Bill 45 — Second Session, 18Th Legislature, 25 Elizabeth Ii the Legislative Assembly of Alberta Bill 45 the Ground Water Control Amendment Act, 1976 (Legislature 18, Session 2)

L18 S2 5617

Alberta — Bills

1976 Bill 45 Second Session, 18th Legislature, 25 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 45 THE GROUND WATER CONTROL AMENDMENT ACT, 1976 MR. THOMPSON First Reading ..... Second Reading .. Third Reading ..... Printed bJ the Queen's Printer for the Province of Alberta, EDMONTON

Bill 45 Mr. Thompson BILL 45 1976 THE GROUND WATER -CON'TROt AMENDMENT ACT, 1976 (Assented to , 1976) HER MAJESTY, by and with the advice and cons'ent o~ the Legislative Assembly of Alberta, enacts as follows: 1. The Ground Water Control Act is hereby amended.

Section 2 is struck out and the following is substitu ted: 2. In this Act, (a) "ControUer" means the Controller of Water Re sources; (b) "Department" means the Department of the public service of Alberta over which the Minister presides; (c) "driller" means (

i) a person who is engaged or authorized by the licensee to undertake, or (ii) a licensee who personally undertakes, any drilling operation at a well or any operation preparatory or incidental to the drilling of a well' or the reconditioning or abandonment of a well; (d) "drilling" means the drilling, boring, driving or jetting of a well ; ( e) "drilling machine" means a machine, together wit~ attachm'ents, that is designed to be used or is used to drill a w-ell ; (f) "ground water" m'eans all water that exists beneath the land surface; (g) "licence" means a licence issued under this Act to drill wells; (h) "licensee" means a person who is the holder of a lieence; (i) "Minister" means the member of the Executiv~ Council charged with the administration of TM Water Resources Act;

Explanatory 'Notes I. This Bill will amend

chapter 162 of the Revised Statutes of ,bert a 1970. 2.

Definitions.

Section 2 presently reads: 2. In this Act, (a) "bore" means to bore, drill or dig into the ground; (b) "Department" means the Department of the Government over which the Minister presides; (c) "Director" means the Controller of Water Resources designated pursuant to The Water Resources Act; (d) "ground water" means all waters that exist beneath the land surface: (e) "Minister" means the Minister in charge of the administration of The Water Resources Act; (f) "operator" means a person who engages in boring operations at a well or undertakes any operation preparatory or incidental to the boring of a well or the reconditioning or abandonment of a well; (g) "owner" includes a person (

i) who is in possession of land, or (ii) who has the right to the immediate possession of land, as a lessee, sub-lessee or purchaser under an agreement for sale or as a licensee; (h) "regulations" means the regulations made pursuant to this Act; (i) "well" means a shaft made by boring, drilling or digging into the ground, and (

i) by means of which ground water is obtained, or (ii) which is made for the purpose of obtaining ground water.

(j) "owner" means (

i) a person regist'ered in a land titles office aJ the owner of an estate in fee simple or a lifl estate in land, (ii) a purchaser of land whos'e interest as a pur chaser is shown on the certificate of title t! that land, and (iii) a tenant or any other person who is in lawfu possession or occupation of land; (k) "permit" means a permit issued under this Act h operate a drilling machine; 0) "w'ell" means an orifice in the ground compl'eted being drilled or being used (

i) for the production of ground water for an) purpose referred to in The Water Resource! Act, or (ii) for the purpose of obtaining data on groun( water, or (iii) for recharging with water an undergroun( formation from which ground water can hi recovered.

Section 4- is struck out and the following sections arl substituted 4. No person shall drill a well unless (

a) he is the holder of a subsisting licence and drills thl well with a drilling machine in respect of which! permit has been rissued, or (

b) he is the owner of the land on which the well is u be located and he drills the well with a drillin! machine owned by him. 4.1,

(1) The Controller may issue a licence to an appli· oant to drill wells.

(2) A licence is valid for a term of one year from its date of issue or such longer term as may be prescribed by the Controller on the licence.

(3) A licence may be renewed for further periods nol exceeding one year each.

(4) A licence is subject to such terms and conditions Wi may be prescribed thereon pursuant to the regulations Of, in the absence of regulations, by the Controller.

(5) A licence is not transferable. 4.2

(1) The Controller may issue a permit for eac~ ground water well drilling machine 'Owned by a licensee. 2

13. The new sections 4 to 4.5 incorporate requirements and pro dures for annual licences to drill wells, and for permits for drill .g equipment. Power is given to suspend or cancel licences. A 'ocedure for the review of a refusal to issue licences or permits ld for a suspension or cancellation of licences is provided.

Section :presently reads: 4. No person shall commence a well on lands of which he is not the owner unless he is the holder of a subsisting annual permit from the Director entitling him to bore a well thereon. 2

(2) A permit is valid for a term of one year from its date of issue or such longer term as may be prescribed by the Controller on the permit.

(3) A permit may be renewed for further periods not exceeding one year each.

(4) A permit is subject to such terms and conditions as may he prescribed thereon pursuant to the regulations or in the absence of regulations, by the Controller. '

(5) A permit is not transferable. 4.3

(1) A licensee shall produce his licence upon de mand being made therefor at his normal place of business by a peace officer, the Controller or an authoriz'ed repre sentative of the Controller.

(2) The holder of a permit shall keep the permit with the drilling machine to which it relates.

(3) The driller shall produce the permit for a drilling machine being used by him upon demand being made there for at the well site by a peace officer, the Controller or an authorized representative of the Controller. 4.4 Where the Controller is of the opinion, based upon such evidence as he considers adequate, that a licensee is failing or has failed to comply with any term or condition of his licence, or is contravening or has contravened any provision of this Act or the regulations, he may, by order in writing served on the lieensee, suspend or cancel the licence. 4.5

(1) Where the Controller has (

a) refused to issue a licenee or permit to an applicant therefor, or (

b) suspended or cancelled a licence, the applicant or the person whose licence has been suspen ded or cancelled may apply to the Minister for a review of the refusal or suspension or cancellation.

(2) Where the Minister receives a request for a review pursuant to subsection (1) he shall (

a) appoint one or more persons as a board of review, (

b) fix the rate of remuneration and provide for pay ment of travelling and other expenses to members of the board of review, and (

c) prescribe the time within which the board shall hold a hearing and render a decision.

(3) Upon concluding its hearing under subsection (2), the board of review may 3

(

a) in the cas'e of a refusal to issue a licence or permit (

i) uphold the refusal, or , (ii) direct the Controller to issue the licence or permit, and (

b) in the case of a cancellation or suspension of a licence, (

i) revoke the suspension, or (ii) vary the suspension to such period as they may direct, or (iii) reinstate the licence.

Section 5 is struck out and the following

section is substituted: 5.

(1) The Controller, an authorized representative of the Controller or an employee of the Department may enter upon any }and in Alberta and is entitled to access to all wells and all records, plant and equipment relating thereto,

(2) Every driller and owner of a well shall permit the Controller, an authorized representative of the Controller or an employee of the Department (

a) to inspect the operations of a well, (

b) to inspect the records of the operations and inspect the plant and equipment, and (

c) to take samples or carry out any test or examina· tion that is. directed by that person.

Section 6 is amended (

a) by striking out subsection (1) and by substituting the following subsection: 6.

(1) If at any time a flow of water from a well is not controlled, the Controller, an authorized representative of the Controller or ,an employee of the Department may enter upon the lands from which the water is flowing and conduct such oper· ations to control the flow of water as appear to him to be necessary or expedient in the public interest. (

b) as to subsections (

Z) and (3) by striking out the word "Minister" and by substituting the word "Controller" , (

c) by adding the following subsection after subsection (3) : ( 4) N otwi thstanding su bsections (2) and (3), the Minister may in his discretion pay all or part of the costs of or incidental to anything done under subsection (1). 4

4. These amendments substitute "Controller" for Director and !parate the present

section into two subsections for easier read Lg.

Section 5 presently reads: 5. ,!he Ditecto~ or any agent or employee of the Director may enter upon any land ill the ProvInce, and has access to all wells, records, plant and equipment, and every operator and owner of a well shall permit the Director, his agent or employee (

a) to inspect the operations of a well, (

b) to inspect the records of the operations and inspect the plant and equip ment, and (

c) to take samples or carry out any test or examination that the Director, his agent or employee desires to make. 5. The

section is amended to conform with the amendments in ections 5 and 8 and to enable the Government to pay for water v-ell control in cases where the person who would otherwise be esponsible does not have the means, or cannot be found.

Section I. presently reads: 6.

(1) If at any time a flow of water from a well is not controlled, the Director or his agents or employees, with the approval of the Minister, may enter upon the lands from which the water is flowing and conduct such operations to control the flow of water as appear to the Director to be necessary or expedient in the public interest.

(2) When any operations are conducted under subsection (1), the Minister may determine (

a) the cost of the operations to control the flow of water, (

b) the person or persons who are responsible for the flow of water, and (

c) the person or persons who are liable for the costs of the operation to control the flow of water.

(3) The person or persons determined by the Minister to be responsible for the costs of the operations to control the flow of water shall pay the costs to the Minister and in default of payment the costs may be recovered in any court of competent jurisdiction. 4

Section 7 is amended by adding after the word "times" the words "and the driller during the drilling of a well",

Section 8 is struck out and the following

section is substituted: 8. No action or proce'eding lies against the Controller h'is authorized representative lor an employee of the Depar~ ment for any matter or thing done by them in pursuance of or in purported pursuance of any of the provisions of this Act or the regulations.

Section 9 is struck out and the following

section is substituted: 9. A person who contravenes a provision of this Act or of the regulations is guilty of an offence and liable on sum mary conviction (

a) to a fine of not more than $500, or (

b) where the offence continues for more than one day, to a fine of not more than $500 for each day that the offence continues.

Section 10 is struck out and the following

section is substituted: 1.0. The Lieutenant Governor in Council may make reg ulations (

a) respecting the methods of drilling wells and of determining and developing sources of ground water and the precautions and measures to be taken before a well is commenced and during the drilling and development of a well; (

b) prescribing the qualifications for ddllers and for lapplicants for licences or permits, the information to be included in the application, the procedure to be followed by applicants, and the terms and con ditions to be prescribed on licences and permits; (

c) requiring licensees to deposit with the Provincial Treasurer money or such other security as may be required to guarantee the proper drilling, control ling, completion, suspension or abandonment of wells and governing the return in whole or in part or the forfeiture of that money or other s'ecurity; (

d) requiring and governing the taking of samples, tests, analyses, surveys and logs and the submission of samples, test results, analyses, surveys, logs and other well data to the Controller; 5

6. This

section broadens responsibility for a well to include the driller during drilling operations.

Section 7 presently reads: 7. The owner of a well at all times shall take such precautions as are necessary for the safety of persons, livestock and other property and for the prevention of damage by reason of the presence or escape of water. 7. This amendment changes the reference to Director and amends the wording consistent with preceeding amendments. Sec tion 8 presently reads: 8. No action or proceeding lies against the Director or his agents or employees for any matter or thing done by them in pursuance of or in purported pursuance of any of the provisions of this Act or the regulations.

Section 9 presently reads: 9. A ~rson who violates a provision of this Act or of the regulations or an order of the Minister is guilty of an offence and liable on

summary conviction to a fine of not more than one hullidred dollars for each offence. 9. Regulatory powers are extended to provide better control over drilling and to obtain complete data on ground water wells. S,ection 10 presently reads: 10. The Lieutenant Governor in Council may make regulations (

a) respecting the methods of boring wells and of determining and developing sources of ground water and the precautions and measures to be taken during boring and development operations of wells, (

b) prescribing the procedure and the conditions under which an operator can obtain a permit, the fee to be paid and the information to be supplied by an applicant for a permit, (

c) requiring the furnishing of reports, returns, geological and other informa tion and specimens and samples, (

d) requiring the provision of proper anchorage, casing and cementation of well casings, (

e) prescribing the specifications of casing and other materials in wells, (

f) requiring the reporting of dry or insufficiently productive wells, (

g) prescribing the abandonment of wells and the methods and requirements to be observed in abandonment operations, (

h) respecting the control and utilization of the flow of water from a well or other source of ground water, and (

i) respecting (

i) any other matter incidental to the conservation, development and control of ground water, and (li) the boring and management of wells and production therefrom. 5

('

e) prescribing the records to be kept, the form there. of, the person by whom and the place at which they are to be kept, the length of time they are to be kept and requiring their submission to the Control. ler or providing for their inspection by him; (

f) prescribing the reports to be made, the person reo quired to make them, the person to whom they are to be made, the time for making them and their contents; (

g) specifying which records, reports and information submitted to or required by the Controller under this Act or the regulations shall be confidential and the conditions under which their contents may be disclosed; (

h) governing official well names and their registra tion; (

i) requiring that written notification shall be sent to the Controller before the drilling of any well or class of well is comm'enced; (

j) establishing a

schedule of fees (

i) for applications under this Act or the regula· tions, (ii) for any maps, 'reports, documents or other records in the custo.dy of the Controller, and (iii) for any other serviees provided by the Con troller; (

k) prescribing forms to be used under this Act or the regulations; (1) prescribing the casing, anchorage, 'equipment, materials and installations to. be used in the drill ing, completion, operation, reconditioning, and pro· ductio.n of wells; (

m) prohibiting drilling through water, oil, gas, coal or o.ther mineI'lals unless adequate measures are taken to Iconfine the water, oil, gas or .other mineral to its original stratum and to protect such stratum or any coal seam or other mineral deposit or any work lings ,therein from infiltrati.on, inundation, migra tion or inj ury, and prescribing the nature and extent of such measures; (

n) governing the abandonment of wells and the meth ods and requirements to be observed in abandon ment operatio.ns; (0) governing the control and utilization of the flow o.f water from a well or other source of ground water. 10. This Act comes into force on the day upon which it is assented to. 6 Title: 1976 (18th, 2nd) Bill 45, The Ground Water Control Amendment Act, 1976

Document details

Collection	Alberta — Bills
Citation	L18 S2 5617
Type	bill
Volume / chapter	L18 S2 5617
Language	en
Format	json
Source	PROVINCIAL
Identifier	5e8d8a001d87e3e1584eea794d8fe335ace657af

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