Report of the Expert Panel on Safe Drinking Water for First Nations

Inspection and Enforcement

Regulatory Requirement (Inspection and Enforcement)

Statute, Regulation, etc.

Section

Alberta

Director may issue an environmental protection order to the person responsible for a waterworks system where operation of the system may cause the potable water supplied by that system to be unfit for any of its intended uses, or may cause the concentration of a substance in the water to vary from the specified concentration for the substance set out in any applicable approval or code of practice or the regulations

Where an inspector, an investigator or the Director is of the opinion that any potable water supplied by a waterworks system may cause an immediate and significant adverse effect on human life or health, he or she may issue an environmental protection order requiring emergency measures be taken

Inspector, an investigator or the Director can also take emergency measures where immediate and significant adverse effect possible

Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12

150(1)

151

152

Right of entry onto works by inspector and grounds

Powers of inspector: require anything be operated or not operated, use or move any machine, etc., take samples, require the production of information, make copies, use any computer, make reasonable inquiries, take photos, seize anything in plain view

Director may demand production of documents

Justice's order to enter and inspect available, under certain circumstances

Investigator has certain rights to enter and has all the powers of an inspector, and has seizure powers

Director may issue an enforcement order, if in his/her opinion, that person has contravened this Act; including for suspension of an approval, shutting down a any activity, submission of a work plan, repair of works. Court order of compliance with order available

Director may carry our Director's order if person fails to carry it out

Offences

Penalties: three classes of penalties (individual/corp.): $250/$1000, $50,000/$500,000, $100,000/$1,000,000. Directors and officers can be liable

Administrative penalties available

Civil remedies not affected by this Act

Water Act, R.S.A. 2000, c. W-3

119(1)

120(1),
122(1)

121(1)

125

128-133

135-138

139

142

143, 146

152

153

Duty to comply with regulations

Potable Water Regulation, A. Reg. 277/2003

British Columbia

Drinking water officer may order a water supplier to prepare an assessment if s/he has reason to believe that it is necessary to identify threats to the drinking water, etc.

Drinking water officer may make abatement and prevention orders where reason to believe that a drinking water health hazard exists or risk thereof

Drinking water officer can make order against anyone who the officer has reason to believe is in contravention of this Act or regulations

Drinking water officer's order can enable others to take the required action at the expense of the person the order was directed to

Drinking water officer may take direct action under certain circumstances

Drinking Water Protection Act, S.B.C. 2001, c. 9

Private citizens may request investigation

Drinking Water Protection Act

Drinking water officer has same inspection powers as a medical health officer

Justice may issue warrant to enter and search property, under certain circumstances

Drinking Water Protection Act

Contravention of the Act an offence

Drinking Water Protection Act

Inspection powers of a health officer, medical health officer or public health inspector, to investigate health hazards

Health officer, medical health officer or public health inspector can make certain orders

Health Act, R.S.B.C. 1996, c. 179

Contravention of provisions of this Act (re water-taking and inter-basin transfers) an offence

Officer has search powers where contravention of this Act suspected (primarily directed at water takings and transfers)

Water Protection Act, R.S.B.C. 1996, c. 484

Fines for contravention of Act, regulation, order, direction or permit under the Act: (a) in the case of an offence that is not a continuing offence, a fine of not more than $200 000 or imprisonment for not longer than 12 months, or both; (b) in the case of a continuing offence, a fine of not more than $200 000 for each day the offence is continued or imprisonment for not longer than 12 months, or both.

Drinking Water Protection Act

Manitoba

Office of Drinking Water set up to enforce the Act and regulations (not yet passed)

The Drinking Water Safety Act, S.M. 2002, c. 36

4(2)(a)

Drinking water safety orders may be issued by the director, a medical officer, or a drinking water officer (on certain grounds)

Order may require anything necessary to deal with the risk, including investigate, conduct tests, monitor, construct, alter, replace, stop delivery of water, provide alternate water

The Drinking Water Safety Act

11(10

11(3)

In addition to a drinking water safety order, the Minister may order a water supplier to hire an interim manager

The Drinking Water Safety Act

The director or a medical officer may enter and inspect any premises to determine compliance with this Act

A Justice can also issue a warrant authorising such an inspection Further rights of entry and inspection for the director and/or a medical health officer and/or a drinking water officer in exigent circumstances, in a public health emergency, etc.

The Drinking Water Safety Act

Contravention of the Act or regulations is an office

Director and officer can also be liable

Penalties: for an offence under the Act (summary conviction): (1) individuals: (first offence) a fine of not more than $50,000, or imprisonment for a term of not more than 6 months, or both; (subsequent offence): to a fine of not more than $100,000. or imprisonment for a term of not more than 1 year, or both; (2) corporations: for a first offence, to a fine of not more than $500,000.; for each subsequent offence, to a fine of not more than $1,000,000

The Drinking Water Safety Act

31(1)

31(3)

31(4)

NOTE: No regulations under the Drinking Water Safety Act have been passed yet

Inspection powers similar to those of the Drinking Water Safety Act are provided for by the The Water Protection Act (which chiefly concerns watershed management), including: Minister may designate officers, inspection powers of officers, rights of entry into dwellings, and seizure powers

Contravention of Act an offence, special liability for directors and officers, fines provided for (different scales for individuals and corporations). Any person can report a violation (whistle-blower protection exists)

The Water Protection Act, C.C.S.M., c. W65

30-32

33-34

Person authorised by Minister has right of entry and right to take action to prevent pollution or contamination of water around the area of a well (where a person fails to take reasonable precautions to avoid polluting or contaminating the ground water around a well)

Failure to comply with well water protection provisions of this Act an offence, subject to a fine

The Ground Water and Water Well Act (Manitoba), C.C.S.M., c. G110

10.1

A medical officer of health, an inspector or Minister may order a person to desist from depositing filth near a watercourse, or order the person to remove the filth

Protection of Source Water Regulation, M. Reg. 326/88R (under The Public Health Act)

Where any public or private water supply system is found to be defective or the water unsatisfactory for domestic purposes, remedial measures shall be undertaken by the owner as directed by the medical officer of health

Water Supplies Regulation, M. Reg. 330/88R (under
The Public Health Act)

Where, in the opinion of the Minister, the quality of the water of an existing public water system constitutes or may constitute a menace to public health, the Minister may order the person responsible to take remedial action

Water Works, Sewerage and Sewage Disposal Regulation, M. Reg. 331/88R (under the Public Health Act)

Director, an environment officer, a public health inspector or a drinking water officer may enter and inspect a facility and its equipment and records, in order to determine compliance with this Act

Water and Wastewater Facility Operators Regulation, M. Reg. 77/2003 (The Environment Act)

Newfoundland and Labrador

Minister may designate inspectors, who have all the powers of a peace officer and search and seizure powers

Private citizens may request investigation

It is a condition of every licence and permit that inspections be permitted

Water Resources Act, SNL 2002, W-4.01

66, 67, 72

Minister may make orders where suspected contravention of Act, regulations or licence or permit

Minister's remedies where non-compliance with order

Water Resources Act

The Minister may, as a result of the test results submitted to the Minister, direct an owner of other person responsible for an undertaking to take the action that the Minister considers necessary to remedy an adverse effect revealed by the test results

Water Resources Act

41(3)

Contravention of Act an offence

Penalties (summary conviction):

corporation or a municipal authority: (i) for the first conviction, to a fine of not less than $1,000 and not more than $1,000,000; (ii) for a subsequent conviction, to a fine of not less than $4,000 and not more than $1,000,000
individuals: (i) for a first conviction, to a fine of not less than $500 and not more than $10,000, or to a term of imprisonment of not more than 3 months, or to both the fine and imprisonment; (ii) for a subsequent conviction, to a fine of not less than $1,000 and not more than $10,000, or to a term of imprisonment of not more than 6 months, or to both a fine and imprisonment

Also available:

restitution/unjust enrichment
prohibition, mandatory injunction orders
posting of bonds
compensation to Minister for remedial action taken
conditional sentences

Water Resources Act

90

91

Health officer/inspector's right of entry and inspection and to make orders, in the interest of public health

Health and Community
Services Act, SNL 1995, c. P-37.1

Minister may order the removal of buildings and sewage facilities constructed in restricted areas

Health and Community
Services Act

New Brunswick

Ministerial orders available to control deposit of contaminants into water , to alter a waterworks, etc.

Clean Water Act, S.N.B., c. C-6.1

Minister may designate inspectors for the purposes of this Act, who have certain inspection powers

Clean Water Act

Contravention of this Act an offence (summary conviction).

Fines: (a) individuals: $500 to $50,000, and in default of payment is liable to imprisonment in accordance with the Summary Convictions Act; (b) persons other than individuals: $1,000 to $1,000,000

Fines can be higher to deprive offender of unjust enrichment

Every offence an absolute liability offence (except for individuals)

Civil remedies not precluded

Clean Water Act

Minister or inspector may inspect a waterworks and may take test and measurements

Water Quality Regulation, N.B. Reg. 82-126 (under the CWA)

Minister may order changes to be made to waterworks by the operator where water quality may be a public menace; and where that person neglects or refuses to do so, Minister may obtain a court order

Health Act, S.N.B., c. H-2

Power of Minister, district medical health officer, inspector, etc. to enter onto any premises to examine same for the purposes prescribed

Power of Minister, etc. to enlist assistance of peace officers

Health Act

Power of medical health officer to order the disinfection or closing of a well found to unsafe or improperly constructed

General Regulation, N.B. Reg. 88-200 (under the Health Act)

219

Certificates of Approval typically provide:

an Inspector has the authority to inspect the facilities and carry out such duties as defined in the Clean Environment Act and/or the Clean Water Act
if, in the opinion of the Minister, this operation is unable to provide drinking water of adequate quality, the Minister, in consultation with the Minister of Health, may modify the Approval or issue a new Approval with conditions to improve the protection of public health
if, in the opinion of the Minister, the operation is causing unacceptable deterioration of environmental conditions, the Minister may modify the Approval or issue a new Approval with conditions to improve the protection of the environment

Tony J. Whalen (Senior Drinking Water Engineer, Water & Wastewater Management Section, N.B. Department of Environment)

Northwest Territories

Commissioner and the Minister may, on behalf of the Government of NWT, enter into agreements with the Government of Canada (or a provincial government in conjunction with the Government of Canada) respecting water resources management

Water Resources Agreements Act, R.S.N.W.T. 1988, c.17 (Supp.)

The Medical Health Officer or a Health Officer can enter and examine public water supply premises; and can make recommendations or issue directives to the operator (where regulations not being observed); and must document where a public water supply does not comply with these regulations

Chief Medical Health Officer has closure powers

Public Water Supply Regulations, R.R.N.W.T. 1990, c. P-23

Nova Scotia

Inspectors are deemed peace officers

Rights of entry and inspection

Orders to enter and inspect also available

Environment Act, S.N.S. 1994-95, c. 1

113

119

121

Private citizens may request investigation

Environment Act

115-16

A condition of each every approval must be to permit inspections

Environment Act

117

Whistleblower protection

Environment Act

124

Ministerial control order available where reasonable and probably grounds for belief that the Act has been or will be contravened

Ministerial stop order also available

Environment Act

125

126

Factors to be considered before making an order, to guide Minister in deciding whether to issue any order

Environment Act

129

Civil remedies not affected by Act; conviction under Act is prima facie evidence of negligence; but some employees are protected from liability. Government can also recover some exenses

Environment Act

141-143

Offences under the Act incl. providing false information, contravening an approval, order or the Act, etc.

Environment Act

158

Penalties:

ss. 50(1), 67(1) or 68(1) 158(a), (e) or (g): liable to a fine of not less than $1,000 to $1,000,000 or imprisonment up to two years, or both
ss. 32, 50(2), 55, 59, 60, 62, 67(2), 68(2), 69, 71, 75, 76, 79, 83, 89, 115, 124 132, 158(b), (c), (d), (f) or (h): up to $1,000,000
s. 99: $5,000
other offences: $500,000
due diligence defence available; higher fines for disgorgement of profits available; director and officer liable; trustees and secured creditors not generally liable

Environment Act

159

160-165

Nunavut

No relevant provisions

Ontario

Minister shall appoint a Chief Inspector to implement operational policies for inspections in relation to drinking water and drinking-water systems

Safe Drinking
Water Act, 2002, S.O. 2002, c. 32

7(1)

Minister can designate provincial officers, who have powers of a peace officer

Safe Drinking
Water Act, 2002

A provincial officer may, at any reasonable time and without a warrant or court order, conduct an inspection for the purposes of determining compliance with this Act or the regulations

Safe Drinking
Water Act, 2002

It is a condition in every licence, whether or not it is specified in the licence, that the owner and accredited operating authority of the system shall permit provincial officers to conduct inspections

Safe Drinking
Water Act, 2002

45(3)

A provincial officer may issue an order to any person that the provincial officer reasonably believes is contravening or has contravened a provision of the SDWA or the associated regulations; a provision of an order made under the SDWA; or a condition in a certificate, permit, licence or approval issued or granted under the SDWA

Safe Drinking
Water Act, 2002

105ff

Minister, Director can issue order where imminent health hazard

Safe Drinking
Water Act, 2002

108-9

Offences

Fines:

individual: (first conviction:) $20,000/day; (subsequent conviction:) $50,000/day, 1 yr imprisonment, or both
corporations: (first conviction) $100,000/day; (subsequent conviction) $200,000/day
higher fines for certain offences (incl. those that could have resulted in a drinking-water health hazard): (corporations) $250,000/day; subsequent offences: $500,000/day; (individuals:) $50,000/day; subsequent conviction : $100,000/day, 1 yr imprisonment, or both
higher fines for certain offences (incl. offences that results in a drinking-water health hazard): (corporation:) $6,000,000 on a first conviction, $10,000,000 on each subsequent conviction. (individuals:) $4,000,000/day to $7,000,000/day on each subsequent conviction, to 5 yrs imprisonment, or both

Orders available (order to prevent damage, restitution order)

Civil remedy not affected

Safe Drinking
Water Act, 2002

137ff

141

142

143

146

148

The Director shall ensure that all municipal residential drinking-water systems are fully inspected through an annual cycle of inspections

In response to finding a deficiency during an inspection at a municipal residential drinking-water system, the Director shall ensure that a mandatory action is taken by the Ministry within 14 days (or immediately in certain circumstances)

Where the enforcement branch determines that an investigation is warranted, the branch shall conduct an investigation to determine if reasonable and probable grounds exist for taking enforcement action; public may apply for an investigation to be commenced

Compliance and Enforcement, O. Reg. 242/05 (made under the SDWA)

6(2), 7

Minister has power to investigate (and to delegate that power)

Provincial officers may investigate and prosecute offences, issue orders where suspected contravention, enter and inspect

Provincial officers may issue control orders, stop orders

Contravention of Act an offence

Environmental Protection Act, R.S.O. 1990, c. E.19

4(1),(3)

5(5), 156-8

7, 8, 124ff

186

Provincial officers empowered with power to investigate and prosecute for the purpose of this Act; can make orders where reasonable belief of contravention of this Act or for preventative measures; has search in seizure powers, and can issue an order to any person who owns, manages or has control of a water works where in public interest to do so

Minister may examine any surface waters or ground waters in to determine what pollution exists

Ontario Water Resources Act, R.S.O. 1990, c. O.40

5(3)-(4), 15, 16, 16.2, 1920

29(2)

Penalties:

individuals: (other than an offence described in ss. 109 (1)) is liable, (a) (first conviction) $50,000/day, (b) (subsequent conviction) $100,000/day and one year imprisonment, (4) both (33).
corporations: (other than an offence described in ss. 109 (1)) is liable (a) (first conviction) $250,000/day; (b) (subsequent convictions): $500,000/day
serious offence: (corporations) fines vary from $25,000 to $6,000,000 on a first conviction; $50,000 to $10,000,000 on a second conviction; and $100,000 to $10,000,000 on subsequent convictions; (individuals) $5,000 to $4,000,000 on a first conviction, $10,000 to $6,000,000 on a second conviction, and $20,000 to $6,000,000 on subsequent convictions; 5 yrs imprisonment; or both

Ontario Water Resources Act

108

Prince Edward Island

General investigation powers of

Minister Minister may issue orders

Environment officers have entry, search and inspection, seizure powers.

Orders must be complied with

Contravention of Act an offence; remedial powers of Minister

Environmental Protection Act, R.S.P.E.I. 1988, c. E-9

3(1)(a)

7(2)

7(4), (8)

29(4)

32-34

Penalties:

individuals: $200 - $10,000, or imprisonment for 90 days, or both, and to pay such restitution
corporations: $1,000 to $50,000, or its directors to imprisonment for 90 days, or to both, and to pay restitution

Environmental Protection Act

Chief Health Officer or a health officer can make orders where there is some circumstance that is or is likely to be dangerous or injurious to public health

Public Health Act, R.S.P.E.I. 1988, c. P30

Quebec

Contravention of certain provisions an offence; penal provisions and other sanctions

Environment
Quality Act, R.S.Q., c. Q-2

106 – 109.1.2

Every functionary authorised by the Minister may at any reasonable time enter on land or a building (other than a private residence) to collect samples, install measuring apparatus, make analyses, examine records or examine the premises for the enforcement of this Act or regulations

Environment
Quality Act, R.S.Q., c. Q-2

113

Minister (or designated functionaries) may require information necessary for the exercise of his duties from any person doing anything contemplated by this Act

Minister (or designated functionaries) have search powers

Environment
Quality Act, R.S.Q., c. Q-2

120

120.1

Contravention of certain provisions in regulations an offence Every person who, in contravention of s. 3, puts water intended for human consumption that does not comply with the standards of quality set out in Schedule 1, is liable to a fine of $2 000 to $20 000 in the case of a natural person; $4 000 to $40 000 in the case of a legal person

Any contravention of ss. 11, 12, 14, 15, 17 to 19, 21, 30, 39, 40, 44.3 renders the offender liable to a fine of $2 000 to $25 000 in the case of a natural person; $5 000 to $60 000 in the case of a legal person

Any other offence: $500 to $10 000; $1 000 to $20 000

Subsequent offences: fines doubled

Regulation respecting the quality of drinking water, c. Q-2, r. 18.1

45-49

Saskatchewan

NOTE: No general inspection powers of water works

The Saskatchewan Watershed Authority has the right to inspect certain works (primarily water diversion and control works)

Inspection powers of Saskatchewan Watershed Authority re wells

General inspection powers of Saskatchewan Watershed Authority

Offence to contravene this Act

The Saskatchewan Watershed Authority Act, 2005, S.S. c. S-35.03

Operator Certification Board may investigate applicants for an operating certificate

The Water Regulations, 2002, c. E10.21, M. Reg 1

Administrative penalties available for breach of the regulations:

Type of Contravention	Potential for Adverse Effect
	Major	Moderate	Minor
Major	$5,000	$3,500	$2,500
Moderate	$3,500	$2,500	$1,500
Minor	$2,500	$1,500	$1,000

The Water Regulations, 2002

70-71

General environmental inspection and enforcement powers

Where non-compliance with permit

Environmental Management and Protection Act, 2002, S.S. c. E-10.21

8, 69

Yukon

Minister may designate inspectors, who have certain powers of entry, search and inspection; and can direct persons to undertake corrective actions

Waters Act, S.Y. 2003, c. 19

33-35

A licensee who holds a type A licence who (a) contravenes or fails to comply with any condition of the licence, where the contravention or failure to comply does not constitute an offence under s. 39, or (b) without reasonable excuse, fails to furnish or maintain security as required under ss. 15(1), is guilty of an offence and liable on summary conviction to a fine of up to $100,000 or to imprisonment for a term of up to one year, or to both.

A licensee who holds a type B licence who (a) contravenes or fails to comply with any condition of the licence, where the contravention or failure to comply does not constitute an offence under s. 39, or (b) without reasonable excuse, fails to furnish or maintain security as required under ss. 15(1), is guilty of an offence and liable on summary conviction to a fine of up to $15,000 or to imprisonment for a term of up to six months, or to both.

Waters Act

38-39

Every source of water supply is subject to inspection by the a Medical Health Officer or Health Officer

Regulations Respecting Public Health, C.O. 1958/079 (made under the Public Health Act)

Environmental Health Officers conduct routine inspections and ensure that any deficiencies are rectified

Patricia Brooks (Drinking Water Program Coordinator)

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