TrilliumWater is necessary for all life to exist and flourish. It is a central component of our natural environment, our economy, our culture, and our social well-being. We must protect and manage water quality in the environment for more than just our own use, so that we can continue to have a healthy environment.

The key laws for environmental water quality management, at the federal level, are the Canada Water Act and the Canadian Environmental Protection Act.

The Canada Water Act

The Canada Water Act, first passed in 1970, is aimed ensuring that important national water resources are conserved, developed and managed.  Environment Canada administers the Act.

The Canada Water Act enables the Minister to work with provincial governments to research and develop plans for waters that are of “significant national concern”. 

Water Quality Management Areas

The Minister can also create Water Quality Management Areas.  Water Quality Management Areas are specific geographic areas identified for protection.

The Minister can establish Water Quality Management Areas where:

• the federal and provincial governments have reached an agreement or where provincial agreement was sought, but not reached, for inter-jurisdictional waters;
• there is a significant national interest in the waters; and
• the federal Cabinet has approved the creation of a water quality management area.

These criteria are difficult to meet and, as a result, water quality management areas are not common.

A Water Management Agency will be created for each Water Quality Management Area.  The Agency may:

• undertake studies and calculate the amount and quality of water in the Water Quality Management Area;
• develop a Water Quality Management Plan including recommendations for how the Area should be managed;
• implement a Water Quality Management Plan.

A Water Management Agency must consider any submissions it receives in the development of a Water Quality Management Plan.  However, there is no requirement for formal public consultation processes, such as public hearings (although this could be done).  After a Plan is developed, however, it must be made available for public comment (and advertised in the newspaper) and approved by the Minister (and any provincial ministers involved) before it takes on legal effect.

The Federal Cabinet can create regulations restricting what can be done in a Water Quality Management Area.  

The Canadian Environmental Protection Act Water Drop

The Canadian Environmental Protection Act, 1999, provides the federal government with a wide range of powers to protect the environment and establishes a number of avenues which the public can use to participate in environmental decision making.   The Act:

• Establishes public rights to information, notification and involvement.  In particular it:
• Establishes a National Pollutant Release inventory where the public can find site specific information on the pollutants created by industrial facilities across Canada;
• Creates an internet accessible registry that provides pubic notification for decisions under CEPA;
• Gives Canadian residents the right to demand investigations into offences under CEPA, take CEPA offenders to court and require independent panels to review environmental decisions;

It also gives the federal government the powers to require environment related information from industry. 

One of the most important aspects of CEPA is the process for regulating “toxic” substances.  Under this part of CEPA, the federal government can regulate in order to avoid harm to the environment or human health by substances deemed toxic. 

The Canadian Environmental Protection Act and Water Quality

The Act also gives the federal government a wide variety of regulation making powers.  These include the power to regulate water-pollution-causing nutrients in cleaning products, vehicle emissions and international air or water pollution.  The Act also gives the federal government the power to pass environmental protection regulations applicable to the federal government, federal land, aboriginal land (including reserves or treaty settlement areas), and federally regulated industries such as airlines, communications companies, railways and banks.

The Act establishes a system of non-legally binding tools, intended to guide environmental regulation in Canada.  These include guidelines, codes of practice and standards. 

Canadian Environmental Quality Guidelines

Canadian Environmental Quality Guidelines are nationally approved, science-based indicators of environmental quality. They are recommended limits for a variety of substances and environmental quality parameters, which may damage the health of Canadian ecosystems if exceeded. Guidelines are mandated federally under the Canadian Environmental Protection Act (CEPA) and nationally under various federal-provincial agreements.

Canadian Water Quality Guidelines for the Protection of Aquatic Life

Canadian Water Quality Guidelines for the Protection of Aquatic Life help to protect all plants and animals that live in our lakes, rivers, and oceans by establishing acceptable levels for substances or conditions that affect water quality such as toxic chemicals, temperature and acidity. As long as conditions are within the levels established by the guidelines, there should be no significant negative effects on the environment. The guidelines are based on toxicity data for the most sensitive species of plants and animals found in Canadian waters and act as science-based benchmarks for the protection of 100% of the aquatic life species in Canada, 100% of the time.

Canadian Water Quality Guidelines for the Protection of Agricultural Water Uses

Canadian Water Quality Guidelines for the Protection of Agricultural Water Uses help to protect sensitive crop species that may be exposed to toxic substances such as pesticides in irrigation water. They are based on maximum irrigation rates and the sensitivity of crops to pollutants. Similarly, the Canadian Water Quality Guidelines for Livestock Water are based on how livestock are affected by their drinking water and whether certain substances, such as toxic chemicals, accumulate in the animals' bodies.

Adapted from British Columbia Guide to Watershed Law and Planning: Canada Water Act ; and Agriculture and Agri-Food Canada's: Canadian Water Quality Guidelines