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Key freshwater-related laws, regulations and policies  

Freshwater management in Canada is a shared responsibility across four orders of government: federal, Indigenous, provincial or territorial, and regional or local. The information below outlines the authorities of the Canada Water Agency and Environment and Climate Change Canada (ECCC).

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Canada Water Agency – Legislation

The Canada Water Agency is responsible for the following freshwater-related legislation:

  • The Canada Water Agency Act establishes the Canada Water Agency as a standalone federal agency, with a mandate to assist the Minister of the Environment in exercising or performing their powers, duties and functions related to fresh water.

  • The Canada Water Act provides an enabling framework for collaboration among the federal and provincial/territorial governments, including consultation, agreements, and programs

Environment and Climate Change Canada – Legislation

ECCC is responsible for the following freshwater-related legislation:

  • The Department of the Environment Act, identifies ECCC as the lead department within the federal government on water issues in areas not designated to other departments, boards, or agencies (including the Canada Water Agency).
  • Section 36(3) of the Fisheries Act and the Migratory Birds Convention Act, 1994 both have strong general prohibitions against pollution. 
  • The Canadian Environmental Protection Act, 1999 provides tools to help prevent freshwater pollution through its provisions to protect the environment from the environmental and human health impacts of a wide range of pollution sources, such as chemicals, animate products of biotechnology, vehicles, engines, equipment, hazardous waste and environmental emergencies.
  • The International River Improvements Act aims to protect Canadian interests in international river basins and ensure that Canada can meet its obligations under the Boundary Waters Treaty of 1909. It requires a license for dams, reservoirs, or other works on rivers that may alter the flow of rivers flowing into the United States (US).
  •  The Lake of the Woods Control Board Act defines the purpose and powers of the Lake of the Woods Control Board to regulate water levels in the Ontario, Manitoba, and US water system, including Lake of the Woods, Lac Seul, and the Winnipeg and English Rivers.

Environment and Climate Change Canada – Regulations

Environment and Climate Change Canada is responsible for numerous freshwater-related regulations, including but not limited to the following:

Under the Canadian Environmental Protection Act, 1999:

  • The Concentration of Phosphorus in Certain Cleaning Products Regulations set phosphorus concentration limits for certain cleaning products (e.g. detergents, dish-washing compounds, and household cleaners). The purpose is to control the release of phosphorus into the environment, which can lead to over-fertilization of freshwater ecosystems and harmful algae blooms.
  • The Microbeads in Toiletries Regulations serve to prevent the release of plastic microbeads from toiletries that wash down household drains and add to plastic pollution in rivers and lakes.
  • The Environmental Emergency Regulations, 1999 require facilities to prevent, plan, respond, and recover from environmental emergencies, including those with significant risks to fresh water.

Under the Fisheries Act:

Domestic and international commitments and legislative obligations

Environment and Climate Change’s water monitoring and surveillance activities are critical for assessing and reporting on water quantity (water level and flow), water quality status and trends, assessing aquatic ecosystem health, and for contributing to the fulfillment of many federal domestic and international commitments and legislative obligations, including from the following:

 

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