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Volume 60, No. 6

130/2017

The British Columbia Gazette,

Part II

April 11, 2017

B.C. Reg. 130/2017 , deposited March 31, 2017, under the WATER SUSTAINABILITY ACT [sections 124 and 127]. Order in Council 174/2017, approved and ordered March 31, 2017.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that the Water Sustainability

Regulation, B.C. Reg. 36/2016, is amended as set out in the attached Schedule.

— S. THOMSON, Minister of Forests, Lands and Natural Resource Operations ; M. MORRIS, Presiding Member of the Executive Council .

Schedule

Section 1 (1) of the Water Sustainability Regulation, B.C. Reg. 36/2016, is amended

by adding the following definition:

“dry hydrant” means works, typically constructed of metal pipes, strainers, fittings and concrete,

that are

(

a) for diverting water,

(

b) not pressurized, and

(

c) accessible by a fire truck; .

Section 1 (2) is repealed and the following substituted:

(2) In the Act and the regulations:

“extinguish” includes to contain and control the spread of a fire;

“licensee” , in relation to a licence, means the owner of the land, mine or undertaking to which

the licence is appurtenant, and includes the holder of an authorization if the authorization

is a licence.

3 The following

section is added to Division 4 of

Part 2:

Diversion and use of water for firefighting

35.1 A fire department may divert and use, including store, water without holding an authorization

for the diversion and use if the diversion and use is for activities related to preparation

for firefighting, including

(

a) maintaining and testing fire equipment, and

(

b) training firefighters,

and does not

(

c) adversely affect the water supply or works of other persons who are diverting

water with lawful authority under the Act,

(

d) cause risk of significant harm to fish, wildlife or the aquatic ecosystem

of the stream, or

(

e) cause a significant risk of harm to public safety, the environment, land or

other property.

Section 39 (1) is amended

(

a) in paragraph (l) (ii) by striking out the second instance of “ erosion in the stream ” and substituting “ erosion of the stream channel ”, and

(

b) by adding the following paragraph:

(

x) the construction and maintenance of a dry hydrant in a stream if

(

i) the dry hydrant is designed by an engineering professional, and

(ii) the dry hydrant is constructed, maintained and used in a manner that does

not cause erosion of the stream channel or sedimentation in the stream.

Section 54 is amended in subsection (1) by adding the following paragraphs:

(

p) section 35.1 (c) [diversion and use of water for firefighting] ;

(

q) section 35.1 (d);

(

r) section 35.1 (e).

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