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NEWFOUNDLAND AND

LABRADOR

REGULATION 60/16

Water Use Charges Regulations

under the

Water Resources Act

(O.C. 2016-207)

Amended by:

61/18

58/20

67/21

NEWFOUNDLAND

AND

LABRADOR

REGULATION 60/16

Water Use Charges Regulations

under the

Water Resources Act

(O.C. 2016-207)

(Filed September 29, 2016)

Under the authority of sections 29 and 64 of the Water Resources Act ,

the Lieutenant-Governor in Council makes the following regulations.

Dated at St. Johns, September 28, 2016.

Bernard M. Coffey, Q.C.

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definition

Water use charges

3.1

Waiver and deferral

3.2

Waiver and refund

Commencement

Schedule

Short title

These regulations may be cited as the Water Use Charges Regulations .

60/16 s1

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Definition

In these regulations, "water use licence" means a licence to divert or use water for commercial or industrial purposes issued under the Water Resources Act.

60/16 s2

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Water use charges

(1)The annual water use

charges for a water use licence are prescribed in the Schedule.

(2) On January 1 of each year during the term of a water use licence the annual charges prescribed in the

Schedule shall be adjusted based on the percentage change, rounded to 2 decimal places, in relation to the preceding year, in the All-items Consumer Price Index for Canada

as published under the Statistics Act

(Canada).

(3) For the purposes of subsection (2), the All-items Consumer Price Index for Canada

for a year is the annual average calculated from the monthly indexes for the 12 month

period ending September 30 of the preceding year.

60/16 s3

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Waiver and deferral

3.1

(1)Water use charges invoiced during the fiscal year 2020-2021 shall be waived for the following industries:

(

a) aquaculture industries;

(

b) micro-brewery industries;

(

c) winery industries; and

(

d) mineral exploration industries.

(2) For all other industries not referenced in subsection (1), payment of water use

charges invoiced during the fiscal year 2020-2021 shall be deferred until March 31, 2021.

58/20 s1

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Waiver and refund

3.2

(1) Water use charges invoiced on or after April 1, 2021

and before the coming into force of these regulations shall be waived for the following industries:

(

a) marine aquaculture (shellfish only );

(

b) water bottling and production of other water based finished products from surface and groundwater sources;

(

c) water bottling and production of other water based finished products from water or ice harvested from icebergs; and

(

d) mineral exploration.

(2) Any payments made in respect of water use charges waived under subsection (1) shall be refunded.

67/21 s1

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Commencement

These regulations come into force on October 1, 2016.

60/16 s4

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Schedule

Annual Water Use Charges

Water Use Purpose

Annual Water Use Charges

Commercial

Marine aquaculture (finfish only)

$1,000

Freshwater aquaculture with cages or gear

$10,000

Commercial purpose (Except water bottling and/or production of other finished water based

products)

$5 per 1,000 m 3

licensed and used plus $0.50 per 1,000 m 3

licensed but not used

Minimum annual water use charge for a commercial entity where water is only used for non-commercial purposes

$500

Industrial

Industrial purpose (Except the removal or displacement of water from a body of water by accumulated or deposited tailing effluent and material)

$10 per 1,000 m 3

licensed and used plus $1.00 per 1,000 m 3

licensed but not used

Industrial purpose for the removal or displacement of water from a body of water by accumulated or deposited tailing effluent and material

$200 per 1,000 m 3

of water removed or displaced

Minimum annual water use charge for any industrial purpose (including the removal or displacement of water from a body of water) where there is no water metering equipment to measure water use

$1,000

60/16 Sch ; 61/18 s1 ; 67/21 s2

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