S-3.1.01, r. 1 - Dam Safety Regulation

Section 77 Disposition versions

2023-07-06

77. The owner of a newly listed dam or a dam newly classified as a high-capacity dam shall, within the earlier of the following time limits, prepare an emergency action plan pursuant to Subdivision 2 of Division III of Chapter III if such a plan is required under that subdivision for the dam in question:

(1)  the time limit applicable to the dam under section 78; and

(2)  prior to authorization for

(a)  a structural alteration to the dam if it affects all the parts of the dam or, because of the scope of the work, the structural alteration is equivalent to reconstructing the dam; or

(b)  any change in use likely to affect dam safety, in particular a change involving putting the dam back into operation or partially stopping its operation.

The owner must also, as soon as possible after the emergency action plan is drawn up, send the plan or a summary of the plan to the local municipality within whose territory the dam is located or, in the case of an unorganized territory, to the competent regional authority or the Minister of Public Security, in accordance with section 39.

A notice stating that an emergency action plan has been drawn up and indicating the authority to which the plan or a summary of the plan has been sent in accordance with the second paragraph must be appended either to the first dam safety review or to the application for authorization referred to in subparagraph 2 of the first paragraph.

O.C. 300-2002, s. 77; O.C. 17-2005, s. 17; O.C. 989-2023, s. 54.

2012-09-01

77. The owner of an existing dam shall, within the earlier of the following time limits, prepare an emergency action plan pursuant to Subdivision 2 of Division III of Chapter III if such a plan is required under that subdivision for the dam in question:

(1)  the time limit applicable to the dam under section 78; and

(2)  prior to authorization for

(a)  a structural alteration to the dam if it affects all the parts of the structure or, because of the scope of the work, the structural alteration is equivalent to reconstructing the dam; or

(b)  any change in use likely to affect dam safety, in particular a change involving putting the dam back into operation or partially stopping its operation.

The owner shall also send a plan summary that complies with the second paragraph of section 39 to the local municipality within whose territory the dam is located as soon as possible after the preparation of the plan. The Minister must be notified that the plan has been sent.

Notwithstanding the foregoing, a preliminary emergency action plan that includes rough inundation maps must be prepared within 12 months following the date of coming into force of the Act for every dam covered by this section. The plan must contain a brief summary of the information referred to in section 35, if it is available at the time. A preliminary plan summary must be sent to the local municipality within whose territory the dam is located and the Minister notified thereof.

O.C. 300-2002, s. 77; O.C. 17-2005, s. 17.