BILL C-462 (First Reading)

	1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
	House of Commons of Canada
	BILL C-462
	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
Short title	1. This Act may be cited as the Canadian Safe Drinking Water Act.
	INTERPRETATION
Definitions	2. (1) The definitions in this subsection apply in this Act.
``aboriginal peoples of Canada'' « peuples autochtones du Canada »	``aboriginal peoples of Canada'' has the same meaning as in subsection 35(2) of the Constitution Act, 1982.
``Committee'' « Comité »	``Committee'' means the Canadian Safe Drinking Water Committee established under section 7.
``community water system'' « réseau de distribution d'eau »	``community water system'' means a system for the collection, treatment, storage or distribution of drinking water.
``drinking water'' « eau potable »	``drinking water'' means water that is destined to be used by humans for drinking or for washing the body, regardless of whether the water was originally fit for either of those purposes.
``Minister'' « ministre »	``Minister'' means the Minister of Health.
``National Standards'' « normes nationales »	``National Standards'' means the National Safe Drinking Water Standards referred to in section 8.
``regulations'' « règlement »	``regulations'' means regulations made by the Minister under section 10.
Definition of ``provinces''	(2) For greater certainty, ``provinces'' includes territories.
	PURPOSE OF ACT
Purpose	3. The purpose of this Act is to protect the health of Canadians by establishing National Safe Drinking Water Standards and to require the prompt reporting and public disclosure of incidents of non-compliance with those standards.
	HER MAJESTY
Binding on Her Majesty	4. This Act is binding on Her Majesty in right of Canada or a province.
	APPLICATION
Application	5. This Act applies in respect of community water systems that distribute drinking water to 25 or more persons for no less than 30 days in a year.
	ADMINISTRATION
Agreement	6. (1) The Minister may enter into an agreement with any person, federal institution or government of a province or any other entity respecting the administration and enforcement of this Act or the regulations.
Definition of ``federal institution''	(2) For the purposes of subsection (1), ``federal institution'' means any department or ministry of state of the Government of Canada listed in Schedule I to the Access to Information Act or any body or office listed in Schedule I to that Act.
	CANADIAN SAFE DRINKING WATER COMMITTEE
Establishment	7. (1) The Minister shall establish a body, to be known as the Canadian Safe Drinking Water Committee,
	(a) to monitor compliance with the National Standards;
	(b) to undertake research into maintaining and improving drinking water quality in Canada; and
	(c) to advise the Minister on regulations that are proposed to be made under section 10.
Composition of Committee	(2) The Committee shall consist of those representatives of the Minister, the provinces, and the aboriginal peoples of Canada as the Minister considers appropriate.
	NATIONAL SAFE DRINKING WATER STANDARDS
National Safe Drinking Water Standards	8. The National Safe Drinking Water Standards shall be set out in the regulations and, subject to section 11, shall be complied with in accordance with the regulations.
	REPORTING OF NON-COMPLIANCE WITH THE NATIONAL STANDARDS
Non-complian ce with the National 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 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
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 establishment of national standards for safe drinking water;
	(b) the monitoring of compliance with the National Standards, including the appointment of inspectors and their power to enter into and inspect community water systems, to seize objects, request the production of information and documents and to make copies of them; and
	(c) 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 period and manner in which it must be done.
Incorporation by reference	(2) Regulations made under subsection (1) may incorporate by reference any standard as it exists or as it is amended from time to time.
	EQUIVALENT PROVINCIAL PROVISIONS
Equivalent provincial provisions	11. The Minister may make an order declaring that the National Standards and regulations made under paragraphs 10(1)(a) and (c) do not apply in an area under the jurisdiction of a government of a province if the Minister and the government agree in writing that there are in force, by or under the laws applicable to the jurisdiction of the government, provisions that are at least equivalent to the National Standards and the regulations made under paragraphs 10(1)(a) and (c).
	OFFENCES AND PUNISHMENT
Offence and penalty	12. Every person who contravenes section 9 and regulations made under paragraph 10(1)(c) 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.
Continuing offence	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.
Offence by director or officer of corporation	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.
Offence by employee or agent	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
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
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.