Section 1 (1) definition of "agricultural land reserve" BEFORE amended by 2018-56-54(a), effective February 22, 2019 (BC Reg 30/2019).
"agricultural land reserve" has the same meaning as in section 1 (1) [definitions] of the Agricultural Land Commission Act;
Section 1 (1) definition of "qualifying agricultural land", paragraph (a) BEFORE amended by 2018-56-54(b), effective February 22, 2019 (BC Reg 30/2019).
Section 1 (1) definition of "public personal information", paragraphs (a) and (b) BEFORE amended by 2023-10-1162, effective March 30, 2023 (Royal Assent).
(a) the name, address, telephone number and other personal information of a subscriber that appears in a telephone directory, in either printed or electronic form, or is available through a directory assistance service, if
(i) the directory or the directory assistance service is available to the public, and
(ii) the subscriber is permitted to refuse to have his or her personal information included in the directory or made available by the directory assistance service;
(b) personal information that appears in a professional or business directory, listing or notice that is available to the public, if the individual is permitted to refuse to have his or her personal information included in the directory, listing or notice;
Section 1 (1), definition of "well", paragraph (h) BEFORE amended by 2022-42-60,Sch 1, effective September 1, 2023 (BC Reg 187/2023).
(h) an artificial opening, other than a water source well, to which the Geothermal Resources Act or the Oil and Gas Activities Act applies, or
Section 20 (3) (part) BEFORE amended by 2023-10-1163, effective March 30, 2023 (Royal Assent).
(3) The decision maker must ensure that every authorization that he or she issues
Section 21 (1) (part) BEFORE amended by 2023-10-1164, effective March 30, 2023 (Royal Assent).
(1) On application under section 12 [application and decision maker initiative procedures], or on his or her own initiative, the comptroller or a water manager may issue to the holder of a conditional licence a final licence authorizing the diversion or use of the quantity of water that the decision maker determines to have been beneficially used for the water uses purposes authorized under, and during the term of, the conditional licence, when
Section 26 (1) (part) BEFORE amended by 2023-10-1164, effective March 30, 2023 (Royal Assent).
(1) On application by the holder in accordance with section 12 [application and decision maker initiative procedures], or on his or her own initiative, the comptroller or a water manager may amend an authorization and a permit issued in relation to the authorization, and the comptroller, a water manager or an engineer may amend a change approval and a permit issued in relation to the change approval, to do any of the following:
Section 27 (3) BEFORE amended by 2023-10-1165, effective March 30, 2023 (Royal Assent).
(3) Except in relation to a licence required to be registered under the Water Protection Act, a decision maker must not exercise his or her discretion under subsection (1) of this section to determine an appurtenancy that is not in British Columbia.
Section 28 (1) BEFORE amended by 2023-10-1164, effective March 30, 2023 (Royal Assent).
(1) If the land to which a licence, or a permit issued in relation to the licence, is appurtenant consists of more than one parcel owned by different persons, on application by an owner of a parcel of that land in accordance with section 12 [application and decision maker initiative procedures], or on his or her own initiative, the comptroller or a water manager may apportion among the owners of the parcels the rights granted and duties imposed under the licence or permit.
Section 33 (2) (b) (iii) BEFORE amended by 2016-4-11, effective September 1, 2016 (BC Reg 191/2016).
(iii) an affidavit proving the payment of the compensation to the comptroller and the failure of the owner to execute the conveyance or instrument, and
Section 48 (1) definition of "professional" BEFORE amended by 2022-19-65, effective June 2, 2022 (Royal Assent).
"professional" means
(a) a professional engineer, or a professional geoscientist, who is registered or licensed under the Engineers and Geoscientists Act, or
(b) a holder of a limited licence under the Engineers and Geoscientists Act acting within the scope of the limited licence;
Section 62 (7) BEFORE amended by 2023-10-1166, effective March 30, 2023 (Royal Assent).
(7) On application under section 12 or on his or her own initiative, the comptroller, a water manager or an engineer, subject to prescribed terms and conditions and on the terms and conditions the decision maker considers advisable, may amend a drilling authorization.
Section 86 (1) BEFORE amended by 2023-10-1167, effective March 30, 2023 (Royal Assent).
(1) If the minister considers that one or more streams in an area have fallen or are at risk of falling below their critical environmental flow thresholds, the minster may make a temporary order declaring a significant water shortage in the area designated in the order.
Section 91 (6) BEFORE amended by 2023-10-1168, effective March 30, 2023 (Royal Assent).
(6) A person authorized by the comptroller under this section may enter onto land or premises at any reasonable time and the person may take with him or her any other persons or equipment as may be necessary for the purpose of doing the things that person is authorized to do.
Section 94 (3) BEFORE amended by 2020-14-31(a), effective August 14, 2020 (Royal Assent).
(3) If the decision maker proposes to cancel an authorization, change approval, permit or drilling authorization that is appurtenant to land, the decision maker must give notice of the proposal to cancel the authorization, change approval, permit or drilling authorization as follows:
(a) unless paragraph (b) applies, in writing to every person who has notified the comptroller or a water manager that the person has an interest in the land;
(b) if the land comprises more than 6 parcels, by publication of at least one insertion each week for 3 consecutive weeks in a newspaper that circulates in the area in which the land is located.
Section 94 (5) BEFORE amended by 2020-14-31(b), effective August 14, 2020 (Royal Assent).
(5) If, within 30 days after delivering a notice under subsection (2), (3) (a) or (4), or the last publication of a notice under subsection (3) (b), as applicable, an objection to the proposed suspension or cancellation is filed with the decision maker by a person claiming a legal or beneficial interest in the authorization, change approval, permit or drilling authorization, the decision maker must decide whether the objection warrants a hearing and if the decision maker decides to hold a hearing orally, either in person or electronically, sections 95 to 97 apply.
Section 95 (1) BEFORE amended by 2023-10-1169, effective March 30, 2023 (Royal Assent).
(1) If it appears to the comptroller, a water manager or an engineer that the proper determination of a matter within his or her jurisdiction requires a public or other inquiry or hearing, the comptroller, water manager or engineer, as applicable, may hold that inquiry or hearing.
Section 105 (4) BEFORE re-enacted by 2015-10-192, effective December 18, 2015 (BC Reg 240/2015).
(4) An appeal under this section must
(a) be commenced by notice of appeal in accordance with the practice, procedure and forms prescribed by regulation under the Environmental Management Act, and
(b) subject to this Act, be conducted in accordance with the Environmental Management Act and the regulations under that Act.
Section 105 (7) BEFORE repealed by 2015-10-192, effective December 18, 2015 (BC Reg 240/2015).
(7) An appeal does not act as a stay or suspend the operation of the order being appealed unless the appeal board orders otherwise.
Section 105 (1) (d) BEFORE amended by 2023-10-1170, effective March 30, 2023 (Royal Assent).
(d) the holder of an authorization, a riparian owner or an applicant for an authorization who considers that his or her rights are or will be prejudiced by the order.
Section 106 (2) (b) (iii) BEFORE amended by 2016-5-48,Sch 10, effective March 10, 2016 (Royal Assent).
(iii) willfully destroys, damages or interferes with the works of an authorization holder, a change approval holder, a person who holds a drilling authorization or a person who is authorized to construct and has constructed works in accordance with the regulations,
Section 106 (2) (c) BEFORE amended by 2016-5-48,Sch 10, effective March 10, 2016 (Royal Assent).
(c) willfully destroys a notice posted by an applicant, an engineer, an officer or a water bailiff;
Section 106 (5) (o) BEFORE amended by 2016-5-48,Sch 10, effective March 10, 2016 (Royal Assent).
(o) contravenes, other than willfully, an order of the comptroller, a water manager or an engineer whether given directly or through an officer or a water bailiff;
Section 106 (4) (m) BEFORE amended by 2018-39-27, effective October 31, 2018 (Royal Assent).
(m) fails to pay amounts owing under section 38 (4) [appointment of water bailiffs] by the person to a water bailiff in the amount or at the time specified under that section;
Section 106 (3) (p) BEFORE amended by 2020-14-32(b), effective August 14, 2020 (Royal Assent).
(p) contravenes section 29 (2) [rights and responsibilities of applicants and holders] by failing to construct, operate, inspect, maintain or repair works as required by that section;
Section 106 (4) (k) BEFORE amended by 2020-14-32(c), effective August 14, 2020 (Royal Assent).
(k) fails to comply with the terms and conditions of an order for joint use of works under section 36;
Section 106 (4) (q) (ii) BEFORE amended by 2020-14-32(d), effective August 14, 2020 (Royal Assent).
(ii) installing, maintaining, repairing, removing or testing a well pump or wellhead, conducting a flow test of a well or disinfecting a well or well pump;
Section 107 (1) (i) and (j) BEFORE amended by 2016-5-48,Sch 10, effective March 10, 2016 (Royal Assent).
(i) willfully contravenes an order of the comptroller, a water manager or an engineer, whether given directly or through an officer or a water bailiff;
(j) willfully interferes with any works in respect of which the comptroller, a water manager, an engineer, an officer or a water bailiff has taken action.