Report of the Expert Panel on Safe Drinking Water for First Nations
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Wells
| Regulatory Requirement (Wells) | Statute, Regulation, etc. | Section |
|---|---|---|
| Alberta | ||
| An inspector or the Director may issue a water management order to the person responsible for a water well where possibility of an adverse effect on the environment or on human health | Water Act, R.S.A. 2000, c. W-3 | 97(1), 136(1) |
| British Columbia | ||
Regulated aspects of water wells:
|
Water Act, R.S.B.C. 1996, c. 483 | 68-82 |
Regulated aspects of water wells:
|
Groundwater Protection Regulation, B.C. Reg. 299/2004 (under the Water Act) | 7-14 |
| Wells must be flood-proofed, if required by regulation Restrictions on well-drilling in certain areas |
Drinking Water Protection Act, S.B.C. 2001, c. 9 | 16
36 |
| 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 Regulation, B.C. Reg. 200/2003 | 14 |
| 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) | Sanitary Regulations, B.C. Reg. 142/59 (O.C. 829/17) (made under the Health Act) | 42 |
| Manitoba | ||
Regulates well-drilling (creates licensing regime) and provides for:
|
The Ground Water and Water Well Act (Manitoba), C.C.S.M., c. G110 | Generally |
| Contamination of wells prohibited | Protection of Water Sources Regulation, Man. Reg. 326/88R | 2(2) |
| Wells must be constructed and maintained to prevent contamination of the water, and the medical officer of health or inspector may direct what methods of construction or materials must be used Well abandonment regulated medical officer of health may order the reconstruction, disinfection, or closing of a well where unsafe Disinfection not required in the absence of erratic or high level coliform contamination or other contaminating factors |
Water Supplies Regulation, M. Reg. 330/88R | 6(1),(2)
6(3)
7(2) 8 |
| Newfoundland and Labrador | ||
| Part III regulates well drilling, including licensing regime, creating well driller obligations and responsibilities, permitted rate of withdrawal, protection zone around a well | Water Resources Act, SNL 2002, W-4.01 | 53-63 |
Regulated areas:
|
Well Drilling Regulations, 2003, N.L.R. 63/03 (Water Resources Act) | 3-7
8-11
12-16
17
18
19
20-23 |
| Sewage shall not contaminate a well Minimum setbacks from well for septic tanks, disposal areas |
Sanitation Regulations, C.N.L.R. 803/96 (under the Public Health Act) | 5(5)
Sch. 1 |
| New Brunswick | ||
| Well driller's report required when well is dug Owner of well must test water in accordance with regulations supply to consumers of water that poses a significant health risk prohibited (except from a private well) Minister can take certain steps where water from a well poses a significant health risk Well drilling requires the appropriate registration, licence, permit or approval in accordance with the regulations |
Clean Water Act, S.N.B., c. C-6.1 | 11(1)
11(2)
13(2) 13(3)-(8)
16 |
| Well contractor's permit required for anyone who engages in the business of well-drilling Permit renewable Inspector can require modifications Well location requirements Construction standards Minimum setback distances, other locational requirements Where well not in use Pump installation requirements Well yield must be evaluated Well Drilling Advisory Board created Inspector's orders |
Water Well Regulation, N.B. Reg. 9079 (under the Clean Water Act) | 4, 6
8
11
14
15-21
22-25
26-27
30
32
35
38 |
| Voucher system: Minister issues voucher to well-driller, who gives it to owner, who then must use voucher to have water tested Owner must develop a sampling plan for Minister's approval |
Potable Water Regulation, N.B. Reg. 93-203 (under the Clean Water Act) | 3-6
7ff |
| Different zones created throughout province, in which certain activities that may threaten groundwater are restricted or prohibited | Wellfield Protected Area Designation Order, N.B. Reg. 2000-47 | Generally |
| No well may be constructed without the approval of a district medical health officer unless it has been approved by the Minister A district medical health officer may order the disinfection or closing of a well or spring where it is found to be unsafe for drinking or cooking purposes, or where it is improperly located or constructed or the spring is inadequately protected Contaminating wells prohibited Setbacks from septic tanks Depth requirements Setbacks from sub-surface disposal field |
General Regulation, N.B. Reg. 88-200 (under the Health Act) | 218
219
229
240
256-7
258 |
| Northwest Territories | ||
| Not referred to specifically, but falls under general sampling and testing requirements | Duane Fleming (Chief Environmental Health Officer, Stanton Territorial Health Authority) | 1 |
| Nova Scotia | ||
| Well drillers must have Certificate of qualification Certificate of qualification requirements Inspector can require well modification Construction standards, capping, sealing Location of wells (incl. minimum distances) Abandoned wells Pump installation Yield test Well Construction Records |
Well Construction Regulations, N.S. Reg. 58/95 (made under the Environment Act) | 5
6-16
17
20-23
24-33
34
38-40
41-47
48-50 |
| Corrective action to be taken when bacteria found to be present | Guidelines for Monitoring Public Drinking Water Supplies | 5.4.2 |
| Nunavut | ||
| No relevant provisions | ||
| Ontario | ||
Subjects:
|
Ontario Water Resources Act, R.S.O. 1990, c. O.40 | 35-50 |
| The owner of a drinking-water system that includes a well used as a raw water supply shall ensure that no surface water or other foreign materials enter the well | Non-Residential and Non-Municipal Seasonal Residential Systems that Do Not Serve Designated Facilities, O. Reg. 252/05 (made under the SDWA) | 10 |
Regulated areas:
|
Wells Regulation, R.R.O. 1990, Reg. 903 (made under the OWRA) | Generally |
| Prince Edward Island | ||
| Well drilling, construction and operation can only be done in accordance with the regulations | Environmental Protection Act, R.S.P.E.I. 1988, c. E-9 | 12 |
| Where a municipality is the owner of a public drinking water supply facility, it must develop a well field protection plan | Drinking Water and Wastewater Facility Operating Regulations, P.E.I. Reg. EC710/04 (under the EPA) | 20 |
Regulated areas:
|
Water Well Regulations, P.E.I. Reg. EC188/90 | Generally |
| Well construction standards Wellhead requirements |
Atlantic Canada Guidelines for the Supply, Treatment, Storage, Distribution and Operation of Drinking Water Supply Systems (2004) | 2.3.6
2.3.8 |
| Quebec | ||
| Wells require municipal approval Contamination must be avoided Minimum setbacks from wastewater, agricultural areas; floodplains, Construction and materials standards, sealing, Yield tests, reports, sampling requirements Protection areas Authorization of the Minister required for high-load systems, systems used to supply bottled water Drilling requirements Municipalities responsible for the application of several parts of regulation Minister of the Environment must every 5 years file a report with the Government on the application of this Regulation |
Groundwater Catchment Regulation, c. Q-2, r. 1.3 | 3
4
5-8
9-18
19-21
24-30
31
45
63
64 |
| Saskatchewan | ||
| Approval of Saskatchewan Watershed Authority required for construction of wells (except wells used for domestic purposes) No person shall operate a water well drilling machine unless that person or machine is registered with Saskatchewan Watershed Authority (except wells constructed for domestic purposes) No person shall do any of the following, except in accordance with the regulations: (a) undertake a ground water investigation program; (b) drill a water well; (c) use ground water Well drillers and owners of wells must ensure wells are sited, constructed and controlled in accordance with the regulations |
Saskatchewan Watershed Authority Act, 2005, S.S. 2005, c. S-35.03 | 59(1)
74
75
77 |
Regulated areas:
|
The Ground Water Regulations, S. Reg. 172/66 (under the Ground Water Conservation Act [repealed] [123].) | Generally |
| Municipal wells connected to a distribution system supplying water for hygienic uses must meet certain disinfection standards Every person who holds an approval pursuant to The Saskatchewan Watershed Authority Act to construct, extend, alter or operate a well must ensure it meets construction standards, and ensure that the water is cleaned and disinfected | The Water Regulations, 2002, c. E10.21, M. Reg 1 | 22
25 |
| No person shall establish, extend, renovate or alter a well or other supply of water intended for public use that is not connected to a distribution system unless the owner or operator has obtained written approval to do so from the local authority Owner of operator of a well or other supply of water intended for public use that is not connected to a distribution system must ensure water is potable, take steps to prevent contamination, submit samples for testing A local authority can require the owner or operator to provide ongoing treatment if it suspects that a public water supply (incl. a well as above) constitutes a health hazard |
Health Hazard Regulations, R.R.S. c. P-37.1, Reg. 10 | 5
6, 7
8 |
| Yukon | ||
| No person shall create a condition injurious to health or which is or is likely to become a public nuisance on any well Every incorporated municipality shall provide maintain one or more wells or other sources of water supply for the use of the inhabitants and shall be responsible for the safety of such supply Every well or other source of water supply for use for human consumption, or in connection with the manufacture for sale of food or drink, including storage, handling, intakes, transmission, and outlets shall be subject to inspection and testing by a Medical Health Officer or Health Officer Minimum setbacks from sources of pollution; protection from surface water; cover and seal |
Regulations Respecting Public Health, C.O. 1958/079 (made under the Public Health Act) | 6(1)
17
18
19 |
Footnotes:
- These Regulations continue in force under The Saskatchewan Watershed Authority Act, 2005. (return to source paragraph)
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