Marginal note:Other water authorities

7.1 Where the use of waters or the deposit of waste that is the subject of an application to the Board would have a significant impact on a use of waters or a deposit of waste in an area for which another body is exercising powers of water management, the Board may collaborate with that body.

Marginal note:Use of waters in water management areas

• 8. (1) Except as authorized pursuant to the Dominion Water Power Act, and subject to subsection (2), no person shall use, or permit the use of, waters in a water management area except

  • (a) in accordance with the conditions of a licence; or

  • (b) as authorized by regulations made under paragraph 33(1)(m).

• Marginal note:Exemptions from application of subsection (1)

  (2) Subsection (1) does not apply in respect of the use of waters

  • (a) by a domestic user;

  • (b) by an instream user; or

  • (c) for the purpose of

    • (i) extinguishing a fire, or

    • (ii) on an emergency basis, controlling or preventing a flood.

• Marginal note:Duties in certain cases

  (3) Where any person diverts waters for a purpose set out in paragraph (2)(c), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the original channel conditions.

Marginal note:Prohibition

• 9. (1) Except in accordance with the conditions of a licence or as authorized by regulations made under paragraph 33(1)(n), no person shall, subject to subsection (2), deposit or permit the deposit of waste

  • (a) in any waters in a water management area; or

  • (b) in any other place under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter any waters in a water management area.

• Marginal note:Exception

  (2) Subsection (1) does not apply to the deposit of waste in waters that form part of a water quality management area designated pursuant to the Canada Water Act if the waste so deposited

  • (a) is of a type and quantity, and

  • (b) is deposited under conditions

  prescribed by regulations made by the Governor in Council under paragraph 18(2)(a) of that Act with respect to that water quality management area.

• Marginal note:Duty to report unlawful deposits of waste

  (3) Where waste is deposited in contravention of this section, every person who

  • (a) owns the waste or has the charge, management or control thereof, or

  • (b) caused or contributed to the deposit

  shall forthwith, in accordance with the regulations, if any, made under subparagraph 33(1)(o)(i), report the deposit to an inspector designated under subsection 35(1) if no person or authority has been prescribed under subparagraph 33(1)(o)(ii) or, if a person or authority has been prescribed under subparagraph 33(1)(o)(ii), to that person or authority.