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Volume 59, No. 3

42/2016

The British Columbia Gazette,

Part II

March 8, 2016

B.C. Reg. 42/2016 , deposited February 29, 2016, under the OFFENCE ACT [section 132]. Order in Council 116/2016, approved and ordered February 29, 2016.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective February 29, 2016, the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended as set out in the attached Appendix.

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

Appendix

Schedule 1 of the Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97, is amended in items 1B (q), 9B (

i) and 28B (c)

(

a) in column 2 by striking out “ Water Act ” in both places and substituting “ Water Sustainability Act ”, and

(

b) in column 3 by striking out “ Sections 93 (2) (

a) and 94 (1) (

f) of the Water Act ” and substituting “ Sections 106 (2) (

a) and 107 (1) (

h) of the Water Sustainability Act ”.

Schedule 2 is amended by striking out the heading “ Water Act ” and the items under it and substituting the following as indicated:

Victim

Surcharge

Levy

Ticketed

Amount

Provision

Contravention

Fine

Water Sustainability Act

section 106 (2) (b) (

i) Divert water from a stream or aquifer without lawful authority

$200

$30

$230

section 106 (2) (b) (ii)

Make changes in and about a stream without lawful authority

$200

$30

$230

section 106 (2) (b) (iii)

Without lawful authority, willfully destroy, damage or interfere with authorized works or works constructed in accordance with the regulations

$200

$30

$230

section 106 (2) (b) (iv)

Without lawful authority lay or cause to be laid a pipe or construct or cause to be constructed a ditch or other conduit for the purpose of connecting with the works of an authorization holder

$200

$30

$230

section 106 (2) (b) (

v) Construct, maintain, operate or use works without lawful authority

$200

$30

$230

section 106 (2) (b) (vi)

Open or close a hydrant used for fire protection, or obstruct free access to or damage a hydrant stop cock or hydrant accessory, without lawful authority

$200

$30

$230

section 106 (2) (b) (vii)

Without lawful authority engage in the business of operating works to carry water for others

$200

$30

$230

section 106 (2) (

c) Willfully destroy a notice posted by an applicant, an engineer, an officer or a water bailiff

$200

$30

$230

section 106 (2) (

d) Fail to do anything in accordance with the regulations that is required under the Act to be done in accordance with the regulations

$200

$30

$230

section 106 (2) (e) (

i) Destroy, injure or tamper with works belonging to or placed by an applicant, authorization or change approval holder or a person acting on behalf of the government of British Columbia or Canada

$200

$30

$230

section 106 (2) (e) (ii)

Destroy, injure or tamper with a gauge, weir, measuring device, structure, appliance, cable, boat, instrument or tool belonging to or placed by an applicant, authorization or change approval holder or a person acting on behalf of the government of British Columbia or Canada

$200

$30

$230

section 106 (3) (

a) Divert or use water contrary to

section 6 (1), except as authorized under

section 6 (2), (3) or (4) or an order

$200

$30

$230

section 106 (3) (

b) Contravene

section 6 (2) (

a) by failing to restore the stream flow to its channel after diverting for firefighting purposes

$350

$53

$403

section 106 (3) (

c) Without holding an authorization, divert recorded water from an aquifer or a stream for prospecting for a mineral or from a stream for domestic purpose when the regulations require an authorization

$200

$30

$230

section 106 (3) (

d) Divert unrecorded water from an aquifer or a stream for prospecting for a mineral or from a stream for domestic purpose when prohibited by regulation

$200

$30

$230

section 106 (3) (

e) Under

section 6 (4) divert or store water from an aquifer when the regulations provide that

section 6 (4) does not apply to the person

$200

$30

$230

section 106 (3) (

f) Divert, store or use water under the regulations when prohibited by regulation

$200

$30

$230

section 106 (3) (

g) Divert more water than the person is authorized to divert under licence or use approval

$200

$30

$230

section 106 (3) (

h) Divert water for a water use purpose not specified in person’s licence or use approval

$200

$30

$230

section 106 (3) (

i) Divert water when prohibited by licence or use approval from diverting water

$200

$30

$230

section 106 (3) (j) (

i) Construct, operate or use works that are not authorized by a licence, use approval, change approval, permit, drilling authorization or by another enactment to divert, store or use water

$200

$30

$230

section 106 (3) (j) (ii)

Construct, operate or use works that are not constructed, operated or used in accordance with the regulations to divert, store or use water

$200

$30

$230

section 106 (3) (

k) Breach a term or condition of an authorization, change approval, permit or drilling authorization that does not relate to a sensitive stream

$200

$30

$230

section 106 (3) (

l) Fail to comply with direction under

section 23 (3) within the time specified

$200

$30

$230

section 106 (3) (

m) Fail to comply with a direction under

section 23 (3) (a)

$200

$30

$230

section 106 (3) (

n) Flood Crown land, or construct, operate or maintain works on Crown land, without a permit under the Act or permission under other enactment, contrary to

section 24 (2)

$200

$30

$230

section 106 (3) (

o) Fail to give notice of disposition of appurtenancy, contrary to

section 25 (2)

$200

$30

$230

section 106 (3) (

p) Fail to construct, operate, inspect, maintain or repair works as required under

section 29 (2)

$200

$30

$230

section 106 (3) (

q) Fail to deactivate or decommission works as and when required under

section 29 (3)

$200

$30

$230

section 106 (3) (

r) Fail to make beneficial use of water diverted by the person

$200

$30

$230

section 106 (4) (

a) Fail to submit beneficial use declaration when directed under

section 30 (2)

$200

$30

$230

section 106 (4) (

b) Fail to provide information required under

section 30 (3) or results of water conservation audit required under

section 30 (4)

$200

$30

$230

section 106 (4) (

c) Fail to take measures as and when required under order under

section 30 (5)

$200

$30

$230

section 106 (4) (

d) Fail to provide information as and when directed under

section 30 (6)

$200

$30

$230

section 106 (4) (

e) Fail to provide information required under

section 30 (3) or results of water conservation audit required under

section 30 (4) at the time specified

$200

$30

$230

section 106 (4) (f)

$200

$30

$230

section 106 (4) (

g) Interfere with works or licensee on land in respect of which licensee is diligently prosecuting expropriation

$350

$53

$403

section 106 (4) (

h) Fail to give notice in accordance with

section 34 before altering, moving, filling in or otherwise interfering with works

$200

$30

$230

section 106 (4) (

i) Fail to take steps to expropriate land when required

$200

$30

$230

section 106 (4) (

j) Fail to comply with an order under

section 36 for joint construction or joint use of works

$200

$30

$230

section 106 (4) (k)

$200

$30

$230

section 106 (4) (l)

$200

$30

$230

section 106 (4) (

m) Fail to pay amount owing to a water bailiff under and in accordance with

section 38

$200

$30

$230

section 106 (4) (

n) Contravene

section 46 (1) by introducing, allowing or causing to be introduced matter or substance into stream in prohibited quantity or manner

$350

$53

$403

section 106 (4) (

o) Construct a well, close a well or install a well pump or wellhead without holding the required qualifications

$350

$53

$403

section 106 (4) (

o) Disinfect a well without holding the required qualifications

$100

$15

$115

section 106 (4) (

o) Perform an activity in relation to a well, other than constructing, closing or disinfecting a well or installing a well pump or wellhead, without holding the required qualifications

$200

$30

$230

section 106 (4) (

p) Fail to comply with

section 49 (4)

$500

$75

$575

section 106 (4) (q) (

i) Fail to comply with the applicable regulations when constructing or decommissioning a well

$350

$53

$403

section 106 (4) (q) (

i) Fail to comply with the applicable regulations when deactivating a well

$100

$15

$115

section 106 (4) (q) (

i) Fail to comply with the applicable regulations when disinfecting a well

$100

$15

$115

section 106 (4) (q) (ii)

Fail to comply with the applicable regulations when installing a well pump or wellhead

$350

$53

$403

section 106 (4) (q) (ii)

Fail to comply with the applicable regulations when performing activities in relation to a well pump or a wellhead or conducting a flow test or disinfecting a well pump

$200

$30

$230

section 106 (4) (

r) Fail to provide proof of qualifications when required

$200

$30

$230

section 106 (4) (

s) Fail to carry the prescribed amount of liability insurance when required

$200

$30

$230

section 106 (4) (

t) Fail to provide proof of liability insurance when required

$200

$30

$230

section 106 (5) (

a) Fail to stop or bring artesian flow under control or give notice as and when required

$350

$53

$403

section 106 (5) (

b) Fail to engage a qualified well driller or a professional or to ensure that that person stops or brings artesian flow under control

$350

$53

$403

section 106 (5) (

c) Fail to secure well cap or well cover or removes well cap or well cover when not authorized

$200

$30

$230

section 106 (5) (

d) Fail to replace well cap or well cover when required

$200

$30

$230

section 106 (5) (

e) Fail to attach identification plate to a well or wellhead or to remove identification plate when required

$100

$15

$115

section 106 (5) (

f) Destroy, injure or tamper with identification plate attached to a well or wellhead

$100

$15

$115

section 106 (5) (

g) Fail to deactivate well when required

$200

$30

$230

section 106 (5) (

g) Fail to decommission a well when required

$350

$53

$403

section 106 (5) (

h) Fail to maintain, retain, produce or submit a well report when required

$200

$30

$230

section 106 (5) (

i) Operate a well contrary to

section 58

$350

$53

$403

section 106 (5) (

j) Perform an activity for which a drilling authorization is required without holding a drilling authorization

$350

$53

$403

section 106 (5) (

k) Introduce, allow or cause to be introduced into a well anything contrary to

section 59 (1)

$350

$53

$403

section 106 (5) (

l) Fail to take or cause to be taken and analyzed a groundwater sample when required

$200

$30

$230

section 106 (5) (

m) Tamper with a groundwater sample required to be taken under

section 63

$500

$75

$575

section 106 (5) (

n) Fail to submit the results of a groundwater analysis as and when required

$200

$30

$230

section 106 (5) (

o) Fail to comply, other than willfully, with an order of the comptroller, a water manager or an engineer

$200

$30

$230

section 106 (5) (

p) Fail to keep information and records as required under

section 116 (1)

$200

$30

$230

section 106 (5) (

q) Fail to keep information and records for the prescribed period under

section 116 (1)

$100

$15

$115

section 106 (5) (

r) Fail to produce records when required under

section 116 (2) (a)

$100

$15

$115

section 106 (5) (

s) Fail to provide records to persons as required under

section 116 (2) (b)

$200

$30

$230

section 106 (5) (

t) Fail to install works, prepare reports or submit reports as required under

section 116 (3)

$200

$30

$230

section 106 (5) (

u) Knowingly contravene

section 116 (5)

$500

$75

$575

section 107 (1) (

a) Fail to comply with a term or condition of an authorization, change approval, permit or drilling authorization that relates to a sensitive stream

$350

$53

$403

section 107 (1) (

b) Construct a bank-to-bank dam on a protected river

$500

$75

$575

section 107 (1) (

c) Fail to comply with an order under

section 47 (1) or (2) in relation to foreign matter in a stream

$500

$75

$575

section 107 (1) (

d) Fail to comply with an order under

section 60 (1), (2), (3) or (4) in relation to foreign matter in an well

$500

$75

$575

section 107 (1) (

e) Contravene a fish population protection order under

section 88

$500

$75

$575

section 107 (1) (

f) Construct, place, maintain or make use of an obstruction in the channel of a stream without lawful authority

$200

$30

$230

section 107 (1) (

g) Drill or alter a well, install a well pump or conduct a flow test when prohibited

$500

$75

$575

section 107 (1) (

i) Willfully contravene an order of the comptroller, a water manager or an engineer

$200

$30

$230

section 107 (1) (

j) Willfully interfere with works in respect of which the comptroller, a water manager, an engineer, an officer or a water bailiff has taken action

$500

$75

$575

Dam Safety Regulation

section 28 (1) (

a) Fail to determine or redetermine the classification of a dam

$200

$30

$230

section 28 (1) (

b) Fail to submit to a dam safety officer a record setting out a proposed classification or new classification for a dam

$200

$30

$230

section 28 (1) (

c) Fail to properly inspect, maintain or repair a dam or related works

$350

$53

$403

section 28 (1) (

d) Fail to exercise reasonable care to avoid risk of significant harm

$350

$53

$403

section 28 (1) (

e) Fail to exercise reasonable care to safeguard a dam from unauthorized operation

$350

$53

$403

section 28 (2) (

a) Fail to review or revise an operation, maintenance and surveillance manual

$200

$30

$230

section 28 (2) (

b) Fail to submit to a dam safety officer a record relating to an operation, maintenance and surveillance manual

$200

$30

$230

section 28 (2) (

c) Fail to follow an operation, maintenance and surveillance manual

$350

$53

$403

section 28 (2) (

d) Fail to deliver a record to a local emergency authority

$200

$30

$230

section 28 (2) (

e) Fail to review or revise a dam emergency plan

$200

$30

$230

section 28 (2) (

f) Fail to submit to a dam safety officer a record relating to a dam emergency plan

$200

$30

$230

section 28 (2) (

g) Fail to prepare or submit to a dam safety officer or deliver to a local emergency authority a record relating to the emergency contact for a dam

$200

$30

$230

section 28 (2) (

h) Fail to review or revise a record relating to the emergency contact for a dam

$200

$30

$230

section 28 (2) (

i) Fail to submit to a dam safety officer a record relating the emergency contact for a dam

$200

$30

$230

section 28 (2) (

j) Fail to ensure that information signs are posted

$200

$30

$230

section 28 (3) (

a) Fail to submit to a dam safety officer a record respecting an activity at or near a dam

$200

$30

$230

section 28 (3) (

b) Fail to notify a dam safety officer of a potential safety hazard

$350

$53

$403

section 28 (3) (

c) Fail to give notice of a proposed activity at a dam

$200

$30

$230

section 28 (3) (

d) Fail to prepare or submit to a dam safety officer a plan for an activity at a dam

$200

$30

$230

section 28 (3) (

e) Fail to implement a plan relating to a potential safety hazard

$200

$30

$230

section 28 (3) (

f) Begin an activity at a dam before a plan has been accepted by a dam safety officer

$200

$30

$230

section 28 (3) (

g) Fail to ensure that an invasive investigation is supervised by a qualified engineering professional

$350

$53

$403

section 28 (4) (

a) Fail to conduct a site surveillance of a dam

$200

$30

$230

section 28 (4) (

b) Fail to conduct a formal inspection of a dam

$200

$30

$230

section 28 (4) (

c) Fail to test the operation of mechanical components of a dam

$200

$30

$230

section 28 (4) (

d) Fail to test the operation of electrical or communication equipment

$200

$30

$230

section 28 (4) (

e) Fail to record the results of a site surveillance, formal inspection or test

$200

$30

$230

section 28 (4) (

f) Fail to install, maintain or replace instrumentation

$350

$53

$403

section 28 (4) (

g) Fail to collect, analyze or interpret instrumentation readings

$200

$30

$230

section 28 (4) (

h) Fail to submit to a dam safety officer record or a plan relating to instrumentation

$200

$30

$230

section 28 (4) (

i) Install, modify, replace or remove instrumentation before a notice or plan has been accepted by a dam safety officer

$200

$30

$230

section 28 (4) (

j) Fail to ensure that a qualified engineering professional carries out a review of and prepares a report on the safety of a dam

$200

$30

$230

section 28 (4) (

k) Fail to submit to a dam safety officer a report on the safety of a dam

$200

$30

$230

section 28 (4) (

l) Fail to submit to a dam safety officer information or a record

$200

$30

$230

section 28 (4) (

m) Fail to submit to the comptroller or a water manager a copy of a report of an independent expert

$200

$30

$230

section 29 (1) (

a) Fail to follow a dam emergency plan

$500

$75

$575

section 29 (1) (

b) Fail to operate a dam as required or initiate a remedial action at a dam

$500

$75

$575

section 29 (1) (

c) Fail to inform or advise a person or other entity respecting hazardous conditions

$500

$75

$575

section 29 (1) (

d) Fail to inform the comptroller, a water manager or a dam safety officer respecting hazardous conditions

$500

$75

$575

section 37 (1) (

a) Fail to determine or redetermine the classification of a dam

$200

$30

$230

section 37 (1) (

b) Fail to submit to a dam safety officer a record setting out a proposed classification or new classification for a dam

$200

$30

$230

section 37 (1) (

c) Fail to prepare an operation, maintenance and surveillance manual

$200

$30

$230

section 37 (1) (

d) Fail to submit to a dam safety officer an operation, maintenance and surveillance manual

$200

$30

$230

section 37 (1) (

e) Fail to prepare a dam emergency plan

$200

$30

$230

section 37 (1) (

f) Fail to submit to a dam safety officer a dam emergency plan

$200

$30

$230

section 37 (1) (

g) Fail to review or revise a dam emergency plan

$200

$30

$230

section 37 (1) (

h) Fail to submit to a dam safety officer a record relating to a dam emergency plan

$200

$30

$230

section 37 (1) (

i) Fail to deliver a record to a local emergency authority

$200

$30

$230

section 37 (2) (

a) Fail to conduct a site surveillance of a dam

$200

$30

$230

section 37 (2) (

b) Fail to conduct a formal inspection of a dam

$200

$30

$230

section 37 (2) (

c) Fail to test the operation of mechanical components of a dam

$200

$30

$230

section 37 (2) (

d) Fail to test the operation of electrical or communication equipment

$200

$30

$230

section 37 (2) (

e) Fail to collect, analyze or interpret instrumentation readings

$200

$30

$230

section 37 (2) (

f) Fail to ensure that a qualified engineering professional carries out a review of and prepares a report on the safety of a dam

$200

$30

$230

section 37 (2) (

g) Fail to submit to a dam safety officer a report on the safety of a dam

$200

$30

$230

Groundwater Protection Regulation

section 82 (1) (

a) Fail to advise comptroller of changes to information in the register

$200

$30

$230

section 82 (1) (

b) Fail to advise comptroller of ceasing to work in Canada as a well driller or well pump installer

$200

$30

$230

section 82 (2)

Fail to remove a well pit

$350

$53

$403

section 82 (3)

Fail to upgrade or replace existing hand pumps in water supply wells

$350

$53

$403

section 82 (4) (

a) Fail to protect a well identification plate from physical damage

$100

$15

$115

section 82 (4) (

b) Fail to ensure that a well identification plate remains securely attached to the well and plainly visible

$100

$15

$115

section 82 (4) (

c) Fail to report the loss or damage of a well identification plate to the comptroller and request a replacement

$100

$15

$115

section 82 (4) (

d) Fail to attach a replacement well identification plate as required

$100

$15

$115

section 82 (5) (

a) Fail to ensure that the surface of the ground immediately around the wellhead of a well remains sloped to prevent ponding around the wellhead

$200

$30

$230

section 82 (5) (

b) Fail to ensure that access to the well and wellhead is maintained for inspection purposes

$200

$30

$230

section 82 (5) (

c) Fail to ensure that area immediately around the wellhead is kept clear of obstructions

$200

$30

$230

section 82 (6)

Fail to ensure that water is conveyed away from a well sump, well pit or pump house as required

$350

$53

$403

section 82 (7) (

a) Fail to comply with the storage requirements by leaving, storing or allowing to accumulate foreign matter within 3 m of the wellhead of a water supply well

$350

$53

$403

section 82 (7) (

b) Fail to ensure that foreign matter left, stored or allowed to accumulate more than 3 m from the wellhead of a water supply well does not travel to within 3 m of the wellhead

$350

$53

$403

section 82 (8)

Fail to configure a wellhead or equip a well as required

$350

$53

$403

section 82 (9) (

a) Fail to ensure that any equipment installed to control artesian flow and prevent flow of water back into the well is maintained as required

$350

$53

$403

section 82 (9) (

b) Fail to ensure that any equipment installed to control artesian flow and prevent flow of water back into the well is protected from damage caused by freezing

$350

$53

$403

section 82 (9) (

c) Fail to ensure that any equipment installed to control artesian flow and prevent flow of water back into the well is not removed except as permitted

$350

$53

$403

section 82 (9) (

d) Fail to ensure that any equipment installed to control artesian flow and prevent flow of water back into the well that is removed for permitted purposes is replaced as and when required

$350

$53

$403

section 82 (10)

Fail to complete and submit a well identification report

$200

$30

$230

Water Sustainability Regulation

section 54 (1) (

a) Fail to report to Oil and Gas Commission within 72 hours, contrary to

section 39 (6) (a)

$200

$30

$230

section 54 (1) (

b) Fail to take an action ordered under the Oil and Gas Activities Act , contrary to

section 39 (6) (b)

$200

$30

$230

section 54 (1) (

c) Fail to provide information on request of engineer, officer or habitat officer, contrary to

section 41 (1)

$200

$30

$230

section 54 (1) (

d) Fail to complete authorized change in and about a stream without delay, contrary to

section 41 (2)

$200

$30

$230

section 54 (1) (

e) Fail to ensure authorized change is designed, constructed and maintained to not pose significant risk of harm, contrary to

section 41 (3)

$350

$53

$403

section 54 (1) (

f) Fail to report non-compliance, contrary to

section 42 (1) (a)

$200

$30

$230

section 54 (1) (

g) Fail to take measures specified by an engineer, contrary to

section 42 (1) (b)

$200

$30

$230

section 54 (1) (h)

$200

$30

$230

section 54 (1) (

i) Disturb or remove stable natural materials or vegetation, contrary to

section 43 (1) (b)

$200

$30

$230

section 54 (1) (

j) Fail to remove temporary material and works, contrary to

section 43 (1) (c)

$200

$30

$230

section 54 (1) (

k) Fail to report damage, contrary to

section 44 (3) (a)

$200

$30

$230

section 54 (1) (

l) Fail to restore and repair aquatic ecosystem, contrary to

section 44 (3) (b)

$200

$30

$230

section 54 (1) (

m) Adversely affect water supply or works of other person, contrary to

section 45 (1)

$200

$30

$230

section 54 (1) (

n) Fail to give notice, contrary to

section 45 (2) (a)

$200

$30

$230

section 54 (1) (

o) Fail to provide adequate water supply, contrary to

section 45 (2) (b)

$200

$30

$230

section 54 (2) (

a) Fail to remove pump, equipment or material, contrary to

section 48 (7)

$200

$30

$230

section 54 (2) (

b) Divert water from a stream when prohibited, contrary to

section 49 (1)

$200

$30

$230

section 54 (2) (

c) Cause a disturbance of the stream channel or stable natural materials, contrary to

section 49 (3) (a)

$200

$30

$230

section 54 (2) (

d) Cause significant risk of harm to public safety, environment, land or property, contrary to

section 49 (3) (b)

$200

$30

$230

section 54 (2) (

e) Adversely affect the water supply or works of person lawfully diverting and using water, contrary to

section 50

$200

$30

$230

section 54 (3) (

a) Divert and use deep groundwater for a water purpose use other than oil and gas purpose, contrary to

section 52 (2) (a)

$200

$30

$230

section 54 (3) (

a) Divert and use deep groundwater without a well permit, contrary to

section 52 (2) (b)

$200

$30

$230

section 54 (3) (

a) Divert recorded water when diverting deep groundwater, contrary to

section 52 (2) (c)

$200

$30

$230

section 54 (3) (

a) Divert or use deep groundwater outside the subject area, contrary to

section 52 (2) (d)

$200

$30

$230

section 54 (3) (

a) Adversely affect water supply of another person when diverting water, contrary to

section 52 (1) (e)

$200

$30

$230

section 54 (3) (

b) Fail to cease diversion and use when adversely affecting rights of other person, contrary to

section 53 (2) (a)

$200

$30

$230

section 54 (3) (

b) Fail to cease diversion and use when ordered, contrary to

section 53 (2) (b)

$200

$30

$230

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