The Water Rights Act

The Water Rights Act, C.C.S.M. c. W80 bilingual version (HTML) Table of Contents Section 1 Definitions 1.1 Designation of registrar 2 Water rights vested in the Crown 3 Prohibitions 4 Renumbered as section 18.4 4.1 Regulations re registrable projects 4.2 Registration of a registrable project 5 Issue of licences 5.1 Restoring wetland as condition of issuing licence 5.2 Wetlands restoration and enhancement agreements 6 Application for licence 7 Preliminary work 7.1 Application of sections 8 to 11 8 Precedence of licences 9 Priority of purposes 9.1 Protecting and maintaining aquatic ecosystems 9.2 Suspending licence for aquatic ecosystem purposes 10 Application for use in the future 11 Change of title to land 12 Use or diversion for domestic purposes 13 Reservation of water 14 Cancellation or restriction of licence 14.1 Investigations re levels and in-stream flows 15 Non-use of licence 16 Unsafe works or water control works 17 Removal or acquisition of works or water control works 17.1 Appointing officers 18 Inspection authority 18.1 Warrant for search and seizure 18.2 No obstructing officers 18.3 No false or misleading statements 18.4 Removal of unauthorized works or water control works 19 Suspension and cancellation of licence, permit or registration 20 Removal of obstructions 21 Interprovincial and boundary waters 22 Agreements with governments and agencies 22.1 No interfering with monuments or instruments 23 Offences and penalties 24 Appeals 24.1 Protection from liability 25 Crown bound 25.1 Water Resources Conservation Act takes precedence 26 Regulations 26.1 Regulations may establish classes 27 Priority over Municipal Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "agricultural purposes" means the use of water at a rate of more than 25,000 litres per day for the production of primary agricultural products, but does not include the use of water for irrigation purposes; (« fins agricoles ») "aquatic ecosystem" means the components of the earth related to, living in or located in or on water or the beds or shores of a water body, including but not limited to (i) all organic and inorganic matter, and (ii) all living organisms and their habitat, and their interacting natural systems; (« écosystème aquatique ») "construct" , in relation to works and water control works, includes alter, reconstruct or improve; (« construire ») "divert" includes block, dam, impound, obstruct, interfere with, remove, dispose of, alter or change the course or position of, or disturb, whether wholly or partially, any water whether flowing or at rest; (« dériver ») "domestic purposes" means the use of water, obtained from a source other than a municipal or community water distribution system, at a rate of not more than 25,000 litres per day, for household and sanitary purposes, for the watering of lawns and gardens, and the watering of livestock and poultry; (« fins domestiques ») "industrial purposes" means the use of water obtained from a source other than a municipal or community water distribution system, for the operation of an industrial plant producing goods or services other than primary agricultural products, but does not include the sale or barter of water for those purposes or the use of water for recreational purposes; (« fins industrielles ») "irrigation purposes" means the use of water at a rate of more than 25,000 litres per day for the artificial application to soil to supply moisture essential to plant growth; (« fins d'irrigation ») "licence" means a licence issued under this Act; (« licence ») "licensee" means a person who holds a valid and subsisting licence; (« détenteur d'une licence ») "maintain" , in relation to works or water control works, includes keep in existence; (« entretenir ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "municipal purposes" means the use of water by a municipality or a community for the purpose of supplying a municipal or community water distribution system for household and sanitary purposes, for industrial use or uses related to industry, for the watering of streets, walks, paths, boulevards, lawns and gardens, for the protection of property, for the flushing of sewers, and for other purposes usually served by a municipal or community water distribution system; (« fins municipales ») "officer" means (a) an officer appointed under section 17.1, and (b) a conservation officer appointed under The Conservation Officers Act ; (« agent ») "permit" means a permit issued under this Act; (« permis ») "permittee" means a person who holds a valid and subsisting permit; (« détenteur d'un permis ») "prescribed" means prescribed by regulation; (Version anglaise seulement) "registrable project" means works or water control works belonging to a class designated by regulation under section 4.1; (« projet admissible ») "registrant" means a person who holds a valid and subsisting registration; (« détenteur d'un enregistrement ») "registrar" means a person designated under section 1.1; (« registraire ») "registration" means a registration certificate provided under section 4.2; (« enregistrement ») "water" means all water on or below the surface of the ground; (« eau ») "water body" means any location where water flows or is present, whether the flow or the presence of water is continuous, intermittent or occurs only during a flood, and includes wetlands and aquifers; (« plan d'eau ») "water control works" means any dyke, dam, surface or subsurface drain, drainage, improved natural waterway, canal, tunnel, bridge, culvert borehole or contrivance for carrying or conducting water, that (a) temporarily or permanently alters or may alter the flow or level of water, including but not limited to water in a water body, by any means, including drainage, or (b) changes or may change the location or direction of flow of water, including but not limited to water in a water body, by any means, including drainage; (« ouvrages de régularisation des eaux ») "well" means an artificial orifice in the ground constructed for the purpose of obtaining water; (« puits ») "wetland" means (a) a marsh, bog, fen, swamp or ponded shallow water, and (b) low areas of wet or water-logged soils that are periodically inundated by standing water and that are able to support aquatic vegetation and biological activities adapted to the wet environment in normal conditions; (« terre humide ») "works" includes any excavation, well, structure, plant, operation or contrivance that diverts, or may divert, or is likely to divert water. (« ouvrages ») S.M. 2000, c. 18, s. 2 ; S.M. 2005, c. 26, s. 42 ; S.M. 2006, c. 8, s. 2 ; S.M. 2015, c. 4, s. 29 ; S.M. 2018, c. 6, s. 67 . Designation of registrar 1.1 The minister may designate one or more persons as registrars for the purpose of this Act. S.M. 2018, c. 6, s. 68 . Property in water 2 Except as otherwise provided in this Act, all property in, and all rights to the use, diversion or control of, all water in the province, insofar as the legislative jurisdiction of the Legislature extends thereto, are vested in the Crown in right of Manitoba. S.M. 2000, c. 18, s. 3 . Prohibition against use of water 3(1) Except as otherwise provided in this Act or the regulations, no person shall (a) in any manner whatsoever use or divert water, unless they hold a valid and subsisting licence to do so; or (b) construct, establish, operate or maintain any works, unless they hold a valid and subsisting licence to do so; or (c) control water or construct, establish, operate or maintain any water control works, unless they hold a valid and subsisting licence to do so. Registered projects 3(1.1) In lieu of a licence, a person may construct, establish, operate or maintain works or water control works registered under section 4.2. Exception 3(2) Subsections (1) and (1.1) do not apply (a) to a person exercising a right under any other Act of the Legislature or any Act of the Parliament of Canada; or (b) to a person using water for domestic purposes, where the person has lawful access to the water; or (c) to a person who constructs a well to obtain water for domestic purposes. S.M. 2000, c. 18, s. 4 ; S.M. 2018, c. 6, s. 69 . 4 [Renumbered as section 18.4] Regulations re registrable projects 4.1(1) The Lieutenant Governor in Council may make regulations respecting registrable projects and registration under section 4.2, including designating one or more classes of works or water control works as registrable projects. Restriction on designated classes 4.1(2) A class of works or water control works is not eligible to be designated under subsection (1) if, in the opinion of the Lieutenant Governor in Council, works or water control works of that class are likely to (a) significantly alter the flow or level of water; (b) result in a significant change in the location or direction of flow of water; (c) result in the loss or alteration of a prescribed class of wetland; or (d) have significant adverse environmental effects. Public consultation in regulation development 4.1(3) In the formation or substantive review of regulations made under subsection (1), the minister must provide an opportunity for public consultation regarding the proposed regulation or amendment. S.M. 2018, c. 6, s. 71 . Registration of a registrable project 4.2(1) A person may apply to the registrar, in a form approved by the minister, to register works or water control works under this section. Information required 4.2(2) A person applying for registration must provide to the registrar (a) the information required by the application form and the regulations; (b) the prescribed documentation or other information necessary to establish that the proposed works or water control works are a registrable project of a particular class; and (c) any additional information required by the registrar. Registration if application satisfactory 4.2(3) If the registrar determines that the application is satisfactory, the registrar must register the proposed works or water control works and provide the applicant with a registration certificate in a form approved by the minister. Terms and conditions of registration 4.2(4) Every registration is subject to the terms and conditions prescribed in the regulations and any further terms and conditions imposed by the registrar. S.M. 2018, c. 6, s. 71 . Issue of licences 5(1) Subject to sections 5.1 and 7, the minister may issue a licence to any person who applies therefor, authorizing (a) the use or diversion of water for any purpose; or (b) the construction, establishment, operation or maintenance of works for any purpose; or (c) the control of water and the construction, establishment, operation or maintenance of water control works. Terms and conditions of licences 5(2) Every licence is subject to such terms and conditions as may be prescribed in the regulations and such further terms and conditions as may be required by the minister. 5(3) [Repealed] S.M. 1989-90, c. 90, s. 40. Form of licences 5(4) Every licence shall be in a form prescribed in the regulations or, where that form is not so prescribed, in a form prescribed by the minister. S.M. 1989-90, c. 90, s. 40 ; S.M. 2000, c. 18, s. 6 ; S.M. 2018, c. 6, s. 72 . Restoring wetland as condition of issuing licence 5.1(1) Before the minister issues a licence that authorizes activities that would result in the loss or alteration of a prescribed class of wetland, the applicant must have taken one of the actions specified in subsection (2) to ensure that there is no net loss of wetland benefits. Required actions before licence issued 5.1(2) The applicant must, in accordance with the regulations, (a) pay a specified amount to The Manitoba Habitat Heritage Corporation, or to another person or organization designated by the minister, for the purpose of restoring or enhancing a wetland in another location; or (b) restore or enhance a wetland in a location specified or approved by the minister. Proof of compliance 5.1(3) A licence must not be issued unless (a) the applicant provides the minister with proof of payment of the amount required under clause (2)⁠(a); or (b) an officer inspects the wetland that the applicant restored or enhanced and gives written confirmation to the minister that the wetland has been restored or enhanced in an acceptable manner. S.M. 2018, c. 6, s. 73 . Wetlands restoration and enhancement agreements 5.2(1) The minister may enter into an agreement with The Manitoba Habitat Heritage Corporation or any other person or organization respecting the restoration or enhancement of wetlands using amounts paid by licence applicants under clause 5.1(2)⁠(a). Reporting 5.2(2) The agreement must include a requirement to provide the minister with an annual report that sets out the total amounts received from licence applicants and details of all wetland restoration or enhancement work performed. S.M. 2018, c. 6, s. 73 . Application for licence 6(1) An application for a licence shall be submitted to the minister and shall contain or have enclosed therewith such information, particulars and plans as may be prescribed in the regulations. Form of application for licence 6(2) An application for a licence shall be in a form prescribed in the regulations or, where that form is not so prescribed, in a form prescribed by the minister. Publication of application 6(3) Where, by reason of the scope and nature of the use, diversion or control of water or the construction, establishment, operation or maintenance of works or water control works proposed in an application for a licence and their possible impact on other persons, the minister so directs, the applicant shall, forthwith after submitting the application, publish or cause to be published in a newspaper having general circulation in the area affected, a notice of the application, and the notice shall state (a) the nature of the licence applied for; (b) that any person wishing to object to the application may do so in writing to the minister within 15 days of the publication of the notice; and (c) any other information or particulars that the minister may require. Public hearing 6(4) Upon expiry of the 15 days provided in subsection (3) in respect of any application, and before the minister determines whether or not to grant the application, a public hearing shall be held before the Municipal Board at which any person may make representations, either themselves or through counsel, for or against the application. S.M. 2000, c. 18, s. 7 . Preliminary work 7(1) Where it is necessary to carry out any preliminary work prior to the use, diversion or control of water or the construction or establishment of works or water control works, the minister shall not issue a licence authorizing the use, diversion or control of the water or the construction or establishment of the works or water control works until the preliminary work has been completed. Permit for preliminary work 7(2) No person shall commence or carry out any preliminary work required under subsection (1) unless and until they obtain a permit authorizing the preliminary work. Issue of permits 7(3) The minister may issue a permit to any person who applies therefor, authorizing any preliminary work required under subsection (1), and the permit may also authorize the permittee to enter upon public or private lands to make surveys and do such other things as the minister deems necessary to carry out the preliminary work. Terms and conditions of permits 7(4) Every permit is subject to such terms and conditions as may be prescribed in the regulations and such further terms and conditions as may be required by the minister. Application for permit 7(5) An application for a permit required under subsection (2) shall be submitted to the minister and shall contain or have enclosed therewith (a) such information, particulars and plans relating to the proposed use, diversion or control of water or the proposed construction or establishment of works or water control works as the minister may require; and (b) if required by the minister, an agreement in writing, made between and executed by both the applicant and the owner of the lands to be affected, whereby the applicant undertakes to pay to the owner compensation for any damage that may result to the lands or any buildings or other improvements thereon in the course of and arising out of the preliminary work to be authorized by the permit. 7(6) [Repealed] S.M. 1989-90, c. 90, s. 40. Form of permits and applications 7(7) Every permit and every application for a permit shall be in a form prescribed in the regulations or, where that form is not so prescribed, in a form prescribed by the minister. S.M. 1989-90, c. 90, s. 40 ; S.M. 2000, c. 18, s. 8 . Application of sections 8 to 11 7.1 Sections 8 to 11 do not apply to licences for the control of water and the construction, establishment, operation or maintenance of water control works. S.M. 2000, c. 18, s. 9 ; S.M. 2006, c. 8, s. 4 . Precedence of licences 8(1) Licences have precedence in relation to one another according to the date of submission of the application for each licence. Where no preliminary work 8(2) For the purposes of subsection (1), the date of submission of an application for a licence, where no preliminary work is required prior to the issuance of the licence, is (a) the date on which the application, together with such information, particulars and plans as may be required under section 6, is submitted to the minister; and (b) where any information, particulars or plans, or a part of any information, particulars or plans, required under section 6 are not submitted to the minister together with the application but at a subsequent time, the date on which the information, particulars or plans or the part thereof are so submitted. Where preliminary work completed 8(3) For the purposes of subsection (1), the date of submission of an application for a licence issued after the completion of preliminary work pursuant to a permit is (a) the date on which the application for the permit, together with such things as may be required under section 7, is submitted to the minister; and (b) where any thing, or a part of any thing, required under section 7 is not submitted to the minister together with the application for the permit but at a subsequent time, the date on which the thing or the part thereof is so submitted. Where submission dates identical 8(4) Where the date of submission established under subsection (2) or (3) in respect of any licence is identical with the date of submission established under subsection (2) or (3) in respect of any other licence, the licences have precedence in relation to one another according to the priority of purpose established for each licence in the order of priority prescribed in section 9. Where priority of purpose identical 8(5) Where the priority of purpose established in respect of any licence under subsection (4) is identical with the priority of purpose established in respect of any other licence under subsection (4), the licences have precedence in relation to one another as the regulations may provide. Precedence of renewed licences 8(6) A licence that is renewed in accordance with the regulations retains the precedence originally established for it under this section. Priorities 9 The order of priority of the purposes for which water may be used or diverted, or works constructed, established or maintained, in accordance with this Act is as follows: 1. domestic purposes; 2. municipal purposes; 3. agricultural purposes; 4. industrial purposes; 5. irrigation purposes; 6. other purposes. Protecting and maintaining aquatic ecosystems 9.1(1) In considering an application for a licence (a) to use or divert water; or (b) to construct , establish, operate or maintain works, other than works relating to the drainage of water; the minister shall consider scientific and other information relating to the groundwater and water body levels, and the in-stream flows, that are necessary to ensure that aquatic ecosystems are protected and maintained. Licence may be denied 9.1(2) The minister may refuse to issue a licence if, in the opinion of the minister, the action authorized by the licence would negatively affect an aquatic ecosystem. S.M. 2005, c. 26, s. 42 . Suspending licence for aquatic ecosystem purposes 9.2 The minister may suspend or restrict the rights under a licence for a specified period if (a) in the minister's opinion, (i) a groundwater level, (ii) a water body level, or (iii) an in-stream flow, is insufficient to ensure that aquatic ecosystems are protected and maintained; and (b) the minister's opinion is based on scientific information about protecting and maintaining an aquatic ecosystem of the type under consideration. S.M. 2005, c. 26, s. 42 . Application for use in the future 10 If the minister is satisfied that an applicant for a licence does not intend to use or divert the water or to construct or establish the works to which the application relates for at least one year after the date the application was submitted, the minister may refuse to issue the licence or defer issuing the licence. S.M. 2000, c. 18, s. 10 ; S.M. 2018, c. 6, s. 74 . Change of title to land 11 Where an estate or interest in land is transferred, any subsisting licence relating to the estate or interest expires automatically as of the date of the transfer, unless the minister, upon the application of the transferee, transfers the licence to the transferee. Subsidiary use for domestic purposes 12 Subject to the approval of the minister, a person who has a licence to use or divert water for industrial, agricultural or irrigation purposes may use or divert, or permit others, with or without a fee or charge therefor, to use or divert part of the water for domestic purposes. Reservation of water 13(1) Notwithstanding any other provision of this Act, the minister may reserve any unlicenced water (a) in order that a survey may be made as to how the water may be used or diverted to the greatest advantage of the residents of the province; or (b) for such uses and purposes specified by the minister as in the minister's opinion will be of the greatest advantage to the residents of the province; and may fix a period of time within which the reservation may be utilized. Restriction on licences 13(2) Where water has been reserved under subsection (1), the minister shall not issue a licence in respect thereof except in accordance with the terms of the reservation. Cancellation of licence 14(1) Where a person applies to the minister for a licence to use or divert water at any place or point and all the water available for use or diversion at that place or point has already been allocated to other licensees or in the opinion of the minister further allocation would negatively affect an aquatic ecosystem , if the purpose for which the applicant will use the water is higher in priority in the order of priority established therefor under section 9 than that of the purpose of one or more of those other licensees, the minister may issue the licence to the applicant and, subject to section 19, may cancel or restrict the rights under the licence of any one or more of those other licensees ranking lower than the applicant in priority of purpose. Compensation 14(2) A person whose existing licence is cancelled or whose rights under their existing licence are restricted under subsection (1) in favor of a new applicant for a licence is entitled to receive from and shall be paid by the applicant compensation for any loss or damage suffered by them as a consequence of the cancellation or restriction. Agreement respecting compensation 14(3) The minister shall not issue a licence to an applicant under subsection (1) until the minister receives from the applicant an agreement, executed by both the applicant and the person whose licence is cancelled or restricted under that subsection, containing the applicant's undertaking to pay to the person the compensation for which provision is made in subsection (2), and the amount of the compensation and the terms of the payment thereof shall be set out in the agreement or determined in accordance with subsection (4), as the case may be. Arbitration 14(4) Where an applicant for a licence and a person whose license is cancelled or whose rights under a licence are restricted fail to agree on the amount of the compensation payable by the applicant under subsection (2), the amount thereof shall be determined in accordance with the provisions of The Arbitration Act . Compensation where no renewal or transfer 14(5) Where a licensee applies for a renewal or transfer of their licence and the minister declines to renew or transfer the licence by virtue of an application for a higher priority use, compensation is payble by the new user as provided in this section. S.M. 2005, c. 26, s. 42 . Investigations re levels and in-stream flows 14.1 Using scientific methods, the minister may undertake investigations into groundwater or water body levels, or in-stream flows, anywhere in Manitoba, to determine whether aquatic ecosystems are being negatively affected by insufficient levels or flows. S.M. 2005, c. 26, s. 42 . Non-use of licence 15 Where a licensee fails to use or divert water under the authority of and for the purposes authorized by the licence, or fails to use or divert water to the extent authorized by the licence, for a continuous period of 1 year or more, the minister may, subject to section 19, make an order (a) amending the licence to reduce the amount of water that may be used or diverted thereunder; or (b) cancelling the licence. Unsafe works or water control works 16 Where in the opinion of the minister works or water control works constructed, established or maintained under a licence or registration are unsafe, the minister may make an order requiring the licensee or registrant (a) to make repairs or additions to the works or water control works or any part thereof; or (b) to demolish, or to demolish and reconstruct, the works or water control works or any part thereof; to put the works or water control works in a safe condition and, if the licensee or registrant fails to comply with the order, the minister may, subject to section 19, suspend or cancel the licence or registration in whole or in part. S.M. 2000, c. 18, s. 11 ; S.M. 2018, c. 6, s. 75 . Removal or acquisition of works or water control works 17(1) Where a licence or registration authorizing the construction, establishment or maintenance of works or water control works (a) expires, and the licensee or registrant fails to apply for its renewal in accordance with the regulations; or (b) is cancelled by the minister under this Act; the minister may (c) make an order requiring the person who owns or is occupying the land in respect of which the licence or registration was issued or on which the works or water control works are situated to breach, block, fill, demolish or remove the works or water control works; or (d) for and on behalf of the government and in accordance with the regulations, assume ownership and control of the works or water control works. Removal of works or water control works 17(2) Where a person fails to comply with an order made under subsection (1) in respect of any works or water control works, the minister may, subject to section 18.4, which applies with such modifications as the circumstances require, cause the works or water control works to be disposed of or removed, in such manner, and may impose such terms and conditions with respect to the works or water control works, as the minister deems necessary. Compensation 17(3) Where the minister assumes ownership and control of works or water control works under subsection (1) upon the expiry of a licence or registration, the government shall compensate the licensee or registrant therefor. Failure to agree on compensation 17(4) Where the parties cannot agree as to the amount of the compensation payable under subsection (3), the amount of the compensation shall be determined in accordance with the provisions of The Arbitration Act . S.M. 2000, c. 18, s. 12 ; S.M. 2006, c. 8, s. 5 ; S.M. 2018, c. 6, s. 76 . Appointing officers 17.1 The minister may appoint officers for the purpose of administering and enforcing this Act. S.M. 2006, c. 8, s. 6 . Inspection authority 18(1) When reasonably required to administer or determine compliance with this Act, an officer or a person authorized by the minister may enter upon any land without a warrant at any reasonable time to inspect the land and any works or water control works that have been maintained or are being constructed there. Additional inspection powers 18(1.1) When conducting an inspection under subsection (1), an officer or a person authorized by the minister may (a) require any thing to be produced for inspection, examination, testing or analysis; (b) take samples of any thing; (c) take photographs or video recordings of the land, or any works, water control works or any other thing on the land; (d) take measurements or make surveys; and (e) bring any equipment required to carry out any action related to the inspection. Identification 18(2) An officer or a person authorized by the minister must produce identification if requested to do so while conducting an inspection. S.M. 1989-90, c. 90, s. 40 ; S.M. 2000, c. 18, s. 13 ; S.M. 2006, c. 8, s. 7 ; S.M. 2018, c. 6, s. 77 . Warrant for search and seizure 18.1 A justice, upon being satisfied by information on oath that there are reasonable grounds to believe that (a) an offence under this Act is being or has been committed; and (b) there is to be found in any place or premises any thing that will afford evidence of the offence; may at any time issue a warrant authorizing an officer and any other person named in the warrant to enter and search the place or premises for any such thing, and to seize it and as soon as practicable bring it before a justice, or report on it to a justice, to be dealt with according to law. S.M. 2006, c. 8, s. 7 . No obstructing officers 18.2 A person must not obstruct or hinder, or make a false or misleading statement to, an officer who is exercising powers or performing duties under this Act. S.M. 2018, c. 6, s. 78 . No false or misleading statements 18.3 A person must not make a false or misleading statement in any application for a licence, permit or registration or in any return or report required under this Act or the regulations. S.M. 2018, c. 6, s. 78 . Removal of unauthorized works or water control works 18.4(1) Where a person is using, diverting or controlling water or has constructed or established or is operating or maintaining any works or water control works in breach of section 3, the minister may make an order requiring the person, within a period of time stated in the order, (a) to cease using or diverting the water; or (b) to remove the works or water control works; or (b.1) to cease controlling the water; or (c) to repair or reconstruct or alter the works or water control works in a manner stated in the order; as the case may be, and the order shall further state that if the person to whom it is directed fails to comply with the order, an officer or another person authorized by the minister may, without further notice or legal process and at the expense of the person, take or cause to be taken the steps set out in subsection (3). Service of order 18.4(2) An order made under subsection (1) shall be served on the person to whom it is directed (a) by personal service; or (a.1) by registered mail addressed to the last known address of the person to whom it is directed; or (b) by leaving a copy of the order with an adult person on the affected land; or (c) by posting a copy of the order in a conspicuous place on the affected land, if no adult person is found thereon. Removing works or water control works 18.4(3) Where after service in accordance with subsection (2) of an order made under subsection (1) the person to whom it is directed fails to comply therewith, an officer or a person authorized by the minister may, without further notice or legal process and at the expense of the person, do or cause to be done such things as the officer or person authorized by the minister deems necessary to stop the use, diversion or control of the water, or cause the works or water control works to be breached, blocked, filled, demolished or removed or to be otherwise dealt with as the officer or person authorized by the minister deems necessary or advisable to enforce the order, as the case may be. Power to enter lands 18.4(4) An officer or a person authorized by the minister may enter upon or cross any lands for the purpose of taking any of the steps authorized under subsection (3). Recovery of expense 18.4(5) Any expense incurred in taking or causing to be taken the steps authorized under subsection (3) for the purpose of enforcing an order made under subsection (1) is a debt due to the Crown. The minister may issue a certificate as to the amount of the debt and file it in the Court of King's Bench, and, once filed, it may be enforced as if it were a judgment of the court. S.M. 1989-90, c. 90, s. 40 ; S.M. 2000, c. 18, s. 5 ; S.M. 2005, c. 26, s. 42 ; S.M. 2006, c. 8, s. 3 ; S.M. 2018, c. 6, s. 70 . Suspension and cancellation of licence, permit or registration 19(1) In addition to any suspension or cancellation of a licence, permit or registration that may be authorized under any other provision of this Act, the minister may, for cause, (a) suspend a licence, permit or registration for any stated period of time or until a condition is met; (b) where in the opinion of the minister it is in the public interest to do so, cancel a licence, permit or registration whether or not it has first been suspended under clause (a). Notice and hearing before cancellation 19(2) A licence, permit or registration shall not be cancelled under subsection (1) or any other provision of this Act until after notice and a hearing in accordance with subsections (3), (4) and (5). No hearing if consent 19(2.1) Despite subsection (2), the minister may cancel a licence, permit or registration without a hearing if the licensee, permittee or registrant consents to the cancellation. Notice of hearing 19(3) The notice required under subsection (2) shall require the person to whom it is directed to attend before the Municipal Board upon a day specified in the notice which shall not be less than 30 days after the date of service of the notice, to show cause why the licence, permit or registration should not be cancelled. Service of notice 19(4) The notice referred to in subsection (3) shall be served personally, or by registered mail addressed to the last known address of the person to whom it is directed. Notice of cancellation 19(5) If the minister cancels a licence, permit or registration, the minister must give the person affected notice of the cancellation by ordinary mail sent to the person's last known address. The notice is deemed to have been received by the person five days after the day it was mailed. S.M. 2006, c. 8, s. 8 ; S.M. 2018, c. 6, s. 79 . Removal of obstructions 20 An officer or another person authorized by the minister may open up, remove or destroy, or cause to be opened up, removed or destroyed, (a) any dam constructed by beaver; or (b) any natural obstruction howsoever caused that diverts a flow of water existing prior to the obstruction; and for that purpose may enter upon or cross any lands. S.M. 2006, c. 8, s. 9 . Interprovincial boundary waters 21(1) The minister, for and on behalf of the government, may enter into an arrangement or agreement with the government of any other province of Canada or with the Government of Canada or with the Government of Nunavut for the establishment and constitution of a board that, when established and constituted, shall, to the extent permitted by the legislative powers of the governments that are parties to the arrangement or agreement, have jurisdiction and such power and authority as is vested in it by the arrangement or agreement, to regulate and control the use of interprovincial waters, or the use of the boundary waters between the province and the Northwest Territories or between the province and Nunavut, or the use of waters in any stream or streams flowing through more than one of the provinces or through one or more than one of the provinces and the Northwest Territories or Nunavut. Representative on board 21(2) The Lieutenant Governor in Council may appoint a representative or representatives of the government to the board established under subsection (1). S.M. 1999, c. 17, s. 5 . Agreements with other governments 22 The minister may enter into an arrangement or agreement with the government of any other province of Canada or the Government of Canada or any agency for the making of water measurements, the carrying out of investigations and the collection and publication of data respecting water resources and the best methods of utilizing them. No interfering with monuments or instruments 22.1 A person must not deface, alter or remove a survey monument, bench mark, water gauge, or other instrument or device placed by a person who is authorized to make a survey in connection with any works or water control works. S.M. 2018, c. 6, s. 80 . Offences 23(1) A person is guilty of an offence who (a) contravenes a provision of this Act or the regulations; (b) fails to comply with an order made under this Act; or (c) fails to comply with a term or condition of a licence, permit or registration under this Act. Penalties 23(1.1) A person who is guilty of an offence is liable on conviction (a) in the case of an individual, to a fine of not more than $50,000 or imprisonment for up to three months, or both; and (b) in the case of a corporation, to a fine of not more than $500,000. Liability of directors and officers 23(1.2) If a corporation commits an offence, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence and is liable on conviction to the penalties set out in clause (1.1)⁠(a), whether or not the corporation has been prosecuted or convicted. 23(2) and (3) [Repealed] S.M. 2018, c. 6, s. 81 . Continuing offence 23(4) Each day's continuance of any act or default that is an offence under this Act constitutes a separate offence for the purposes of this section. Time limit for prosecution 23(5) A prosecution for an offence under this Act may not be commenced later than two years after the day on which evidence sufficient to justify a prosecution for the offence came to the knowledge of an officer. The certificate of the officer as to the day on which the evidence came to the officer's knowledge is evidence of that date. S.M. 1989-90, c. 90, s. 40 ; S.M. 2000, c. 18, s. 14 ; S.M. 2006, c. 8, s. 10 ; S.M. 2018, c. 6, s. 81 . Appeal 24(1) Any person who is affected by an order or decision of the minister or the registrar under this Act may, within 30 days of the making of the order or decision, appeal the order or decision to the Municipal Board, and the decision of the Municipal Board, notwithstanding anything to the contrary in The Municipal Board Act , is final and not subject to further appeal. Appeal does not act as a stay 24(2) An appeal of an order or decision does not stay the order or decision, or affect the power of the minister or the registrar to take authorized steps pending the appeal. But if the appeal is successful the minister may enter into an agreement with the appellant to compensate the appellant for any loss or damage that the appellant incurred as a result of the order or decision. S.M. 2005, c. 26, s. 42 ; S.M. 2018, c. 6, s. 82 . Protection from liability 24.1 No action or proceeding may be brought against an officer or any other person acting under authority of this Act for anything done, or not done, or for any neglect, (a) in the performance or intended performance of a duty under this Act; or (b) in the exercise or intended exercise of a power under this Act; unless the person was acting in bad faith. S.M. 2006, c. 8, s. 11 . Crown bound 25 The Crown is bound by this Act. Water Resources Conservation Act takes precedence 25.1 This Act is subject to the provisions of The Water Resources Conservation Act . S.M. 2000, c. 11, s. 8 ; S.M. 2005, c. 26, s. 42 . Regulations 26 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations, (a) prescribing the information, particulars and plans to be submitted with any application for a licence or registration; (a.1) respecting the requirements under section 5.1, including (i) specifying the amounts, or the method of determining the amounts, to be paid by applicants, or (ii) the amount of wetland to be restored or enhanced by applicants; (b) respecting the duration and renewal of licences, permits and registrations and prescribing the terms and conditions to which they are subject; (c) prescribing forms for use under this Act and the information and particulars to be contained therein; (d) respecting returns, reports and statements to be submitted by licensees and permittees; (e) prescribing fees and charges that shall be paid in respect of applications, licences, permits and registrations; (f) authorizing the establishment or placing or construction of devices for computing or measuring the volume and discharge of water in any place; (g) respecting the approval and inspection of works and water control works; (h) respecting the use and disposition of water by licensees; (i) respecting the measurement of water generally; (j) regulating the passage of logs, timber and other products of the forest through waters and through or over works; (k) regulating the water rates that may be charged by licensees, and the publication of tariffs of rates; (l) respecting the construction of fishways to permit the free and unobstructed passage of fish up and down stream; (m) respecting the storage, pondage, regulation, diversion or utilization of water for any purpose and for the protection of any source of water; (m.1) respecting the control of water; (n) respecting the construction, maintenance, operation and purchase, and the assumption of ownership and control, of any works or water control works, as may be necessary or desirable, and for the regulation and control, in the interests of all water users, of the flow of water that may from time to time pass through, by or over the works or water control works; (o) exempting or excluding from the application of all or any part of this Act any class of works, water control works or activity; (p) defining any word or phrase that is used but not defined in this Act; (q) prescribing anything referred to in this Act as being prescribed. S.M. 2000, c. 18, s. 15 ; S.M. 2018, c. 6, s. 83 . Regulations may establish classes 26.1 A regulation under this Act may be general or particular in its application and may apply to one or more classes of persons, activities or things and to the whole or any part of the province. S.M. 2018, c. 6, s. 84 . Priority over Municipal Act 27 Where there is a conflict between this Act and The Municipal Act , this Act prevails. S.M. 2000, c. 18, s. 16 .