On March 11, 2014, BC's legislature began deliberations over the proposed new Water Sustainability Act, which, if passed into law, will replace the current Water Act. Currently in first reading, this Act has been long in the making, with public consultations reaching back to 2009. The government has advised that the new Act will become law in the spring of 2015. 

In this bulletin, we highlight aspects of the proposed Act which may be of interest to land owners, developers and local authorities.  

The proposed Water Sustainability Act currently contains (among other things) the following provisions, which would be a change to the current provincial regime if passed into law:

  • Prohibits unauthorized diversion of groundwater: The Act will prohibit unauthorized diversion of stream water and groundwater. The proposed Act also asserts the provincial government's ownership over both types of water. In terms of groundwater, this change is significant: the current Water Act does not address groundwater ownership, or require an authorization to divert groundwater;
  • Requires impact analysis of environmental flow needs of a stream: The Act will require that the Ministry consider the impact of a license on the environmental water flow in a stream, prior to issuing the licence. Licensing applicants may be required to commission a professional report evaluating the stream's flow needs and, possibly, proposing measures to address any effects on such flow;
  • Regulates subdivision approval and land use decisions: The Act contemplates that the Ministry may designate areas as subject to water sustainability plans. If a water sustainability plan is implemented for a given area, such a plan will restrict the authority of approving officers and local governments to regulate subdivision and land use in that area; and
  • Regulates development of land in riparian areas:  The Act will rename the Fish Protection Act to be known as the Riparian Areas Protection Act and will clarify the government's authority to make regulations concerning development in riparian areas. It is possible that, as part of this amendment, the government will amend the current Riparian Areas Regulation, and, in turn, the local government development procedures implemented pursuant to this regulation

We will be monitoring the proposed Act as it makes its way through the legislature, and will provide a more in-depth update when passed into law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.