Update federal water laws

Official petition

PETITION TO THE HOUSE OF COMMONS IN PARLIAMENT ASSEMBLED Whereas: Irresponsible practices by industry and multi-national corporations have led to the destruction and denigration of much of Canada's waterways and watersheds; Current laws do not sufficiently protect Canada's waterways and watersheds from such irresponsible practices; and Protecting waterways and watersheds also protects Canada's forests, fisheries, land, and air. We, the undersigned citizens and residents of Canada call upon the House of Commons in Parliament assembled to: Update Canada's water laws to ensure that no industry or corporation takes precedence over the health of Canada's waterways and watersheds, and by extension the health of the country's people, species, and land; and Ensure Canada's water laws are updated under the guidance of professionals and specialists in the field of water conservation.

Government response

Response by the Minister of the Environment, Climate Change and Nature Signed by The Honourable JULIE DABRUSIN The protection of waterways and watersheds in Canada is a shared responsibility between federal, provincial, territorial, municipal, and Indigenous governments and partners. The authority of the Parliament of Canada to legislate on water is not explicitly assigned in the Canadian Constitution. Parliament relies on various powers to legislate on – and thus manage and protect – Canadian waters. For example, the federal Parliament can enact laws respecting fisheries, shipping and navigation, boundary and transboundary waters, and criminal law. Provincial governments also rely on the powers granted to them by the Constitution to legislate on water (property and civil rights in the province, matters of a merely local or private nature) and have broad responsibilities for water management on provincial lands. These include water allocation and use, drinking water and wastewater services, effluent permitting, source water protection, and thermal and hydroelectric power development. Many such responsibilities are often delegated from provinces and territories to municipal governments. Indigenous peoples participate directly in water protection in Canada through, for example, the Aboriginal and treaty rights recognized and affirmed under section 35 of the Constitution, and through the Government of Canada’s legal obligation, in consultation and cooperation with Indigenous peoples, to ensure federal laws are consistent with the United Nations Declaration on the Rights of Indigenous Peoples. At this time, the Government does not intend to update all federal laws related to water. Various laws, such as the Fisheries Act, the Migratory Birds Convention Act, 1994, the Species at Risk Act and the Canadian Environmental Protection Act, 1999, already contribute to the protection of Canada’s waterways and watersheds from pollution, and by extension, the health of Canadians. For example, subsection 36(3) of the Fisheries Act, a key pollution prevention provision, prohibits the deposit of all deleterious substances into water frequented by fish or to any place where it may enter water frequented by fish. A deposit of a deleterious substance is only authorized pursuant to Fisheries Act regulations that establish strict requirements for the release or by regulations under other federal legislation.The House of Commons Standing Committee on Fisheries and Oceans is currently leading a statutory five-year review of the Fisheries Act and is hearing from a variety of witnesses, including professionals and specialists from the fisheries industry, environmental organisations and academia sharing their knowledge and opinions. Section 5.1 of the Migratory Birds Convention Act, 1994 is a similar pollution prevention tool prohibiting harmful deposits in waters and areas that are frequented by migratory birds. The Species at Risk Act, for its part, contains provisions mandating the protection of the critical habitat of species at risk, which can include waterways and waterbodies. The Canadian Environmental Protection Act, 1999 can play a role in protecting water through enabling regulations for pollution prevention, the management of toxic substances, and the control of sources of water pollution. It provides a framework for a federal government role in areas such as regulating nutrients, managing toxic substances that can impact aquatic life, and preventing pollution that crosses international borders. In June 2023, the right to a healthy environment was recognised through amendments to the Act. In June 2025, the Government of Canada published the framework to implement this right, which includes the right of every individual in Canada to live in an environment that is protected from harmful substances, pollutants, and waste, and where actions taken under the Canadian Environmental Protection Act, 1999 contribute, among other things, to clean and healthy water. In addition, the Canada Water Act provides an enabling framework for collaboration among the federal, provincial and territorial governments in matters relating to water resources. Joint projects involve the regulation, apportionment, monitoring or surveying of water resources, and the planning and implementation of programs relating to the conservation, development, and utilization of water resources. The Canada Water Agency is responsible for the Freshwater Action Plan. In Budget 2023, recognising that protecting freshwater ecosystems helps maintain biodiversity, reduce pollution, and enhance climate resilience, the federal government invested $650 Million over 10 years to implement this action plan. The Agency implements the Freshwater Action Plan in part through the delivery of Freshwater Ecosystem Initiatives, contributing to the protection of waterways and watersheds. The Freshwater Ecosystem Initiatives are region-specific freshwater management programs that include governance and science to improve ecosystem health in significant waterbodies across Canada. These include the Great Lakes, Lake Winnipeg, Lake of the Woods, Lake Simcoe, the St. Lawrence River, the Wolastoq/Saint John River, the Fraser River, and the Mackenzie River. The specific challenges faced vary by waterbody, though nutrient pollution, algae and climate change challenges are faced in multiple Freshwater Ecosystem Initiatives. By tailoring the Freshwater Ecosystem Initiatives to regional needs, supporting local partner-led actions, and collaborating with local partners including the provinces, territories and Indigenous communities, the unique challenges of each ecosystem can collectively be addressed.

• Official source (opens in a new tab)