Lesson 3: Legistlation 2024 Handbook Flashcards

1
Q

Lead federal role in managing Canada’s fisheries and safeguarding its waters.

A

FISHERIES ACT

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2
Q

Fisheries Act

A

PROTECT FISH DURING CONSTRUCTION

HABITAT ALTERATION, DISRUPTION, OR DESTRUCTION (HADD) OF FISH AND FISH HABITAT

PROHIBITS POLLUTION OF WATER INHABITIED BY FISH

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3
Q

HADD

A

HABITAT ALTERATION, DISRUPTION, OR DESTRUCTION

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4
Q

Fisheries act changes in 2019.

A

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

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5
Q

Fish definition as per Fisheries Act

A

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

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6
Q

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.

A

FISH HABITAT

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7
Q

The instream and out-of-stream habitats such as side channels, wetlands, riparian areas.

A

FISHERIES SENSITIVE ZONE (FSZ)

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8
Q

Vegetation located next to streams that have a direct influence on aquatic habitat.

A

RIPARIAN ZONE

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9
Q

The measure maximum capability of a habitat to produce fish and / or food organisms in natural or restored conditions.

A

PRODUCTIVE CAPACITY

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10
Q

DFO

A

DEPARTMENT OF FISHERIES AND OCEANS

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11
Q

Functions of DFO

A

PROTECT FISH AND FISH HABITAT

PROVIDES MECHANISMS FOR ALLOWING DEVELOPMENT WHILE PROTECT FISH AND HABITAT

CONVICTIONS CAN LEAD TO FINES AND / OR IMPRISONMENT

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12
Q

Has no-net -loss (NNL) policy

A

DFO

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13
Q

Overall objective of DFO

A

NET GAIN OF FISH HABITAT

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14
Q

DFO Goals

A

MAINTAIN CURRENT PRODUCTIVE CAPACITY OF FISH HABITALS (NNL PRINCIPLE)

REHABILITATE PRODUCTIVE CAPACITY OF FISH HABITAT

CREATE AND IMPROVE PRODUCTIVE CAPACITY OF FISH HABITAT

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15
Q

Hierarchy of habitat value

A

SPAWNING HABITAT

REARING HABITAT

OFF CHANNEL HABITAT

MIGRATORY HABITAT

WETLANDS (NON-ACCESSIBLE)

NATIVE RIPARIAN

NON-NATIVE RIPARIAN

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16
Q

Implemented during projects planning, design, construction and / or operation when habitat is threatened

A

MITIGATION

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17
Q

Measures to protect fish and fish habitat

A

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

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18
Q

Most common mitigation measures include:

A

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

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19
Q

Implemented when residual impacts of projects on habitat productive capacity are still deemed harmful.

A

HABITAT COMPENSATION

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20
Q

Most commonly used habitat compensation

A

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

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21
Q

Guidelines used during land development projects to help meet the objectives of the Fisheries Act

A

LAND DEVELOPMENT GUIDELINES FOR THE PROTECTION OF AQUATIC LIFE

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22
Q

Goals of Land Development Guidelines for the Protection of Aquatic Life

A

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

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23
Q

Objectives of Land Development Guidelines for the Protection of Aquatic Life

A

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

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24
Q

WCB

A

WORK COMPENSATION BOARD (PROVINCIAL)

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25
Q

Provincial - WCB

A

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

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26
Q

Air quality issues that are handled under WorkSafeBC

A

INDOOR AIR QUALITY (IAQ)

ENVIRONMENT TOBACCO SMOKE (ETS)

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27
Q

MAIN AIR ISSUES IN BUILDINGS

A

DUST

METALS

CARBON MONOXIDE

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28
Q

Forest and Range Practices Act

A

PROTECTING FORESTRY AREAS
PLANNING
ROAD BUILDING
LOGGING
REFORESTATIONS
GRAZING

GOVERNS FOREST RELATED ACTIVITIES
GUIDANCE FOR WORKING IN AND ABOUT A STREAM

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29
Q

Guidance for working in and about a stream

A

FISH STREAM CROSSING GUIDEBOOK

RIPARIAN MANAGEMENT AREA GUIDEBOOK

30
Q

BC Energy Regulator functions

A

REGULATE
OIL AND GAS
LIQUEFIED NATURAL GAS (LNG)
GEOTHERMAL
HYDROGEN

31
Q

Energy resource activities act

A

ENVIRONMENTAL PROTECTION AND MANAGEMENT

32
Q

Local Government Act

A

Municipalities are responsible for bylaws
SEDIMENT CONTROL

  EROSION PROTECTION
  
  WASTEWATER DISCHARGE

  WATERCOURSE PROTECTION

  DRAINAGE AND TREE RETENTION

   AQUATIC PROTECTION
33
Q

Responsible for the effective protection, management and conservation of B.C.’s water, land , air and living resources

A

THE MINISTRY OF ENVIRONMENT & CLIMATE CHANGE STRATEGY

34
Q

Ministry of Environment & Climate Change Strategy functions:

A

CLIMATE CHANGE

DISCHARGES TO THE ENVIRONMENT

RESPONDING TO ENVIRONMENTAL RISKS

PROTECTING ECOSYSTEMS

MONITORING AND ENFORCING COMPLIANCE

PLUS OTHER AREAS

35
Q

BCEAA

A

BC ENVIRONMENTAL ASSESSMENT ACT

36
Q

EMA

A

ENVIRONMENTAL MANAGEMENT ACT

37
Q

HWR

A

HAZARDOUS WASTE REGULATION

38
Q

CSR

A

CONTAMINATED SITES REGULATION

39
Q

Ministry of Environment and Climate Change Strategy goals

A

EFFECTIVE, LONG-TERM ACTION ON CLIMATE CHANGE

CLEAN AND SAFE WATER, LAND AND AIR

HEALTHY AND DIVERS NATIVE SPECIES AND ECOSYSTEMS

40
Q

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

A

BC Fish Protection Act

41
Q

Major objectives of BC Fish Protection Act

A

ENSURING SUFFICIENT WATER FOR FISH

PROTECTING AND RESTORING FISH HABITAT

IMPROVED RIPARIAN PROTECTION AND ENHANCEMENT

STRONGER LOCAL GOVERNMENT POWERS IN ENVIRONMENTAL PLANNING

42
Q

Formerly “Fish Protection Act”

A

RIPARIAN AREAS PROTECTION REGULATION

43
Q

Areas that are highly productive ecosystems and are a critical source of British Columbia’s biodiversity

A

RIPARIAN AREAS

44
Q

Purpose of Riparian Areas Protection Regulation

A

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

45
Q

Ensure a sustainable supply of fresh, clean water that meets the needs of BC’s residents today and in the future

A

WATER SUSTAINABILITY ACT (FEB 2016)

46
Q

List of regulations for managing the diversion and use of water sources.

A

WATER SUSTAINABILITY REGULATION

GROUNDWATER PROTECTION REGULATION

DAM SAFETY REGULATION

WATER SUSTAINABILITY FEES, RENTALS AND CHARGES TARIFF REGULATION

WATER DISTRICT REGULATION

47
Q

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.

A

WATER PROTECTION ACT (WPA)

48
Q

Also referred to as the “instream work window” and “instream reduced risk work window”.

A

INSTREAM WINDOW

49
Q

Positive effect of considering instream window when working.

A

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.

50
Q

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

A

STREAM

51
Q

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.

A

TIMING WINDOW

52
Q

Protect wildlife and wildlife habitat in BC

A

WILDLIFE ACT

53
Q

Wildlife Act Section 34 - No possessing, taking, injuring, molesting or destroying of

A

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

54
Q

Prohibits the disturbance, molestation and destruction of beaver and muskrat dens

A

WILDLIFE ACT SECTION 9

55
Q

A comprehensive guide to maintaining environmental values during the development of urban and rural lands

A

DEVELOP WITH CARE 2014: ENVIRONMENTAL GUIDELINES FOR URBAN AND RURAL LAND DEVELOPMENT IN BRITISH COLUMBIA

56
Q

Develop with Care 2014: Environmental Guidelines for Urban and Rural Land Development in British Columbia is prepared for use by:

A

LOCAL GOVERNMENTS

THE DEVELOPMENT COMMUNITY

LANDOWNERS AND ENVIRONMENTAL ORGANIZATIONS

57
Q

The overall environmental act in BC

A

ENVIRONMENTAL MANAGEMENT ACT (EMA)

58
Q

Under EMA

A

CONTAMINATED SITES REGULATION (CS)

HAZARDOUS WASTE REGULATION (HWR)

WASTE DISCHARGE REGULATION (WDR)

59
Q

Common triggers that bring sites to the ENV’s attention

A

SPILL REPORTS

COMPLAINTS

RECEIPT OF SITE PROFILES

LEGAL NOTIFICATIONS AND APPLICATIONS

60
Q

Screening tool to identify potentially contaminated sites.

A

SITE DISCLOSURES

61
Q

Completion of site disclosures only when potentially contaminated sites are

A

BEING DECOMMISSIONED

IN FORECLOSURE PROCEEDINGS

SUBJECT TO LOCAL GOVERNMENT APPLICATIONS / PERMITS

BEING SOLD

SUBDIVISION APPLICATION

ZONING, DEVELOPMENT, OR BUILDING PERMIT APPLICATIONS

62
Q

Site disclosures are useful for

A

DEVELOPERS

LAWYERS

LENDERS

REAL ESTATE AGENTS

LANDOWNERS

PURCHASERS

AND ANY REAL ESTATE TRANSACTION

63
Q

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

A

SITE REGISTRY

64
Q

Contaminated sites process

A
  1. IDENTIFY SITES
  2. INVESTIGATE SITE
  3. IS SITE CONTAMINATED
  4. LIABILITY RESPONSIBILITY
    - ALLOCATION PANEL
  5. PRIORITY TO REMEDIATE
    - ORDERED REMEDIATION
    - ELECT VOLUNTARY REMEDIATION
    - ELECT INDEPENDENT REMEDIATION
  6. DEVELOP REMEDIAL PLAN
    - OBTAIN AIP
    - OBTAIN SOIL RELOCATION AGREEMENT
  7. REMEDIATE SITE

SITE CLOSURE
- OBTAIN COC

  1. SITE MONITORING
65
Q

PSI

A

PRELIMINARY SITE INVESTIGATION

66
Q

DSI

A

DETAILED SITE INVESTIGATION

67
Q

A plan to clean up or assess risk (risk management)

A

REMEDIAL PLAN

68
Q

AIP

A

Approval in Principle

69
Q

CONTAMINATED SITES PROCESS

A

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

70
Q

Issue at the site: why investigate.

A

DUE DILIGENCE FOR SALE

BUYER FINANCING

POSSIBLE CONTAMINATION FROM FORMER RAILWAY