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"Point in Time" Regulation Content

Water Sustainability Act

Water Sustainability Regulation

B.C. Reg. 36/2016

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 March 31, 2017
July 20, 2020
Section 2.1 April 15, 2016
Part 2 Division 1 April 15, 2016
Section 34.1 December 13, 2017
Section 34.2 December 17, 2019
Section 34.3 December 17, 2019
Section 34.4 December 17, 2019
Section 34.5 December 17, 2019
Section 35.1 March 31, 2017
Section 36 February 5, 2021
Section 39 March 31, 2017
March 6, 2019
Section 48 April 15, 2016
Section 49 April 15, 2016
Section 54 March 31, 2017
Section 55 April 15, 2016
December 7, 2016
December 13, 2017
February 19, 2019
Section 56 April 15, 2016
December 7, 2016
December 13, 2017
December 3, 2018
December 17, 2019

 Section 1 (1) definition of "dry hydrant" was added by BC Reg 130/2017, effective March 31, 2017.

 Section 1 (2) BEFORE amended by BC Reg 130/2017, effective March 31, 2017.

(2) In the Act and the regulations, "licensee", in relation to a licence, means the owner of the land, mine or undertaking to which the licence is appurtenant, and includes the holder of an authorization if the authorization is a licence.

 Section 1 (4) was added by BC Reg 187/2020, effective July 20, 2020.

 Section 2.1 was added by BC Reg 94/2016, effective April 15, 2016.

 Part 2, Division 1 heading was added by BC Reg 94/2016, effective April 15, 2016.

 Section 34.1 was enacted by BC Reg 238/2017, effective December 13, 2017.

 Section 34.2 was enacted by BC Reg 278/2019, effective December 17, 2019.

 Section 34.3 was enacted by BC Reg 278/2019, effective December 17, 2019.

 Section 34.4 was enacted by BC Reg 278/2019, effective December 17, 2019.

 Section 34.5 was enacted by BC Reg 278/2019, effective December 17, 2019.

 Section 35.1 was enacted by BC Reg 130/2017, effective March 31, 2017.

 Section 36 (1) definition of "engineering professional" BEFORE amended by BC Reg 11/2021, effective February 5, 2021.

"engineering professional" means a person who is

(a) a professional engineer as defined in the Engineers and Geoscientists Act, or

(b) a holder of a limited licence under the Engineers and Geoscientists Act that permits the person to practise professional engineering and who is acting within the scope of the limited licence;

 Section 39 (1) (l) (ii) BEFORE amended by BC Reg 130/2017, effective March 31, 2017.

(ii) the storm sewer outfall is constructed, maintained and used in a manner that does not obstruct the flow of water in the stream or cause erosion in the stream;

 Section 39 (1) (x) was added by BC Reg 130/2017, effective March 31, 2017.

 Section 39 (1) (c) (part) BEFORE amended by BC Reg 37/2019, effective March 6, 2019.

(c) the construction or maintenance of a pipeline crossing of a stream, if both the following conditions are met:

 Section 39 (1) (l) (ii) BEFORE amended by BC Reg 37/2019, effective March 6, 2019.

(ii) the storm sewer outfall is constructed, maintained and used in a manner that does not obstruct the flow of water in the stream or cause erosion of the stream channel;

 Section were 48 (3) (b) BEFORE amended by BC Reg 94/2016, effective April 15, 2016.

(b) a stream that is within the boundaries of a protected area,

 Section 49 (2) (a) BEFORE amended by BC Reg 94/2016, effective April 15, 2016.

(a) prevent potential loss of fish, other aquatic vertebrates or aquatic macro invertebrates due to entrainment or impingement, and

 Section 54 (1) (p), (q) and (r) were added by BC Reg 130/2017, effective March 31, 2017.

 Section 55 (4) BEFORE amended by BC Reg 94/2016, effective April 15, 2016.

(4) Applications under subsection (1) are exempt from section 15 [environmental flow needs] of the Act.

 Section 55 (3) BEFORE amended by BC Reg 301/2016, effective December 7, 2016.

(3) Despite section 12 (1) (b) (ii) [application and decision maker initiative procedures] of the Act, if an application under subsection (1) of this section is received on or before March 1, 2017, the applicant is exempt from the requirement to pay an application fee.

 Section 55 (3) BEFORE amended by BC Reg 238/2017, effective December 13, 2017.

(3) Despite section 12 (1) (b) (ii) [application and decision maker initiative procedures] of the Act, if an application under subsection (1) of this section is received on or before December 31, 2017, the applicant is exempt from the requirement to pay an application fee.

 Section 55 (1) and (3) BEFORE amended by BC Reg 27/2019, effective February 19, 2019.

(1) A person to whom section 140 (1) of the Act applies must apply on or before March 1, 2019 for an authorization authorizing the person's diversion and use of water from an aquifer.

(3) Despite section 12 (1) (b) (ii) [application and decision maker initiative procedures] of the Act, if an application under subsection (1) of this section is received on or before March 1, 2019, the applicant is exempt from the requirement to pay an application fee.

 Section 56 was added by BC Reg 94/2016, effective April 15, 2016.

 Section 56 (2) BEFORE amended by BC Reg 301/2016, effective December 7, 2016.

(2) Subject to this section, a person who holds a permit under section 10 of the Mines Act in relation to mineral exploration activities or placer mining activities is exempt until December 31, 2016 from the requirement under section 6 (1) [use of water] of the Act to hold an authorization for the diversion and use of water for those activities.

 Section 56 (2) BEFORE amended by BC Reg 238/2017, effective December 13, 2017.

(2) Subject to this section, a person who holds a permit under section 10 of the Mines Act in relation to mineral exploration activities or placer mining activities is exempt until December 31, 2017 from the requirement under section 6 (1) [use of water] of the Act to hold an authorization for the diversion and use of water for those activities.

 Section 56 (2) BEFORE amended by BC Reg 259/2018, effective December 3, 2018.

(2) Subject to this section, a person who holds a permit under section 10 of the Mines Act in relation to mineral exploration activities or placer mining activities is exempt until December 31, 2018 from the requirement under section 6 (1) [use of water] of the Act to hold an authorization for the diversion and use of water for those activities.

 Section 56 BEFORE repealed by BC Reg 278/2019, effective December 17, 2019.

Transition — mineral exploration

56   (1) In this section:

"mineral exploration activities" means activities, described in paragraph (a) of the definition of "mining activity" in section 1 of the Mines Act, performed in relation to minerals other than placer minerals;

"placer mining activities" means activities, described in the definition of "mining activity" in section 1 of the Mines Act, performed in relation to placer minerals, which activities involve the processing of less than 2 000 m3 of pay dirt per year.

(2) Subject to this section, a person who holds a permit under section 10 of the Mines Act in relation to mineral exploration activities or placer mining activities is exempt until December 31, 2019 from the requirement under section 6 (1) [use of water] of the Act to hold an authorization for the diversion and use of water for those activities.

(3) A person must not, under subsection (2), divert or use recorded water.

(4) A person must not, under subsection (2), divert or use unrecorded water from

(a) a stream or aquifer in respect of which there is a water reservation under section 40 [treaty first nation water reservations] or 41 [Nisa'a water reservation] of the Act,

(b) a sensitive stream,

(c) a point of diversion on a stream if the point of diversion is within the boundaries of a protected area, as defined in section 46,

(d) a stream to which a regulation under section 82 [plan regulations — dedicated agricultural water] of the Act applies,

(e) a stream to which an order under section 86 [declarations of significant water shortage] or 87 [critical environmental flow protection orders] of the Act applies or an aquifer affected by such an order, or

(f) a stream or aquifer to which an order under section 88 [fish population protection orders] of the Act applies.

(5) A person who, under this section, diverts or uses water from a stream must not construct, install or place any permanent or semi-permanent works in the stream channel.

(6) A person who, under this section, diverts or uses water from a stream must

(a) remove from the stream channel any pump, equipment or material constructed, installed or placed by that person in diverting or using water from the stream,

(b) ensure that the intake line or other device for diverting water is equipped with a screen, or otherwise modified, to

(i) prevent potential loss of fish due to entrainment or impingement, and

(ii) minimize disturbance of, or removal of sand and gravel from, the stream channel, and

(c) ensure that

(i) any disturbance of a stream channel or of the stable natural materials and vegetation in and about the stream is minimized when gaining access to water from the stream,

(ii) any water that is diverted is discharged without causing a significant risk of harm to public safety, the environment, land or other property,

(iii) the water supply and works of persons who are lawfully diverting or using water under the Act are not adversely affected, and

(iv) the diversion or use of water, whether from a stream or aquifer, does not cause a risk of significant harm to fish, wildlife or the aquatic ecosystem of a stream.

[en. B.C. Reg. 94/2016, s. 6; am. B.C. Regs. 301/2016, s. (b); 238/2017, Sch. A, s. 1 (c); 259/2018.]