Governance

Though Canada is known for its wealth of pristine glacier rivers and lakes, water is a non-renewable resource and must be used within its means. Each provincial and territorial government has legislation, regulations and guidelines in place to ensure appropriate control and use of water.

There are many points of legislation to consider and the following is a brief overview that highlights specific areas within water governance and legislation in Alberta. For further criteria explanation, please refer to the Alberta Water Act.

Water Licences, Transfers, and Allocation

In order to use or divert ground or surface water in Alberta, the province requires you to obtain a licence, under the Water Act. A water licence is required for any individuals wanting to use or divert water in Alberta. From businesses to individual use, the regulations apply if one wishes to use ground or surface water. There are some cases where a licence is not required, such as: statutory household use, traditional agriculture use*, fire-fighting, wells equipped with hand pumps, and alternate watering systems that use surface water for grazing livestock and/or certain types of dugouts. Learn more about Water Licenses, Transfers, and Allocation.

What is First-in-Time, First-in-Right (FITFIR)?

Alberta uses an allocation system referred to as FITFIR (First-in-Time, First-in-Right).  This system uses ‘priority’ as the determining factor in certain water-specific situations.  Priority is the date and time number assigned to a water allocation and is recorded on the licence.  Under Alberta licencing, there is no priority given to the specific use.  However, the priority number indicates seniority in times of shortage and is the First-in-Time aspect of FITFIR. This means, in principle, that when there is not enough water for all the licencees, the oldest licencees get their water before the newer ones.  This approach presents some challenges when water is scarce and tough decisions need to be made about who receives water.  Especially if senior water licence holders are perceived to be using water for needs less important than those of more junior licence holders. In Alberta’s current (as of February 2024) drought preparations, a considerable amount of work is underway to reach agreements on sharing what is expected to be insufficient water. Learn more about FITFIR.

Property Rights

Property rights allow citizens and governments to own, use and develop land as they see fit within a set of rules as defined by law. In Canada, property rights which include subsurface and mineral rights are subject to federal and provincial legislation that can change depending on the type and location of the land.

Specifically, in Alberta property rights determine how land and natural resources can be used, provide landowners with legal protection, and allow for government intervention when private property can be used for purposes that benefit the public good.

Learn more about Property Rights.

Photograph of the Athabasca River near the Athabasca Falls in Jasper National Park.

Transboundary Water Agreements

Water crosses boundaries and flows between many different nations and regions throughout the world. For this reason, jurisdictions pursue transboundary water management to address conflicting water interests. In Canada, we and the United States of America signed the Boundary Waters Treaty in 1909 which established the International Joint Commission to manage waters crossing the borders of the two nations.   Within Canada, the 1969 Master Agreement on Apportionment between Alberta, Saskatchewan, Manitoba and Canada administers the sharing of waters shared by the three provinces.   There is also the 1997 Mackenzie River Basin Transboundary Waters Master Agreement which administers the sharing of the Mackenzie River Basin between the five relevant provinces and territories. Transboundary agreements are typically based on calculations of natural flow to accommodate variability and are focussed on issues of mutual concern to the participating jurisdictions. For example, industrial pollution, infrastructure projects with downstream impacts, and extreme flood or drought events encourage jurisdictions (national or sub-national) to communicate with one another to share information and manage water quality and quantity expectations. This communication ensures integrated water management that promotes healthy watersheds and reduces the risks of disputes escalating unmanageably. Learn more about Transboundary Water Agreements.

What happens before construction starts?

A basic summary of the approval process for water infrastructure projects in Alberta, Canada

Have you ever wondered why constructions projects for water infrastructure can take time? Or what the role of municipal, provincial and federal government is throughout the process? What about Environmental Impact Assessments and First Nations Consultation? How do proponents step through the regulatory and legal requirements? When do courts enter the picture?

See a diagram summary and download a document about the steps to approval.

What is "Water for Life?"

Water for Life” is a strategic action plan set by the Alberta Government in 2003 by then Minister of the Environment Lorne Taylor. The plan was subsequently updated and refreshed in 2008 and 2013. This plan looks at strategizing effective ways to ensure water availability for future generations with three main goals:
  1. Safe, secure drinking water;
  2. Healthy aquatic ecosystems; and
  3. Reliable, quality water supplies for a sustainable economy.
Learn more about Water for Life.

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Photograph of WaterPortal Board Member Ross Douglas

Ross Douglas

Board Member

Ross has extensive executive experience in Operations, Governance, Information Technology and Strategy at the board and senior management level including Mancal Corporation, Mancal Energy, Highridge Exploration and Atlantis Resources. He has worked in Oil and Gas, Coal, Commercial Real Estate, Portfolio Management, Recreation, Retail and Water and Wastewater Treatment. His experience is also geographically diverse having overseen operations in Canada, the United States, United Kingdom and Northern Ireland. Additionally, he has been on the board of companies with operations in Argentina, Azerbaijan, Barbados, Kazakhstan, and Russia. He has served on numerous Public, Private and Not for Profit Boards across a number of industries.

Ross has been active on several industry Boards and committees including the Canadian Association of Petroleum Producers (CAPP) and The Schulich School of Engineering Industry Advisory Council at the Schulich School of Engineering.

Photograph of WaterPortal Board Member Brian Mergelas

Brian Mergelas, PhD, ICD.D

Board Member

Brian is a seasoned Cleantech entrepreneur with a proven history of successfully bringing complex water technologies to the market.   With over 25 years of experience, he has led various organizations to achieve significant milestones in the industry. 

Having started as the founding CEO of the Pressure Pipe Inspection Company (PPIC) and later taking the helm at the Water Technology Acceleration Project (WaterTAP), Brian’s entrepreneurial spirit has been instrumental in driving innovation and growth within the sector. 

He is an active investor in the cleantech sector and has served on many boards including the Ontario Clean Water Agency. 

Actively engaged in industry associations like AWWA, WEF, IWA, and ASCE, Brian enjoys collaborating with fellow professionals to promote advancements in the field. 

Brian holds an undergraduate degree and a PhD in Physics from Queen’s University, which has provided him with a solid technical foundation.   As a member of the Institute of Corporate Directors, he brings valuable insights to corporate governance.