Report of the Expert Panel on Safe Drinking Water for First Nations
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Design Approvals
| Regulatory Requirement (Design Approvals) | Statute, Regulation, etc. | Section |
|---|---|---|
| Alberta | ||
| Approval or registration required to commence or carry out activities designated in regulation | Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 | 60, 61 |
| An approval is required for the construction, operation or reclamation of a waterworks system that uses as the source of its water supply surface water or groundwater other than high quality groundwater, and that serves a municipality (etc.), is a private utility or a watering point, or certain systems owned by a regional services commission. | Activities Designation Regulation, Alta. Reg. 276/2003 (under the EPEA) | 5(1), Sched. 1, Div. 5 (a) |
| A registration is required for the construction, operation or reclamation of a waterworks system that uses high quality groundwater as the source of its water supply and that serves a municipality (etc.), as is a private utility, or certain systems owned by a regional services commission A registration is required for the construction, operation or reclamation of a water distribution system A registration is required for the construction, operation or reclamation of a waterworks system (i) that serves a hamlet or a municipal development, (ii) that uses high quality groundwater as the source of its water supply, and (iii) that has (A) 15 or more service connections, or (B) 3 or more kilometres of water distribution system A registration is required for the construction, operation or reclamation of a water distribution system that serves a hamlet or a municipal development that has 15 or more service connections or 3 or more kilometres of water distribution system |
Activities Designation Regulation, Alta. Reg. 276/2003 (under the EPEA) | 5(2), Sched. 2, Div. 5 (a), … (b), …
(c), …
(d) |
| The Minister/Director can construct and operate [water diversion] works, and initiate and carry out a an undertaking [relating to water diversion] | Water Act, S.A. 2002, c. W-3 | 84-85 |
| A waterworks must be designed so that it meets as a minimum the requirements of the Guidelines for Canadian Drinking Water Quality (or other standard specified by the Director) | Potable Water Regulation, A. Reg. 277/2003 | 4(1) |
| Engineer's stamp and signature required | Potable Water Regulation | 4(2) |
| Director must be informed of intention to extend or expand a works (which must also comply with Guidelines for Canadian Drinking Water Quality) | Potable Water Regulation | 5 |
Design standards aspects include, for surface water:
|
Standards and Guidelines for Municipal Waterworks, Wastewater and Storm Drainage Systems (January 2006) | 1.5 |
| Registration of water distribution systems required Waterworks distribution system design requirements |
Waterworks Systems Consisting Solely of a Water Distribution System | P. 5
P. 6 |
| Guideline for which waterworks facilities require registration | Waterworks Systems Using High Quality Groundwater | P. 4 |
| British Columbia | ||
| Construction permits (which may include terms and conditions) are required for construction/alteration of water supply systems For systems under 500 people approval can be waived. |
Drinking Water Protection Act, S.B.C. 2001, c. 9 | 7 |
| Construction permits may be issued by a drinking water officer or an approved engineer No construction permit necessary for emergency repairs |
Drinking Water Protection Regulation, B.C. Reg. 200/2003 | 6 |
| Systems regulated as water utilities require addtional construction approval from the Ministry of the Environment, who considers fire fighting flow and other considerations unrelated to mandate of Health | Barry Boettger (Provincial Drinking Water Officer) | - |
| Manitoba | ||
| No person shall construct or begin any construction of or alter a public or semipublic water system except under the authority of a permit to do so issued by the director in accordance with the regulations (but minor alteration may not require a permit) | The Drinking Water Safety Act, S.M. 2002, c. 36 | 7 |
| NOTE: No regulations under the Drinking Water Safety Act have been passed yet | - | - |
| No person shall construct, operate or alter a public water system without first obtaining the Minister's certificate that the Minister has approved of the plans, specifications, information about the potential supply source and other information submitted by the person contemplating establishing the public water system Minister can require changes in plans or specifications |
Water Works, Sewerage and Sewage Disposal Regulation, M. Reg. 331/88R (under the Public Health Act) | 2(2) 4 |
| No person shall construct or operate a non-potable public water system unless approved by the Minister | Water Works, Sewerage and Sewage Disposal Regulation | 3 |
| All facilities must be classified as a small system or class 1 to 4 | Water and Wastewater Facility Operators Regulation, M. Reg. 77/2003 (The Environment Act) | 2-10 |
| Newfoundland and Labrador | ||
| A person must submit to the Minister plans, specs, etc, before the construction of waterworks, and cannot begin the waterworks until a permit is granted Minister may require further information or investigation, grant the permit (with terms and conditions), direct alterations, etc. |
Water Resources Act, SNL 2002, W-4.01 | 37 |
| A person must obtain a permit from the Minister to carry out an undertaking for which a permit is required by this Act or regulations; and the Minister may grant such a permit with such terms and conditions as the Minister considers necessary Terms and conditions of permit may be amended |
Water Resources Act | 48
49 |
| Guidelines for the Design, Construction, Operation and Maintenance of Water and Sewer Works is completed in draft from and has been circulated to stakeholders for input and comments | Drinking Water Safety in Newfoundland and Labrador: 2005 Annual Report |
28 |
| Guidelines for the Design, Construction and Operation of Water and Sewerage Systems provide comprehensive guidance on the design of water works | See Guidelines for the Design, Construction and Operation of Water and Sewerage Systems  |
- |
| New Brunswick | ||
| Approval required for the construction of any waterworks No approval required for domestic wells and small waterworks |
Water Quality Regulation, N.B. Reg. 82-126 (Clean Environment Act) | 3(5)-(7)
5(3)-(4) |
| Approval process (application), incl. Minister's right to require further information, public notice and public input requirements. Terms and conditions may attach to approval | Water Quality Regulation, N.B. Reg. 82-126 | 6-10 |
| It is not lawful to construct a waterworks without first obtaining the Minister's certificate of approval of the plans and specifications No well or other potable water supply may be constructed, installed or otherwise brought into use without the approval of a district medical health officer unless it has been approved by the Minister of Health under ss. 14(2) of the Act. |
Health Act, S.N.B., c. H-2
General Regulation, N.B. Reg. 88-200 (under the Health Act) |
14(2)
218 |
| Prohibited to join the pipes of a distribution system of a municipality or rural community to any other system for the distribution of water without an approval Prohibited to make a direct physical connection between a private water supply and a public water supply |
Water Quality Regulation
General Regulation, N.B. Reg. 88-200 (under the Health Act) |
3(6) 220(2) |
| Northwest Territories | ||
| No person shall construct or alter a public water supply system unless approval has first been obtained in accordance with these regulations | Public Water Supply Regulations, R.R.N.W.T. 1990, c. P-23 | 3 |
| The design of water treatment plants must be adequate to provide the treatment of the raw water which is required to produce finished water (Several design parameters are specified, including filter media, heating, lighting, chlorine feed equipment, etc.) |
Public Water Supply Regulations | 14, 15 |
| The design of pumping stations should accommodate maintenance of the sanitary quality of the water pumped through it, and to facilitate cleanliness, continuity and ease of operation | Public Water Supply Regulations | 18 |
| Design standards for reservoirs and other tanks, water mains | Public Water Supply Regulations | 19-20 |
| Nova Scotia | ||
| No person shall commence of continue any activity designated by the regulations as requiring approval unless that person holds the appropriate approval (which may contain terms and conditions) The construction of municipal water works including water supply facilities and water distribution facilities is designated as an activity |
Environment Act, S.N.S. 1994-95, c. 1
Activities Designation Regulations, N.S. Reg. 47/95 (Environment Act) |
50, 56 9 |
| All facilities must be classified (owner must apply for facility classification certificate) | Water and Wastewater Facilities and Public Drinking Water Supplies Regulation, N.S. Reg. 186/2005 (made under the Environment Act) | 7-10 |
| Nunavut | ||
| Councils have may, by bylaw, provide for the establishment, acquisition, operation, maintenance or alteration of sewage systems or water distribution systems | Cities, Towns and Villages Act, R.S.N.W.T. 1988, c. C-8 | 55(2)(d) |
| A municipal council may, by bylaw, regulate the design and installation of a water distribution system owned or operated by persons other than the municipal corporation | Cities, Towns and Villages Act | 92 |
| Ontario | ||
| No person shall establish a new municipal drinking-water system except under the authority of and in accordance with an approval under this Part or a drinking-water works permit Exempt: municipal drinking-water systems that are not either a large municipal residential system, or a small municipal residential system; certain other activities exempt |
Safe Drinking Water Act, 2002, S.O. 2002, c. 32
Drinking-Water Systems, O. Reg. 170/03 (made under the SDWA) |
31(1) (a) 9 |
| A person who proposes to establish a new municipal drinking-water system shall make an application to the Director for an approval (if the application is made before the day prescribed) or for a drinking-water works permit and a municipal drinking-water licence (if the application is made after that same day) Application requirements |
Safe Drinking Water Act, 2002 | 32(1) 32(5) |
| A drinking-water works permit may contain conditions, incl. requirements in relation to the construction, installation or alteration of any works, equipment, mechanism or other thing; and requirements for compliance with design standards specified by the Director in the conditions | Safe Drinking Water Act, 2002 | 41(2) |
| No person shall establish, replace or operate a regulated non-municipal drinking-water system except in accordance with the prescribed requirements; and under the authority of and in accordance with an approval (if an approval is required) (Provisions similar to those for municipal drinking-water systems also exist for regulated non-municipal drinking-water systems) | Safe Drinking Water Act, 2002 | 52(1) |
| No person shall establish a water works except under and in accordance with an approval granted by a Director, the granting of which requires the submission of plans and specs and other information and carrying out tests on the water supply | Ontario Water Resources Act, R.S.O. 1990, c. O.40 | 52 |
| A municipality can apply to the Ontario Clean Water Agency for the provision of and operation of water works for the municipality, and the parties can enter into such an agreement | Ontario Water Resources Act | 63 |
| Each subsystem must be classified by type and class according to Sch. 1; and Director shall issue to the owner a certificate of classification for the subsystem | Certification of Drinking-Water System Operators and Water Quality Analysts, O. Reg. 128/04 (SDWA) | 3 |
| Prince Edward Island | ||
| No person shall undertake the establishment of a water supply system (or change an existing system) without first obtaining an approval from the Minister Application for an approval must be accompanied by plans and specs, and other information as Minister requires |
Environmental Protection Act, R.S.P.E.I. 1988, c. E-9 | 13 |
| Atlantic Canada Guidelines for Supply, Treatment, Storage Distribution and Operation of Drinking Water Supply Systems are followed | George Somers (Drinking Water Management Section Manager) | - |
| Quebec | ||
| No one may establish waterworks before submitting the plans and specs to the Minister and obtaining his authorisation | Environment Quality Act, R.S.Q., c. Q-2 | 32 |
| Every construction of installation of a waterworks must comply with the plans and specifications referred to in the authorisation issued by the Minister under s. 32 of the Act and comply with construction standards prescribed in this Regulation Standards regulate quality of material, piping, protection against freezing, proximity of conduits, filling, valves, meters, etc. |
Regulation respecting waterworks and sewer services, c. Q-2, r. 7 | 3 |
| Saskatchewan | ||
| Permit for construction of waterworks required Permit requires application and permission from appropriate municipal authority Minister may attach terms and conditions to permit Permit must be registered on land title |
Environmental Management and Protection Act, 2002, S.S. c. E-10.21 | 21
22
23
24 |
| A person who applies for a permit for a waterworks pursuant to the Act must file an application in a form specified by the Minister, and must provide the information and materials required by the Guide to Waterworks Design (adopted by this regulation) | The Water Regulations, 2002, c. E10.21, M. Reg 1 | 24 |
| No person shall establish or alter a public water supply unless the owner of operator has obtained written approval to do so from the local authority | Health Hazard Regulations, R.R.S. c. P-37.1, Reg. 10 | 5 |
| Approval of the Sask. Watershed Authority required for certain works (primarily water diversion and control) | The Saskatchewan Watershed Authority Act, 2005, S.S. c. S-35.03 | 59 |
| Permit required for ground water exploration | The Ground Water Regulations, S. Reg. 172/66 (under the Ground Water Conservation Act [repealed]) | 4 |
| NOTE: The council of a rural municipality in which a hamlet or organised hamlet is located , of a town within the meaning of the Northern Municipalities Act is responsible for ensuring potable water in those areas | Public Health Act, 1994, S.S. 1994, c. P37.1 | 14 |
| Yukon | ||
| New water treatment plants must have the approval of a health officer prior to operation | Patricia Brooks (Drinking Water Program Coordinator) | - |
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