WC145 NovDec 2025 - Magazine - Page 10
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Weathering the Law
Adaptions to Canadian laws amidst climate-driven extreme weather
BY ERICA BODIE AND KRISTEN WARD
VERY YEAR, Canada faces increasing record-breaking climate events, including wildfires, extreme heat,
floods, and droughts, which significantly affect society and the environment. This article will provide a
brief overview of federal and provincial legislation
aimed at addressing extreme weather events, and how this
legislation secures water resources, regulates water usage
during crises, and safeguards clean drinking water in an era
of increasing climate impacts.
E
British Columbia’s Emergency and
Disaster Management Act
On November 8, 2023, British Columbia’s new Emergency
and Disaster Management Act (EDMA) came into force
modernizing the province’s response to climate-related
disasters and emergencies, including floods and droughts.
Although climate change is mentioned in the EDMA only
twice, these references highlight the role of climate change
in the increasing frequency and severity of hazards and
emergencies.
Under the EDMA, declaring a state of local emergency
enables local authorities to exercise certain response powers,
which include restricting non-essential water use and ordering the evacuation of residents from an area. These tools
help manage water shortages during a drought, by preserving water for only those essential uses, such as drinking,
firefighting and hospitals, and ordering evacuations can
help move people out of flood-zones to protect lives and
property. Further, the EDMA requires that all risk assessments explicitly consider climate change, reinforcing the
need to integrate future water-related risks into emergency
planning. This framework of prevention, preparedness,
response and recovery strengthens B.C.’s ability to manage
climate-related emergencies going forward.
Alberta’s Bill 21, Emergency Statutes Amendment Act
Bill 21, the Emergency Statutes Amendment Act, 2024, (Bill
21) was tabled in response to critical drought conditions in
Erica Bodie is an associate in the Saskatoon office of Miller Thomson
LLP, maintaining a broad corporate and commercial law practice with a
focus on financial services, mergers and acquisitions, and real estate.
Kristen Ward is an articling student in the Saskatoon office of Miller
Thomson LLP and a graduate of the University of Saskatchewan.
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WATER C AN ADA • NOV EMBER/ DECEMBER 2025
Alberta to improve the provincial response to emergencies
including wildfires, floods and droughts. Bill 21 aims to
improve emergency response by broadening the provincial
government’s authority under the Emergency Management
Act (EMA), the Forest and Prairie Protection Act (FPPA),
and the Water Act (the Water Act).
Amendments to the Water Act target droughts, allowing
the declaration of emergency when drought management
measures are no longer sufficient to protect human health,
safety, infrastructure, livestock, or critical ecosystems.
Section 107 expands the water management orders that the
Director may make, including the power to issue orders
requiring installation of water measurement equipment,
measure the flow rate of water, stop diverting water or
ordering the volume and purpose of water diversion. These
amendments strengthen Alberta’s ability to preserve water
supplies and ecosystems during climate-driven drought
emergencies.
Modernization of the Canadian Environmental
Protection Act, 1999
Bill S-5 (Bill S-5), Strengthening Environmental Protection
for a Healthier Canada Act, received Royal Assent on June
13, 2023, modernizing the Canadian Environmental Protection Act, 1999 (CEPA). A key change is the recognition of
the right to a healthy environment, being the right of every
individual in Canada to live in an environment that is protected from harmful substances, pollutants, and waste. This
recognizes that Canadians have a right to expect protection
from pollutants that contaminate rivers, lakes and groundwater. Under CEPA, this means stronger actions to ensure
clean, safe water across the country.
Canada’s National Adaptation Strategy (the NAS) is
a comprehensive blueprint to strategically address climate-driven risks such as floods and droughts, outlining the
shared responsibility of federal, provincial and territorial
governments to advance climate adaptation, through appropriate laws and regulations.
While a number of jurisdictions lack climate adaptation
laws, all levels of government ought to enact measures that,
among others, address risks to our water supply arising from
floods and drought. Safeguarding Canada’s water through
legislation is essential for not only emergency response but
for long-term resilience, ensuring clean, secure water for
communities and ecosystems amid changing climate.
WAT E R C A N A D A . N E T
