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1 In this Act:
"aquifer" has the same meaning as in section 1 (1) of the Water Sustainability Act;
"assessment" means an assessment under section 18 [water source and system assessments];
"construction permit" means a permit required under section 7 [construction permits and requirements for water supply systems];
"delegate" means a person to whom authority is delegated under section 3 (4) [drinking water officer delegation];
"domestic purposes" means the use of water for
(a) human consumption, food preparation or sanitation,
(b) household purposes not covered by paragraph (a), or
(c) other prescribed purposes;
"domestic water system" means a system by which water is provided or offered for domestic purposes, including
(a) works used to obtain intake water,
(b) equipment, works and facilities used for treatment, diversion, storage, pumping, transmission and distribution,
(c) any other equipment, works or facilities prescribed by regulation as being included,
(d) a tank truck, vehicle water tank or other prescribed means of transporting drinking water, whether or not there are any related works or facilities, and
(e) the intake water and the water in the system,
but excluding equipment, works or facilities prescribed by regulation as being excluded;
"drill", in relation to a well, has the same meaning as in section 1 (1) of the Water Sustainability Act;
"drinking water" means water used or intended to be used for domestic purposes;
"drinking water health hazard" means
(a) a condition or thing in relation to drinking water that does or is likely to
(i) endanger the public health, or
(ii) prevent or hinder the prevention or suppression of disease,
(b) a prescribed condition or thing, or
(c) a prescribed condition or thing that fails to meet a prescribed standard;
"drinking water officer" means a drinking water officer under section 3 [drinking water officers];
"drinking water protection plan" means a drinking water protection plan approved by the Lieutenant Governor in Council under section 34 [approval of drinking water protection plan];
"drinking water source" means a stream, reservoir, well or aquifer from which drinking water is taken;
"groundwater" has the same meaning as in section 1 (1) of the Water Sustainability Act;
"immediate reporting standard" means, in relation to a water supply system, a standard established by regulation or operating permit as an immediate reporting standard for the purposes of section 12 [notice if immediate reporting standard not met];
"intake water" means, in relation to a domestic water system, the water at or near the point of intake into the system;
"issuing official" means a person authorized under the regulations to issue a construction permit, operating permit or other permit required under this Act;
"laboratory" means a corporation, agency or other person engaged in conducting analyses for the purposes of this Act;
means
(b) an improvement district, as defined in the Local Government Act, that is responsible for the provision of drinking water,
(b.1) a greater board, as defined in the Community Charter, that is responsible for the provision of drinking water, and
(c) a local body prescribed by regulation as a local authority for the purposes of the provision in which the term appears;
"local government" means
(a) the council of a municipality,
(b) the board of a regional district, and
(c) a local trust committee under the Islands Trust Act;
"medical health officer" has the same meaning as in the Public Health Act;
"operating permit" means a permit under section 8 [operating permits and requirements for water supply systems];
"owner" in relation to a water supply system includes
(i) responsible for the ongoing operation of the water supply system, or
(ii) in charge of managing that operation, and
(i) parts of the water supply system are owned by different persons, or
(ii) all or part of the system is jointly owned by different persons,
all of those persons;
"potable water" means water provided by a domestic water system that
(a) meets the standards prescribed by regulation, and
(b) is safe to drink and fit for domestic purposes without further treatment;
"prescribed water supply system" means a water supply system that is of a class prescribed by regulation or is prescribed by regulation;
"private dwelling" means
(a) a structure that is occupied as a private residence, or
(b) if only part of a structure is occupied as a private residence, that part of the structure;
"Provincial health officer" has the same meaning as in the Public Health Act;
"stream" has the same meaning as in section 1 (1) of the Water Sustainability Act;
"threat" means, in relation to drinking water, a condition or thing, or circumstances that may lead to a condition or thing, that may result in drinking water provided by a domestic water system not being potable water;
"water supplier" means a person who is the owner of a water supply system;
"water supply system" means a domestic water system, other than
(a) a domestic water system that serves only one single-family residence, and
(b) equipment, works or facilities prescribed by regulation as being excluded;
"well" has the same meaning as in section 1 (1) of the Water Sustainability Act;
"well recharge zone" means the area of land from which water percolates into an aquifer and is transmitted from there into one or more wells that are used, or are intended to be used, to provide drinking water.
31 (1) The minister may, by order made on the recommendation of the Provincial health officer, designate an area for the purpose of developing a drinking water protection plan for the area.
(2) The Provincial health officer may only recommend that an order be made under this section if
(a) based on monitoring or assessment results, the Provincial health officer is satisfied that a drinking water protection plan will assist in addressing or preventing a threat to drinking water that the Provincial health officer considers may result in a drinking water health hazard, and
(b) no other practicable measures available under this Act are sufficient to address or prevent the drinking water health hazard.
(3) The Provincial health officer must consider whether to make a recommendation under this section if requested by a drinking water officer.
(4) A local authority or water supplier may request a drinking water officer to make a request under subsection (3).
32 (1) The minister may, by order, establish the process by which a proposed drinking water protection plan for a designated area is to be developed.
(2) Without limiting subsection (1), an order under that subsection may
(a) establish who is to be responsible for preparing the proposed plan,
(b) establish the terms of reference for the plan, or authorize the preparation of some or all of the terms of reference subject to approval by the minister, and
(c) require the establishment of a technical advisory committee in relation to development of the plan.
(3) The terms of reference for a proposed drinking water protection plan must include
(b) the issues to be addressed in the plan,
(c) a process for public and stakeholder consultation, and
(d) a time limit for completing the plan.
(4) As examples of terms of reference that may be established for a plan, but without limiting the issues that may be addressed, the terms of reference for a drinking water protection plan may include one or more of the following:
(a) whether changes are required to a water supply system, including measures respecting its water source, intake, treatment, storage, transmission and distribution;
(b) whether the operating permit for a water supply system should include additional provisions respecting monitoring, standards or other requirements;
(c) consideration of the economic and social costs and benefits of addressing risks through treatment, source protection or other means;
(d) whether an implementation regulation under any of sections 35 to 38 should be made.
(5) In preparing a proposed drinking water protection plan, consideration must be given to the results or progress of Provincial government or local government strategic, operational and land use or water use planning processes within the designated area.
(6) A proposed drinking water protection plan may be prepared in conjunction with a proposed water sustainability plan under the Water Sustainability Act.
(7) The minister may, by order, extend the time for completing a proposed drinking water protection plan whether or not the time previously set has expired.
33 (1) For the purposes of developing a proposed drinking water protection plan, the drinking water officer may do one or more of the following:
(a) order a water supplier to participate in the process;
(b) undertake investigations, tests and surveys that the drinking water officer considers advisable;
(c) authorize persons to undertake investigations, tests and surveys referred to in paragraph (b).
(2) The drinking water officer or any person authorized under subsection (1) (c) may exercise any of the powers under section 40 [inspection authority] for the purposes of investigations, tests and surveys under subsection (1).
34 (1) After a proposed plan has been prepared, it must be submitted to the minister, who must refer it to the Provincial health officer for review.
(2) After the review required by subsection (1), the minister must place the proposed plan and the comments of the Provincial health officer before the Lieutenant Governor in Council, who may approve all or part of the proposed plan as a drinking water protection plan.
(3) If a drinking water protection plan is approved under subsection (2), the minister must arrange for the plan to be made public.
35 (1) For the purposes of implementing a drinking water protection plan, the Lieutenant Governor in Council may, by regulation applicable in relation to all or part of the designated area for the plan, do one or more of the following:
(a) require that persons making decisions or classes of decisions under a specified enactment must consider the plan in making those decisions;
(b) restrict the issuance or amendment of licences, approvals, permits or other authorizations under a specified enactment;
(c) restrict the exercise of a power under a specified enactment;
(d) provide that specified provisions of the plan are a higher level plan for the purposes of the Forest Practices Code of British Columbia Act.
(2) Despite an enactment specified under subsection (1), a regulation under subsection (1) (b) may establish requirements that must be imposed in issuing or amending a licence, approval, permit or other authorization under an enactment.
(3) Requirements imposed under subsection (2) are deemed to be imposed under the enactment under which the authorization is issued or amended.
(4) The issuance or amendment of a licence, approval, permit or other authorization contrary to a regulation under subsection (1) (b), or the exercise of a power contrary to a regulation under subsection (1) (c), has no effect.
35.1 (1) For the purposes of implementing a drinking water protection plan, the Lieutenant Governor in Council may, by regulation, do one or more of the following:
(a) require that other specified Provincial government or local authority strategic or operational planning processes, or classes of such processes, consider the drinking water protection plan;
(b) require that the results of specified Provincial government or local authority strategic or operational planning processes, or classes of such processes, be consistent with the drinking water protection plan;
(c) provide that specified Provincial government or local authority strategic or operational plans, bylaws or other planning documents, or classes of such plans, bylaws or other documents, do not have legal effect to the extent of any inconsistency with the drinking water protection plan.
(2) A provision under subsection (1) (c) applies despite any other enactment.
36 (1) For the purposes of implementing a drinking water protection plan, the Lieutenant Governor in Council may, by regulation applicable to all or part of the designated area for the plan, restrict or prohibit one or more of the following or may impose requirements on a person doing one or more of the following:
(d) performing another activity in relation to a well or groundwater.
(2) Without limiting subsection (1), a restriction in a regulation under that subsection may include a requirement that a person hold a drilling authorization in order to carry out one or more of the activities referred to in section 62 (1) [drilling authorizations] of the Water Sustainability Act.
37 (1) For the purposes of implementing a drinking water protection plan, the Lieutenant Governor in Council may, by regulation,
(a) prescribe all or part of a drinking water source,
(b) establish water quality standards in relation to the prescribed drinking water source or part of a drinking water source,
(c) prohibit persons from doing anything that results in the prescribed standards not being met, and
(d) establish exceptions to a prohibition under paragraph (c).
(2) A prohibition under subsection (1) applies despite any other enactment or authorization under an enactment.
38 (1) If requested by a local government for the purposes of implementing a drinking water protection plan, the Lieutenant Governor in Council may, by regulation applicable to all or part of the designated area for the plan,
(i) the issuance or amendment of licences, approvals, permits or other authorizations under a specified enactment, or
(ii) the exercise of a power under a specified enactment,
is subject to this section, and
(b) despite an enactment specified under paragraph (a) but subject to subsection (2), authorize the local government to
(i) establish terms and conditions that must be included in an authorization under a specified enactment, or
(ii) restrict the exercise of a specified power under an enactment,
subject to any limits or conditions established by the regulation.
(2) A local government may only exercise an authority under subsection (1)
(a) after consultation with the relevant decision maker and the drinking water officer, if this consultation is required by regulation, and
(b) in each case, if the local government has reason to believe this is necessary for the purpose of protecting the potability of drinking water.
(3) Terms and conditions established under this section are deemed to be imposed under the specified enactment to which they relate.
(4) For the purposes of undertaking work specifically contemplated by a drinking water protection plan, the minister responsible for the Local Government Act may, by order, exempt a local government from the requirement for approval of the electors, assent of the electors or other elector approval under the Community Charter, the Local Government Act, the Vancouver Charter or another enactment, subject to any conditions established by the minister.
39 The minister may, by order made on the recommendation of the Provincial health officer, direct that a current drinking water protection plan be reviewed to determine whether amendments should be made, and this Part applies to the review and to any amendment to the plan proposed by the review.
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