BILL 61 -- 2002: DRINKING WATER PROTECTION AMENDMENT ACT, 2002

2002 Legislative Session: 3rd Session, 37th Parliament
FIRST READING

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

HONOURABLE COLIN HANSEN
MINISTER OF HEALTH SERVICES

BILL 61 -- 2002

DRINKING WATER PROTECTION
AMENDMENT ACT, 2002

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 Drinking Water Protection Act, S.B.C. 2001, c. 9, is amended

(a) by repealing the definitions of "designated environment official" and "environment minister",

(b) in the definition of "intake water" by striking out "water supply system," and substituting "domestic water system,",

(c) by repealing the definition of "medical health officer" and substituting the following:

"medical health officer" means the medical health officer, as defined in the Health Act, who has responsibility in relation to the matter; , and

(d) by repealing the definition of "Provincial drinking water coordinators".

2 Section 3 (3) is repealed and the following substituted:

(3) In determining the qualifications for appointments under subsection (2), the minister must consult with the Provincial health officer.

3 Section 4 is repealed and the following substituted:

Guidelines and directives respecting drinking water protection

4 (1) The minister may establish

(a) guidelines that must be considered, and

(b) directives that must be followed

by drinking water officers and other officials in exercising powers and performing duties or functions under this Act and the Health Act in relation to drinking water.

(2) The Provincial health officer must monitor compliance of drinking water officers with guidelines and directives established under this section.

Annual drinking water protection report

4.1 (1) The Provincial health officer must prepare and deliver to the minister an annual report respecting activities under this Act for the past year.

(2) After receiving an annual report under subsection (1),

(a) the minister must promptly lay the report before the Legislative Assembly if it is in session, or

(b) if the Legislative Assembly is not in session, the minister must file the report with the Clerk of the Legislative Assembly.

Reports respecting problems related to Provincial government actions

4.2 (1) The Provincial health officer must report to the minister on any situation that

(a) in the opinion of the Provincial health officer, significantly impedes the protection of public health in relation to drinking water, and

(b) arises in relation to the actions or inaction of one or more ministries, government corporations or other agents of the government.

(2) If the Provincial health officer makes a report under subsection (1) and the situation cannot be resolved to the satisfaction of the Provincial health officer, the minister must bring the situation to the attention of the Executive Council.

4 Section 7 is amended by adding the following subsection:

(4.1) An issuing official may include in a construction permit terms and conditions the official considers advisable respecting the construction, installation, alteration or extension.

5 Section 20 (2) is repealed and the following substituted:

(2) In determining the directions to give for the purposes of subsection (1), the drinking water officer must consult with the medical health officer.

6 Section 31 is repealed and the following substituted:

Order designating area for planning process

31 (1) The minister may, by order made on the recommendation of the Provincial health officer, designate an area for the purpose of developing a drinking water protection plan for the area.

(2) The Provincial health officer may only recommend that an order be made under this section if

(a) based on monitoring or assessment results, the Provincial health officer is satisfied that a drinking water protection plan will assist in addressing or preventing a threat to drinking water that the Provincial health officer considers may result in a drinking water health hazard, and

(b) no other practicable measures available under this Act are sufficient to address or prevent the drinking water health hazard.

(3) The Provincial health officer must consider whether to make a recommendation under this section if requested by a drinking water officer.

(4) A local authority or water supplier may request a drinking water officer to make a request under subsection (3).

7 Section 32 (1) is repealed and the following substituted:

(1) The minister may, by order, establish the process by which a proposed drinking water protection plan for a designated area is to be developed.

8 Section 34 is repealed and the following substituted:

Approval of drinking water protection plan

34 (1) After a proposed plan has been prepared, it must be submitted to the minister, who must refer it to the Provincial health officer for review.

(2) After the review required by subsection (1), the minister must place the proposed plan and the comments of the Provincial health officer before the Lieutenant Governor in Council, who may approve all or part of the proposed plan as a drinking water protection plan.

(3) If a drinking water protection plan is approved under subsection (2), the minister must arrange for the plan to be made public.

9 The following section is added:

Implementing a plan: relationship with other planning processes

35.1 (1) For the purposes of implementing a drinking water protection plan, the Lieutenant Governor in Council may, by regulation, do one or more of the following:

(a) require that other specified Provincial government or local authority strategic or operational planning processes, or classes of such processes, consider the drinking water protection plan;

(b) require that the results of specified Provincial government or local authority strategic or operational planning processes, or classes of such processes, be consistent with the drinking water protection plan;

(c) provide that specified Provincial government or local authority strategic or operational plans, bylaws or other planning documents, or classes of such plans, bylaws or other documents, do not have legal effect to the extent of any inconsistency with the drinking water protection plan.

(2) A provision under subsection (1) (c) applies despite any other enactment.

10 Section 39 is repealed and the following substituted:

Review and amendment of plans

39 The minister may, by order made on the recommendation of the Provincial health officer, direct that a current drinking water protection plan be reviewed to determine whether amendments should be made, and this Part applies to the review and to any amendment to the plan proposed by the review.

11 The following section is added in Part 6:

Reconsiderations and reviews of drinking water officer decisions

39.1 (1) In this section, "decision" means a decision of a drinking water officer under any of the following:

(a) section 19 [drinking water officer authority in relation to assessments];

(b) section 25 [hazard abatement and prevention orders];

(d) section 31 (4) [request respecting plan initiation];

(e) a decision resulting from a reconsideration under subsection (3) of this section.

(2) Subject to the regulations, a person affected by a decision may

(a) request a reconsideration of the decision under subsection (3), if the person considers that there is sufficient new evidence for this purpose, or

(b) request a review of the decision under subsection (4).

(3) If a reconsideration is requested and the drinking water officer is satisfied that there is sufficient new evidence respecting the matter to justify a reconsideration, the drinking water officer may reconsider the matter and may confirm, vary or reverse the initial decision.

(4) If a review is requested,

(a) the review is to be conducted by the Provincial health officer or a medical health officer designated by the Provincial health officer,

(b) the review is to be a review based on the record,

(c) the person conducting the review may require the applicant to give notice of the review in accordance with the person's directions, and

(d) the person conducting the review may

(i) confirm, vary or reverse the initial decision, or

(ii) refer the matter back to the drinking water officer, with or without directions.

12 Section 48 (3) is amended

(a) by adding the following paragraph:

(h.1) restricting who may request reconsiderations or reviews under section 39.1 [reconsiderations and reviews of drinking water officer decisions], restricting what decisions may be reconsidered or reviewed and establishing procedures, time limits, fees, evidentiary rules and other matters respecting such reconsiderations and reviews; , and

(b) by repealing paragraph (i) and substituting the following:

(i) providing for reconsiderations, reviews or appeals of orders and other decisions under this Act, other than those referred to in section 39.1, including restricting who may request them and establishing procedures, time limits, fees, evidentiary rules and other matters respecting them; .

Explanatory Notes

SECTION 1: [Drinking Water Protection Act, amends section 1]

repeals definitions as a consequence of removing the involvement of environment officials in the administration of the Act;

corrects a description in the definition of "intake water";

replaces the definition of "medical health officer" to recognize that there may be a number of medical health officers acting within a region of the Province;

repeals the definition of "Provincial drinking water coordinators" as the role of these officials is to be transferred to the Provincial health officer.

SECTION 2: [Drinking Water Protection Act, repeals and replaces section 3 (3)] removes a reference to the Provincial drinking water coordinators.

SECTION 3: [Drinking Water Protection Act, re-enacts section 4 and enacts sections 4.1 and 4.2]

by the proposed section 4, removes the provision providing for the appointment of Provincial drinking water coordinators and transfers their authority in relation to guidelines and directives to the minister;

by the proposed section 4.1, transfers the requirement for an annual report from the Provincial drinking water coordinators to the Provincial health officer;

by the proposed section 4.2, establishes a process by which issues related to drinking water protection involving Provincial ministries and government agencies may be referred to Cabinet.

SECTION 4: [Drinking Water Protection Act, adds section 7 (4.1)] provides issuing officials with express authority in relation to construction permits that is equivalent to the authority provided for water supply system operating permits.

SECTION 5: [Drinking Water Protection Act, repeals and replaces section 20 (2)] removes a requirement to consult with environment officials respecting the preparation of water source and system assessments.

SECTION 6: [Drinking Water Protection Act, re-enacts section 31]

replaces a requirement for consultation with the environment minister with a requirement for a Provincial health officer recommendation;

establishes the conditions that must exist for the Provincial health officer to make such a recommendation, which are more restrictive than the current authority to initiate a protection plan for the purpose of addressing or preventing a threat to drinking water that is not a health hazard;

allows local authorities and water suppliers to request a recommendation.

SECTION 7: [Drinking Water Protection Act, repeals and replaces section 32 (1)] removes a requirement for consultation with the environment minister.

SECTION 8: [Drinking Water Protection Act, re-enacts section 34] replaces references to the Provincial drinking water coordinators with references to the Provincial health officer.

SECTION 9: [Drinking Water Protection Act, enacts section 35.1] allows regulations to

require that other planning processes be consistent with a drinking water protection plan;

make the plan prevail over other planning processes.

SECTION 10: [Drinking Water Protection Act, re-enacts section 39] replaces a requirement for consultation with the environment minister with a requirement for a Provincial health officer recommendation.

SECTION 11: [Drinking Water Protection Act, enacts section 39.1 to Part 6] establishes a statutory right to have certain decisions by a drinking water officer reconsidered by the drinking water officer or reviewed by the Provincial health officer or a medical health officer.

SECTION 12: [Drinking Water Protection Act, amends section 48 (3)] changes the regulation-making authority in relation to reconsiderations and reviews of drinking water officer decisions as a result of providing a statutory right of review under the proposed section 39.1.

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