Legal aspects of groundwater quantity allocation and quality protection in Canada

Groundwater quantity allocation and quality protection in Canada largely proceed in a fragmented fashion. Each jurisdiction pursues the management of its water resources and the aquatic environment separately as well as independently of other jurisdictions. This approach is at odds with the unity of the natural environment and the inter-connectedness of groundwater resources.The challenge facing Canada is to make the law recognize and be more responsive to the unity of the aquatic environment and water resources. An active federal role in uniting and coordinating the efforts of the provinces in this regard is crucial if this challenge is to be met. However, since the constitutional division of powers in Canada encourages a fragmented approach to managing environment and water resources, the federal government is incapacitated, purely on a legal score, with respect to pulling together the efforts of the provinces. A cooperative approach, based on political rather than legal coordination, is therefore, the most realistic option for the federal government to meet the challenge.In this work, the writer examines the various areas for federal-provincial cooperation regarding groundwater allocation and protection. Such institutional integration or cooperation cannot be effective unless groundwater is addressed together with the other component of the hydrologic cycle, namely: surface water and the ecosystem they support. At the same time, in adopting an integrated hydrologic cycle approach, specific groundwater management strategies canvassed in this work must be taken into account if groundwater is to be more efficiently allocated and protected. Pursuant to these considerations, this writer is of the opinion that groundwater resources in Canada should be managed in a way that meets both present and future needs of Canadians, thus in a sustainable fashion. This can best be achieved if resource management relies upon a combination of contaminant-focused and resource-focused approaches adopted under unified federal-provincial efforts as well as under an integrated hydrologic cycle management