NLR 60/16 - Water Use Charges Regulations under the Water Resources Act

NEWFOUNDLAND AND LABRADOR REGULATION 60/16 Water Use Charges Regulations under the Water Resources Act (O.C. 2016-207) Amended by: 61/18 58/20 67/21 NEWFOUNDLAND AND LABRADOR REGULATION 60/16 Water Use Charges Regulations under the Water Resources Act (O.C. 2016-207) (Filed September 29, 2016) Under the authority of sections 29 and 64 of the Water Resources Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, September 28, 2016. Bernard M. Coffey, Q.C. Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definition 3. Water use charges 3.1 Waiver and deferral 3.2 Waiver and refund 4. Commencement Schedule Short title 1. These regulations may be cited as the Water Use Charges Regulations . 60/16 s1 Back to Top Definition 2. In these regulations, "water use licence" means a licence to divert or use water for commercial or industrial purposes issued under the Water Resources Act. 60/16 s2 Back to Top Water use charges 3. (1) The annual water use charges for a water use licence are prescribed in the Schedule. (2) On January 1 of each year during the term of a water use licence the annual charges prescribed in the Schedule shall be adjusted based on the percentage change, rounded to 2 decimal places, in relation to the preceding year, in the All-items Consumer Price Index for Canada as published under the Statistics Act (Canada). (3) For the purposes of subsection (2), the All-items Consumer Price Index for Canada for a year is the annual average calculated from the monthly indexes for the 12 month period ending September 30 of the preceding year. 60/16 s3 Back to Top Waiver and deferral 3.1 (1) Water use charges invoiced during the fiscal year 2020-2021 shall be waived for the following industries: (a) aquaculture industries; (b) micro-brewery industries; (c) winery industries; and (d) mineral exploration industries. (2) For all other industries not referenced in subsection (1), payment of water use charges invoiced during the fiscal year 2020-2021 shall be deferred until March 31, 2021. 58/20 s1 Back to Top Waiver and refund 3.2 (1) Water use charges invoiced on or after April 1, 2021 and before the coming into force of these regulations shall be waived for the following industries: (a) marine aquaculture (shellfish only ); (b) water bottling and production of other water based finished products from surface and groundwater sources; (c) water bottling and production of other water based finished products from water or ice harvested from icebergs; and (d) mineral exploration. (2) Any payments made in respect of water use charges waived under subsection (1) shall be refunded. 67/21 s1 Back to Top Commencement 4. These regulations come into force on October 1, 2016. 60/16 s4 Back to Top Schedule Annual Water Use Charges Water Use Purpose Annual Water Use Charges Commercial Marine aquaculture (finfish only) $1,000 Freshwater aquaculture with cages or gear $10,000 Commercial purpose (Except water bottling and/or production of other finished water based products) $5 per 1,000 m 3 licensed and used plus $0.50 per 1,000 m 3 licensed but not used Minimum annual water use charge for a commercial entity where water is only used for non-commercial purposes $500 Industrial Industrial purpose (Except the removal or displacement of water from a body of water by accumulated or deposited tailing effluent and material) $10 per 1,000 m 3 licensed and used plus $1.00 per 1,000 m 3 licensed but not used Industrial purpose for the removal or displacement of water from a body of water by accumulated or deposited tailing effluent and material $200 per 1,000 m 3 of water removed or displaced Minimum annual water use charge for any industrial purpose (including the removal or displacement of water from a body of water) where there is no water metering equipment to measure water use $1,000 60/16 Sch ; 61/18 s1 ; 67/21 s2