Lesson 3: Legistlation 2024 Handbook Flashcards
Lead federal role in managing Canada’s fisheries and safeguarding its waters.
FISHERIES ACT
Fisheries Act
PROTECT FISH DURING CONSTRUCTION
HABITAT ALTERATION, DISRUPTION, OR DESTRUCTION (HADD) OF FISH AND FISH HABITAT
PROHIBITS POLLUTION OF WATER INHABITIED BY FISH
HADD
HABITAT ALTERATION, DISRUPTION, OR DESTRUCTION
Fisheries act changes in 2019.
PROTECTION FOR ALL FISH AND FISH HABITAT
CLEARER PERMITTING FOR DEVELOPMENT PROJECTS
NEW ABILITY TO ENSHRINE INSHORE FISHING POLICIES INTO REGULATIONS
BETTER ABILITY TO PROTECT BIODIVERSITY FOR THE LONG-TERM
INDIGENOUS TRADITIONAL KNOWLEDGE PROVIDED MUST INFORM HABITAT DECISIONS
INCREASED FOCUS ON HABITAT RESTORATION AND REBUILDING FISH STOCKS
Fish definition as per Fisheries Act
PART OF FISH
SHELLFISH, CRUSTACEANS, MARINE ANIMALS AND ANY PARTS OF SHELLFISH, CRUSTACEANS OR MARINE ANIMALS
THE EGGS, SPERM, SPAWN, LARVAE, SPAT AND JUVENILE STAGES OF FISH, SHELLFISH, CRUSTACEANS AND MARINE ANIMALS
Water frequented by fish and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas.
FISH HABITAT
The instream and out-of-stream habitats such as side channels, wetlands, riparian areas.
FISHERIES SENSITIVE ZONE (FSZ)
Vegetation located next to streams that have a direct influence on aquatic habitat.
RIPARIAN ZONE
The measure maximum capability of a habitat to produce fish and / or food organisms in natural or restored conditions.
PRODUCTIVE CAPACITY
DFO
DEPARTMENT OF FISHERIES AND OCEANS
Functions of DFO
PROTECT FISH AND FISH HABITAT
PROVIDES MECHANISMS FOR ALLOWING DEVELOPMENT WHILE PROTECT FISH AND HABITAT
CONVICTIONS CAN LEAD TO FINES AND / OR IMPRISONMENT
Has no-net -loss (NNL) policy
DFO
Overall objective of DFO
NET GAIN OF FISH HABITAT
DFO Goals
MAINTAIN CURRENT PRODUCTIVE CAPACITY OF FISH HABITALS (NNL PRINCIPLE)
REHABILITATE PRODUCTIVE CAPACITY OF FISH HABITAT
CREATE AND IMPROVE PRODUCTIVE CAPACITY OF FISH HABITAT
Hierarchy of habitat value
SPAWNING HABITAT
REARING HABITAT
OFF CHANNEL HABITAT
MIGRATORY HABITAT
WETLANDS (NON-ACCESSIBLE)
NATIVE RIPARIAN
NON-NATIVE RIPARIAN
Implemented during projects planning, design, construction and / or operation when habitat is threatened
MITIGATION
Measures to protect fish and fish habitat
PREVENT THE DEATH OF FISH
MAINTAIN RIPARIAN VEGETATION
CARRY OUT WORKS, UNDERTAKINGS AND ACTIVITIES ON LAND
MAINTAIN FISH PASSAGE
ENSURE PROPER SEDIMENT CONTROL
PREVENT ENTRY OF DELETERIOUS SUBSTANCES IN WATER
Most common mitigation measures include:
CONDUCTING WORK WITHIN THE FISHERIES WINDOW
SHORT WORK SCHEDULE
USING LEAST HARMFUL EQUIPMENT / MATERIALS / CONSTRUCTION METHODS
ENSURING FISH PASSAGE DURING AND AFTER CONSTRUCTION
SEDIMENT AND EROSION CONTROL
ENSURING MINIMUM IN - STREAM FLOW RATES
COMBINATION OF METHODS
Implemented when residual impacts of projects on habitat productive capacity are still deemed harmful.
HABITAT COMPENSATION
Most commonly used habitat compensation
CREATE SIMILAR HABITAT AT OR NEAR THE DEVELOPMENT SITE WITHIN THE SAME ECOLOGICAL UNIT
CREATE SIMILAR HABITAT IN A DIFFERENT ECOLOGICAL UNIT THAT SUPPORT THE SAME STOCKS OR SPECIES
INCREASE PRODUCTIVE CAPACITY OF EXISTING HABITAT AT OR NEAR SITE AND WITHIN THE SAME ECOLOGICAL UNIT
INCREASE PRODUCTIVE CAPACITY OF A DIFFERENT ECOLOGICAL UNIT THAT SUPPORTS THE SAME STOCKS OR SPECIES
Guidelines used during land development projects to help meet the objectives of the Fisheries Act
LAND DEVELOPMENT GUIDELINES FOR THE PROTECTION OF AQUATIC LIFE
Goals of Land Development Guidelines for the Protection of Aquatic Life
TO PRESERVE AND MAINTAIN THE QUANTITY AND QUALITY OF FISH HABITAT THAT EXISTED PRIOR TO LAND DEVELOPMENT
TO ASSIST LAND DEVELOPERS TO IDENTIFY POTENTIAL PROBLEMS PRIOR TO DEVELOPMENT
Objectives of Land Development Guidelines for the Protection of Aquatic Life
PROVISIONS AND PROTECTION OF RIPARIAN ZONE
CONTROL OF SOIL EROSION AND SEDIMENT IN RUNOFF WATER
CONTROL OF RATES OF WATER RUNOFF TO MINIMIZE IMPACTS
CONTROL OF IN-STREAM WORK, CONSTRUCTION AND DIVERSIONS
MAINTENANCE OF FISH PASSAGE FOR ALL SALMONID LIFE STAGES LIFE STAGES, AND
PREVENTION OF DISCHARGE OF DELETERIOUS SUBSTANCES
WCB
WORK COMPENSATION BOARD (PROVINCIAL)
Provincial - WCB
PROMOTING WORKPLACE HEALTH AND SAFETY
ENFORCES THE OCCUPATIONAL HEALTH AND SAFETY REGULATION
WORKERS COMPENSATION ACT
DEALS WITH COMPENSATION TO WORKERS AND DEPENDANTS
LIABILITY OF EMPLOYERS
DUTIES OF EMPLOYERS
OCCUPATIONAL HEALTH AND SAFETY
Air quality issues that are handled under WorkSafeBC
INDOOR AIR QUALITY (IAQ)
ENVIRONMENT TOBACCO SMOKE (ETS)
MAIN AIR ISSUES IN BUILDINGS
DUST
METALS
CARBON MONOXIDE
Forest and Range Practices Act
PROTECTING FORESTRY AREAS
PLANNING
ROAD BUILDING
LOGGING
REFORESTATIONS
GRAZING
GOVERNS FOREST RELATED ACTIVITIES
GUIDANCE FOR WORKING IN AND ABOUT A STREAM
Guidance for working in and about a stream
FISH STREAM CROSSING GUIDEBOOK
RIPARIAN MANAGEMENT AREA GUIDEBOOK
BC Energy Regulator functions
REGULATE
OIL AND GAS
LIQUEFIED NATURAL GAS (LNG)
GEOTHERMAL
HYDROGEN
Energy resource activities act
ENVIRONMENTAL PROTECTION AND MANAGEMENT
Local Government Act
Municipalities are responsible for bylaws
SEDIMENT CONTROL
EROSION PROTECTION WASTEWATER DISCHARGE WATERCOURSE PROTECTION DRAINAGE AND TREE RETENTION AQUATIC PROTECTION
Responsible for the effective protection, management and conservation of B.C.’s water, land , air and living resources
THE MINISTRY OF ENVIRONMENT & CLIMATE CHANGE STRATEGY
Ministry of Environment & Climate Change Strategy functions:
CLIMATE CHANGE
DISCHARGES TO THE ENVIRONMENT
RESPONDING TO ENVIRONMENTAL RISKS
PROTECTING ECOSYSTEMS
MONITORING AND ENFORCING COMPLIANCE
PLUS OTHER AREAS
BCEAA
BC ENVIRONMENTAL ASSESSMENT ACT
EMA
ENVIRONMENTAL MANAGEMENT ACT
HWR
HAZARDOUS WASTE REGULATION
CSR
CONTAMINATED SITES REGULATION
Ministry of Environment and Climate Change Strategy goals
EFFECTIVE, LONG-TERM ACTION ON CLIMATE CHANGE
CLEAN AND SAFE WATER, LAND AND AIR
HEALTHY AND DIVERS NATIVE SPECIES AND ECOSYSTEMS
Fisheries strategy to our fish stocks before its too late (fish and fish habitat)
Part of the Water Sustainability Act
Balances the needs of fish with the needs of people, to benefit both
BC Fish Protection Act
Major objectives of BC Fish Protection Act
ENSURING SUFFICIENT WATER FOR FISH
PROTECTING AND RESTORING FISH HABITAT
IMPROVED RIPARIAN PROTECTION AND ENHANCEMENT
STRONGER LOCAL GOVERNMENT POWERS IN ENVIRONMENTAL PLANNING
Formerly “Fish Protection Act”
RIPARIAN AREAS PROTECTION REGULATION
Areas that are highly productive ecosystems and are a critical source of British Columbia’s biodiversity
RIPARIAN AREAS
Purpose of Riparian Areas Protection Regulation
TO PROTECT THE MANY AND VARIED FEATURES, FUNCTIONS AND CONDITIONS THAT ARE VITAL FOR MAINTAINING STREAM HEALTH AND PRODUCTIVITY INCLUDING
SOURCE OF LARGE ORGANIC DEBRIS, SUCH AS FALLEN TRESS AND TREE ROOTS
AREAS FOR STREAM CHANNEL MIGRATION VEGETATIVE COVER TO HELP MODERATE WATER TEMPERATURE
PROVISION OF FOOD, NUTRIENTS AND ORGANIC MATTER TO THE STREAM
STREAM BANK STABILIZATION
BUFFERS FOR STREAMS FROM EXCESSIVE SILT AND SURFACE RUN-OFF POLLUTION
Ensure a sustainable supply of fresh, clean water that meets the needs of BC’s residents today and in the future
WATER SUSTAINABILITY ACT (FEB 2016)
List of regulations for managing the diversion and use of water sources.
WATER SUSTAINABILITY REGULATION
GROUNDWATER PROTECTION REGULATION
DAM SAFETY REGULATION
WATER SUSTAINABILITY FEES, RENTALS AND CHARGES TARIFF REGULATION
WATER DISTRICT REGULATION
Confirms the Province’s ownership of surface and groundwater, limits bulk water removal and prohibits the large-scale diversion of water between major provincial watersheds and / or locations outside the province.
WATER PROTECTION ACT (WPA)
Also referred to as the “instream work window” and “instream reduced risk work window”.
INSTREAM WINDOW
Positive effect of considering instream window when working.
THERE IS A REDUCED RISK OF DAMAGE TO SPAWNING HABITAT, FISH EGGS, AND JUVENILE FISH AND REDUCED IMPACTS TO ADULT AND JUVENILE AQUATIC ORGANISMS THAT MAY BE MIGRATING, OVER-WINTERING OR REARING.
Natural watercourse, including a natural glacier course or natural body of water.
Can include a lake, pond. river, creek. spring, ravine, gulch, wetland features with open standing water, or glacier
STREAM
A period of reduced risk during which a particular type of works (i.e., instream works or vegetation clearing) are permitted.
Also known as “reduced risk window” and “window at least risk”
Vary depending on a site-specific basis, depending on which species may be present and the sensitivity of habitat.
TIMING WINDOW
Protect wildlife and wildlife habitat in BC
WILDLIFE ACT
Wildlife Act Section 34 - No possessing, taking, injuring, molesting or destroying of
A BIRD OR ITS EGGS
THE NEST OF AN EAGLE, PEREGRINE FALCON, GYRFALCON, OSPREY, HERON OR BURROWING OWL
THE NEST OF A BIRD NOT REFERRED TO IN (2) WHEN THE NEST IS OCCUPIED BY BIRD OR ITS NEST
Prohibits the disturbance, molestation and destruction of beaver and muskrat dens
WILDLIFE ACT SECTION 9
A comprehensive guide to maintaining environmental values during the development of urban and rural lands
DEVELOP WITH CARE 2014: ENVIRONMENTAL GUIDELINES FOR URBAN AND RURAL LAND DEVELOPMENT IN BRITISH COLUMBIA
Develop with Care 2014: Environmental Guidelines for Urban and Rural Land Development in British Columbia is prepared for use by:
LOCAL GOVERNMENTS
THE DEVELOPMENT COMMUNITY
LANDOWNERS AND ENVIRONMENTAL ORGANIZATIONS
The overall environmental act in BC
ENVIRONMENTAL MANAGEMENT ACT (EMA)
Under EMA
CONTAMINATED SITES REGULATION (CS)
HAZARDOUS WASTE REGULATION (HWR)
WASTE DISCHARGE REGULATION (WDR)
Common triggers that bring sites to the ENV’s attention
SPILL REPORTS
COMPLAINTS
RECEIPT OF SITE PROFILES
LEGAL NOTIFICATIONS AND APPLICATIONS
Screening tool to identify potentially contaminated sites.
SITE DISCLOSURES
Completion of site disclosures only when potentially contaminated sites are
BEING DECOMMISSIONED
IN FORECLOSURE PROCEEDINGS
SUBJECT TO LOCAL GOVERNMENT APPLICATIONS / PERMITS
BEING SOLD
SUBDIVISION APPLICATION
ZONING, DEVELOPMENT, OR BUILDING PERMIT APPLICATIONS
Site disclosures are useful for
DEVELOPERS
LAWYERS
LENDERS
REAL ESTATE AGENTS
LANDOWNERS
PURCHASERS
AND ANY REAL ESTATE TRANSACTION
A record decisions.
Information about a site’s basic characteristics, legal events and milestones in the remediation process.
A site that has been evaluated, whether a site is clean or contaminated
SITE REGISTRY
Contaminated sites process
- IDENTIFY SITES
- INVESTIGATE SITE
- IS SITE CONTAMINATED
- LIABILITY RESPONSIBILITY
- ALLOCATION PANEL - PRIORITY TO REMEDIATE
- ORDERED REMEDIATION
- ELECT VOLUNTARY REMEDIATION
- ELECT INDEPENDENT REMEDIATION - DEVELOP REMEDIAL PLAN
- OBTAIN AIP
- OBTAIN SOIL RELOCATION AGREEMENT - REMEDIATE SITE
SITE CLOSURE
- OBTAIN COC
- SITE MONITORING
PSI
PRELIMINARY SITE INVESTIGATION
DSI
DETAILED SITE INVESTIGATION
A plan to clean up or assess risk (risk management)
REMEDIAL PLAN
AIP
Approval in Principle
CONTAMINATED SITES PROCESS
SITE DISCLOSURE OR OTHER TRIGGER (DUE DILIGENCE)
PSI (PRELIMINARY SITE INVESTIGATION)
- STAGE 1: HISTORICAL
- STAGE 2: TESTING TO CONFIRM CONTAMINATION
DSI (DETAILED SITE INVESTIGATION)
REMEDIAL PLAN
CLOSURE
Issue at the site: why investigate.
DUE DILIGENCE FOR SALE
BUYER FINANCING
POSSIBLE CONTAMINATION FROM FORMER RAILWAY