FAOLEX Database

Canada - Aqualex Profiles

Framework Law

The main law applicable to water resources management, which covers all of the following areas: administration; management, conservation and use of freshwater resources; water rights; waterworks; water supply
Ontario Water Resources Act (R.S.O. 1990, c. O. 40).
Date of original text: 10 August 1990 (2020)
Water Protection Act (C.C.S.M. c. W65).
Date of original text: 16 June 2005 (2020)
Water Act (RSA 2000, c. W-3).
Date of original text: 10 August 1996 (2014)

Constitutional provisions

Constitution Act, 1982.
Date of text: 17 April 1982

Right to water: No provisions regarding the right to water.

Natural resources: All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of Canada, Nova Scotia, and New Brunswick at the Union, and all Sums then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province in the same. In each province, the legislature may exclusively make laws in relation to (a) exploration for non-renewable natural resources in the province; (b) development, conservation and management of non-renewable natural resources and forestry resources in the province, including laws in relation to the rate of primary production therefrom; and (c) development, conservation and management of sites and facilities in the province for the generation and production of electrical energy. The Third Schedule to the Constitution lays down the list of provincial public works and property to be the property of Canda; this includes: canals, with land and water power connected therewith; public harbours; rivers and lake improvements.

Agriculture

Water used for irrigation, forestry and aquaculture
Experimental Lakes Area Research Activities Regulations (S.O.R./2014-95).
Date of text: 17 April 2014
Regulations Establishing Conditions for Making Regulations Under Subsection 36(5.2) of the Fisheries Act (S.O.R/2014-91).
Date of text: 11 April 2014
Order Designating the Minister of the Environment as the Minister Responsible for the Administration and Enforcement of Subsections 36(3) to (6) of the Fisheries Act (S.I./2014-21).
Date of text: 10 August 2020

Water Supply and Sanitation

Provision of water services by public utilities or commercial organizations; water supply for domestic, industrial or other purposes; right to safe and clean drinking water and basic sanitation; quality of piped water; sewerage
Dominion Water Power Act (R.S.C. 1985, c. W-4).
Date of original text: 10 August 1985 (2019)
Canada Strategic Infrastructure Fund Act (S.C. 2002, c. 9, s. 47).
Date of text: 27 March 2002
Dominion Water Power Regulations (C.R.C., c. 1603).
Date of original text: 10 August 2020 (2019)

Governance

The political, social, economic and administrative systems that govern water management and conservation; good practices; good governance; decentralization; water user’s associations
Nunavut Waters and Nunavut Surface Rights Tribunal Act (S.C. 2002, c. 10).
Date of original text: 30 April 2002 (2016)
Canada Water Act (R.S.C. 1985, c. C-11).
Date of original text: 10 August 1985 (2014)
Mackenzie Valley Resource Management Act (S.C. 1998, c. 25).
Date of original text: 18 June 1998 (2017)

Infrastructure

Waterworks; water supply systems; dams; hydropower systems; irrigation systems
International River Improvements Act (R.S.C. 1985, c. I-20).
Date of original text: 10 August 1985 (2017)
Navigation Protection Act (R.S.C. 1985, c. N-22).
Date of original text: 10 August 1985 (2017)
Dry Docks Subsidies Act (R.S.C., 1985, c. D-4).
Date of original text: 10 August 1985 (2011)

Water Resources Management and Water Rights

Ownership and control of water resources; abstraction and diversion of water; allocation and quotas; riparian rights; priority of rights; free water use
Railway Belt Water Act (R.S.C. 1927, c. 211).
Date of original text: 10 August 2020 (2019)
Mackenzie Valley Resource Management Act (S.C. 1998, c. 25).
Date of original text: 18 June 1998 (2017)
International Boundary Waters Treaty Act (R.S.C. 1985, c. I-17).
Date of original text: 10 August 1985 (2014)

Water and Environment

Water in environmentally-sensitive areas; ‘water demand’ by ecosystems; protection forests; water conservation zones; environmental impact assessment
Canada Water Act (R.S.C. 1985, c. C-11).
Date of original text: 10 August 1985 (2014)
Groundwater Protection Regulation (B.C. Reg, 39/2016).
Date of text: 29 February 2016
Anchorage Regulations (SOR/88-101).
Date of original text: 14 January 1988 (2007)

Water Quality and Pollution Control

Control of pollution and quality of freshwater bodies and groundwater; agricultural point and non-point sources of pollution; water quality standards
Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act (S.C. 1986, c. 23).
Date of text: 17 June 1986
Wastewater Systems Effluent Regulations (SOR/2012-139).
Date of original text: 29 June 2012 (2015)
Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations (SOR/92-267).
Date of text: 07 May 1992

Groundwater

Freshwater resources located below the surface of the earth; aquifers; groundwater abstraction; well-sinking; boreholes; hydrogeology
Groundwater Protection Regulation (B.C. Reg, 39/2016).
Date of text: 29 February 2016
Clean Water Act, 2006 (S.O. 2006, c. 22).
Date of original text: 19 October 2006 (2020)
Water Act ([RSBC 1996] Chapter 483).
Date of original text: 30 November 1939 (2016)

Disaster Resilience

Water-related hazards; flood; drought; water shortage; adaptation to climate change; early warning system/emergency intervention system
York Factory First Nation Flooded Land Act (S.C .1997, c. 28)
Date of text: 25 April 1997
Regulation respecting petroleum exploration, production and storage in a body of water.
Date of original text: 10 August 2020 (2019)
Agreement between the Government of Canada and the Government of the United States of America for water supply and flood control in the Souris river basin.
Date of text: 10 August 1989

Transboundary Waters

Transboundary effects; international basin institutions; international agreements; transboundary coordination; transboundary aquifers
International Boundary Waters Treaty Act (R.S.C. 1985, c. I-17).
Date of original text: 10 August 1985 (2014)
Safe Containers Convention Act (R.S.C. 1985, c. S-1).
Date of text: 10 August 1985
International Boundary Waters Regulations (SOR/2002-445).
Date of text: 05 December 2002

Policies

Strategy on Zero Plastic Waste 2018.
Date of text: 23 November 2018
Federal Sustainable Development Strategy for Canada 2016–2019.
Date of text: 10 August 2020
Federal Water Policy.
Date of text: 10 August 1987
Policy for the Management of Fish Habitat.
Date of text: 10 August 1986

Main basins

Columbia
Connecticut
Fraser
Lynn Canal
Mississippi
Nelson-Saskatchewan
Red River (USA)
St. Croix
St. John (North America)
St. Lawrence
Stikine
Yukon
Souris
Alesek
Chilkat
Firth
Taku
Whiting