Canada Water Act (R.S.C., 1985, c. C-11)

Marginal note:Federal programs respecting inter-jurisdictional waters

• 13. (1) Where the water quality management of any inter-jurisdictional waters has become a matter of urgent national concern, the Governor in Council, subject to subsection (2), may, on the recommendation of the Minister, designate those waters as a water quality management area and authorize the Minister to name an existing corporation that is an agent of Her Majesty in right of Canada, or that performs any function or duty on behalf of the Government of Canada, as a water quality management agency to plan, initiate and carry out programs described in section 15 in respect of those waters.

• Marginal note:Conditions for programs

  (2) The Governor in Council may exercise the powers referred to in subsection (1) where either

  • (a) the Governor in Council is satisfied that all reasonable efforts have been made by the Minister to reach an agreement under section 11 with the one or more provincial governments having an interest in the water quality management of the inter-jurisdictional waters in question and that those efforts have failed, or

  • (b) although an agreement was reached under section 11 in respect of those inter-jurisdictional waters and an agency was incorporated or named under the agreement, the Minister and the appropriate minister of each provincial government that was a party to the agreement disagreed with the recommendations of the agency with respect to water quality standards for those waters and were unable to agree on a joint recommendation with respect thereto and, as a result of the failure to agree, the agreement under section 11 was terminated.

• Marginal note:Programs respecting federal waters

  (3) The Governor in Council may, on the recommendation of the Minister, designate any federal waters as a water quality management area and authorize the Minister to name an existing corporation that is an agent of Her Majesty in right of Canada, or that performs any function or duty on behalf of the Government of Canada, as a water quality management agency to plan, initiate and carry out programs described in section 15 in respect of those waters.

• Marginal note:Directions

  (4) The Minister may give directions to any federal agency with respect to the implementation of any water quality management program.

Marginal note:Agent of Her Majesty

• 14. (1) A federal agency is for all purposes an agent of Her Majesty and it may exercise its powers only as an agent of Her Majesty.

• Marginal note:Contracts

  (2) A federal agency may, on behalf of Her Majesty, enter into contracts in the name of Her Majesty or in its own name.

• Marginal note:Property

  (3) Any property acquired by a federal agency is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in its own name.

• Marginal note:Proceedings

  (4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by a federal agency on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against that agency in the name of the agency in any court that would have jurisdiction if it were not an agent of Her Majesty.