Marginal note:Prohibition

9. Except in quantities and under conditions prescribed with respect to waste disposal in the water quality management area in question, including the payment of any effluent discharge fee prescribed therefor, no person shall deposit or permit the deposit of waste of any type in any waters composing a water quality management area designated pursuant to section 11 or 13, or in any place under any conditions where the waste or any other waste that results from the deposit of the waste may enter any such waters.

Marginal note:Application of section 9

10. Section 9 is not applicable in respect of a water quality management area designated pursuant to section 11 or 13 until a proclamation has been issued declaring it to be applicable in respect of that area.

Marginal note:Federal-provincial agreements

• 11. (1) The Minister may, with the approval of the Governor in Council, enter into agreements with one or more provincial governments that have an interest in the water quality management of

  • (a) any federal waters; or

  • (b) any waters, other than federal waters, the water quality management of which has become a matter of urgent national concern.

• Marginal note:Object of agreements

  (2) An agreement referred to in subsection (1) shall

  • (a) designate the waters to which the agreement relates as a water quality management area;

  • (b) provide for water quality management programs in respect of those waters; and

  • (c) authorize the Minister, jointly with such one or more provincial governments, to procure the incorporation of a corporation without share capital, or to name an existing corporation that is an agent of Her Majesty in right of Canada or a province or that performs any function or duty on behalf of the Government of Canada or the government of a province, as a water quality management agency to plan, initiate and carry out, in conjunction with the Minister and the provincial government or governments referred to in subsection (1), programs described in section 15 in respect of the waters described in that subsection.

Marginal note:Matters to be specified in agreements

• 12. (1) Where, pursuant to section 11, the Minister enters into an agreement with one or more provincial governments, the agreement shall, where applicable, in respect of each water quality management program that is the subject of the agreement, specify

  • (a) the responsibilities of the Minister and the provincial government or governments and the times at which and the manner in which those responsibilities are to be undertaken;

  • (b) the proportions of the capital cost of the respective parts of the program that are to be paid by the Minister and the provincial government or governments and the times at which amounts representing those proportions are to be paid;

  • (c) the loans or contributions to be made or paid by the Minister and the provincial government or governments in respect of the cost of incorporation and operating expenses of the agency that is to undertake the program, the loans to be made by the Minister and that government or those governments in respect of capital costs incurred by that agency and the times at which those loans or contributions are to be made or paid;

  • (d) the labour, land and materials that are to be supplied by the Minister and the provincial government or governments to the agency referred to in paragraph (c);

  • (e) the proportions in which any compensation awarded or agreed to be paid to any body or person suffering loss as a result of the program is to be paid by the Minister and the provincial government or governments; and

  • (f) the terms and conditions relating to the undertaking, operation and maintenance of the program by the agency referred to in paragraph (c).

• Marginal note:Termination of agreement

  (2) An agreement entered into pursuant to section 11 shall provide that it may be terminated, on six months written notice by any party to the agreement to all other parties thereto or on such lesser notice as may be agreed on by all the parties, and that on the expiration of the time fixed by the notice for the termination of the agreement any agency incorporated thereunder shall be wound up.

• Marginal note:Provisions to be included in agreements

  (3) An agreement entered into pursuant to section 11 shall, in respect of the agency the incorporation of which is thereby authorized to be procured, if any, provide for

  • (a) the proposed corporate name of the agency;

  • (b) the place within the water quality management area designated in the agreement where the head office of the agency is to be situated;

  • (c) the members of the agency that are to be appointed by the Minister and the provincial government or governments that are parties to the agreement and the terms and conditions of the appointments;

  • (d) the proposed by-laws of the agency; and

  • (e) the matters set out in paragraphs 8(2)(b) and (d) to (f).