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

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.

Marginal note:Remuneration of members

• 16 (1) The members of an agency who are appointed by the Minister or by the Governor in Council and who are not employees in the federal public administration shall be paid by the agency such remuneration as is authorized by the Governor in Council.

• Marginal note:Staff and professional or technical assistance

  (2) The Minister may provide any agency with such officers and employees as may be necessary for the proper functioning of the agency, and may provide it with such professional or technical assistance for temporary periods or for specific work as the agency may request.

• Marginal note:Employment and remuneration of staff and consultants

  (3) Subject to the agreement under which the incorporation of an agency was authorized to be procured or to any direction of the Minister under subsection 13(4) in respect of a federal agency, the agency may employ such officers and employees and such consultants and advisers as it considers necessary to enable it to carry out its objects and may fix the terms and conditions of their employment and their remuneration, which shall be paid by the agency.

Marginal note:Operating account

• 17 (1) Each agency shall maintain, in a bank, an account under the name of the agency.

• Marginal note:Credits

  (2) There shall be deposited to the account referred to in subsection (1)

  • (a) all amounts collected by the agency as or on account of charges levied for treatment of waste, for the analysis of samples of waste or for the deposit of waste in the waters composing the water quality management area for which the agency is incorporated or named;

  • (b) contributions paid or loans made to the agency by the Government of Canada or the government of a province in respect of the cost of incorporation of the agency, in respect of its operating expenses or in respect of capital costs incurred by it; and

  • (c) interest received by the agency on securities purchased, acquired and held by it pursuant to subsection (4).

• Marginal note:Debits

  (3) All expenditures incurred by the agency in its operations and all repayments of loans made to the agency and payments of interest thereon shall be paid out of the account referred to in subsection (1).

• Marginal note:Investment of surplus funds

  (4) An agency may from time to time, out of any surplus funds standing to its credit in an account maintained pursuant to subsection (1), purchase, acquire and hold

  • (a) in the case of a federal agency, any securities of or guaranteed by the Government of Canada; and

  • (b) in the case of any other agency, any securities of or guaranteed by the Government of Canada, or of or guaranteed by the government of any province that is a party to the agreement pursuant to which the agency was authorized to be incorporated or was named.

• Marginal note:Sale of investments

  (5) An agency may sell any securities purchased, acquired and held pursuant to subsection (4) and the proceeds of sale shall be deposited to the credit of the agency in the account maintained in respect of the agency under subsection (1).

Regulations

Marginal note:General

• 18 (1) The Governor in Council may make regulations

  • (a) prescribing

    • (i) substances and classes of substances,

    • (ii) quantities or concentrations of substances and classes of substances in water, and

    • (iii) treatments, processes and changes of water

    for the purpose of subsection 2(2);

  • (b) prescribing the procedure to be followed by each agency in determining its recommendations with respect to charges that may be levied by it for treatment of waste at any waste treatment facility that is operated and maintained by the agency;

  • (c) prescribing the procedure to be followed by each agency in determining its recommendations with respect to water quality standards for waters composing the water quality management area for which it is incorporated or named;

  • (d) prescribing the criteria, which shall be related to estimates of the cost of appropriate treatment of waste expected to be deposited, to be used by each agency in determining its recommendations with respect to effluent discharge fees to be paid by persons for the deposit of waste in waters composing the water quality management area for which it is incorporated or named and the time or times at which and the manner in which those fees should be paid;

  • (e) requiring persons who deposit waste in any waters composing a water quality management area to maintain books and records necessary for the proper enforcement of this Act and the regulations;

  • (f) requiring persons who have deposited waste in contravention of section 9 to report the deposit to the agency incorporated or named for the water quality management area in which the deposit is made and providing for the manner in which and the time within which the report is to be made;

  • (g) requiring persons who deposit waste in any waters composing a water quality management area to submit test portions of that waste to the agency incorporated or named in respect of the area;

  • (h) respecting the method of analysis by each agency of test portions of waste submitted to it;

  • (i) respecting the powers and duties of inspectors and analysts, the taking of samples and the making of analyses for the purposes of this Act; and

  • (j) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:For water quality management areas

  (2) Subject to subsection (3), the Governor in Council may make regulations prescribing, with respect to each water quality management area,

  • (a) the quantities, if any, of waste of any type that, for the purpose of section 9, may be deposited in the waters composing that area and the conditions under which any such waste may be deposited;

  • (b) the charges to be paid by any person to the agency incorporated or named in respect thereof

    • (i) for treatment of waste by the agency at a waste treatment facility that is operated and maintained by it, and

    • (ii) for analysis of waste samples by the agency,

    and the persons by whom those charges are payable and the time or times at which and the manner in which those charges shall be paid;

  • (c) water quality standards for the waters composing that area; and

  • (d) the effluent discharge fees, if any, to be paid by any person to the agency incorporated or named in respect thereof for the deposit of waste in the waters composing that area and the persons by whom those fees are payable and the time or times at which and the manner in which those fees shall be paid.

• Marginal note:Governor in Council to act only on recommendation

  (3) No regulation that is made by the Governor in Council under subsection (2) with respect to a water quality management area for which an agency is incorporated or named under an agreement entered into pursuant to section 11 is of any force or effect unless

  • (a) the regulation is made on the recommendation of the agency; or

  • (b) where the Minister and the appropriate minister of each provincial government that is a party to the agreement disagree with the recommendations of the agency and jointly make a different recommendation, the regulation is made on that joint recommendation.

PART III[Repealed, R.S., 1985, c. 16 (4th Supp.), s. 141]

PART IVGeneral

Inspectors and Analysts

Marginal note:Designation

• 25 (1) The Minister may designate any qualified person as an inspector or analyst for the purposes of this Act but where a qualified officer of any other department or agency of the Government of Canada carries out similar duties for the purposes of another Act the Minister shall designate that officer whenever possible.

• Marginal note:Certificate to be produced

  (2) The Minister shall furnish every inspector with a certificate of his designation as an inspector and on entering any area, place, premises, vehicle or vessel referred to in subsection 26(1) an inspector shall, if so required, produce the certificate to the person in charge thereof.