3rd Session, 43rd Legislature

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Bill 21

THE DRINKING WATER SAFETY AMENDMENT ACT

(Assented to                                         )

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

C.C.S.M. c. D101 amended

1   The Drinking Water Safety Act is amended by this Act.

2   Subsection 1(1) is amended

(a) in the definition "medical officer", by adding "or designated" after "appointed"; and

(b) by replacing the definitions "private water system", "public water system" and "semi-public water system" with the following:

"private water system" means a water system that

(a) supplies water only to one private residence unless the water system has been designated as a public water system under clause 2(1)(b) or a semi-public water system under clause 2(1)(c), or

(b) has been designated as a private water system under clause 2(1)(a); (« réseau privé d'alimentation en eau »)

"public water system" means a water system that

(a) has 15 or more service connections unless the water system has been designated as a private water system under clause 2(1)(a) or a semi-public water system under clause 2(1)(c), or

(b) has been designated as a public water system under clause 2(1)(b); (« réseau public d'alimentation en eau »)

"semi-public water system" means a water system that is not a private water system or a public water system and includes a water system that has been designated as a semi-public water system under clause 2(1)(c); (« réseau semi-public d'alimentation en eau »)

3   Section 2 is replaced with the following:

Director may designate water system as private, public or semi-public

2(1)   Subject to subsection (3) and the regulations, the director may designate any water system as

(a) a private water system;

(b) a public water system; or

(c) a semi-public water system.

Designation may be subject to terms and conditions

2(2)   A designation under subsection (1) may be made 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.

Approval of medical officer required

2(3)   Before making a designation under subsection (1), the director must consult with a medical officer about the potential risk to public health and obtain the medical officer's approval.

4   Subsections 8(1) and (2) are replaced with the following:

Operating licence required for public and semi-public water systems

8(1)   A person must not operate a public water system or 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.

5   Subsection 11(7) is amended by striking out "section 12 or 13" and substituting "section 12, 12.1 or 13".

6   The following is added after section 12:

Order to operate water system

12.1(1)   If, after reasonable investigation, the director is unable to identify any owner of a water system or determines that a water system does not have an owner, the director may order a person who owns or controls the land on which the water system is located to take control of, operate and manage the water system or any part of the water system for a specified period, at the person's expense and in accordance with the terms and conditions of the order.

Prerequisites

12.1(2)   The director may make an order under subsection (1) only if the prerequisites for an order under subsection 11(1) are met.

Licence must be obtained

12.1(3)   If the water system described in subsection (1) is a public water system or a semi-public water system, the person to whom the order is directed must obtain an operating licence for the water system within the time period specified in the order.

Compliance with Act

12.1(4)   A person to whom an order is directed under subsection (1) is for the purposes of this Act deemed to be a water supplier for the water system except as specified in the order.

Other orders

12.1(5)   The director may make an order under this section in addition to any other order that may have been made under section 11 or 12.

7   Subsection 13(1) is amended

(a) by striking out "section 11 or 12" and substituting "section 11, 12 or 12.1"; and

(b) in the French version, by striking out "cette prise en main devant s'effectuer" and substituting "et ce,".

8   Subsection 15(1) is amended, in the part before clause (a), by striking out "section 10, 11, 12 or 13" and substituting "any of sections 10 to 13".

9   Clause 16(1)(c) is amended by striking out "section 10, 11 or 12" and substituting "section 10, 11, 12 or 12.1".

10   Section 25 of the English version is amended by striking out "written".

11   Subsection 39(1) is amended

(a) by adding the following after clause (c):

(c.1) respecting the designation of water systems by the director under section 2, including prescribing factors the director must consider and prescribing other limitations, restrictions or conditions on the director's authority under that section;

(b) in clause (r) of the English version, by striking out "written".

Coming into force — royal assent

12(1)   Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

12(2)   The following provisions come into force on a day to be fixed by proclamation:

(a) clause 2(b);

(b) sections 3 and 4;

(c) clause 11(a).