PART IIWater Quality Management (continued)
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.
(4) The Minister may give directions to any federal agency with respect to the implementation of any water quality management program.
- R.S., c. 5(1st Supp.), s. 11
- 1984, c. 31, s. 14
Marginal note:Agent of Her Majesty
(2) A federal agency may, on behalf of Her Majesty, enter into contracts in the name of Her Majesty or in its own name.
(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.
(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.
- R.S., c. 5(1st Supp.), s. 12
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.
- R.S., c. 5(1st Supp.), s. 13
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.
- R.S., 1985, c. C-11, s. 16
- 2003, c. 22, s. 224(E)
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