The Regulators and Legislation

Within British Columbia the provincial and federal governments play a key role in the delivery of drinking water. Within this section is a number of useful links including an explanation of the various roles of government agencies, as well as links to the relevant pieces of legislation that govern the delivery of water in BC.

Federal Government and Agencies

Indian and Northern Affairs Canada (INAC)

Indian and Northern Affairs Canada (INAC) works with First Nations and other partners to ensure the safety of water supplies in reserve communities. Responsibility for drinking water is shared between First Nation Band Councils and the federal government. Generally, First Nation Band Councils have had prime responsibility for ensuring that water facilities are designed, constructed, maintained and operated in accordance with established federal or provincial standards, whichever are more stringent.

INAC provides funding to First Nations to assist them in the provision of water services within the reserve community and monitors the design, construction and maintenance of the facilities. INAC also provides funding assistance for operating and maintaining First Nations water and sewer facilities, and for the training of staff, including water treatment plant operators, who will be responsible for the operation and maintenance of these facilities. For more information please visit: http://www.ainc-inac.gc.ca/ps/index_e.html

Health Canada / Canadian Guidelines for Drinking Water Quality

Health Canada in collaboration with the provinces and territories, establishes the Guidelines for Canadian Drinking Water Quality.

The guidelines are prepared by the Federal-Provincial-Territorial Committee on Drinking Water which is made up of representatives from each province and territory, as well as from Health Canada. Health Canada also works in partnership with First Nations to ensure that drinking water quality monitoring programs are in place for their communities. There are numerous publications and other resources available from Health Canada. Of significance is the following summary document that provides the most current version of water quality guidelines. This summary document can be viewed at the following location.

http://www.hc-sc.gc.ca/hecs-sesc/water/pdf/summary.pdf

The above referenced summary document and other supporting documentation for water quality parameters for individual guidelines can be found at the following location:

http://www.hc-sc.gc.ca/hecs-sesc/water/dwgsup.htm

The documents at this site represent the technical or scientific supporting information used by the Federal-Provincial-Territorial Committee on Drinking Water in developing and approving guidelines for contaminants found in drinking water. Many of these documents contain details not of direct concern to most small water systems. As a minimum, we recommend that all water systems obtain and review the updated Summary of Guidelines for Canadian Drinking Water Quality. This document is generally updated on an annual basis and is usually posted on Health Canada’s website by November of each year.

Health Canada is also studying the health risks that may be posed to consumers by drinking water treatment devices (consumer products used in homes to treat water), treatment additives (generally used in treatment plants for treating or disinfecting water, such as chlorine and alum), and system components (such as waterworks and plumbing materials). Information on the applicable standards are provided at the following site.

http://www.hc-sc.gc.ca/hecs-sesc/water/standards.htm

All water suppliers should try to ensure that all materials and equipment used in drinking water systems meet the specified standards.

Health Canada works in partnership with First Nations to ensure that drinking water quality monitoring programs are in place.

Provincial Government and Agencies

The provincial government has overall legal authority and responsibility for drinking water in British Columbia. After considering recommendations from national and provincial experts, the provincial government decides which water protection programs it will implement and fund. The provincial government also makes laws and regulations about drinking water and the prevention and control of waterborne diseases which govern the operations of water suppliers.

Water suppliers are people or organizations that provide water to the public or to communities. Water suppliers can be a local or regional government, a water board or company, or an individual. Water suppliers have ultimate responsibility for delivering safe water to the consumer. Their responsibilities are outlined in the Safe Drinking Water Regulation.

BC Ministry of Health Services

The Ministry of Health Services, is responsible for the development and implementation of provincial legislation, policies, and program standards relating to drinking water quality. It has been actively involved in amendments to the Safe Drinking Water Regulation and the development of the Drinking Water Protection Act (April 2001). The ministry participates in inter-ministry water issues committees and is a member of the federal/provincial committee that oversees the updating of the Guidelines for Canadian Drinking Water Quality. The ministry encourages consistency across the province, while recognizing the discretionary powers of the local public health officials.

Regional Health Authorities

Health authorities are responsible for protecting the public from waterborne illness. The regional health authorities employ public health officials, who each play a role in ensuring the safety of drinking water. They include Medical Health officers, Environmental Health Officers, Public health Engineers and Drinking Water Officers.

These officials are together responsible for ensuring public health protection at all public and community water systems from intake to tap. They also have responsibility for on-site sewage disposal systems and any sanitary issues that may contaminate water supplies.

Work is underway by the ministry staff on defining roles and responsibilities. An update will be provided when information is received from the Ministry of Health Services. For further information contact your local Regional Health Authority through the links on the following website. http://www.healthservices.gov.bc.ca/socsec/maps.html

Land and Water British Columbia (LWBC)

Through the Water Act of British Columbia, Water Management Branch of Land and Water BC has the responsibility of issuing approvals (for short-term use) and licences (terms and conditions under which rights are granted) for water use. The Branch is also responsible for regulating water utilities under the Water Utility Act and the Utilities Commission Act as well as establishing and regulating Water Users Communities. LWBC works with many government agencies and stakeholders to ensure the best use of BC water resources.

The vast majority of water use licences are issued for domestic, irrigation or waterworks purposes. Other purposes include industrial, power, conservation, mining, stock watering and land improvement. For more information please visit: http://www.lwbc.bc.ca/03water/index.html

Ministry of Community, Aboriginal and Women’s Services (MCAWS)

The Ministry of Community, Aboriginal and Women's Services serves two main functions for water systems. The first is to regulate Irigation Districts and the second is to administer infrastructure grant programs.

Improvement Districts play an important role in the delivery of water within British Columbia. They are autonomous local government bodies responsible for providing one or more local services for the benefit of the residents in a community. They vary considerably in size from small subdivisions to urban communities but are usually located in rural areas of the Province where there is no alternative form of local governance either available, suitable, or desirable for the community. In structure they are similar to a municipality but are more informal and only provide direct services such as waterworks, fire protection or street lighting rather than general governance. For more information please visit:
http://www.mcaws.gov.bc.ca/lgd/gov_structure/
improvement/policy.htm#summary

For more information on grant programs please refer to the Government Resources section of our website.

Drinking Water Protection Act and Regulation

The amended Drinking Water Protection Act and regulations came into force on May 16, 2003, replacing the Safe Drinking Water Regulation under the Health Act. These new measures governing drinking water from “source to tap” will better protect the health and safety of British Columbians.

Several new drinking-water officers should be Drinking Water Officers (DWO) – health officials employed by the regional health authorities – will be appointed across B.C. Drinking water officers are dedicated positions created under the act to ensure the water British Columbians drink is safe.

The legislation gives DWO's increased powers to protect water sources from contamination by any drinking water health hazard. In addition, the DWO's will oversee a source-to-tap assessment of every drinking water system in the province to address all potential risks to human health.

These health officials will ensure water quality is maintained through operating permits developed specifically for each water system. The permits specify monitoring requirements for all substances of concern in a particular water system. In addition, the regulations require all water-system operators to be certified under the environmental operators certification program.

Drinking Water Protection Act:
http://www.qp.gov.bc.ca/statreg/stat/D/01009_01.htm

Drinking Water Protection Regulation:
http://www.qp.gov.bc.ca/statreg/reg/D/200_2003.htm

Ground Water Protection Regulation

On July 7, 2004 the Ground Water Protection Regulation (GWPR) came into force. The GWPR deals with aspects of well construction that significantly enhance ground water protection — i.e., installing effective surface seals around wells, securely capping and floodproofing wells, and permanently closing unused wells to protect ground water quality. The GWPR also establishes the qualifications for well drillers and well pump installers and provides for a provincial registry of those possessing the qualifications.

Registration provisions in the GWPR for qualified well drillers and qualified well pump installers came into force on November 1, 2004, as will amendments to the Water Act (2001) providing for ground water protection. One year later, on November 1, 2005, the remainder of the GWPR provisions will take effect.

Prior to the GWPR, there was no regulation in British Columbia focussing specifically on ground water or standards for well construction, maintenance, well closure and qualifications for well drillers and well pump installers. Unregulated drilling activities and lack of enforceable well construction standards have contributed to ground water quantity and quality problems in some areas of the province.

The primary purpose of the Ground Water Protection Regulation is protection of the quantity and quality of the province’s valuable ground water resource by:

setting out standards to safeguard and maintain the integrity and efficient use of the ground water resource, and
ensuring activities related to well water and ground water are undertaken in an environmentally safe manner.

The GWPR is a regulation under the Water Act.

The GWPR will be completed in three phases.

Phase 1 (completed and announced July 7, 2004) covers:

qualifications for well drillers and well pump installers,
a register for qualified well drillers and well pump installers,
ground water protection through flood proofing, surface sealing, well caps and covers, protection of the well head, and deactivating or closing of wells (well construction standards), and
well identification.

Phase 2 will focus on:

additional standards for well construction, flowing wells, well pumps, flow testing and well operation,
water analysis for new and altered wells,
well reports, and
the establishment of offences for which tickets may be issued.

Phase 3 will focus on:

implementing water management plans in designated areas,
drilling authorizations (if necessary) and
other measures for aquifer quality and quantity protection and use.

For more information on the Groundwater Protection Regulation please visit:
http://wlapwww.gov.bc.ca/wat/gws/

Government Resources

The Local Government Grants Program is offered through the BC Ministry of Community, Aboriginal & Women's Services (MCAWS). It will help fund projects to study the feasibility, costs, technology and location of proposed water system improvements. Technical assessment studies, pre-design and feasibility studies, engineering studies and water audit studies are amongst the types of projects eligible for assistance.

The program will pay 100% of the first $5,000 and 50% of the next $10,000 of the cost of approved studies.

Eligible applicants are municipalities and regional districts however applications may be made by these entities on behalf of improvement districts, registered utilities, and water users communities. Interested applicants should contact their regional district or the Small Water Users Association of BC (250-229-2262) for information on how to apply.

The MCAWs website is at: www.mcaws.gov.bc.ca.

For a detailed guide to the program and an application form go to:
www.mcaws.gov.bc.ca/lgd/infra/cir/cir0412_Program.html.