1. How is water regulated in Ontario?

The Constitution Act, 1867, which allocates powers to the federal and provincial levels of government, has resulted in shared jurisdiction between Canada and Ontario over water, environmental protection and public health. However, the federal government has focused primarily on its constitutional responsibilty for fisheries and navigation, and for waters that lie on or across international borders, while Ontario has assumed the primary responsibility for water management and drinking water safety.

See the Water Regulation in Canada FAQ.

Ontario uses legislative and non-legislative mechanisms, such as policies and guidelines, to regulate water quality and quantity in the province. The Ontario statutes governing water are primarily administered by the Ontario Ministry of the Environment, which is responsible for overseeing environmental management of air, land, and water in the province, as well as drinking water safety.

However, the Ministry of Natural Resources also has some responsibility for regulating water, primarily because it is the lead conservation and resource management agency. As such, its responsibilities include provincial parks, forests, fish, wildlife, and Crown lands and waters, as well as public safety and emergency response in the case of forest fires, floods and drought.

In addition, Ontario has enacted legislation that confers certain responsibilities on local institutions such as municipalities, boards of health and conservation authorities. This includes public health legislation (the Health Promotion and Protection Act), as well as legislation allocating specific duties with respect to the production and delivery of potable water (the Municipal Act), watershed management (the Conservation Authorities Act) and planning (the Planning Act).

Ontario also shares responsibility with the federal government and the government of Quebec for implementing the Great Lakes Water Quality Agreement between Canada and the United States.

Back to Top

2. What statutes govern water in Ontario?

The principal environmental statutes in Ontario that govern water quantity and quality may be summarized as follows:

• Environmental Protection Act – prohibits discharge of any contaminant to the environment in amounts exceeding limits prescribed by the regulations; prohibits discharge of contaminants into the environment that cause or are likely to cause adverse effects; requires spills of pollutants to be reported and cleaned up promptly and establishes liability on the party at fault; administered by the Ministry of the Environment;
• Lakes and Rivers Improvement Act – generally regulates public and private use of lakes and rivers; regulates construction, repair and use of dams; prohibits deposit of refuse, matter or substances into lakes and rivers contrary to the purposes of the Act; administered by the Ministry of Natural Resources;
• Nutrient Management Act - provides a framework for setting standards for nutrient management on farms; enables the passage of regulations for nutrient management through the creation of farm plans and strategies, and restrictions on other related farm practices; administered by the Ministry of the Environment with the Ministry of Agriculture and Food;
• Ontario Water Resources Act – enables the passage of regulations regarding Ontario’s water supplies; regulates sewage disposal and “sewage works”; prohibits discharge of materials that may impair water; regulates water-taking by requiring permits for the taking of more than 50,000 litres of water per day from a ground or surface source of water; regulates well construction, operation and abandonment; regulates the approval, construction and operation of “water works”; administered by the Ministry of the Environment;
• Public Lands Act – generally regulates the use, management, sale and disposition of public lands and forests; regulates public and private roads on public lands; empowers the province to construct and operate dams; administered by the Ministry of Natural Resources;
• Safe Drinking Water Act – generally regulates drinking water treatment and distribution systems; establishes legally-binding standards for contaminants in drinking water; makes it mandatory to use licensed and accredited laboratories for drinking water testing; makes it mandatory to report adverse test results and to take “corrective action”; requires that drinking water system operators be trained and certified; administered by the Ministry of Environment;
• Sustainable Water and Sewage Systems Act, 2002 – provides the framework for implementing full cost accounting; requires municipalities to assess the costs of water and to develop plans to charge appropriate rates and generate sufficient revenue to finance capital and operating costs of sewer and water systems; administered by the Ministry of Environment;

In addition, there are two pieces of legislation in Ontario that govern the processes by which water-related projects are reviewed and approved. These are:

• Environmental Assessment Act – generally requires environmental assessment of any major public or designated private undertaking; establishes a “Class Environmental Assessment” process for planning certain municipal projects (i.e. water works); administered by the Ministry of Environment;
• Environmental Bill of Rights, 1993 – sets up an Environmental Registry to notify the public of important environmental decisions and to solicite public comment; establishes an independent Environmental Commissioner; gives the public the right to request reviews of inadequate laws, regulations, policies or instruments; gives the public the right to seek an investigation of environmental violations; creates a new civil cause of action; administered by the Ministry of the Environment.

Back to Top

3. How were recent laws in Ontario governing water developed?

Until the summer of 2000, the primary laws governing the use and quality of waters in Ontario were the Ontario Water Resources Act, and the Environmental Protection Act. These two laws were used during the 1970s and 1980s to address point sources of water pollution and to regulate the discharge of contaminants into water. Rather than creating a single comprehensive statute governing water, the Ontario government generally used these two Acts to address problems as they arose. For example, a program to regulate wastewater discharges from various industrial sectors, called the Municipal Industrial Strategy for Abatement (“MISA”), was put into effect using the provisions of the Environmental Protection Act.

In May 2000, however, a decisive event occurred in the province. In the small rural town of Walkerton, Ontario, deadly bacteria carried in animal manure, including the lethal E. coli 0157:H7, infiltrated the public water supply and contaminated the drinking water. Seven people died from waterborne disease and thousands of others became sick. This tragedy compelled the Ontario government to introduce a wide-ranging set of legislative, regulatory and administrative reforms in order to better protect drinking water quality.

One of the most important initiatives was the June 2000 establishment of the Walkerton Commission of Inquiry headed by Mr. Justice Dennis O’Connor, who investigated the circumstances and the failures that led to the tragedy. The mandate of the Inquiry was to determine the cause of the problems in Walkerton, and to make recommendations to enhance the protection of drinking water quality in order to avoid a recurrence of the tragedy.

Mr. Justice O’Connor’s Part One Report of the Walkerton Commission of Inquiry was released in January 2002. It examined the events, physical factors, and systemic failures that caused or contributed to the Walkerton tragedy, and recommended numerous measures that were needed to ensure drinking water safety in Walkerton and elsewhere. At that time, the Premier of Ontario committed the government to implementing all Justice O’Connor’s recommendations. Mr. Justice O’Connor’s Part Two Report of the Walkerton Commission of Inquiry was released in May 2002, and contained 93 recommendations to improve and protect drinking water quality across Ontario. The Ontario government also committed to adopt and implement these wide-ranging recommendations.

As a result of the deaths at Walkerton and the far-reaching Inquiry, the government of Ontario introduced several significant new statutes intended to protect drinking water. The new laws include the Safe Drinking Water Act, the Sustainable Water and Sewage Systems Act, and the Nutrient Management Act. Justice O’Connor also recommended that legislation to protect sources of drinking water be enacted in Ontario. Source protection legislation is currently being developed by two government-appointed committees - a technical committee and an implementation committee.

For more information on protecting sources of drinking water, see the Source Protection FAQ.

The Report of the Walkerton Commission of Inquiry, Parts 1 and 2, is available at:
http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/walkerton/

All Ontario Acts and the Walkerton Reports are also available in print from the Ontario Government Bookstore at: http://pubont.stores.gov.on.ca/pool/

Back to Top

4. What does the Ontario Water Resources Act do?

The Ontario Water Resources Act is the most important law governing water quality and quantity in the province. It is a general water management statute whose origins date back to the 1950s. It applies to both groundwater and surface water.

Administered by the Ministry of the Environment, the Ontario Water Resources Act contains a number of important mechanisms that protect water resources. The Ontario Water Resources Act:

• Prohibits the discharge of polluting material in or near water (section 30);
• Prohibits or regulates the discharge of sewage (section 31);
• Enables the issuance of orders requiring measures to prevent, reduce or alleviate impairment of water quality (section 32);
• Enables the designation and protection of sources of public water supply (section 33);
• Regulates water takings in excess of 50,000 litres a day (section 34);
• Regulates well drilling and construction (sections 36 to 50);
• Requires approvals for water works (section 52);
• Requires approvals for sewage works (section 53);
• Enables the Ontario Clean Water Agency to provide or operate water works or sewage works for municipalities (sections 63 to 73);
• Designates and regulates areas of public water or sewage services (section 74);
• Imposes a duty on corporate officers and directors to take all reasonable care to prevent the corporation from discharging materials into or near water that may impair water quality (section 116);

In addition, regulations under the Ontario Water Resources Act have been enacted on a variety of water-related matters. These include:

• Water taking and transfers (O.Reg. 285/99);
• Exempting minor watermain, sewer or stormwater management projects from approval requirements (O.Reg. 525/98);
• Classifying water works and sewage works, licencing of facility operators and operating standards (O.Reg. 435/93);
• Licencing of well contractors and technicians and requirements for well construction, operation and abandonment (Regulation 903); and
• Contraventions by secured creditors, receivers and trustees in bankruptcy (O.Reg.299/02).

For more information on water taking (O. Reg. 285/99) in Ontario, see the Water Taking FAQ.

The Ontario Water Resources Act makes it an offence to contravene either the Act, regulations, orders, licences, permits or approvals under the Act (section 107). Various penalties -- fines, jail terms, profit-stripping, restitution, restoration orders, forfeiture or licence suspension -- may be imposed against individuals or corporations convicted under the Act (sections 108 to 112). In addition to prosecution, administrative penalties may be available (section 106.1).

Back to Top

5. What does the Environmental Protection Act do?

The Environmental Protection Act is the principal pollution control statute in Ontario. It is used interchangeably with the Ontario Water Resources Act to address sources of water pollution. Administered by the Ministry of the Environment, the Act contains a number of general provisions that can be used to protect surface water and groundwater against contamination.

The Environmental Protection Act:

• Prohibits discharges of contaminants into the natural environment in an amount, concentration or level in excess of prescribed regulatory standards (section 6);
• Authorizes the issuance of binding administrative orders to prevent, control, minimize or remediate discharges of contaminants into the natural environment (sections 7 to 12, sections 17 to 18, section 97, Part XI and Part XIV);
• Prohibits the discharge of contaminants into the natural environment that cause or are likely to cause an adverse effect (section 14);
• Regulates the approval, construction, operation and closure of waste disposal sites and waste management systems (Part V);
• Imposes duties to report and clean up pollutant spills and imposes civil liability for loss or damage arising from spills (Part X);
• Authorizes conditions of approval (including permits and approvals under the Ontario Water Resources Act) which require proponents to provide financial assurance to secure performance of environmental protection measures (Part XII);
• Imposes a duty on corporate officers and directors to take all reasonable care to prevent the corporation from causing or permitting unlawful discharges of contaminants into the natural environment (section 194).

In addition, the Environmental Protection Act creates broad regulation-making authority on a long list of environmental matters (sections 175.1 to 177). This authority has been used to enact water-related regulations such as:

• Deep Well Disposal (Regulation 341),
• Discharge of Sewage from Pleasure Boats (Regulation 343),
• Marina Facilities (Regulation 351),
• Sewage Systems (Regulations 358 and 359).

The Ministry of the Environment has also used the Environmental Protection Act, rather than the Ontario Water Resources Act, to enact regulations for limiting discharges into waterways from different industrial sectors. Under the Municipal Industrial Strategy for Abatement (MISA) program, regulations have been set to control pollution from the petroleum industry in Ontario, the pulp and paper industry, metal mining, industrial metals, metal casting, organic chemical and manufacturing, inorganic chemical industry, iron and steel manufacturing industry and the electrical power generating industry.

The Environmental Protection Act makes it an offence to contravene either the Act, regulations, orders, licences, permits or approvals under the Act (section 186). Various penalties – fines, jail terms, profit stripping, restitution, remedial orders, forfeiture or licence suspension – may be imposed against individuals or corporations upon conviction under the Environmental Protection Act (sections 187 to 193). Administrative penalties may also be available (section 182.1).

Back to Top

6. What does the Environmental Assessment Act do?

The Environmental Assessment Act, administered by the Ministry of the Environnment, is Ontario's primary environmental planning statute.

The general rule is that public sector undertakings (such as provincial or municipal projects) are caught by the Environmental Assessment Act unless exempted. Conversely, private sector undertakings are not caught by the Environmental Assessment Act unless they are specifically designated by regulations as undertakings to which the Act applies. For example, private proposals to establish or expand waste disposal sites are typically designated under the Act.

If caught by the Act, proponents are generally required to identify and evaluate ecological, social, cultural and economic impacts that may be caused by the undertaking and its alternatives.. Such undertakings cannot proceed unless the proponent completes the required environmental assessment with agency and public input, and receives approval to proceed from the Minister of the Environment. The Minister may reject environmentally unsound undertakings, or may approve environmentally sound undertakings, subject to terms and conditions which prevent, reduce or mitigate adverse environmental effects. The Minister also has the power to refer the matter, in whole or in part, to the Environmental Review Tribunal for public hearings.

In addition, the Ministry of the Environment has used the Environmental Assessment Act to approve "Class Environmental Assessments", which prescribe streamlined planning procedures for certain defined classes of projects. Unlike the individual environmental assessment process, the proponent of a class environmental assessment project follows the prescribed planning process without the need for project-specific approval from the Minister of the Environment or the Environmental Review Tribunal. Most class environmental assessments, however, include "bump up" provisions which allow the Minister to order proponents to carry out an individual assessment of particularly significant or controversial projects.

The Minister of the Environment has approved a class environmental assessment process for municipal road, water, and sewage and stormwater projects. For water projects, the purpose of the municipal class environmental assessment is to ensure that projects will be "undertaken to address problems affecting the operation and efficiency of existing water systems, to accommodate future growth of communities, or to address water source contamination problems".

Back to Top

7. What does the Environmental Bill of Rights, 1993 do?

The Environmental Bill of Rights, 1993 is a procedural statute designed to ensure public participation in environmental decision-making, increase governmental accountability for environmental decision-making, and increase citizens’ access to the courts for environmental protection. Although the Environmental Bill of Rights does not specifically regulate water, many of its mechanisms may be used by the public to address water quality and quantity issues.

The Environmental Bill of Rights:

• Establishes an electronic registry to provide information to the public about environmental matters (section 5 and 6);
• Requires certain ministries (such as Environment, Natural Resources, Health, Agriculture and Food) to develop “Statements of Environmental Values” which explain how they intend to apply the purposes of the Environmental Bill of Rights in their decision-making (sections 7 to 11);
• Requires certain ministries to provide public notice and comment opportunities in relation to proposed laws, regulations, instruments or policies that are environmentally significant (sections 12 to 37);
• Creates a public right to seek leave to appeal certain instruments to an appellate body under certain circumstances (sections 38 to 48);
• Establishes an independent Environmental Commissioner who monitors, investigates and reports upon governmental compliance with the Environmental Bill of Rights (Part III);
• Creates a public right to seek a review, repeal or revocation of existing laws, regulations, instruments or policies on the grounds that they are inadequate to protect the environment (Part IV);
• Creates a public right to seek an investigation of suspected contraventions of prescribed laws, regulations or instruments (Part V);
• Creates a new civil cause of action to protect “public resources” against unlawful conduct causing significant environmental harm (sections 82 to 102);
• Enhances the ability of persons to sue in relation to public nuisances causing environmental harm (section 103), and
• Expands “whistle-blower” protections for employees who report environmental misconduct by their employers (Part VII).

Pursuant to Part III of the Environmental Bill of Rights, the Environmental Commissioner of Ontario files annual reports with the Ontario Legislature. In these reports, the Commissioner has raised concerns about drinking water and permits to take water. A special report filed in July 2000 by the Environmental Commissioner in the wake of the Walkerton tragedy expressed concerns about the problems of groundwater contamination from intensive farming.

Back to Top

8. What does the Nutrient Management Act, 2002 do?

Enacted in June 2002, the Nutrient Management Act, 2002 is intended to control nutrients on farms so that they do not enter surface water or infiltrate groundwater. It is also designed to control pollution from biosolids (i.e. sludge from sewage treatment plants) when they are spread on land. The Act is administered by both the Ministry of the Environment and the Ministry of Agriculture and Food.

A general regulation (O.Reg.267/03) has been passed under the Nutrient Management Act in order to set out requirements regarding the application (and phasing-in) of the Act; the development and approval of nutrient management strategies and plans; and standards respecting land application, facility siting and construction, and sampling and analysis.

For more information on the Nutrient Management Act and its regulation, see the Nutrient Management Act FAQ.

For more information on biosolids and septage, see the Biosolids and Septage FAQ.

Back to Top

9. What does the Safe Drinking Water Act, 2002 do?

Enacted in December 2002, the Safe Drinking Water Act, 2002 establishes a regulatory regime for drinking water protection. However, the Act is largely focused on the treatment and distribution of drinking water, and does not address protecting sources of drinking water. Under this Act, a comprehensive regulation has been passed to establish standards for contaminants in drinking water. A number of other key implementation regulations (i.e. definitions, drinking water systems, testing services, etc.) have been passed under the Act.

For more information on the Safe Drinking Water Act and its regulations, see the Safe Drinking Water Act FAQ and the Drinking Water Quality Standards FAQ.

Back to Top

10. What does the Sustainable Water and Sewage Systems Act do?

Enacted in December 2002, the Sustainable Water and Sewage Systems Act requires municipalities to identify and recover the costs necessary to sustain water and sewer services. In particular, municipalities must assess the costs in a full cost report, and then develop a plan to recover the costs.

For more information on the Sustainable Water and Sewage Systems Act, see the Water Financing FAQ.

Back to Top

11. How are administrative instruments used to regulate water in Ontario?

In general, there are three key instruments that are used in Ontario to address sources of pollution: (i) certificates of approval; (ii) program approvals; and (iii) orders :

• Certificates of approval are issued by the Ministry of the Environment under legislation such as the Environmental Protection Act or the Ontario Water Resources Act. These approvals describe the terms and conditions under which an activity, such as discharging effluent into a waterway, may be carried out. The terms and conditions have the force of law. There are statutory rights of appeal against the issuance (or refusal) of certificates of approval (or terms and conditions thereunder) that are available to the approval applicant and members of the public (see Answer #12).
• Program approvals are used to set up “voluntary agreements” between the Ministry and a company. The company must agree to adopt a defined program of pollution reduction or control during a specific time frame. If the Ministry approves the program, and if the company remains in compliance with the approved program, then the Environmental Protection Act provides that the company cannot be convicted for subsequent offences involving matters dealt with by the program approval.
• Ontario’s environmental legislation establishes a variety of legally enforceable orders that may be issued by Ministry officials. For example, “control orders” may be issued to compel a polluter to correct a specific environmental problem. Control orders may require that certain discharges be stopped or that certain equipment be installed, but the polluter may be given time to do studies and phase out an activity. “Stop orders” may require that the polluter immediately stop an activity that poses an immediate danger to human health or property. In addition, “remedial orders” may be issued to require a clean up of environmental harm, and “preventive orders” may be issued to prevent environmental harm from occurring. There are statutory rights of appeal respecting the issuance of orders that are available to the orderee and members of the public (see Answer #12).

Back to Top

12. What opportunities are there to appeal environmental decisions in Ontario?

The independent Environmental Review Tribunal has jurisdiction to hold public hearings regarding appeals against certain Ministry of the Environment decisions (i.e. to issue orders or approvals) under the Environmental Protection Act, Ontario Water Resources Act, and Pesticides Act. Traditionally, only approval applicants or orderees had the right to appeal such decisions. However, under Part II of the Environmental Bill of Rights, concerned members of the public may also seek leave to appeal to the Tribunal, provided that they can demonstrate that the Ministry’s decision was unreasonable and could result in significant environmental harm.

Under Ontario’s Environmental Assessment Act, the Environmental Review Tribunal also has jurisdiction to hold public hearings to assess the environmental impacts of undertakings caught, and to decide whether the proponent should be granted approval to proceed, with or without terms and conditions. It should be noted that there is no absolute right to a public hearing under the Environmental Assessment Act; instead, the Minister of the Environment has discretion whether to refer a matter, in whole or in part, to the Tribunal for a public hearing and decision.

Back to Top

13. What non-legislative mechanisms are used for water management in Ontario?

The Ministry of the Environment has developed an extensive policy framework consisting of guidelines, objectives, manuals and codes of practice that are important tools for managing the province’s water resources. In general terms, these non-legislative tools are taken into account when the Ministry is deciding whether to grant approvals or issue orders.

In the context of water, one of the most important documents is “Water Management – Policies, Guidelines and Provincial Water Quality Objectives” (Guideline B-1-3). This document gives direction on how to manage the quality and quantity of both surface and groundwater. The Provincial Water Quality Objectives, found in this document, are numerical and narrative criteria for chemical and physical characteristics of water. They are set at levels intended to protect all forms of aquatic life, and are used to regulate waste discharges into water.

Other documents that provide guidance, and affect the overall management of water in Ontario, include:

• Protection and management of aquatic sediment quality (Guideline B-1-3),
• Fill quality guidelines for lakefilling (Guideline B-1-4),
• Resolution of well water quality problems resulting from winter road maintenance (Guideline B-3),
• Evaluation of construction activities impacting water resources (Guideline B-6),
• Incorporation of “reasonable use” concept in groundwater management activities (Guideline B-7),
• Determination of contaminant limits and attenuation zones (Guideline B-7-1),
• Resolution of groundwater quality interference problems (Guidelines B-9),
• Potable water storage structures (Guideline B-12),
• Design of water supply systems for small residential developments (Guideline B-14-2),
• Use and storage of pesticides at water works (Guideline B-15),
• Planning for sewage and water services (Guideline D-5),
• Application of municipal responsibility for communal water and sewage services (Guideline D-5-2),
• Servicing options statement (Guideline D-5-3),
• Water quality impact risk assesment for individual on-site sewage systems (Guideline D-5-4),
• Treatment levels for municipal and private sewage works discharging to surface waters (Guidelines F-5 to F-5-5),
• Separation distances for sewer and watemain construction (Guidelines F-6 and F-6-1),
• Phosphorus removal facilities at municipal, institutional and private sewage treatment works (Guidelines F-8 and F-8-1),
• Use of holding tanks in sewage systems (Guideline F-9) and
• Sampling and analysis requirements for municipal and private sewage treatment works (Guidelines F-10 and F-10-1).

For a complete list of all policy directives on water (including drinking water) or in other areas (i.e. waste management), see the Ministry of the Environment’s Manuals and Guidelines Catalogue.

Back to Top

14. What role does the government of Ontario play with respect to international agreements such as the Great Lakes Water Quality Agreement?

Under the Great Lakes Water Quality Agreement, first signed in 1972 by Canada and the United States, the two governments agreed “to restore and maintain the chemical, physical and biological integrity of the waters of the Great Lakes Basin Ecosystem”.

Four of the five Great Lakes are within the borders of Ontario, and Ontario’s environmental policies and programs directly affect the quality and quantity of the lakes. Therefore, Ontario shares the responsibility with the federal government for implementing the Great Lakes Water Quality Agreement. This has been formalized in another agreement between the federal government and Ontario – “Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem”.

As well, Ontario has signed another separate agreement with the province of Quebec and the eight states bordering the Great Lakes called the Great Lakes Charter. This agreement outlines principles for the collective management of the Great Lakes.

For more information on Ontario’s role in international agreements, see Great Lakes and St. Lawrence Ecosystem FAQ.

Back to Top

15. What provincial laws give municipalities responsibility for water management?

Ontario has enacted a number of laws creating, empowering and regulating local institutions with respect to water management and public health – municipal corporations, conservation authorities and medical officers of health. Some of the important laws that affect water quality and quantity at the local level may be summarized as follows:

Municipal Act, 2001

Municipal governments in Ontario are regulated by the Municipal Act, 2001, administered by the Ministry of Municipal Affairs and Housing. The Municipal Act, 2001 contains a comprehensive code for the creation, expansion, restructuring and dissolution of municipalities in Ontario. It also prescribes the composition, duties and meeting requirements of municipal councils, and establishes various officers of the municipal corporation).

The Act allows municipalities to construct and operate municipal sewer and water systems, and empowers municipalities to enact and enforce by-laws on a wide variety of water-related matters, such as industrial discharges into municipal sewers.Another important municipal power is the authority to set water rates. This is directly affected by the new provincial legislation, the Sustainable Water and Sewage Systems Act.

More specifically, the Municipal Act, 2001 allows municipalities to pass by-laws in relation to:

• Waste management, public utilities (i.e. sewage/water services), and drainage and flood control (Parts II and III);
• Health, safety and nuisance matters (sections 115 to 134); and
• Natural environment (i.e. trees, energy conservation)(sections 135 to 147).

In addition, the Municipal Act, 2001 broadly empowers municipalities to “regulate matters not specifically provided for in this Act or other Acts for purposes related to the health, safety and well-being of the inhabitants of the municipality” (section 130). This provision has recently been judicially interpreted to allow municipalities to regulate pesticide usage.

Persons convicted of offences under by-laws passed under the Municipal Act, 2001 face fines and prohibition orders Part XIV). In addition, the Municipal Act, 2001 provides that local ratepayers may bring civil actions to restrain contraventions of municipal by-laws (section 443).

Conservation Authorities Act

Administered by the Ministry of Natural Resources, the Conservation Authorities Act establishes a statutory framework for the creation, funding and operation of local or regional Conservation Authorities within Ontario. The Conservation Authorities Act gives the Conservation Authorities the mandate to undertake “a program designed to further conservation, restoration, development and management of natural resources” (section 20).

Conservation Authorities have been established throughout the province in many major watershed areas. Because of their long history and their unique involvement in watershed-based management, Justice O’Connor recommended that the Conservation Authorities take the lead in developing local watershed-based source protection plans.

Many provisions in the Conservation Authorities Act directly affect surface and groundwater. The Act:

• Enables the establishment of a Conservation Authority a the request of municipalities within a watershed (sections 2 and 3) or adjoining watersheds (sections 8 to 9),
• Specifies procedural requirements respecting municipal representation on the Conservation Authority (section 14),
• Empowers Conservation Authorities to undertake watershed management programs, acquire or expropriate lands, enter into landowner agreements, construct dams or reservoirs, and undertake flood control or watercourse diversion projects (section 21),
• Authorizes Conservation Authorities to make capital expenditures and apportion costs and expenses among participating municipalities (sections 25 to 27),
• Empowers Conservation Authorities to make regulations which restrict or regulate water use, prohibit or regulate watercourse diversion or channelization projects, and prohibit or regulate development which may affect flood control, erosion, pollution or land conservation (section 28),
• Empowers Conservation Authorities to make regulations respecting the use of their lands or facilities (section 29).

Health Promotion and Protection Act

The purpose of the Health Promotion and Protection Act, administered by the Ministry of Health, is to organize and deliver public health programs, to prevent the spread of disease and to promote and protect health (section 2). It contains important provisions that require the investigation, reporting and reduction of waterborne diseases in Ontario.

The Medical Officer of Health has an important role with respect to protecting citizens from waterborne disease and avoiding tragedies like Walkerton. When bacteria detected in water supplies is deemed to pose a threat to health, the Medical Officer of Health may impose a boil water order or take other action to prevent exposure to a health hazard. The Health Promotion and Prevention Act:

• Creates boards of health for each local health unit (Part VI) and requires boards of health to undertake public health programs and services for local residents (sections 4 and 5),
• Requires each board of health to hire a full-time medical officer of health (section 62),
• Imposes a mandatory duty upon the medical officer of health to carry out inspections for the purposes of preventing, eliminating and decreasing the effects of “health hazards” within the health unit (section 10),
• Requires the medical officer of health to keep informed on matters related to environmental health (section 12),
• Empowers the medical officer of health to issue written orders requiring persons to take actions in relation to a health hazard (section 13),
• Requires owners of residential buildings to provide potable water for residents of the building (section 20),
• Imposes a duty upon physicians, health laboratories and other institutions to notify the medical officer of health about “reportable diseases” they have detected or suspected (sections 25 to 30),
• Gives medical officers of health and public health inspectors broad rights of entry, investigation and sampling (section 41),
• Empowers the Minister of Health to investigate causes of disease or mortality in Ontario (section 78) and to establish public health laboratories (section 79),
• Enables the passage of regulations on various public health matters, including potable water (section 96(3)).

Persons convicted of offences under the Health Promotion and Protection Act face small fines and prohibition orders (sections 100 to 102).

Planning Act

The purposes of the Planning Act, administered by the Ministry of Municipal Affairs and Housing, include promoting "sustainable economic development in a healthy natural environment". The Act enables municipalities to regulate land use and development at the local or regional level, subject to a provincial policy framework.

A number of provisions in the Planning Act can be used by municipalities to protect aquifers or surface watercourses. They include:

• Declaring a provincial interest in protecting ecological systems and functions, conserving natural resources, ensuring the supply and efficient use of water, ensuring adequate provision of sewage and water services, ensuring the orderly development of safe and healthy communities, and protecting public health and safety (section 2);
• Enabling the provincial government to issue policy statements on matters of provincial interest, and requiring municipalities to have regard for such policy statements (section 3);
• Establishing procedures for the preparation, approval, appeal and amendment of municipal Official Plans, which provide long-term planning direction (Part III);
• Prohibiting the undertaking of public works, or the passage of by-laws, that are not in conformity with an approved Official Plan (section 24);
• Establishing procedures for the preparation, approval, appeal and amendment of zoning by-laws, holding by-laws, interim control by-laws, site plan control by-laws, and other related by-laws (Part V);
• Empowering municipalities to prohibit or restrict the use of land, or the erection or use of buildings or structures, particularly in areas containing significant natural heritage or land that is "a sensitive groundwater recharge area, or headwater area, or land that contains a sensitive aquifer" (section 34(1));
• Empowering the Minister of Municipal Affairs and Housing to exercise zoning and subdivision control powers on any lands in Ontario (section 47); and
• Establishing procedures for the preparation, approval, appeal, and amendment of plans of subdivision (Part VI).

Persons convicted of offences under the Planning Act face fines and prohibition orders (section 67).

Back to Top

16. What are the views of the Canadian Environmental Law Association on the regulation of water in Ontario?

The Canadian Environmental Law Association (CELA) was established in 1970 with a mandate to protect the environment using existing laws and to advocate environmental law reform. CELA has numerous publications that address the need to protect and conserve the quality and quantity of Ontario’s surface water and groundwater resources. These documents can be found at: http://www.cela.ca/publist.htm

Back to Top

17. How do I find out more about Ontario laws?

The full text of all Ontario laws can be found at: http://www.e-laws.gov.on.ca

For more information on the water-related policies and programs of the Ministry of the Environment, see:
http://www.ene.gov.on.ca/water.htm

For more information on the water-related policies and programs of the Ministry of Natural Resources, see:
http://www.mnr.gov.on.ca/MNR/water

Back to Top

18. How is water regulated in the other provinces and territories?

For a starting point to researching water regulation in the other provinces and territories, see: http://www.ec.gc.ca/water/en/policy/prov/e_prov.htm

The Canadian Water and Wastewater Association also provides summaries of water-related legislation in Canada and the provinces and territories at: http://www.cwwa.ca/legislation/

Back to Top