19. The dam failure consequence category shall be determined by the Minister prior to authorization for the construction of a dam, subject to the special provisions in section 74 relating to existing dams.
The category determined under the first paragraph shall be reviewed in the following circumstances:
(1) following a dam safety review;
(2) prior to authorization for the permanent or temporary stopping of the operation of the dam, such as results on full seasonal opening of the dam’s discharge facilities; and
(3) prior to authorization for the structural alteration of a dam or a change in use likely to affect its safety, including changes involving putting a dam back into operation or partially stopping its operation, where carrying out the project for which the authorization is sought would enlarge the area that would be affected by a dam failure.
However, a dam owner may at any time apply to the Minister for a review of the dam failure consequence category of the dam, with the supporting dam failure analysis, rough maps or characterization required under section 18 for the consequence category the owner believes is applicable to the structure.
O.C. 300-2002, s. 19; O.C. 17-2005, s. 3.