Water Stewardship

Provincial Legislation

General Scope

Water Act

The Act provides for the allocation and management of surface water  by authorizing  issuance of  water licences and approvals, creation of reserves, development of water management plans, and establishment of water user communities.  In a planning area, ground water development may be regulated by requiring drilling authorizations. The Act also sets out protective measures for wells and groundwater, and identifies offences and penalties.

Water Protection Act

The Act prohibits bulk export of water and large-scale water transfers between watersheds.

Water Utility Act  

The Act provides for regulating privately operated water systems servicing 5 or more persons or a corporation.  Operators are subject to the same duties, responsibilities and restraints that are imposed on a public utility under the Utilities Commission Act.

Dike Maintenance Act

The Act establishes the inspector of dikes to supervise the construction and maintenance of dikes and operation of dike authorities.

Drainage, Ditch and Dikes Act

This Act establishes a comprehensive scheme for the regulation and authorization of ditches, watercourses, dikes and drainages throughout the province.

Provincial Legislation

General Scope

Fish Protection Act

The Act protects fish and fish habitat by prohibiting bank-to-bank dams on 17 protected rivers; and authorizing  designation  of “sensitive streams” for fish sustainability;  provincial directives for streamside protection. and reduction in water use during periods of drought (temporary) or in accordance with a water management plan.

Drinking Water Protection Act

Administered by Local Health Authorities, the Act requires that water supply systems must provide potable water and must have construction and operating permits. It also establishes; qualification standards for operators; and requirements for emergency response, water monitoring,  water source and system assessments,  a process for preparing a drinking water protection plan, and other protective measures for drinking water supplies.

Environmental Management Act

The Act regulates industrial and municipal waste discharge, pollution, hazardous waste, and contaminated site remediation.  It also requires preparation of environmental plans for flood control, drainage, soil conservation, water resource management, waste management, and air quality management.

Park Act

The Act provides for the establishment, classification and management of provincial parks and recreation areas dedicated to preserving  the natural environment.

Forest and Range Practices Act

The Act governs how forest activities occur on Crown land; authorizes regulations that set objectives for water that must be addressed through results and strategies identified and undertaken by forest and range agreement holders.  It also provides for designation and protection of Community Watersheds and for watersheds with significant downstream fisheries values and significant watershed sensitivity.

Oil and Gas Commission Act
(Oil and Gas Activities Act)

TheActprovides for administration of oil and gas development in the province by the Oil and Gas Commission (OGC); the OGC has authority to issue water approvals under the Water Act associated with oil and gas activity. It is anticipated that a new Oil and Gas Activities Act will replace OGC Act.

Environmental Assessment Act

The Act establishes an environmental assessment process for the province and requires an environmental assessment certificate before a major project can be constructed. Hydroelectric power projects with the capacity to produce 50 Megawatts or more are subject to review under this legislation as are certain major relating to dams, dykes, water diversion, ground water extraction and shoreline modification.

Local Government Legislation

Community Charter

The Act provides a legal framework for municipalities to identify and meet community needs.  Of particular significance in relation to water management is the authority to establish bylaws in “spheres of concurrent authority” such as protection of the natural environment and protection of public health.

Local Government Act

The Act sets out the corporate authority of various types of local governments (municipalities, regional districts, improvement districts, etc.). From the perspective of water management, of greatest significance are powers and responsibilities relating to land use, growth, infrastructure (e.g. storm water management), works, and similar matters.

Fisheries Act

The federal government has ultimate authority over fish and fish habitat through the Fisheries Act.  Water quality is protected through provisions providing for the prevention of the pollution of waters inhabited by fish.

Navigable Waters Protection Act

The Act protects the public right to marine navigation and protects the safety of mariners and the marine environment (includes freshwater).

International Boundary Waters Treaty Act

The Act provides for the protection of international waterways by requiring a licence to obstruct or divert boundary waters.

Canadian Environmental Assessment Act

The Act provides for environmental assessment of projects where the proposed project is on federal land (e.g. Indian Reserve); under federal sponsorship and a federal act applies (e.g. the Navigable Waters Protection Act).

Canadian Environmental Protection Act

The Canadian Environmental Protection Act, 1999 is aimed at protecting the environment and human health by managing toxic substances, marine pollution, disposal at sea and other sources of pollution. There are also provisions in the Act regarding international water pollution and the ability of the federal government to take action if the province is not addressing the issue. In the case of environmental emergencies, the provisions in the Act govern if no other federal or provincial regulations exist.

Canada Water Act

The Act provides for the cooperative management of water resources and water quality. If an agreement cannot be reached with the province, the Act provides for unilateral action by the federal government. The provisions for unilateral action are limited to federal waters and inter-jurisdictional waters of “significant national interest” or where the water quality has become a matter of “urgent national concern”.

National Parks Act

The Act provides for creating and managing national parks on federal land.