Report of the Expert Panel on Safe Drinking Water for First Nations
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Operating Approvals
| Regulatory Requirement (Operating 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) |
| A waterworks must be designed so that it meets as a minimum the requirements of the Guidelines for Canadian Drinking Water Quality, and any other standard specified by the Director | Potable Water Regulation, A. Reg. 277/2003 (made under the EPEA) | 4(1) |
| The equipment and controls for filtration, disinfection and all other required treatment in a waterworks system must be operated in a manner that achieves the potable water quality required by this Regulation | Potable Water Regulation | 9(1) |
| British Columbia | ||
| Operating permits required for water supply systems issued in accordance with the regulations, and must comply with the terms and conditions thereof, and must operate the water supply system in accordance with applicable regulations Examples of operating terms and conditions in an operating permit: treatment requirements, equipment requirements, qualification and training of operators, monitoring requirements, finished water standards and reporting requirements | Drinking Water Protection Act, S.B.C. 2001, c. 9 | 8 |
| A drinking water officer may issue an operating permit to a water supplies | Drinking Water Protection Regulation, B.C. Reg. 200/2003 | 7 |
| Manitoba | ||
| No person shall operate a public or semi-public water system unless the person holds a current operating licence for the water system issued by the director in accordance with the regulations. Licence may be subject to terms and conditions necessary to provide for the safety of the water from the water system, and effective environmental management |
The Drinking Water Safety Act, S.M. 2002, c. 36 | 8(1), (2)
8(3) |
| NOTE: No regulations under the Drinking Water Safety Act have been passed yet | - | - |
| Domestic water quality shall meet accepted standards of potability | Water Supplies Regulation, M. Reg. 330/88R (made under The Public Health Act) | 2 |
| 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 may prescribe conditions or limitations on operations |
Water Works, Sewerage and Sewage Disposal Regulation, M. Reg. 331/88R (under the Public Health Act) | 2(2)
2(3) |
| 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 |
| Minister can direct changes in a public water system where water quality may constitute a menace to the public health | Water Works, Sewerage and Sewage Disposal Regulation | 5 |
| No facility can be operated unless it is classified as a small system or class 1 to 4 facility | Water and Wastewater Facility Operators Regulation, M. Reg. 77/2003 (under The Environment Act) | 4 |
| Newfoundland and Labrador | ||
| 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, SNL 2002, W-4.01 | 48 49 |
| All waterworks must be maintained and operated in a manner that the Minister may direct | Water Resources Act |
38(1) |
| Guidelines for the Design, Construction, Operation and Maintenance of Water and Sewer Works 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 |
| New Brunswick | ||
| Approval required for the operation of any waterworks No approval required for domestic wells and small waterworks |
Water Quality Regulation, N.B. Reg. 82-126 (under the 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 operate a waterworks without first obtaining the Minister's certificate of approval of the plans and specifications | Health Act, S.N.B., c. H-2 | 14(2) |
| An environmental impact assessment may be required to operate | Environmental Impact Assessment Regulation, N.B. Reg. 87-83 (Clean Environment Act) | 5(1) |
| Northwest Territories | ||
| No legislated operating approvals currently, but planned for new drinking water regulations under the Public Health Act. | Duane Fleming (Chief Environmental Health Officer, Stanton Territorial Health Authority) | - |
| 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 operation of municipal water works including water supply facilities and water distribution facilities is a designated activity |
Environment Act, S.N.S. 1994-95, c. 1
Activities Designation Regulations, N.S. Reg. 47/95 (Environment Act) |
50, 56
9 |
| 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) |
| Ontario | ||
| No person shall use or operate a municipal drinking-water system except under the authority of and in accordance with an approval under this Part or municipal drinking-water licence | Safe Drinking Water Act, 2002, S.O. 2002, c. 32 | 31(1) (b) |
| No person shall use or operate water works for which an approval is required unless the required approval has been granted and complied with | Ontario Water Resources Act, R.S.O. 1990, c. O.40 | 52(7) |
| Every owner of a municipal drinking-water system or a regulated non-municipal drinking-water system shall ensure that the drinking-water system is operated in accordance with the requirements under this Act | Safe Drinking Water Act, 2002 | 11(1) |
| Prince Edward Island | ||
| Water treatment systems shall be maintained and operated in such a manner as the Minister may direct | Environmental Protection Act, R.S.P.E.I. 1988, c. E-9 | 16 |
| No owner of a facility shall operate the facility, or permit it to be operated, unless the facility classification certificate has been issued for the facility | Drinking Water and Wastewater Facility Operating Regulations, P.E.I. Reg. EC710/04 (under the Environmental Protection Act) | 2, 3 |
| Lieutenant Governor in Council may, by order, create water corporations to manage and operate water treatment systems | Environmental Protection Act | 18 |
| Operating conditions primarily contained in certificates of approval | George Somers (Drinking Water Management Section Manager) | - |
| Quebec | ||
| Requirements addressing: continuous service, maintenance standards, impartial service, compulsory inspection, access to Minister, fire protection, water quality, etc. | Regulation respecting waterworks and sewer services, c. Q-2, r. 7 | 17ff |
| Saskatchewan | ||
| Permit for operation 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 Minister may amend permit, require assessment, or cancel permit where noncompliance with permit |
Environmental Management and Protection Act, 2002, S.S. c. E-10.21 | 21
22
23
24
30 |
| 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 |
| Permittee must comply with the Guidelines for Canadian Drinking Water Quality Use of chemicals must be conformance with standards specified Standards for certain parameters (e,g, bacteriological, turbidity, chemical) |
The Water Regulations, 2002 | 29
30
32-34 |
| Operating requirements of wells | The Water Regulations, 2002 | 25 |
| 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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