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Water Management
Legislation and Guidelines Protecting Water Resources

Author: OMAFRA Staff
Creation Date: 17 July 2002
Last Reviewed: 10 October 2004

Some of the Legislation and Guidelines Protecting Water Resources

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:

  • MCBS: Ontario Ministry of Consumer and Business Services
  • MMAH: Ontario Ministry of Municipal Affairs and Housing
  • MNR: Ontario Ministry of Natural Resources
  • MOEE: Ontario Ministry of the Environmentand Energy
  • MOH: Ontario Ministry of Health and Long-Term Care
  • OMAFRA:Ontario Ministry of Agriculture, Food and Rural Affairs

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.
If requested by the landowner, an application for a Certificate of Compliance can be made and an inspection of the farming operation performed; if conditions outlined in the Code of Practice are satisfied, a Certificate of Compliance will be issued

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.
Permits are required for the taking of large amounts of surface or ground water, i.e. for irrigation.

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.
Shore lands include public or private lands as well as areas that are seasonally inundated with water.
The bed of a navigable water (below the high water mark) is considered to be public (Crown) land.

**Legislation as of publication date: 1994.

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