Bill 41 — F Ourth Session, 23Rd Legislature, 45 Elizabeth Ii the Legisla Tive A Ssembly of A Lberta Bill 41 Water Act (Legislature 23, Session 4)

L23 S4 1163

Alberta — Bills

1996 BILL 41 F ourth Session, 23rd Legislature, 45 Elizabeth II THE LEGISLA TIVE A SSEMBLY OF A LBERTA BILL 41 WATER ACT THE MINISTER OF ENVIRONMENTA L PROTECTION F irst Reading Second Reading Committee of the Whole Third Reading Royal A ssent

Bill 41 BILL 41 1996 WATER ACT (Assented to , 1996) Table of Contents

Interpretation 1 Purpose of A ct 2 Water vested in Crown 3 Crown is bound 4

Part 1 Consultation Referral if EPEA applicable 5 A greements 6

Part 2 Planning and Environmental A ssessment D ivision 1 Planning Provincial planning framework 7 A quatic environment protection strategy 8 Water management plans 9 Water management planning areas 10 A pproved water management plans 11 A mend, cancel approved plan 12 Notice of approved plan 13 Water guidelines 14 Water conservation objectives 15 D ivision 2 Environmental A ssessment Process Environmental assessment requirements 16 Ministerial orders 17 1

Part 3 Right to D ivert and Priority of Rights D ivision 1 Right to D ivert Water Existing diversion rights 18 Exempted agriculture user 19 A ctivities continued 20 Household purposes 21 Riparian owner or occupant 22 Household diversions 23 Traditional agriculture user 24 Combined diversions 25 D iversion under approval or licence 26 D ivision 2 Priority of Rights Priority of household user 27 Registration priority numbers 28 Licence priority numbers 29 Priorities 30 Works limit diversion right 31 D ivision 3 A dministering Priority of Rights A dministering priorities 32 A greements to assign water 33

Part 4 A pprovals, Licences, Preliminary Certificates, Registrations A pprovals, licences, transfers, registrations not available 34 Crown reservation 35 D ivision 1 A pprovals A pproval required 36 A pplication 37 Issuance of approvals 38 A pproval required onsite 39 Certificate of completion 40 Extensions 41 A pproval amendments 42 Suspension, cancellation 43 Security 44 A pprovals run with land, undertakings 45 2

D ivision 2 Licences No licences to transfer water outside Canada 46 No transfer between basins 47 Public review 48 Licence required 49 A pplication 50 Issuance of licences, preliminary certificates 51 Using works of another 52 Licence applications not accepted 53 A mendments 54 Suspension, cancellation 55 A malgamation of licences 56 Security 57 Licences run with land 58 Licence renewal application 59 Renewal may issue 60 Public review of renewal 61 Temporary D iversion Licence A pplication 62 Issuance of temporary diversion licence 63 A mendment, suspension, cancellation 64 Licence to be onsite 65 D ivision 3 Preliminary Certificates Issuance of preliminary certificates 66 Certificate of completion 67 Licence issues 68 Preliminary certificate extension 69 Preliminary certificate amendment 70 Preliminary certificate cancellation 71 Runs with land 72 D ivision 4 Registration A pplication 73 Registration effected 74 Registration runs with land 75 A ppeal 76 A mendments 77 Suspension, cancellation 78 D ivision 5 Natural F low D eclaration Natural flow declaration 79 3

Part 5 Changes in Ownership, Transfers D ivision 1 Changes in Ownership Land, undertaking dispositions 80 D ivision 2 Transferring Water A llocations Transfer application 81 Transfer approved, licence issues 82 Water conservation holdback 83

Part 6 Water Management Works and Undertakings Construction and operation by Minister 84 Undertaking construction 85 Public Works A ct applicable 86 Tenders 87 Withdrawal of tender 88 A cquisitions and takeovers by Minister 89 D isposal of works or undertaking 90 Repossession and resumption of operation 91 Use of land administered by Minister 92

Part 7 Remedial Measures D ivision 1 Resolution of D isputes, Removal of Works D ispute resolution 93 Mediation 94 Removal of works and obstructions 95 F lood risk areas 96 D ivision 2 Water Management Orders Order issues 97 Order by inspector 98 Terms of order 99 Responsibility to carry out orders 100 A mendment and cancellation of orders 101 Court order for compliance 102 D irector may carry out order 103 Order where person unidentifiable 104 4

D ivision 3 Emergencies Emergency measures 105 Recovery of costs 106 D eclaring an emergency 107

Part 8 Notice Notice of applications 108 Statement of concern 109 Notice of D irector’s decision 110, 111 Notice of exemptions 112 Notice of Minister’s decision 113

Part 9 A ppeals A ppeal to Board 114 Notice of objection 115 Submission of notice of objection 116 No damages, no compensation 117

Part 10 Inquiry and Enforcement Orders D ivision 1 Inspection Inspector identification 118 Right of entry by inspector and authorized persons 119 Inspections 120 Production of documents 121 Seizure without warrant 122 A ssistance to inspectors, persons 123 Interference 124 Order to enter and inspect 125 A ssistance by peace officer 126 D ivision 2 Investigations Investigator identification 127 Right of entry by investigator 128 Investigations 129 Interference 130 A ssistance to investigators 131 Tele-warrants 132 Seizure without warrant 133 D uty to stop a vehicle or vessel 134 5

D ivision 3 Enforcement Orders Issuing an enforcement order 135 Terms of an order 136 A mendment, cancellation of order 137 Court order for compliance 138 D irector may carry out order 139 Responsibility to carry out orders 140

Part 11 Offences, Penalties and Related Matters Limitation period 141 Offences 142 Penalties 143 A dditional fine if monetary benefits acquired 144 Continuing offences 145 Liability of directors, officers and agents 146 Liability of public officials 147 Court orders relating to penalty 148 Variation of court orders 149 D isposal of things seized 150 Recovery of costs by Government 151 A dministrative penalties 152

Part 12 Civil Matters Other civil remedies not affected 153 Injunction re commission of offence 154 Injunction re loss or damage 155 Vicarious responsibility 156 Liability exemption 157 Compensation 158 Expropriation of land, works 159

Part 13 Miscellaneous Matters D ocuments as evidence 160 Notice of analyst’s certificate 161 Inspector’s report 162 D esignation of officials 163 Water management areas 164 F und 165 Giving notice 166 Providing information 167 F ees 168 Regulations 169 6

Part 14 Transitional, Consequential, Repeal and Commencement Transitional regulations 170 A pplications 171 A lberta Regulation 307/91 continued 172 Reservations continued 173 Water Power Regulation 174 Consequential amendments 175 Repeal 176 Coming into force 177 HER MA JESTY, by and with the advice and consent of the Legislative A ssembly of A lberta, enacts as follows: In te rp re ta tio n 1(1) In this A ct, (a) “abandon” means, with respect to a water well, to leave unattended or not to maintain for future use; (b) “activity” means (

i) placing, constructing, operating, maintaining, removing or disturbing works, maintaining, removing or disturbing ground, vegetation or other material, or carrying out any undertaking, including but not limited to groundwater exploration, in or on any land, water or water body, that (

A) alters, may alter or may become capable of altering the flow or level of water, whether temporarily or permanently, including but not limited to water in a water body, by any means, including drainage, (

B) changes, may change or may become capable of changing the location of water or the direction of flow of water, including water in a water body, by drainage or otherwise, (

C) causes, may cause or may become capable of causing the siltation of water or the erosion of any bed or shore of a water body, or (

D) causes, may cause or may become capable of causing an effect on the aquatic environment; 7

(ii) altering the flow, direction of flow or level of water or changing the location of water for the purposes of removing an ice jam, drainage, flood control, erosion control or channel realignment or for a similar purpose; (iii) drilling or reclaiming a water well or borehole; (iv) anything defined as an activity in the regulations for the purposes of this A ct but does not include an activity described in subclause (

i) or (ii) that is conducted by a licensee in a works that is owned by the licensee, unless specified in the regulations; (c) “adverse effect” means impairment of or damage to; (d) “allocation” means the volume, rate and timing of a diversion of water; (e) “amend” includes to change, add to or delete from; (f) “approval” means an approval issued under this A ct and a deemed approval under this A ct; (g) “approved water management plan” means a water management plan that is approved under

Part 2; (h) “aquatic environment” means the components of the earth related to, living in or located in or on water or the beds or shores of a water body, including but not limited to (

i) all organic and inorganic matter, and (ii) living organisms and their habitat, including fish habitat, and their interacting natural systems; (i) “aquifer” means an underground water-bearing formation that is capable of yielding water; (j) “conservation” includes but is not limited to (

i) improved efficiency, recycling, reuse or reduction of wastage or losses, (ii) preservation, and (iii) protection; 8

(k) “D epartment” means the department of the Government over which the Minister presides; (l) “D irector” means an individual designated as a D irector for the purposes of all or part of this A ct by the Minister under

Part 13; (m) “disposition” means with respect to land or an undertaking, a demise, devise, alienation, transfer or other disposition of the land or undertaking; (n) “diversion of water” means (

i) the impoundment, storage, consumption, taking or removal of water for any purpose, except the taking or removal for the sole purpose of removing an ice jam, drainage, flood control, erosion control or channel realignment, and (ii) any other thing defined as a diversion in the regulations for the purposes of this A ct; (o) “document” includes but is not limited to a book, sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account and any other information that is recorded or stored by any means; (p) “drill” means to drill, bore or otherwise make, construct, extend, alter or recondition; (q) “driller” means a person who is authorized under this A ct to drill or reclaim a water well; (r) “drilling machine” means a machine that is designed to be used or is used to drill a water well; (s) “environment” means the components of the earth and includes (

i) air, land and water, (ii) all layers of the atmosphere, and (iii) all organic and inorganic matter and living organisms, and the interacting natural systems that include components referred to in subclauses (

i) to (iii); 9

(t) “Environmental A ppeal Board” means the Environmental A ppeal Board established under

Part 3 of the Environmental Protection and Enhancement Act; (u) “farm unit” means farm unit as defined in the regulations for the purposes of this A ct; (v) “give notice” means to give or serve written notice in accordance with

section 166; (w) “groundwater” means all water under the surface of the ground whether in liquid or solid state; (x) “household” means a household as defined in the regulations for the purposes of this A ct; (y) “household purposes” means the use of a maximum of 1250 cubic metres of water per year per household for the purposes of human consumption, sanitation, fire prevention and watering animals, gardens, lawns and trees; (z) “household user” means a person who is entitled to divert water for household purposes, as described in

section 21; (aa) “inactive water well” means a water well that is not currently being used but is being maintained for future use; (bb) “inspector” means an individual who has been designated as an inspector under

Part 13; (cc) “investigator” means an individual who has been designated as an investigator under

Part 13; (dd) “irrigation district” means an irrigation district as defined in the Irrigation Act; (ee) “licence” means a licence issued under this A ct and includes a renewed licence and a deemed licence under this A ct; (ff) “local authority” means (

i) the corporation of a city, town, village, summer village, municipal district or specialized municipality, (ii) in the case of a special area, the Minister of Municipal A ffairs or the Special A reas Board, 10

(iii) in the case of an improvement district, the Minister of Municipal A ffairs or the council of the improvement district, (iv) a settlement under the M etis Settlements Act, (

v) a regional services commission established under the M unicipal Government Act, (vi) the board of directors of an irrigation district within the meaning of the Irrigation Act, (vii) the board of trustees of a drainage district within the meaning of the Drainage Districts Act, (viii) the regional health authority under the Regional Health Authorities Act, and (ix) any other entity defined as a local authority in the regulations for the purposes of this A ct; (gg) “major river basin” means (

i) the Peace/Slave River Basin, (ii) the A thabasca River Basin, (iii) the North Saskatchewan River Basin, (iv) the South Saskatchewan River Basin, (

v) the Milk River Basin, (vi) the Beaver River Basin, and (vii) the Hay River Basin, with boundaries as specified in the regulations; (hh) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this A ct; (ii) “operation of a works” means the operation of a works for the diversion of water; (jj) “parcel of land” means (

i) the aggregate of one or more areas of land, as defined in the Land Titles Act, described in a 11

certificate of title or by reference to a plan filed or registered in a land titles office, and (ii) an area of unpatented land considered appropriate by the D irector; (kk) “peace officer” means a peace officer as defined in the Police Act; (ll) “person responsible” means a person responsible within the meaning of the regulations; (mm) “pesticide” means (

i) a substance that is intended, sold or represented for use in preventing, destroying, repelling or mitigating any insect, nematode, rodent, predatory animal, parasite, bacteria, fungus, weed or other form of plant or animal life or virus except a virus, parasite, bacteria or fungus in living people or animals, (ii) any substance that is a pest control product within the meaning of the Pest Control Products Act (Canada) or is intended for use as such a pest control product, (iii) any substance that is a plant growth regulator, a defoliant or a plant desiccant, (iv) a fertilizer within the meaning of the Fertilizers Act (Canada) that contains a substance referred to in subclause (i), (ii) or (iii), and (

v) any other substance designated as a pesticide in the Environmental Protection and Enhancement Act or regulations made under that A ct, but does not include a substance that is intended, sold or represented for use in potable water to prevent or destroy bacteria, parasites or viruses if the substance is not a pest control product within the meaning of the Pest Control Products Act (Canada); (nn) place includes but is not limited to any land, water, water body, building, structure, machine, aircraft, vehicle or vessel, whether above or below the ground; (oo) “predecessor A ct” means the W ater Resources Act, RSA 1980 cW-5, Irrigation Act (Canada), R.S.C. 1927 c104, Dominion Lands Act (Canada), R.S.C. 1927 c113 or Dominion Water Power Act (Canada), R.S.C. 1927 c210; 12

(pp) “preliminary certificate” means a preliminary certificate issued under

Part 4 and anything deemed to be a preliminary certificate under this A ct; (qq) “priority number” means (

i) with respect to a licence issued under this A ct or a registration effected under this A ct, the number that has been assigned to that licence or registration in accordance with this A ct, and (ii) with respect to an authority or licence under a predecessor A ct that is a deemed licence under this A ct, the number described in

Part 3; (rr) “private dwelling place” means a place or part of a place that is used as a permanent or temporary dwelling place; (ss) “problem water well” means a problem water well as defined in the regulations for the purposes of this A ct; (tt) “proponent” means a person, a local authority, the Government, a Government agency, a government of another jurisdiction or an agency of that government that undertakes (

i) a proposed activity, (ii) a proposed diversion of water, or (iii) a proposed operation of works for the diversion of water; (uu) “proposed activity” means (

i) a planned activity that has not been commenced, (ii) an activity that is being carried on and for which an approval is required but has not been obtained, or (iii) a change to an activity if the change (

A) is one to which

section 42(1) applies, (

B) is one to which

section 42(4) or (5) does not apply, and (

C) is, in the opinion of the D irector, of a substantial nature; (vv) “proposed diversion of water” means 13

(

i) a planned diversion of water that has not been commenced, (ii) a diversion of water that is being carried on and for which a licence, other than a renewal, is required but has not been obtained, or (iii) a change to a diversion of water if the change (

A) is one to which

section 54(1) and (2) apply, (

B) is one to which

section 54(4) or (5) does not apply, and (

C) is, in the opinion of the D irector, of a substantial nature; (ww) “proposed operation of a works for the diversion of water” means (

i) a planned operation of a works that has not been commenced, (ii) an operation of a works that is being carried on and for which a licence, other than a renewal, is required but has not been obtained, or (iii) a change to an operation of a works if the change (

A) is one to which

section 54(1) and (2) apply, (

B) is one to which

section 54(4) or (5) does not apply, and (

C) is, in the opinion of the D irector, of a substantial nature; (xx) “reclamation” means reclamation as defined in the regulations for the purposes of this A ct; (yy) “recondition” means to flush, clean, recase, reline, rescreen or redevelop an existing water well by a machine to improve the water production or quality of water produced by the water well; (zz) “registrant” means a person who holds a registration; (aaa) “registration” means a registration effected under this A ct; (bbb) “search warrant” means a search warrant pursuant to the Provincial Offences Procedure Act; 14

(ccc) “statement of concern” means a statement of concern made under

Part 8; (ddd) “traditional agriculture user” means a person who is entitled to divert water pursuant to

section 24; (eee) “undertaking” means a project that is established, proposed to be established, required to be established or carried on pursuant to this A ct by any person and that is related to (

i) an activity, diversion of water or operation of a works, and (ii) anything that is defined as an undertaking in the regulations for the purposes of this A ct; (fff) “vehicle” means a device in, on or by which a person or thing may be transported or drawn; (ggg) “water” means all water on or under the surface of the ground, whether in liquid or solid state; (hhh) “water body” means any location where water flows or is present, whether or not the flow or the presence of water is continuous, intermittent or occurs only during a flood, and includes but is not limited to wetlands and aquifers but does not include except for clause (nn) and

section 99 “water body” that is part of an irrigation works if the irrigation works is subject to a licence and the irrigation works is owned by the licensee, unless the regulations specify that the location is included in the definition of water body; (iii) “water conservation objective” means the amount and quality of water established by the D irector under

Part 2, based on information available to the D irector, to be necessary for the (

i) protection of a natural water body or its aquatic environment, or any part of them, (ii) protection of tourism, recreational, transportation or waste assimilation uses of water, or (iii) management of fish or wildlife, and may include water necessary for the rate of flow of water or water level requirements; (jjj) “water guideline” means a water guideline established by the Minister under

Part 2; 15

(kkk) “water management plan” means a plan with respect to conservation and management of water developed under

Part 2; (lll) “water well” means an opening in the ground, whether drilled or altered from its natural state, that is used for (

i) the production of groundwater for any purpose, (ii) obtaining data on groundwater, or (iii) recharging an underground formation from which groundwater can be recovered, and includes any related equipment, buildings, structures and appurtenances; (mmm) “water-power development” means the works required for the storage or diversion of water for the production of power; (nnn) “works” means any man-made structure, device or contrivance, or part of it, including a man-made dam and canal, and (

i) land associated with it, and (ii) mitigative measures associated with it, and includes anything that is defined as a works in the regulations for the purposes of this A ct.

(2) In this A ct, a reference to “this A ct” includes the regulations made under this A ct. P u rp o se o f A ct 2 The purpose of this A ct is to support and promote the conservation and management of water, including the wise allocation and use of water, while recognizing (

a) the need to manage and conserve water resources to sustain our environment and to ensure a healthy environment and high quality of life in the present and the future; (

b) the need for A lberta’s economic growth and prosperity; (

c) the need for an integrated approach and comprehensive, flexible administration and management systems based on sound planning, regulatory actions and market forces; 16

(

d) the shared responsibility of all residents of A lberta for the conservation and wise use of water and their role in providing advice with respect to water management planning and decision-making; (

e) the importance of working co-operatively with the governments of other jurisdictions with respect to trans-boundary water management; (

f) the important role of comprehensive and responsive action in administering this A ct. W a te r vested in C row n 3(1) In this section, “use” includes but is not limited to use for the purposes of drainage, flood control, erosion control and channel realignment.

(2) The property in and the right to the diversion and use of all water in the Province is vested in Her Majesty in right of A lberta except as provided for in the regulations. C row n is bound 4 The Crown is bound by this A ct.

PART 1 CONSULTATION R eferral if E P E A applicable 5(1) If the D irector is of the opinion that an activity, diversion of water or operation of a works requires an approval under the Environmental Protection and Enhancement Act, the D irector (

a) must refer the activity, diversion of water or operation of a works for review, and (

b) may make any recommendations that the D irector considers appropriate, to a D irector under the Environmental Protection and Enhancement Act.

(2) A referral may be made under subsection (1) whether or not (

a) an approval has been or may be issued, (

b) a preliminary certificate or licence has been or may be issued, or a registration has been effected, with respect to the diversion of water or the operation of a works, or 17

(

c) a term or condition of a preliminary certificate or licence applies to the diversion of water or the operation of a works. A greem ents 6 Subject to the Government Organization Act, the Minister may enter into agreements containing any terms and conditions, including but not limited to provisions for sharing of costs, with (

a) a person, (

b) a local authority, (

c) a Government agency, or (

d) the government or a government agency of another jurisdiction, with respect to (

e) any matter pertaining to the conservation and management of water, including but not limited to the supply and control of water, (

f) water-power development, (

g) the use, operation, maintenance, repair, control, replacement or removal of works, (

h) flood control and management, (

i) trans-boundary water, and (

j) any other matter related to the administration of this A ct.

PART 2 PLANNING AND ENVIRONMENTAL ASSESSMENT Division 1 Planning P ro vin cia l p la n n in g fra m e w o rk 7(1) The Minister must establish a framework for water management planning for the Province within 3 years after the coming into force of this A ct.

(2) The framework for water management planning must include a strategy for the protection of the aquatic environment, as described in

section 8, and may include 18

(

a) water management principles, (

b) the geographical limits or boundaries within which water management planning is to be carried out in the Province, including limits or boundaries for the development of strategic and operational plans, (

c) criteria for establishing the order in which water management plans are to be developed, (

d) an outline of the processes for developing, implementing, reviewing and revising water management plans, including opportunities for local and regional involvement, (

e) matters relating to integration of water management planning with land and other resources, and (

f) matters relating to the development of water conservation objectives.

(3) The Minister must, in a form and manner that the Minister considers appropriate, consult with the public during the development of the framework for water management planning. A quatic e n viro n m e n t protection strategy 8(1) In this section, “biological diversity” means the variability among living organisms and the ecological complexes of which they are a part, and includes diversity within and between species and ecosystems.

(2) The Minister must establish a strategy for the protection of the aquatic environment as part of the framework for water management planning for the Province.

(3) The strategy referred to in subsection (2) may include (

a) identification of criteria to determine the order in which water bodies or classes of water bodies are to be dealt with, (

b) guidelines for establishing water conservation objectives, (

c) matters relating to the protection of biological diversity, and (

d) guidelines and mechanisms for implementing the strategy.

(4) The Minister must, in a form and manner that the Minister considers appropriate, consult with the public during the development of the strategy. 19

W ater m anagem ent plans 9(1) The Minister may require a water management plan to be developed by the D irector or another person.

(2) The D irector or other person developing a water management plan (

a) may adopt an integrated approach to planning with respect to water, land and other resources; (

b) may co-operate with (

i) any persons, (ii) local authorities, (iii) Government agencies and other Government departments, and (iv) the governments and government agencies of other jurisdictions; (

c) may, with the consent of the Minister, carry out any studies that the D irector or other person considers appropriate; (

d) may consider any information, documents or other water and land management plans; (

e) must follow the framework for water management planning established under this D ivision; (

f) must engage in public consultation that the Minister considers appropriate during the development of the water management plan. W ater m a n a g e m e n t p la n n in g areas 10 The Minister may establish water management planning areas for the purpose of developing or implementing a water management plan or approved water management plan. A pproved w ater m a n a g e m e n t plan s 11(1) The Lieutenant Governor in Council may approve a water management plan or part of a water management plan, subject to any terms and conditions that the Lieutenant Governor in Council considers appropriate.

(2) Notwithstanding subsection (1), the Lieutenant Governor in Council may authorize the Minister to approve a water management plan or part of a water management plan with respect to an area of the Province, subject to the conditions that the Minister considers appropriate. 20

(3) A water management plan that has been approved under this

section is an approved water management plan and (

a) must include (

i) a

summary of the issues considered in the water management plan, (ii) a description of the area of the Province to which all or part of the water management plan applies, (iii) a

summary of the recommendations of the Minister, and (iv) the matters or factors that must be considered in deciding whether (

A) to issue an approval, preliminary certificate or licence or effect a registration, or (

B) to approve a transfer of an allocation of water under a licence, in the area of the Province to which the approved water management plan applies, and (

b) may include (

i) the number of households permitted on a parcel of land for the purposes of

section 21, (ii) authorization of the ability to transfer an allocation of water under a licence, (iii) authorization of the ability to withhold water under

section 83, and (iv) a provision on the maximum amount of water that may be diverted under a registration.

(4) The Regulations Act does not apply to an approval of a water management plan under this

section or to an amendment of an approved water management plan or its cancellation under

section 12. A m e n d , cancel approved plan 12(1) The Lieutenant Governor in Council may amend an approved water management plan or cancel the approval of an approved water management plan. 21

(2) Notwithstanding subsection (1), the Lieutenant Governor in Council may authorize the Minister to amend an approved water management plan or cancel the approval of an approved water management plan.

(3) Notwithstanding subsections (1) and (2), the D irector may amend an approved water management plan in order to (

a) correct a clerical error, or (

b) make minor amendments that, in the opinion of the D irector, do not affect the substance of the approved water management plan.

(4) If the approval of an approved water management plan has been cancelled, the D irector is not required to consider the cancelled plan when making decisions under this A ct. N otice of a p p ro ve d p la n 13 The D irector must provide notice, in accordance with the regulations, of (

a) the approval of a water management plan, (

b) the amendment of an approved water management plan by the Minister, and (

c) the cancellation of an approval of an approved water management plan. W ater g u id e lin e s 14(1) The Minister may establish water guidelines.

(2) The Regulations Act does not apply to water guidelines. W a te r conservation o b je ctive s 15(1) The D irector may establish water conservation objectives.

(2) The D irector must engage in public consultation that the D irector considers appropriate during the establishment of a water conservation objective.

(3) Information on a water conservation objective established by the D irector must be made available to the public in a form and manner satisfactory to the D irector. 22

Division 2 Environmental Assessment Process E nvironm ental assessm ent requirem ents 16(1) Unless the regulations provide otherwise, the D irector may not issue or amend an approval, preliminary certificate or licence or approve a transfer of an allocation of water under a licence if the D irector is of the opinion that

Part 2, D ivision 1 of the Environmental Protection and Enhancement Act, if applicable, has not been complied with.

(2) Notwithstanding subsection (1), the D irector may issue an approval, preliminary certificate or licence to enable a proponent to comply with

Part 2, D ivision 1 of the Environmental Protection and Enhancement Act. M inisterial orders 17 If the designated D irector under the Environmental Protection and Enhancement Act submits an environmental impact assessment report to the Minister, the Minister may advise the proponent, (

a) if an application has not already been made, that the proponent may apply for an approval, licence or transfer of an allocation under a licence or an amendment to an approval or licence, or (

b) if an application has been made, that the application may proceed under this A ct unless the Minister has made an order under

section 34.

PART 3 RIGHT TO DIVERT AND PRIORITY OF RIGHTS Division 1 Right to Divert Water E xistin g d ive rsio n rig h ts 18(1) Every authority or licence other than a temporary authority, agreement, permit, interim licence, updated and reissued interim licence and supplementary interim licence, granted under a predecessor A ct that, on the date this A ct comes into force, authorizes the diversion of water is a deemed licence that has a priority number that corresponds to the priority number of the original authority or licence.

(2) A person who holds a deemed licence under this

section may continue to exercise the right to divert water in accordance with (

a) the priority number of the deemed licence, and 23

(

b) the terms and conditions of the deemed licence and this A ct, and if a term or condition of the deemed licence is inconsistent with this A ct, that term or condition prevails over this A ct.

(3) Every temporary authority granted under a predecessor A ct that, on the date this A ct comes into force, authorizes the diversion of water may, by order of the Minister, be a deemed approval or deemed licence under this A ct.

(4) A temporary permit, permission for temporary diversion and interim licence, including an updated and reissued interim licence and supplementary interim licence, granted under a predecessor A ct that, on the date this A ct comes into force, authorizes the diversion of water may, by order of the Minister, be (

a) a deemed approval, deemed preliminary certificate or deemed licence under this A ct, or (

b) a deemed approval as well as a deemed preliminary certificate or deemed licence under this A ct, and, in the case of a temporary permit, permission for temporary diversion or interim licence that is (

c) a deemed licence, has a priority number that corresponds to the priority number of the original permit, permission or licence, or (

d) a deemed preliminary certificate, has a number that corresponds to the priority number of the original permit, permission or licence.

(5) Subject to subsection (2)(b), a deemed approval, preliminary certificate and licence under this

section are subject to this A ct.

(6) F or the purposes of this A ct, an updated and reissued interim licence or supplementary interim licence (

a) is deemed to be a valid and subsisting interim licence under the Water Resources Act, (

b) supersedes any previous interim licence that it replaced, and (

c) may be treated as an interim licence for the purposes of this section. 24

E xe m p te d agriculture use r 19(1) A person who (

a) on the date this A ct comes into force, owns or occupies land that adjoins a river, stream, lake, natural water course or other natural water body or land under which groundwater exists, and (

b) on or before the date this A ct comes into force, diverts water from a source referred to in clause (

a) for the purposes of raising animals or applying pesticides to crops as part of a farm unit. may continue to divert up to 6250 cubic metres per year or the maximum specified in an approved water management plan, whichever is greater, from the sources described in clause (

a) for the purposes described in clause (

b) without an approval, licence or registration for the diversion of the water as long as the person owns or occupies the land, but the person has no priority under this A ct unless an approval or licence has been issued or a registration effected with respect to that diversion.

(2) A person who diverts water in accordance with subsection (1) may, without an approval, licence or registration, pump or otherwise convey water to the point of use for the purposes described in subsection (1) on the land that adjoins the source of water, or to an adjacent parcel of land owned by that person if both lands form part of the same farm unit.

(3) A person who is entitled to divert water both under subsection (1) and under

section 21 is entitled to divert the water under subsection (1) as an additional amount of water. A ctivities co n tin u e d 20(1) Every authority or licence, other than a temporary authority, agreement, permit, interim licence, an updated and reissued interim licence and a supplementary interim licence, granted under a predecessor A ct that, on the date this A ct comes into force, authorizes the drainage, flood control, erosion control, channel realignment or other similar matters is a deemed approval under this A ct that does not have a priority number.

(2) Every permit granted under a predecessor A ct that, on the date this A ct comes into force, authorizes an activity (

a) in the case of a permit, including an exploration permit, that was issued for a specified period of time, continues as a permit, and the W ater Resources Act continues to apply to that permit as if that A ct were still in force, and 25

(

b) in the case of a permit that does not have an expiry date, is deemed to be an approval under this A ct that expires one year after the date this A ct comes into force.

(3) A deemed approval under this

section is subject to this A ct. H o u se h o ld purposes 21(1) Subject to subsection (3) and

section 23 and any exemptions specified in the regulations, a person who owns or occupies land that adjoins a river, stream, lake, natural watercourse or other natural water body (

a) has the right to commence and continue the diversion of the water that adjoins that land for household purposes, whether or not that water is reserved under

section 35, and (

b) may not obtain a licence for the diversion of water that adjoins that land for household purposes.

(2) Subject to subsection (3) and

section 23 and any exemptions specified in the regulations, a person who owns or occupies land under which groundwater exists (

a) has the right to commence and continue the diversion of the groundwater for household purposes, and (

b) may not obtain a licence for the diversion of the groundwater for household purposes.

(3) The number of households on a parcel of land for the purposes of this

section is limited to (

a) the number permitted under an applicable approved water management plan, or (

b) if there is no applicable approved water management plan, the number permitted by an order of the Minister.

(4) A person who diverts water under subsection (1) or (2) may, without an approval, licence or registration, pump or otherwise convey water to the point of use for household purposes. R iparian o w n e r or occupant 22(1) Notwithstanding the common law, a riparian owner, riparian occupant or person who owns or occupies land under which groundwater exists has the right to divert water only in accordance with

section 21 and may not divert water for any other purpose unless authorized by this A ct or under an approval, licence or registration. 26

(2) A person described in subsection (1) may commence an action with respect to a diversion of water only in respect of a diversion of water that is not authorized by this A ct or under an approval, licence or registration.

(3) Nothing in this A ct is to be construed so as to repeal, remove or reduce any rights held at common law by a riparian owner or occupant of land or by a person who owns or occupies land under which groundwater exists, other than the right to the continued flow or diversion of water. H ousehold diversions 23(1) If the D irector is of the opinion that there is or may be a significant adverse effect on the aquatic environment or on a licensee or traditional agriculture user resulting from a diversion of water pursuant to

section 21, the D irector may, subject to the regulations, (

a) issue a water management order under

section 97, and (

b) declare that a person described in

section 21 who did not divert water as described in

section 21 prior to the date of the declaration may not, as of the date of the declaration, divert water as described in

section 21 from a source of water specified in the declaration or from any sources of water within the water management area specified in the declaration.

(2) The D irector must provide notice of a declaration in a form and manner satisfactory to the D irector.

(3) If, after this A ct comes into force, a subdivision of land of a type or class of subdivision specified in the regulations is approved under the Municipal Government Act, a person residing within that subdivision on a parcel of land that adjoins or is above a source of water described in

section 21 has the right to commence and continue the diversion of water under

section 21 only if (

a) a report certified by a professional engineer, professional geologist or professional geophysicist, as defined in the Engineering, Geological and Geophysical Professions Act, was submitted to the subdivision authority as part of the application for the subdivision under the Municipal Government Act, and the report states that the diversion of 1250 cubic metres of water per year for household purposes under

section 21 for each of the households within the subdivision will not interfere with any household users, licensees or traditional agriculture users who exist when the subdivision is approved, and 27

(

b) the diversion of water for each of the households within the subdivision under

section 21 is not inconsistent with an applicable approved water management plan.

(4) Notwithstanding subsection (3), a person residing within a subdivision as described in subsection (3) has the right to commence and continue the diversion of water under

section 21 if (

a) the written consent of the subdivision authority is provided to the D irector, (

b) the D irector is of the opinion that there are or were extenuating circumstances with respect to the submission of the report under subsection (3), and (

c) the D irector has approved in writing the right to divert under

section 21. T raditional agriculture user 24(1) A person who owns or occupies land (

a) to which a registration is appurtenant, and (

b) that adjoins a river, stream, lake, natural water course or other natural water body, or under which groundwater exists, has the right to commence and continue the diversion of water from the sources authorized in the registration for the purposes of raising animals or applying pesticides to crops, as part of a farm unit, as authorized by the registration.

(2) A person who diverts water in accordance with subsection (1) may, without an approval or licence, pump or otherwise convey water to the point of use on the land that adjoins the source of water, or to an adjacent parcel of land owned by that person if both parcels form part of the same farm unit. C om bined d ive rsio n s 25 A person who is entitled to divert water both under

section 21 and under

section 24 is entitled to divert the water under

section 24 as an additional amount of water. D iversion under a p p ro va l or licence 26 A person has the right to commence and continue the diversion of water in accordance with the terms and conditions of an approval or licence in good standing held by that person. 28

Division 2 Priority of Rights P riority o f h o u se h o ld user 27 A person who diverts water pursuant to

section 21 (

a) does not have priority with respect to another person who is diverting water pursuant to

section 21, but (

b) has priority over a person who is entitled to divert water (

i) pursuant to an approval, licence or registration, or (ii) that is authorized under this A ct other than pursuant to

section 21. R e g istra tio n p rio rity num bers 28 If in the opinion of the D irector an applicant for a registration complies with this A ct, the D irector must assign a priority number to the registration that corresponds to the first known date of diversion of water but no earlier than July 1, 1894, for the purposes of raising animals or applying pesticides to crops from the sources of water on the land specified in the application for registration. Lice nce p rio rity num bers 29(1) Subject to this

section and sections 34, 35 and 82(7)(b), on receiving applications for licences that, in the opinion of the D irector, are complete and comply with this A ct, the D irector must assign numbers to the applications in consecutive order that correspond to the date and time that the D irector received the complete applications.

(2) On receiving an application for a licence under

section 51(2) that, in the opinion of the D irector is complete and complies with this A ct, (

a) with respect to a water conservation objective described in

section 1(1)(iii)(ii), the D irector must, subject to

section 35(2)(b), assign a number to the application that corresponds to the date and time that the D irector received the complete application, (

b) with respect to a water conservation objective described in

section 1(1)(iii)(

i) or (iii) (

i) within 5 years after the date this A ct comes into force, or (ii) at any time, with respect to water that has been reserved under

section 35 within 5 years alter the date this A ct comes into force, 29

the D irector must assign a number to the application that corresponds to the date and time this A ct comes into force, and (

c) with respect to a water conservation objective described in

section 1(1)(iii)(

i) or (iii), but not within the dates described in clause (b), the D irector must assign a number to the application that corresponds to the date and time that the D irector received the complete application.

(3) The D irector may correct an error with respect to a number assigned to a complete application for a licence or with respect to a priority number assigned to a licence.

(4) A number assigned to an application for a licence described in subsection (1) or (2) must be assigned to the licence that is issued under

section 51 pursuant to that application, and that number is the priority number of the licence. P riorities 30(1) Licensees and traditional agriculture users have priority among themselves according to the priority number that has been assigned to the licence or registration.

(2) A licensee or traditional agriculture user diverting water pursuant to a licence or registration that has a numerically lower priority number is entitled to divert the whole allocation of water specified under the licence or registration before a licensee or traditional agriculture user has any right to divert water pursuant to a licence or registration that has a numerically higher priority number.

W orks lim it d ive rsio n right 31(1) When a licensee’s or traditional agriculture user’s works is not of sufficient capacity to carry the diversion of water to which the licensee or traditional agriculture user is entitled under the terms and conditions of the licence or registration, the licensee’s or traditional agriculture user’s right to divert water under the licence or registration is limited to the volume and rate of water that the works is capable of carrying.

(2) In the case of a dispute as to the capacity of a licensee’s or traditional agriculture user’s works, the D irector may order an inspector to inspect and report on the works. Division 3 Administering Priority of Rights A d m in iste rin g priorities 32(1) If there is a dispute with respect to the order in which water is to be diverted, the D irector may administer priorities within a 30

water management area or any other geographical area considered appropriate by the D irector. (2) Subsection (1) does not apply to a dispute among household users.

(3) A n inspector or the D irector may issue a water management order under

section 97(1)(a).

(4) If a water management order under

section 97(1)(

a) has been issued to a person, that person shall not divert water except in accordance with the terms and conditions specified in the water management order until the order expires, is amended or cancelled, or a further order is made by the D irector.

(5) If the D irector has received a complaint with respect to the order in which water is to be diverted and an inspector or investigator is of the opinion that a diversion of water is affecting the rights of a household user, licensee or traditional agriculture user, the inspector or investigator may interrupt the diversion of water and cause the works of the person responsible for the diversion of water to be closed, or take any other action that is necessary to ensure that the supply of water to which a household user, licensee or traditional agriculture user is entitled can be diverted by the household user, licensee or traditional agriculture user in accordance with his priority.

A greem ents to assign w ater 33(1) A licensee or traditional agriculture user may, subject to the regulations, for a period of time set out in an agreement, temporarily assign all or part of the water that the licensee or traditional agriculture user is entitled to divert under the licence or registration to another licensee or traditional agriculture user if (

a) a written agreement is made and signed by all the licensees and traditional agriculture users participating in the temporary assignment of the water, (

b) the licences and registrations that are the subject of the agreement are in good standing, (

c) no rights of a household user, or of a licensee or traditional agriculture user with a higher priority than the party to the agreement who has the lowest priority, are adversely affected by the temporary assignment, (

d) the person receiving the water under the agreement is able to access the assigned water as a result of the natural flow or natural presence of the water, 31

(

e) there are no adverse effects on any water body or the aquatic environment, and (

f) a copy of the written agreement is submitted to the D irector on the request of the D irector.

(2) Notwithstanding subsection (1), an agreement to assign water may not be made with respect to water that has been previously diverted under a licence.

(3) If an agreement is made under this section, (

a) the licensee or traditional agriculture user temporarily assigning the water is not entitled to divert the allocation of water that has been temporarily assigned, (

b) the diversion of water by the licensee or traditional agriculture user temporarily receiving the water must be done in accordance with the licence or registration of the licensee or traditional agriculture user receiving the water, and (

c) the licensee or traditional agriculture user temporarily receiving the water must not divert a total amount of water that is greater than the allocation of water specified in the licence or registration of the licensee or traditional agriculture user receiving the water.

(4) A n agreement made under this

section is subject to the regulations.

(5) If the D irector is of the opinion that a temporary assignment causes or may cause (

a) the rights of any household user, or the rights of any licensee or a traditional agriculture user with a higher priority than the party to the agreement that has the lowest priority, to be adversely affected, or (

b) an adverse effect on any water body or the aquatic environment, the D irector may direct that water must not be diverted under the agreement or a subsequent agreement, either permanently or for a specified period of time.

(6) If the D irector has directed (

a) that water must not be diverted under an agreement or a subsequent agreement for a specified period of time, no water may be assigned under that agreement or a 32

subsequent agreement during the specified period of time, or (

b) that water must not be diverted under an agreement or a subsequent agreement permanently, no water may be assigned under that agreement or a subsequent agreement.

PART 4 APPROVALS, LICENCES, PRELIMINARY CERTIFICATES, REGISTRATIONS A pprovals, lice n ce s, tra n sfe rs, re g istra tio n s not a va ila b le 34(1) If the Minister is of the opinion that a proposed (

a) activity, (

b) diversion of water or operation of a works for the diversion of water, or (

c) transfer of an allocation of water under a licence, should not proceed because it is not in the public interest, the Minister may order (

d) that no application for (

i) an approval, licence, registration or transfer of an allocation of water, or (ii) an amendment of an approval or licence is to be accepted in respect of the proposed activity, diversion, operation of a works for the diversion of water or transfer, or a class of proposed activities, diversions, operation of works for the diversion of water or transfers, (

e) that no approval, preliminary certificate or licence may be issued or that no registration may be effected in respect of the proposed activity, diversion or operation of a works for the diversion of water or in respect of a class of proposed activities, diversions, operation of works for the diversion of water or transfers, (

f) that no amendment of an approval, preliminary certificate or licence in respect of the proposed activity, diversion or operation of a works for the diversion of water or in respect of a class of proposed activities, diversions or operation of works for the diversion of water may be made, or 3 3

(

g) that no transfer of an allocation of water may be approved in respect of the proposed transfer.

(2) If the Minister makes an order under subsection (1)(e), (

f) or (g), the D irector must give notice of the order to the applicant for the approval, licence, registration or transfer of an allocation of water if an application has been submitted.

(3) If the Minister makes an order under subsection (1)(d), the D irector must provide notice in accordance with the regulations. C row n re se rva tio n 35(1) The Minister may by order reserve water that is not currently allocated under a licence or registration or specified in a preliminary certificate (

a) in order to determine how the water should be used, or (

b) for any other purpose.

(2) When making an order under subsection (1), the Minister may (

a) include terms and conditions, (

b) subject to

section 29(2)(b), prescribe the priority number of any allocation of water to be made from the reserved water, but the priority number may not be based on a date and time that is earlier than the date and time that the reservation was made, and (

c) specify (

i) the purposes for which, (ii) how, (iii) to whom, and (iv) the time period within which, an allocation of the reserved water may be made by the D irector.

(3) The D irector may (

a) retain the water reserved in the water body in accordance with the terms and conditions of an order made under subsection (1), 34

(

b) issue a licence for the temporary diversion of the reserved water, unless prohibited by an order made under subsection (1), (

c) if an order under subsection (1) allows, issue a licence for the diversion of the reserved water and in accordance with an order made under subsection (1), and (

d) refuse to accept an application for a licence for the reserved water unless the refusal is contrary to an order made under subsection (1).

(4) If the D irector issues a licence under subsection (3), including a licence for the temporary diversion of water, the D irector must do so in accordance with this A ct.

(5) Subject to subsection (2)(b), the Minister may amend a term or condition of an order made under subsection (1), including but not limited to changing the priority of any allocation to be made from the reserved water, and including or amending matters described in subsection (2).

(6) If the Minister (

a) repeals an order made under subsection (1), or (

b) amends an order made under subsection (1) so that part of the reserved water is no longer reserved, any of the reserved water that has not been allocated under a licence or does not remain reserved must be dealt with in accordance with this A ct unless otherwise provided for in an order by the Minister. Division 1 Approvals A p p ro va l re q u ire d 36(1) Subject to subsection (2), no person shall commence or continue an activity except pursuant to an approval unless it is otherwise authorized under this A ct.

(2) No person shall commence or carry out an activity that is designated in the regulations as an activity in respect of which notice must be provided to the D irector unless that person provides notice to the D irector, in accordance with the regulations, of the intention to commence the activity or to carrying out the activity.

(3) A person who commences or continues an activity 35

(

a) that is designated in the regulations as exempt from the requirement for an approval or is part of a class of activities that is designated in the regulations as exempt from the requirement for an approval, (

b) that is an activity or part of a class of activities within an area of the Province that is designated in the regulations as an area where an approval is not required for that activity or class of activities, or (

c) that is an activity or part of a class of activities that is designated in the regulations as an activity or class of activities that does not require an approval but that must be carried out in accordance with the regulations, is not required to obtain an approval under this A ct.

(4) A n activity and class of activities described in subsection (2)(

c) must be carried out in accordance with the regulations. A pplication 37(1) A person who applies for an approval must (

a) make an application to the D irector in a form and manner satisfactory to the D irector, (

b) submit the information, including but not limited to plans and specifications, required by the D irector, (

c) pay the required fees, and (

d) provide notice of the application in accordance with

Part 8.

(2) The D irector may require an applicant to submit any additional information including but not limited to plans and specifications the D irector considers necessary within any time period required by the D irector.

(3) The D irector may deem an application for an approval to be an application for a licence.

(4) If an applicant for an approval does not own the land in fee simple or the undertaking to which the approval is to be appurtenant, if required by the D irector, the applicant must submit the written consent of the owner of the land or of the undertaking as part of the application for the approval. 36

Issuance o f approvals 38(1) Subject to

section 34, the D irector may issue or refuse to issue an approval to an applicant to commence or continue an activity.

(2) In making a decision under this section, the D irector (

a) must consider, with respect to the applicable area of the Province, the matters and factors that must be considered in issuing an approval, as specified in an applicable approved water management plan, (

b) may consider any existing, potential or cumulative (

i) effects on the aquatic environment, (ii) hydraulic, hydrological and hydrogeological effects, and (iii) effects on household users, licensees and traditional agriculture users, that result or may result from the activity, and (

c) may consider (

i) effects on public safety, and (ii) any other matters applicable to the approval that, in the opinion of the D irector, are relevant.

(3) The D irector may issue an approval subject to any terms and conditions the D irector considers appropriate.

(4) The D irector may issue an approval that authorizes the temporary diversion of water associated with carrying out an activity.

(5) A n approval authorizing the temporary diversion of water associated with carrying out an activity does not provide any priority with respect to that water.

(6) When the D irector issues an approval it must include an expiry date. A p p ro va l required onsite 39 A n approval holder shall (

a) ensure that a copy of the approval is (

i) kept at the place where the activity occurs. 3 7

(ii) posted or otherwise made available, as required by the D irector, and (iii) produced in accordance with

Part 10, and (

b) in the case of a water well, display tags, decals, plates, devices, documents and other things as required by the D irector. C e rtifica te of com pletion 40(1) Unless the requirement for a certificate of completion is waived by the D irector, on completion of the activity specified in the approval, the approval holder shall submit in a form and manner satisfactory to the D irector, a certificate of completion (

a) containing the information required by the D irector, and (

b) certifying that the approval holder has completed the activity in accordance with the approval.

(2) On completion of a part of an activity, if required by the D irector, the approval holder shall submit in a form and manner satisfactory to the D irector, certificate of completion with respect to that part of the activity (

a) containing the information required by the D irector, and (

b) certifying that the approval holder has completed that part of the activity in accordance with the approval. E xte n sio n s 41(1) The D irector may, on the D irector’s own initiative or on the request of an approval holder, extend the expiry date of an approval or a term or condition of an approval as the D irector considers appropriate.

(2) A n approval for the purposes of drainage, flood control, erosion control, channel realignment or a similar purpose may contain a term or condition that states that the approval, if in good standing, is extended once automatically for the same period of time for which it was originally issued.

(3) A n extension under this

section is deemed not to be an amendment of the approval for the purposes of this Part and Parts 8 and 9. A pproval am endm ents 42(1) The D irector may amend an approval 38

(

a) on the D irector’s own initiative without the consent of the approval holder (

i) to correct a clerical error in the approval, (ii) to amend a term or condition that relates to a monitoring, reporting or inspection requirement, (iii) if the D irector has received notice of a disposition of the land to which an approval is appurtenant, to reflect the disposition, (iv) to address matters related to a temporary discontinuance of the activity by the approval holder, (

v) to extend, under

section 41, the expiry date of an approval or a term or condition of an approval, (vi) to amend a term or condition if in the opinion of the D irector a significant adverse effect on the aquatic environment, human health or public safety that was not reasonably foreseeable at the time the approval was issued occurred, occurs or may occur, (vii) to amend a term or condition if in the opinion of the D irector an adverse effect on a household user, licensee or traditional agriculture user occurred, occurs or may occur, or (viii) if there is a term or condition of the approval allowing the amendment, and (

b) with respect to any matter (

i) on application by the approval holder, or (ii) with the consent of the approval holder.

(2) A n application under subsection (1)(b)(

i) must be made in a form and manner satisfactory to the D irector.

(3) Notice of an application to amend an approval must be provided in accordance with

Part 8.

(4) Notwithstanding subsection (1), unless otherwise specified in the regulations, an approval holder does not require an amendment of the approval in order to make an adjustment, repair or 39

replacement or to have maintenance done during the course of normal operations of a works.

(5) Notwithstanding this section, the addition of and modifications to plans or specifications relating to an approval that in the opinion of the D irector do not substantially change the terms and conditions of the approval or the nature of the undertaking to which the approval is appurtenant are deemed not to be an amendment of an approval for the purposes of this Part and Parts 8 and 9. S uspension, cancellation 43(1) The D irector may suspend or cancel an approval (

a) on the D irector’s own initiative without the consent of the approval holder if (

i) the approval was issued in error, (ii) in the opinion of the D irector, the activity has been abandoned, (iii) there is an emergency or the D irector is of the opinion that the suspension or cancellation is necessary for public safety, (iv) there is a default in any payment of any fees or other money owing by the approval holder to the Government under this A ct, (

v) there is non-performance of or in the opinion of the D irector there is a serious breach of any term or condition of the approval, (vi) in the opinion of the D irector the approval holder made a material misrepresentation in obtaining the approval, (vii) the approval holder is convicted of an offence under this A ct, other than an offence under

section 142(1)(j), (

o) or (p), (viii) the D irector is of the opinion that a significant adverse effect on the aquatic environment, human health or public safety occurred, occurs or may occur that was not reasonably foreseeable at the time the approval was issued, (ix) the D irector is of the opinion that an adverse effect on a household user, licensee or traditional agriculture user occurred, occurs or may occur, or 40

(

x) an approval has been automatically extended under

section 41(2), and (

b) on any grounds (

i) on application by the approval holder, or (ii) with the consent of the approval holder.

(2) If an approval has been cancelled or suspended, all rights of the approval holder cease, and in addition to the D irector’s exercising any powers provided under

Part 7 and

Part 10, the Government may recover any fees owing to the Government by the approval holder under this A ct.

(3) If an approval with respect to drilling water wells is cancelled or suspended, the approval holder shall, on the request of the D irector, return to the D irector as soon as possible the tags, decals, plates, devices, documents or other things that serve as evidence that a drilling machine is being operated or was operated under an approval. S ecurity 44 If required by the regulations, an applicant for an approval or an approval holder must provide financial or other security and carry insurance in respect of matters to which the approval relates in an amount and of a type required by the D irector.

A pprovals run w ith land, u n d e rta kin g s 45(1) When issuing an approval the D irector must specify, in the approval, the land or undertaking to which the approval is appurtenant.

(2) A n approval and all works constructed under the approval (

a) are appurtenant to the land or undertaking specified in the approval, (

b) are inseparable from the land or undertaking specified in the approval, and (

c) run with the land on any disposition of the land or undertaking, unless the Lieutenant Governor in Council orders otherwise. 41

Division 2 Licences N o licences to transfer w a te r outside C a n a d a 46

(1) In this section, “processed water” and “municipal water” mean processed water and municipal water as defined in the regulations for the purposes of this A ct.

(2) F or the purpose of promoting the conservation and management of water, including the wise allocation and use of water, a licence shall not be issued for the purpose of transferring water from the Province outside of Canada by any means, unless the licence is specifically authorized by a special A ct of the Legislature. (3) Subsection (2) does not apply to processed water and municipal water. N o transfer betw een basins 47 A licence shall not be issued that authorizes the transfer of water between major river basins in the Province unless the licence is specifically authorized by a special A ct of the Legislature. P ublic review 48 Before a Bill to amend

section 46 or 47 or to enact a special A ct described in those sections is introduced into the Legislative A ssembly, the Minister must consult with the public, in a form and manner satisfactory to the Minister, with respect to such a Bill. L ice n ce re q u ire d 49(1) Subject to subsection (2), no person shall (

a) commence or continue a diversion of water for any purpose, or (

b) operate a works, except pursuant to a licence unless it is otherwise authorized by this A ct.

(2) A person who commences or continues the diversion of water or operates a works (

a) for household purposes in accordance with

section 21, (

b) pursuant to a registration, (

c) pursuant to an approval, 42

(

d) that is designated or is part of a class of diversions or works that is designated in the regulations as exempt from the requirement for a licence, or (

e) that is in an area of the Province that is designated in the regulations as an area where a licence is not required for that diversion or operation of works or that class of diversions or operation of works, is not required to hold a licence for that diversion of water or operation of works. A pplication 50(1) A person who applies for a licence must (

a) make an application in a form and manner satisfactory to the D irector, (

b) submit the information required by the D irector, (

c) pay the required fees, and (

d) provide notice of the application in accordance with

Part 8.

(2) The D irector may require an applicant to submit any additional information the D irector considers necessary within any time period required by the D irector.

(3) The D irector may deem that an application for a licence is an application for an approval.

(4) If an applicant for a licence does not own the land in fee simple or the undertaking to which the licence is to be appurtenant, the applicant must submit the written consent of the owner of the land or of the undertaking as part of the application for the licence. Issuance of licences, p re lim in a ry certificates 51(1) On application for a licence by a person in accordance with this A ct the D irector may, subject to subsection (2) and sections 34, 46 and 47, issue or refuse to issue (

a) a preliminary certificate to that person, or (

b) a licence to that person for (

i) the diversion of water, or (ii) the operation of a works, for any purpose specified in the regulations. 43

(2) On application by the Government in accordance with this A ct, the D irector may issue a licence to the Government but to no other person, or may refuse to issue a licence, for (

a) the diversion of water, (

b) the operation of a works, or (

c) providing or maintaining a rate of flow of water or water level requirements for the purpose of implementing a water conservation objective.

(3) Subject to

section 68, the D irector may issue a licence under this

section subject to any terms and conditions that the D irector considers appropriate.

(4) In making a decision under this section, the D irector (

a) must consider, with respect to the applicable area of the Province, the matters and factors that must be considered in issuing a licence, as specified in an applicable approved water management plan, (

b) may consider any existing, potential or cumulative (

i) effects on the aquatic environment, (ii) hydraulic, hydrological and hydrogeological effects, and (iii) effects on household users, other licensees and traditional agriculture users, that result or may result from the diversion of water, operation of a works or provision or maintenance of a rate of flow of water or water level requirements, and (

c) may consider (

i) effects on public safety, (ii) with respect to irrigation, the suitability of the land for irrigated agriculture, and (iii) any other matters applicable to the licence that in the opinion of the D irector are relevant, including any applicable water guideline, water conservation objective and water management plan. 44

(5) When the D irector issues a licence the D irector must include an expiry date determined in accordance with the regulations.

(6) A licensee of water for irrigation purposes or a person who, under a licence, has acquired water from a licensee of water for irrigation purposes is entitled to divert, as part of the acquired water, (

a) up to a maximum of 1250 cubic metres of water per year for household purposes, and (

b) up to a maximum of 6250 cubic metres of water per year for the purposes of raising animals or applying pesticides to crops as part of a farm unit, whether or not that licensee or person owns or occupies land that adjoins a river, stream, lake, natural watercourse or other natural water body or under which groundwater exists or that person is diverting water under a registration.

(7) If a licensee of water for irrigation purposes or a person who under a licence acquires water under the licence of such a licensee is entitled to divert water under

section 21, that licensee or person is entitled to the water under the licence in addition to the entitlement under

section 21. U sing w orks o f another 52(1) If a person has applied for a licence to divert water through the use of another person’s works, the D irector may issue a licence under

section 51 for the diversion, whether the applicant’s works are constructed, under construction or to be constructed, if (

a) the operation of the works of the other person is licensed or authorized under this A ct, (

b) the applicant for the licence and the owner of the works have made an agreement with respect to (

i) the use and maintenance of the works and, if necessary, the alteration and enlargement of the works, (ii) the method of compensating the owner for the use and maintenance of the works, and (iii) sharing the cost of altering, enlarging or jointly constructing the works, where applicable, (

c) the issuance of that licence will not interfere with the licensed diversion of water by the other person, unless the 45

owner of the works has agreed otherwise in a term of the agreement referred to in clause (b), and (

d) the agreement has been submitted to the D irector.

(2) In issuing the licence under subsection (1), the D irector may issue an approval to the applicant for the licence or the owner of the works to alter or enlarge any of the works described in subsection (1) if the D irector is of the opinion that the alteration or enlargement is necessary in order for the water to be diverted through the use of the works.

(3) Notwithstanding subsection (2), if an agreement has not been submitted to the D irector, the Minister may by order issue the licence under subsection (1), prescribe how any necessary alteration or enlargement of the works is to be done and how the costs are to be apportioned and require the D irector to issue an approval with respect to the alteration or enlargement, if, in the opinion of the Minister, (

a) there has been an unreasonable delay in submitting the agreement, and (

b) it is in the public interest to do so.

(4) Unless otherwise provided for in the agreement, an applicant who is authorized to alter or enlarge a works previously constructed is responsible for any loss or damage that is sustained by the owner of the works as a result of the alteration or enlargement, and the Minister must determine the amount to be paid for the loss or damage, and that determination is final.

L ice n ce applications not accepted 53(1) If the D irector is of the opinion that no further allocation of water should be made in a water management area or other geographical area considered appropriate by the D irector or from a water body, the D irector may decide that applications for licences are not to be accepted by the D irector for a specified period of time.

(2) If the D irector conducts a public review in a form and manner satisfactory to the D irector, the D irector may extend the period of time referred to in subsection (1).

(3) In making a decision under subsection (1) that no applications for licences may be accepted, the D irector (

a) must consider, with respect to the applicable area of the Province, the matters and factors that must be considered in issuing a licence, as specified in an applicable approved water management plan, 46

(

b) may consider any existing, potential or cumulative (

i) effects on the aquatic environment, (ii) hydraulic, hydrological and hydrogeological effects, and (iii) effects on household users, licensees and traditional agriculture users, that result or may result from a potential diversion of water, operation of a works or provision or maintenance of a rate of flow of water or water level requirements, and (

c) may consider any other matters that in the opinion of the D irector are relevant, including any applicable water guideline, water conservation objective and water management plan.

(4) If notice of a decision has been provided under

section 110(4) that no further applications for licences may be accepted, the D irector must refuse to accept an application for a licence.

(5) The D irector must consider and make a decision with respect to an application for a licence received prior to the date the D irector provides notice under

section 110(4).

(6) Notwithstanding subsection (4), the D irector may accept an application for a licence for a temporary diversion of water.

(7) If the D irector has made a decision under subsection (1) that no further applications for licences are to be be accepted and the D irector is of the opinion that water may once again be allocated even though the period of time referred to in subsection (1) has not expired, the D irector must provide notice, in accordance with the regulations, that applications for licences may be accepted. A m endm ents 54(1) If an amendment of a licence does not increase the volume of the diversion of water specified in the licence, the D irector may, subject to the regulations and subsection (3), amend a licence (

a) on the D irector’s own initiative, without the consent of the licensee, (

i) to correct a clerical error in a licence, (ii) to give effect to a transfer of an allocation under a licence that has been approved under

Part 5, 47

(iii) to amend a term or condition that relates to a monitoring, reporting or inspection requirement, (iv) if the D irector has received notice of a disposition of land or an undertaking to which a licence is appurtenant, to reflect the disposition, (

v) if in the D irector’s opinion an adverse effect on human health or public safety occurred, occurs or may occur that was not reasonably foreseeable at the time the licence was issued, (vi) to give effect to the amalgamation of licences under

section 56, (vii) to limit the volume of water to that which a works is capable of carrying, (viii) to reduce an allocation of water under a licence if part of the allocation was incorporated into a registration, and (ix) if there is a term or condition of the licence allowing the amendment, and (

b) on application by the licensee, including but not limited to an amendment (

i) to increase or decrease the rate of diversion of water specified in the licence, (ii) to add a rate of diversion of water if none is specified in the licence, (iii) to add terms and conditions to the licence, (iv) to change the timing of the diversion of water specified in the licence, (

v) to change the point of use or add another point of use of the diverted water if the use is located on the same land specified in the licence or plan attached to the licence, and (vi) to move the point of diversion of water or add another point of diversion of water if the diversion of water at the new point of diversion of water is from the same source of water and the new point of diversion of water is located on the same land that 48

is specified in the licence or plan attached to the licence, if the D irector is of the opinion that there is no or will be no adverse effect on the rights of a household user, other licensee or traditional agriculture user and that the proposed change will not adversely affect the ability to conserve or manage a water body.

(2) Subject to the regulations, if an amendment of a licence issued under this A ct does not increase the volume of the diversion of water specified in the licence, the D irector may amend the licence if in the D irector’s opinion an adverse effect on the aquatic environment occurred, occurs or may occur that was not reasonably foreseeable at the time the licence was issued, and compensation may be payable under

section 158.

(3) A n applicant for an amendment to a licence under subsection (1) must (

a) make an application in a form and manner satisfactory to the D irector, (

b) submit the information required by the D irector, (

c) pay the required fees, and (

d) provide notice of the application in accordance with

Part 8.

(4) A licensee does not require an amendment to a licence in order to make an adjustment, repair or replacement or to have maintenance done during the course of normal operations of a works, unless otherwise specified in the regulations, if the change does not result in an increase in the rate or volume of or a change in the timing of the diversion of water.

(5) Notwithstanding this section, the addition of or modifications to plans and specifications relating to a licence that, in the opinion of the D irector, do not substantially change the terms and conditions of the licence or the nature of the undertaking to which the licence relates are deemed not to be an amendment for the purposes of this Part and Parts 8 and 9. S u sp e n sio n , cancellation 55(1) The D irector may suspend or cancel a licence (

a) on the request of the licensee, (

b) if a licence has been issued in error, 49

(

c) if there is an emergency or if in the D irector’s opinion it is necessary for public safety purposes, (

d) if there is a default in any payment of any fees or other money owing by the licensee to the Government under this A ct, (

e) if there is non-performance of or in the opinion of the D irector there is a serious breach of any term or condition of the licence, (

f) if, subject to the regulations, the D irector is of the opinion that (

i) there has been no diversion of any of the water allocated in the licence, or there has been a failure or ceasing to exercise the rights granted under the licence, over a period of 3 years, and (ii) there is no reasonable prospect that the licensee will resume diversion of all or part of the water specified in the licence or resume the exercise of the rights granted under the licence, (

g) if, in the opinion of the D irector, the licensee made a material misrepresentation in obtaining the licence, (

h) if an entire allocation of water under a licence has been incorporated into a registration, (

i) if the licensee has been convicted of an offence under this A ct, other than an offence under

section 142(1)(j), (

o) or (p), or (

j) if in the opinion of the D irector a significant adverse effect on human health or public safety occurred, occurs or may occur that was not reasonably foreseeable at the time the licence was issued.

(2) Subject to the regulations, the D irector may suspend or cancel a licence issued under this A ct if in the opinion of the D irector a significant adverse effect on the aquatic environment occurred, occurs or may occur that was not reasonably foreseeable at the time the licence was issued and compensation may be payable under

section 158.

(3) If a licence has been cancelled or suspended, subject to

section 158 all rights of the licensee cease, and in addition to the D irector's exercising any powers under Parts 7 and 10, the Government may recover any fees owing to the Government by the licensee under this A ct. 50

A m a lg a m a tio n o f licences 56(1) The D irector may, if in the D irector’s opinion it is appropriate to do so, amalgamate 2 or more licences if (

a) the licensee has requested the amalgamation, (

b) all of the licences to be amalgamated are held by the same licensee, (

c) the diversions of water under all the licences are from the same source of water and are for the same purpose, (

d) in the opinion of the D irector the amalgamation will improve the administration of the licences under this A ct, and (

e) in the opinion of the D irector, there is no adverse effect on household users, other licensees or traditional agriculture users.

(2) The D irector must assign to the licence resulting from the amalgamation of the licences the numerically highest priority number of all the amalgamated licences.

(3) The licence resulting from the amalgamation may contain any terms and conditions (

a) that were contained in any of the licences that have been amalgamated, or (

b) that, in the opinion of the D irector, are necessary to give effect to the amalgamation. S ecurity 57 If required by the regulations, an applicant for a licence or a licensee must provide financial or other security and carry insurance in respect of the matters to which the licence relates in an amount and of a type required by the D irector. Licences run w ith land 58(1) When issuing a licence, including licences issued under

Part 5, D ivision 2, the D irector must specify in the licence the land or undertaking to which the licence is appurtenant.

(2) Subject to

Part 5, D ivision 2, a licence and all works operated under the licence (

a) are appurtenant to the land or undertaking specified in the licence, 51

(

b) are inseparable from the land or undertaking specified in the licence, and (

c) run with the land or undertaking on disposition of the land or undertaking unless the Lieutenant Governor in Council orders otherwise. L ice n ce re n e w a l application 59(1) A licensee may apply for a renewal of the licence in a form and manner satisfactory to the D irector at any time prior to the expiry date of the licence.

(2) A t least 30 days prior to the expiry date of a licence the D irector must give notice to the licensee that the licence expires on the licence’s expiry date.

(3) If, after providing notice under subsection (2), the D irector does not receive an application for renewal on or before the licence’s expiry date, (

a) the licence expires on the licence’s expiry date, or (

b) if the D irector is of the opinion that the failure to apply is not the fault of the licensee, the D irector may amend the licence, either before or after the licence expires, to extend the expiry date for up to 6 months, and the licence is deemed to have been in effect from the expiry date until the D irector extended the expiry date so that the applicant has the opportunity to apply to renew the licence.

(4) If the D irector extends the expiry date of a licence under subsection (3)(b), the licensee may apply to renew the licence prior to the new expiry date and

section 60 applies to the application for the renewal.

(5) If a licence had expired when the expiry date was extended by an amendment under subsection (3), the licence is deemed to have been a valid licence from the time it expired until the date it was amended under subsection (3).

(6) If the D irector fails to give notice under subsection (2), the licence is deemed not to have expired on its expiry date and the licence is automatically renewed on the same terms and conditions for a period of one year. R enew al m ay issue 60(1) If an application for renewal is received by the D irector prior to the licence’s expiry date, the expiry date of the licence is extended by 6 months or for a longer or shorter time specified by the D irector, and the D irector must 52

(

a) renew the licence, or (

b) refuse to renew the licence in accordance with subsection (3), by the new expiry date of the licence.

(2) The D irector may extend the expiry date of a licence for the purposes of this section.

(3) The D irector may decide not to renew a licence only if (

a) the D irector is of the opinion that it is not in the public interest to renew the licence, (

b) the renewal of the licence would be inconsistent with an approved water management plan, (

c) the water conservation objective of a natural water body from which the diversion of water will be made is not being met, (

d) the renewal in the opinion of the D irector would cause a significant adverse effect on the aquatic environment, (

e) subject to the regulations, in the opinion of the D irector, (

i) there has been no diversion of any of the water allocated in the licence or there has been a failure or ceasing to exercise the rights granted under the licence over a period of 3 years, and (ii) there is no reasonable prospect that the licensee will resume diversion of all or part of the water specified in the licence or resume the exercise of the rights granted under the licence, or (

f) there is a term or condition of the licence that the licence is not renewable.

(4) If the D irector makes a decision not to renew a licence, the D irector must provide written reasons for the decision to the applicant for the renewal in a form and manner satisfactory to the D irector.

(5) A renewed licence has the same priority as the original licence and the D irector has the same powers and duties with respect to a renewal of a licence that the D irector has with respect to issuing a licence under

section 51(3). 53

P u b lic review of renew al 61(1) The D irector may, subject to the regulations, conduct a public review with respect to the renewal of a licence.

(2) A public review must be carried out in a form and manner determined by the D irector. Temporary Diversion Licence A pplication 62(1) A person who applies for a licence for the temporary diversion of water must (

a) make an application in a form and manner satisfactory to the D irector, (

b) submit the information required by the D irector, (

c) pay the required fees, and (

d) provide notice of the application in accordance with

Part 8.

(2) The D irector may require an applicant to submit any additional information the D irector considers necessary within any time period required by the D irector. Issuance o f tem porary d ive rsio n lice n ce 63(1) The D irector may issue a licence for the temporary diversion of water to any person subject to any terms and conditions the D irector considers appropriate.

(2) A licence for the temporary diversion of water may be issued only for a specified period of time of one year or less.

(3) The D irector may extend the expiry date of a licence for the temporary diversion of water, if the total period for which the licence is issued does not exceed one year.

(4) Notwithstanding subsections (2) and (3), the D irector may, on application, reissue a licence for a temporary diversion of water.

(5) Sections 18, 29, 30, 33, 50, 51, 52, 54, 55 and 56 and

Part 5 are not applicable to a licence for the temporary diversion of water.

(6) A holder of a licence for the temporary diversion of water may divert water through the use of another person’s works if the holder of the licence for the temporary diversion of water provides the written consent of the owner of the works to the D irector. 54

A m endm ent, suspension, ca n ce lla tio n 64 The D irector may, on the D irector’s own initiative, amend, suspend or cancel a licence for the temporary diversion of water. L ice n ce to be onsite 65 A licensee for the temporary diversion of water shall ensure that a copy of the licence is (

a) kept at the point of diversion, (

b) posted or otherwise made available as required by the D irector, (

c) produced in accordance with

Part 10, and (

d) if the water is transported by a vehicle, kept in the vehicle while the water is transported. Division 3 Preliminary Certificates Issuance o f p re lim in a ry certificates 66(1) If a person has applied for a licence, other than a licence for the temporary diversion of water, the D irector may issue a preliminary certificate under

section 51 to that person for the period of time stated in the preliminary certificate.

(2) The D irector may issue a preliminary certificate under

section 51 subject to any terms and conditions and for any specified period of time.

(3) In considering whether to issue a preliminary certificate, the D irector (

a) must consider, with respect to the applicable area of the Province, the matters and factors that must be considered in issuing a licence, as specified in an applicable approved water management plan, (

b) may consider any existing, potential or cumulative (

i) effects on the aquatic environment, (ii) hydraulic, hydrological and hydrogeological effects, and (iii) effects on household users, licensees and traditional agriculture users, that result or may result from the potential diversion of water, operation of a works or provision or maintenance of a rate of flow of water or water level requirements, and 55

(

c) may consider (

i) effects on public safety, (ii) with respect to irrigation, the suitability of the land for irrigated agriculture, and (iii) any other matters applicable to the preliminary certificate or licence that in the opinion of the D irector are relevant, including any water guideline, water conservation objective and water management plan,

(4) In a preliminary certificate the D irector (

a) must specify the conditions that must be complied with before a licence will be issued, including but not limited to a requirement for securing any necessary rights of way, (

b) must specify (

i) a volume of water and related terms and conditions that are to be included in a licence, and (ii) the priority number to be assigned to the licence, when the preliminary certificate holder fulfils all conditions specified in the preliminary certificate, (

c) must specify the date for submission of a certificate of completion by the preliminary certificate holder, (

d) may specify any other terms and conditions to be included in the licence that the D irector considers appropriate, including but not limited to the rate and timing of the diversion of water, when the preliminary certificate holder fulfils all the conditions specified in the preliminary certificate, and (

e) may specify that any further terms and conditions may be added to a licence that is issued subsequent to the preliminary certificate. C ertificate of com pletion 67 On completion of the conditions specified in a preliminary certificate, the preliminary certificate holder may submit, in a form and manner satisfactory to the D irector, a certificate of completion containing the information required by the D irector, confirming that the conditions referred to in

section 66(4)(

a) have been fulfilled. 56

Licence issues 68(1) If the holder of a preliminary certificate submits a certificate of completion that meets the requirements of

section 67, the D irector must (

a) issue a licence under

section 51, or (

b) if in the D irector’s opinion the conditions set out in the preliminary certificate have not been fulfilled, refuse to issue a licence.

(2) If the D irector issues a licence referred to in subsection (1), the D irector must include in the licence (

a) the volume of water and related terms and conditions specified in the preliminary certificate, and (

b) the number specified in the preliminary certificate.

(3) Notwithstanding subsection (2), (

a) if a certificate of completion indicates that (

i) a smaller volume of water will be diverted than the volume specified in the preliminary certificate, or (ii) there is a change in the rate or timing of the diversion of water from that specified in the preliminary certificate, the D irector may issue the licence for the same or a smaller volume of water and with a change in the rate or timing of the diversion of water, that corresponds to the changes specified in the certificate of completion, and (

b) if, in the D irector’s opinion, the capacity of the works constructed is insufficient to divert the volume of water specified in the preliminary certificate and any applicable approval, the D irector may issue the licence for the same or a smaller volume of water and with a change in the rate or timing of the diversion of water that corresponds to the capacity of the works.

(4) If a licence has been issued subsequent to a preliminary certificate, the licensee has only those rights provided in the licence and has no rights with respect to the preliminary certificate.

(5) If the holder of a preliminary certificate fails to submit a certificate of completion by the preliminary certificate’s expiry date, the preliminary certificate and the application for the licence become void on the date that the preliminary certificate expires. 57

P relim inary ce rtifica te extension 69(1) The D irector may extend the expiry date of a preliminary certificate for one or more periods provided that the total extended time is not longer than 2 years.

(2) Notwithstanding subsection (1), the Minister may extend the expiry date of a preliminary certificate for one or more periods of any length of time if the Minister considers that it is in the public interest to do so. P relim inary certificate am endm ent 70(1) If an amendment of a preliminary certificate does not result in an increase in the volume of water specified in the preliminary certificate, the D irector may, subject to the regulations, amend the preliminary certificate (

a) on the D irector’s own initiative, without the consent of the preliminary certificate holder, (

i) to correct a clerical error in a preliminary certificate, (ii) to amend a term or condition that relates to a monitoring, reporting or inspection requirement, (iii) if the D irector has received notice of a disposition of land or an undertaking to which a preliminary certificate is appurtenant to reflect the disposition, or (iv) if there is a term or condition of the preliminary certificate allowing the amendment, and (

b) on application by the preliminary certificate holder, including but not limited to an amendment (

i) to increase or decrease the rate of diversion of water specified in the preliminary certificate, (ii) to add a rate of diversion of water if none is specified in the preliminary certificate, (iii) to add terms and conditions to the preliminary certificate, (iv) to add or change the timing of diversion of water specified in the preliminary certificate, and (

v) to change the point of use of the diverted water 58

if in the D irector’s opinion there is not and will not be an adverse effect on the rights of any household user, licensee or traditional agriculture user and the proposed change will not adversely affect the ability to conserve or manage a water body.

(2) A n application under subsection (1)(

b) must be made in a form and manner satisfactory to the D irector.

(3) Notice of an application to amend an approval must be provided in accordance with

Part 8.

(4) Notwithstanding this section, the addition of or modifications to plans and specifications relating to a preliminary certificate that, in the opinion of the D irector, do not substantially change the terms and conditions of the preliminary certificate or the nature of the undertaking to which the preliminary certificate is appurtenant are deemed not to be an amendment for the purposes of this Part and Parts 8 and 9. P re lim in a ry certificate cancellation 71(1) The D irector may cancel a preliminary certificate (

a) on the request of the preliminary certificate holder, (

b) if it has been issued in error, (

c) if there is a default in any payment of any fees or other money owing by the preliminary certificate holder to the Government under this A ct, (

d) if, in the opinion of the D irector, there is a serious breach of any term or condition of the preliminary certificate, (

e) if the preliminary certificate holder has ceased to exercise the authority granted under an approval that is applicable to the preliminary certificate, (

f) if the preliminary certificate holder made a material misrepresentation in obtaining the preliminary certificate, (

g) if the preliminary certificate holder has been convicted of an offence under this A ct, other than an offence under

section 142(1)(j), (

o) or (p), (

h) if, in the opinion of the D irector, a significant adverse effect on human health or public safety occurred, occurs or may occur that was not reasonably foreseeable at the time the preliminary certificate was issued, or 59

(

i) if in the D irector’s opinion, subject to the regulations, a significant adverse effect on the aquatic environment occurred, occurs or may occur that was not reasonably foreseeable at the time the preliminary certificate was issued and compensation may be payable under

section 158.

(2) If a preliminary certificate has been cancelled, all rights of the preliminary certificate holder cease, and in addition to the D irector’s exercising any powers provided under Parts 7 and 10, the Government may recover any fees or other money owing by the holder of the cancelled preliminary certificate to the Government under this A ct. R uns w ith la n d 72(1) When issuing a preliminary certificate the D irector must specify in the preliminary certificate the land or the undertaking to which the preliminary certificate is appurtenant.

(2) A preliminary certificate (

a) is appurtenant to the land or undertaking specified in the preliminary certificate, (

b) is inseparable from the land or undertaking specified in the preliminary certificate, and (

c) runs with the land or undertaking on any disposition of the land or undertaking unless the Lieutenant Governor in Council orders otherwise. Division 4 Registration A pplication 73(1) If, on the date this A ct comes into force, (

a) a person owns land that adjoins a river, stream, lake, natural water course or other natural water body or owns land under which groundwater exists, and (

b) the owner or occupant of the land diverts water from the sources described in clause (

a) for the purposes of raising animals or applying pesticides to crops, as part of a farm unit, the person who owns the land may apply to register the amount of water diverted as described in clause (b).

(2) If, on the date this A ct comes into force, a person who occupies unpatented Crown land that adjoins a river, stream, lake, 60

natural water course or other natural water body or occupies land under which groundwater exists diverts water for the purposes of raising animals or applying pesticides to crops as part of a farm unit, the Government may apply, in accordance with this section, to register the diversion of that amount of water.

(3) Notwithstanding subsections (1) and (2), a registration of a diversion of water under this

section may not exceed 6250 cubic metres of water per year or the maximum amount specified in an applicable approved water management plan, whichever is greater.

(4) A n application for a registration of a diversion of water under this

section must (

a) be made in a form and manner satisfactory to the D irector, (

b) in the case of an application under subsection (1), be made by the person who owns the land in fee simple to which the registration is to be appurtenant, (

c) in the case of an application under subsection (2), be made by the Government, (

d) be made within 3 years after the date this A ct comes into force or after there is an approved water management plan that applies to the area of the Province where the land is located, whichever is earlier, (

e) be for the diversion of water for the purposes of raising of animals or applying pesticides to crops, as part of a farm unit, (

f) contain information and proof respecting (

i) the date of the first diversion of the water for the purposes of raising animals or applying pesticides to crops, as part of a farm unit, by any person on the land to which the registration is to be appurtenant, (ii) all sources of water used for the purposes of raising animals or applying pesticides to crops on the specified land, as part of a farm unit, (iii) a legal description of the land and the boundaries and size of the parcel of land to which the registration is to be appurtenant, (iv) estimates of the volumes and rates of water used for the purposes of raising animals or applying pesticides to crops, as part of a farm unit on the 61

specified land from the specified sources and where on the land the water is used, and (

v) any other information required by the D irector, (

g) be made to the D irector, and (

h) meet the requirements of the regulations.

(5) The D irector may require an applicant for a registration to submit any additional information the D irector considers necessary within any time period required by the D irector.

(6) The applicant for registration is responsible for providing the information required under this section. R egistration effected 74(1) Subject to

section 34, on receipt of an application for a registration that in the opinion of the D irector is complete, the D irector must register the diversion of water applied for for the purposes of raising animals or applying pesticides to crops, as part of a farm unit, unless the D irector is of the opinion that the information or proof provided by the applicant is incorrect, in which case the D irector may refuse to register the diversion of water.

(2) A registration is effected without an expiry date.

(3) The D irector may effect only one registration for a person unless the D irector is satisfied that the person (

a) is raising animals or applying pesticides to crops on a parcel of land that is distinct from any other parcel of land for which the person holds a registration, and (

b) the raising of animals or applying pesticides to crops is being done as part of a different farm unit from any other farm unit to which any other registration relates. (4) Subsection (3) does not apply to the Government with respect to unpatented Crown land. R egistration runs w ith la n d 75(1) When effecting a registration the D irector must specify in the registration the land to which the registration is appurtenant, the sources of water from which water may be diverted and the amount of water that may be diverted pursuant to the registration.

(2) A registration (

a) is appurtenant to the land specified in the registration, 62

(

b) is inseparable from the land specified in the registration, and (

c) runs with the land on any disposition of the land unless the Lieutenant Governor in Council orders otherwise. A ppeal 76(1) If a person has reasonable and probable grounds to believe that the priority number of a registration is incorrect, the person may by originating notice appeal the validity of the priority number to the Court of Queen’s Bench, and the Court may make any order to amend a registration as it considers appropriate.

(2) A n appeal to the Court of Queen’s Bench under subsection (1) must be made within 5 years after the registration is effected. A m endm ents 77(1) If an amendment does not result in an increase in the volume of the diversion of water, the D irector may amend a registration without the consent of the registrant (

a) in order to correct a clerical error in the registration, or (

b) if the D irector has received notice of a disposition of land to which a registration is appurtenant, to reflect the disposition.

(2) The D irector may amend a registration if in the opinion of the D irector all the persons affected by the registration have agreed to the amendment. S uspension, cancellation 78(1) The D irector may suspend or cancel a registration (

a) on the request of the registrant; (

b) if a registration has been issued in error; (

c) if there is an emergency or in the D irector’s opinion it is necessary for public safety purposes; (

d) if there is a default in any payment of any fees or other money owing by the registrant to the Government under this A ct; (

e) if, in the opinion of the D irector, the registrant made a material misrepresentation in obtaining the registration; (

f) if the registrant has been convicted of an offence under this A ct, other than an offence under

section 142(1)(j), (

o) or (p). 63

(2) If a registration has been cancelled or suspended, all rights of the traditional agriculture user with respect to the land to which the registration is appurtenant cease, and in addition to the D irector’s exercising any powers provided under Parts 7 and 10, the Government may recover any fees owing by the traditional agriculture user to the Government under this A ct. Division 5 Natural Flow Declaration N atural flow d e cla ra tio n 79(1) The D irector may declare that a drainage ditch, channel realignment or oxbow cutoff that has been created (

a) pursuant to an approval under this A ct, or (

b) without a permit, interim licence, including an updated and reissued interim licence or a supplementary interim licence, licence, approval or other authority under an A ct is a naturally occurring water body for the purposes of this A ct.

(2) If a declaration is made under subsection (1), (

a) the approval that authorized the activity or diversion of water that created the drainage ditch, channel realignment or oxbow cutoff expires on the date the declaration comes into effect, (

b) the drainage ditch, channel realignment or oxbow cutoff must be treated as a naturally occurring water body for the purposes of this A ct, and (

c) the approval holder and the owner of the land to which the approval was appurtenant is relieved of all further responsibilities with respect to the drainage ditch, channel realignment or oxbow cutoff.

PART 5 CHANGES IN OWNERSHIP, TRANSFERS Division 1 Changes in Ownership L a n d , undertaking dispositions 80(1) Unless exempted in the regulations, if an approval holder, preliminary certificate holder, licensee or registrant disposes of land or an undertaking to which an approval, preliminary certificate, licence or registration is appurtenant, the approval holder, preliminary certificate holder, licensee or registrant must notify the 64

D irector in writing of that disposition in a form and manner satisfactory to the D irector.

(2) If the owner of land to which an approval, preliminary certificate or licence is appurtenant is not the approval holder, preliminary certificate holder or licensee and the owner of land disposes of the land or the undertaking, the owner and the approval holder, preliminary certificate holder or licensee must notify the D irector in writing of that disposition in a form and manner satisfactory to the D irector.

(3) If an owner of land, approval holder, preliminary certificate holder, licensee or registrant who disposes of land or an undertaking to which the approval, preliminary certificate, licence or registration is appurtenant fails to provide notice to the D irector in accordance with this section, the owner of the land, approval holder, preliminary certificate holder, licensee or registrant and the purchaser of the land or undertaking to which the approval, preliminary certificate, licence or registration is appurtenant (

a) are jointly and severally liable for carrying out the duties and responsibilities specified in the approval, preliminary certificate, licence or registration, and (

b) are subject to the duties and obligations under this A ct including those related to the approval, preliminary certificate, licence or registration.

(4) In addition to the ability to issue a water management order to a person who has purchased land or an undertaking to which an approval, preliminary certificate, licence or registration is appurtenant, if the D irector has not received a notification under this section, the D irector may issue a water management order to the land owner, approval holder, preliminary certificate holder, licensee or registrant who has disposed of the land or undertaking.

(5) Notwithstanding subsections (1) to (4), if (

a) the D irector receives notice of a disposition of land or an undertaking in a manner other than from the land owner, approval holder, preliminary certificate holder, licensee or registrant, and (

b) the approval, preliminary certificate, licence or registration has been amended to reflect the disposition referred to in clause (a), all previous land owners, approval holders, preliminary certificate holders, licensees and registrants are relieved of their obligations under this section. 65

Division 2 Transferring Water Allocations T ra n sfe r application 81(1) A n application for a transfer of an allocation of water under a licence must be made to the D irector and (

a) must be made in a form and manner satisfactory to the D irector, (

b) must contain or be accompanied by any information required by the D irector, (

c) must be accompanied by the required fees, and (

d) may be made with respect to all or part of an allocation of water under a licence.

(2) The D irector may require an applicant to submit any additional information that the D irector considers necessary within any time period required by the D irector.

(3) If an application under this

section is made by a person other than the licensee, the written consent of the licensee must be provided to the D irector with the application.

(4) If the applicant for a transfer of an allocation of water under a licence does not own the land in fee simple or the undertaking to which the new licence is to be appurtenant, the written consent of the owner of the land or undertaking to which the new licence is to be appurtenant must be provided to the D irector with the application for the transfer of the allocation.

(5) If the licensee does not own the land in fee simple or the undertaking to which the licence is appurtenant, the written consent of the owner of the land or the undertaking must be provided to the D irector with the application for the transfer of the allocation of water under a licence.

(6) The D irector must conduct a public review of a proposed transfer of an allocation of water under a licence, in a form and manner that the D irector considers appropriate.

(7) A n application for a transfer of an allocation of water under a licence may be considered only if (

a) the ability to transfer an allocation in the area of the Province referred to in the application has been authorized (

i) in an applicable approved water management plan, or 66

(ii) if there is no applicable approved water management plan, by an order of the Lieutenant Governor in Council, (

b) the proposed transfer of an allocation is not from a licence that was issued as a result of a previous transfer where the transferred allocation is to revert back to the original licence, and (

c) the allocation of water to be transferred is held under a licence in good standing. T ransfer approved, lice n ce issu e s 82(1) Subject to this

section and sections 34, 81 and 83, on application, the D irector may (

a) approve the transfer of an allocation of water under a licence and, subject to subsections (6) and (7)(b), issue a new licence for the transferred allocation of water subject to any terms and conditions that the D irector considers appropriate, including specifying in the licence the land or undertaking to which the licence is appurtenant, or (

b) refuse to approve the transfer of an allocation.

(2) A transfer of an allocation of water under a licence may be made (

a) with respect to all or part of an allocation of water from a licence, and (

b) either permanently or for a specified period of time.

(3) The D irector may approve a transfer of an allocation of water under a licence only if (

a) the volume of water to be transferred does not exceed the volume of water under the licence from which the transfer of the allocation is to be made, (

b) the transfer of the allocation, in the opinion of the D irector, does not impair the exercise of rights of any household user, traditional agriculture user or other licensee other than household user, traditional agriculture user or other licensee who has agreed in writing that the transfer of the allocation may take place, and (

c) the transfer, in the opinion of the D irector, will not cause a significant adverse effect on the aquatic environment. 67

(4) A n allocation of water with respect to the following may not be transferred: (

a) a licence for a temporary diversion of water; (

b) a licence issued as a result of a previous transfer if the transferred allocation is to revert back to the original licence after a specified period of time; (

c) a right to divert water for household purposes; (

d) a right to divert water pursuant to a registration; (

e) a right to divert water pursuant to an approval; (

f) an anticipated right to divert water pursuant to a preliminary certificate.

(5) In making a decision under subsection (1), the D irector (

a) must consider, with respect to the applicable area of the Province, the matters and factors that must be considered in approving a transfer of an allocation of water under a licence, as specified in an applicable approved water management plan, (

b) may consider any existing, potential or cumulative (

i) effects on the aquatic environment and any applicable water conservation objective, (ii) hydraulic, hydrological and hydrogeological effects, and (iii) effects on household users, traditional agriculture users and other licensees, that result or may result from the transfer of the allocation, and (

c) may consider (

i) effects on public safety, (ii) with respect to irrigation, the suitability of the land to which the allocation of water is to be transferred for irrigated agriculture, (iii) the allocation of water that the licensee has historically diverted under the licence, and 68

(iv) any other matters applicable to the transfer of the allocation that the D irector considers relevant.

(6) When the D irector issues a new licence with respect to a transfer of an allocation of water under a licence under subsection (1)(a), (

a) if only part of an allocation of water under a licence is transferred permanently, the D irector may amend the terms and conditions of the licence from which the transfer of the allocation of water is made (

i) with respect to the rate of flow and volume of water diverted, and (ii) to give effect to the transfer, and may make amendments, in addition to those described in subclauses (

i) and (ii), if they are within the D irector’s powers to amend under

section 54, (

b) if all of the water allocated under the licence from which the transfer is made is transferred permanently, the D irector must cancel the licence from which the transfer is made, or (

c) if all or part of an allocation of water is to revert back to the original licence, the D irector may amend the licence from which the transfer is made in accordance with clause (

a) and issue a new licence to give effect to the transfer.

(7) If a transfer of an allocation of water under a licence is approved, (

a) the licence from which the transfer is made retains the priority number assigned to it before the transfer if the licence is not cancelled under subsection (6)(b), and (

b) the new licence that is issued in respect of the transferred allocation (

i) must be given the same priority number as the licence from which the allocation was transferred, and (ii) is appurtenant to the land or the undertaking specified in the new licence.

(8) On the expiry of a licence issued to transfer an allocation of water under a licence that is to revert back to the original licence, (

a) the new licence that expired is void, 69

(

b) the allocation of water under the new licence that expired reverts back to the licence from which the transfer of the allocation was made, and (

c) the D irector may, subject to the regulations, take any necessary steps to reverse the transfer, including but not limited to amending the licence from which the transfer was made. W ater conservation holdback 83(1) If the D irector is of the opinion that withholding water is in the public interest to protect the aquatic environment or to implement a water conservation objective, and the ability to withhold water has been authorized in an applicable approved water management plan or order of the Lieutenant Governor in Council, the D irector may withhold up to 10% of an allocation of water under a licence that is being transferred.

(2) A withholding of an allocation of water under subsection (1) may be made only at the time a new lice

Document details

Collection	Alberta — Bills
Citation	L23 S4 1163
Type	bill
Volume / chapter	L23 S4 1163
Language	en
Format	json
Source	PROVINCIAL
Identifier	66644754b0800626608414280511f732e1edb23a

Source file is stored in the law ingest library (json).