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The Groundwater and Water Well Act

C.C.S.M. c. G110

The Groundwater and Water Well Act

PART 1
INTRODUCTORY PROVISIONS
1 Definitions
2 Reference to "Act" includes regulations
3 Geographic location of an aquifer or groundwater
4 Purpose of this Act
5 Exclusions from application of this Act
6 Exclusions from licensing and certification requirements
7 (1) Appointment of directors
(2) Appointment of well drilling officers
PART 2
LICENSING AND CERTIFICATION
WELL DRILLING CONTRACTORS
8 Licence required for well construction business
9 (1) Application for licence or renewal of licence
(2) Applicant to provide information and licence fee
10 Well drilling contractor licence
11 (1) Refusal to issue licence
(2) Applicant is a corporation or partnership
(3) Reasons for refusal
12
13 Terms and conditions of licence
14 to 19
PROVISIONS APPLICABLE TO BOTH LICENSING AND CERTIFICATION
20 Licence or certificate not transferable or assignable
21 Additional terms and conditions of licence or certificate
22 (1) Duration of licence or certificate
(2) Validity during consideration of renewal application
23 (1) Refusal to renew, cancellation and suspension
(2) Notice required
(3) Extending time
(4) If no submission made or hearing arranged
(5) Decision after submission or hearing
(6) When cancellation or suspension becomes effective
24 (1) Appeal to minister
(2) How to appeal
(3) Content of notice of appeal
(4) Stay of decision
(5) Minister's decision
(6) Decision is final
(7) Notice of decision
25 Reinstatement
PUBLIC REGISTER OF WELL DRILLING CONTRACTORS, WELL DRILLERS AND WELL SEALERS
26 (1) Director to establish and maintain public register
(2) Information to be contained in the public register
(3) Director to be notified of change in information
27 Availability of information in the public register
PART 3
PROTECTION OF AQUIFERS AND GROUNDWATER
PROHIBITIONS
28 Protecting groundwater — well construction and sealing
29 (1) Prohibition — deposit of contaminants, etc.
(2) Exception if activity is authorized
CONTAMINATION FOUND DURING CONSTRUCTION OR SEALING
30 Suspected contamination
31 (1) Construction to stop if contamination found or suspected
(2) Construction not to resume without authorization
(3) Action to prevent spread of contamination
(4) Section does not apply
(2) Sealing not to resume without authorization
(3) Action to prevent spread of contamination
(4) Section does not apply
PERMITS AND OTHER SPECIAL REQUIREMENTS
33
34 Sensitive groundwater areas
35 Injection wells
36 Permit and other requirements not applicable to a minor modification or repair
37 Process for applying for permits
38 (1) Director may issue permit
(2) Permit may contain expiry date
FLOWING ARTESIAN CONDITIONS
39 (1) Control of flow from a flowing artesian well or test hole during and upon completion of construction
(2) Uncontrolled flow during and upon completion of construction
(3) Property owner to ensure no uncontrolled flow
40 Order may be made
DESIGNATED FLOOD AREAS
41 (1) Well protection in designated flood areas
(2) Transitional provision for existing wells
WELL AND SITE MAINTENANCE
42 Well and site maintenance
WELL CONSTRUCTION AND WELL SEALING STANDARDS
43 Well construction standards
44 Well sealing standards
DECLARING A WELL OR TEST HOLE TO BE CONTAMINATED OR ABANDONED
45 Declaring well or test hole to be contaminated
46 Declaring well or test hole to be abandoned
47 (1) Notice to be given to owner
(2) Owner may object to declaration
(3) Director to review decision
48 (1) Rescinding declaration of a contaminated well
(2) Rescinding declaration of an abandoned well
(3) Notice to be given to owner
49 (1) Owner to ensure abandoned well is sealed
(2) Applies whether or not well declared abandoned
WELL CONSTRUCTION AND WELL SEALING REPORTS
50 (1) Well construction and well sealing reports
(2) and (3)
(4) Combined report
(5) Retaining copy of report
51 Field log
PART 4
ADDITIONAL MEASURES, ORDERS AND COMPLIANCE
52 Additional groundwater protection measures may be required
WELL CONSTRUCTION AND WELL SEALING ORDERS
53 (1) Well construction and well sealing orders
(2) Approval of medical officer required
(3) Immediate issuance of order
(4) Medical officer may revoke or amend order
(5) Oral orders
(6) Confirming an oral order in writing
(7) Order may be directed to any person
(8) Requirements of an order
(9) Order may contain terms and conditions
(10) Cost of order and deadline
(11) Director may stay, revoke or amend order
54 (1) Action if order not complied with
(2) Suspending, etc., person's licence or certificate
(3) Order to pay costs
(4) Appealing amount of costs
(5) Enforcing cost-recovery order
55 Section 54 inapplicable if order stayed
56 (1) Appeal of order
(2) Content of notice of appeal
(3) Stay of order
(4) Minister's power on appeal
(5) Decision is final
(6) Notice of decision
ENTRY AND INSPECTION
57 (1) General power of entry and inspection
(2) Limited power re dwelling
(3) Director may enter dwelling in exigent circumstances
(4) Well drilling officer may enter dwelling in exigent circumstances
(5) Obtaining assistance
58 (1) Warrant for entry and inspection
(2) Conditions
(3) Application without notice
59 (1) Additional inspection powers
(2) Authority of assistant
60 Owner or occupant to provide assistance
61 (1) Cost recovery
(2) Order for cost recovery
(3) Appealing amount of costs
(4) Enforcing cost-recovery order
62 Identification to be shown
63 (1) Use of data processing system and copying equipment
(2) Assistance to officials
(3) Removal of records, etc. to make copies
64 Copies as evidence
OFFENCES AND PENALTIES
65 (1) Offences
(2) Continuing offence
(3) Directors and officers of corporations
(4) Penalties for individuals
(5) Penalties for corporations
(6) Limitation period
66 (1) Certificate of analyst admissible
(2) Serving certificate on other parties
REPORTING VIOLATIONS
67 (1) Persons may report suspected violation
(2) If information is personal, proprietary or confidential
(3) Protection from liability
(4) Adverse employment action prohibited
(5) No interference or harassment
PART 5
MANAGEMENT OF AQUIFERS AND GROUNDWATER
SURVEYS AND STUDIES
68 (1) Surveys and studies
(2) Right of entry for survey or study
AQUIFER MANAGEMENT PLANS
69 Designating aquifer management zones
70 Appointing aquifer planning authorities
71 Considerations in preparing a plan
72 (1) Content of an aquifer management plan
(2) Plan may contain review date
73 (1) Consultation
(2) Public meetings
74 Plan to be submitted to minister for approval
75 (1) Referring plan to the water council
(2) Approval of the minister
(3) Referring plan back to authority
(4) Revising the plan
76 (1) Amending a plan after approval
(2) Minister may require amendments
(3) Section 75 applies
77 Notice of an approved plan
78 Periodic review
79 Plan to be considered in decision-making
PART 6
PUBLIC REGISTRY OF GROUNDWATER INFORMATION
80 (1) Public registry of groundwater information
(2) Availability of information in the public registry
81 Director may make other information available
82 Public reports
PART 7
GENERAL PROVISIONS
83 Release of rights void
84 Protection from liability
85 Act binds the Crown
PART 8
REGULATIONS
86 (1) Regulations — well construction standards
(2) Regulations — well sealing standards
(3) Regulations — other matters
(4) Incorporation by reference
(5) Scope of regulations
(6) Public consultation in regulation development
87 (1) Varying of requirements by minister
(2) Reasons for certain ministerial actions
PART 9
TRANSITIONAL PROVISIONS
88 (1) Persons licensed to carry on the business of drilling wells
(2) Licence continued
(3) Application for licence continued
PART 10
RELATED AND CONSEQUENTIAL AMENDMENTS
89 to 92
PART 11
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
93 Repeal
94 C.C.S.M. reference
95 Coming into force