The provincial governments and the Yukon have the primary jurisdiction over most areas of water management and protection. The federal government has responsibilites for managing water in Nunavut and the Northwest Territories.
In many cases provincial authority for certain aspects of water regulation have been delegated to municipalities, especially the drinking water treatment and distribution and wastewater treatment operations of urban areas. Some water resource management functions may also be delegated to local authorities that may be responsible for a particular area or river basin.
Major uses of water in Canada are generally permitted or licensed under provincial water management authorities. Licensing of the water withdrawal from a source that originates and stays within a province falls under the constitutional authority of that province. Licensing requirements for a water withdrawal vary from province to province and the provincial agencies responsible for licensing should be contacted.
Approval under various federal and provincial regulatory acts is required prior to undertaking construction activities in any water body or diverting surface or groundwater for use.
All provinces also have acts and regulations that address water quality issues. The regulations relate to water and sewage treatment, well construction and testing, protection of watersheds, alteration to water courses, wetland protection and drainage activities. There are also regulations on other activities that, although not directly connected to water, can have an impact on water quality (e.g. storage of pesticides, fuels, manure etc).
The following menu links to information on the typical responsibilities of key provincial government departments and to provincial information on legislation, and the licensing and approval process.
Similar to the federal government, there are many provincial departments and agencies that have some vested interest or are involved in water management activities. As well, the primary responsibilities for water resource management typically rest within key provincial departments: environment, health, natural resources, agriculture, and water/watershed agencies.
In the early 1970's the provinces
responded to increased
public
concern for the environment and the creation of the federal Environment
Canada in 1971, by creating their own ministries of the environment.
Today the provincial environment departments play a critical role in protection of water resources and granting water licenses in some provinces. The provision of safe drinking water supplies is delegated to local municipal governments but provincial Environment departments retain the legislative responsibility to ensure that local municipalities (including towns and cities) deliver safe drinking water to citizens.
Acts and Regulations
Alberta Environment is responsible for the management and protection of Alberta's water and ensuring that development occurs in a responsible manner under the legislative authority of the Water Act and the Environmental Protection and Enhancement Act. The department's Legislation and Legislation (drinking water) webpages provide additional information on water-related Regulations, Standards and Guidelines, Codes of Practice and links to the water allocation and licensing process.
Some of the main provincial water-related legislation includes:
Licensing
Alberta Environment is primarily responsible for water allocation and licensing as described on its Water Act: Allocation of Water and Water Allocation webpages.The relative amounts of river basin water that have been allocated to a type of use, is provided on the Sector Water Allocations webpage.
Water management is the responsibility of the Water Stewardship Division of the Ministry of the Environment. An overview and access to the provincial water legislation is provided on it's Water Rights and Legislation webpage.
Some of the main provincial water-related legislation includes:Acts and Regulations
Manitoba Water Stewardship is responsible for regulating water activities including water quality, fisheries, groundwater and water use and licensing. The legislation under the department's authority is detailed on its Acts and Regulations webpage.Manitoba Water Stewardship is responsible for water allocation and licensing. Information on licensing of water use, control works and drainage is provided on the departments's Licensing, Regulation and Policy webpage.
The Department of the Environment is responsible for the regulation of water activities under the authority of The Clean Water Act. A description of all the legislation administered by the department is provided on the their An overview of Legislation- Department of Environment webpage.
A list of Acts administered by the various government departments can be accessed on the Attorney General's List of Acts by Department webpage.
The federal Crown has ownership of the water and natural resources in the Northwest Territories. The federal Aboriginal Affairs and Northern Development Canada (AANDC) has responsibility for managing and regulating the water resources of the Northwest Territories (NWT). The applicable legislation is described on the department's Water Management webpage.
Some of the main water legislation includes:
Licensing
A number of water boards are responsible for issuing water use licenses in various areas of NWT. These Boards were created under the Northwest Territories Waters Act (1992) and Mackenzie Valley Resource Management Act (1998).Acts and Regulations
Management of the province's water resources is primarily under the authority of Nova Scotia Environment. Legislation under its authority is provided on the Legislation webpage.
Some of the main provincial water-related legislation includes:
Information on water use licensing is provided on Nova Scotia Environment's Application Requirements For Water Withdrawal Approvals webpage.
The federal Crown has ownership of the water and natural resources in the Northwest Territories (NWT). The federal Aboriginal Affairs and Northern Development Canada (AANDC) has responsibility for managing and regulating the water resources of the NWT. The applicable legislation is described on the department's Water Management webpage.
Some of the main water legislation includes:
Licensing
The Nunavut Water Board (NWB) is an Institution of of Public Government that operates at arm's length from government and has responsibilities and powers over the management, use and regulation of inland water in the Nunavut Settlement Area. Its powers and responsibilities are described on the Board's Legislation webpage. Water licensing information is available on the License Application webpage.
The Ontario Ministry of the Environment is responsible for the protection of drinking water and fresh water resources in Ontario and the legislation that falls under its authority is described on its Legislation webpage.
The Ontario Ministry of Natural Resources is responsible for the management of the provincial water resources under the authority described on its Legislation, Regulations and Provincial Policies webpage.The Department of Environment, Energy and Forestry is responsible for the management and protection of the province's water resources (drinking water, ground water, inland surface water and coastal estuaries) under the authority of the legislation described on its Legislation webpage.
Some of the main provincial water-related legislation includes:Water licensing information is described on the Licences and Permits webpage of The Department of Environment, Energy and Forestry.
Ministries
The Saskatchewan Watershed Authority leads the management of the provinces water resources under the authority of the Saskatchewan Watershed Authority Act, 2005.
Some of the other main provincial water-related legislation includes:
The above legislation can be accessed from the Freelaw Publications webpage of the Queens Printer.
LicensingThe Saskatchewan Watershed Authority is responsible for approving and licensing water use projects. The applicable forms can be accessed on their Regulatory Forms webpage.
The Water Resources webpage of Environment Yukon details the legislation that guides water use and deposition of waste. The legislation can be accessed from the Department of Justice Acts and Regulations webpage and the Government of Yukon Welcome to the Yukon Legislation Website.
Some of the territorial water related legislation includes:
Licensing
The Yukon Water Board, an independent administrative tribunal established under the Waters Act (2003), is responsible for allocation and licensing water use and deposition of waste into water. Information on licensing is available on the Board's Policy, Rules, Guidelines, Info. Sheets & Compensation webpage.