Acts and Regulations

93-203 - Potable Water

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 93-203
under the
Clean Water Act
(O.C. 93-979)
Filed December 21, 1993
Under section 40 of the Clean Water Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Potable Water Regulation - Clean Water Act.
2In this Regulation
“Act” means the Clean Water Act;(Loi)
“Provincial Analytical Services” means the laboratory operated by the New Brunswick Research and Productivity Council, or another laboratory that is approved by the Minister for the testing of water;(Services analytiques de la province)
“regulated water supply system” means a water supply system that is owned or operated by a local government or the Crown in right of the Province;(installation d’approvisionnement en eau réglementée)
“sampling plan” means a plan for collecting and testing water in a regulated water supply system;(plan d’échantillonnage)
“voucher” means a voucher issued under subsection 3(1).(bon)
2000, c.26, s.47; 2000-47; 2006, c.16, s.34; 2012, c.39, s.42; 2014-26; 2016-67; 2017, c.20, s.26
3(1)The Minister shall issue to a person who bores, drills, digs or redrills a well a voucher that permits the owner of the well to have a sample of water from the well tested for the presence of inorganic substances and micro-organisms at the Provincial Analytical Services.
3(2)Every person who bores, drills, digs or redrills a well shall, before commencing the work, give a voucher to the owner of the well for a fee of one hundred and thirty-two dollars which includes a fee of one hundred and ten dollars for testing a sample of water from the well for the presence of inorganic substances and micro-organisms at the Provincial Analytical Services.
3(3)Every person who bores, drills, digs or redrills a well shall, on completion of the work, attach a well identifier tag that is provided by the Minister
(a) to a portion of the well that is above the land surface, or
(b) to any other portion of the well with the prior written approval of the Minister.
3(4)Except with the prior written approval of the Minister, no person shall remove a well identifier tag referred to in subsection (3) that is attached to a well.
3(5)A well identifier tag attached to a well under subsection (3) shall bear an identifier number that is the same as the identifier number on the water well driller’s report for the well.
4(1)Every person who bores, drills, digs or redrills a well shall, when giving a voucher to the owner of the well under subsection 3(2), sign and date the voucher.
4(2)A voucher shall
(a) be valid for a period of twelve months commencing on the date on which it is given to the owner of the well under subsection 3(2), and
(b) have an identifier number that is the same as the identifier number on the water well driller’s report for the well and the well identifier tag.
5(1)The owner of a well to whom a voucher has been given under subsection 3(2) shall redeem it within twelve months after the date on which it is given by submitting
(a) the voucher to an office of the Department of Environment and Local Government or the Department of Health, and
(b) a sample of water from the well to the Provincial Analytical Services in accordance with the instructions provided by the Minister.
5(2)If the owner of a well to whom a voucher has been given does not redeem it within twelve months after the date on which it is given, the Minister or the Minister of Health may take a sample of water from the well and have it tested at the Provincial Analytical Services at the expense of the owner.
5(3)Repealed: 2016-67
5(4)The Minister of Health shall send by ordinary mail a letter informing the owner of a well referred to in subsections (1) or (2) of the results of the test of the sample of water.
5(5)Repealed: 2012-9
2000, c.26, s.47; 2006, c.16, s.34; 2012-9; 2012, c.39, s.42; 2016-67; 2017, c.2, s.4
5.1(1)The owner of a private well may have a sample of water tested at the expense of the owner by submitting the sample to the Provincial Analytical Services.
5.1(2)The Provincial Analytical Services shall send by ordinary mail a letter informing the owner referred to in subsection (1) of the results of the test of the sample of water.
2017, c.2, s.4
5.2The Provincial Analytical Services, the Minister and the Minister of Health may collect information related to a sample of water from a well to be tested under this Regulation, including personal information related to the owner of the well.
2017, c.2, s.4
6Unless otherwise provided in the Act or this Regulation, the results of a test of a sample of water from a well and all related information are confidential and shall not be disclosed by the Minister, the Minister of Health, the Provincial Analytical Services, or any person employed by the Minister, the Minister of Health or the Provincial Analytical Services to a person other than the owner of the well unless
(a) the person requesting the results has obtained the written consent of the owner, or
(b) the disclosure is in an aggregate form and does not identify the individual well from which the sample was taken.
2000, c.26, s.47; 2006, c.16, s.34; 2012, c.39, s.42; 2016-67; 2017, c.2, s.4
6.1Repealed: 2016-67
2013, c.34, s.6; 2016-67
7(1)An owner of a regulated water supply system shall
(a) have a sampling plan that is approved by the Minister, and
(b) ensure that the water in the system is collected and tested in accordance with the sampling plan.
7(2)If an owner of a regulated water supply system does not have an approved sampling plan, the Minister may make a sampling plan for the system.
2000, c.26, s.47; 2000-47; 2006, c.16, s.34; 2014-26
7.1(1)A sampling plan shall be approved by the Minister in accordance with minimum standards established by the Minister, including minimum standards with respect to the approval of sample parameters, frequency and location, and set out in a standard operating procedures document.
7.1(2)Before the Minister approves a sampling plan under subsection (1), the standard operating procedures document shall be submitted to and approved by the Minister of Health.
2014-26
8(1)A sampling plan shall be on a form provided by the Minister and shall include the following information:
(a) the frequency with which the samples of water are to be collected from the regulated water supply system for the purpose of testing;
(b) a list of the substances that the regulated water supply system is to be tested for;
(c) a description of each location in the regulated water supply system where the samples of water are to be collected;
(d) Repealed: 2014-26
(e) Repealed: 2014-26
(f) the date that the sampling of the water is to commence; and
(g) any other information that that Minister considers necessary.
8(1.1)The information referred to in paragraphs (1)(a) and (b) shall be prepared and published from time to time by the Department of Health.
8(2)An owner of a regulated water supply system may make written application to the Minister to amend the sampling plan that applies to that system.
8(3)The Minister may approve or reject an application by an owner referred to in subsection (2).
8(4)If the Minister approves an application to amend a sampling plan under subsection (3), the amendment shall take effect on the date of the approval.
8(5)The Minister or the Minister of Health may amend a sampling plan without the consent of an owner of the regulated water supply system to which the plan applies if that Minister gives the owner written reasons for the amendment before making the amendment.
8(6)If the Minister or the Minister of Health amends a sampling plan under subsection (5), the amendment shall take effect on the date that Minister makes the amendment.
8(7)The Minister may on request by any person provide a copy of a sampling plan.
2000, c.26, s.47; 2000-47; 2006, c.16, s.34; 2014-26
9(1)An owner of a regulated water supply system shall ensure that the water in the system is tested in accordance with the sampling plan that applies to that system at a laboratory that is accredited under the International Organization for Standardization standard ISO/IEC 17025:2005, entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time.
9(2)If an owner of a regulated water supply system submits a sample of water for testing at a laboratory other than the Provincial Analytical Services, the laboratory shall disclose the results of the test to the Minister and the Minister of Health.
9(2.1) A laboratory that performs a test referred to in subsection (2) shall disclose the results in a form and manner that is acceptable to the Minister or the Minister of Health, as the case may be.
9(3)If an owner of a regulated water supply system does not have the water tested in accordance with subsection (1), the Minister or the Minister of Health may take samples of water from the regulated water supply system in accordance with the sampling plan which applies to that system and have the samples tested at the Provincial Analytical Services at the expense of the owner.
2000, c.26, s.47; 2000-47; 2006, c.16, s.34; 2012-9; 2016-67
10If a sample of water has been submitted for testing to the Provincial Analytical Services, the Province may require additional testing of the sample for substances other than the substances for which it was submitted for testing and shall bear the costs of the additional testing.
2016-67
10.01(1)The Provincial Analytical Services shall disclose the results of a test performed on a sample of water referred to in subsection 5(1) or (2) or section 9 or 10 and all related information to the Minister and the Minister of Health.
10.01(1.1)The Provincial Analytical Services shall disclose the results of a test referred to in subsection 5.1(1) and all related information to
(a) the Minister, and
(b) the Minister of Health, as may be required by that Minister.
10.01(2)The Provincial Analytical Services shall disclose the results of a test referred to in subsection (1) or (1.1) and all related information in a form and manner that is acceptable to the Minister or the Minister of Health, as the case may be.
2016-67; 2017, c.2, s.4
10.02(1)If section 5.2, 6 or 10.01 is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, section 5.2, 6 or 10.01, as the case may be, prevails.
10.02(2)Subsection (1) does not apply to the collection, use or disclosure of personal information in the context of the agreements entered into under section 47.1 of the Right to Information and Protection of Privacy Act.
2016-67; 2017, c.2, s.4; 2019, c.18, s.10
Transitional
10.1(1)An owner or operator of a regulated water supply system who has had a sampling plan approved by the Minister of Health before the coming into force of this section shall have a new sampling plan approved by the Minister of Environment and Local Government in accordance with this Regulation.
10.1(2)A sampling plan approved by the Minister of Health under section 8 of this Regulation before the coming into force of this section shall remain in force until July 1, 2014, or until a new sampling plan referred to in subsection (1) is approved by the Minister of Environment and Local Government, whichever occurs first.
2014-26
11This Regulation comes into force on January 1, 1994.
N.B. This Regulation is consolidated to June 14, 2019.