Yukon Water Policy Data

The Waters Act (2003), revised in 2007, is the key piece of legislation that controls water allocation, licensing, and direct and indirect water use. The Act also administers the management of water resources in the province. Furthermore, it established the Yukon Water Board that is tasked with overseeing the conservation, development, and utilization of waters for the ultimate benefit of Yukon residents and Canadians in general.

Public Health and Safety Act (2002) deals with public health concerns such as sewage disposal and drinking water. Other legislation important to the management of Yukon waters includes and the Environment Act (2002). 

Environment Yukon enforces the Waters Act (2003) and water licenses.  It is also mandated to do water-related strategic planning, policy development and implementation; to do regional water quality or quantity monitoring and research; and to provide expert technical advice regionally and nationally.

The Yukon Water Board is an independent administrative body established under the Waters Act (2003). The board issues water use licenses for the use of water and the deposit of waste into water.

Yukon Health and Social Services regulates drinking water and private sewage disposal. 

The Government of Yukon, Department of Community Services and, to a lesser extent, the Department of Highways and Public Works manages water and sewage provision in unincorporated communities. The former is also mandated to oversee the project management services for community infrastructure (i.e., water and wastewater).

The Government of Yukon, Department of Energy, Mines and Resources regulates placer mining activities that impact water.  

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A water licence application can be completed under Schedule 4 of the Waters Regulations (2003). The Yukon Water Board, established under section 8 of the Waters Act (2003), is the agency responsible for water allocation. There is an application fee to apply for a water licence as well as fees for water use (Waters Regulations, 2003, § 8). The public is able to provide comments on water licence applications after the application is publicized with the “day fixed for a public hearing … at least thirty five days after” first providing notification (Waters Act, 2003, § 21).

The Yukon Water Board cannot put conditions in water licences that are contrary to a Decision Document issued under Yukon Environmental and Socio Economic Assessment Act (2005). Water licences are issued for a variety of undertakings, such as placer and quartz mining, municipal use, power, agricultural, industrial, miscellaneous, recreational, and conservation. The maximum duration of licenses is 25 years (Waters Act, 2003, § 12[1]).

Water licenses are subject to a “first in time, first in right” process. Whichever licence was filed first gets precedence for the water use (Waters Act, 2003, § 27[1]). You can sell your water licence to a new owner with approval from the Yukon Water Board (Waters Regulation, 2003, § 9[1]; Waters Act, 2003, § 27[1]). An assigned licence is deemed a continuation of the previous license (Waters Act, 2003, § 27[3]).

There are penalties and fines under the Waters Act (2003).  For type A water licences there is a fine of up to $100,000, imprisonment up to one year, or both. For type B water licences there is a fine up to $15 000, imprisonment up to six months, or both. If there is water use or waste deposited into water without a licence in contravening the Act, the penalty will be the same as type A licences (Waters Act, 2003, § 38).

There is no limit mentioned for the amount of water that can be used under the authority of a water license under the Waters Regulation (2003).  The Waters Regulations schedules 5 through 10 outline indirect water use thresholds and use of specific water quantities per day for specific undertakings that would require a water license. Below are examples of daily water uses that would require a water licence:

Schedule 5:            Industrial

1(a)     Oil and Gas: Over 100 m³/day: type B license

1(b)    Any other Industrial Undertaking: Between 100 m³/day and
300 m³/day: type B license; Over 300 m³/day: type A license

Schedule 6:            Placer Mining: Over 300 m³/day: type B license

Schedule 7:            Quartz Mining: Over 300 m³/day: type B license

Schedule 8:            Municipal: Over 100 m³/day: type B license

Schedule 9:   Power: All power undertaking class sizes require water license- The type of licence is based on class size (0 through 6)

Schedule 10:   Agricultural, Conservation, Recreational and Miscellaneous Undertakings: Over 300 m³/day: type B license

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 Environment Act (2002) requires a State of the Environment Report to be completed once every three years, with interim reports in the intervening years (§ 47). This report provides data on stream flows, lake levels and groundwater aquifers, and water quality monitoring.

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

Water Quality Trend Monitoring

In 2005, Environment Yukon's Water Quality Unit and Environment Canada's Pacific-Yukon Water Quality Monitoring and Surveillance group began monitoring four new river monitoring stations: Klondike River, McQuesten River downstream of the Keno mining district, and Yukon River upstream, and downstream of Whitehorse. A station at Rose Creek above Anvil Creek in Faro was added in 2008. These complement five existing stations in the Liard, Peel, and Alsek Basins.

Water Quality Objectives Monitoring

As part of water quality objectives monitoring for the Fish Habitat Management System for Yukon Placer Mining (2008), the Government of Yukon, Department of Energy, Mines and Resources' Client Services and Inspections Unit conducts regular sampling in watersheds affected by placer mining, focusing on four primary and four secondary target watersheds each year. To date results have been reported for Big Creek, Forty Mile River, Indian River, Klondike River, Mayo Lake, McQuesten River, Sixty Mile River, Stewart River, White River, Yukon River North, and Yukon River South.

Yukon River Water Quality Monitoring and Climate Change Project

The Yukon River Inter-Tribal Watershed Council in collaboration with the United States Geological Survey conducts water quality sampling throughout the Yukon River Basin as part of the Water Quality Monitoring and Climate Change Project. Yukon monitoring sites are located in Carcross, Carmacks, Dawson, Mayo, Teslin, and Whitehorse.

Canada-Yukon Water Quantity Monitoring Network

The Canada-Yukon Water Quantity Monitoring Network is part of a Canada-wide program that provides accurate, timely, and standardized data and information on the current and historic availability of surface water. The network is run by Water Survey of Canada and co-shared by the Yukon and Canadian Governments. There are 50 active stations in the Yukon, of which 23 are regional water quantity stations (costs shared 50/50) and 7 are territorial stations.

Yukon Hydrometric Network

Environment Yukon's Hydrology Unit operates a hydrometric network for small drainage basins (<500 km²). There are currently 14 stations on small rivers and creeks in three of the territory's major watersheds (Alsek, Liard, and Yukon) for which discharge is published, and the Yukon River at Dawson hydrometric station, which records stage only.

Yukon Meteorological and Snow Survey Network

The Hydrology Unit runs a Meteorological and Snow Survey Network. Snow pillow stations are established within the upper Pelly River, Stewart, and Yukon basins, while measurements are taken three times annually (March 1, April 1, and May 1) for 62 active snow courses in all 6 of Yukon's major basins.  Snow survey and meteorological data are summarized in the Yukon Snow Survey Bulletin and Water Supply Forecasts prepared and issued by the Unit after each of the sampling dates.

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

Yukon is part of the Mackenzie River Basin Transboundary Waters Master Agreement  (1997) along with Canada, British Columbia, Alberta, Saskatchewan, and the Northwest Territories. Under the auspices of the Mackenzie River Basin Board, Yukon and the Northwest Territories developed and signed the Yukon-Northwest Territories Transboundary Water Management Agreement (2002).

Additionally, in the Umbrella Agreement (1993) chap. 14, §14.10) covers inter-jurisdictional agreements. It states that the Canadian Government will make best efforts to negotiate water management agreements with other jurisdictions which share drainage basins with the Yukon. Similarly, the Government will help in negotiations in the management of water in a shared drainage basin within those Yukon First Nations' Traditional Territories.

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 Drinking Water Regulation, under the Public Health and Safety Act (2002), was enacted in 2007. It contains regulatory requirements for the operation of large public drinking water systems and bulk delivery of drinking water.

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

Since source water protection is in the early stages in the Yukon, there are no specific policies or departments designated to manage source water. Other than the First Nations Water Management Strategy (2003), there are few policies that directly address source water protection. Various policies and legislation address water quality, such as the Drinking Water Regulation, under the Public Health and Safety Act (2002); First Nations Water Management Strategy (2003); Protocol for Safe Drinking Water in First Nations Communities (2006); and the Waters Act and Waters Regulations (2003).

Chapter 14 of the Umbrella Agreement (1993) outlines responsibility for water management under the Waters Act (2003). The care and control of water resources through the administration of the Waters Act (2003) was devolved to the Yukon Government. Control over the provision of drinking water systems, however, has always been the responsibility of Yukon's Department of Community Services.

While the Board has no direct responsibility over land resource management, it manages the administration of water licenses required for water use. Source water protection is indirectly addressed through conditions of the license such as those preventing depositing of waste above specific thresholds.  Since the First Nations have responsibility over land and water management in their territories, Indian and Northern Affairs Canada supports these communities in developing source water protection plans. The regulation of drinking water quality and adequacy of systems, fall under the Department of Health and Social Services. This department enforces the Public Health and Safety Act (2002), parts of which address source water quality for large public drinking water systems.

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

Developing drinking water from groundwater sources must be done at certain distances from listed sources of pollution (Drinking Water Regulation, 2003, § 9). The Drinking Water Regulation requires that wells servicing Large Public Drinking Water Systems be installed and decommissioned according to the Guidelines for Water Well Construction as recommended by the Canadian Ground Water Association (1995).

TheYukon Water Board is responsible for groundwater licensing under the Waters Act (2003), regulated by Waters Regulation (2003). There is no authorization required for domestic water use (Waters Act, 2003, § 6).

Annual reporting requirements are by location, source, and purpose of extraction (Waters Regulation, 2003, § 6). Licensees must also provide information about the quantity of water abstracted.

The Yukon Water Board must provide notice of each application (Waters Act, 2003 § 21). A public hearing may be held to solicit public opinion (§ 21). Appeals may be made to the Supreme Court within 45 days of the decision (§ 26). A database is accessible to the public which provides all permitting information (§ 23).

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

There is the Sewage Disposal Systems Regulation (1999) under the Public Health and Safety Act (2002).  Additionally, under the Public Health and Safety Act, the Commissioner in Executive Council may make regulations respecting public health and sanitation (including sewers and sewage systems).

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

There is no explicit reference to ecosystem quality needs. However, ecosystems are protected through regulation of water abstraction and waste deposits into watercourses (Waters Act, 2003, Waters Regulations, 2003). There are no explicit references to environmental flows or water quality. Similarly, in the Environment Act (2002) ecosystem quality needs are not outlined, but the aims of the Act include the conservation of the natural environment (§ 38).

There is currently no water conservation plan or strategy in place. However, in the Yukon Government Climate Change Action Plan (Yukon Government, 2008) lists ways to reduce your emissions, which include water conservation actions. The emphasis is on water conservation for domestic use (e.g., low-flow faucets).

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

Learn more about Yukon's conservation initiatives and requirements from the Alliance for Water Efficiency.

There are no specific aquatic ecosystem protections/mechanisms in the legislation. However, aquatic ecosystems are defined under "environment" in the Environment Act  (2002) which aims to conserve the natural environment (§ 38).

The Yukon Government has developed an interim policy statement for use in the territory based on the Indian and Northern Affairs Canada (2003) policy statement, which prohibits bulk water removals from the major river basins of the three territories.

The Government Climate Change Action Plan (Yukon Government, 2008) included an action to complete a water resources risk and vulnerability assessment (both water quantity and quality).  Yukon Water: A Summary of Climate Change Vulnerabilities (Yukon Government, 2011) the potential impacts of climate change on water resources and water users and identifies monitoring gap.