Who has responsibility for regulating water in Canada?
Canada’s Constitution Act, 1867 allocates legislative powers to the federal and provincial levels of government. The Constitution Act gives each respective level of government exclusive jurisdiction to pass laws with respect to specific matters listed under the Act. The Constitution Act does not say specifically which level of government has jurisdiction over “water”, “environment”, or “public health”. The provinces have traditionally taken the lead in regulating water management, but the federal government also plays a role in certain water-related matters. Although there is no power for “environment” per se, the Constitution Act list of provincial powers gives provincial legislatures authority over various aspects of the environment (including water) and public health. These heads of power include: • Hospitals (section 92(7)), • Municipal institutions (section 92(8)), • Local works and undertakings (section 92(10)), • Property and civil rights (section 92(13)), • Matters of a “merely
