Report of the Expert Panel on Safe Drinking Water for First Nations
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Bulk Water Use
| Regulatory Requirement (Bulk Water Use) | Statute, Regulation, etc. | Section |
|---|---|---|
| Alberta | ||
| Regulated areas: Part 3, Division 1
|
Water Act, R.S.A. 2000, c. W-3 | 18-31 62-65 81-83 |
| Several regulations allocate water rights | South Saskatchewan Basin Water Allocation Regulation, Alta. Reg. 307/1991 Oldman River Basin Water Allocation Order, Alta. Reg. 319/2003 | Generally |
| British Columbia | ||
| Except for a purpose defined in s. 1 of this Act, a person who is not registered under the Water Protection Act must not divert, extract, use or store any water from a stream "Conservation purpose" means the use and storage of water or the construction of works in and about streams for the purpose of conserving fish or wildlife "Storage purpose" means the collection, impounding and conservation of water "Waterworks purpose" means the carriage or supply of water by a municipality, improvement district, development district or person for the use of the residents of an area in British Columbia |
Water Act, RSBC 1996, c. 483 | 4
1
1
1 |
| The property in and the right to the use and flow of all the water at any time in a stream in British Columbia are for all purposes vested in the government, except only in so far as private rights have been established under licences issued or approvals given under this Act; and no right to divert or use water may be acquired by prescription | Water Act | 2 |
| A licence entitles its holder to, inter alia, divert and use beneficially, for the purpose and during or within the time stipulated, the quantity of water specified in the licence; store water If diversion or use of water is required for a term < 12 months, the comptroller or a regional water manager may, without issuing a licence, grant an approval in writing, approving the diversion or use of the water (with conditions), but such diversion or use are subject to the same provisions as if the approval were a licence "Quick licensing" available, under some circumstances Licences for power purposes |
Water Act | 5
8
12.1
12.2 |
| If it appears to the LGiC to be advisable, in order to enable a person to investigate the suitability of a stream for any purpose, or in order to make provision for a water supply for a waterworks, irrigation or power system or project, or for the use of the Crown for any purpose, the LGiC may order reserve all or part of the unrecorded water of the stream from being taken or used or acquired under this Act A water reservation has been created for the Nisga'a Nation |
Water Act | 44
44.1 |
| The comptroller may at any time issue to a group of 6 or more licensees a certificate of incorporation incorporating them into a water users' community with the name the comptroller considers advisable A water users' community is a public corporate body and may (a) acquire, hold and control property and licences, (b) acquire, construct, hold, maintain, improve, replace and operate works, and (c) levy assessments on its members and enforce payment of those assessments by suit in a court of competent jurisdiction |
Water Act | 51 52 |
| Minister may order the preparation of water management plans | Water Act | 62ff |
| Schedule A, together with the relevant provisions of this regulation, is established as the tariff of the fees, rentals and charges in respect of water diversions | Water Regulation, B.C. Reg. 204/88 (made under the Water Act) | 4 |
| Water vested in the government - property in and the right to the use and flow of all the water at any time in a stream in British Columbia are vested in the government, except only in so far as private rights have been established under this Act or under licences issued or approvals given under the Water Act B.C. water removal restriction – removal of water from B.C. severely restricted Prohibition against large scale transfers between major watersheds No further licences for B.C. water removal Exception for water to be used in transit - Nothing in this Act prohibits the removal of water from B.C. in the ordinary course of carrying the water in vehicles, vessels or aircraft for the use of persons or animals while the persons or animals are being transported in the vehicles, vessels or aircraft Register for continuing water removal |
Water Protection Act, RSBC 1996, c. 484 | 3
4, 5
6
7 8 9 |
| Manitoba | ||
Generally prohibited to
|
The Water Resources Conservation And Protection And Consequential Amendments Act, S.M. 2000, c. 11 | 2 |
| Licence required to divert water; construct, establish, operate or maintain any works; and control water or construct, establish, operate or maintain any water control works; BUT, these do not apply to a person using water for domestic purposes, where the person has lawful access to the water, or to a person who constructs a well to obtain water for domestic purposes "Domestic purposes" means the use of water, obtained from a source other than a municipal water distribution system, at a rate < 25,000 litres per day, for household and sanitary purposes, for the watering of lawns and gardens, and the watering of livestock and poultry |
Water Rights Act, C.C.S.M. c. W80 | 3 1 |
| The order of priority of the purposes for which water may be used or diverted, or works constructed, established or maintained, in accordance with this Act is as follows: 1. domestic purposes; 2. municipal purposes; 3. agricultural purposes; 4. industrial purposes; 5. irrigation purposes; 6. other purposes | Water Rights Act | 9 |
| The Minister may reserve any unlicenced water | Water Rights Act | 13(1) |
| Outlines application procedure for a licence under the Water Rights Act | Water Rights Regulation, Man. Reg. 126/87 | Generally |
| Newfoundland and Labrador | ||
| Property in and the right to the use and flow of water in a body of water in the province are for all purposes vested in the Crown A right to the permanent diversion or to the exclusive use of water shall not be acquired by a riparian owner or another person by length of use or otherwise than in accordance with this Act Bulk water export generally prohibited |
Water Resources Act, SNL 2002, W-4.01 | 9
12(1)
12(2) |
| Licence required to, inter alia, use water for a municipal, agricultural, institutional, commercial or industrial purpose | Water Resources Act |
14 |
| Priority of uses where concurrent applications: (a) domestic purposes; (b) municipal purposes; (c) agricultural purposes; (d) commercial, institutional and industrial purposes; (e) water and thermal power generation purposes First priority of use may be given to Hydro |
Water Resources Act |
15
17 |
| Minister may reserve unappropriated water | Water Resources Act |
16 |
| Royalties and water use charges | Water Resources Act |
29 |
| New Brunswick | ||
| Clean Water Act, s. 15 requires a permit for water diversion; exempt uses include the harvesting of aquatic plants or the removal of aquatic plants by physical means for recreation, navigation or gathering food and the use of aquatic plant harvesting equipment in the area of harvesting | Watercourse and Wetland Alteration Regulation, N.B. Reg. 90-80 (made under the Clean Water Act) | 3(3) |
| Northwest Territories | ||
| No relevant provisions | ||
| Nova Scotia | ||
It is generally prohibited to
|
Water Resources Protection Act, S.N.S. 2000, c. 10 | 4 |
| Nunavut | ||
| With the exception of domestic or emergency use of waters as set out in s. 5 of the Northern Inland Waters Act, no person may use water or dispose of waste into water without the approval of the Nunavut Water Board | Nunavut Land Claims Agreement | 13.7.1 |
| Ontario | ||
| No person shall take more than a total of 50,000 litres of water in a day, by means of a well or from a surface source, or by means of a structure or works for the diversion or storage of water, without a permit Where the taking of water (other than the taking of water for use for ordinary household purposes or for the watering of livestock or poultry and other than for firefighting) interferes with any public or private interest in any water, the Director may prohibit the person from so taking water without a permit issued by the Director |
Ontario Water Resources Act, R.S.O. 1990, c. O.40 | 34 |
| Matters to be considered by Director when considering an application under s. 34 of the Act on whether to cancel, amend or impose conditions on a permit to take water Notice and consultation requirements for s. 34 applications Restriction on transfer of water between basins |
Water Taking and Transfer Regulation, O. Reg. 387/04 (made under the (OWRA) | 4
7
10 |
| Prince Edward Island | ||
| Permit required for alteration of a watercourse, incl. water diversion | Environmental Protection Act, R.S.P.E.I. 1988, c. E-9 | 10 |
| Quebec | ||
| No relevant provisions | ||
| Saskatchewan | ||
| No relevant provisions | ||
| Yukon | ||
| Prohibited to use waters in a water management area except in accordance with the conditions of a licence (and other exception). ( "Use" includes water diversion) | Waters Act, S.Y. 2003, c. 19 | 6, 1 |
| Yukon Water Board must not authorize any substantial alteration of the quantity, quality or rate of flow of water on or adjacent to settlement land, unless certain conditions are met | Umbrella Final Agreement Council for Yukon Indians, 1993 | 14.8, 14.9 |
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