C-6.2 - Act to affirm the collective nature of water resources and to promote better governance of water and associated environments

Section 8 Disposition versions

2009-06-18

8. If damage to water resources, including impairment of their physical, chemical or biological properties, ecological functions or quantitative status, is caused by a person or through a person’s fault or illegal act, the Attorney General may institute an action against that person, in the name of the State as custodian of the interests of the nation in water resources, with a view to obtaining one or more of the following:

(1)  restoration of the water resources to their original state or a state similar to their original state;

(2)  reparation through compensatory measures;

(3)  reparation by payment of compensation in a lump sum or otherwise.

For the purposes of this section, “original state” means the state of the water resources and of their ecological functions as it would have existed had the damage not occurred, determined on the basis of the best available information.

The obligation to make reparation for damage to water resources or their ecological functions caused through the fault or illegal act of two or more persons is solidary.

2009, c. 21, s. 8.