In This Section |
Water Management
|
| Author: | OMAFRA Staff |
|---|---|
| Creation Date: | 17 July 2002 |
| Last Reviewed: | 10 October 2004 |
To protect your rights and the rights of future water users, federal, provincial, and local governments have created a number of laws and guidelines to ensure an abundant supply of clean water.
The large number of laws and guidelines protecting your water resources can be confusing. In part, this is the result of all three levels of government attempting to manage water or issues related to water. Control over water resources has never been clearly allocated to any one level of government in our constitution.
Other laws have developed as a response to specific pollution problems. The Pesticide Act evolved from a growing awareness of health risks and water pollution problems associated with the improper use of pesticides. Similarly, the Gasoline Handling Act was a response to problems of inadequate private fuel storage facilities.
This list describes some water-related laws and guidelines that can directly influence a farmer's operation. Please note: additional local zoning bylaws and other legislation may also have a bearing on what you do!**
If you have concerns or questions regarding water management on your property, be sure to contact relevant government agencies, and be aware of bylaws in your area. The E-laws website contains copies of all Ontario legislations. Visit OMAFRA's Nutrient Management site for more information on the Nutrient Management Act, 2002.
Legend:
|
Law/Guideline
|
Government Agency
|
Goal
|
Relevance to Landowner
|
|---|---|---|---|
| Agricultural Code of Practice (Certificate of Compliance) | OMAFRA, MOE, MMAH | To provide guidelines for livestock operations to minimize land, water, and air pollution potential. |
Best management practices are described to reduce pollution
potential associated with livestock operations. |
| Common Law | Provincial Courts | Generally, to protect the rights of the people. | All landowners bordering water are entitled to have water flow through in its natural state (this related to both water quality and quantity). |
| Conservation Authorities Act | MNR, Local Conservation Authority | To manage and conserve natural resources within watershed jurisdiction. | Regulations may be in place controlling construction or the placement of fill adjacent to a watercourse. |
| Dead Animal Disposal Act | OMAFRA | To provide for the safe disposal of deadstock. | Deadstock must be disposed of in accordance with regulations (i.e. within 48 hours, buried under 0.6 metres of earth, disposed of by a licensed collector). |
| Drainage Act | OMAFRA | To allow landowners to obtain an improved outlet for their land drainage. | Provides financial assistance for drain construction and maintenance. General prohibition against the discharge of polluting substances into a drain. Control activities in or near a drain and connections to a drain. |
| Environmental Protection Act | MOE | To protect Ontario's land, water, and air resources from pollution. | Contaminants are not allowed to be discharged into the environment
in excess of regulatory limits. Farmers are exempt from requiring a Certificate of Approval for agricultural structures or equipment (i.e. manure storage). |
| Fisheries Act | MNR, on behalf of Dept. of Fisheries and Oceans, MOE, and Environment Canada | To protect fish and fisheries habitat. | General prohibitions against discharging pollutants to a watercourse
that would harm fish or fish habitat. General prohibitions against stream alterations that would harm fish habitat. |
| Gasoline Handling Act | MCBS | To protect land, surface and ground water resources from damage by petroleum products. | Minimum standards are set regarding farm fuel storage. |
| Health Protection and Promotion Act | MOH | To minimize situations where human health may be threatened. | Landowners whose operations have created a health hazard, i.e. contaminated water, may be required to correct the situation or cease activities causing the contamination. |
| Lakes and Rivers Improvement Act | MNR | To ensure flow and water level characteristics of lakes and rivers are not altered to the point of disadvantaging other water users. | Any work forwarding, holding back, or diverting water must receive prior approval from MNR. |
| Ontario Water Resources Act | MOE | To protect the quality and quantity of Ontario's surface and ground water resources. |
General prohibitions against discharging pollutants to surface
or ground water. |
| Pesticides Act | MOE | To protect Ontario's land, and surface and ground water resources from damage due to improper use of pesticides. | Landowners involved in pesticide application as part of a business
(farming) are required to take a Grower Pesticide Safety Course.
Regulations are set regarding pesticide storage, e.g. warning sign identifying the storage site, proper ventilation, no floor drains, concrete impervious floors. |
| Planning Act | MMAH, Municipality | To reduce land use conflicts between neighbours within the township. | Minimum setbacks may be established between watercourses and
structures. Minimum standards may be set for manure storage construction to reduce water pollution potential (check your local zoning by-laws). |
|
Wetlands Policy Statement |
MMAH/MNR |
To protect wetlands. |
Wetlands are protected under the authority of section 3 of the Planning Act. |
| Public Lands Act | MNR | To protect and perpetuate public lands and waters for the citizens of Ontario. |
Requires a landowner to obtain a work permit for any activity
on shorelands adjacent to a navigable water. |
**Legislation as of publication date: 1994.
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