Water Act, Section 9
“Changes In and About a Stream”

In British Columbia, ownership of water and most streambeds is vested in the Crown (Province). The primary provincial statute regulating water resources is the Water Act. Section 9 of the Water Act regulates ‘changes in and about a stream’. Anyone contemplating work in and about a stream must be familiar with Section 9 of the Water Act and the Water Regulation, Part 7.

The Water Act, provides the following definitions:

“Stream” - “includes a natural watercourse or source of water supply, whether usually containing water or not, ground water, and a lake, river, creek, spring, ravine, swamp and gulch”

“changes in and about a stream” - means
(a) any modification to the nature of the stream including the land, vegetation, natural environment or flow of water within the stream, or
(b) any activity or construction within the stream channel that has or may have an impact on a stream.

In order to carry out any changes in and about a stream you must have one of the following:

1. Water Licence from Ministry of Environment (MOE), Water Stewardship Division (WSD), authorizing the works, or
2. Water Act, Section 9 Approval from WSD., or
3. Compliance with Water Act, Water Regulation, Part 7 including notification to MOE, or
4. Order from the Comptroller of Water Rights or designate, or
5. Authorization under the Mines Act or Forest Practices Code Act

The Act and Regulation specify requirements that assure that work being done in and about a stream does not compromise water quality, fish and wildlife habitat and the rights of other water users.

In addition to the above, you may also require additional authorizations from other agencies, for example Fisheries and Oceans Canada, under the Federal Fisheries Act and Navigable Waters Protection Act.

The information on this web page is provided to assist you in determining what type of authority is required for you to carry out your proposed activity legally, and how to submit the appropriate information to the correct agency. Links are provided to documents that provide guidance and advice on how to plan and carry out your proposed changes with minimal or no impact on the environment or other water users.

Approval Application and Notification Form

Please read the following before proceeding with the Approval application or notification:

• Water Act, Section 9, and
• Water Regulation, Part 7, and
• Users’ Guide to Working In and Around Water (924kb) (May 2005), and
• The Terms and Conditions of the Habitat Officer for the Region in which you plan to conduct the work the Regional websites
• Standards and Best Practices for Instream Works, and
• If installing a culvert, use the Forest Practices Code: Fish Stream Crossing Guidebook (2002) , or you must contact Fisheries and Oceans Canada.

Complete Application Package (605kb) – This application package contains the approval application and notification form. The form can be completed electronically and saved to your hard drive for subsequent editing and printing or may be printed and completed by hand, then faxed or mailed to the appropriate agency.

Complete Application Package (276kb) – This application package contains the approval application and notification form. The form can be saved on your computer and completed in MSWORD, then mailed to the appropriate agency.

Notification to Ministry of Environment

You must submit a notification form prior to starting proposed changes in and about a stream. Notifications must be provided to the MOE office located nearest to the proposed works, except for those works located in the Thompson, Okanagan, Kootenay regions, where both Approval Applications and Notifications are to be provided to Front Counter B.C. in Kamloops. Regional requirements such as Terms and Conditions and guidance material such as best management practices and useful local information are located on regional MOE web pages following website. Additional terms and/or conditions related to the protection of habitat may also be specified by a Habitat Officer.

It is the applicant's responsibility to ensure that all sections of the notification form are complete. Submission of an incomplete form does not constitute notification. For notifications, if you agree to all the requirements, including the Habitat Officers Terms and Conditions, you may proceed with your proposed changes without waiting for a formal response from MOE. Notifications received by regional offices of MOE will be used to plan and carry out on-site inspections and monitoring during and after the changes in and about a stream.

Regional requirements such as Terms and Conditions and guidance material such as best management practices and useful local information are located on regional MOE Environmental Stewardship section web pages.

Additional Resources

Fisheries and Oceans Canada. Including the brochure “Complying with the Fisheries Act” and other relevant information regarding fish habitat protection.

Note:
DFO is developing a review process, similar to Water Act notifications, for activities that have a low risk to fish habitat. As part of this new approach, DFO will provide upfront guidance on mitigation measures required to avoid a harmful alteration, disruption or destruction of fish habitat (HADD). For these activities you will not require a DFO review or authorization provided that the standard mitigation measures are followed. For works that may result in a HADD, you will still require an authorization from DFO. For further information regarding this review process check this web site in the near future or contact your local DFO office.