Water Act Section 9
Under the Water Act Section 9, the Ministry of Environment (MoE) manages the notification process for proponents carrying out ‘changes in and about a stream’. The Water Act Part 7 Regulation, Section 44 identifies specific activities that may be carried out under the notification process. All other changes in and about a stream require prior authorization under either a water licence or an approval. Information on how to apply for licences and approvals can be found on the Water Stewardship Division website.
If you have not already done so, please go to the central Water Act Section 9
website to obtain application forms as well as other requirements, general background material and guidance.
In order to ensure that when these Section 44 activities are carried out, minimal or no impact to the stream or stream channel occurs, MoE Habitat Officers can, under the regulation, set Terms and Conditions under which the works must be carried out. Due to differences in fish and wildlife species, timing windows (periods of environmental least risk for carrying out the work) and geography, Terms and Conditions may vary between MoE Regions. This web site contains the Terms and Conditions specific to MoE Vancouver Island Region. Please remember that when you sign the notification form you are agreeing to abide by the Habitat Officer’s Terms and Conditions.
You must submit a notification form prior to starting your proposed changes. Make sure all sections of the form are complete. Submission of an incomplete form does not constitute notification. You will not receive a formal response to your notification from MoE.
Note: This process does not replace any valid Memoranda of Understanding between MoE and any corporation, local government etc.