Report of the Expert Panel on Safe Drinking Water for First Nations
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Source Protection
| Regulatory Requirement (Source Protection) | Statute, Regulation, etc. | Section |
|---|---|---|
| Alberta | ||
| Only environmental laws of general application (e.g., prohibition on the release of a substance into the environment in an amount in excess of that prescribed by an approval, a code of practice or the regulations, or in an amount that may cause a significant adverse effect) | Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12 | 108, 109 |
| There is a framework for water management planning (although only with respect to water diversions, takings, biodiversity etc.) | Water Act, R.S.A. 2000, c. W-3 | Part 2, Div. 1 |
| British Columbia | ||
| Water diversion and control works regulated | Water Protection Act, R.S.B.C. 1996, c. 484 | Generally |
| Wells must be flood-proofed, if required by regulation
Owner or operator of a well that provides drinking water and identified as at risk of flooding must flood-proof their well |
Drinking Water Protection Act, S.B.C. 2001, c. 9 Drinking Water Protection Regulation, B.C. Reg. 200/2003 |
16
14 |
| Assessments (prepared by water supplier in respect of water system, if required) must address drinking water source An assessment response plan must address cross connections with non-potable water sources |
Drinking Water Protection Act, S.B.C. 2001, c. 9
Drinking Water Protection Regulation |
18
15 |
| Introducing anything to a drinking water source that is likely to result in a drinking water health hazard prohibited | Drinking Water Protection Act, S.B.C. 2001, c. 9 | 23 |
| Certain persons (incl. persons required to report spills under other statutes, and members of the civil service) required to report threats to drinking water to the drinking water officer | Drinking Water Protection Act | 24 |
| Hazard prevention orders available to drinking water officer | Drinking Water Protection Act | 25 |
| Drinking water officer may take direct action to ameliorate a drinking water health hazard | Drinking Water Protection Act | 28 |
| Wells must be at least 100 feet from any probable source of contamination, such as a privy vault, cesspool, manure heap, stable or pigsty, and at least 20 feet from any dwelling house, and at least 400 feet from any cemetery or dumping ground (subject to exceptions) Activities that may contaminate wells or public supplies forbidden (such as to bathe or wash, or to put any decayed matter into any body of water) |
Sanitary Regulations, B.C. Reg. 142/59 (O.C. 829/17) (made under the Health Act) | 42 43 |
| True protection is mostly done through land use planning | Barry Boettger (Provincial Drinking Water Officer) | - |
Drinking water protection plans:
|
Drinking Water Protection Act | 31
32(4)
35-38 |
| Well drilling regulated Changing a stream requires approval (see also the Water Regulation, B.C. Reg. 204/88, s. 37) Person responsible for debris in a stream can be required to remove it Minister may designate areas for water management plans; Lieutenant Governor in Council may require that plan be considered in the decision-making under a specified enactment |
Water Act, R.S.B.C. 1996, c. 483 | 68ff
9
40.2
62, 65 |
| Person making a change to a stream must ensure sediment that could adversely affect the stream does not enter the stream | Water Regulation, B.C. Reg. 204/88 | 41 |
| Protection of ground water in the course of well drilling, maintenance and abandonment | Ground Water Protection Regulation, B.C. Reg. 299/2004 | 7-14 |
| Manitoba | ||
| Deposit or discharge into the any watercourse of any manure or filth of any nature is prohibited Committing any act that may contaminate a groundwater supply prohibited Order to desist and clean-up available to medical officer of health, inspector, the Minister |
The Protection of Water Sources Regulation, M. Reg. 326/88R (made under the Public Health Act) | 2(1)
2(2)
4 |
| The Water Protection Act sets up water quality management zones, watershed authorities, the Manitoba Water Council and the Water Stewardship Fund in order to regulate the use and consumption of water, the production of waste and wastewater effluent and industrial an agricultural activities that may impair water quality, all on a watershed-basis Regulations can adopt water quality standards, which can be required to be taken into account in issuing environmental approvals Regulations establishing water conservation programs may be made Regulations may permit creation of watershed management plans regarding planning issues |
The Water Protection Act, C.C.S.M., c. W65 | Generally
4
10
15 |
| Drinking water safety orders available to the Minister where water maybe health risk (unlimited scope) | The Drinking Water Safety Act, S.M. 2002, c. 36 | 11 |
| Deposit of any substance that may pollute or contaminate groundwater prohibited in the vicinity of a well | The Ground Water and Water Well Act (Manitoba), C.C.S.M., c. G110 | 10(2) |
| The Water Rights Act (Manitoba) governs water diversion and riparian rights, including the granting of licences | The Water Rights Act (Manitoba), C.C.S.M. c. W80 | Generally |
| Construction of sewer or sewer works requires Minister's approval Minister may require alteration in the interest of public health Standards for sewage treatment and effluent water quality |
Water Works, Sewerage and Sewage Disposal Regulation, M. Reg. 331/88R (under the Public Health Act) | 7(1)
7(2)
8, 9 |
| Newfoundland and Labrador | ||
| Minister may, by regulation, designate an area surrounding a present or potential source of public water supply as a public water supply area; and a person operating a waterworks or using water from that source must protect that source of public water supply; and no person shall do anything that might impair water quality in that area, or fish, bathe, boat or swim in that area, or excessively use water from that area Minister may establish groundwater well protection zones (for wells used for non-domestic purposes) in order to protect that well field from pollution. A municipal authority or person operating works or using water from that well source must give notice of the protection zone and protect the well field as the Minister may require. In protection zones prohibited to deposit material which might impair the quality of the groundwater, or conduct development activity (unless approval obtained from the Minister) |
Water Resources Act, SNL 2002, W-4.01 | 39
61 |
| Sewage disposal and sewage systems regulated; manure not to be spread within 75 m of a drinking water source | Sanitation Regulations, O.C. 96-442 (under the Public Health Act) | 11 |
| Has one of the most well established source water protection programs in the country with approximately 90.5% of the total population receiving drinking water from protected surface and groundwater supplies. Each protected water supply is designated by regulation (there are currently 320 ) | Drinking Water Safety in Newfoundland and Labrador: 2005 Annual Report | 3 |
| New Brunswick | ||
| Release of contaminant or water into water prohibited, where it could affect water quality, endanger human or animal life, or damage property or plant life (unless done under authority of law) | Clean Water Act, S.N.B., c. C-6.1 | 12 |
| Minimum distances required from a well to a cesspool, septic tank, etc. to protect aquifers | Water Well Regulation, N.B. Reg. 9079 (under the Clean Water Act) | 4ff, 22 |
| Land and Water Advisory Committee set up to review operation of the Act and recommend amendments | Clean Water Act | 31-32 |
| Minister may (by Designation Order) designate protected areas of a watershed, in which the Minister (by the Designation Order) can control certain activities in those areas. | Clean Water Act Wellfield Protected Area Designation Order, N.B. Reg. 2000-47 Watershed Protected Area Designation Order, N.B. Reg. 2001/488 Protected Area Exemption Regulation, N.B. Reg. 90-120 |
14 |
| Many municipal wellfields are protected by Protected Area Designation Orders under the Clean Water Act. These orders restrict certain activities to protect ground water recharge areas or portions of ground water recharge areas from contamination. There are presently 22 designated wellfields in New Brunswick. Similarly, many municipal watersheds are protected by Watershed Protected Area Designation Orders under the Clean Water Act. These orders restrict certain activities in areas A, B & C to protect watersheds or portions of watersheds from contamination. There are presently 30 protected watersheds in 20 municipalities that have been designated. This represents approximately 4% of New Brunswick's area and about 40% of the population. | Tony J. Whalen (Senior Drinking Water Engineer, Water & Wastewater Management Section, N.B. Department of Environment) | - |
| All New Brunswick waters are to be classified | Water Classification Regulation, N.B. Reg. 2002-56 (Clean Water Act) |
Generally |
| No person shall (without an approval) emit, discharge or deposit any contaminant in such a manner that it may cause water pollution | Water Quality Regulation, N.B. Reg. 82-126 (under the Clean Environment Act) | 3(2) |
| No person shall discharge or deposit in any watershed of a public potable water supply any material which may alter the quality of the water of which may become detrimental to health | General Regulation, N.B. Reg. 88-200 (under the Health Act) | 227 |
| Northwest Territories | ||
| Commissioner and the Minister may, on behalf of the Government of NWT, enter into agreements with the Government of Canada (or a provincial government in conjunction with the Government of Canada) respecting water resources management | Water Resources Agreements Act, R.S.N.W.T. 1988, c.17 (Supp.) | 2 |
| Source protection strategy being developed | Managing Drinking Water Quality in NWT: A Preventative Framework Strategy (May 2005) | P. 9 |
| Nova Scotia | ||
| Water removal, transport, diversion, regulated | Water Resources Protection Act, S.N.S. 2000, c. 10 | Generally |
| The Minister, when requested by an operator of a water works or proposed water works, may designate an area surrounding any source or future source of water supply as a protected water area; and the operator of the water works is responsible for taking all measures to protect to protect the area designated | Environment Act, S.N.S. 1994-95, c. 1 Approximately 15 regulations have been passed designating protected water areas | 106 |
| The requirement for having source water protection plans can be found in the terms and conditions of a water treatment plant's operating approval | John Eisnor (Facilities Engineer, Water and Wastewater Branch) | - |
| Nunavut | ||
| The Nunavut Water Board shall contribute fully to the development of land use plans as they concern water in the Nunavut Settlement Area by providing its recommendations to the Nunavut Planning Commission | Nunavut Land Claims Agreement | 13.4.1 |
| Ontario | ||
| General prohibitions on discharge of a contaminant into the environment, discharging a contaminant such that it causes an adverse effect, deposit of waste on land or land covered by water | Environmental Protection Act, R.S.O. 1990, c. E.19 | 6, 14, 40 |
| Director can define areas for the protection of the public water supply, wherein material that may impair the quality of water shall be placed | Ontario Water Resources Act, R.S.O. 1990, c. O.40 | 33 |
| Conservation Authorities oversee drinking water source protection areas for most of the province (not some northern areas) Source protection committees prepare terms of reference for the preparation of source protection plans. If the source protection area contains water that flows into the Great Lakes, the terms of reference are deemed to require consideration of the Great Lakes agreements to which Canada or Ontario is a party The source protection committee then prepares an assessment report that will identify all of the watersheds in the source protection area and will set out a water budget for each watershed. It will also identify vulnerable areas the source protection area and drinking water threats associated with those vulnerable areas. Risk assessments would be prepared to identify significant drinking water threats The source protection committee then prepares the source protection plan, which will include the most recently approved assessment report. Plan will set out policies to prevent the significant drinking water threats identified in the assessment report, policies to achieve targets established by the Minister relating to the use of the Great Lakes as a source of drinking water, and policies governing certain monitoring programs If a source protection plan is in effect in a source protection area, several provisions of the Bill apply to policies intended to ensure that activities identified as significant drinking water threats never become or cease to be significant drinking water threats and to policies that are specifically designated by the plan and are intended to assist in achieving targets established by the Minister relating to the use of the Great Lakes as a source of drinking water Responsibility for the enforcement is generally given to municipalities; in unorganized territory, the province of Ontario has this responsibility |
Clean Water Act [not yet proclaimed into force] | 4
7-12
13-18
19-22, 24-30
40-41
42-47 |
| Prince Edward Island | ||
| Altering a watercourse in any way requires a permit | Environmental Protection Act, R.S.P.E.I. 1988, c. E-9 | 10 |
| Buffer zones set up between intensive livestock operations and watercourses/wetlands (length depends on intermediate slope; measures must be taken to prevent runoff from former into latter; agricultural crops prohibited in buffer zone Forested riparian zones adjacent to watercourse or wetland must be maintained |
Environmental Protection Act | 11.2
11.3 |
| Permit required for wells in "restricted areas" (as defined in Sch. A); wells cannot be located within certain distances of certain things, incl. sewer lines, septic tanks, manure storage facility, etc. | Water Well Regulations, P.E.I. Reg. EC188/90 (under the Environmental Protection Act) | 5, 9 |
| Well field protection plans must be prepared by municipalities that own public drinking water supply facilities in respect of any well fields or wells that collectively provide two-thirds or more of the overall drinking water demand of the serviced area of the municipality | Drinking Water and Wastewater Facility Operating Regulations, P.E.I. Reg. EC710/04 (Environmental Protection Act) | 20 |
| Quebec | ||
| Regulation governs groundwater catchment (wells) in order to prevent it from causing lowering artesian pressure, from minimising negative effects on watercourses, preventing contamination of groundwater, etc. | Groundwater Catchment Regulation, c. Q-2, r. 1.3 | Generally |
| Owners of spring water, mineral water or groundwater catchment sites intended to supply drinking water at flow rates >75 m3/day must have the following documents signed by an engineer or a geologist: a plan showing the location of the bacteriological protection area and the virological protection area which correspond to the portions of the supply area of the catchment site as defined by using a migration time of groundwater over 200 days (bacteriological protection) and over 550 days (virological protection) For catchment sites operated for drinking water supply purposes the average flow rate of which <75 m3/day and supplying more than 20 persons, the bacteriological protection area is within a 100 m radius from the catchment site and the virological protection area shall be set within a 200 m radius Special provisions for farming areas, incl. spreading of wastes |
Groundwater Catchment Regulation | 25
25
26-30 |
Other regulations for prevention of agricultural, industrial and domestic wastewater pollution:
|
Caroline Robert (Direction des politiques de l'eau) | - |
| Saskatchewan | ||
Sask. Watershed Authority was created to manage the water and watersheds of Saskatchewan and has authority to:
|
The Saskatchewan Watershed Authority Act, 2005, S.S. c. S-35.03 | 5, 6 |
General environmental law provisions re:
|
Environmental Management and Protection Act, 2002, S.S. c. E-10.21 | 4
35
45
46 |
| Regulations surrounding drilling for groundwater (drilling generally prohibited, abandonment procedures, etc.) | The Ground Water Regulations, S. Reg. 172/66 (under the Ground Water Conservation Act [repealed]) | Generally |
| Yukon | ||
| Commissioner in Executive Council may establish water management plans | Environment Act, R.S.Y. 2002, c. 76 | 70 |
| With the approval of the Commissioner in Executive Council, the Minister may enter into an agreement with a provincial or territorial government or the Government of Canada providing for the management of any waters Deposit of waste in water management areas generally prohibited Water management areas set out in Sch. 1 |
Waters Act, S.Y. 2003, c. 19 Waters Regulation, O.I.C. 2003/58 | 5
7
2 |
| Deposit of waste in any waters in a water management area generally prohibited, except in accordance with the conditions of a licence or as authorized by regulations | Waters Act | 7(1) |
| Wells must be minimum distance from sewage outfalls, etc. No sewerage system effluent is permitted to discharge less than 100 feet downstream from the inlet of any pipe withdrawing water for human consumption |
Regulations Respecting Public Health, C.O. 1958/079 (under the Public Health Act) | 20-21
25 |
| Minimum set-backs to wells and surface water bodies | Sewage Disposal Systems Regulation, Y.O.I.C. 1999/82 | 12, 16-20 |
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