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"Point in Time" Regulation Content

Water Act

British Columbia Dam Safety Regulation

B.C. Reg. 44/2000

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Regulation February 29, 2016
Section 1 June 9, 2011
Section 2 June 9, 2011
Section 3 June 9, 2011
Section 3.1 June 9, 2011
Section 3.2 June 9, 2011
Section 4 June 9, 2011
Section 5 June 9, 2011
Section 6 June 9, 2011
Section 6.1 June 9, 2011
Section 7 June 9, 2011
Section 7.1 June 9, 2011
Section 8 November 30, 2011
Section 10 June 9, 2011
Section 11 June 9, 2011
Section 12 June 9, 2011
Section 13 June 9, 2011
Section 14 June 9, 2011
September 12, 2011
Schedule 1 June 9, 2011
Schedule 2 June 9, 2011
Schedule 2 September 12, 2011

 Regulation BEFORE repealed by BC Reg 40/2016, effective February 29, 2016.

B.C. Reg. 44/2000
O.C. 131/2000
Deposited February 10, 2000

Water Act

British Columbia Dam Safety Regulation

[includes amendments up to B.C. Reg. 163/2011, November 30, 2011]

Definitions

1   In this regulation:

"Act" means the Water Act;

"classification" means the dam failure consequences classification of a dam under Schedule 1;

"dam" means

(a) a barrier constructed across a stream, or

(b) a barrier constructed off-stream and supplied by diversion of water from a stream,

for the purpose of enabling the storage or diversion of water, and includes all works which are incidental to or necessary for the barrier;

"dam owner" means, with respect to a dam, any or all of the following:

(a) the person who holds the current licence or is required to hold a licence for the dam;

(b) the person who last held a licence for the dam, including a licence that has been suspended, cancelled, abandoned or terminated;

(c) if there is no person to whom paragraph (a) or (b) applies, the owner of the land on which the dam is located or the person who had the dam constructed;

"dam safety officer" means an engineer or officer who is designated in writing by the comptroller as a dam safety officer;

"dam safety review" means a review carried out by a professional engineer under section 7 or 14;

"emergency preparedness plan" means

(a) a plan prepared by a dam owner under section 3.1 (1) and accepted by a dam safety officer, and

(b) any revisions to the plan prepared by the dam owner and accepted by a dam safety officer;

"height" means the vertical distance to the top (crest) of a dam measured,

(a) in the case of a dam across a stream, from the natural bed of the stream at the downstream outside limit of the dam, or

(b) in the case of a dam that is not across a stream, from the lowest elevation at the outside limit of the dam;

"instrumentation" means, but is not limited to, survey monuments and stations, inclinometers, extensometers, piezometers or measuring weirs;

"maintain" or "maintenance" means the performance of those tasks required to keep the dam in good operating condition;

"operation, maintenance and surveillance manual" means

(a) a manual prepared by a dam owner under section 3 (2) and accepted by a dam safety officer, and

(b) any revisions to the manual prepared by the dam owner and accepted by a dam safety officer;

"professional engineer" means a person registered, and in good standing, as a professional engineer under the Engineers and Geoscientists Act;

"Provincial Emergency Program" means the Provincial Emergency Program continued under the Emergency Program Act;

"Schedule 2 table" means the table in section 2 of Schedule 2;

"volume of water" means the total storage volume of the reservoir at full supply level measured in accordance with one of the following:

(a) between the natural bed of the stream and the spillway crest;

(b) between the upstream outside limit of the dam and the spillway crest;

(c) if a low level outlet is excavated to an elevation lower than the general foundation of the dam, between the bottom of that outlet and the spillway crest.

[am. B.C. Reg. 108/2011, App. 1, s. 1; App. 2, s. 1.]

Application

2   (1) This regulation applies to all of the following:

(a) a dam 1 metre or more in height that is capable of impounding a volume of water greater than 1 000 000 m3;

(b) a dam 2.5 metres or more in height that is capable of impounding a volume of water greater than 30 000 m3;

(c) a dam 7.5 metres or more in height;

(d) a dam that does not meet the criteria under paragraph (a), (b) or (c) but has a classification of significant, high, very high or extreme.

(2) This regulation does not relieve a dam owner from any other requirements that may be imposed under the Act, the Water Regulation or any other applicable enactment.

[am. B.C. Reg. 108/2011, App. 1, s. 2.]

Operation and maintenance of a dam

3   (1) A dam owner must operate and maintain a dam in accordance with all of the following:

(a) this regulation;

(b) any applicable licence or approval;

(c) any order made by the comptroller, a regional water manager or an engineer under the Act or this regulation or any requirement specified by a dam safety officer under this regulation;

(d) the emergency preparedness plan for the dam;

(e) the operation, maintenance and surveillance manual for the dam.

(2) A dam owner of a dam that has a classification of significant, high, very high or extreme must, in the form and manner and within the time period specified by the comptroller or regional water manager,

(a) prepare a manual that describes the dam owner's operation, maintenance and surveillance procedures for the dam, and

(b) submit the manual to a dam safety officer for acceptance by the dam safety officer.

(3) Subsection (2) applies whether or not there is a term or condition in an approval granted or licence issued that requires the preparation of such a manual for the dam.

(3.1) A dam owner of a dam that has a classification of significant, high, very high or extreme must

(a) review, and revise if necessary, the operation, maintenance and surveillance manual for the dam no less frequently than is specified for the classification of the dam in item 6 in the Schedule 2 table, and

(b) submit any revisions to a dam safety officer for acceptance by the dam safety officer.

(4) A dam owner must ensure that the dam is adequately safeguarded to prevent unauthorized operation of the dam by someone other than the dam owner or an agent of the dam owner.

(5) A dam owner of a dam that is located partially or entirely on Crown land and that has a classification of significant, high, very high or extreme must ensure that there is at all times posted on the land at both ends of the top of the dam a sign that meets all of the following criteria:

(a) the sign must contain, in lettering that is clearly visible from 15 metres, the following information:

(i) the name of the dam;

(ii) the name of the stream that is dammed;

(iii) the following words: "If you see any dam safety concerns, please contact:", followed by

(A) the name and emergency telephone numbers for both day and night of a dam owner, and

(B) the emergency telephone number for the Provincial Emergency Program;

(b) the sign must be at least 75 centimetres high and 60 centimetres wide;

(c) the sign must be clearly visible under seasonal conditions to persons approaching the dam;

(d) the sign and post must be constructed from metal or other durable materials having strength suited to the location and environment of the sign;

(e) the sign must meet any other requirement specified by the comptroller or a regional water manager.

(6) Subsection (5) applies whether or not the dam owner has an authorization or other right to use or occupy the Crown land on which the dam is partially or entirely located.

(7) For the purposes of subsection (5) (a) (iii) (A), if there is more than one dam owner, the dam owner whose name and emergency telephone numbers must be on the sign is the dam owner who

(a) the dam owners agree is the emergency contact for the dam, or

(b) if there is no agreement by the owners, the dam owner specified by a dam safety officer.

[am. B.C. Reg. 108/2011, App. 1, s. 3; App. 2, s. 2.]

Emergency preparedness plan

3.1   (1) A dam owner of a dam that has a classification of significant, high, very high or extreme must, in the form and manner and within the time period specified by the comptroller or regional water manager,

(a) prepare a plan that describes the actions to be taken by the dam owner in the event of an emergency at the dam, and

(b) submit the plan to a dam safety officer for acceptance by the dam safety officer.

(2) Subsection (1) applies whether or not there is a term or condition in an approval granted or licence issued that requires the preparation of such a plan for the dam.

(3) A dam owner of a dam that has a classification of significant, high, very high or extreme must

(a) review, and revise if necessary, the emergency preparedness plan for the dam no less frequently than is specified for the classification of the dam in items 5 and 6 in the Schedule 2 table, and

(b) submit any revisions to a dam safety officer for acceptance by the dam safety officer.

[en. B.C. Reg. 108/2011, App. 1, s. 4.]

Change of classification

3.2   If the classification of a dam changes, a dam owner must, in a timely manner,

(a) meet the requirements of this regulation that apply in respect of the new classification, and

(b) review, and revise if necessary, the operation, maintenance and surveillance manual and the emergency preparedness plan, if any, for the dam and submit any revisions to a dam safety officer for acceptance by the dam safety officer.

[en. B.C. Reg. 108/2011, App. 1, s. 4.]

Alteration of a dam

4   (1) Any alteration, improvement or replacement to all or any part of a dam must be authorized by an approval, licence or order.

(2) Subsection (1) does not apply to an alteration, improvement or replacement for the purpose of

(a) maintaining the dam as authorized under section 3, or

(b) addressing a hazardous condition under section 8.

(3) On completion of an alteration, improvement or replacement to all or any part of a dam, a dam owner must, in a timely manner,

(a) submit to a dam safety officer a report on the work and the manner in which the alteration, improvement or replacement was performed, and

(b) review, and revise if necessary, the operation, maintenance and surveillance manual and the emergency preparedness plan, if any, for the dam and submit any revisions to a dam safety officer for acceptance by the dam safety officer.

[am. B.C. Reg. 108/2011, App. 1, s. 5.]

Inspections and tests

5   A dam owner must do all of the following:

(a) inspect the dam and dam site no less frequently than is specified for the classification of the dam in items 1 and 2 in the Schedule 2 table in order to assess the condition of the dam during the construction, operation or alteration of the dam;

(b) test the operation of the outlet facilities, spillway gates and other mechanical components of the dam no less frequently than is specified for the classification of the dam in item 4 in the Schedule 2 table;

(c) record the results of every inspection or test performed under this section;

(d) comply with section 7.1 or 8, if applicable.

[en. B.C. Reg. 108/2011, App. 1, s. 6.]

Reporting

6   (1) If an inspection or test is carried out under section 5 or any other inspection, test or review is carried out with respect to a dam, a dam owner must, if required by a dam safety officer, submit to the dam safety officer, in the form and manner and within the time period specified by the dam safety officer,

(a) a record of the results of the inspection, test or review, and

(b) the results and analysis of any test or measurement taken including, but not limited to,

(i) instrumentation readings and analysis,

(ii) visual records or observations,

(iii) drawings,

(iv) soil, aggregate and concrete test results, and

(v) any other test results.

(2) Despite subsection (1), if an inspection, test or review carried out with respect to a dam reveals a potential safety hazard referred to in section 7.1 or a hazardous condition referred to in section 8, a dam owner must promptly submit to a dam safety officer the records referred to in subsection (1).

(3) A dam owner must, if required by a dam safety officer, submit to the dam safety officer copies of the following records relating to the design, construction or alteration of the dam:

(a) all design notes, drawings and specifications;

(b) hydraulic, hydrologic, geological and geotechnical data;

(c) reports and other similar records.

[en. B.C. Reg. 108/2011, App. 1, s. 6.]

Review of downstream conditions

6.1   A dam owner must

(a) annually conduct a review of conditions downstream of the dam to assess whether there has been any change to the classification of the dam, and

(b) immediately notify a dam safety officer if there has been a change to the classification of the dam.

[en. B.C. Reg. 108/2011, App. 1, s. 6.]

Dam safety review and report

7   (1) A dam owner of a dam that has a classification of high, very high or extreme must, no less frequently than is specified for the classification of the dam in item 7 in the Schedule 2 table,

(a) have a professional engineer with qualifications and experience in dam safety analysis,

(i) carry out a review, in accordance with the requirements of the comptroller or regional water manager,

(A) to determine whether the dam is safe, and

(B) if it is determined that the dam is not safe, to determine what actions are required to make the dam safe; and

(ii) prepare, in the form and manner specified by the comptroller or regional water manager, a dam safety report, and

(b) submit to a dam safety officer, for acceptance by the dam safety officer, a copy of the dam safety report prepared by the professional engineer.

(2) Despite subsection (1), if a dam classification increases due to an increase in the consequences of a failure of the dam, other than an increase from a low classification to a significant classification, the dam owner must meet the requirements of paragraphs (a) and (b) of subsection (1) no later than 2 years from the earlier of the following dates:

(a) the date on which a dam safety officer notifies the dam owner of the change in classification;

(b) the date on which the dam owner notifies a dam safety officer of the change in classification;

unless the comptroller, regional manager or a dam safety officer specifies that the requirements must be met by another date.

(3) For the purposes of subsections (1) and (2), if a dam owner meets the requirements of paragraphs (a) and (b) of subsection (1) on or before December 31 of the year in which the requirements must be met under those subsections, the dam owner is deemed to have met the requirements within the time required.

(4) After completion of a dam safety review the dam owner must comply with section 7.1 or 8, if applicable.

[en. B.C. Reg. 108/2011, App. 1, s. 6.]

Potential safety hazard at a dam

7.1   If

(a) an inspection or test under section 5,

(b) a dam safety review,

(c) monitoring, under section 11, the instrumentation installed at a dam, or

(d) any other inspection, test or review carried out with respect to a dam

reveals a potential safety hazard to which section 8 does not apply, a dam owner must prepare a plan that identifies and prioritizes any actions required to correct the potential safety hazard and, in accordance with section 4, if applicable, must implement the plan in a timely manner based on the priorities identified in the plan.

[en. B.C. Reg. 108/2011, App. 1, s. 6.]

Hazardous conditions at a dam

8   If conditions exist which are or are likely to be hazardous to a dam, or if conditions may reasonably be anticipated to cause a dam, or any part of a dam, or any operation or action at or in connection with a dam, to be or become potentially hazardous to public safety, the infrastructure or works, other property or the environment, a dam owner must promptly do all of the following:

(a) if an emergency preparedness plan exists, modify the operation of the dam, or any part of the dam, in accordance with the emergency preparedness plan;

(b) if an emergency preparedness plan does not exist, operate the dam in a manner, and initiate any remedial actions, that will

(i) safeguard the public,

(ii) minimize damage to the infrastructure or works or to other property, including that not owned by the dam owner, and

(iii) minimize damage to the environment;

(c) contact the Provincial Emergency Program;

(d) notify a dam safety officer, or the comptroller or regional water manager, of

(i) the nature of the existing or anticipated conditions,

(ii) all things done by the dam owner to rectify the conditions, and

(iii) the time and exact nature of any information or warning of existing or anticipated conditions issued to any person under this section;

(e) inform local authorities, and persons who may be in immediate danger from the potential failure of the dam, of the nature of the existing or anticipated conditions and, if necessary, advise those persons who may be in immediate danger to vacate and remove any property from the endangered area;

(f) modify the operation of the dam to minimize or prevent damage which may be caused by the failure of the dam, and undertake any other hazard response activity required by a dam safety officer or engineer or by the comptroller or regional water manager.

[am. B.C. Reg. 108/2011, App. 2, s. 3.]

Suspension of normal operation or removal of a dam

9   (1) A dam owner must give the comptroller or regional water manager at least 60 days written notice before undertaking any of the following activities:

(a) removing all or a significant part of a dam;

(b) decommissioning or abandoning a dam;

(c) stopping the normal operation of a dam for a period of time longer than one year.

(2) The dam owner must prepare, and submit to a dam safety officer for approval,

(a) a plan respecting an activity under subsection (1) (a) or (b), or

(b) if required by the dam safety officer, a plan respecting an activity under subsection (1) (c).

(3) The dam owner must, at least 14 days before the date on which the work is expected to commence, notify a dam safety officer before commencing any work under the approved plan.

(4) The dam owner must submit to a dam safety officer, on the completion of the work performed under the approved plan, a report on the work and the manner in which it was performed.

(5) The dam owner must undertake any further actions that the comptroller or regional water manager requires to alleviate any adverse consequences to any person, the infrastructure or works, other property or the environment that may be affected by any work performed on the dam.

(6) An approval under subsection (2) respecting the decommissioning of a dam is subject to the Environmental Assessment Act and to approvals, if any, required under that Act.

Information and evaluation

10   (1) A dam owner must, if required by a dam safety officer, submit to the dam safety officer the following information in order to evaluate the condition or hazard potential of a dam:

(a) information with respect to the dam including, but not limited to,

(i) foundation investigation results,

(ii) design details and as-built plans,

(iii) construction records,

(iv) operation manuals,

(v) records of instrumentation,

(vi) inspection reports,

(vii) safety reports, and

(viii) inundation studies and emergency preparedness plans;

(b) information with respect to the nature of the land and the stream, and the use of the land and the stream, downstream from or adjacent to the dam or reservoir, including the hydraulic, hydrologic, geological and geotechnical characteristics and the uses of the land and stream;

(c) information with respect to the watershed upstream of the dam.

(2) The information required under subsection (1) must be submitted to a dam safety officer, in the form and manner and within the time period specified by the comptroller or regional water manager.

(3) The dam owner must conduct any inspection, investigation, survey or test that is necessary to provide the information required by subsection (1).

(4) If a dam owner conducts an investigation that involves drilling, trenching, excavating a test pit or other invasive activity within the dam or in close proximity to the dam, the dam owner must ensure that the activity is directly supervised by a professional engineer with qualifications and experience in dam design, construction and analysis.

[am. B.C. Reg. 108/2011, App. 1, s. 7.]

Instrumentation

11   A dam owner must do all of the following:

(a) install any instrumentation necessary to adequately monitor the performance of a dam;

(b) maintain or replace instrumentation installed at a dam to ensure continuity of readings;

(b.1) monitor the instrumentation installed at a dam no less frequently than is specified for the classification of the dam in item 3 in the Schedule 2 table;

(c) if required by a dam safety officer, submit to the dam safety officer instrumentation readings and evaluations in the form and manner and within the time period specified by the dam safety officer;

(c.1) comply with section 7.1 or 8, if applicable;

(d) submit, to a dam safety officer for acceptance by the dam safety officer,

(i) notice of any planned modifications to, changes to or removal of the instrumentation at least 60 days before the proposed modification, change or removal, or

(ii) an annual plan outlining intended changes to the instrumentation.

[am. B.C. Reg. 108/2011, App. 1, s. 8.]

Expert opinion

12   (1) If, based on information submitted in respect of a dam or related works, the comptroller or regional water manager considers that a question has arisen as to what is proper practice for resolving an issue involving a dam or related works, the comptroller or regional water manager may require a dam owner to retain an independent expert, satisfactory to the comptroller or regional water manager, with qualifications and experience as follows:

(a) in the case of a dam, in dam design, construction and analysis;

(b) in the case of related works, in hydraulic, hydrological, geological, geotechnical, mechanical or structural engineering or other appropriate disciplines.

(2) The expert retained under subsection (1) must provide a report to the comptroller or regional water manager on the issue.

[am. B.C. Reg. 108/2011, App. 1, s. 9.]

Acceptance by dam safety officer

13   (1) If a record that is submitted under this regulation by a dam owner to a dam safety officer for acceptance by the dam safety officer is not in a form that is acceptable to the dam safety officer, the dam safety officer may return the record to the dam owner together with a written notice specifying the deficiencies in the record and requiring that they be corrected.

(2) If a dam safety officer provides a written notice to a dam owner under subsection (1)

(a) the dam owner must correct the deficiencies identified in the notice in a timely manner, and

(b) the dam safety officer is not required to accept the record referred to in subsection (1) until the dam owner has corrected the deficiencies set out in the notice.

[en. B.C. Reg. 108/2011, App. 1, s. 10.]

Transition — dam safety review and report

14   (1) Despite section 7, if a dam

(a) had a downstream consequence classification of low or very low under this regulation as it read immediately before June 9, 2011, and

(b) had a classification of high, very high or extreme on June 9, 2011,

the dam owner must meet the requirements of paragraphs (a) and (b) of section 7 (1) no later than December 31, 2013.

(2) Despite section 7, subsection (3) of this section applies to a dam if

(a) the dam had a downstream consequence classification of high or very high under this regulation as it read immediately before June 9, 2011,

(b) the dam had a classification of extreme on June 9, 2011, and

(c) on June 9, 2011 the immediately preceding dam safety review in respect of the dam was conducted in a year set out in column 1 of the table in subsection (3).

(3) For the purposes of subsection (2) of this section, the dam owner must meet the requirements of paragraphs (a) and (b) of section 7 (1) no later than the date specified in column 2 in the table below opposite the year in which the immediately preceding dam safety review was conducted as set out in column 1 of the table below:

 Column 1Column 2
ItemYear of immediately preceding dam safety reviewDate by which requirements
in paragraphs (a) and (b) of
section 7 (1) must be met
12001 or 200210 years from the date on which the dam safety report in respect of the immediately preceding review was submitted to a dam safety officer.
22003, 2004 or 2005December 31, 2013.
32006 and thereafterThe date specified for the classification of the dam in item 7 in the Schedule 2 table.

(4) In respect of Items 1 and 3 of the table in subsection (3) of this section, if a dam owner meets the requirements of paragraphs (a) and (b) of section 7 (1) on or before December 31 of the year in which the requirements must be met under subsection (3) of this section, the dam owner is deemed to have met those requirements within the time required.

[en. B.C. Reg. 163/2011.]

Schedule 1

[en. B.C. Reg. 108/2011, App. 1, s. 11.]

(sections 1, 2 (1) (d), 3 (2) and (3.1), 3.1 (1) and (3), 3.2, 5, 6.1, 7, 11 (b.1) and 14)

Dam Classification

Definitions

1   In this Schedule:

"category", with respect to consequences of failure, means one of the following:

(a) loss of life;

(b) environment and cultural values;

(c) infrastructure and economics;

"consequences of failure" means losses or damages that

(a) are caused by the failure of a dam, and

(b) result from impacts on areas that are at the dam or are downstream or upstream of the dam;

"failure", in respect of a dam, means the partial or complete collapse of the dam and the uncontrolled release of all or part of the water stored by the dam, caused by either flood-induced failure or non flood-induced failure;

"flood-induced failure" means a dam failure that is caused by a natural flood of a magnitude that is greater than the magnitude that the dam can pass at the time of the failure;

"non flood-induced failure" means a dam failure that occurs during normal dam operation that is caused by conditions such as internal erosion, piping, an earthquake or an error in operation leading to overtopping.

Determination of classification

2   The dam failure consequences classification of a dam is determined in accordance with the following steps:

(a) for each category of consequences of failure in the following table, identify the losses or damages specified in the table that most closely describe the losses or damages that are the worst potential consequences of a failure of the dam;

(b) identify the classification that is specified in the following table for the losses or damages referred to in paragraph (a) for each category;

(c) the classification identified under paragraph (b) with the worst potential consequences is the classification of the dam.

Table

Dam failure consequences classificationPopulation at riskConsequences of failure
Loss of lifeEnvironment and cultural valuesInfrastructure and economics
LowNone1There is no possibility of loss of life other than through unforeseeable misadventure.Minimal short-term loss or deterioration and no long-term loss or deterioration of
(a) fisheries habitat or wildlife habitat,
(b) rare or endangered species, or
(c) unique landscapes or sites of cultural significance.
Minimal economic losses mostly limited to the dam owner's property, with virtually no pre-existing potential for development within the dam inundation zone.
SignificantTemporary only2Low potential for multiple loss of life.No significant loss or deterioration of
(a) important fisheries habitat or important wildlife habitat,
(b) rare or endangered species, or
(c) unique landscapes or sites of cultural significance, and
restoration or compensation in kind is highly possible.
Low economic losses affecting limited infrastructure and residential buildings, public transportation or services or commercial facilities, or some destruction of or damage to locations used occasionally and irregularly for temporary purposes.
HighPermanent310 or fewerSignificant loss or deterioration of
(a) important fisheries habitat or important wildlife habitat,
(b) rare or endangered species, or
(c) unique landscapes or sites of cultural significance, and
restoration or compensation in kind is highly possible.
High economic losses affecting infrastructure, public transportation or services or commercial facilities, or some destruction of or some severe damage to scattered residential buildings.
Very highPermanent3100 or fewerSignificant loss or deterioration of
(a) critical fisheries habitat or critical wildlife habitat,
(b) rare or endangered species, or
(c) unique landscapes or sites of cultural significance, and
restoration or compensation in kind is possible but impractical.
Very high economic losses affecting important infrastructure, public transportation or services or commercial facilities, or some destruction of or some severe damage to residential areas.
ExtremePermanent3More than 100Major loss or deterioration of
(a) critical fisheries habitat or critical wildlife habitat,
(b) rare or endangered species, or
(c) unique landscapes or sites of cultural significance, and
restoration or compensation in kind is impossible.
Extremely high economic losses affecting critical infrastructure, public transportation or services or commercial facilities, or some destruction of or some severe damage to residential areas.
1 There is no identifiable population at risk.
2 People are only occasionally and irregularly in the dam-breach inundation zone, for example stopping temporarily, passing through on transportation routes or participating in recreational activities.
3 The population at risk is ordinarily or regularly located in the dam-breach inundation zone, whether to live, work or recreate.

Schedule 2

[en. B.C. Reg. 108/2011, App. 1, s. 11; am. B.C. Reg. 163/2011.]

(sections 1, 3 (3.1), 3.1 (3), 5, 7, 11 (b.1) and 14)

Minimum Frequency of Safety Activities

Interpretation of Schedule

1   In this Schedule:

"EPP" means the emergency preparedness plan for a dam;

"formal inspection" means a thorough on-site inspection performed by the representative of the dam owner who is responsible for dam safety;

"OMS manual" means the operation, maintenance and surveillance manual for a dam;

"site surveillance" means the close monitoring of dam behaviour through visual inspections and, in addition, may include the systematic collection, analysis and interpretation of data obtained through automated instrumentation.

Frequency of activities

2   In the following table, column 1 sets out an activity that must be carried out by a dam owner under a provision in this regulation and columns 2, 3, 4 and 5 set out the minimum frequency with which the activity must be carried out for each classification.

Table

 Column 1Column 2Column 3Column 4Column 5
ItemActivityFrequency of activity
Extreme
classification
Very high
and high
classifications
Significant
classification
Low
classification
1Site surveillanceWeekly1Weekly1Monthly1Quarterly
2Formal inspectionSemi-annuallyAnnuallyAnnuallyAnnually
3Monitor instrumentationAnnually unless otherwise specified in the OMS manualAnnually unless otherwise specified in the OMS manualAnnually unless otherwise specified in the OMS manualIf and when required by a dam safety officer
4Test operation of outlet facilities, spillway gates and other mechanical componentsAnnually unless otherwise specified in the OMS manualAnnually unless otherwise specified in the OMS manualAnnually unless otherwise specified in the OMS manualAnnually
5Update the emergency contact information in the EPPAnnuallyAnnuallyAnnuallyNot applicable
6Review, and revise if necessary, the OMS manual and the EPPEvery 7 yearsEvery 10 yearsEvery 10 yearsNot applicable
7Conduct dam safety review and submit dam safety reportEvery 7 yearsEvery 10 yearsNot applicableNot applicable
8Review downstream conditions, as set out in section 6.1, and notify a dam safety officer of any change in classificationAnnuallyAnnuallyAnnuallyAnnually
1 The frequency of visual inspections may be reduced if provided for in the OMS manual.

[Provisions relevant to the enactment of this regulation: Water Act, R.S.B.C. 1996, c. 483, section 101 (1), (2), (3), (5) and (8)]

 Section 1 definitions of "classification", "dam safety review" and "Schedule 2 table" were added by BC Reg 108/2011, effective June 9, 2011.

 Section 1 definitions of "emergency preparedness plan" and "operation, maintenance and surveillance manual" BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

"emergency preparedness plan" means a plan prepared by a dam owner under section 3 (2) (a) that describes the actions the dam owner proposes to take in the event of an emergency at a dam;

"operation, maintenance and surveillance manual" means a manual prepared by a dam owner under section 3 (2) (b) that describes the dam owner's operation, maintenance and surveillance procedures for the dam;

 Section 1 definition of "Provincial Emergency Program" was added by BC Reg 108/2011, effective November 30, 2011.

 Section 2 (1) (d) BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

(d) a dam that does not meet the criteria under paragraph (a), (b) or (c) but has a downstream consequence classification under Schedule 1 of low, high or very high.

 Section 3 (1) (c), (d) and (e) BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

(c) any order that is made under the Act;

(d) the emergency preparedness plan that has been prepared and accepted in accordance with subsection (2) (a);

(e) the operation, maintenance and surveillance manual that has been prepared and accepted in accordance with subsection (2) (b).

 Section 3 (2) BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

(2)  A dam owner must, in the form and manner and within the time period specified by the comptroller or regional water manager, prepare and submit to a dam safety officer, for acceptance by the dam safety officer, the following:

(a) if the downstream consequence classification under Schedule 1 is high or very high, an emergency preparedness plan;

(b) if the downstream consequence classification under Schedule 1 is low, high or very high, an operation, maintenance and surveillance manual.

 Section 3 (3) BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

(3)  Subsection (2) applies whether or not there is a term or condition in an approval granted or licence issued that requires the preparation of such a plan or manual for the dam.

 Section 3 (3.1) was added by BC Reg 108/2011, effective June 9, 2011.

 Section 3 (5) to (7) were added by BC Reg 108/2011, effective November 30, 2011.

 Section 3.1 was enacted by BC Reg 108/2011, effective June 9, 2011.

 Section 3.2 was enacted by BC Reg 108/2011, effective June 9, 2011.

 Section 4 (3) BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

(3)  A dam owner must submit to a dam safety officer, on completion of the alteration, improvement or replacement, a report on the work and the manner in which any such alteration, improvement or replacement to all or any part of the dam was performed.

 Section 5 BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

 Inspection

5  A dam owner must do all of the following:

(a) carry out an inspection of a dam on the frequency applicable to the downstream consequence classification for the dam as set out in Schedule 2 in order to assess the condition of the dam during the construction, operation or alteration of the dam;

(b) record the results of every inspection performed under paragraph (a);

(c) repair any safety hazard revealed by an inspection, if authorized to do so by an approval, licence or order or as authorized under this regulation.

 Section 6 BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

 Reporting

6  (1)  A dam owner must, when an inspection is carried out under section 5 or when any other inspection is carried out with respect to a dam,

(a) submit to a dam safety officer, in the form and manner and within the time period specified by the dam safety officer,

(i)  the record of inspection required by section 5 (b), and

(ii)  the results and analysis of any test or measurement taken including, but not limited to,

(A)  instrumentation readings and analysis,

(B)  visual records or observations,

(C)  drawings,

(D)  soil, aggregate and concrete test results, and

(E)  any other test results, and

(b) promptly submit to a dam safety officer the record of inspection required by section 5 (b) if the inspection reveals a potential safety hazard.

(2)  A dam owner must submit to a dam safety officer, if requested by the dam safety officer, the original or clear copies of the following documentation required for the design, construction or alteration of the dam:

(a) all design notes, drawings and specifications;

(b) hydraulic, hydrologic, geological and geotechnical data;

(c) reports and other similar documentation.

 Section 6.1 was enacted by BC Reg 108/2011, effective June 9, 2011.

 Section 7 BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

 Dam safety review

7  (1)  If required by Schedule 2, a dam owner must have a professional engineer, experienced in dam safety analysis, do a dam safety review and prepare, in the form and manner and within the time period specified by the comptroller or regional water manager, a dam safety report.

(2)  The dam owner must submit to a dam safety officer a copy of the dam safety report prepared by the professional engineer who carried out the dam safety review under subsection (1).

 Section 7.1 was enacted by BC Reg 108/2011, effective June 9, 2011.

 Section 8 (c) BEFORE amended by BC Reg 108/2011, effective November 30, 2011.

(c) contact the Provincial Emergency Program continued under the Emergency Program Act;

 Section 10 (1) (part) BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

(1)  A dam owner must, if requested by a dam safety officer, provide the following information in order to evaluate the condition or hazard potential of a dam:

 Section 10 (2) BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

(2)  The information requested under subsection (1) must be submitted to a dam safety officer, in the form and manner and within the time period specified by the comptroller or regional water manager.

 Section 10 (4) was added by BC Reg 108/2011, effective June 9, 2011.

 Section 11 (b), (c) and (d) (part) BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

(b) monitor, maintain or replace instrumentation installed at a dam to ensure continuity of readings;

(c) submit instrumentation readings and evaluations to a dam safety officer, in the form and manner and within the time period specified by the dam safety officer;

(d) submit, to a dam safety officer for approval by the dam safety officer,

 Section 11 (b.1) and (c.1) were added by BC Reg 108/2011, effective June 9, 2011.

 Section 12 (1) (part) BEFORE amended by BC Reg 108/2011, effective June 9, 2011.

(1)  If, based on information submitted in respect of a dam or related works, the comptroller or regional water manager considers that a question has arisen as to what is proper practice for resolving an issue involving a dam or related works, the comptroller or regional water manager may require a dam owner to retain an expert, satisfactory to the comptroller or regional water manager, with qualifications and experience as follows:

 Section 13 was enacted by BC Reg 108/2011, effective June 9, 2011.

 Section 14 was enacted by BC Reg 108/2011, effective June 9, 2011.

 Section 14 BEFORE re-enacted by BC Reg 163/2011, effective September 12, 2011.

 Transition — dam safety review and report

14  (1)  Despite section 7, if a dam

(a) had a downstream consequence classification of low or very low under this regulation as it read immediately before the date on which this subsection comes into force, and

(b) has a classification of significant, high, very high or extreme on the date when this subsection comes into force,

the dam owner must meet the requirements of paragraphs (a) and (b) of section 7 (1) no later than 2 years from the date this subsection comes into force.

(2)  Despite section 7, subsection (3) applies to a dam if

(a) the dam had a downstream consequence classification of high or very high under this regulation as it read immediately before the date on which this subsection comes into force,

(b) the dam has a classification of extreme on the date when this subsection comes into force, and

(c) on the date when this subsection comes into force, the immediately preceding dam safety review in respect of the dam was conducted in a year set out in column 1 of the table in subsection (3).

(3)  For the purposes of subsection (2), the dam owner must meet the requirements of paragraphs (a) and (b) of section 7 (1) no later than the date specified in column 2 in the table below opposite the year in which the immediately preceding dam safety review was conducted as set out in column 1 of the table below:

 Column 1Column 2
ItemYear of immediately preceding dam safety reviewDate by which requirements in paragraphs (a) and (b) of section 7 (1) must be met
12001 or 200210 years from the date on which the dam safety report in respect of the immediately preceding review was submitted to a dam safety officer.
22003, 2004 or 20052 years from the date subsection (2) comes into force.
32006 and thereafterThe date specified for the classification of the dam in item 7 in the Schedule 2 table.

(4)  For the purposes of subsections (1) and (3), if a dam owner meets the requirements of paragraphs (a) and (b) of section 7 (1) on or before December 31 of the year in which the requirements must be met under those subsections, the dam owner is deemed to have met those requirements within the time required.

[en. B.C. Reg. 108/2011, App. 1, s. 10.]

 Schedule 1 BEFORE re-enacted by BC Reg 108/2011, effective June 9, 2011.

Schedule 1

(sections 2 (1) (d) and 3 (2))

Downstream Consequence Classification Guide

RatingLoss of LifeEconomic and
Social Loss
Environmental and
Cultural Losses
VERY HIGHLarge potential for multiple
loss of life involving residents
and working, travelling and/or recreating public. Development within inundation area (the area that could be flooded if the dam fails) typically includes communities, extensive commercial and work areas,
main highways, railways, and locations of concentrated recreational activity. Estimated fatalities could exceed 100.
Very high economic losses
affecting infrastructure, public
and commercial facilities in and beyond inundation area. Typically includes destruction of or extensive damage to large residential areas, concentrated commercial land uses, highways, railways, power lines, pipelines and other utilities. Estimated direct and indirect (interruption of service) costs could exceed $100 million.
Loss or significant deterioration
of nationally or provincially
important fisheries habitat
(including water quality), wildlife
habitat, rare and/or endangered
species, unique landscapes or
sites of cultural significance.
Feasibility and/or practicality
of restoration and/or compensation
is low.
HIGHSome potential for multiple
loss of life involving residents,
and working, travelling and/or recreating public. Development within inundation area typically includes highways and railways, commercial and work areas, locations of concentrated recreational activity and scattered residences. Estimated fatalities less than 100.
Substantial economic losses
affecting infrastructure, public
and commercial facilities in
and beyond inundation area. Typically includes destruction
of or extensive damage to concentrated commercial land uses, highways, railways, power lines, pipelines and other utilities. Scattered residences may be destroyed or severely damaged. Estimated direct and indirect (interruption of service) costs could exceed $1 million.
Loss or significant deterioration of nationally or provincially important fisheries habitat (including water quality), wildlife habitat, rare and/or endangered species, unique
landscapes or sites of cultural significance. Feasibility and
practicality of restoration and/or compensation is high.
LOWLow potential for multiple loss of life. Inundation area is typically undeveloped except for minor roads, temporarily inhabited or non- residential farms and rural activities. There must be a reliable element of natural warning if larger development exists.Low economic losses to limited infrastructure, public and commercial activities. Estimated direct and indirect (interruption of service) costs could exceed $100 000.Loss or significant deterioration of regionally important fisheries habitat (including water quality), wildlife habitat, rare and endangered species, unique landscapes or sites of cultural significance. Feasibility and practicality of restoration and/or compensation is high. Includes situations where recovery would occur with time without restoration.
VERY LOWMinimal potential for any loss of life. The inundation area is typically undeveloped.Minimal economic losses typically limited to owner's property not to exceed $100 000. Virtually no potential exists for future development of other land uses within the foreseeable future.No significant loss or deterioration of fisheries habitat, wildlife habitat, rare or endangered species, unique landscapes or sites of cultural significance.

 Schedule 2 BEFORE re-enacted by BC Reg 108/2011, effective June 9, 2011.

Schedule 2

(sections 5 (a) and 7 (1))

Minimum Inspection Frequency and Dam Safety Review Requirements

ItemVery High
Consequence
High
Consequence
Low
Consequence
Very Low
Consequence
Site
Surveillance (a)
WEEKLYWEEKLYMONTHLYQUARTERLY
Formal
Inspection (b)
SEMI-
ANNUALLY
SEMI-
ANNUALLY or ANNUALLY
ANNUALLYANNUALLY
InstrumentationAS PER OMS *
MANUAL
AS PER OMS *
MANUAL
AS PER OMS *
MANUAL
N/A
Test Operation of Outlet Facilities, Spillway Gates and other Mechanical
Components
ANNUALLYANNUALLYANNUALLYANNUALLY
Emergency
Preparedness Plan
UPDATE
COMMUNICATIONS DIRECTORY
SEMI-
ANNUALLY
UPDATE
COMMUNICATIONS DIRECTORY
SEMI-
ANNUALLY
UPDATE
COMMUNICATIONS DIRECTORY
ANNUALLY
N/A
Operation,
Maintenance &
Surveillance Plan
REVIEW
EVERY
7 - 10 YEARS
REVIEW
EVERY
10 YEARS
REVIEW
 EVERY
10 YEARS
REVIEW EVERY
10 YEARS
Dam Safety Review (c)EVERY 7-10
YEARS (d)
EVERY
10 YEARS (d)
(d)(d)
*.Operation, Maintenance, and Surveillance Manual.
(a).Site surveillance may consist of visual inspections and/or monitoring of automated data acquisition systems. Reduced frequencies of visual inspections may be determined by seasonal conditions.
(b).Formal Inspections are intended as more thorough inspections performed by the appropriate representative of the owner responsible for safety surveillance.
(c).A Dam Safety Review involves collection of all available dam records, field inspections, detailed investigations and possibly laboratory testing. It then proceeds with a check of structural stability and operational safety of the dam, beginning with a reappraisal of basic features and assumptions. The level of detail required in a Dam Safety Review should be commensurate with the importance and complexity of the dam, as well as the consequences of failure.
(d).Dam owners must conduct an annual review of conditions downstream of their dam and notify a dam safety officer if the downstream consequence classification level increases. The downstream consequence classification guide is shown in Schedule 1.

 Schedule 2, section 2, table item 7 BEFORE amended by BC Reg 163/2011, effective September 12, 2011.

7Conduct dam safety review and submit dam safety reportEvery 7 yearsEvery 10 yearsEvery 10 yearsNot applicable