Keith Mack
Water management in Canada is a shared responsibility across federal, Indigenous, provincial or territorial, and regional or local governments. The Canada Water Act provides an enabling framework for collaboration among these governments. The Canadian Environmental Protection Act (CEPA) regulates substances that have a deleterious effect on the environment. The International River Improvements Act aims to protect Canadian interests in international river basins and ensure that Canada can meet its obligations under the Boundary Waters Treaty of 1909. The Lake of the Woods Control Board Act defines the purpose and powers of the Lake of the Woods Control Board to regulate water levels in the Ontario, Manitoba, and US water systems. The Pulp and Paper Effluent Regulations limit the deposit of harmful substances by pulp and paper mills into fish-bearing waters. The Canadian Drinking Water Quality Guidelines (CDWQG) are established by Health Canada in collaboration with the Federal-Provincial-Territorial Committee on Drinking Water (CDW) and other federal government departments.
| Characteristics | Values |
|---|---|
| Federal laws | The Canadian Environmental Protection Act (CEPA), Fisheries Act, International River Improvements Act, Canada Water Act, Pulp and Paper Effluent Regulations, Environmental Management Act (EMA) |
| Federal agencies | Environment and Climate Change Canada, Canada Water Agency, Health Canada, Federal-Provincial-Territorial Committee on Drinking Water |
| Federal goals | Protect and enhance water quality, promote wise and efficient water management and use |
| Federal strategies | Supportive and flexible role for federal government, enabling federal agencies, other levels of government, and industry to respond to their particular circumstances and challenges |
| Provincial laws | Environmental Assessment Act, Water Sustainability Regulation, Violation Ticket Administration and Fines Regulation, Water Protection Act (WPA), Public Health Act, Safe Drinking Water Act |
| Provincial agencies | Natural resource officers, local and regional governments |
| Provincial responsibilities | Reviewable groundwater projects, compliance and enforcement of resource management laws, keeping water sources clean and secure |
| Drinking water quality guidelines | Developed based on current scientific research, health effects, aesthetic effects, and operational considerations |
| Drinking water quality standards | Variable across jurisdictions, combination of harmonized and delegated regulation and oversight, no legally enforceable national standards |
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What You'll Learn
The Canada Water Act
The Act establishes the Canada Water Agency as a standalone federal agency, with a mandate to support the Minister of the Environment in carrying out their duties and powers related to freshwater. It also defines "federal waters" as those under the exclusive legislative jurisdiction of Parliament, with the exception of waters in the Yukon and Northwest Territories, which have their own legislative bodies.
To achieve its goals of protecting and enhancing water quality, the federal government has implemented strategies that involve various federal agencies, other levels of government, and industry. Additionally, the government promotes efficient water use by raising public awareness about the value of water in daily life, encouraging Canadians to use water wisely, and preventing water wastage.
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The Canadian Environmental Protection Act
CEPA is a comprehensive statute that fills any gaps left by other federal laws regarding pollution issues. It provides a systematic approach to assessing and managing chemical substances in the environment, with a particular focus on those not covered by existing programs. The act also recognises the importance of pollution prevention and the management and control of toxic substances in reducing threats to Canada's ecosystems and biological diversity.
Under CEPA, two federal ministries, Health Canada and Environment and Climate Change Canada, collaborate to assess and regulate potentially toxic substances. Section 93 of the act empowers the federal government to create regulations for restricting and managing the Canadian List of Toxic Substances (LOTS). Toxic substances are defined by characteristics outlined in Section 64. Once a regulation is proposed, interested parties have 60 days to provide comments or file a notice of objection, requesting a Board of Review.
The act also includes the New Substances Notification Regulations (Organisms), which require Health Canada and Environment Canada to conduct risk assessments of new biotechnology products, including microorganisms, that are not subject to pre-manufacture toxicity assessments under other federal laws. This covers both naturally occurring and genetically modified organisms, with risk assessment decisions being made public.
Furthermore, CEPA has been instrumental in addressing specific issues, such as the concentration of phosphorus in cleaning products and the reduction of carbon dioxide emissions from coal-fired electricity generation. It also includes provisions for cross-border movements of hazardous waste and recyclable materials, as well as regulations for fuels, gasoline, and emissions from marine engines, vessels, and off-road vehicles.
Overall, the Canadian Environmental Protection Act plays a vital role in safeguarding water quality in Canada by regulating toxic substances, promoting sustainable development, and ensuring collaboration between federal ministries to protect human health and the environment.
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Pulp and Paper Effluent Regulations
The Pulp and Paper Effluent Regulations (PPER) were first published under the Fisheries Act in 1971 to control the release of harmful substances and reduce the effects on fish and fish habitats observed at pulp and paper mills across Canada. The regulations were applied differently to new, expanded, or altered mills than to existing mills. While the former was subject to the limits outlined in the regulations, the latter followed the limits as non-enforceable guidelines.
By the late 1980s, it was determined that the 1971 regulations had not yielded all the desired effluent quality improvements. As a result, the regulations were amended in 1992 to introduce enforceable effluent quality standards for all mills. These standards included requirements for effluents to be non-lethal to rainbow trout in small amounts and to conduct thorough environmental effects monitoring. The PPER set limits on the amounts of biochemical oxygen demand (BOD) matter and suspended solids (SS) that may be deposited by pulp and paper mills and prohibited deposits of effluents that are acutely lethal to rainbow trout. Biochemical oxygen demand refers to the amount of dissolved oxygen needed to break down organic material in water, and as levels of BOD and SS rise, a water body begins to lose its ability to support aquatic life.
The Pulp and Paper Effluent Regulations are administered by Environment and Climate Change Canada and apply to all pulp and paper mills in Canada. In 2022, 74 pulp and paper mills depositing effluent directly into water frequented by fish in Canada were subject to the regulations. These mills have a total of 116 outfall structures, which are structures through which effluent is conveyed from a mill to a location where it is deposited in water frequented by fish, or in any place from which it may enter such water, or to a wastewater treatment system.
The data used in the 2022 annual report was provided to Environment and Climate Change Canada under sections 9, 28, 29, and 30 of the Regulations, which requires mills to submit monthly reports as well as environmental effects monitoring (EEM) reports on a designated cycle. The self-reported data showed a high level of compliance, with 99% of results below the limits for suspended solids (SS) and biological oxygen demand (BOD), 98.7% of tests not acutely lethal to rainbow trout, and 98.5% of tests showing no effect on Daphnia magna.
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International River Improvements Act
The International River Improvements Act is a federal law in Canada that came into force on July 11, 1955. The Act aims to protect Canadian interests in international river basins and ensure that Canada meets its obligations under the 1909 Boundary Waters Treaty. The Act defines an "international river" as "water flowing from any place in Canada to any place outside Canada."
The International River Improvements Act requires a license for the construction, operation, or maintenance of "international river improvements," which are defined as dams, obstructions, canals, reservoirs, pipelines, or other works that alter the natural flow of international rivers or interfere with their use outside Canada. The Act specifically targets rivers flowing into the United States, and its provisions do not apply to improvements built within "boundary waters" as defined by the Boundary Waters Treaty or those constructed for domestic, sanitary, irrigation, or similar consumptive purposes.
The Act is administered by the Minister of the Environment, who is responsible for tabling an annual report on the operations under the Act in each House of Parliament. The report covers activities related to the development and use of Canada's water resources in international river basins, ensuring they align with national interests and treaty obligations.
The International River Improvements Regulations allow for the granting of licenses for up to 50 years. Exceptions to the Act's application include insignificant effects on river flows or levels at the Canada-US boundary (less than 3 cm on the water level or 0.3 cubic metres per second on the flow) and temporary improvements operated for no more than two years.
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Environmental Management Act
Water governance in Canada is a shared responsibility across four orders of government: federal, Indigenous, provincial, or territorial, and regional or local. The Canadian federal government has defined two main goals for managing the country's water resources: protecting and enhancing the quality of water resources and promoting the wise and efficient management and use of water.
The Canadian Environmental Protection Act (CEPA), enacted in 1999, regulates substances that negatively impact the environment. For instance, it sets phosphorus concentration limits for specific cleaning products. CEPA also mandates the publication of information on pollution prevention plans and the state of Canada's environment.
The Canada Water Act, enacted in 1970, provides a framework for collaboration between federal and provincial/territorial governments through consultation, agreements, and programs. It defines "water quality management" as any aspect of water resource management that involves restoring, maintaining, or improving water quality. The Act also requires an annual report on operations to be presented to Parliament.
The International River Improvements Act ensures Canada meets its obligations under the 1909 Boundary Waters Treaty with the United States. It mandates licenses for activities that may alter the flow of rivers flowing into the US.
The Department of the Environment Act identifies Environment and Climate Change Canada as the lead department within the federal government on water issues in areas not designated to other departments, boards, or agencies. This department works closely with other federal departments to address nationally significant freshwater issues.
Other notable legislation includes the Federal Water Policy, which addresses the management of water resources while balancing water uses with ecosystem requirements. The Pulp and Paper Effluent Regulations limit the deposit of harmful substances by pulp and paper mills into fish-bearing waters.
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Frequently asked questions
The Canada Water Act is a federal policy that provides an enabling framework for collaboration among the federal and provincial/territorial governments, including consultation, agreements, and programs. The Act also requires a report on operations to be laid before Parliament after the end of each fiscal year.
The federal government has defined two main goals: to protect and enhance the quality of the water resource, and to promote the wise and efficient management and use of water.
The Canada Water Agency Act establishes the Canada Water Agency as a standalone federal agency, with a mandate to assist the Minister of the Environment in exercising or performing their powers, duties, and functions related to freshwater.
Some examples of laws and regulations that affect water quality in Canada include the Canadian Environmental Protection Act, the International River Improvements Act, the Lake of the Woods Control Board Act, the Pulp and Paper Effluent Regulations, and the Environmental Management Act.
