An Act to provide for the management of the water resources of Canada, including research and the planning and implementation of programs relating to the conservation, development and utilization of water resources
WHEREAS the demands on the water resources of Canada are increasing rapidly and more knowledge is needed of the nature, extent and distribution of those resources, of the present and future demands thereon and of the means by which those demands may be met;
AND WHEREAS pollution of the water resources of Canada is a significant and rapidly increasing threat to the health, well-being and prosperity of the people of Canada and to the quality of the Canadian environment at large and as a result it has become a matter of urgent national concern that measures be taken to provide for water quality management in those areas of Canada most critically affected;
AND WHEREAS Parliament desires that, in addition, comprehensive programs be undertaken by the Government of Canada and by the Government of Canada in cooperation with provincial governments, in accordance with the responsibilities of the federal government and each of the provincial governments in relation to water resources, for research and planning with respect to those resources and for their conservation, development and utilization to ensure their optimum use for the benefit of all Canadians;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note: Short title
1 This Act may be cited as the Canada Water Act .
Marginal note: Definitions
means an inspector designated pursuant to subsection 25(1); ( inspecteur )
means any waters, whether international, boundary or otherwise, that, whether wholly situated in a province or not, significantly affect the quantity or quality of waters outside the province; ( eaux relevant de plusieurs juridictions )
means waters of rivers that flow across the international boundary between the United States and Canada; ( eaux internationales )
means the Minister of the Environment; ( ministre )
means prescribed by regulation; ( Version anglaise seulement )
means any aspect of water resource management that relates to restoring, maintaining or improving the quality of water; ( gestion qualitative des eaux )
means the conservation, development and utilization of water resources and includes, with respect thereto, research, data collection and the maintaining of inventories, planning and the implementation of plans, and the control and regulation of water quantity and quality. ( gestion des ressources en eau )
shall, for the purposes of this Act, be deemed to be waste.
Marginal note: Binding on Her Majesty
3 This Act is binding on Her Majesty in right of Canada or a province.
Marginal note: Establishment of intergovernmental committees, etc.
4 For the purpose of facilitating the formulation of policies and programs with respect to the water resources of Canada and to ensure the optimum use of those resources for the benefit of all Canadians, having regard to the distinctive geography of Canada and the character of water as a natural resource, the Minister may, with the approval of the Governor in Council, enter into an arrangement with one or more provincial governments to establish, on a national, provincial, regional, lake or river-basin basis, intergovernmental committees or other bodies
Marginal note: Federal-provincial water resource management programs
5 Subject to this Act, the Minister may, with the approval of the Governor in Council, with respect to any waters where there is a significant national interest in the water resource management thereof, enter into agreements with one or more provincial governments having an interest in the water resource management of those waters, providing for programs to
and establishing or naming joint commissions, boards or other bodies empowered to direct, supervise and coordinate those programs.
Marginal note: Federal water resource management programs
Marginal note: Research, data collection and inventory establishment
7 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.
Marginal note: Matters to be specified in agreements
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.
Marginal note: Federal-provincial agreements
Marginal note: Matters to be specified in agreements
Marginal note: Federal programs respecting inter-jurisdictional waters
Marginal note: Agent of Her Majesty
Marginal note: Objects of agencies
Marginal note: Remuneration of members
Marginal note: Operating account
Marginal note: General
for the purpose of subsection 2(2);
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;
Marginal note: Designation
Marginal note: Powers of inspectors
the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter and search that area, place, premises, vessel or vehicle subject to such conditions as may be specified in the warrant.
Marginal note: Obstruction of inspector
Marginal note: Establishment and constitution of advisory committees
Marginal note: Distribution of information
29 The Minister may, either directly or in cooperation with any government, institution or person, publish or otherwise distribute or arrange for the publication or distribution of such information as the Minister deems necessary to inform the public respecting any aspect of the conservation, development or utilization of the water resources of Canada.
Marginal note: Punishment
Marginal note: Punishment
31 Every person who contravenes section 27 or any regulation made under paragraph 18(1)(e), (f) or (g) is guilty of an offence punishable on summary conviction.
Marginal note: Order to refrain or to cease activity
32 Where a person is convicted of an offence under this Act, the court may, in addition to any punishment it may impose, order that person to refrain from any further contravention of the provision of this Act or the regulations for the contravention of which that person has been convicted or to cease to carry on any activity specified in the order the carrying on of which, in the opinion of the court, will or is likely to result in any further contravention thereof.
Marginal note: Offence of employee or agent
33 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of, and that all due diligence to prevent its commission was exercised by, the accused.
Marginal note: Limitation period
34 Proceedings in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the time when the subject-matter of the proceedings arose.
Marginal note: Venue
35 Any complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.
Marginal note: Action to enjoin not prejudiced by prosecution
Marginal note: Certificate of analyst
Marginal note: Annual report
38 The Minister shall, as soon as possible after the end of each fiscal year, prepare a report on the operations under this Act for that year, and the Minister shall cause the report to be laid before Parliament forthwith on the completion thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.
Marginal note: Loans, grants and contributions
39 The Minister may, with the approval of the Governor in Council,