Acts and Regulations

C-6.1 - Clean Water Act

Section 15
Disposition versions

Full text
Alteration of watercourse or wetland
15(1)A person planning a hydro-electric power project, a control dam, a river diversion, a drainage diversion or any other project or structure that alters a watercourse or a wetland or diverts all or part of a watercourse or the water flowing in a watercourse or a wetland shall, before undertaking or proceeding with the project,
(a) provide the Minister with copies of the plans and such other documents or information as the Minister may require, and
(b) subject to subsection (1.1), obtain a permit issued by the Minister.
15(1.01)The Minister may impose such terms and conditions as the Minister considers appropriate on a permit issued under paragraph (1)(b), including those requiring the maintenance of a designated rate of water flow.
15(1.1)Paragraph (1)(b) does not apply to a person or a member of a class of persons who is exempted, in accordance with the regulations, from the requirement to obtain a permit or for whom the requirement has been waived in accordance with the regulations.
15(1.2)The owner of a project or structure referred to in subsection (1) shall ensure that all the original specifications of the project or structure that were provided to the Minister under subsection (1), any terms and conditions imposed on any permit issued in relation to the project or structure and any additional or amended specifications subsequently approved by the Minister upon the request of the holder of the permit, are met at all times.
15(2)The owner of a project or structure referred to in subsection (1) or any other structure that lies within or crosses all or part of a watercourse or wetland shall maintain the project or structure in good repair at all times.
15(3)Subject to the regulations, the Minister at any time may
(a) order an inspection, by an inspector, of any project or structure referred to in subsection (2),
(b) order the owner or operator of the project or structure to provide such drawings, specifications and other documents and information as the Minister requires,
(c) order the owner, operator or another person to carry out, at the expense of the owner or operator, such repairs or modifications to the project or structure as the Minister considers necessary, and
(d) order the owner or operator to meet any terms and conditions imposed on any permit issued in relation to the project or structure, to meet any of the original specifications or to meet any additional or amended specifications that were approved by the Minister upon the request of the holder of the permit.
15(4)Where a watercourse or wetland alteration or the work associated with it is not commenced, made or carried out in compliance with this Act, the regulations, the terms and conditions imposed on any permit that may have been issued for the alteration or any order, direction or demand of the Minister, the Minister may order the person to whom the permit is issued, or if no permit is issued, the person commencing, making or carrying out the alteration
(a) to cease and desist from further work of commencing, making or carrying out the alteration,
(b) to remove the alteration and any building, structure, works and chattels used to commence, make or carry out the alteration,
(c) to do or cause to be done such things as are considered necessary by the Minister to make the alteration conform to this Act, the regulations, the terms and conditions imposed on any permit that may have been issued and any order, direction or demand of the Minister, or
(d) to do or cause to be done such things as are considered necessary by the Minister to render the alteration in good repair.
15(5)Notwithstanding subsection 4(8), if the Minister is satisfied that it is in the public interest that
(a) a watercourse or wetland alteration, or
(b) a structure or thing that lies within or crosses a watercourse or wetland,
be removed from the watercourse or wetland and the owner cannot, in the Minister’s opinion, be ascertained, the Minister may order the removal of the alteration, structure or thing at the expense of the Province.
1990, c.35, s.2; 1993, c.19, s.10; 2002, c.26, s.15; 2003, c.5, s.4; 2003, c.5, s.6
Alteration of watercourse or wetland
15(1)A person planning a hydro-electric power project, a control dam, a river diversion, a drainage diversion or any other project or structure that alters a watercourse or a wetland or diverts all or part of a watercourse or the water flowing in a watercourse or a wetland shall, before undertaking or proceeding with the project,
(a) provide the Minister with copies of the plans and such other documents or information as the Minister may require, and
(b) subject to subsection (1.1), obtain a permit issued by the Minister.
15(1.01)The Minister may impose such terms and conditions as the Minister considers appropriate on a permit issued under paragraph (1)(b), including those requiring the maintenance of a designated rate of water flow.
15(1.1)Paragraph (1)(b) does not apply to a person or a member of a class of persons who is exempted, in accordance with the regulations, from the requirement to obtain a permit or for whom the requirement has been waived in accordance with the regulations.
15(1.2)The owner of a project or structure referred to in subsection (1) shall ensure that all the original specifications of the project or structure that were provided to the Minister under subsection (1), any terms and conditions imposed on any permit issued in relation to the project or structure and any additional or amended specifications subsequently approved by the Minister upon the request of the holder of the permit, are met at all times.
15(2)The owner of a project or structure referred to in subsection (1) or any other structure that lies within or crosses all or part of a watercourse or wetland shall maintain the project or structure in good repair at all times.
15(3)Subject to the regulations, the Minister at any time may
(a) order an inspection, by an inspector, of any project or structure referred to in subsection (2),
(b) order the owner or operator of the project or structure to provide such drawings, specifications and other documents and information as the Minister requires,
(c) order the owner, operator or another person to carry out, at the expense of the owner or operator, such repairs or modifications to the project or structure as the Minister considers necessary, and
(d) order the owner or operator to meet any terms and conditions imposed on any permit issued in relation to the project or structure, to meet any of the original specifications or to meet any additional or amended specifications that were approved by the Minister upon the request of the holder of the permit.
15(4)Where a watercourse or wetland alteration or the work associated with it is not commenced, made or carried out in compliance with this Act, the regulations, the terms and conditions imposed on any permit that may have been issued for the alteration or any order, direction or demand of the Minister, the Minister may order the person to whom the permit is issued, or if no permit is issued, the person commencing, making or carrying out the alteration
(a) to cease and desist from further work of commencing, making or carrying out the alteration,
(b) to remove the alteration and any building, structure, works and chattels used to commence, make or carry out the alteration,
(c) to do or cause to be done such things as are considered necessary by the Minister to make the alteration conform to this Act, the regulations, the terms and conditions imposed on any permit that may have been issued and any order, direction or demand of the Minister, or
(d) to do or cause to be done such things as are considered necessary by the Minister to render the alteration in good repair.
15(5)Notwithstanding subsection 4(8), if the Minister is satisfied that it is in the public interest that
(a) a watercourse or wetland alteration, or
(b) a structure or thing that lies within or crosses a watercourse or wetland,
be removed from the watercourse or wetland and the owner cannot, in the Minister’s opinion, be ascertained, the Minister may order the removal of the alteration, structure or thing at the expense of the Province.
1990, c.35, s.2; 1993, c.19, s.10; 2002, c.26, s.15; 2003, c.5, s.4; 2003, c.5, s.6
Alteration of watercourse or wetland
15(1)A person planning a hydro-electric power project, a control dam, a river diversion, a drainage diversion or any other project or structure that alters a watercourse or a wetland or diverts all or part of a watercourse or the water flowing in a watercourse or a wetland shall, before undertaking or proceeding with the project,
(a) provide the Minister with copies of the plans and such other documents or information as the Minister may require, and
(b) subject to subsection (1.1), obtain a permit issued by the Minister.
15(1.01)The Minister may impose such terms and conditions as the Minister considers appropriate on a permit issued under paragraph (1)(b), including those requiring the maintenance of a designated rate of water flow.
15(1.1)Paragraph (1)(b) does not apply to a person or a member of a class of persons who is exempted, in accordance with the regulations, from the requirement to obtain a permit or for whom the requirement has been waived in accordance with the regulations.
15(1.2)The owner of a project or structure referred to in subsection (1) shall ensure that all the original specifications of the project or structure that were provided to the Minister under subsection (1), any terms and conditions imposed on any permit issued in relation to the project or structure and any additional or amended specifications subsequently approved by the Minister upon the request of the holder of the permit, are met at all times.
15(2)The owner of a project or structure referred to in subsection (1) or any other structure that lies within or crosses all or part of a watercourse or wetland shall maintain the project or structure in good repair at all times.
15(3)Subject to the regulations, the Minister at any time may
(a) order an inspection, by an inspector, of any project or structure referred to in subsection (2),
(b) order the owner or operator of the project or structure to provide such drawings, specifications and other documents and information as the Minister requires,
(c) order the owner, operator or another person to carry out, at the expense of the owner or operator, such repairs or modifications to the project or structure as the Minister considers necessary, and
(d) order the owner or operator to meet any terms and conditions imposed on any permit issued in relation to the project or structure, to meet any of the original specifications or to meet any additional or amended specifications that were approved by the Minister upon the request of the holder of the permit.
1990, c.35, s.2; 1993, c.19, s.10; 2003, c.5, s.4