The Provincial version of the Environmental Assessment Act was passed in 1995, making it newer and more streamlined that of the Federal government and applicable to provincial projects. The Act provides benefits which the CEAA is lacking, in that it depends more on public input and provides a registry of projects for which assessments have been completed. The Act provides for public input when: applications for projects are received, drafts of project reports are being prepared, reports are filed, when the draft terms of reference for a public hearing are prepared, and during the public hearing itself (Nowlan and Jeffries, 1996). These opportunities for involvement allow the agency performing the assessment to gauge the public interest in a particular issue, which determines the need for prosecution and remediation should an environmental threat be detected. The project registry provided by the Act provides: a list of projects currently under review, an index of all the records for each project, and all important documents and decisions that were involved in the process. This acts much like a class screening in the CEAA, but is more comprehensive, in that it allows past cases to be admissible as evidence that due diligence was not provided in prosecutions. Though wetlands are not specifically mentioned under the Act, it is implicit that wetlands are included, as the Act pertains to any project which is hazardous to the environment, making this an important piece of legislation in wetland cases.
The British Columbia Forest Practices Code
As the majority of space in B.C. is forested Crown land the Forest Practices Code provides essential protection for the wetlands that are contained within this area. By regulating the space allowances around wetlands the Code is able to provide a reasonable amount of protection for all wetlands in it?s jurisdiction, the width of this area varies with the classification of a given wetland according to it?s sensitivity. The Riparian Management Area guidebook states the objectives that the Code has as it pertains to Riparian areas; the main objectives of the riparian provisions in the Code are: to minimize or prevent impacts created by forest practices on aquatic ecosystems and to preserve any wetland wildlife habitat that is of high intrinsic value. As it is legislated that all Forest companies adhere to the Code, it is frequently used in prosecutions, though it?s enforcement is generally reactive rather than proactive.
Other Provincial Laws
The Land Act regulates the distribution of Crown land; this is can be beneficial to wetland conservation if a responsible Minister is in office. Through careful distribution of lands to groups that are environmentally responsible a great deal of damaging environmental effects can be averted. The most beneficial Provincial legislation in outright protection of wetlands is the Park Act, by designating an area as a provincial park development is thwarted and any actions that occur on that land are subject to strict regulation, which essentially eliminates the possibility of intentional habitat loss, though no legislation can foresee accidents.
Municipal Laws and Bylaws
Through the provincial Municipal Act, municipalities are given the authority to deal with wetland loss on an individual case basis by the creation of appropriate bylaws and zoning regulations. Section 945 of the Act allows local government to make a community plan which designates areas for wetland conservation. This has grand implications for the conservation of local wetlands, under this section the municipality has the power to create buffer zones around fragile wetlands, as well they may create bylaws which pertain to tree cutting, flood prevention, drainage and soil removal, among others. Section 963 allows for the creation of zoning to regulate land usage, this may be used to shift population densities away from sensitive areas.
Conclusion
Each of the Policies and Acts which pertain to wetlands at the three levels of government has positive and negative attributes which must be considered by Agencies when a prosecution is sought. At the Federal level the Federal Policy on Wetland Conservation can be described as a weak attempt at creating a solid legislation that pertains to wetlands. Though there is no wetland legislation currently in place, the culmination of the sections of Federal Acts which pertain to wetlands currently provide the strongest basis for pursuing prosecutions. The legislation at the provincial level is effective in providing for protection of Crown land or not located near an urban area. Due to their flexibility, provisions made by municipalities under the Municipal Act could be the most effective in conserving wetlands, in that they are able to create zoning in sensitive areas to prevent development. The downfall of Municipal bylaws is that they are not legally forceful enough to be effective against large corporations. Currently the most effective means of preserving wetlands is either to have them designated a provincial park under the Park Act or to have private ownership granted to an interest group either by land allocation or through purchasing the land. It is evident through examining the wide range of policy tools involved in the control of damage to wetlands that there needs to be a Federal legislation enacted. If there were to be a complete legislation at the federal level that pertained to wetlands, it would eliminate any vagueness that exists with the current system of using many Acts when pursuing a prosecution. As well, within a short time there could be a large registry to be used as precedence in court cases for future prosecutions. From the observations made herein it is clear that there is an imperative need for a cumulative Act on wetland conservation in order to preserve these areas for future generations.
Bibliography
References
BC Environmental Assessment Act, (1994)
BC Municipal Act, (1979)
BC Park Act, (1996)
BC Water Act, (1994)
BC Wildlife Act, (1979)
Federal Policy on Wetland Conservation, (1991)
Federal Fisheries Act, (Updated, 1999)
Nowlan, L. and B. Jeffries, 1996. Protecting British Columbia?s Wetlands: A Citizens Guide. West Coast Environmental Law Research Foundation and British Columbia Wetlands Network, Vancouver. 144 pp.
Schiller, E. and S. Flanagan. 1997. Protecting Wetlands is good business for local governments. Public Management 79: 19-26
Zoltai, S.C. 1988. Wetland Environments and Classification. pp. 1-53 In: C.D.A. Rubec (ed.) Wetlands of Canada. Polyscience, Montreal. 452 pp.