Bill C-250

1st Session, 39th Parliament,

55 Elizabeth II, 2006

house of commons of canada

BILL C-250

An Act to ensure safe drinking water throughout Canada

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Canadian Safe Drinking Water Act.

INTERPRETATION

2. The definitions in this subsection apply in this Act.

“aboriginal peoples of Canada” has the same meaning as in subsection 35(2) of the Constitution Act, 1982.

“Committee” means the Canadian Safe Drinking Water Committee established under section 7.

“community water system” means a system for the collection, treatment, storage or distribution of drinking water.

“drinking water” means water that is destined to be used by humans for drinking or for washing the body, whether or not the water was originally fit for either of those purposes.

“Minister” means the Minister of Health.

“National Water Standards” means the National Safe Drinking Water Standards established under section 8.

“regulations” means the regulations made by the Minister under section 10.

PURPOSE OF ACT

3. The purpose of this Act is to protect the health of Canadians by establishing National Water Standards and by requiring the prompt reporting and public disclosure of incidents of non-compliance with those standards.

HER MAJESTY

4. This Act is binding on Her Majesty in right of Canada or a province.

APPLICATION

5. This Act applies in respect of community water systems that distribute drinking water to 25 or more persons for not less than 30 days in a year.

ADMINISTRATION AND ENFORCEMENT

6. The Minister may enter into an agreement with any person, federal institution listed in Schedule I to the Access to Information Act, government of a province or other entity respecting the administration and enforcement of this Act or the regulations.

CANADIAN SAFE DRINKING WATER COMMITTEE

7. (1) The Minister shall establish a committee, to be known as the Canadian Safe Drinking Water Committee,

(a) to monitor compliance with the National Water Standards;

(b) to undertake research into maintaining and improving drinking water quality in Canada; and

(c) to advise the Minister on any regulations that are proposed to be made.

(2) The Committee shall consist of those representatives of the Minister, the provinces, and the aboriginal peoples of Canada that the Minister considers appropriate.

NATIONAL SAFE DRINKING WATER STANDARDS

8. (1) The Minister shall establish National Safe Drinking Water Standards which, subject to section 11, shall be complied with in accordance with the regulations.

(2) The National Water Standards may incorporate a standard as amended to a certain date or from time to time.

REPORTING OF NON-COMPLIANCE WITH THE NATIONAL WATER STANDARDS

9. Persons responsible for the operation of community water systems shall, when they have reason to believe that an incident of non-compliance with the National Water Standards has occurred or is likely to occur, report the incident to the Committee and disclose it to the public affected by it within such time and in such manner as is set out in the regulations.

REGULATIONS

10. (1) The Minister may, on the recommendation of the Committee, make regulations that the Minister considers necessary to give effect to the purposes and provisions of this Act, including regulations respecting

(a) the monitoring of compliance with the National Water Standards, including the appointment of inspectors and the power of those inspectors to enter into and inspect community water systems, seize objects, request the production of information and documents and make copies of them; and

(b) the reporting and public disclosure of incidents of non-compliance referred to in section 9, including the information that must be reported and disclosed and the time and manner of the reporting and disclosure.

(2) The regulations may incorporate by reference a standard as amended to a certain date or from time to time.

EQUIVALENT PROVINCIAL PROVISIONS

11. The Minister may make an order exempting persons in a designated area from the application of this Act and the regulations if the Minister and the government of the province where the area is located agree in writing that other standards at least equivalent to the National Water Standards and the regulations apply to those persons under the laws of the province.

OFFENCES AND PUNISHMENT

12. Every person who contravenes section 9 or a regulation made under paragraph 10(1)(b) is guilty of an offence and liable

(a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or

(b) on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding three years, or to both.

13. A person who commits or continues an offence under section 12 is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

14. Where a corporation commits an offence under section 12, any director or officer of the corporation who authorized or acquiesced in the offence is guilty of an offence and liable on summary conviction to the penalty provided for under paragraph 12(b) in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted.

15. In any prosecution for an offence under section 12, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

LIMITATION PERIOD

16. Proceedings for an offence under section 12 may be instituted within, but not after, two years after the time when the subject matter of the proceedings arose.

COMING INTO FORCE

17. This Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council.