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International Boundary Waters Regulations (SOR/2002-445)

Regulations are current to 2022-07-25

International Boundary Waters Regulations

SOR/2002-445

INTERNATIONAL BOUNDARY WATERS TREATY ACT

Registration 2002-12-05

International Boundary Waters Regulations

P.C. 2002-2072  2002-12-05

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 21Footnote a of the International Boundary Waters Treaty Act, hereby makes the annexed International Boundary Waters Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the International Boundary Waters Treaty Act. (Loi)

non-commercial project

non-commercial project means a project involving the removal of boundary waters in bulk in which no one is required to pay for the waters. (projet non commercial)

  •  (1) In these Regulations, removal of boundary waters in bulk means the removal of water from boundary waters and taking the water, whether it has been treated or not, outside the water basin in which the boundary waters are located

    • (a) by any means of diversion, including by pipeline, canal, tunnel, aqueduct or channel; or

    • (b) by any other means by which more than 50,000 L of boundary waters are taken outside the water basin per day.

  • (2) The removal of boundary waters in bulk does not include taking a manufactured product that contains water, including water and other beverages in bottles or packages, outside a water basin.

Licences

 An application for a licence or for the renewal or amendment of a licence must be submitted to the Minister and contain the following information:

  • (a) the name and address of the applicant;

  • (b) a description of the intended project;

  • (c) a description of the place where the project is to be located and the waters it will likely affect;

  • (d) if the project involves the use, obstruction or diversion of boundary waters and the project requires a licence under subsection 11(1) of the Act, a description of the increase or decrease in the natural flow or level of the boundary waters on the other side of the international boundary that would be caused by the project;

  • (e) if the project consists of the construction or maintenance of any remedial or protective work, dam or other obstruction in waters flowing from boundary waters, or in downstream waters of rivers flowing across the international boundary and the project requires a licence under subsection 12(1) of the Act, a description of the increase in the natural level of waters on the other side of the international boundary that would be caused by the project;

  • (f) a concise economic analysis of the direct and indirect benefits and costs of the project;

  • (g) a concise environmental analysis of the project that includes a description of the measures to be taken to protect the integrity of the ecosystem in which the project is located;

  • (h) a copy of any permit or other authorization issued in respect of the project; and

  • (i) any other details concerning the project that indicate how the project would be compatible with the management of the resources, environment and economy of Canada.

 The licence must include the conditions to which the licence is subject.

Water Removal

 Subsection 13(1) of the Act applies only in respect of the Canadian portion of the following water basins:

  • (a) Great Lakes — St. Lawrence Basin, which is the area of land from which water drains into the Great Lakes or the St. Lawrence River;

  • (b) Hudson Bay Basin, which is the area of land from which water drains into Hudson Bay; and

  • (c) Saint John — St. Croix Basin, which is the area of land from which water drains into the St. John River or the St. Croix River.

  •  (1) Subsection 13(1) of the Act does not apply to the removal of boundary waters other than the removal of boundary waters in bulk.

  • (2) Despite subsection (1), subsection 13(1) of the Act does not apply to boundary waters used in a conveyance, including a vessel, aircraft or train,

    • (a) as ballast;

    • (b) for the operation of the conveyance; or

    • (c) for people, animals or goods on or in the conveyance.

  • (3) Despite subsection (1), subsection 13(1) of the Act does not apply to boundary waters used in a non-commercial project on a short term basis for firefighting or humanitarian purposes.

Coming into Force

 These Regulations come into force on December 9, 2002.

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