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C.C.S.M. c. D101

The Drinking Water Safety Act

(Assented to August 9, 2002)

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

INTERPRETATION

Definitions

1(1)        In this Act,

"director" means a director designated under subsection 6(1); (« directeur »)

"domestic purposes" means the use of water for

(a) personal hygiene, drinking, preparing food or washing dishes or other items that come into contact with food, or

(b) other purposes prescribed by regulation; (« fins domestiques »)

"drinking water officer" means a person appointed as a drinking water officer under subsection 6(2); (« agent du Service de l'eau potable »)

"laboratory" means

(a) a laboratory accredited in accordance with the regulations, or

(b) a testing facility approved by the director and operated in accordance with the regulations; (« laboratoire »)

"medical officer" means a medical officer of health appointed under The Public Health Act; (« médecin hygiéniste »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"non-potable system" means a well, or a device or structure or an assemblage of devices and structures, used or intended to be used for the production or delivery of non-potable water; (« réseau d'eau non potable »)

"owner", in relation to a water system, includes a person who is

(a) responsible for the ongoing operation of the water system, or

(b) in charge of managing that operation,

and if the water system or part of it is owned by more than one person or is jointly owned, includes all of those owners; (« propriétaire »)

"person" includes a corporation, partnership, limited partnership, syndicate, trustee, joint venture, and an association of persons; (« personne »)

"personal health information" and "personal information" mean personal health information and personal information as defined in The Freedom of Information and Protection of Privacy Act; (« renseignements médicaux personnels » ou « renseignements personnels »)

"prescribed" means prescribed by the regulations;

"private water supplier" means an owner of a private water system; (« fournisseur d'un service d'eau privé »)

"private water system" means a water system that

(a) supplies water only to one private residence, or

(b) despite supplying water to commercial premises or to more than one private residence, is designated under clause 2(a) as a private water system; (« réseau privé d'alimentation en eau »)

"public water supplier" means an owner of a public water system; (« fournisseur d'un service d'eau public »)

"public water system" means a water system that

(a) has 15 or more service connections, or

(b) has fewer than 15 service connections, but is designated under clause 2(b) as a public water system; (« réseau public d'alimentation en eau »)

"semi-public water supplier" means an owner of a semi-public water system; (« fournisseur d'un service d'eau semi-public »)

"semi-public water system" means a water system that is not a public water system or a private water system; (« réseau semi-public d'alimentation en eau »)

"water supplier" means a person who is an owner of a water system; (« fournisseur d'un service d'eau»)

"water system" means a well, or a device or structure or an assemblage of devices and structures, used or intended to be used for the production, treatment, storage or delivery of potable water for domestic purposes. (« réseau d'alimentation en eau »)

Reference to "Act" includes regulations

1(2)        A reference to "this Act" includes the regulations made under this Act.

Director may designate system as private or public

2           After consulting with a medical officer about the potential risk to public health, the director may

(a) designate a water system that provides water to commercial premises or to more than one private residence as a private water system; or

(b) designate a water system that has fewer than 15 service connections as a public water system.

DRINKING WATER QUALITY STANDARDS

Drinking water quality standards

3           Every public water supplier and semi-public water supplier must comply with the drinking water quality standards specified in the regulations.

OFFICE OF DRINKING WATER

Office of Drinking Water established

4(1)        The Office of Drinking Water is hereby established.

Purpose

4(2)        The purpose of the Office of Drinking Water is to

(a) administer and enforce this Act and the regulations, licences, permits, advisories and orders made under it;

(b) provide guidance, technical expertise and up-to-date information and educational materials about drinking water safety to water suppliers and the public; and

(c) communicate with government departments and agencies, including federal, provincial and local governments, and with other persons, to share expertise and to facilitate co-operative efforts in drinking water programs and policies.

Annual report

5           Within six months after the end of the government's fiscal year, the director must prepare and submit to the minister a report about the Office's activities during that fiscal year.  The minister must lay a copy of the report before the Legislative Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

Designation of director

6(1)        The minister may designate one or more persons as a director for the purpose of this Act.

Appointment of drinking water officers

6(2)        The minister may appoint any person, or a class of persons, as a drinking water officer.

CONSTRUCTION AND ALTERATION OF WATER SYSTEMS

Construction or alteration of public or semi-public water systems

7(1)        No person shall

(a) construct or begin construction of; or

(b) alter;

a public water system or a semi-public water system except under the authority of a permit to do so issued by the director in accordance with the regulations.

Minor alterations may not require permit

7(2)        Despite subsection (1), if the director receives an application for a permit to alter a water system and is satisfied that the proposed alteration is minor and will not adversely affect the safety of water obtained from the water system, the director may by written notice to the applicant waive the requirement to obtain a permit for the alteration.

Permit may be subject to terms and conditions

7(3)        A permit under subsection (1) may be issued subject to terms and conditions that the director considers necessary to provide for

(a) the safety of water obtained from a water system; and

(b) effective environmental management.

Permit may contain expiry date

7(4)        A permit may state that it expires unless construction is begun or completed by a specified date.

Permit binding on subsequent owner

7(5)        A permit is binding on a person who purchases or otherwise becomes an owner of the water system.

OPERATING LICENCES FOR WATER SYSTEMS

Operating licence required for public water systems

8(1)        No person shall operate a public water system unless the person holds a current operating licence for the water system issued by the director in accordance with the regulations.

Operating licence required for semi-public water systems

8(2)        No person shall operate a semi-public water system unless the person holds a current operating licence for the water system issued by the director in accordance with the regulations.

Licence may be subject to terms and conditions

8(3)        An operating licence may be issued subject to terms and conditions that the director considers necessary to provide for

(a) the safety of water obtained from a water system; and

(b) effective environmental management.

Expiry of licence

8(4)        An operating licence must contain an expiry date.

Licence binding on subsequent owner

8(5)        An operating licence is binding on a person who purchases or otherwise becomes an owner of the water system.

ASSESSMENTS OF WATER SYSTEM INFRASTRUCTURE AND WATER SUPPLY SOURCES

Assessment to be conducted

9(1)        Within five years after the coming into force of this section, and at least once in every five-year period afterwards, every public water supplier and semi-public water supplier must

(a) conduct, or cause to be conducted, an assessment of the water system's infrastructure and its water supply source, in accordance with the regulations; and

(b) provide the director with a written report of the assessment in a form satisfactory to the director.

Additional assessments may be required

9(2)        In addition to the assessments under subsection (1), the director may require a water supplier to conduct, or cause to be conducted, an assessment of the water system's infrastructure or its water supply source at any time, in the manner required by the director, if

(a) the director reasonably believes that the infrastructure of the water system or its water supply source presents or may present a risk to the safety of water obtained from the water system; or

(b) the water system has been altered.

Director may order repairs or upgrades

10          On receiving a written report of an assessment under section 9, the director may order the water supplier to perform any further investigation and any repair, upgrade, or other work that the director reasonably considers necessary to address any matters that, in the director's opinion, present or may present a risk to the safety of water obtained from the water system.

DRINKING WATER SAFETY ORDERS

Drinking water safety orders

11(1)       Subject to subsection (4), the director, a medical officer or a drinking water officer may make a drinking water safety order under this section if he or she reasonably believes that

(a) water obtained from a water system is, may be or may become a risk to the health of persons; and

(b) an order is necessary to investigate, prevent, remedy, mitigate or otherwise deal with the risk.

Order may be directed to any person

11(2)       A drinking water safety order may be directed to any person.

Requirements of an order

11(3)       A drinking water safety order may require the person to whom it is directed to do anything, or refrain from doing anything, that the person issuing the order considers necessary to investigate, prevent, remedy, mitigate or otherwise deal with the risk, including one or more of the following:

(a) investigate the situation, or undertake tests, examinations, analyses, monitoring or recording, and provide the person issuing the order with any information that he or she requires;

(b) construct, alter, install, replace, remove, reconstruct, repair or do any other work

(i) in relation to a water system or to any other thing, or

(ii) in an area of the environment;

(c) cleanse, disinfect or destroy any thing specified in the order;

(d) stop delivery of water from the water system;

(e) provide users of the water system with an alternate supply of water for domestic purposes;

(f) stop any activity, or remove or remediate any contaminant or other material that is adversely affecting or may adversely affect the source of water for a water system.

Approval of medical officer required

11(4)       The director or a drinking water officer must obtain the approval of a medical officer before making a drinking water safety order that

(a) affects the availability of potable water to users of a water system;

(b) requires the water supplier to provide an alternate supply of potable water; or

(c) addresses an issue relating to the safety of water currently being obtained from the water system.

Immediate issuance of order

11(5)       Despite subsection (4), if in the time necessary for the director or a drinking water officer to obtain the approval of a medical officer the health risk to users of the water system could increase, the director or drinking water officer may make an order described in that subsection without obtaining that approval.  But a person who makes an order in this manner must notify a medical officer of the circumstances of the order as soon as is practicable.

Medical officer may revoke or amend order

11(6)       Upon receiving notice under subsection (5), a medical officer may revoke or amend the order.

Order may require standards to be exceeded

11(7)       An order may be made under this section or under section 12 or 13 even if it imposes requirements on a water supplier that are more stringent than the drinking water quality standards specified in the regulations.

Director may revoke or amend order

12          The director may, by order, revoke or amend an order made under section 11 by a drinking water officer.

Order to water supplier to hire interim operator

13(1)       If the prerequisites for an order under subsection 11(1) are met, the minister may, in addition to any order that may have been made under section 11 or 12, order a water supplier to enter into an agreement or arrangement with another person to take control of, operate and manage a water system or any part of a water system for a specified period, at the water supplier's expense and in accordance with the terms and conditions of the order.

Interim operator to comply with licence and Act

13(2)       A person who takes control of all or part of a water system under an agreement or arrangement described in subsection (1) is bound by the operating licence for that water system, and, except as specified in an order under subsection (1), is for all other purposes of this Act deemed to be a water supplier for that water system.

Financial terms and conditions

13(3)       In addition to any other terms and conditions that may be included, an order under subsection (1) may contain terms and conditions respecting

(a) the indemnification by a person of another person in relation to costs incurred as a result of an agreement or arrangement described in that subsection;

(b) the requirement of a person to provide financial security to another person in the form of insurance, a letter of credit, a bond or other form of security satisfactory to the minister.

GENERAL PROVISIONS ABOUT ORDERS

Order may contain terms and conditions

14(1)       An order issued under this Act may include terms and conditions if the person issuing the order considers that they are necessary to provide for

(a) the safety of water obtained from a water system; or

(b) effective environmental management.

Order may specify deadline

14(2)       An order issued under this Act may specify the time within which or the date by which the person to whom it is directed must comply with the order.

Action if order not complied with

15(1)       If a person to whom an order has been directed under section 10, 11, 12 or 13 fails to comply with it, unless a stay of the order has been granted under subsection 16(3),

(a) the director may, with the approval of a medical officer, suspend, cancel or refuse to renew the operating licence for the water system; or

(b) the director or a medical officer may take, or cause to be taken, any action that he or she considers necessary to carry out the order.

Order to pay costs

15(2)       If action is taken under clause (1)(b), the director or a medical officer may order the person to whom the order was directed to pay the costs of taking that action.

APPEALS TO THE MINISTER

Appeal of director's decision or order

16(1)       A person directly affected by

(a) a decision of the director under section 2;

(b) a decision of the director under section 7 or 8, or under the regulations, resulting in the issuance, renewal or refusal to issue or renew a permit or licence, the terms and conditions of a permit or licence, or the amendment, suspension or cancellation of a permit or licence; or

(c) an order made under section 10, 11 or 12;

may, by written notice to the minister within 14 days after the decision or the making of the order, or such further time as the minister allows, appeal the decision or order to the minister.

Content of notice of appeal

16(2)       A notice of appeal must state the reasons for the appeal and the facts relied upon.

Stay of decision or order

16(3)       An appeal of a decision or order does not stay the decision or order pending the appeal, unless the minister orders a stay.

Minister's power on appeal

16(4)       As soon as is reasonably practicable after receiving a notice of appeal, the minister must consider the appeal and

(a) confirm, vary or rescind the decision or order being appealed;

(b) make any decision or order that could have been made;

(c) refer the matter back to the director for reconsideration in accordance with directions given by the minister; or

(d) refer the matter to the Clean Environment Commission established under The Environment Act for its advice and recommendations, before making a decision or order under clause (a), (b) or (c).

Notice of decision or order

16(5)       Within seven days after making a decision or order under subsection (4), the minister must give notice of it to the appellant.

BOIL WATER ADVISORIES

Boil water advisory

17(1)       A boil water advisory may be issued by

(a) a medical officer; or

(b) with the approval of a medical officer, by the director or a drinking water officer;

if the person issuing the advisory reasonably believes that water from a water system is or may be unsafe for domestic purposes unless it is boiled or otherwise disinfected.

Approval not needed

17(2)       Despite subsection (1), if in the time necessary for the director or a drinking water officer to obtain the approval of a medical officer the health risk to users of the water system could increase, the director or drinking water officer may issue an advisory without obtaining that approval.  But a person who issues an advisory in this manner must notify a medical officer of the circumstances of the advisory as soon as is practicable.

Content of advisory

17(3)       A boil water advisory must advise users of the water system that, until further notice, the water is or may be unsafe and must be boiled or otherwise disinfected before it is used for any domestic purpose.  The advisory may contain any other information or specify any other action to be taken by users or water suppliers that the person issuing the advisory considers appropriate.

Notice of advisory

17(4)       The person who issues a boil water advisory may give notice of the advisory, or require the water supplier to give notice of the advisory, to users of the water system by any method the person issuing the advisory considers appropriate, which may include one or more of the following:

(a) delivering copies of the advisory to users;

(b) publishing the advisory in a newspaper distributed in the user area;

(c) broadcasting the advisory on a radio or television station received in the user area;

(d) posting copies of the advisory in publicly accessible locations in the user area;

(e) a method prescribed by regulation.

Termination of advisory

17(5)       When a medical officer believes that water from the water system is safe for domestic purposes without being boiled or otherwise disinfected he or she must terminate the boil water advisory and give notice of the termination to the water supplier.

Water not to be provided contrary to advisory

18(1)       No person who knows or ought reasonably to know of the existence of a boil water advisory shall provide to any other person

(a) water for domestic purposes; or

(b) a food or beverage containing or prepared with water;

if the water was obtained from a water system that is subject to the boil water advisory, unless the person providing the water, food or beverage has taken the action specified in the advisory.

Exemption for private residences

18(2)       Subsection (1) does not apply to a person who provides water, food or a beverage in the person's residence to a member of his or her family or to a guest.

Recovery of costs re boil water advisory

19(1)       The director or a medical officer may require the water supplier in relation to a water system for which a boil water advisory has been issued to pay the costs incurred by the government in

(a) giving notice under subsection 17(4); or

(b) sampling, testing or analyzing water from the water system to determine whether a boil water advisory should be issued or terminated.

Order for cost recovery

19(2)       If a water supplier does not pay the costs as required under subsection (1), the director may issue an order to the water supplier to pay the costs.

DISINFECTING WATER

Disinfection requirements

20(1)       Every

(a) public water supplier; and

(b) semi-public water supplier in relation to a water system for which disinfection is required by the regulations;

must disinfect the water system's water supply in accordance with the regulations.

Testing for disinfectant residuals

20(2)       A water supplier required to disinfect under this section must test the disinfected water supply for disinfectant residuals

(a) before the disinfected water leaves the treatment plant; and

(b) after the disinfected water has left the treatment plant, at prescribed time intervals and at representative points in the distribution system

in accordance with the regulations.

Records of disinfectant testing

20(3)       A water supplier required to disinfect under this section must

(a) make a record in the prescribed manner of all tests performed under this section; and

(b) retain each record in the prescribed manner for at least 24 months after the test date.

SAMPLING, ANALYSIS AND REPORTING

Routine sampling and analysis

21(1)       Every public water supplier and semi-public water supplier must sample and submit water samples from the water system to a laboratory for bacteriological and other prescribed analyses, in accordance with the regulations.

Private system sampling and analysis

21(2)       If required by the regulations, a private water supplier must sample and submit water samples from the water system to a laboratory for bacteriological and other prescribed analyses, in accordance with the regulations.

Reporting of results

22(1)       A laboratory that conducts an analysis of a sample from a water system must submit the results of the analysis to the director, in accordance with the regulations.

Emergency reporting of results

22(2)       If a laboratory conducts an analysis of a sample from a public water system or a semi-public water system, and the results indicate

(a) that a serious health risk to users of the system exists or may exist; or

(b) non-compliance with a drinking water quality standard specified in the regulations;

the laboratory must immediately notify the director, a medical officer or a drinking water officer, and provide the information that he or she requires.

Form of emergency notification

22(3)       A laboratory must give notice under subsection (2) in person to, or by live telephone conversation with, the person to whom notice is being given.  For greater certainty, the leaving of a recorded message on a voice-mail system or other form of telephone answering service or device is not a "live telephone conversation" for the purposes of this subsection.

Personal or confidential information may be disclosed

22(4)       The analysis results and any other information provided by a laboratory under this section may include personal information and proprietary or confidential information.

Follow-up and remedial action

23(1)       On receiving notice from a laboratory under subsection 22(2), the director, medical officer or drinking water officer must, as soon as is practicable and in addition to any other action he or she may take, notify the water supplier of receipt of the laboratory notice. The water supplier must then take follow-up measures and remedial action, in the manner and within the time required by the director, medical officer or drinking water officer.

Order

23(2)       When or after a water supplier is notified under subsection (1), the director, a medical officer or a drinking water officer may issue an order to the water supplier, and section 11 applies to the order, with the necessary changes.

Emergency reporting for private water system

24          If a laboratory conducts an analysis in relation to a private water system and the results indicate that a serious health risk to users of the system exists or may exist, the laboratory must notify the private water supplier as soon as is practicable, in accordance with the regulations, and advise him or her of the circumstances of the analysis and of the existence of the risk or possible risk.

RECORDS

Mandatory record-keeping

25          Every public water supplier and semi-public water supplier must make and retain written records relating to the operation of the water system, sampling and other prescribed matters, and provide periodic reports to the director or a drinking water officer, in accordance with the regulations.

DRINKING WATER QUALITY DATABASE

Director may establish and maintain database

26(1)       The director may establish and maintain a provincial drinking water quality database to assist in monitoring and tracking drinking water analyses, and in identifying drinking water quality trends and risks.

Information may be entered in database

26(2)       The director may enter any information received under this Act, and any other relevant information, in the database.  This information may include personal information and proprietary or confidential information.

Sharing information with other bodies

26(3)       For the purpose of preventing, controlling or dealing with risks to public health, the director may provide information from the database to any of the following:

(a) a medical officer or a drinking water officer;

(b) a government department or government agency;

(c) a municipality, local government district, school division or school district established under The Public Schools Act, regional health authority or other local authority established by or under an enactment;

(d) a band as defined in the Indian Act (Canada);

(e) a department or agency of the government of Canada or of another province or territory of Canada, or the government or an agency of the government of a foreign country or of a state, province or territory of a foreign country.

Personal, proprietary and confidential information

26(4)       The information referred to in subsection (3) may include personal information, and proprietary or confidential information.

Public reports

26(5)       The director may, on a periodic basis, issue public reports summarizing information contained in the database.

ENTRY AND INSPECTION

Inspection authority—director and medical officer

27(1)        When reasonably required to administer or determine compliance with this Act, the director or a medical officer may enter and inspect any place or premises, other than a dwelling, at any reasonable time.

Entry into dwelling with consent

27(2)       Despite subsection (1), the director or a medical officer may enter and inspect a dwelling with the consent of the owner or occupant.

Warrant for entry into dwelling

27(3)        On application by the director or a medical officer, a justice may at any time issue a warrant authorizing the director, a medical officer and any other person named in the warrant to enter and inspect a dwelling, if the justice is satisfied there are reasonable grounds to believe that

(a) entry to the dwelling is necessary for the purpose of administering or determining compliance with this Act; and

(b) in respect of the dwelling,

(i) entry has been refused or there are reasonable grounds to believe that entry will be refused,

(ii) the occupant is temporarily absent, or

(iii) the dwelling is unoccupied.

Conditions

27(4)       A warrant may be made subject to any conditions that may be specified in it.

Entry into dwelling in exigent circumstances

27(5)        The director or a medical officer may enter and inspect a dwelling without a warrant if the conditions for obtaining a warrant under subsection (3) exist but, because of exigent circumstances, it would not be practical to obtain a warrant.

Entry into premises in public health emergency

27(6)        Where the director or a medical officer reasonably believes there is an immediate risk to the health of persons, he or she may

(a) enter and inspect any place or premises, including a dwelling, at any time and without a warrant; and

(b) exercise any of his or her powers under this Act for the purpose of preventing, controlling or dealing with the risk.

Inspection authority—drinking water officer

27(7)       A drinking water officer

(a) has the same powers as the director and a medical officer under subsections (1), (2) and (3); and

(b) has the same powers as the director and a medical officer under subsections (5) and (6) if

(i) the director or a medical officer has authorized the drinking water officer to exercise the powers, or

(ii) the drinking water officer reasonably believes that immediate action is necessary and there is no time to locate the director or a medical officer.

Assistance to officials

27(8)        In exercising a power under this section, the director, a medical officer or a drinking water officer may use such force or obtain such assistance from a peace officer or other person as he or she considers necessary.

Additional inspection powers

28(1)       In addition to the powers referred to in section 27, when reasonably required to administer or determine compliance with this Act, the director, a medical officer or a drinking water officer may

(a) make any inspection, investigation, examination, test, analysis or inquiry that he or she considers necessary;

(b) detain or cause to be detained any vehicle or container that is used as a bulk water hauler;

(c) require any substance, thing, solid, liquid, gas, plant, animal or other organism to be produced for inspection, examination, testing or analysis;

(d) seize or take samples of any substance, thing, solid, liquid, gas, plant, animal or other organism;

(e) subject to subsection (2), require any person to

(i) provide information, including personal information, personal health information or proprietary or confidential information, or

(ii) produce any document or record, including a document or record containing personal information, personal health information or proprietary or confidential information, for examination or copying, or to retain as evidence; or

(f) take photographs or videotapes of a place or premises, or any condition, process, substance, thing, solid, liquid, gas, plant, animal or other organism located at or in it.

Personal health information

28(2)       Despite subsection (1), only a medical officer or a person authorized by a medical officer may require the production of personal health information or a document or record containing personal health information.

Use of data processing system and copying equipment

28(3)       In carrying out an inspection under this Act, the director, a medical officer or a drinking water officer may

(a) use a data processing system at the place where the records, documents or things are kept to examine any data contained in or available to the system;

(b) reproduce, in the form of a printout or other intelligible output, any record from the data contained in or available to a data processing system in the place; and

(c) use any copying equipment at the place to make copies of any record or document.

Assistance to officials

28(4)       A person who has custody or control of a record, document or thing referred to in subsection (1) must give the director, medical officer or drinking water officer

(a) all reasonable assistance to enable the director, medical officer or drinking water officer to carry out his or her duties; and

(b) any information he or she may reasonably require.

Cost recovery

29(1)       The director, medical officer or drinking water officer may require a public water supplier or a semi-public water supplier to pay the costs of testing, sampling or analysis under subsection 28(1).

Order for cost recovery

29(2)       If a water supplier does not pay the costs as required under subsection (1), the director may issue an order to the water supplier to pay the costs.

NON-POTABLE SYSTEMS

Non-potable systems

30          No person shall begin construction of, construct, alter or operate a non-potable system except in accordance with the regulations.

OFFENCES AND PENALTIES

Offences

31(1)       A person is guilty of an offence who

(a) contravenes a provision of this Act, or fails to comply with a provision of any order, licence or permit issued under this Act;

(b) makes a false statement to the director, a medical officer, a drinking water officer or any other person acting under the authority of this Act;

(c) provides a false statement in an application, record or any other document given or required under this Act; or

(d) hinders, obstructs or interferes with or attempts to hinder, obstruct or interfere with the director, a medical officer, a drinking water officer or any other person acting under the authority of this Act.

Continuing offence

31(2)       When a contravention of this Act or an order, licence or permit issued under this Act continues for more than one day, the person is guilty of a separate offence for each day the contravention continues.

Directors and officers of corporations

31(3)       If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of the offence.

Penalties for individuals

31(4)       Except as provided in subsection (5), a person who is guilty of an offence under this Act is liable on summary conviction,

(a) for a first offence, to a fine of not more than $50,000. or imprisonment for a term of not more than six months, or both; and

(b) for each subsequent offence, to a fine of not more than $100,000. or imprisonment for a term of not more than one year, or both.

Penalties for corporations

31(5)       A corporation that is guilty of an offence under this Act is liable on summary conviction,

(a) for a first offence, to a fine of not more than $500,000.; and

(b) for each subsequent offence, to a fine of not more than $1,000,000.

Limitation period

31(6)       A prosecution for an offence under this Act may be commenced not more than one year after the day on which evidence sufficient to justify a prosecution for the offence came to the knowledge of the director, a medical officer or a drinking water officer; and the certificate of the director, medical officer or drinking water officer as to the day on which the evidence came to his or her knowledge is evidence of that date.

Admissibility of certificate in evidence

32(1)       A certificate or report purporting to have been signed by a laboratory analyst stating that he or she has analyzed a sample of water or other substance and stating the results of the analysis is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the analyst who signed the certificate or report, and in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report, as the case may be.

Service of certificate on party

32(2)       No certificate or report or any copy or extract of a certificate or report referred to in subsection (1) shall be received in evidence unless the party intending to produce it has served on the party against whom it is intended to be produced, at least seven days prior to the date fixed for the hearing, a notice of the intention together with a duplicate of the certificate or report.

REPORTING OF VIOLATIONS

Persons may report suspected violation

33(1)       Any person who reasonably believes that a violation of this Act has occurred or may occur, may report the circumstances leading to that belief to a medical officer, the director or a drinking water officer.

If information personal or confidential

33(2)       A person may make a report under subsection (1) even if

(a) it requires the disclosure of personal information or personal health information; or

(b) the information on which the person's belief is based is proprietary or confidential information.

Protection from liability

33(3)       No action or other proceeding may be brought against a person for providing information in good faith under this section.

Adverse employment action prohibited

33(4)       No employer shall take adverse employment action against an employee because that person provided information in good faith under this section.

No interference or harassment

33(5)       No person shall interfere with or harass a person who provides information under this section.

GENERAL PROVISIONS

Appealing amount of costs

34          A person to whom an order under subsection 15(2), 19(2) or 29(2) is directed may appeal the amount of the costs, and section 16 applies to the appeal, with the necessary changes.

Enforcing cost-recovery order

35          An order to pay costs under subsection 15(2), 19(2) or 29(2) may be filed in the Court of Queen's Bench and enforced as if it were an order of the Court.

Serving documents

36          Any document required to be served or given under this Act is validly served or given

(a) when it is given personally to the person it is required to be served upon or given to or, in the case of a corporation, to an agent, director, officer or employee of the corporation; or

(b) if giving it to a person as described in clause (a) is not reasonable or possible in the circumstances,

(i) when it is sent to the person's address as shown in the records of the director, by registered mail, fax, electronic mail or any other type of mail or communication that provides confirmation of delivery, or

(ii) alternatively, in the case of an order that relates to a place or premises, when it is posted in a visible location on or at the place or premises.

Protection from liability

37          No action for damages or other proceeding lies or may be brought personally against any person acting under the authority of, or engaged in the administration or enforcement of, this Act

(a) for anything done or omitted in good faith in the performance or exercise, or intended performance or exercise, of a duty or power under this Act; or

(b) for any neglect or default in the performance or exercise, or intended performance or exercise, in good faith of a duty or power under this Act.

Act binds the Crown

38          This Act binds the Crown.

REGULATIONS

Regulations

39(1)       The Lieutenant Governor in Council may make regulations

(a) respecting the accreditation of laboratories;

(b) respecting the approval of testing facilities by the director, and their operation;

(c) prescribing uses of water for the purpose of the definition of "domestic purposes" in section 1;

(d) specifying drinking water quality standards;

(e) respecting the adoption, development, application, implementation and revision of drinking water quality guidelines and objectives;

(f) respecting the issuance, amendment, renewal, suspension and cancellation of permits to construct or alter water systems, including design and construction requirements to be met by applicants;

(g) respecting the issuance, amendment, renewal, suspension or cancellation of operating licences for water systems;

(h) respecting the manner in which assessments of water system infrastructure and water supply sources are to be conducted;

(i) prescribing methods of giving notice of boil water advisories;

(j) respecting disinfection requirements for water systems;

(k) respecting testing for disinfection residuals, including the prescribing of time intervals for the performing of such tests;

(l) prescribing requirements respecting records of tests for disinfection residuals, including the manner in which they are to be made and retained;

(m) respecting tests and analyses to be performed on water systems, including prescribing the types of tests and analyses to be performed;

(n) respecting the manner in which prescribed tests and analyses in relation to water systems are to be performed, and when they are to be performed;

(o) respecting the form in which and time by which laboratories are to submit results of analyses to the director;

(p) respecting the manner in which laboratories are to notify water suppliers of analyses that indicate a risk or possible risk to users of the water system;

(q) prescribing matters about which public water suppliers and semi-public water suppliers must make and retain records;

(r) respecting obligations on water suppliers to make and maintain written records, and to provide periodic reports to the director or a drinking water officer;

(s) respecting information that water suppliers are required to make publicly available and the manner in which information is to be made available, including requirements for the posting of permits, licenses, orders and advisories issued under this Act;

(t) respecting the siting, construction, maintenance, decommissioning, sealing, abandonment and use of water from wells constructed for domestic purposes;

(u) respecting sources of water used in the production of pre-packaged water for consumptive purposes, including the approval of sources by the director and the monitoring of sources;

(v) respecting water used for bulk distribution for consumptive purposes;

(w) respecting the protection of drinking water sources, groundwater recharge zones and areas adjacent to drinking water sources;

(x) respecting fees payable for permits and operating licences applied for, issued, amended or renewed under this Act or the regulations;

(y) respecting the costs of bacteriological and other prescribed analyses, including cost-sharing programs;

(z) respecting costs that are payable by a person with respect to the monitoring of, or the review of a person's obligation to monitor, the quality of water in relation to water provided for domestic purposes;

(aa) respecting costs that are payable by a person in respect of the review of a report on an assessment conducted under section 9;

(bb) respecting the construction, alteration and operation of non-potable systems;

(cc) respecting vehicles and containers used as bulk water haulers;

(dd) defining any word or phrase used but not defined in this Act;

(ee) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.

Regulation may apply to all or part of province

39(2)       A regulation, or any provision of a regulation, may apply to all or a part of the province only, and may apply specifically to one or more particular water systems.

40 to 42    

NOTE: These sections contained consequential amendments to other Acts that are now included in those Acts.

C.C.S.M. reference

43          This Act may be referred to as Chapter D101 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

44          This Act comes into force on a day fixed by proclamation.

NOTE:  S.M. 2002, c. 36, except sections 3, 7 to 10, 20 to 25 and 30, was proclaimed in force January 30, 2004.

Sections 3 and 7, subsections 8(1), (3), (4) and (5), and sections 9, 10, 20 to 25, and 30 were proclaimed in force March 1, 2007.

Subsection 8(2) was proclaimed in force March 1, 2008.

 

 


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