Water Quality (Drinking Water)

British Columbia is a land of flowing rivers – or so the popular image goes.  Fresh water is abundant and much of it – whether from rivers, lakes or underground aquifers – is clean enough to be fit for human consumption with only limited treatment. 

BC’s Auditor General, in 1999, examined a number of clean, natural sources of water and concluded that virtually all of the sources examined were under threat from human activity.  This is not to say that there are not legal and planning mechanisms in place to protect drinking water. 

Water Quality as it relates to aquatic habitat is dealt with both on this page and the Rivers, Streams and Lakes page of the guide. 

Protecting Sources of Drinking Water

The legal powers and responsibility over fresh water lies primarily with the provincial government (although not entirely – see below).  B.C.’s Water Act says that all water running in surface watercourses in the province is owned by the provincial government, and is only to be used as authorized by the provincial government (although a limited exception still exists for domestic use). Although this ownership could easily be made to extend to groundwater as well, this has not occurred to date.  Groundwater remains largely unprotected by the provincial government. 

The Water Act, however, says little about protecting the quality of water in a waterbody.  Waste that might pollute a waterbody is regulated under the Waste Management Act.  With a few exceptions, a person must have a permit under the Act before he or she can introduce “waste” into the environment.  In addition, there are a series of regulations made under the Waste Management Act that create additional rules for specific substances.

The Drinking Water Protection Act contains restrictions on introducing toxins into drinking water.  As well, it allows the Minister of Health Services to order the creation of a Drinking Water Protection Plan in cases where the Provincial Health Officer believes that treatment or other steps are unlikely to protect drinking water. 

Finally, the Water Protection Act prohibits the bulk export of drinking water from B.C.  Unlike the Water Act, the Water Protection Act applies to groundwater, as well as to surface water. 

The federal government does have a role, under the Canada Water Act, in protecting water quality for water supplies that are of “national interest” or are inter-jurisdictional (crossing provincial or national borders).  In such cases the federal government can work with provincial governments to designate water management areas and to develop plans to protect water quality. 

Because groundwater is not covered by the Water Act, the common law (judge-made) laws about groundwater quality continue to apply.  Generally, a person with a well has no right to continued flow of groundwater (e.g. if an aquifer dries up the water user can do nothing).  However, he or she does have a right not to have the flow of water contaminated.  For more information see the Guide’s Private Causes of Action page.  

Protecting Drinking Water at the Tap

The emphasis in much of the province’s drinking water protection legislation is not about protecting the environment that gives us clean water, but on treatment of water to ensure that it is fit for human consumption at the tap.  As a result, regulations made under the Health Act focus on what standards water treatment must meet.  Similarly, most of the Drinking Water Protection Act expands the responsibilities of water providers to ensure that drinking water is potable.  

In addition, the Water Utility Act regulates commercial water providers, with the Comptroller of Water Rights (an officer in the Ministry of Sustainable Resource Management) having power to approve new water utilities, oversee rates, ensure that maintenance is done, etc. 

In cases where the drinking water system itself is creating an environmental or health problem, these laws may be of interest.  They will not generally protect the environment or the source of drinking water, however.

Related Guide Pages:

·          Rivers, Streams, Lakes

·          Drinking Water Protection Plans

·          Drinking Water Protection Act

For more information about Drinking Water:

·          BC Auditor General’s Report “Protecting Drinking Water Sources”

·          BC Tapwater Alliance – A small BC environmental organization working on drinking water protection issues

·          Environment Canada’s Freshwater Website