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ARTICLE · 15 MARCH 2019

Water Sustainability Act ‒ Groundwater Use Licensing In Effect

Licencees are responsible for the safe operation and maintenance of any works constructed under their licences.

CanadaEnergy and Natural Resources

Most non-domestic users of groundwater in British Columbia should apply for a water licence before March 1, 2019, in order to lawfully continue to use and divert water from an aquifer and to preserve their dates of precedence. After March 1, 2019, every unlicenced non-domestic use of groundwater will be an offence under the Water Sustainability Act (WSA) and may trigger fines of up to $200,000, administrative penalties (if enacted in the future), and orders to cease water use.

In our March 2016 " Water Sustainability Act – transition highlights" update, we reviewed British Columbia's new WSA and its regulation of surface water and groundwater. The WSA provided for a three-year transition period for persons currently using groundwater without a licence under the WSA. This transition period ends on March 1, 2019.

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