Civil Code of Québec and Permits for water

Under the Civil Code of Québec, surface and underground water is something that is of common use to all, barring any rights to use or limited appropriation rights that may be recognized. This “common to all” status implies that all members of society have the right to access water and use it in a manner consistent with its nature. This also imples that the government has a responsibility to regulate water use, establish priority uses and preserve its quality and quantity, in the general public interest.

Rather than having a single agency governing water allocations, permits for water are granted by the ministries that relate to the use of water. When water is used for power, the permit is issued by the Ministry of Natural Resources (and Hydro-Québec). When it is used for agricultural purposes, the Ministry of Agriculture and fisheries is the permitting body. Drinking water and water supply permits fall under the purview of the Ministry of Municipal Affairs. Water rights transfers are prohibited in Québec.

See here for more information on the Civil Code of Québec

Watercourses Act

The Watercourses Act dates back to 1856 (An Act to authorize the utilization of watercourses). It is intended to provide a regulatory framework for the concession of rights to the beds of state-owned lakes and watercourses, the establishment of priorities for the use of hydraulic powers, control of water and driving of timber, and the construction and maintenance of works in lakes and watercourses.

Read more on the Watercourses Act

Regulation respecting the water property in the domain of the State

The Regulation respecting the water property in the domain of the State, in force since February 27, 2003, replaces the Public Water Regulation. It determines the conditions under which the Minister of the Sustainable Development, Environment and Parks is authorized to grant rights in the water property and authorizes the Minister to sell backfilled portions of the water property under its responsibility and adjust leases for aquaculture purposes as well as rates of rents applying to the granting of specific rights.

For more information on the Regulation respecting the water property in the domain of the State

The Dam Safety Act

The Dam Safety Act and its related regulation came into effect April 11, 2002.

Two types of dams are targeted by the Act.

1. High-capacity dams

•     Dams 1 metre or more in height having an impounding capacity greater than 1,000,000 m3
•     Dams 2.5 metres or more in height having an impounding capacity greater than 30,000 m3
•     Dams 7.5 metres or more in height, regardless of impounding capacity

2. Low-capacity dams

•     Dams 2 metres or more in height that are not high-capacity dams

The main provisions apply to high-capacity dams.

The Dam Safety Act imposes a series of measures governing the construction, alteration and operation of high-capacity dams. It requires dam owners to regularly maintain and monitor their operations. The owners of dams that are potentially a threat to people must also prepare emergency action plans, in collaboration with concerned municipalities and Regional County Municipalities (RCMs).

Owners of high-capacity dams must have their dam undergo a safety review by an engineer to verify the exact condition of their operations and determine, where applicable, the proposed remedial measures to improve safety and comply with today’s standards. Owners of existing dams have three to ten years to have the safety review carried out, depending on dam failure consequences, their condition and the reliability of their discharge facilities.

The Act also provides for the establishment of a register for all dams one metre or more in height. This register is available on line.

For a summary of measures provided by the Act and its regulation see here: Summary of Provisions

Adapted from the MDDEP: Water Management in Québec Public Consultation Document; Centre of Hydrological Expertise: Dam Safety Act, Water Courses Act, Regulation Respecting Water Property in the Domain of the State; and UBC Program on Water Governance: Water Rights Across Canada