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

Marginal note:General

• 18. (1) The Governor in Council may make regulations

  • (a) prescribing

    • (i) substances and classes of substances,

    • (ii) quantities or concentrations of substances and classes of substances in water, and

    • (iii) treatments, processes and changes of water

    for the purpose of subsection 2(2);

  • (b) prescribing the procedure to be followed by each agency in determining its recommendations with respect to charges that may be levied by it for treatment of waste at any waste treatment facility that is operated and maintained by the agency;

  • (c) prescribing the procedure to be followed by each agency in determining its recommendations with respect to water quality standards for waters composing the water quality management area for which it is incorporated or named;

  • (d) prescribing the criteria, which shall be related to estimates of the cost of appropriate treatment of waste expected to be deposited, to be used by each agency in determining its recommendations with respect to effluent discharge fees to be paid by persons for the deposit of waste in waters composing the water quality management area for which it is incorporated or named and the time or times at which and the manner in which those fees should be paid;

  • (e) requiring persons who deposit waste in any waters composing a water quality management area to maintain books and records necessary for the proper enforcement of this Act and the regulations;

  • (f) requiring persons who have deposited waste in contravention of section 9 to report the deposit to the agency incorporated or named for the water quality management area in which the deposit is made and providing for the manner in which and the time within which the report is to be made;

  • (g) requiring persons who deposit waste in any waters composing a water quality management area to submit test portions of that waste to the agency incorporated or named in respect of the area;

  • (h) respecting the method of analysis by each agency of test portions of waste submitted to it;

  • (i) respecting the powers and duties of inspectors and analysts, the taking of samples and the making of analyses for the purposes of this Act; and

  • (j) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:For water quality management areas

  (2) Subject to subsection (3), the Governor in Council may make regulations prescribing, with respect to each water quality management area,

  • (a) the quantities, if any, of waste of any type that, for the purpose of section 9, may be deposited in the waters composing that area and the conditions under which any such waste may be deposited;

  • (b) the charges to be paid by any person to the agency incorporated or named in respect thereof

    • (i) for treatment of waste by the agency at a waste treatment facility that is operated and maintained by it, and

    • (ii) for analysis of waste samples by the agency,

    and the persons by whom those charges are payable and the time or times at which and the manner in which those charges shall be paid;

  • (c) water quality standards for the waters composing that area; and

  • (d) the effluent discharge fees, if any, to be paid by any person to the agency incorporated or named in respect thereof for the deposit of waste in the waters composing that area and the persons by whom those fees are payable and the time or times at which and the manner in which those fees shall be paid.

• Marginal note:Governor in Council to act only on recommendation

  (3) No regulation that is made by the Governor in Council under subsection (2) with respect to a water quality management area for which an agency is incorporated or named under an agreement entered into pursuant to section 11 is of any force or effect unless

  • (a) the regulation is made on the recommendation of the agency; or

  • (b) where the Minister and the appropriate minister of each provincial government that is a party to the agreement disagree with the recommendations of the agency and jointly make a different recommendation, the regulation is made on that joint recommendation.