Northwest Territories Water Policy Data

The purpose of the Northwest Territories Waters Act (1992) is to outline the administration of water use in the Northwest Territories, specifically the authority of the Northwest Territories Water Board, regulations, and enforcement.

The Mackenzie Valley Resource Management Act (1998) established an integrated co-management structure for water, private and public lands all through the Mackenzie Valley in the Northwest Territories.

The Environmental Protection Act (1988) provides overarching administration of pollution control including discharge to waters. 

The Environmental Rights Act (1988) provides the environmental rights of the citizens of the Northwest Territories to a healthy environment and the right to protection of the environment.

Other relevant legislation include the: Arctic Waters Pollution Prevention Act (2003), Public Health Act (2007), and the Public Utilities Act (2004).

Indian and Northern Affairs Canada (INAC) is an agency of the Canadian federal government and holds responsibility for how water is used within the Northwest Territories. Section 5 of the Department of Indian Affairs and Northern Development Act establishes INAC's responsibilities for water resource management, which are described by INAC as resembling provincial responsibilities (Indian and Northern Affairs Canada, 2008). 

The water boards, created under the Northwest Territories Waters Act (1992) and the Mackenzie Valley Resource Management Act (1998), grant licenses for water use. The Boards can place conditions on water use licenses.

The Northwest Territories Water Board was originally created under the Northern Inland Waters Act (the Northern Inland Waters Act and Regulations were replaced with the Northwest Territories Waters Act and Regulations in 1992). The Northwest Territories Water Board issues licenses within the Inuvialuit Settlement Region (Northwest Territories Water Board, date unknown).

Under the Northwest Territories Waters Act (1992) a license issued by the Northwest Territories Water Board is required before any water use or waterborne waste disposal is permitted. These conditions also apply to governmental departments. Exceptions from the Act's requirements are only permitted for domestic water use, in-stream users (e.g., fishing, swimming, and boating), firefighting and other emergencies, and flood control and prevention.

The Northwest Territories Water Regulations (1993) set out licensing criteria for the municipal, agricultural, power generation, and industrial sectors (with specific conditions for mining and milling operations). The regulations allow for water use and or waste disposal without a license if the proposed use has no potential for significant environmental impacts, does not interfere with existing rights of other water users or waste depositors and satisfies the criteria set out for municipal, mining, agricultural, recreational, industrial, and power generation undertakings outlined in the regulations.

The Mackenzie Valley Resource Management Act (1998) established the Mackenzie Valley Land and Water Board, as well as the Gwich'in Land and Water Board, the Sahtu Land and Water Board and the Wek'eezhii Land and Water Board.  The Gwich'in Land and Water Board, the Sahtu Land and Water Board and the Wek'eezhii Land and Water Board issue water licenses in their own respective settlement areas. The Mackenzie Valley Land and Water Board issues water licenses in areas with unsettled land claims, oversees transboundary water use and maintains consistency in how water legislation is administered in the Mackenzie Valley (Mackenzie Valley Land and Water Board, date unknown).

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.

The Department of Indian Affairs and Northern Development has a mandate to collect, analyze, and distribute information about the water resources of the Northwest Territories and the Nunavut Territory (Indian and Northern Affairs Canada, 2009).  Water quality data are regularly collected and made available in an online database by the Northwest Territories government. 

The State of the Aquatic Ecosystem Report authored by the Mackenzie River Basin Board (2003) used existing data to assess the state of the ecosystem as well as identify gaps and provide recommendations to improve management.  Another state of the ecosystem report is expected in 2010.

A new report released entitled, "Water Quantity and Quality in the NWT: Water Today"  does discuss the importance of incorporating traditional knowledge into the decision making process.

Pollution from oil sands development is the most significant transboundary issue facing the Northwest Territories. Northwest Territories communities have requested a moratorium on oil sands development citing environmental and human health impacts of improperly managed oil sands operations in some areas.  Holroyd & Simieritsch (2009) have also called for a moratorium on new oil sands development until new rules to protect water resources are in place.

A memorandum of understanding with Alberta is in place and was signed in 2007 for upcoming negotiations.

The Mackenzie River Basin Board was established 1997 through the Mackenzie River Basin Transboundary Waters Master Agreement (1997), which was signed by the Federal Government and the Governments of Saskatchewan, Alberta, British Columbia, the Yukon Territory, and the Northwest Territories (Holroyd & Simieritsch, 2009).  The agreement requires the signatory provinces and territories practice sustainable water use, maintain aquatic ecosystems across the basin, and consult with other jurisdictions on any development that may impact ecosystem health. The Transboundary Waters Master Agreement allows for the creation of bilateral agreements between provinces and territories, but out of all the signatories only a bilateral agreement between the Yukon and Northwest Territories has been signed and implemented (Holroyd & Simieritsch, 2009).

The MacKenzie River Basin Board currently has no regulatory authority or legal basis to manage resource use in any of the signatory jurisdictions.  This board also has a limited budget and no research or monitoring capacity (Holroyd & Simieritsch, 2009).  The board also has a mandate to resolve any disputes that arise, but this function has never been used (Holroyd & Simieritsch, 2009).

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.

The Northwest Territories Public Health Act (2007) was established in 1957.  Fifteen public water supply regulations were added in 1990 to the Act.

There is also Managing Drinking Water Quality in the NWT: a Preventative Framework and Strategy (Government of the Northwest Territories, 2005) but it is unclear if it has been fully implemented.  The framework proposes updates to the Public Health Act (2007) and Public Water Supply Regulations (1990).

The Canada-Wide Strategy for Municipal Wastewater Effluent was approved last February on a national basis.  It gives the "far north" 5 years to research what regulations would be best for the Northwest Territories. 

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

Source water protection and watershed-based planning are proposed in the Northern Voices, Northern Waters (Government of the Northwest Territories and Indian and Northern Affairs Canada, 2010) strategy as well as in the Government of the Northwest Territories (2005) Drinking Water Quality Framework.  Timelines for implementation are not given in the Northern Voices Northern Waters discussion paper.

Source water protection policy does not address protection of First Nations water.

No information available at this time.

The Northwest Territories Water Regulations identify eight activities that require licenses.  These include industrial undertakings, mining and milling undertakings, municipal undertakings, power undertakings, agricultural undertakings, conservation undertakings, recreational undertakings, or miscellaneous undertakings.  Fees are charged where water is extracted under a license.  Addressing environmental concerns in mandatory in the decision making process for an undertaking (Christensen & Magwood, 2005).  These provisions all apply to groundwater but in most cases there are not groundwater uses large enough to trigger the regulations (Christensen & Magwood, 2005).

At this time there does not appear to be any specific stormwater or wastewater policies or strategies.  Improved wastewater treatment is called for in the Northern Voices, Northern Waters (Government of the Northwest Territories and Indian and Northern Affairs Canada, 2010) strategy. 

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

Ensuring sufficient water for ecosystem function is prioritized in the Northern Voices, Northern Waters (Government of the Northwest Territories and Indian and Northern Affairs Canada, 2009) draft strategy.  The water boards also have a mandate to maintain the ecological integrity of the entire basin.

The Northern Voices, Northern Waters (Government of the Northwest Territories and Indian and Northern Affairs Canada, 2010) strategy outline some water conservation and efficiency measures, but there is not a dedicated water conservation and efficiency strategy for the Northwest Territories. For further information go to Alliance for Water Efficiency.

Ensuring sufficient water for ecosystem function is prioritized in the Northern Voices, Northern Waters (Government of the Northwest Territories and Indian and Northern Affairs Canada, 2010) strategy.  The water boards also have a mandate to maintain the ecological integrity of the entire basin.

Any major diversion or use of water requires the issuance of a licence by the appropriate water licensing board and approval by the Minister of Indian Affairs and Northern Development.  Under the current legislation the federal Minister will not approve any licence issued to allow bulk water removal out of a major river basin.

The Northwest Territories Climate Change Impacts and Adaptation Report was published by Government of the Northwest Territories, Department of Environment and Natural Resources in 2008. This report appears to be largely an assessment of current and potential future impacts of climate change in the Northwest Territories and provides possible response options.