Canada Water Act (R.S.C., 1985, c. C-11)

PART IIWater Quality Management

Pollution of Waters

Marginal note:Prohibition

9 Except in quantities and under conditions prescribed with respect to waste disposal in the water quality management area in question, including the payment of any effluent discharge fee prescribed therefor, no person shall deposit or permit the deposit of waste of any type in any waters composing a water quality management area designated pursuant to section 11 or 13, or in any place under any conditions where the waste or any other waste that results from the deposit of the waste may enter any such waters.

Marginal note:Application of section 9

10 Section 9 is not applicable in respect of a water quality management area designated pursuant to section 11 or 13 until a proclamation has been issued declaring it to be applicable in respect of that area.

Federal-Provincial Water Quality Management

Marginal note:Federal-provincial agreements

• 11 (1) The Minister may, with the approval of the Governor in Council, enter into agreements with one or more provincial governments that have an interest in the water quality management of

  • (a) any federal waters; or

  • (b) any waters, other than federal waters, the water quality management of which has become a matter of urgent national concern.

• Marginal note:Object of agreements

  (2) An agreement referred to in subsection (1) shall

  • (a) designate the waters to which the agreement relates as a water quality management area;

  • (b) provide for water quality management programs in respect of those waters; and

  • (c) authorize the Minister, jointly with such one or more provincial governments, to procure the incorporation of a corporation without share capital, or to name an existing corporation that is an agent of Her Majesty in right of Canada or a province or that performs any function or duty on behalf of the Government of Canada or the government of a province, as a water quality management agency to plan, initiate and carry out, in conjunction with the Minister and the provincial government or governments referred to in subsection (1), programs described in section 15 in respect of the waters described in that subsection.

Marginal note:Matters to be specified in agreements

• 12 (1) Where, pursuant to section 11, the Minister enters into an agreement with one or more provincial governments, the agreement shall, where applicable, in respect of each water quality management program that is the subject of the agreement, specify

  • (a) the responsibilities of the Minister and the provincial government or governments and the times at which and the manner in which those responsibilities are to be undertaken;

  • (b) the proportions of the capital cost of the respective parts of the program that are to be paid by the Minister and the provincial government or governments and the times at which amounts representing those proportions are to be paid;

  • (c) the loans or contributions to be made or paid by the Minister and the provincial government or governments in respect of the cost of incorporation and operating expenses of the agency that is to undertake the program, the loans to be made by the Minister and that government or those governments in respect of capital costs incurred by that agency and the times at which those loans or contributions are to be made or paid;

  • (d) the labour, land and materials that are to be supplied by the Minister and the provincial government or governments to the agency referred to in paragraph (c);

  • (e) the proportions in which any compensation awarded or agreed to be paid to any body or person suffering loss as a result of the program is to be paid by the Minister and the provincial government or governments; and

  • (f) the terms and conditions relating to the undertaking, operation and maintenance of the program by the agency referred to in paragraph (c).

• Marginal note:Termination of agreement

  (2) An agreement entered into pursuant to section 11 shall provide that it may be terminated, on six months written notice by any party to the agreement to all other parties thereto or on such lesser notice as may be agreed on by all the parties, and that on the expiration of the time fixed by the notice for the termination of the agreement any agency incorporated thereunder shall be wound up.

• Marginal note:Provisions to be included in agreements

  (3) An agreement entered into pursuant to section 11 shall, in respect of the agency the incorporation of which is thereby authorized to be procured, if any, provide for

  • (a) the proposed corporate name of the agency;

  • (b) the place within the water quality management area designated in the agreement where the head office of the agency is to be situated;

  • (c) the members of the agency that are to be appointed by the Minister and the provincial government or governments that are parties to the agreement and the terms and conditions of the appointments;

  • (d) the proposed by-laws of the agency; and

  • (e) the matters set out in paragraphs 8(2)(b) and (d) to (f).

Federal Water Quality Management

Marginal note:Federal programs respecting inter-jurisdictional waters

• 13 (1) Where the water quality management of any inter-jurisdictional waters has become a matter of urgent national concern, the Governor in Council, subject to subsection (2), may, on the recommendation of the Minister, designate those waters as a water quality management area and authorize the Minister to name an existing corporation that is an agent of Her Majesty in right of Canada, or that performs any function or duty on behalf of the Government of Canada, as a water quality management agency to plan, initiate and carry out programs described in section 15 in respect of those waters.

• Marginal note:Conditions for programs

  (2) The Governor in Council may exercise the powers referred to in subsection (1) where either

  • (a) the Governor in Council is satisfied that all reasonable efforts have been made by the Minister to reach an agreement under section 11 with the one or more provincial governments having an interest in the water quality management of the inter-jurisdictional waters in question and that those efforts have failed, or

  • (b) although an agreement was reached under section 11 in respect of those inter-jurisdictional waters and an agency was incorporated or named under the agreement, the Minister and the appropriate minister of each provincial government that was a party to the agreement disagreed with the recommendations of the agency with respect to water quality standards for those waters and were unable to agree on a joint recommendation with respect thereto and, as a result of the failure to agree, the agreement under section 11 was terminated.

• Marginal note:Programs respecting federal waters

  (3) The Governor in Council may, on the recommendation of the Minister, designate any federal waters as a water quality management area and authorize the Minister to name an existing corporation that is an agent of Her Majesty in right of Canada, or that performs any function or duty on behalf of the Government of Canada, as a water quality management agency to plan, initiate and carry out programs described in section 15 in respect of those waters.

• Marginal note:Directions

  (4) The Minister may give directions to any federal agency with respect to the implementation of any water quality management program.

Marginal note:Agent of Her Majesty

• 14 (1) A federal agency is for all purposes an agent of Her Majesty and it may exercise its powers only as an agent of Her Majesty.

• Marginal note:Contracts

  (2) A federal agency may, on behalf of Her Majesty, enter into contracts in the name of Her Majesty or in its own name.

• Marginal note:Property

  (3) Any property acquired by a federal agency is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in its own name.

• Marginal note:Proceedings

  (4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by a federal agency on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against that agency in the name of the agency in any court that would have jurisdiction if it were not an agent of Her Majesty.

Water Quality Management Agencies

Marginal note:Objects of agencies

• 15 (1) The objects of each water quality management agency shall be to plan, initiate and carry out programs to restore, preserve and enhance the water quality level in the water quality management area for which the agency is incorporated or named.

• Marginal note:Powers of agencies

  (2) In carrying out the objects of a water quality management agency, subject to any agreement under section 11 relating to the water quality management area for which it is incorporated or named or subject to any direction of the Minister to a federal agency, the agency may, after taking into account views expressed to it, at public hearings and otherwise, by persons likely to have an interest therein, in respect of the waters composing the water quality management area,

  • (a) ascertain the nature and quantity of waste present therein and the water quality level;

  • (b) undertake studies that enable forecasts to be made of the amounts and kinds of waste that are likely to be added to those waters in the future; and

  • (c) develop and recommend to the Minister and, in the case of an agency other than a federal agency, to the appropriate minister of each provincial government that is a party to the agreement relating to the water quality management area, a water quality management plan including

    • (i) recommendations with respect to water quality standards for those waters or any part thereof and the times at which those standards should be attained,

    • (ii) recommendations, based on the water quality standards recommended pursuant to subparagraph (i), with respect to the quantities and types of waste, if any, that may be deposited in those waters and the conditions under which any such waste may be deposited,

    • (iii) recommendations with respect to the treatment that may be required for any waste that is or may be deposited in those waters and the type of treatment facilities necessary to achieve the water quality standards recommended pursuant to subparagraph (i),

    • (iv) recommendations with respect to appropriate effluent discharge fees to be paid by persons for the deposit of waste in those waters and the time or times at which and the manner in which those fees should be paid,

    • (v) recommendations with respect to appropriate waste treatment and waste sample analysis charges to be levied by the agency for the treatment of waste at any waste treatment facility that is operated and maintained by it or for the analysis of any waste sample by it,

    • (vi) detailed estimates of the cost of implementation of the plan and of revenues and other benefits likely to be realized from the implementation thereof, and

    • (vii) estimates of the time within which the agency would become financially self-sustaining.

• Marginal note:Publication of plan

  (3) Where an agency recommends a water quality management plan to the Minister, the agency shall forthwith cause the plan to be published in the Canada Gazette and shall publish a concise summary of the plan in a newspaper of general circulation in the area affected by the plan at least once a week for a period of four weeks and no such plan shall be approved until the expiration of seven clear days after the last of those publications of the summary.

• Marginal note:Implementation of plan

  (4) Where a water quality management plan recommended by an agency in respect of the waters composing the water quality management area for which it is incorporated or named has been approved by the Minister and, in the case of an agency other than a federal agency, by the appropriate minister of each provincial government that is a party to the agreement relating to those waters, the agency may, in order to implement the water quality management plan,

  • (a) design, construct, operate and maintain waste treatment facilities and undertake the treatment of waste delivered to those facilities;

  • (b) undertake the collection of any charges prescribed for waste treatment at any waste treatment facility that is operated and maintained by the agency and for waste sample analysis carried out by it;

  • (c) undertake the collection of effluent discharge fees prescribed to be payable by any person for the deposit of waste in those waters;

  • (d) monitor, on a regular basis, water quality levels;

  • (e) provide facilities for the analysis of samples of waste and collect and provide data respecting the quantity and quality of waste and the effects thereof on those waters;

  • (f) regularly inspect any waste treatment facilities within the water quality management area for which the agency is incorporated or named, whether they are publicly or privately owned;

  • (g) publish or otherwise distribute such information as may be required under this Act; and

  • (h) do such other things as are necessary to achieve effective water quality management of those waters.

• Marginal note:Restriction on powers to borrow, etc.

  (5) An agency does not, except with respect to loans authorized to be made to the agency by the Minister or a provincial government as described in paragraph 12(1)(c), have power to borrow moneys, to issue securities or to guarantee the payment of any debt or obligation of any person.