Marginal note:Binding on Her Majesty

3. This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Establishment of intergovernmental committees, etc.

4. For the purpose of facilitating the formulation of policies and programs with respect to the water resources of Canada and to ensure the optimum use of those resources for the benefit of all Canadians, having regard to the distinctive geography of Canada and the character of water as a natural resource, the Minister may, with the approval of the Governor in Council, enter into an arrangement with one or more provincial governments to establish, on a national, provincial, regional, lake or river-basin basis, intergovernmental committees or other bodies

• (a) to maintain continuing consultation on water resource matters and to advise on priorities for research, planning, conservation, development and utilization relating thereto;

• (b) to advise on the formulation of water policies and programs; and

• (c) to facilitate the coordination and implementation of water policies and programs.

Marginal note:Federal-provincial water resource management programs

5. Subject to this Act, the Minister may, with the approval of the Governor in Council, with respect to any waters where there is a significant national interest in the water resource management thereof, enter into agreements with one or more provincial governments having an interest in the water resource management of those waters, providing for programs to

• (a) establish and maintain an inventory of those waters,

• (b) collect, process and provide data on the quality, quantity, distribution and use of those waters,

• (c) conduct research in connection with any aspect of those waters or provide for the conduct of any such research by or in cooperation with any government, institution or person,

• (d) formulate comprehensive water resource management plans, including detailed estimates of the cost of implementation of those plans and of revenues and other benefits likely to be realized from the implementation thereof, based on an examination of the full range of reasonable alternatives and taking into account views expressed at public hearings and otherwise by persons likely to be affected by implementation of the plans,

• (e) design projects for the efficient conservation, development and utilization of those waters, and

• (f) implement any plans or projects referred to in paragraphs (d) and (e),

and establishing or naming joint commissions, boards or other bodies empowered to direct, supervise and coordinate those programs.

Marginal note:Federal water resource management programs

• 6. (1) Subject to subsection (2), the Minister shall, with the approval of the Governor in Council, undertake directly,

  • (a) with respect to any federal waters, any program described in any of paragraphs 5(a) to (e) and the implementation of any program described in paragraph 5(d) or (e);

  • (b) with respect to any inter-jurisdictional waters where there is a significant national interest in the water resource management thereof, any program described in paragraph 5(d) or (e); and

  • (c) with respect to any international or boundary waters where there is a significant national interest in the water resource management thereof, any program described in paragraph 5(d) or (e) and the implementation of any such program.

• Marginal note:Condition to approval of federal programs

  (2) The Governor in Council shall not approve the undertaking by the Minister of any program pursuant to paragraph (1)(b) or (c) unless the Governor in Council is satisfied that all reasonable efforts have been made by the Minister to reach an agreement under section 5 with the one or more provincial governments having an interest in the water resource management of the waters in question and that those efforts have failed.

• Marginal note:Minister to consider priorities

  (3) In undertaking any programs pursuant to subsection (1), the Minister shall take into account any priorities for development recommended pursuant to paragraph 4(a).