C-5914470-71Elizabeth II – 1-2 Charles III2021-2022-2023-2024An Act respecting the Canada Water AgencyCanada Water Agency ActCanada Water Agency Act202410

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C-11.00115, s. 2092024[Enacted by section 209 of chapter 15 of the Statutes of Canada, 2024, in force October 15, 2024, see SI/2024-49.]PreambleWhereas the Government of Canada recognizes the importance of taking action to respond to the growing challenges threatening the health and sustainable management of freshwater ecosystems;Whereas the Government of Canada wishes to foster collaboration with respect to freshwater issues;Whereas the Government of Canada wishes to contribute to the protection, conservation and restoration of the quality of fresh water and the health of freshwater ecosystems in Canada and to take other collaborative measures, including the development of policy and the promotion of sound governance with respect to fresh water, as well as the improvement of the ease of access to and use of relevant data;Whereas the Government of Canada recognizes the importance of relying on scientific knowledge related to fresh water and of relying, through cooperation with the Indigenous peoples of Canada, on Indigenous knowledge related to fresh water;Whereas the Government of Canada wishes to coordinate federal policies and programs with respect to freshwater issues;Whereas the Government of Canada is committed, in the course of exercising and performing its powers, duties and functions with respect to fresh water, to fostering reconciliation with the Indigenous peoples of Canada and to ensuring respect for their rights recognized and affirmed under section 35 of the Constitution Act, 1982;Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;Whereas the Government of Canada is committed to promoting cooperation with respect to freshwater issues with provincial and territorial governments and the Indigenous peoples of Canada;Whereas the Government of Canada wishes to promote cooperation with respect to freshwater issues with foreign governments, international organizations and interested persons and organizations;And whereas the Government of Canada considers that the creation of the Canada Water Agency will contribute to the coordination of federal efforts to promote sustainable freshwater management;Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short Title

Short title1This Act may be cited as the Canada Water Agency Act.

Definitions

Definitions2The following definitions apply in this Act.Agency means the Canada Water Agency established by section 3. (Agence)Minister means the Minister of the Environment. (ministre)President means the President of the Agency appointed under section 7. (président)

Canada Water Agency

Establishment3The Canada Water Agency is established for the purpose of assisting the Minister in exercising or performing the Minister’s powers, duties and functions in relation to fresh water under any Act of Parliament, including the Department of the Environment Act and the Canada Water Act.

Head office4The head office of the Agency is to be at a place in Canada that is designated by the Governor in Council.

Minister to preside5The Minister presides over the Agency and has the management and direction of it.

Delegation to Agency6(1)The Minister may, subject to any terms and conditions that the Minister specifies, delegate to an officer or employee of the Agency any power, duty or function that the Minister is authorized to exercise or perform under any Act of Parliament in relation to fresh water.Restriction(2)However, the Minister is not authorized to delegate a power to make regulations or a power to delegate under subsection (1).

President

Appointment7The President of the Agency is to be appointed by the Governor in Council to hold office during pleasure for a renewable term of up to five years.

Chief executive officer8The President is the chief executive officer of the Agency and has the rank and status of a deputy head of a department.

Remuneration9The President is to be paid the remuneration fixed by the Governor in Council.

General Provisions

Officers and employees10The officers and employees necessary for the proper conduct of the work of the Agency are to be appointed in accordance with the Public Service Employment Act.

Other government services and facilities11(1)A department, board or agency of the Government of Canada may provide to the Agency services and facilities that are necessary for carrying out the Agency’s purpose.Use of services and facilities(2)In exercising its powers and performing its duties and functions, the Agency must, where appropriate, make use of those services and facilities.

Provision of services and facilities12The Agency may provide services and facilities to departments, boards and agencies of the Government of Canada.

Committees13(1)The Minister may establish advisory committees in relation to fresh water and provide for their membership, duties, functions and operation.Remuneration(2)The Minister may fix the remuneration that members of a committee are to be paid for the performance of their duties and functions.Reimbursement(3)The Minister may determine whether members of a committee are to be reimbursed for the travel, living and other expenses incurred in the performance of their duties and functions while absent from their ordinary place of residence. Any such reimbursement is to be paid in accordance with Treasury Board directives.

Transitional Provisions

Definitions14The following definitions apply in sections 15 to 18.former agency means the portion of the federal public administration, within the Department of the Environment, known as the Canada Water Agency. (ancienne agence)new agency means the Canada Water Agency established by section 3. (nouvelle agence)

Position15(1)Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former agency, except that the employee, on that coming into force, is to occupy that position in the new agency.Definition of employee(2)In subsection (1), employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Appropriations16Any amount that is appropriated by an Act of Parliament, for the fiscal year in which this section comes into force, to defray the expenditures of the former agency and that is unexpended on the day on which this section comes into force is deemed to be an amount appropriated to defray the expenditures of the new agency.

Transfer of powers, duties and functions17Any power, duty or function that is exercisable by an officer or employee of the former agency under any Act, order, rule or regulation or under any contract, lease, licence or other document, is to be exercised by the appropriate officer or employee of the new agency.

Clarification18For greater certainty, the powers, duties and functions referred to in section 17 include those related to the administration, in whole or in part, of any contract, lease, licence or other document that relates to the activities, management or operation of the former agency.

SI/2024-492024-10-15