Canada Water Act (R.S.C., 1985, c. C-11)

Act current to 2014-08-05 and last amended on 2014-04-01. Previous Versions

Water Quality Management Agencies

Marginal note:Objects of agencies
  •  (1) The objects of each water quality management agency shall be to plan, initiate and carry out programs to restore, preserve and enhance the water quality level in the water quality management area for which the agency is incorporated or named.

  • Marginal note:Powers of agencies

    (2) In carrying out the objects of a water quality management agency, subject to any agreement under section 11 relating to the water quality management area for which it is incorporated or named or subject to any direction of the Minister to a federal agency, the agency may, after taking into account views expressed to it, at public hearings and otherwise, by persons likely to have an interest therein, in respect of the waters composing the water quality management area,

    • (a) ascertain the nature and quantity of waste present therein and the water quality level;

    • (b) undertake studies that enable forecasts to be made of the amounts and kinds of waste that are likely to be added to those waters in the future; and

    • (c) develop and recommend to the Minister and, in the case of an agency other than a federal agency, to the appropriate minister of each provincial government that is a party to the agreement relating to the water quality management area, a water quality management plan including

      • (i) recommendations with respect to water quality standards for those waters or any part thereof and the times at which those standards should be attained,

      • (ii) recommendations, based on the water quality standards recommended pursuant to subparagraph (i), with respect to the quantities and types of waste, if any, that may be deposited in those waters and the conditions under which any such waste may be deposited,

      • (iii) recommendations with respect to the treatment that may be required for any waste that is or may be deposited in those waters and the type of treatment facilities necessary to achieve the water quality standards recommended pursuant to subparagraph (i),

      • (iv) recommendations with respect to appropriate effluent discharge fees to be paid by persons for the deposit of waste in those waters and the time or times at which and the manner in which those fees should be paid,

      • (v) recommendations with respect to appropriate waste treatment and waste sample analysis charges to be levied by the agency for the treatment of waste at any waste treatment facility that is operated and maintained by it or for the analysis of any waste sample by it,

      • (vi) detailed estimates of the cost of implementation of the plan and of revenues and other benefits likely to be realized from the implementation thereof, and

      • (vii) estimates of the time within which the agency would become financially self-sustaining.

  • Marginal note:Publication of plan

    (3) Where an agency recommends a water quality management plan to the Minister, the agency shall forthwith cause the plan to be published in the Canada Gazette and shall publish a concise summary of the plan in a newspaper of general circulation in the area affected by the plan at least once a week for a period of four weeks and no such plan shall be approved until the expiration of seven clear days after the last of those publications of the summary.

  • Marginal note:Implementation of plan

    (4) Where a water quality management plan recommended by an agency in respect of the waters composing the water quality management area for which it is incorporated or named has been approved by the Minister and, in the case of an agency other than a federal agency, by the appropriate minister of each provincial government that is a party to the agreement relating to those waters, the agency may, in order to implement the water quality management plan,

    • (a) design, construct, operate and maintain waste treatment facilities and undertake the treatment of waste delivered to those facilities;

    • (b) undertake the collection of any charges prescribed for waste treatment at any waste treatment facility that is operated and maintained by the agency and for waste sample analysis carried out by it;

    • (c) undertake the collection of effluent discharge fees prescribed to be payable by any person for the deposit of waste in those waters;

    • (d) monitor, on a regular basis, water quality levels;

    • (e) provide facilities for the analysis of samples of waste and collect and provide data respecting the quantity and quality of waste and the effects thereof on those waters;

    • (f) regularly inspect any waste treatment facilities within the water quality management area for which the agency is incorporated or named, whether they are publicly or privately owned;

    • (g) publish or otherwise distribute such information as may be required under this Act; and

    • (h) do such other things as are necessary to achieve effective water quality management of those waters.

  • Marginal note:Restriction on powers to borrow, etc.

    (5) An agency does not, except with respect to loans authorized to be made to the agency by the Minister or a provincial government as described in paragraph 12(1)(c), have power to borrow moneys, to issue securities or to guarantee the payment of any debt or obligation of any person.

  • R.S., c. 5(1st Supp.), s. 13.