Is It a Crime to Catch Rainwater in Canada?

The topic of illegal rainwater collection gained widespread attention in 2012 when Gary Harrington, a 64-year-old man from rural Oregon, was sentenced to 30 days in jail for illegally collecting rainwater on his property. This case sparked questions about rainwater harvesting laws across North America.

So, is it a crime to collect rainwater in Canada? The short answer is no. It is not a criminal offence to collect rainwater in Canada. However, this practice is regulated by provincial legislation, building codes, and municipal bylaws that vary across the country.

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What Are the Federal Rules on Rainwater Harvesting?

The National Plumbing Code permits the collection of rainwater for non-potable uses such as toilet flushing and outdoor irrigation throughout Canada. Beyond this federal framework, the right to harvest and use rainwater is determined by provincial governments and municipal bylaws.

Many Canadians have begun implementing rainwater harvesting systems to reduce stormwater runoff, support irrigation, and supply laundry and lavatory plumbing. When building a rainwater storage system, the design must comply closely with provincial codes and municipal bylaws.

How Do Provincial Laws Regulate Rainwater Collection?

Each province has its own laws and regulations pertaining to rainwater harvesting, though many provinces have limited legislation on the matter. Here is how some provinces approach rainwater collection:

Ontario

Ontario permits the use of rainwater for flushing toilets and urinals, as well as for subsurface and below-ground irrigation systems. The Ontario Guidelines for Residential Rainwater Harvesting Systems, established in 2010, set out standards and regulations regarding catchments, conveyance networks, and storage containers.

The Ontario Building Code and Ontario Electrical Safety Code govern the design, construction, and management of rainwater harvesting systems in the province.

British Columbia

In British Columbia, rainwater appears to be common property subject to the law of capture. This means rainwater belongs to no one until it is captured. While landowners do not have a property interest in water until it is captured, their right to harvest rainwater is generally unrestricted. Rainwater is not included in the Water Act’s system of prior allocation.

Alberta

Alberta has established Rainwater Harvesting Guidelines for residential use, recommending safe design, construction, and maintenance practices for residential systems. These guidelines support compliance with CAN/CSA 128.1, Design and Installation of Non-Potable Water Systems. The Alberta Building Code and National Plumbing Code requirements take precedence over these guidelines.

What Challenges Does Canadian Weather Create for Rainwater Harvesting?

Cold Canadian winters create potential problems for rainwater harvesting systems. Freezing pipes and potential sewage blockages can occur when temperatures drop below zero.

Provincial guidelines address these concerns by requiring that rainwater be stored in controlled temperature environments where it cannot freeze. Proper drainage and temperature controls in pipe networks are essential to prevent damage during the winter months.

Additional standards ensure the quality of collected rainwater by preventing contamination, ensuring proper treatment to maintain cleanliness, and regulating sewage systems.

What Happens If You Violate Rainwater Harvesting Regulations?

Violations of rainwater harvesting regulations fall under the Provincial Offences Act rather than the Criminal Code. This is an important distinction because a conviction under provincial bylaws does not result in a criminal record.

The Provincial Offences Act addresses these matters in three parts. The first and second parts cover minor offences, such as collecting rainwater for unpermitted uses or failing to build your harvesting structure to code. These are typically ticketable offences initiated by a certificate of offence from an officer.

These offences are generally resolved by paying the fine specified on the ticket. Individuals have the right to pay the fine or request a hearing before a Justice of the Peace.

The third part of the Act covers offences serious enough that the accused must attend court but not serious enough to be included in the Criminal Code.

Are Provincial Regulatory Offences Serious?

Charges under the Provincial Offences Act can carry negative consequences for the accused, even though they do not result in a criminal record. Fines can be substantial, and repeated violations may lead to more serious penalties.

Do You Need Legal Help With Provincial Charges?

If you are facing charges under either the Provincial Offences Act or the Criminal Code, consulting with a criminal defence lawyer can help you understand your options and determine the best way to resolve your charges.

Pyzer Criminal Lawyers has over two decades of experience defending clients throughout Toronto and the GTA. Our team can assist with both provincial regulatory matters and criminal charges. Contact us at (416) 658-1818 for a free, confidential consultation to discuss your situation.