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S.M. 2012, c. 27
Bill 25, 1st Session, 40th Legislature
The Groundwater and Water Well and Related Amendments 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 | (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 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 | (1) | Sealing of flowing artesian, saline, contaminated and suspected contaminated wells and test holes |
| (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) | 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) | 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 | |