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

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Act current to 2020-07-28 and last amended on 2014-04-01. Previous Versions

PART IComprehensive Water Resource Management (continued)

Comprehensive Water Resource Management Programs (continued)

Marginal note:Research, data collection and inventory establishment

 The Minister may conduct research, collect data and establish inventories respecting any aspect of water resource management or the management of any specific water resources or provide for the conduct of any such research, data collection or inventory establishment by or in cooperation with any government, institution or person.

  • R.S., c. 5(1st Supp.), s. 6

Marginal note:Matters to be specified in agreements

  •  (1) Where, pursuant to section 5, the Minister enters into an agreement with one or more provincial governments, the agreement shall, where applicable, in respect of each program that is the subject of the agreement, specify

    • (a) the respective parts of the program to be undertaken by the Minister and the provincial government or governments and the times at which and the manner in which those parts of the program are to be carried out;

    • (b) the proportions of the 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 labour, land and materials that are to be supplied in relation to the respective parts of the program by the Minister and the provincial government or governments;

    • (d) 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;

    • (e) the amount of any loan or grant, constituting part or all of the cost of the program to be paid by the Minister, that is to be made or paid by the Minister to the provincial government or governments, and the manner in which the terms and conditions of the loan or grant are to be determined;

    • (f) the authority or authorities, whether an agent or agents of Her Majesty in right of Canada or a province or otherwise as may be agreed to be appropriate, that will be responsible for the undertaking, operation or maintenance of projects that form part of the program;

    • (g) the respective proportions of the revenues from the program that are to be paid to the Minister and the provincial government or governments; and

    • (h) the terms and conditions relating to the undertaking, operation and maintenance of the program.

  • Marginal note:Provisions to be included in agreements

    (2) An agreement entered into pursuant to section 5 shall, where applicable, in respect of the joint commission, board or other body thereby established or named, provide for

    • (a) the constitution thereof, the members thereof 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;

    • (b) the staff thereof that is to be supplied by the Minister and the provincial government or governments;

    • (c) the duties of the body and the powers that it may exercise in directing, supervising and coordinating the program;

    • (d) the keeping of accounts and records by the body;

    • (e) the annual submission by the body to the Minister and the provincial government or governments of operating and capital budgets in connection with the programs directed, supervised and coordinated by the body for the next following fiscal year for approval by the Governor in Council and such persons on behalf of the provincial government or governments as are designated in the agreement; and

    • (f) the submission by the body to the Minister and the provincial government or governments, within three months after the termination of each fiscal year, of an annual report containing such information as is specified in the agreement.

  • R.S., c. 5(1st Supp.), s. 7

PART IIWater Quality Management

Pollution of Waters

Marginal note:Prohibition

 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.

  • R.S., c. 5(1st Supp.), s. 8

Marginal note:Application of section 9

 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.

  • R.S., c. 5(1st Supp.), s. 39

Federal-Provincial Water Quality Management

Marginal note:Federal-provincial agreements

  •  (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.

  • R.S., c. 5(1st Supp.), s. 9

Marginal note:Matters to be specified in agreements

  •  (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).

  • R.S., c. 5(1st Supp.), s. 10
 
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