Regulation of Dams in Canada

The regulation of construction, operation, maintenance and decommissioning of dams in Canada is a provincial/territorial responsibility and is similar to other areas of provincial jurisdiction such as health and education. Unlike some other countries (e.g. France, Portugal, Mexico, South Africa, etc…  ), Canada does not have a federal regulatory agency or over-arching program to guide the development of requirements for the safe management of dams. 

However, the Federal Government has regulatory requirement over some aspects such as approval of dams to be constructed in navigable waters and dams located on boundary waters with the US (via International Joint Commissions), and dams constructed and operated by the Canadian’s nuclear industry (via Nuclear Safety Commission). The Federal Government also has regulatory interests through the Fisheries Act, Species at Risk Act, the Environmental Protection Act, and the Nuclear Safety and Control Act. The federal government manages its own dams, which are exempt from provincial regulation (e.g. Parks Canada Dams).

Provincial and territorial jurisdictions generally have their own regulatory framework and guidelines to inform the dam owners/operators about roles and responsibilities, regulatory requirements, processes and procedures as well as methodologies for compliance assurance. The provinces of Alberta, British Columbia, Ontario and Québec have varying degrees of specific regulatory requirements. Some jurisdictions may rely on legislation related to management of water resources and make reference to industry best practices as published by the Canadian Dam Association.

The Canadian Dam Association (CDA) is a volunteer organization that was formed in the 1980s to provide dam owners, operators, consultants, suppliers and government agencies with a national forum to discuss issues of dam safety in Canada. The CDA Guidance Documents can provide regulators with a basis for evaluating the safety of dams within their respective jurisdictions.

Before any water retaining structure is constructed or modified, the dam owner requires authorization according to the requirement of to the related jurisdiction and its regulatory authority.  There are often different ministries/agencies in each province or territory that are responsible for water dams and mine tailings dams. The regulatory framework that governs dams (water and mining) in each of the Canadian provinces and territories is described in the following.

Dam Regulatory Framework

• British Columbia
• Alberta
• Saskatchewan
• Ontario
• Quebec
• Newfoundland and Labrador
• Northwest Territories
• In Canada's Nuclear Industry

Summary Table

Links to the governing Acts or Regulation and to appropriate contacts are provided it in the summary table that follows.

Notes:

1. Approvals are required under the Water Security Act in Saskatchewan to construct and operate water storage dams.
2. The 1300 water storage dams currently identified within Saskatchewan pertains to those having a storage capacity of 40 dam^3 or more. Approximately 8960 dams exist within the province having a volume of 1.0 dam^3 or more.
3. Rehabilitation of all mine hazards, which include tailings dams, at the end of the mine life.  Recording and staged rehabilitation of Abandoned Mine sites returned to the crown, including their associated tailings dams.
4. Under the Watercourse Alteration Regulation, a permit is required for construction of all new dams or dikes in New Brunswick.
5. CDA guidelines are the recognized industry standard in Nova Scotia. One of the requirements for obtaining an operating license is to demonstrate compliance with the CDA Guidelines.
6. Under the Water Resources Act, a permit is required for construction of all new dams or dikes in Newfoundland and Labrador.
7. There are no dams of significant size in PEI.
8. The Yukon Water Board issues licences for dams that are associated with mining, hydro projects, etc. Mining projects are also regulated under the Quartz Mining Act and Quartz Mining Licences are issued by the Mineral Resources Branch of Yukon Government. The Compliance Monitoring and Inspections Branch of Department of Energy Mines and Resources provides inspection services on mining files; where as the Department of Environment, Environmental Compliance and Inspections section provides inspection services on all non-mining files.
9. The Mackenzie Valley Resource Management Act (MVRMA) came into being in 1998 as a result of the Gwich'in and Sahtu Comprehensive Land Claims Agreements. The Act created co-management boards for both the Gwich'in and Sahtu settlement areas and it established the Mackenzie Valley Land and Water Board (MVLWB). With the signing of the Tlicho Land Claims and Self-Government Agreement in 2005, the Wekeezhii Land and Water Board was created, and became a regional panel of the MVLWB.
10. The CNSC also takes into account various other National and Provincial Regulations and Guidelines and International best practices.
11. Number of dams in the registry as of February 2020.