Managing Ontario’s Water Resources

Ontario’s water resources are managed by all three levels of government: federal, provincial and municipal.

Non-government agencies such as Conservation Authorities play a critical support role in managing our water resources.

History
In 1867, with the signing of the Constitution Act, provinces were granted rights to manage waters contained within their boundaries on a day-to-day basis. This remains a very complicated process with roles and responsibilities split between federal, provincial and municipal levels of government.

In Ontario our water management system is founded on English (British) common law principles where water is typically viewed as a ‘common good’ and is therefore not subject to “ownership” as other goods unless bottled and/or contained and sold as a commodity.

English common law stated that only people whose land adjoined a watercourse (riparian owners) had rights to use water for domestic and livestock purposes and a restricted right to use water for other purposes(e.g., irrigation, industry) provided these uses:

• did not noticeably alter the quality or quantity of its natural flow;
• did not affect rights of other riparian owners;
• were reasonable use for extraordinary purposes balances the rights among all riparian owners on the watercourse;
• were not transferred to non-riparian’s; and,
• conform to modifications as dictated by statute laws (e.g. Section 34 of Ontario Water Resources Act governing permits to take water)