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British Columbia Water Policy Data


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British Columbia's population of nearly 4 million relies on the Province's water to supply drinking water, to support agriculture, construction, and mining in the province, to provide hydropower, and to sustain BC's fisheries.  Although parts of the Province are water rich - including the world's largest intact temperate rainforest - other parts experience regular water shortages: the South Okanagan area is Canada's only desert.  Water policy in the province is thus shaped by these diverse physical, economic, and demographic factors.  In 2008, the government of British Columbia releasedLiving Water Smart: B.C.'s Water Plan.  The plan is expected to influence changes to water policy in the coming years, not least of which is a modernization of the Water Act (WAM).  In December, 2010 the Government released the Policy Proposal for a new Water Sustainability Act.




British Columbia water policy photo essay

British Columbia water policy facts
(click any title below to reveal policy details)
Basic Introduction
1: Central Water Legislation (May 02/11)
In British Columbia (BC), the Water Act (1996) is the primary provincial statue regulating water resources and vesting the ownership of water in the crown.  The Water Act provides for the allocation and management of surface water by authorizing water licenses and approvals, development of water management plans, and establishment of water user communities. The Water Act also sets out protective measures for wells and groundwater and identifies offences and penalties.

The Water Protection Act (1996) prohibits bulk export of water and large-scale water transfers between watersheds.

The Drinking Water Protection Act (2001) resides with the BC Ministry of Health, although the Local Health Authorities continue to be the primary administrators of the Act. The Act stipulates that water supply systems must provide potable water and must have construction and operating permits. The Drinking Water Protection Act has established qualification standards for operators, as well as enabling requirements for emergency response, water monitoring, water source and system assessments, drinking water protection plans, and other protective measures for drinking water supplies. This Act works in conjunction with the Public Health Act (2008).

In BC, the Environmental Management Act (2003) regulates industrial and municipal waste discharge, pollution, hazardous waste, and contaminated site remediation.  This act requires preparation of environmental plans for flood control, drainage, soil conservation, water resource management, waste management, and air quality management.

Other important Acts governing water resources in BC include: Dike Maintenance Act (1996); Drainage, Ditch and Dike Act (1996); Environmental Assessment Act (2002); Fish Protection Act (1997); and Water Utility Act (1996).

Key regulations include: British Columbia Dam Safety Regulation (2000); Code of Practice for the Discharge of Water Produced from Coalbed Gas Operations (2005); Drinking Water Protection Regulation (2003); Ground Water Protection Regulation (2004); and Sensitive Streams Designation and licensing Regulation (2000).


2: Key Ministries & Departments (May 02/11)
The Water Stewardship Division of the BC Ministry of Environment (n.d.) manages provincial water resources through activities such as: administering water rights and legislation; developing legislation and non-regulatory tools and participating in sustainable water resource planning and management; carrying out public safety functions to minimize risk from floods, droughts, and dam failures; and developing and delivering science and information critical to understanding and making informed decisions about BC's water resources.

The Integrated Land Management Bureau of the Ministry of Forests and Range manages access to resources located in BC's crown lands, which make up 94% of the province (Government of British Columbia, Ministry of Forests, 1994).

BC Hydro (2010) is a crown corporation that manages and operates 30 hydroelectric facilities in the province which accounting for 80% of the province's electricity.

The Ministry of Community and Rural Development (n.d.) addresses communities' water related infrastructure.

The Ministry of Health is responsible for drinking water safety.


3: Water Rights (May 02/11)
Water rights in BC are based on the prior allocation system (i.e., first in time, first in right).  When two or more licenses with the same priority date exist on the same stream precedence is as follows (ordered highest to lowest): domestic, waterworks, mineral trading, irrigation, mining, industrial, power, hydraulic, storage, conservation, conveying, and land improvement (Water Act, 1996).   Water rights can be transferred.

The Water Stewardship Division of the Ministry of Environment is primarily responsible for water allocation.  Licenses do not expire, and there is no maximum withdrawal quantity (de Loë, Varghese, Ferreyra, & Kreutzwiser, 2007).

First Nations rights to water are not yet explicitly and legally acknowledged in any provincial or federal legislation. The 1987 Federal Water Policy (Environment Canada, 1987) acknowledges Native interests in water but this has not generally been reflected in provincial allocation decisions.


4: Data Collection/Monitoring (May 02/11)
Drinking water is monitored at the following frequencies as indicated in Schedule B of the 2003 Drinking Water Protection Regulation:

  • 4 times per month for communities of 5 000 or fewer people;
  • for communities with between 5 000 and 90 0000 residents, samples must be taken at the rate of 1 per month per 1000 people;
  • for communities with over 90 000 residents, samples must be taken at the rate of 90 per month plus 1 sample per month for every 10 000 residents in excess of 90 000. 

In all cases, immediate reporting is required if the province's drinking water standards are not met.

There is no comprehensive data collection or monitoring program in the province for environmental water quality.  The system currently in place is the BC Environmental Monitoring System (Government of British Columbia, n.d.a).  This system is the province's primary environmental data repository, but because the system data come from either the BC Ministry of Environment or permittee samples related to licensed discharges, monitoring parameters and frequency vary from site to site. The system is designed to capture data covering physical, chemical, and biological analyses performed on water, air, solid waste discharges, and ambient monitoring sites throughout the province.   The data in the EMS collection is not publicly accessible except by request, and a fee is charged.

There are no provincial or territorial programs to monitor drinking water or water resources in First Nations communities.


5: Transboundary Issues (May 02/11)
BC shares an international border with the American States of Idaho, Montana, and Washington.  Transboundary water (and environmental) agreements are listed below.
  • Environmental Cooperation Agreement between the Province of British Columbia and the State of Washington (1992), non-binding
  • Kootenay Lake Order (1938 IJC Order)
  • Osoyoos Lake Order of Approval (last updated 1985, IJC order)
  • Waneta Dam on the Pend D'Oreille Order of Approval (1952, IJC order)
  • Columbia River Treaty (1961, ratified 1964, bilateral treaty-coming up for renegotiation)
  • Abbotsford-Sumas International Task Force (1996 and ongoing, non-binding)
  • Canada-United States Skagit River Treaty (1984, bilateral treaty)
  • Canada-United States Pacific Salmon Treaty (1985, bilateral treaty)

There are no agreements between any levels of government acknowledging First Nations water rights, except those delineated under land claim or self-government agreements, such as the Nisga'a Agreement.


Water Quality
1: Drinking Water Laws (May 02/11)
Drinking Water Protection Regulation (2003) governs the standards for potable water, domestic water systems, treatment, operating permits, water monitoring analysis, qualification standards for operators, and emergency response and contingency plans.

First Nations communities are located on Federal Reserve land, which falls within Federal jurisdiction. Provincial drinking water legislation does not apply to these communities.


2: Source Water Protection (May 02/11)
There is no direct source water protection (SWP) policy.  Together the following acts, regulations, and government plans, govern the protection of source water in BC: Action Plan for Safe Drinking Water in British Columbia (Government of British Columbia, Ministry of Health Planning & Ministry of Health Services, 2002); Drinking Water Protection Act (2001); Drinking Water Protection Regulation (2003); Environmental Management Act (2003); and Water Act (1996).

The large percentage of crown lands in BC (94% of the land base) and the dominance of the forestry industry have acted as catalysts for SWP. Forest practices in BC are governed by the Forest and Range Practices Act (FRPA) which replaced the Forest Practices Code in 2003, includes guidelines for protecting drinking water in community watersheds—defined as relatively small watersheds functioning as drinking water sources and partially owned by the Crown—from the effects of such uses as logging, road building, recreation, and agriculture.  Effectiveness of these guidelines and associated plans has been variable. 

More recently, BC health districts have taken a lead role in SWP. SWPs are neither required nor directly funded, but the Drinking Water Protection Act (2001) does allow Drinking Water Protection Plans to be developed with the order of the Minister and on a scale as determined by the Minister. However, these plans are generally developed as a last resort and threats to drinking water are only to be identified by water suppliers if the provincial drinking water officers order a Water System Assessment.  Other means available for SWPs include: watershed-based land reserves under the Land Act (1996), area-based planning under the Environmental Management Act (2003) and Water Management Plans under the Water Act (1996). A 2004 amendment to Part 4 of the Water Act allows the province to develop water management plans, which may be the most feasible, direct, and flexible tool for protecting source water available to the province.

SWP policy does not address protection of First Nations water.


3: Wellfield Protection (May 02/11)
Wellfield protection planning is addressed in § 2(1)(a) of the Drinking Water Protection Act (2001), which states, "A person must not introduce anything or cause or allow anything to be introduced into a domestic water system, a drinking water source, a well recharge zone or an area adjacent to a drinking water source."  There are no specific treatment requirements, only "end of pipe" quality requirements, so there are no differences in surface or groundwater treatments.   Well drillers must be certified as per the 2004 Ground Water Protection Regulation.


4: Groundwater Permitting (May 02/11)
There is no groundwater licensing at this time.  The 2004 Groundwater Protection Regulation focuses on well drilling and construction standards, as well as groundwater quality protection through the sealing of unused wells.  Driller certification is now required under the 2004 Groundwater Protection Regulations.

The BC Ministry of Environment (1995) manages wells, but the submission of well records is not mandatory.  It is estimated that there are more than 100,000 wells in the province.

Provincial permitting processes do not apply to Federal lands such as First Nations reserves and communities.


5: Storm/Waste Water Management (May 02/11)
There does not appear to be any provincial stormwater or wastewater regulation; it is a municipal responsibility.

Provincial or territorial policies and strategies do not apply or include First Nations reserves or communities.


6: Ecosystem Quality Needs (Apr 07/10)
A guideline is given for each substance (e.g., cyanide, lead, copper, nitrate, algae, chlorine, nitrogen, and so on-there are 50 listed substances) based on seven different possible water uses: drinking water, aquatic life (freshwater and marine), wildlife, recreation and aesthetics, agriculture (irrigation and livestock watering), and industrial (e.g., food processing industry).  Aquatic life would be the ecosystem quality needs portion, and there are different guidelines for each substance.  The guidelines appear to be non-binding, and they serve as "the benchmarks for the assessment of water quality and setting water quality objectives" (Government of British Columbia, Ministry of Environment, 2006, Introduction section, ¶ 4).

BC's Living Water Smart plan says that, by 2012, "Legislation will recognize water flow requirements for ecosystems and species" (Government of British Columbia, n.d.c, ¶ 6).


Water Quantity
1: Water Conservation Strategy (May 02/11)
BC's Living Water Smart plan says that the BC Government "will require all users to cut back their water use in times of drought or where stream health is threatened" (Government of British Columbia, n.d.b, ¶ 5), and that "by 2020, water use in BC will be 33% more efficient" (¶ 10).

Provincial or territorial policies and strategies do not apply or include First Nations reserves or communities.

Learn more about British Columbia's conservation initiatives and requirements with the Alliance for Water Efficiency.


2: Ecosystem Quantity Needs (May 02/11)
Not at this time.
3: Interbasin Transfers (May 02/11)
Interbasin transfers-defined as large-scale projects capable of transferring water from one major watershed to another-are prohibited.  Diversions or water extractions that would result in the project's having the capability of transferring water at a peak instantaneous flow of 10,000 L/s or more are also prohibited.  These restrictions are stipulated under the Water Protection Act (1996).


4: Climate Change Linkage (May 29/11)
The BC Climate Action Charter is an agreement between local governments, the Province and the Union of BC Municipalities to minimize the net greenhouse gas emissions of municipal operations. Starting in 2012, this will be achieved through the combination of local mitigation efforts and the purchase of greenhouse gas offset credits by municipal governments. Both water and wastewater services fall under the scope of the charter. BC First Nations are exempt from provincial charters.

  The province makes the following commitments in the Living Water Smart Plan (Government of British Columbia, n.d.b):
  • By 2012 new approaches to water management will address the impacts from a changing water cycle, increased drought risk and other impacts on water caused by climate change; 
  • Government will work with other provinces to share ideas and resources to improve water conservation and collectively help communities adapt to climate change; 
  • Community development strategies will be developed to recognize the importance of riparian zones in adapting to climate change, and;
  • Adapting to climate change and reducing our impact on the environment will be a condition for receiving provincial infrastructure funding. (Preparing Communities For Change section, ¶ 1-4)     

In February, 2010 British Columbia's adaptation strategy was released, Preparing for Climate Change: British Columbia's Adaptation Strategy.


References (May 29/11)
Document Disclaimer: Every effort has been made to ensure complete accuracy of the content of this briefing note but this document is only a summary and should not be considered legal or planning advice.  Please refer to the relevant legislation and regulations for further information.

References

BC Hydro. (2010). Who we are. Retrieved March 4, 2010, from
http://www.bchydro.com/about/

Brandes, O., & Curran, D. (2009, May). Setting a new course in British Columbia: Water governance reform options and opportunities (POLIS discussion paper 09-02). Retrieved March 5, 2010,
http://poliswaterproject.org/sites/default/files/New%20Course.pdf

British Columbia Dam Safety Regulation, B.C. Reg. 44/2000 [British Columbia]

Code of Practice for the Discharge of Produced Water from Coalbed Gas Operations, B.C. Reg. 156/2005 [British Columbia]

de Loë R. C., Varghese, J., Ferreyra, C., & Kreutzwiser, R. D. (2007). Water allocation and water security in Canada: Initiating a policy dialogue for the 21st century. Guelph, ON: Water Policy and Governance Group, University of Guelph.

Dike Maintenance Act, R.S.B.C. 1996, c. 95 [British Columbia]

Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102 [British Columbia]

Drinking Water Protection Act, R.S.B.C. 2001, c. 9 [British Columbia]

Drinking Water Protection Regulation, B.C. Reg. 200/2003 [British Columbia]

Environment Canada. (1987). Federal water policy. Retrieved March 5, 2010, from
http://www.ec.gc.ca/eau-water/default.asp?lang=En&n=D11549FA-1

Environmental Assessment Act, R.S.B.C. 2002, c. 43 [British Columbia]

Environmental Management Act, R.S.B.C. 2003, c. 53 [British Columbia]

Fish Protection Act, S.B.C. 1997, c. 21 [British Columbia]

Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159 [British Columbia]

Government of British Columbia, Ministry of Community and Rural Development. (n.d.). Home. Retrieved March 4, 2010, from
http://www.gov.bc.ca/cd/

Government of British Columbia, Ministry of Environment. (1995). Dam safety in British Columbia: Who is responsible? Retrieved March 5, 2010 from
http://www.env.gov.bc.ca/wsd/public_safety/dam_safety/responsible.html
 
Government of British Columbia, Ministry of Environment. (2006, August). British Columbia approved water quality guidelines (2006 ed.). Retrieved March 5, 2010, from
http://www.env.gov.bc.ca/wat/wg/BCguidelines/approv_wq_guide/approved.html

Government of British Columbia, Ministry of Environment. (2010, February). Preparing for Climate Change: British Columbia’s Adaptation Strategy. Retrieved May 29, 2011 http://www.livesmartbc.ca/attachments/Adaptation_Strategy.pdf


Government of British Columbia, Ministry of Environment. (n.d.). Water stewardship. Retrieved March 4, 2010, from
http://www.env.gov.bc.ca/wsd/


Government of British Columbia, Ministry of Forests. (1994). Quick facts. Retrieved March 4, 2010, from
http://www.for.gov.bc.ca/hfd/pubs/docs/mr/annual/ar_1993-94/qfact.htm

Government of British Columbia, Ministry of Health Planning & Ministry of Health Services. (2002). Action plan for safe drinking water in British Columbia. Retrieved March 4, 2010, from
http://www.health.gov.bc.ca/cpa/publications/safe_drinking_printcopy.pdf

Government of British Columbia. (n.d.a). Environmental monitoring system (EMS). Retrieved March 4, 2010, from
http://www.env.gov.bc.ca/epd/wamr/ems_internet/index.html - emsmon


Government of British Columbia. (n.d.b). Living water smart: Actions at a glance. Retrieved March 5, 2010, from
http://www.livingwatersmart.ca/actions.html

Government of British Columbia. (n.d.c). Living water smart: Water act modernization. Retrieved March 5, 2010, from
http://www.livingwatersmart.ca/water-act/

Ground Water Protection Regulation, B.C. Reg. 299/2004 [British Columbia]

Land Act R.S.B.C. 1996, c. 245 [British Colmbia]

Lemmen, D. S., Warren, F. J., & Lacroix, J. (2008). Synthesis. In, D.S. Lemmen, F. J. Warren, J. Lacroix, & E. Bush (Eds.), From Impacts to Adaptation: Canada in a Changing Climate 2007 (pp. 1-20). Ottawa, ON: Government of Canada.

Natural Resources Canada. (2010, January 25). Governments of Canada and B.C. and Fraser Basin Council helping communities address climate change. Retrieved March 5, 2010, from
http://www.nrcan.gc.ca/media/newcom/2010/201004-eng.php

Nowlan, L. (2005, March). Buried treasure: Groundwater permitting and pricing in Canada. Retrieved March 5, 2010, from
http://www.buriedtreasurecanada.org/Buried_Treasure.pdf

Nowlan, L. (2008, June). Smarter water laws - the key to living water smart - BC's new water plan. Retrieved March 5, 2010, from
http://www.watergovernance.ca/PDF/PoWGSmarterWaterLaws.pdf

Nowlan, L., & Bakker, K. (2007, November). Delegating water governance: Issues and challenges in the BC context. Retrieved March 5, 2010, from http://www.watergovernance.ca/PDF/Delegating_Water_Governance_in_BC_for_FMC_by_LN_KB.pdf

Program on Water Governance. (2007). Canada-United States transboundary water governance: Pacific region. Retrieved March 5, 2010, from
http://www.watergovernance.ca/transboundary/pacific/Pacific9.pdf

Public Health Act, R.S.B.C. 2008, c. 28 [British Columbia]

Sensitive Streams Designation and Licensing Regulation, B.C. Reg. 89/2000 [British Columbia]

Water Act, R.S.B.C. 1996, c. 483 [British Columbia]

Water Protection Act, R.S.B.C. 1996, c. 484 [British Columbia]

Water Utility Act, R.S.B.C. 1996, c. 485 [British Columbia]

 


Build a table comparing British Columbia policy to any of the following provinces & territories: (MAX of 2)
Alberta

Manitoba

New Brunswick

Newfoundland

Northwest Territories

Nova Scotia

Nunavut

Ontario

Prince Edward Island

Québec

Saskatchewan

Yukon


British Columbia water policy documents