Water Act 2017 c.17 (R.S.P.E.I. 1988).

The Water Act is organised in 10 Parts and 83 Articles. Part I concerns interpretation, purpose, and application. The purpose of this Act is to support and promote the management, protection and enhancement of the water resources within the jurisdiction of the province. The Government has guardianship role to play in ensuring that the quality, quantity, allocation, conservation and protection of water is managed in the interests of a common good that benefits and accommodates all living things in the province and their supporting ecosystems. The Act also recognises that access for everyone to a sufficient quantity and safe quality of reasonably affordable and accessible water for personal and domestic uses, and to basic sanitation that is safe and hygienic, is essential for an adequate standard of living and that every person in the province has a duty to prevent, minimize and repair harm that the person may cause to water resources or the ecosystems supported by water resources (Art. 2).
Part II recognises the Minister as the competent authority. Under Art. 4 the Minister may take any action that considers necessary in order to manage, protect or enhance the water resources, these include investigation and inquiries on water contamination issues, coordinating the work on water resource management, monitoring and exercising control over (i) the quantity, quality, use and protection of the water resources within the jurisdiction of the province, and (ii) the allocation of the use of water; (f) entering into agreements for the purposes of this Act; (g) delegating functions, among others. Furthermore, Art. 16 requires the Minister to establish a mandatory water resource monitoring program, and Art. 17 establishes a duty to report to the Legislative Assembly on water resources status. Part II concerns as well the administration of the Act. Art. 6 establishes as general rule that no person shall commence an activity, matter or thing for which an approval is required unless the person holds the required approval; the articles that follow regulate the approval process, conditions for approval, refusal etc.
Part III, on water protection, forbids Hydraulic fracturing for oil or natural gas (Art. 19) and establishes a general ban on discharge of contaminants directly or indirectly, into groundwater, a watercourse or a wetland (Art. 20) unless permitted by the Pesticide Control Act or the Environmental Protection Act. When a discharge under Art. 20 occurs, the person has to notify the Minister and may be required to take action to repair or remedy the damage or restore the water source (Art. 21). Art. 22 regulates water protection orders.
Part IV regulates water management areas and lists the following designations: (a) water sustainability plan area for the purpose of preventing or addressing threats to, or maintaining or restoring, the quality of water resources; the quantity of water resources; the environmental flow needs of a watercourse; or the health of aquatic ecosystems, in a watershed, an assemblage of watersheds or a part of a watershed; (b) aquatic ecosystem protection area for the purpose of protecting a watershed, an assemblage of watersheds or a part of a watershed that contains a provincially significant aquatic ecosystem, (c) municipal water supply area for the purpose of planning for the long-term security of water supplies for a municipal water supply system from a watershed, an assemblage of watersheds or a portion of a watershed; (d) well field protection area d for the purpose of preserving and protecting the quality of groundwater within the capture zone of wells that supply water for a municipal water supply system.
Part V is on water withdrawals and wastewater discharges, Art. 39 establishes that no person shall withdraw water from a well, watercourse or wetland in contravention of this Act or the regulations and Art. 42 rules that no person shall discharge, or cause or permit the discharge of, wastewater.
Part VI regulates permits, approval process and conditions for water supply system or wastewater treatment system, wells and sewage disposal system. Part VII concerns powers related to investigation, seizure, as well as appeals, offences and penalties. Part VIII provides recommendations on possible regulations that the Lieutenant Governor in Council may make when considered necessary or advisable for the purposes of this Act. Part IX and X respectively cover transitional provisions and amendments and XI establishes that "in force" will be on proclamation.