April 11, 2001

1421132707/01009/tlc01009_f

E3tlc01009

Introductory Provisions

Definitions

In this Act:

aquifer has the same meaning as in

section 1 (1) of the Water Sustainability Act ;

assessment means an assessment under

section 18 [water source and system assessments] ;

construction permit means a permit required under

section 7 [construction permits and requirements for water supply

systems] ;

delegate means a person to whom authority is delegated under

section 3

(4) [drinking water officer delegation] ;

domestic purposes means the use of water for

human consumption, food preparation or sanitation,

household purposes not covered by paragraph (a), or

other prescribed purposes;

domestic water system means a system by which water is

provided or offered for domestic purposes, including

works used to obtain intake water,

equipment, works and facilities used for treatment, diversion, storage,

pumping, transmission and distribution,

any other equipment, works or facilities prescribed by regulation as being

included,

a tank truck, vehicle water tank or other prescribed means of transporting

drinking water, whether or not there are any related works or facilities,

and

the intake water and the water in the system,

but excluding equipment, works or facilities prescribed by regulation as being

excluded;

drill , in relation to a well, has the same meaning as in

section 1 (1) of the Water Sustainability Act ;

drinking water means water used or intended to be used for

domestic purposes;

drinking water health hazard means

a condition or thing in relation to drinking water that does or is likely

endanger the public health, or

prevent or hinder the prevention or suppression of disease,

a prescribed condition or thing, or

a prescribed condition or thing that fails to meet a prescribed

standard;

drinking water officer means a drinking water officer under

section

3 [drinking water officers] ;

drinking water protection plan means a drinking water

protection plan approved by the Lieutenant Governor in Council under

section 34 [approval of drinking water protection plan] ;

drinking water source means a stream, reservoir, well or

aquifer from which drinking water is taken;

groundwater has the same meaning as in

section 1 (1) of the Water Sustainability Act ;

immediate reporting standard means, in relation to a water

supply system, a standard established by regulation or operating permit as an immediate

reporting standard for the purposes of

section 12 [notice if immediate reporting standard not met] ;

intake water means, in relation to a domestic water system,

the water at or near the point of intake into the system;

issuing official means a person authorized under the

regulations to issue a construction permit, operating permit or other permit required

under this Act;

laboratory means a corporation, agency or other person

engaged in conducting analyses for the purposes of this Act;

local authority means

a local government,

an improvement district, as defined in the Local Government

Act , that is responsible for the provision of drinking

water,

b.1

a greater board, as defined in the Community

Charter , that is responsible for the provision of drinking

water, and

a local body prescribed by regulation as a local authority for the purposes of

the provision in which the term appears;

local government means

the council of a municipality,

the board of a regional district, and

a local trust committee under the Islands Trust

Act ;

medical health officer has the same meaning as in the

Public Health Act ;

operating permit means a permit under

section 8 [operating permits and requirements for water supply

systems] ;

owner in relation to a water supply system

includes

a person who is

responsible for the ongoing operation of the water supply system,

in charge of managing that operation, and

parts of the water supply system are owned by different persons,

all or part of the system is jointly owned by different persons,

all of those persons;

potable water means water provided by a domestic water system

that

meets the standards prescribed by regulation, and

is safe to drink and fit for domestic purposes without further

treatment;

prescribed water supply system means a water supply system

that is of a class prescribed by regulation or is prescribed by regulation;

private dwelling means

a structure that is occupied as a private residence, or

if only part of a structure is occupied as a private residence, that part of

the structure;

Provincial health officer has the same meaning as in the

Public Health Act ;

stream has the same meaning as in

section 1 (1) of the Water Sustainability Act ;

threat means, in relation to drinking water, a condition or

thing, or circumstances that may lead to a condition or thing, that may result in

drinking water provided by a domestic water system not being potable water;

water supplier means a person who is the owner of a water

supply system;

water supply system means a domestic water system, other

than

a domestic water system that serves only one single-family residence,

and

equipment, works or facilities prescribed by regulation as being

excluded;

well has the same meaning as in

section 1 (1) of the Water Sustainability Act ;

well recharge zone means the area of land from which water

percolates into an aquifer and is transmitted from there into one or more wells that are

used, or are intended to be used, to provide drinking water.

Relationship with other Acts

The authority that is provided under this Act is in addition to and does not

restrict authority provided under any other enactment that may be used to protect

drinking water.

Nothing in this Act affects the powers, duties and functions of a medical health

officer under the Public Health Act or any other

enactment.

Drinking water officers

Unless another person is appointed under subsection (2), the drinking

water officer for an area is

the person appointed by the medical health officer as the drinking water

officer, or

if no appointment is made under paragraph (a), the medical

health officer.

The minister may, by order, appoint persons, by name or by title, as drinking

water officers and establish the area of their jurisdiction.

In determining the qualifications for appointments under subsection

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

officer.

Subject to the regulations, a drinking water officer may, in writing, delegate

to any person a power or duty of the drinking water officer under this or another

enactment.

Guidelines and directives respecting drinking water

protection

The minister may establish

guidelines that must be considered, and

directives that must be followed

by drinking water officers and other officials in exercising powers and

performing duties or functions under this Act and the Public Health

Act in relation to drinking water.

The Provincial health officer must monitor compliance of drinking water officers

with guidelines and directives established under this section.

Annual drinking water protection report

4.1

The Provincial health officer must prepare and deliver to the minister an annual

report respecting activities under this Act for the past year.

After receiving an annual report under subsection (1),

the minister must promptly lay the report before the Legislative Assembly if

it is in session, or

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

report with the Clerk of the Legislative Assembly.

Reports respecting problems related to Provincial government

actions

4.2

The Provincial health officer must report to the minister on any situation

that

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

protection of public health in relation to drinking water, and

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

government corporations or other agents of the government.

If the Provincial health officer makes a report under subsection

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

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

Executive Council.

Drinking water advisory committees

The minister may, after consultation with the Provincial health officer,

establish an advisory committee to provide advice and recommendations with respect to

drinking water matters referred to the committee by the minister.

Without limiting subsection (1), the minister may establish an advisory

committee to provide advice and recommendations respecting standards and requirements to

be established under this Act.

A person appointed to an advisory committee

must be reimbursed in accordance with the directives of Treasury Board for

reasonable travelling and out of pocket expenses necessarily incurred in discharging

the person's duties under this Act, and

may be paid remuneration in accordance with the directives of Treasury Board,

if the person is not an employee under the Public Service

Act .

Drinking Water Supply

Water supply systems must provide potable water

Subject to the regulations, a water supplier must provide, to the users served by

its water supply system, drinking water from the water supply system that

is potable water, and

meets any additional requirements established by the regulations or by its

operating permit.

Construction permits and requirements for water supply

systems

This

section applies in relation to the construction, installation, alteration

or extension of

a water supply system, or

works, facilities or equipment that are intended to be a water supply system

or part of a water supply system.

Subject to the regulations, a person

must not undertake activities referred to in subsection (1) unless a

construction permit for this has been issued in accordance with the regulations,

and

must not undertake those activities except

in accordance with the regulations or the plans approved in accordance with

the regulations, and

permit.

In addition to any other requirements established by the regulations, a person

applying for a construction permit must submit to an issuing official,

in the case of a permit for the construction of a water supply system, the

results of water quality analyses in accordance with the regulations, and

in any case, the results of any water quality analyses required by the issuing

official or drinking water officer.

The issuing official may refuse to issue a permit until satisfied that the

applicant has identified an owner of the water supply system who is to be responsible

for the ongoing operation of the system, or in charge of managing that operation, in

accordance with this Act.

4.1

the official considers advisable respecting the construction, installation, alteration

or extension.

standards that are more stringent than those established by the regulations.

A construction permit

is valid for one year, unless a different period is specified in the

permit,

is not transferable unless the transfer is approved by an issuing official,

and

cannot be varied except by the issuance of a new construction

permit.

Operating permits and requirements for water supply

systems

In the case of a prescribed water supply system, the water supplier

must not operate the water supply system unless the water supplier holds a

valid operating permit issued in accordance with the regulations,

and

must operate the water supply system in accordance with any applicable

regulations.

official considers advisable respecting the water supply system.

As examples, but without limiting the authority under this section, terms and

conditions respecting the following may be included in an operating permit:

treatment requirements;

equipment, works, facilities and operating requirements;

qualifications and training of the persons operating, maintaining or repairing

the water supply system;

monitoring of the drinking water source and the water in the water supply

system;

standards applicable to the water in the water supply system;

reporting and publication of monitoring results or other information

respecting the water supply system.

The drinking water officer or an issuing official may change the terms and

conditions of an operating permit if the officer or issuing official considers this

advisable, but must first consult with the water supplier respecting the proposed

changes and must consider any comments of the water supplier in response.

requirements and standards that are more stringent than those established under this

Act.

If the drinking water officer considers that further information is necessary to

determine whether

the water provided by a water supply system meets the requirements of

section

6 [water supply systems must provide potable water] , or

a water supply system meets the requirements and standards established by the

regulations and its operating permit,

the drinking water officer may order the water supplier to undertake additional

monitoring or testing as directed by the officer, and to report the results and make

them public as directed by the officer.

Qualification standards for persons operating water supply

systems

Subject to the regulations, a person must not operate, maintain or repair a

prescribed water supply system unless

the person is qualified in accordance with the regulations to do this,

is doing this under the supervision of a person who is qualified in accordance

with the regulations.

A water supplier must ensure that subsection (1) is not

contravened in relation to its water supply system.

Emergency response and contingency plans

In the case of a prescribed water supply system, the water supplier must have a

written emergency response and contingency plan in accordance with the regulations, to

be implemented in the event of an emergency or abnormal operational circumstances

affecting its water supply system or drinking water source.

The drinking water officer may order a water supplier to review and update its

emergency response and contingency plan.

Water monitoring requirements

In the case of a prescribed water supply system, the water supplier

must

monitor its drinking water source, the water in its system and the water it

provides for the parameters, and at the frequency, established by the regulations and

by its operating permit,

have the sampling required for that monitoring carried out in accordance with

the regulations and the directions of the drinking water officer, and

have the analyses required for that monitoring carried out in accordance with

the regulations, through laboratories that meet the requirements established by the

regulations and by individuals who are qualified in accordance with the

regulations.

The laboratory conducting monitoring analyses under this

section must report the

results in accordance with the regulations to the drinking water officer and, subject to

the regulations, to the water supplier.

A water supplier must ensure that a laboratory conducting monitoring analyses

under this

section is aware of the applicable standards and requirements established by

the regulations and the operating permit for the water supply system.

Notice if immediate reporting standard not met

If a monitored parameter in relation to a water supply system fails to meet an

established immediate reporting standard for that system, the laboratory conducting the

analysis must immediately give notice to

the water supplier,

the drinking water officer, and

the medical health officer.

In addition, a water supplier who receives notice under subsection

(1) must give immediate notice to the drinking water officer advising that

the water supplier has been notified by the laboratory as required by this

section.

For the purposes of this section, the person giving the immediate notice

must

take all reasonable steps to give this notice by speaking directly to or by

telephone with

each person required to be notified,

a person designated for this purpose by the person required to be notified,

iii

a person answering the telephone number designated for this purpose by the

person required to be notified, and

follow with notice in writing to each person within 24 hours.

Water supplier must report threats to drinking water

In addition to the requirements under

section 12, a water supplier

must immediately notify the drinking water officer if the supplier considers there is a

threat that is likely to result in the drinking water provided by its water supply

system not meeting the requirements of

section 6 [water supply systems must provide potable water] .

Notice required by subsection (1) must be given in accordance with

section 12

(3).

Public notice of threats to drinking water

The drinking water officer may request or order a water supplier to give public

notice in a manner approved by the drinking water officer, or in accordance with the

directions of the drinking water officer, if

the drinking water officer has received a report under

section 12 [notice if immediate reporting standard not met] ,

the drinking water officer has received a report under

section 13 [water supplier must report threats] , or

the drinking water officer considers that there is, was or may be a threat to

the drinking water provided by a water supply system.

In addition to any requirement under subsection (1), if a water

supplier

has received a report under

section 12 or considers that

there may otherwise be a drinking water health hazard in relation to its water supply

system, and

is not able to immediately notify the drinking water officer,

the water supplier must immediately give notice of the possible hazard to the

users of drinking water from that water supply system.

Publication of other information

A water supplier must ensure that the following information is made public in

accordance with the regulations and any requirements of the drinking water

officer:

the water supplier's emergency response and contingency plan;

the results of the monitoring required by the regulations, its operating permit

or the drinking water officer, subject to any applicable time limits established by the

regulations;

if applicable, its current assessment under

section 18 [water source and system assessments] ;

if applicable, its current plan under

section 22 [assessment response plans] ;

other information required to be made public by the regulations, its operating

permit or the drinking water officer.

Floodproofing required for drinking water and other

wells

If required by regulation, the owner or operator of a well that provides

drinking water must floodproof the well in accordance with the regulations.

For the purpose of protecting the drinking water provided by a well that is

subject to a requirement under subsection (1), the drinking water officer may, by

order,

require the owner or operator of another well that the drinking water officer

has reason to believe

is in the same well recharge zone, or

may otherwise affect the drinking water well

to floodproof the other well in accordance with the regulations, or

if the drinking water officer is not reasonably able to determine who is the

owner or operator of the other well, require the owner of the land on which that well

is located to floodproof that well in accordance with the regulations.

Water supply systems with multiple owners

If a water supply system is owned by 2 or more persons, or parts of the water

supply system are owned by different persons, the drinking water officer may require

those persons

to designate one of their number for the purposes of receiving and providing

information and records as required or authorized under this Act, and

to provide to the drinking water officer the person's name, address and other

contact information as required by the drinking water officer.

If subsection (1) applies and the owners do not make the required

designation, the drinking water officer may designate one of the owners for the purposes

of this section.

Water System Assessments and Plans

Water source and system assessments

A water supplier must prepare an assessment in accordance with this

Part if

required by the regulations or ordered by the drinking water officer.

The purpose of an assessment is to identify, inventory and assess

the drinking water source for the water supply system, including land use and

other activities and conditions that may affect that source,

the water supply system, including treatment and operation,

monitoring requirements for the drinking water source and water supply system,

and

threats to drinking water that is provided by the system.

Drinking water officer authority in relation to

assessments

In addition to any requirement established by regulation, the drinking water

officer may order a water supplier to prepare an assessment if

the drinking water officer has reason to believe that an assessment is

necessary to properly identify and assess threats to drinking water in relation to the

water supply system, or

more than the prescribed number of years have passed since the previous

assessment.

In addition to any requirement established by regulation or by order under

subsection

(1), if

more than one water supplier uses the same drinking water source or related

drinking water sources, and

at least one of the water suppliers is required to prepare an assessment, by

regulation or by order under subsection (1),

the drinking water officer may order 2 or more of those water suppliers to

prepare a joint assessment, regardless of whether the water suppliers are otherwise

required to prepare an assessment.

Despite any other provision of this Act or the regulations, a drinking water

officer may

postpone the time for beginning an assessment,

extend the time for completing an assessment, or

in the case of an assessment that has been ordered by the drinking water

officer, limit or expand the scope of the assessment from that otherwise required

under the regulations.

Assessment process

The process, preparation, form, content, area of coverage and time for

completing an assessment must be in accordance with any applicable regulations and the

directions of the drinking water officer.

In determining the directions to give for the purposes of subsection

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

officer.

In addition, the drinking water officer may establish a technical advisory

committee for the purposes of

providing advice respecting directions to be given under subsection

(1), and

reviewing the draft assessment before it is filed under subsection

(4).

On completion, the water supplier must file the assessment with the drinking

water officer.

Public notice

A water supplier that is required to prepare an assessment must give advance

public notice that the assessment is being prepared, with the notice to be given in

accordance with the regulations and any directions of the drinking water

officer.

After the assessment has been filed under

section 20 (4) [assessment process] , the water supplier must make the assessment

public in accordance with

section 15 [publication of other information] .

Assessment response plans

made in response to an assessment, the drinking water officer may order the water

supplier to prepare an assessment response plan if

an assessment has identified threats to the drinking water provided by the

water supply system, and

the water supply system is of a prescribed class.

The purpose of an assessment response plan is to identify the measures that may

reasonably be taken in order to address identified threats to the drinking water that is

provided by the water supply system.

An assessment response plan must be prepared in accordance with the regulations

and the directions of the drinking water officer.

As examples of provisions that may be included in an assessment response plan,

but without limiting the issues that may be addressed, the drinking water officer may

require a plan to include provisions respecting any or all of the following:

public education and other means of encouraging drinking water source

protection;

guides to best management and conservation practices;

infrastructure improvements;

cooperative planning and voluntary programs;

input respecting local authority zoning and other land use

regulation.

The drinking water officer may order a water supplier to review and revise its

assessment response plan in accordance with the directions of the drinking water

officer.

Drinking Water Protection

Prohibition against contaminating drinking water or tampering with

system

Subject to subsection (3), a person must not

introduce anything or cause or allow anything to be introduced into a domestic

water system, a drinking water source, a well recharge zone or an area adjacent to a

drinking water source, or

do or cause any other thing to be done or to occur,

if this will result or is likely to result in a drinking water health hazard in

relation to a domestic water system.

Subject to subsection (3), a person must not

destroy, damage or tamper with any part of a domestic water system,

open or close any part of a domestic water system,

introduce anything or cause or allow anything to be introduced into a domestic

water system, a drinking water source, a well recharge zone or an area adjacent to a

drinking water source, or

do or cause any other thing to be done or to occur,

if it is reasonably foreseeable that, as a result, the owner of the domestic

water system would have to limit the use of the water provided by the system on the

basis that there may be a risk of a drinking water health hazard.

The prohibitions in subsection (1) and (2) do not apply

in relation to anything required for the proper operation, maintenance or

repair of a domestic water system or the treatment of water in the system,

if the introduction or activity is authorized or required under an enactment

or the person is otherwise acting with lawful authority, or

in relation to an activity prescribed by regulation that is undertaken in

accordance with any conditions prescribed by regulation.

For the purposes of prosecuting a contravention of subsection (1) (a), it is not

necessary to prove that the thing, if diluted at or subsequent to the point at which it

was introduced, continued to result in or be likely to result in a drinking water health

hazard.

Requirement to report threats to drinking water

If a person

is required to report under

section 11 [mandatory reporting of health hazards] of the Public Health Act in respect of a toxic spill,

section 91.2 (1) (a) [responsible persons – spill response] of the Environmental Management Act , and

considers that the event reported may result in a threat to drinking

water,

the person must also promptly report the situation to the drinking water

officer.

Despite any other enactment, if a regulation designates

persons employed in the public service of the Province, or

officials acting under the authority of a specified enactment

for the purposes of this section, by title or otherwise, those designated must

report to the drinking water officer any situation they observe, or of which they become

aware, that they consider may be a threat to drinking water.

Hazard abatement and prevention orders

A drinking water officer may make an order under this

section if the drinking

water officer has reason to believe that

a drinking water health hazard exists, or

there is a significant risk of an imminent drinking water health

hazard.

An order under this

section may be directed to

a person whose action or omission, in the opinion of the drinking water

officer, resulted in or significantly contributed to the drinking water health hazard

or risk, or

a person who had possession, charge or control of a condition or thing that,

in the opinion of the drinking water officer, caused or significantly contributed to

the drinking water health hazard or risk.

The order must be served on the person to whom it is directed and may require

that person, at the person's own expense, to do one or more of the following:

provide to the drinking water officer information, as requested by the

drinking water officer, relating to the conditions or things that resulted in or

contributed to the drinking water health hazard or risk;

undertake investigations, tests, surveys and any other action the drinking

water officer considers necessary to assess and determine how to address or prevent

the drinking water health hazard, and report the results to the officer;

abate the drinking water health hazard;

acquire, construct or carry out any works or do or cease to do any other

thing, if this is reasonably necessary to control, abate, stop, remedy or prevent the

drinking water health hazard;

adjust, repair or alter any works to the extent reasonably necessary to

control, abate, stop or prevent the drinking water health hazard;

give public notice in a manner approved by the drinking water officer or in

accordance with the directions of the drinking water officer;

prepare and implement a hazard remediation plan or hazard prevention plan

acceptable to the drinking water officer.

If the order is directed to a person who is not the registered owner of the

property on which action is required to be taken under subsection (3) (c), (

d) or (e),

a copy of the order must also be served on the registered owner.

An order under this

section may authorize persons designated by the drinking

water officer to enter on or into property for the purpose of controlling, abating,

stopping, remedying or preventing the drinking water health hazard.

As restrictions on subsection (5),

except in the case of an emergency, a person authorized under that subsection

must take reasonable steps to notify the owner or occupier before entering the

property, and

the authority must not be used to enter a private dwelling except with the

consent of the occupant or as authorized by a warrant under this or another

Act.

If the drinking water officer considers that the situation is urgent, the

officer may issue an order under this

section orally, in which case the officer must

serve a written version of the order in accordance with this

section as soon as

reasonably possible.

A drinking water officer may amend or cancel an order made under this

section.

The authority to make an order under this section, and to take action in

relation to the order under

section 27 [action in default] , applies despite any other enactment, and the

order applies despite any other enactment or authorization under an

enactment.

In the event of a conflict between an order under this

section and an order of a

health officer under the Public Health Act , the order of the

health officer prevails.

Orders respecting contraventions

If a drinking water officer has reason to believe that a person is in

contravention of this Act or the regulations, the drinking water officer may make an

order under this

section directed at the person.

An order under this

section must be served on the person to whom it is directed

and must set out the reasons why it was made, what the person is required to do and the

time within which this must be done.

As examples of provisions that may be included in an order under this section,

but without limiting the authority of a drinking water officer under subsection

(1), an order may include provisions for the following:

requiring the person to provide information respecting an activity;

requiring the person to take specified actions to comply with the Act or the

regulations;

prohibiting the person from starting or continuing specified actions until

compliance is achieved;

requiring the closure of all or part of a domestic water system;

requiring public notice to be given in a manner approved by the drinking water

officer or in accordance with the directions of the drinking water officer;

requiring the person to remedy, in accordance with the directions of the

drinking water officer, circumstances arising from the contravention that may cause or

contribute to a drinking water health hazard;

prohibiting a water supplier from providing water, or from using a specified

drinking water source or fill location, until compliance has been achieved.

Section 25 (4) to (10) [hazard abatement and prevention

orders] applies to an order under this section.

Action in default

If a drinking water officer makes an order under

section 25 [hazard abatement and prevention orders] or 26 [orders

respecting contraventions] , the drinking water officer may

direct that, if the person fails to take the action required by the order, the

action is to be done at the expense of that person, with the costs and expenses

incurred recoverable under this section, and

enter or authorize other persons to enter on or into any property for the

purpose of

determining whether the order is being complied with, or

taking action in default under paragraph (a).

As restrictions on subsection (1),

except in the case of an emergency, before taking action under that

subsection, the drinking water officer must give notice to the person subject to the

order, and

section 25 (6) [restrictions on entry] applies.

All reasonable costs and expenses incurred in taking action in default under

this

section are deemed to be money paid for the use and at the request of the person to

whom the order was directed, and may be recovered in any court of competent jurisdiction

by the person who incurred those costs and expenses as a debt owed to that

person.

In addition to recovery under subsection (3), in the case of

recovery against a property owner or an occupier of property who is subject to property

taxation under the Community Charter , Local

Government Act , Vancouver

Charter or Taxation (Rural Area)

Act , the costs and expenses may be recovered in accordance with

section

35 [recovery of costs by health authorities] of the Public

Health Act , with the required certificate to be filed by the

drinking water officer.

Direct action by drinking water officer

Despite any other provision of this Act, if a drinking water officer

has reason to believe that a drinking water health hazard exists or that there

is a significant risk of an imminent drinking water health hazard, and

is not aware of a person against whom an order under

section 25 [hazard abatement and prevention orders] or 26 [orders

respecting contraventions] may appropriately be made,

the drinking water officer may take any actions the drinking water officer

considers necessary to address the health hazard or risk or may authorize a water

supplier or other person to do this.

For the purposes of this section, the drinking water officer may authorize any

persons designated by the drinking water officer to enter on or into property and take

the necessary actions.

As restrictions on subsection (2),

section 25 (6) [restrictions on entry] applies.

action is taken under this section, and

the drinking water officer afterwards determines that there was a person

against whom an order referred to in subsection (1) could have been

made,

the drinking water officer may, by order, require the person to pay all or some

of the reasonable costs and expenses incurred in taking action.

Section 27 (3) and (4) [action in default — cost recovery]

applies in relation to an order under subsection (4) of this

section.

Request for investigation

If a person considers that there is a threat to their drinking water, the person

may request the drinking water officer to investigate the matter.

A request under subsection (1) must be in writing and must include

specifics of the facts that the person considers constitute the threat.

On receiving a request under subsection (1), the drinking water officer must review

the request and consider whether an investigation is warranted.

As applicable,

if the drinking water officer decides against undertaking an investigation,

the officer must advise the requesting person of this, and

if the drinking water officer undertakes an investigation, the drinking water

officer must advise the requesting person of the results of the

investigation.

Required consultations respecting drinking water

The Lieutenant Governor in Council may make regulations

prescribing enactments for the purposes of this section, and

prescribing that all or specified classes of decisions under a prescribed

enactment may be made subject to this section.

If a regulation under subsection (1) applies to an area, the minister may,

by regulation applicable to all or part of that area,

provide that all or specified classes of the prescribed decisions are subject

to this section,

identify local authorities, drinking water officers and water suppliers who

must be

provided an opportunity to comment on proposed decisions that are subject to

this section, and

advised as to the decisions when they have been made, and

specify whether persons identified under paragraph (

b) may require a written

response under subsection (6).

Before making a regulation under subsection (2), the minister

must consult with the minister responsible for the enactment in relation to which the

regulation is intended to be made.

Before making a decision that is subject to this section, the decision

maker

must provide the identified persons with an opportunity to comment on the

proposed decision, and

may, in relation to this, specify a time by which any comments the persons

wish to make must be received by the decision maker in order to be

considered.

If a decision is to be made at the request of a person, by application or

otherwise,

the decision maker may satisfy the requirement of subsection

(4) by requiring the requesting person to obtain comments for the purpose

of this

section and report them to the decision maker, or

if no requirement is made under paragraph (a), the decision

maker must provide a copy of any comments under this

section to the requesting

person.

Despite any other enactment, a person making a decision that is subject to this

section must,

in making the decision, consider the comments provided under this

section in

relation to drinking water, and

if requested by a person specified under subsection (2) (c), provide a

written response respecting the decision maker's consideration of the person's

comments in making the decision.

Failure to provide an opportunity to comment in accordance with this

section

does not of itself render a decision invalid.

Drinking Water Protection Plans

Order designating area for planning process

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

officer, designate an area for the purpose of developing a drinking water protection

plan for the area.

The Provincial health officer may only recommend that an order be made under

this

section if

based on monitoring or assessment results, the Provincial health officer is

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

preventing a threat to drinking water that the Provincial health officer considers may

result in a drinking water health hazard, and

no other practicable measures available under this Act are sufficient to

address or prevent the drinking water health hazard.

The Provincial health officer must consider whether to make a recommendation

under this

section if requested by a drinking water officer.

A local authority or water supplier may request a drinking water officer to make

a request under subsection (3).

Plan development process

The minister may, by order, establish the process by which a proposed drinking

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

Without limiting subsection (1), an order under that subsection

may

establish who is to be responsible for preparing the proposed plan,

establish the terms of reference for the plan, or authorize the preparation of

some or all of the terms of reference subject to approval by the minister,

and

require the establishment of a technical advisory committee in relation to

development of the plan.

The terms of reference for a proposed drinking water protection plan must

include

the purpose of the plan,

the issues to be addressed in the plan,

a process for public and stakeholder consultation, and

a time limit for completing the plan.

As examples of terms of reference that may be established for a plan, but

without limiting the issues that may be addressed, the terms of reference for a drinking

water protection plan may include one or more of the following:

whether changes are required to a water supply system, including measures

respecting its water source, intake, treatment, storage, transmission and

distribution;

whether the operating permit for a water supply system should include

additional provisions respecting monitoring, standards or other

requirements;

consideration of the economic and social costs and benefits of addressing

risks through treatment, source protection or other means;

whether an implementation regulation under any of sections 35 to

38 should be made.

In preparing a proposed drinking water protection plan, consideration must be

given to the results or progress of Provincial government or local government strategic,

operational and land use or water use planning processes within the designated

area.

A proposed drinking water protection plan may be prepared in conjunction with a proposed water sustainability plan under the Water Sustainability Act .

The minister may, by order, extend the time for completing a proposed drinking

water protection plan whether or not the time previously set has expired.

Drinking water officer authority

For the purposes of developing a proposed drinking water protection plan, the

drinking water officer may do one or more of the following:

order a water supplier to participate in the process;

undertake investigations, tests and surveys that the drinking water officer

considers advisable;

authorize persons to undertake investigations, tests and surveys referred to

in paragraph

(b).

The drinking water officer or any person authorized under subsection (1) (

c) may

exercise any of the powers under

section 40 [inspection authority] for the purposes of investigations, tests and

surveys under subsection (1).

Approval of drinking water protection plan

After a proposed plan has been prepared, it must be submitted to the minister,

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

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

plan and the comments of the Provincial health officer before the Lieutenant Governor in

Council, who may approve all or part of the proposed plan as a drinking water protection

plan.

If a drinking water protection plan is approved under subsection

(2), the minister must arrange for the plan to be made public.

Implementing a plan: effect on statutory decisions

For the purposes of implementing a drinking water protection plan, the

Lieutenant Governor in Council may, by regulation applicable in relation to all or part

of the designated area for the plan, do one or more of the following:

require that persons making decisions or classes of decisions under a

specified enactment must consider the plan in making those decisions;

restrict the issuance or amendment of licences, approvals, permits or other

authorizations under a specified enactment;

restrict the exercise of a power under a specified enactment;

provide that specified provisions of the plan are a higher level plan for the

purposes of the Forest Practices Code of British Columbia

Act .

Despite an enactment specified under subsection (1), a regulation under

subsection

(1) (

b) may establish requirements that must be imposed in issuing or

amending a licence, approval, permit or other authorization under an

enactment.

Requirements imposed under subsection (2) are deemed to be imposed under the

enactment under which the authorization is issued or amended.

The issuance or amendment of a licence, approval, permit or other authorization

contrary to a regulation under subsection (1) (b), or the exercise of a power

contrary to a regulation under subsection (1) (c), has no effect.

Implementing a plan: relationship with other planning

processes

35.1

For the purposes of implementing a drinking water protection plan, the

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

following:

require that other specified Provincial government or local authority

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

the drinking water protection plan;

require that the results of specified Provincial government or local authority

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

consistent with the drinking water protection plan;

provide that specified Provincial government or local authority strategic or

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

bylaws or other documents, do not have legal effect to the extent of any inconsistency

with the drinking water protection plan.

A provision under subsection (1) (

c) applies despite any other

enactment.

Implementing a plan: restrictions on groundwater activities

For the purposes of implementing a drinking water protection plan, the Lieutenant Governor in Council may, by regulation applicable to all or part of the designated area for the plan, restrict or prohibit one or more of the following or may impose requirements on a person doing one or more of the following:

constructing a well;

installing well pumps;

conducting flow tests;

performing another activity in relation to a well or groundwater.

Without limiting subsection (1), a restriction in a regulation under that subsection may include a requirement that a person hold a drilling authorization in order to carry out one or more of the activities referred to in

section 62 (1) [drilling authorizations] of the Water Sustainability Act .

Implementing a plan: enforcement of water source

standards

For the purposes of implementing a drinking water protection plan, the

Lieutenant Governor in Council may, by regulation,

prescribe all or part of a drinking water source,

establish water quality standards in relation to the prescribed drinking water

source or part of a drinking water source,

prohibit persons from doing anything that results in the prescribed standards

not being met, and

establish exceptions to a prohibition under paragraph (c).

A prohibition under subsection (1) applies despite any other enactment or

authorization under an enactment.

Implementing a plan: local government authority

If requested by a local government for the purposes of implementing a drinking

water protection plan, the Lieutenant Governor in Council may, by regulation applicable

to all or part of the designated area for the plan,

provide that

the issuance or amendment of licences, approvals, permits or other

authorizations under a specified enactment, or

the exercise of a power under a specified enactment,

is subject to this section, and

despite an enactment specified under paragraph (

a) but subject to subsection

(2), authorize the local government to

under a specified enactment, or

restrict the exercise of a specified power under an enactment,

subject to any limits or conditions established by the regulation.

A local government may only exercise an authority under subsection

(1) after consultation with the relevant decision maker and the drinking water

officer, if this consultation is required by regulation, and

in each case, if the local government has reason to believe this is necessary

for the purpose of protecting the potability of drinking water.

under the specified enactment to which they relate.

For the purposes of undertaking work specifically contemplated by a drinking

water protection plan, the minister responsible for the Local Government

Act may, by order, exempt a local government from the

requirement for approval of the electors, assent of the electors or other elector

approval under the Community Charter , the Local

Government Act , the Vancouver

Charter or another enactment, subject to any conditions

established by the minister.

Review and amendment of plans

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

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

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

amendment to the plan proposed by the review.

General

Reconsiderations and reviews of drinking water officer

decisions

39.1

In this section, decision means a decision of a drinking

water officer under any of the following:

section 19 [drinking water officer authority in relation to

assessments] ;

section 25 [hazard abatement and prevention orders] ;

section 26 [orders respecting contraventions] ;

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

a decision resulting from a reconsideration under subsection

(3) of this section.

Subject to the regulations, a person affected by a decision may

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

considers that there is sufficient new evidence for this purpose, or

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

If a reconsideration is requested and the drinking water officer is satisfied

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

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

vary or reverse the initial decision.

If a review is requested,

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

health officer designated by the Provincial health officer,

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

the person conducting the review may require the applicant to give notice of

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

the person conducting the review may

confirm, vary or reverse the initial decision, or

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

directions.

Inspection authority

For the purposes of this Act, a drinking water officer or issuing official may

enter on or into any property and conduct an inspection and, in relation to this, has

the same authority as a medical health officer under Division 1 [Inspections] of

Part 4 of the Public Health

Act .

The authority under subsection (1) must not be used to enter a private

dwelling except with the consent of the occupant or as authorized by a warrant under

this or another Act.

Entry warrant

If satisfied by evidence on oath or affirmation that access on or into property is

necessary for the purposes of this Act, a justice may issue a warrant authorizing a person

named in the warrant to enter on or into property and conduct an inspection, undertake

hazard abatement or prevention activities or take other action as authorized by the

warrant.

Court order requiring compliance

On application by a drinking water officer, the Supreme Court may grant an

injunction against a person who has contravened this Act, the regulations or an order

under this Act,

restraining the person from contravening the Act, regulations or order,

requiring the person to take action as directed by the court for the purpose

of achieving compliance or remedying or preventing a drinking water health

hazard.

An order under subsection (1) does not prevent the imposition of a

penalty in respect of an offence in relation to the same matter.

Personal liability protection

No action for damages lies or may be brought against a drinking water officer,

delegate or issuing official because of anything done or omitted

in the performance or intended performance of any duty under this Act,

in the exercise or intended exercise of any power under this Act,

unless the person was acting in bad faith.

Subsection (1) does not absolve a person from vicarious liability arising

out of

an act or omission of a person referred to in that subsection for which the first

person would be vicariously liable if this

section were not in force.

Prohibition against providing false information or obstructing

officials

A person must not

provide false or misleading information when required under this Act to provide

information, or

hinder, obstruct, impede or otherwise interfere with a drinking water officer,

delegate or issuing official in the performance of their duties or the exercise of their

powers under this Act.

Offences and penalties

A person who contravenes this Act, or a regulation, order, direction or permit

under this Act, commits an offence.

Unless a lower penalty is specified by regulation, a person who commits an

offence under subsection (1) is liable on conviction to the following:

in the case of an offence that is not a continuing offence, a fine of not more

than $200 000 or imprisonment for not longer than 12 months, or both;

in the case of a continuing offence, a fine of not more than $200 000 for each

day the offence is continued or imprisonment for not longer than 12 months, or

both.

If a person is convicted of an offence under this Act, a sentencing judge may

order the convicted person to do one or more things described in

section 107 (1) of

the Public Health Act , and, for these purposes,

section 107 (2)

applies.

If a corporation commits an offence under this Act, an employee, officer,

director or agent of the corporation who authorizes, permits or acquiesces in the

commission of the offence commits an offence.

Subsection (4) applies whether or not the corporation is prosecuted for

the offence.

The time limit for laying an information respecting an offence under this Act is

2 years after the facts on which the information is based first came to the knowledge of

a drinking water officer.

Service of documents

Service of documents under this Act must be in accordance with the

regulations.

Area descriptions

Where this Act or the regulations authorize or require the description or

designation of an area, this may be by any delineation of the area that adequately

describes it including, for example, name, map, plan, legal description, reference to a

stream, reference to an aquifer or other geological formation or part of one, depth or

other dimension, or by any combination of methods.

General regulation making authority

The Lieutenant Governor in Council may make regulations referred to in

section 41

of the

Interpretation Act .

The Lieutenant Governor in Council may make regulations respecting

matters that are referred to in a provision of this Act as being subject to

the regulations or as having to be in accordance with the regulations, or

any other matter for which regulations are contemplated by this

Act.

Without limiting subsection (1) or (2), the Lieutenant Governor in

Council may make regulations as follows:

respecting water quality standards, including

standards that are requirements for potable water,

standards for which monitoring must be conducted and reported,

iii

standards for which immediate reporting is required if the standards are not

met, and

standards for any other purpose established by regulation;

respecting guidelines for drinking water quality that must be considered in

determining what standards to establish in an operating permit and in reviewing the

results of analyses required under this Act;

respecting the issuance, amendment, renewal, suspension or cancellation of

permits under this Act;

establishing requirements and restrictions respecting the construction,

alteration, repair, maintenance, installation, operation and monitoring of domestic

water systems;

respecting water treatment requirements;

respecting the preparation, retention and publication of records;

respecting fees for applications, permits and services provided under this

Act;

requiring persons to provide notice to the public in accordance with the

regulations if water provided by a domestic water system is not or may not be

potable;

h.1

restricting who may request reconsiderations or reviews under

section

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

restricting what decisions may be reconsidered or reviewed and establishing

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

reconsiderations and reviews;

providing for reconsiderations, reviews or appeals of orders and other

decisions under this Act, other than those referred to in

section 39.1, including

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

evidentiary rules and other matters respecting them;

respecting the sharing of costs for a joint assessment ordered under

section 19

(2) [drinking water officer authority in relation to

assessments] ;

respecting testing required for the purposes of

section 63 [water analyses for new or altered wells] of the Water Sustainability Act ;

providing for any other matter that the Lieutenant Governor in Council

considers advisable in relation to the protection of drinking water.

Authority in relation to regulations

In making a regulation under this Act, the Lieutenant Governor in Council or

minister may do one or more of the following:

make different provisions for different areas as specified in the

regulation;

make different regulations for different classes of persons, places,

activities, conditions or things as specified in the regulation;

make different regulations for different persons, places, activities,

conditions or things;

provide or provide for exemptions and waivers from otherwise applicable

provisions of this Act or the regulations;

delegate a matter to a person;

confer a discretion on a person;

establish criteria that a person must use in exercising a discretionary power

conferred under this Act, which apply in addition to any other criteria established

under this Act.

A regulation under this Act establishing a standard, code or rule may do so by

adopting a standard, code or rule

published by a national or international standards association, or

enacted as or under a law of another jurisdiction, including a foreign

jurisdiction.

A standard, code or rule referred to in subsection

(2) may be adopted in whole, in part or with any changes considered appropriate,

and

may be adopted as it stands at a specific date, as it stands at the time of

adoption or as amended from time to time.

Consequential and Related Amendments

50-103

[Note: See Table of Legislative Changes for the status of sections 50 to 103.]

Section(

s) Affected Act

Commercial River Rafting Safety Act

51–52

Environmental Assessment Act

Farm Practices Protection (Right to Farm) Act

54–64

Fish Protection Act

65–66

Forest Practices Code of British Columbia Act

67–82

Health Act

83–84

Hydro and Power Authority Act

Local Government Act

Oil and Gas Commission Act

87–101

Water Act

102–103

Water Utility Act

Transitional regulations

The Lieutenant Governor in Council may make regulations the Lieutenant Governor

in Council considers necessary or advisable to more effectively bring this Act into

operation, including

regulations for the purpose of preventing, minimizing or otherwise addressing

any transitional difficulties encountered in bringing into operation amendments made

by this Act to another Act, and

regulations providing an exception to or a modification of a provision in this

Act or another Act or a regulation under this Act or another Act.

A regulation under subsection (1) may be made effective retroactively to

a date on or after the date on which this Act receives Royal Assent.

[Repealed 2014-15-158.]

Commencement

Sections 1 to 53, 55 to 66, 69, 74 and 83 to 101 come into force by regulation of the

Lieutenant Governor in Council.