1st Session, 40th Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).
Bill 25
THE GROUNDWATER AND WATER WELL AND RELATED AMENDMENTS ACT
Section |
Table of Contents |
| 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(1) | Identification plates and annual validation strips |
| (2) | Identification plates and strips to be affixed |
| (3) | Identification plates and strips not transferable |
| 13 | Terms and conditions of licence |
| 14 | Work must be done by qualified persons |
| WELL DRILLERS AND WELL SEALERS | |
| 15(1) | Certificate required for well construction |
| (2) | Certificate required for well sealing |
| 16(1) | Application for certificate or renewal of certificate |
| (2) | Applicant to provide information and certificate fee |
| 17 | Certificate of qualification |
| 18(1) | Refusal to issue certificate |
| (2) | Reasons for refusal |
| 19 | Terms and conditions of certificate |
| 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 | |
| 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(1) | |
| (2) | Work to be done in accordance with requirements |
| (3) | Application of section |
| 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) | |
| (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) | Work under supervision of another professional |
| (3) | Report must also be given to contractor |
| (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 | C.C.S.M. c. D101 amended |
| 90(1) | C.C.S.M. c. P80 amended |
| (2) | |
| (3) | |
| 91(1) | C.C.S.M. c. W65 amended |
| (2) | |
| (3) | |
| (4) | |
| (5) | |
| (6) | |
| (7) | |
| 92 | Consequential amendment, C.C.S.M. c. W70 |
| PART 11 | |
| REPEAL, C.C.S.M. REFERENCE | |
| AND COMING INTO FORCE | |
| 93 | Repeal |
| 94 | C.C.S.M. reference |
| 95 | Coming into force |