How the BC Legislature Manages Nature

The legislature of the Province of British Columbia assigns powers to the government (the cabinet) to manage sustainability and biodiversity. The legislature has created a number of mechanisms to allow the government to manage and protect biodiversity in different statutes. The Mechanisms are set out in the following statutes.

Most legislation gives the government and cabinet ministers powers without assigning them with statutory duties (responsibilities). One notable exception is the Park Act which assigns duties to the minister assigned responsibilities for parks and the Forest Act which assigns duties to the Chief Forester and the Minister related to determination of the allowable cut (see below).

Auditor General Act

The Auditor General Act creates the office of the Auditor General which explores the functioning of government and reports its evaluations directly to the legislature for action. The auditor general has filed numerous reports relating to biodiversity and sustainability.

Park Act

The legislature protects a substantial portion of the province under the Park Act.

The Park Act provides for the establishment, classification, and management of parks, conservancies, recreation areas, natural resources, and wildlife (and their habitats) in parks. The responsible minister has a statutory duty to manage and administer, all matters concerning parks, conservancies (s6). The Park, Conservancy and Recreation Area Regulation addresses management and protection of park resources.

Class A Parks: Class A parks are lands dedicated to the preservation of their natural environment for the inspiration, use and enjoyment of the public. Development in a Class A park is limited to that which is necessary for the maintenance of its recreational values. Activities such as grazing, hay cutting and other uses (except commercial logging, mining or hydroelectric development) that existed at the time the park was established may be allowed to continue in certain parks.

Conservancies s5(3.1) are set aside for:

• the protection and maintenance of their biological diversity and natural environments;
• the preservation and maintenance of social, ceremonial and cultural uses of First Nations;
• the protection and maintenance of their recreational values;
• development or use of natural resources.

Conservancies provide a wider range of low impact, compatible economic opportunities than Class A parks, however, commercial logging, mining and hydroelectric power generation (other than local run-of-the river projects) are prohibited.

Designated Wildland Areas (s1), are roadless areas in a park, conservancy or recreation area that are retained in a natural condition for the preservation of its ecological environment and scenic features.

Ecological Reserve Act

The Ecological Reserve Act provides for the establishment and administration of ecological reserves. These reserves constitute about .001% of the area of the province.

The Park, Conservancy and Recreation Area Regulation applies to ecological reserves as if they were parks. The Ecological Reserve Regulations address additional restrictions in ecological reserves to ensure protection of the resources within.

Wildlife Act

The Wildlife Act creates Wildlife Management Areas (s1) and Critical Wildlife areas and Wildlife Sanctuaries (s5). The cabinet may authorizing the minister responsible for the Wildlife Act to establish ungulate winter range, wildlife habitat areas and effect general wildlife measure consistent with the objectives set by government that pertain to the area. (s149.1)

The Wildlife Act protects most all vertebrate animals from direct harm, except as allowed by regulation (e.g., hunting or trapping).

The Wildlife Act also authorizes direct management of wildlife (e.g., translocation, predator control) or human activities (e.g., recreational vehicle closures) where it is necessary to achieve recovery objectives and the management of species at risk.

Forest Act

The Forest Act (s8) requires the chief forester to determine an allowable cut at least once every 10 years and sets out the factors the Chief Forester must consider when determining the allowable cut. The Minister of forests has some power to required the chief forester to make annual cut determinations. The cumulative effect of logging is to reduce remaining areas suitable as protected areas

The Forest Act allows for the creation of a designated area (s169).

Forest and Range Practices Act

The Forest and Range Practices Act allows the government may make regulations prescribing objectives in relation to 149(h) biodiversity. The Chief Forester may set standards for Forests and Range Practices (s169).

A person carrying out a forest practice or a range practice must carry out measures specified in the plan, or authorized by the minister to prevent the introduction or spread of prescribed species of invasive plants.

Government Actions Regulation

Government Actions Regulation allow the minister responsible for wildlife to set objectives for the management of wildlife and their habitat. Wildlife may be identified as species at risk if they are endangered, threatened or vulnerable. Species that have been identified to date include species whose habitats may be affected by forest or range practices. Habitat for identified species at risk may be managed through the establishment of Wildlife Habitat Areas (s10 ) and General Wildlife Measures (s9). Establishment is guided by the Identified Wildlife Management Strategy.

More than 2,100 WHAs (covering 3,708,577 hectares in total) have been established for species and ecological communities.

Land Act

The Land Act can be used to establish map reserves to manage habitat or restrict activities that may be harmful to a species’ habitat. Land use orders or permits can be included as part of land use planning and strategic agreements .

Oil and Gas Activities Act (OGAA)

Wildlife species may be identified as at risk under the Environmental Protection and Management Regulation. The Oil and Gas Activities Act (OGAA) includes the same species listed as at risk under FRPA, as well as the WHAs established under that Act. More information can be found in the Environmental Protection and Management Guideline (BC Oil & Gas Commission).

Mineral Tenures Act

Mineral Tenures Act: A reserve can be requested at this link to reserve mineral harvest from occurring in species at risk habitat at the discretion of the Chief Gold Commissioner.