The Sustainable Water Well Initiative Business Case Report
April 2011
Appendix 5: Water well regulation in Canada
Groundwater jurisdiction
At the federal level, jurisdiction related to water is related primarily to fisheries and navigation. The
federal government is also responsible for international and interprovincial works, lands reserved
for First Nations, and “peace, order, and good government” nationally. There is no central federal
water law, and federal activity currently focuses on research, national programs and international
affairs. A number of departments are active in water issues; Environment Canada is the primary
federal body active on groundwater quality, Natural Resources Canada takes the lead on
groundwater quantity, and Agriculture and Agri-Food Canada is active through the Sustainable
Water Well Initiative[1].
Primary legislative responsibility for water resources is held at the provincial level, including the
power to make laws governing natural resources and property rights, ownership of public land and
jurisdiction over municipalities. The construction of wells is regulated in all provinces to meet
standards of construction and the requirements for wells have improved dramatically over the past
decades in some parts of Canada. Most provinces provide permits for groundwater use; British
Columbia is the only province that does not require a license for groundwater withdrawals, and this
is currently being reviewed by the province[1]. Provincial permitting does not apply to First Nation
reserves. Many provinces have undertaken reviews of groundwater legislation in the wake of the
Walkerton tragedy and amidst greater environmental awareness internationally[1]. All provinces
and territories claim government ownership of water, with the exception of Ontario and PEI.
Responsibility for groundwater resources is often shared between a number of provincial agencies,
for example, in Ontario the Ministry of the Environment has responsibility for the construction,
maintenance and decommissioning of private wells, the Ministry of Health and Long-Term Care
has responsibility for a sampling program and providing technical advice concerning water quality
for private water systems, and OMAFRA is responsible for promoting water wells best
management practices for agriculture and rural residents[2]. In the North West Territories and
Nunavut, Indian and Northern Affairs Canada (INAC) carries out legislation and policy for water
management; licenses are issued through water licensing boards and approved by the Minister of
Indian Affairs and Northern Development. In the Yukon, the Yukon Water Board is an independent
tribunal that grants water licenses[1]. Local governments require licenses from the province for
water use, but are important in their role with land use planning, which is intrinsically linked with
water availability and demand.
Provincial groundwater regulation
Regulations on groundwater use are primarily set at the provincial level. The regulations create
very different contexts for well owners. For example in BC a license is not required for constructing
and using a well, while PEI, Manitoba, and Ontario have all implemented moratoriums on water
permitting either temporarily or permanently in response to water allocations being regarded as
exceeding sustainable yield. Also, some provinces have permit terms as short as only 1 or 2 years
while others issue licenses in perpetuity (Table 1). Charging for groundwater use in Nova Scotia
and the territories provides an incentive for reducing groundwater use that does not exist in other
provinces. See Table 2 for a detailed outline of provincial regulations related to water wells.
1
Prepared by GW Solutions Inc. for the Agri-Environmental Services Branch of Agriculture and Agri-Food Canada
The Sustainable Water Well Initiative Business Case Report
April 2011
Table 1: Water well regulation across Canada Summary (adapted from Nowlan, 2005[1])
Province /
Territory
Number of
wells
Number of
groundwater
permits
n/a – permits
not required
Quantity
exemption
for permits
No GW
permits
Length of
permit
Priority of uses
BC
SK
100,000+
estimate - well
records not
mandatory
500,000
approx. –
approx. 5000
new wells each
year
Not available
n/a
n/a
Not available –
numbers kept
by regional
offices
Agriculture –
< 6250 m3/yr
First-in-time, first-in-right
(FITFIR)
No
3,600 approx.
Domestic < 5000 m3/yr
Historic licenses
in perpetuity.
New licenses of
1, 2, 10, or 25
yrs
From 5 yrs to in
perpetuity
No priority system
Not available
533 as of
August 2004
Agriculture < 25 m3/day
Irrigation 20 yrs
Livestock 10 yrs
ON
500,000
approx.
2,800
< 50 m3/dayi
From 2 – 10 yrs
QC
Not available
< 75 m3/day
10 yrs
NB
Estimated 3000
new wells each
year
17,000 +
More than 600
catchments >
75 m3/day
Not available
FITFIR – if application
falls on same date the
following priorities:
1) domestic
2) municipal
3) agricultural
4) industrial
5) irrigation
6) other
1) domestic, farm
purposes and fire
protection
2) municipal
3) industrial, commercial,
irrigation
No priority system
Industrial - $0
- $12.50 /
1000 m3
Industrial $0.01 - $0.02
/ 1000 m3
MB
< 50 m3/day
In perpetuity
Not available
None
5 – 10 yrs
100 approx.
with
withdrawals >
23 m3/day
500 - 800
5 approx.
< 23 m3/day
Not to exceed 10
yrs
PEI
YK
97,000 approx.;
estimated 3000
new wells each
year
21,000 approx.
Not available
NWT
Not available
Not available
NUN
Not available
Not available
< 4 L/s
< 100
m3/day
< 100
m3/day
< 100
m3/day
Open-ended
Not to exceed 25
yrs
Not to exceed 25
yrs
Not to exceed 25
yrs
AB
NL
NS
Price
charged for
groundwater
No
No
No
No priority system,
though domestic is
favoured in practice
1) domestic
2) municipal
3) agricultural
4) commercial, industrial,
institutional
5) water and thermal
power generation
6) other
FITFIR with priority to
drinking water
No
No prioritization
FITFIR
No
$1.50 - $2.00
/ 1000 m3
$1.50 - $2.00
/ 1000 m3
$1.50 - $2.00
/ 1000 m3
FITFIR
FITFIR
No
$117 –
143.77 /
1000 m3
Note:
i. There is also a discretionary authority to require a permit for water takings of less than 50 m 3/day where the taking of
water interferes with any public or private interest in any water
2
Prepared by GW Solutions Inc. for the Agri-Environmental Services Branch of Agriculture and Agri-Food Canada
The Sustainable Water Well Initiative Business Case Report
April 2011
Table 2: Water well regulation across Canada (compiled by Harry Rohde, AAFC)
Regulatory Requirement (Wells)
Statute, Regulation, etc.
Section
Alberta
An inspector or the Director may issue a water management order to the person
responsible for a water well where possibility of an adverse effect on the
environment or on human health
Water Act, R.S.A. 2000, c.
W-3
97(1), 136(1)
Water Act, R.S.B.C. 1996,
c. 483
68-82
Groundwater Protection
Regulation, B.C. Reg.
299/2004 (under the Water
Act)
7-14
Drinking Water Protection
Act, S.B.C. 2001, c. 9
16
British Columbia
Regulated aspects of water wells:
o
o
o
o
o
o
o
o
o
o
o
o
o
restrictions on constructing wells, closing wells and related activities
restrictions respecting well pumps and flow tests
qualified well drillers and qualified well pump installers
well reports -water analyses for new or altered wells
well identification
closing or deactivating a well
well caps or well covers
controlling artesian flow
well operation
prohibition on introducing foreign matter into a well
wells on Crown land
drilling authorizations
ground water advisory board
Regulated aspects of water wells:
o
o
o
o
o
o
o
o
surface sealing
well identification
deactivating or closing a well
well caps and well covers
flood proofing of wells
protection of wellhead
temporary wells
change of use or purpose
Wells must be flood-proofed, if required by regulation
36
Restrictions on well-drilling in certain areas
Owner or operator of a well that provides drinking water and identified as at risk
of flooding must flood-proof their well
Drinking Water Protection
Regulation, B.C. Reg.
200/2003
14
Wells must be at least 100 feet from any probable source of contamination, such Sanitary Regulations, B.C. 42
as a privy vault, cesspool, manure heap, stable or pigsty, and at least 20 feet
Reg. 142/59 (O.C. 829/17)
(made under the Health Act)
from any dwelling house, and at least 400 feet from any cemetery or dumping
ground (subject to exceptions)
Manitoba
3
Prepared by GW Solutions Inc. for the Agri-Environmental Services Branch of Agriculture and Agri-Food Canada
The Sustainable Water Well Initiative Business Case Report
Regulates well-drilling (creates licensing regime) and provides for:
o
o
o
o
o
o
access to wells and records
surveys and studies
control of flow from well
pollution of ground waters
order re well abandonment or improper seal or cap
right of entry
Contamination of wells prohibited
April 2011
The Ground Water and
Water Well Act (Manitoba),
C.C.S.M., c. G110
Generally
Protection of Water Sources 2(2)
Regulation, Man. Reg.
326/88R
Wells must be constructed and maintained to prevent contamination of the water, Water Supplies Regulation,
and the medical officer of health or inspector may direct what methods of
M. Reg. 330/88R
construction or materials must be used
Well abandonment regulated medical officer of health may order the
reconstruction, disinfection, or closing of a well where unsafe
6(1),(2)
6(3)
7(2)
8
Disinfection not required in the absence of erratic or high level coliform
contamination or other contaminating factors
Newfoundland and Labrador
o
o
o
o
o
o
o
Part III regulates well drilling, including licensing regime, creating well driller
obligations and responsibilities, permitted rate of withdrawal, protection zone
around a well
Water Resources Act, SNL
2002, W-4.01
53-63
Regulated areas:
Well Drilling Regulations,
2003, N.L.R. 63/03 (Water
Resources Act)
3-7
licensing regime
preventing surface water infiltration; minimum distances from potential
contamination sources
siting, design and appurtenances requirements
water control areas
maintenance and abandonment wells
prohibition on waste disposal
water yield testing
8-11
12-16
17
18
19
20-23
Sewage shall not contaminate a well
Minimum setbacks from well for septic tanks, disposal areas
Sanitation Regulations,
C.N.L.R. 803/96 (under the
Public Health Act)
5(5)
Clean Water Act, S.N.B., c.
C-6.1
11(1)
Sch. 1
New Brunswick
Well driller's report required when well is dug
Owner of well must test water in accordance with regulations supply to
consumers of water that poses a significant health risk prohibited (except from a
private well)
11(2)
13(2)
13(3)-(8)
Minister can take certain steps where water from a well poses a significant health
risk
16
4
Prepared by GW Solutions Inc. for the Agri-Environmental Services Branch of Agriculture and Agri-Food Canada
The Sustainable Water Well Initiative Business Case Report
April 2011
Well drilling requires the appropriate registration, licence, permit or approval in
accordance with the regulations
Well contractor's permit required for anyone who engages in the business of well- Water Well Regulation, N.B. 4, 6
Reg. 9079 (under the Clean
drilling
8
Water Act)
Permit renewable
11
Inspector can require modifications
14
Well location requirements
15-21
Construction standards
22-25
Minimum setback distances, other locational requirements
26-27
Where well not in use
30
Pump installation requirements
32
Well yield must be evaluated
35
Well Drilling Advisory Board created
38
Inspector's orders
Voucher system: Minister issues voucher to well-driller, who gives it to owner,
who then must use voucher to have water tested
Potable Water Regulation, 3-6
N.B. Reg. 93-203 (under the
7ff
Clean Water Act)
Owner must develop a sampling plan for Minister's approval
Different zones created throughout province, in which certain activities that may
threaten groundwater are restricted or prohibited
Wellfield Protected Area
Designation Order, N.B.
Reg. 2000-47
Generally
No well may be constructed without the approval of a district medical health
officer unless it has been approved by the Minister
General Regulation, N.B.
Reg. 88-200 (under the
Health Act)
218
A district medical health officer may order the disinfection or closing of a well or
spring where it is found to be unsafe for drinking or cooking purposes, or where it
is improperly located or constructed or the spring is inadequately protected
219
229
240
Contaminating wells prohibited
256-7
Setbacks from septic tanks
258
Depth requirements
Setbacks from sub-surface disposal field
Northwest Territories
Not referred to specifically, but falls under general sampling and testing
requirements
Duane Fleming (Chief
Environmental Health
Officer, Stanton Territorial
Health Authority)
1
Nova Scotia
5
Prepared by GW Solutions Inc. for the Agri-Environmental Services Branch of Agriculture and Agri-Food Canada
The Sustainable Water Well Initiative Business Case Report
Well drillers must have Certificate of qualification
April 2011
Well Construction
Regulations, N.S. Reg.
58/95 (made under the
Environment Act)
Certificate of qualification requirements
5
6-16
Inspector can require well modification
17
Construction standards, capping, sealing
20-23
Location of wells (incl. minimum distances)
24-33
Abandoned wells
34
Pump installation
38-40
Yield test
41-47
Well Construction Records
48-50
Corrective action to be taken when bacteria found to be present
Guidelines for Monitoring
Public Drinking Water
Supplies
5.4.2
Ontario Water Resources
Act, R.S.O. 1990, c. O.40
35-50
Nunavut
No relevant provisions
Ontario
Subjects:
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
permit required to construct well in designated area
issuance of well construction permit
grounds for refusal to issue, etc., well construction permit
well contractor licence required
issuance of well contractor licence
grounds for refusal to issue well contractor licence
grounds for revocation, etc., of well contractor licence
well technician licence required for the construction of wells
issuance of well technician licence
grounds for refusal to issue well technician licence
grounds for refusal to renew, etc., well technician licence
review, refusal to issue, etc., well permit or licences
interim order, refusal to issue, etc., well permit or licences
expiry of well permit or licences
transfer of well permit or licences
The owner of a drinking-water system that includes a well used as a raw water
Non-Residential and Non10
supply shall ensure that no surface water or other foreign materials enter the well Municipal Seasonal
Residential Systems that Do
Not Serve Designated
Facilities, O. Reg. 252/05
(made under the SDWA)
Regulated areas:
o
o
o
Wells Regulation, R.R.O.
1990, Reg. 903 (made
under the OWRA)
well contractor licence
well technician licence
examination
Generally
6
Prepared by GW Solutions Inc. for the Agri-Environmental Services Branch of Agriculture and Agri-Food Canada
The Sustainable Water Well Initiative Business Case Report
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
April 2011
continuing education
well technicians
assistant well technician
construction requirements
well clusters
location of wells
casing
annular space
disinfection
pump installation
venting
testing of well yield
well maintenance
abandonment
protection of well tag
Prince Edward Island
Well drilling, construction and operation can only be done in accordance with the Environmental Protection
Act, R.S.P.E.I. 1988, c. E-9
regulations
12
Where a municipality is the owner of a public drinking water supply facility, it
must develop a well field protection plan
Drinking Water and
Wastewater Facility
Operating Regulations,
P.E.I. Reg. EC710/04
(under the EPA)
20
Regulated areas:
Water Well Regulations,
P.E.I. Reg. EC188/90
Generally
o
o
o
o
o
o
o
o
o
o
o
o
well driller's and well contractor's licenses
well construction report
well permits
groundwater exploration permits
groundwater extraction permits
general provisions re well construction
location of wells
well design
upon well completion
abandonment
pump installation
restricted areas
Well construction standards
Atlantic Canada Guidelines 2.3.6
for the Supply, Treatment,
2.3.8
Storage, Distribution and
Operation of Drinking Water
Supply Systems (2004)
Wellhead requirements
Quebec
Wells require municipal approval
Groundwater Catchment
Regulation, c. Q-2, r. 1.3
3
Contamination must be avoided
4
Minimum setbacks from wastewater, agricultural areas; floodplains,
5-8
Construction and materials standards, sealing,
9-18
7
Prepared by GW Solutions Inc. for the Agri-Environmental Services Branch of Agriculture and Agri-Food Canada
The Sustainable Water Well Initiative Business Case Report
April 2011
Yield tests, reports, sampling requirements
19-21
Protection areas
24-30
Authorization of the Minister required for high-load systems, systems used to
supply bottled water
31
45
Drilling requirements
63
Municipalities responsible for the application of several parts of regulation
64
Minister of the Environment must every 5 years file a report with the Government
on the application of this Regulation
Saskatchewan
Approval of Saskatchewan Watershed Authority required for construction of wells Saskatchewan Watershed
Authority Act, 2005, S.S.
(except wells used for domestic purposes)
2005, c. S-35.03
No person shall operate a water well drilling machine unless that person or
machine is registered with Saskatchewan Watershed Authority (except wells
constructed for domestic purposes)
59(1)
74
75
77
No person shall do any of the following, except in accordance with the
regulations: (a) undertake a ground water investigation program; (b) drill a water
well; (c) use ground water
Well drillers and owners of wells must ensure wells are sited, constructed and
controlled in accordance with the regulations
Regulated areas:
o
o
o
o
o
o
o
o
o
o
permit for ground water exploration
registration of machines for drilling
drilling and evaluation (notice of drilling, driller's report, logs, yield test,
disinfection)
abandonment of test holes and wells
use of ground water
report completion of well and appurtenant works
licencing of existing works, new works
meters and observation wells
ground water use records
inspection
Municipal wells connected to a distribution system supplying water for hygienic
uses must meet certain disinfection standards Every person who holds an
approval pursuant to The Saskatchewan Watershed Authority Act to construct,
extend, alter or operate a well must ensure it meets construction standards, and
ensure that the water is cleaned and disinfected
Generally
The Ground Water
Regulations, S. Reg. 172/66
(under the Ground Water
Conservation Act
[repealed] [123].)
The Water Regulations,
2002, c. E10.21, M. Reg 1
22
25
No person shall establish, extend, renovate or alter a well or other supply of
Health Hazard Regulations, 5
water intended for public use that is not connected to a distribution system unless R.R.S. c. P-37.1, Reg. 10
6, 7
the owner or operator has obtained written approval to do so from the local
authority
8
Owner of operator of a well or other supply of water intended for public use that
is not connected to a distribution system must ensure water is potable, take steps
to prevent contamination, submit samples for testing
8
Prepared by GW Solutions Inc. for the Agri-Environmental Services Branch of Agriculture and Agri-Food Canada
The Sustainable Water Well Initiative Business Case Report
April 2011
A local authority can require the owner or operator to provide ongoing treatment
if it suspects that a public water supply (incl. a well as above) constitutes a health
hazard
Yukon
No person shall create a condition injurious to health or which is or is likely to
become a public nuisance on any well
Regulations Respecting
Public Health, C.O.
1958/079 (made under the
Every incorporated municipality shall provide maintain one or more wells or other Public Health Act)
sources of water supply for the use of the inhabitants and shall be responsible for
the safety of such supply
6(1)
17
18
19
Every well or other source of water supply for use for human consumption, or in
connection with the manufacture for sale of food or drink, including storage,
handling, intakes, transmission, and outlets shall be subject to inspection and
testing by a Medical Health Officer or Health Officer
Minimum setbacks from sources of pollution; protection from surface water; cover
and seal
Footnotes:
123. These Regulations continue in force under The Saskatchewan Watershed Authority Act, 2005.
References:
1.
2.
Nowlan, L., Buried Treasure: Groundwater Permitting and Pricing in Canada.
2005, The Walter and Duncan Gordon Foundation.
Simpson, H., Promoting the management and protection of private water wells.
Journal of Toxicology and Environmental Health, Part A, 2004. 67: p. 1679-1704.
9
Prepared by GW Solutions Inc. for the Agri-Environmental Services Branch of Agriculture and Agri-Food Canada