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2002 Legislative Session: 3rd Session, 37th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 10th day of

October, 2002

Ian D. Izard, Law Clerk

HONOURABLE COLIN HANSEN

MINISTER OF HEALTH SERVICES

BILL 61 – 2002

DRINKING WATER PROTECTION

AMENDMENT ACT, 2002

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 1 of the Drinking Water Protection Act, S.B.C. 2001,

c. 9, is amended

(

a) by repealing the

definitions of "designated environment official"

and "environment minister" ,

(

b) in the definition of "intake water" by striking out

"water supply system," and substituting "domestic water

system," ,

(

c) by repealing the definition of "medical health officer"

and substituting the following:

"medical health officer" means the medical health officer, as defined

in the Health Act, who has responsibility in relation to the matter;

, and

(

d) by repealing the definition of "Provincial drinking water

coordinators" .

Section 3 (3) is repealed and the following substituted:

(3) In determining the qualifications for appointments under subsection

(2), the minister must consult with the Provincial health officer.

Section 4 is repealed and the following substituted:

Guidelines

and directives respecting drinking water protection

(1) The minister may establish

(

a) guidelines that must be considered, and

(

b) directives that must be followed

by drinking water officers and other officials in exercising powers and performing

duties or functions under this Act and the Health Act in relation to

drinking water.

(2) The Provincial health officer must monitor compliance of drinking water

officers with guidelines and directives established under this section.

Annual

drinking water protection report

4.1

(1) The Provincial health officer must prepare and deliver to

the minister an annual report respecting activities under this Act for the

past year.

(2) After receiving an annual report under subsection (1),

(

a) the minister must promptly lay the report before the Legislative Assembly

if it is in session, or

(

b) if the Legislative Assembly is not in session, the minister must file

the report with the Clerk of the Legislative Assembly.

Reports

respecting problems related to Provincial government actions

4.2

(1) The Provincial health officer must report to the minister

on any situation that

(

a) in the opinion of the Provincial health officer, significantly impedes

the protection of public health in relation to drinking water, and

(

b) arises in relation to the actions or inaction of one or more ministries,

government corporations or other agents of the government.

(2) If the Provincial health officer makes a report under subsection

(1) and the situation cannot be resolved to the satisfaction of the Provincial

health officer, the minister must bring the situation to the attention of

the Executive Council.

Section 7 is amended by adding the following subsection:

(4.1) An issuing official may include in a construction permit terms and

conditions the official considers advisable respecting the construction, installation,

alteration or extension.

Section 20 (2) is repealed and the following substituted:

(2) In determining the directions to give for the purposes of subsection

(1), the drinking water officer must consult with the medical health officer.

Section 31 is repealed and the following substituted:

Order

designating area for planning process

(1) The minister may, by order made on the recommendation of the

Provincial health officer, designate an area for the purpose of developing

a drinking water protection plan for the area.

(2) The Provincial health officer may only recommend that an order be made

under this

section if

(

a) based on monitoring or assessment results, the Provincial health officer

is satisfied that a drinking water protection plan will assist in addressing

or preventing a threat to drinking water that the Provincial health officer

considers may result in a drinking water health hazard, and

(

b) no other practicable measures available under this Act are sufficient

to address or prevent the drinking water health hazard.

(3) The Provincial health officer must consider whether to make a recommendation

under this

section if requested by a drinking water officer.

(4) A local authority or water supplier may request a drinking water officer

to make a request under subsection (3).

Section 32 (1) is repealed and the following substituted:

(1) The minister may, by order, establish the process by which a proposed

drinking water protection plan for a designated area is to be developed.

Section 34 is repealed and the following substituted:

Approval

of drinking water protection plan

(1) After a proposed plan has been prepared, it must be submitted

to the minister, who must refer it to the Provincial health officer for review.

(2) After the review required by subsection (1), the minister must place

the proposed plan and the comments of the Provincial health officer before

the Lieutenant Governor in Council, who may approve all or part of the proposed

plan as a drinking water protection plan.

(3) If a drinking water protection plan is approved under subsection (2),

the minister must arrange for the plan to be made public.

9 The following

section is added:

Implementing

a plan: relationship with other planning processes

35.1

(1) For the purposes of implementing a drinking water protection

plan, the Lieutenant Governor in Council may, by regulation, do one or more

of the following:

(

a) require that other specified Provincial government or local authority

strategic or operational planning processes, or classes of such processes,

consider the drinking water protection plan;

(

b) require that the results of specified Provincial government or local

authority strategic or operational planning processes, or classes of such

processes, be consistent with the drinking water protection plan;

(

c) provide that specified Provincial government or local authority strategic

or operational plans, bylaws or other planning documents, or classes of

such plans, bylaws or other documents, do not have legal effect to the extent

of any inconsistency with the drinking water protection plan.

(2) A provision under subsection (1) (

c) applies despite any other enactment.

Section 39 is repealed and the following substituted:

Review and

amendment of plans

39 The minister may, by order made on the recommendation of the Provincial

health officer, direct that a current drinking water protection plan be reviewed

to determine whether amendments should be made, and this Part applies to the

review and to any amendment to the plan proposed by the review.

11 The following

section is added in

Part 6:

Reconsiderations

and reviews of drinking water officer decisions

39.1

(1) In this section, "decision" means a decision of a

drinking water officer under any of the following:

(

a) section 19 [drinking water officer authority in relation to assessments] ;

(

b) section 25 [hazard abatement and prevention orders] ;

(

c) section 26 [orders respecting contraventions] ;

(d)

section 31 (4) [request respecting plan initiation] ;

(

e) a decision resulting from a reconsideration under subsection (3) of

this section.

(2) Subject to the regulations, a person affected by a decision may

(

a) request a reconsideration of the decision under subsection (3), if

the person considers that there is sufficient new evidence for this purpose,

(

b) request a review of the decision under subsection (4).

(3) If a reconsideration is requested and the drinking water officer is

satisfied that there is sufficient new evidence respecting the matter to justify

a reconsideration, the drinking water officer may reconsider the matter and

may confirm, vary or reverse the initial decision.

(4) If a review is requested,

(

a) the review is to be conducted by the Provincial health officer or

a medical health officer designated by the Provincial health officer,

(

b) the review is to be a review based on the record,

(

c) the person conducting the review may require the applicant to give

notice of the review in accordance with the person's directions, and

(

d) the person conducting the review may

(

i) confirm, vary or reverse the initial decision, or

(ii) refer the matter back to the drinking water officer, with or without

directions.

Section 48 (3) is amended

(

a) by adding the following paragraph:

(h.1) restricting who may request reconsiderations or reviews under

section

39.1 [reconsiderations and reviews of drinking water officer decisions] ,

restricting what decisions may be reconsidered or reviewed and establishing

procedures, time limits, fees, evidentiary rules and other matters respecting

such reconsiderations and reviews; , and

(

b) by repealing paragraph (

i) and substituting the following:

(

i) providing for reconsiderations, reviews or appeals of orders and other

decisions under this Act, other than those referred to in

section 39.1, including

restricting who may request them and establishing procedures, time limits,

fees, evidentiary rules and other matters respecting them; .

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