1992 Legislative Session: 1st Session, 35th Parliament
THIRD READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


Certified correct as passed Third Reading on the 1st day of June, 1992
Ian D. Izard, Law Clerk.


MINISTER OF ENVIRONMENT,
LANDS AND PARKS

BILL 24 -- 1992
WATER AMENDMENT ACT, 1992

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Water Act, R.S.B.C. 1979, c. 429, is amended

(a) by adding the following definitions:

"approval" means an approval of the comptroller, regional water manager or engineer under section 7 or 7.1 of this Act;

"changes in and about a stream" means

(a) any modification to the nature of a stream including the land, vegetation, natural environment or flow of water within a stream, or

(b) any activity or construction within the stream channel that has or may have an impact on a stream; ,

(b) by repealing the definitions of "comptroller" and "engineer" and substituting the following:

"comptroller" means a person employed by the Crown and designated in writing by the minister as the Comptroller of Water Rights and includes any persons designated in writing by the minister as acting, deputy or assistant comptrollers;

"engineer" means a professional engineer employed by the Crown and designated in writing by the comptroller as an engineer, and includes a regional water manager; ,

(c) by adding the following definitions:

"natural boundary" has the same meaning as in the Land Act;

"officer" means

(a) a person or class of persons employed by the Crown and designated in writing by the comptroller as an officer, or

(b) a person designated as a conservation officer under section 9 (1) of the Environment Management Act; ,

(d) by repealing the definition of "regional water manager" and substituting the following:

"regional water manager" means a person employed by the Crown and designated in writing by the minister as a regional water manager and includes a person designated in writing by the minister as an acting or assistant regional water manager; ,

(e) by adding the following definition:

"stream channel" means the bed of a stream and the banks of a stream, whether above or below the natural boundary and whether usually containing water or not, including all side channels; , and

(f) by repealing the definition of "works" and substituting the following:

"works" means

(a) anything capable of or used for

(i) diverting, storing, measuring, conserving, conveying, retarding, confining or using water,

(ii) producing, measuring, transmitting or using electricity, or

(iii) collecting, conveying or disposing of sewage or garbage or preventing or extinguishing fires,

(b) booms and piles placed in a stream,

(c) obstructions placed in or removed from streams or the banks or beds of streams, and

(d) changes in and about a stream,

and includes access roads to any of them.

2 Section 7 (1) is repealed and the following substituted:

(1) If diversion or use of water is required for a term not exceeding a period of 12 months, the comptroller or a regional water manager may, without issuing a licence, grant an approval in writing, approving the diversion or use, or both, of the water on the conditions the comptroller or regional water manager considers advisable, but the diversion or use, or both, are subject to the same provisions as if the approval were a licence.

3 The following section is added:

Changes in and about a stream

7. (1) The comptroller, a regional water manager or an engineer may grant an approval in writing authorizing on the conditions he or she considers advisable

(a) a person to make changes in and about a stream,

(b) a minister of the Crown, either in right of Canada or of British Columbia, to make changes in and about a stream, or

(c) a municipality to exercise its powers under Division (3) of Part 13 of the Municipal Act.

(2) A minister or other person or a municipality may only make changes in and about a stream in accordance with an approval under this section or in accordance with the regulations or a licence or order under this Act.

4 Section 15 is amended by adding the following subsections:

(5) The comptroller or a regional water manager may amend an approval granted under section 7 or 7.1 and an engineer may amend an approval granted under section 7.1, on the conditions he or she considers advisable.

(6) If the amendment to the approval would substantially change that approval, the comptroller or regional water manager acting under section 7 or 7.1, or the engineer acting under section 7.1, may issue in substitution for it another approval on the conditions he or she considers advisable.

5 Section 18 (1) is repealed and the following substituted:

(1) Every licensee, holder of an approval or person who makes a change in and about a stream in accordance with the regulations shall exercise reasonable care to avoid damaging land, works, trees or other property, and shall make full compensation to the owners for damage or loss resulting from construction, maintenance, use, operation or failure of the works.

6 Section 19 is repealed and the following substituted:

Records

19 Every licensee, holder of an approval or person who makes a change in and about a stream in accordance with the regulations shall keep the records prescribed by the regulations and any other records that the comptroller, a regional water manager or an engineer directs, and shall produce them for inspection when required.

7 Section 20 is amended

(a) in subsection (1) by striking out "section 7" wherever it appears and substituting "section 7 or 7.1",

(b) in subsections (2), (4), (5), (6), (8) and (9) by striking out "the comptroller" wherever it appears and substituting "the comptroller or a regional water manager",

(c) by repealing subsection (2) (g) and substituting the following:

(g) the licensee's failure to comply with an order of the comptroller or a regional water manager or an engineer; , and

(d) in subsection (3) by striking out "the comptroller's proposal" and substituting "the comptroller's or regional water manager's proposal" and by striking out "the comptroller" and substituting "the comptroller or the regional water manager".

8 Section 21 (2) and (3) are amended by striking out "the comptroller" and substituting "the comptroller or a regional water manager".

9 Section 28 is repealed.

10 Section 30 is amended by adding ", officer" after "engineer".

11 Section 34 is repealed and the following substituted:

Powers of comptroller andregional water manager

34 (1) In addition to the other powers given under this Act and the regulations, the comptroller may at any time do any act or thing that a regional water manager, engineer or officer is empowered to do under this Act or the regulations.

(2) In addition to the other powers given under this Act and the regulations, a regional water manager may at any time do any act or thing that an engineer or officer is empowered to do under this Act or the regulations.

12 Section 35 is amended by adding the following subsection:

(3) A person authorized by the comptroller under this section may enter onto land at any reasonable time and may take with him or her any other persons or equipment as may be necessary for the purpose of doing the things that he or she is authorized to do.

13 Section 37 is repealed and the following substituted:

Powers of engineers and officers

37 (1) In addition to all other powers given under this Act and the regulations, an engineer may

(a) inspect, regulate, close or lock any works,

(b) inspect and regulate the construction of any works,

(c) determine what constitutes beneficial use of water,

(d) order the repair, alteration, improvement, removal of or addition to any works,

(e) order the restoration or remediation of any changes in and about a stream,

(f) order the construction, installation and maintenance of any measuring device,

(g) regulate, in person or through an officer or a water bailiff, and make orders with respect to the diversion, rate of diversion, storage, carriage, distribution and use of water,

(h) determine the allowances of water to offset evaporation, seepage and other losses,

(i) order the release of stored or impounded water that the engineer considers a danger to life and property,

(j) order a person to cease putting or not to put any sawdust, timber, tailings, gravel, refuse, carcass or other thing or substance into a stream, or

(k) order a person to remove from a stream any substance or thing that he or she has put or permitted to get into the stream.

(2) An order under subsection (1) may be made subject to any conditions the engineer considers advisable.

(3) Subject to the direction of an engineer, every officer may

(a) regulate, close or lock any works,

(b) regulate the construction of any works, or

(c) regulate, in person or through a water bailiff, the diversion, rate of diversion, storage, carriage, distribution and use of water.

(4) An officer may inspect works, the construction of works, an existing or proposed water use and any activity or changes in and about a stream and any records related to the works, construction, use, activity or changes.

14 Section 38 (1.1) (a) is amended by striking out "except an order cancelling a licence".

15 Section 39 is repealed.

16 Section 41 is amended

(a) in subsection (1) (a) by striking out "or a licence;" and substituting "or the regulations or under a licence or approval;",

(b) by repealing subsection (1) (b) and substituting the following:

(b) without lawful authority, wilfully destroys, damages or interferes with the works of a licensee, a person who has obtained an approval or a person who has constructed the works in accordance with the regulations; ,

(c) by repealing subsection (1) (i) and substituting the following:

(i) wilfully interferes with a headgate, ditch or controlling works that an engineer, officer or water bailiff has regulated;

(i.1) wilfully destroys a notice posted by an applicant, engineer, officer or water bailiff; ,

(d) in subsection (1) by striking out "or" at the end of paragraph (p) and by adding the following paragraphs:

(r) makes changes in and about a stream without lawful authority; or

(s) breaches a term or condition of a licence, an approval or the regulations. , and

(e) by repealing subsection (2) and substituting the following:

(2) A person who commits an offence under this section is liable on conviction

(a) to a fine of not more than $200 000, and

(b) where the offence is a continuing one, to a fine of not more than $200 000 for each day the offence is continued

or to imprisonment not exceeding 12 months, or to both a fine and imprisonment.

(3) Where a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits the offence notwithstanding that the corporation is convicted.

(4) An information for or in respect of any offence against this Act or the regulations shall be laid before the expiration of one year from the time of the happening of the offence.

17 Section 46 is amended by striking out "and" at the end of paragraph (d) and by adding the following paragraphs:

(f) the use, construction, maintenance, operation, alteration, abandonment and removal of any works;

(g) the commencement, continuation or cessation of any activity that causes or allows to be caused any changes in and about a stream;

(h) the duties and obligations of persons who undertake any works or changes in and about a stream; and

(i) the records that must be kept for the purpose of section 19.

18 Section 48 is amended by adding "officer," after "engineer,".

 
Consequential Amendment

 
Environment Management Act

19 The Schedule to the Environment Management Act, S.B.C. 1981, c. 14, is amended by adding the following:

Column 1

Column 2

 Water Act 

officer

Commencement

20 This Act comes into force by regulation of the Lieutenant Governor in Council.


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