Littoral Areas (Seashore)

Where the sea meets the shore, there is an astounding variety of life.  Shallow water and abundant nutrients result in a wide range of aquatic life, on which both marine and terrestrial animals can feast. 

Human activities can have a large impact on life in this area. 

Under the Land Act, private land in B.C. extends only to the high-tide mark.  Or to put it another way, land below the high-tide mark in B.C. belongs to the provincial government.  Indeed, the seabed also belongs to the Crown (see the Oceans page for discussion of when seabed will belong to the province, and when to the federal government). 

This means that activities that will disrupt the seashore will require a government grant or lease under the Land Act.  This goes for such structures and activities as:

·         Building a wharf or pier or other structure attached to the “foreshore” (the area between the high and low tide marks) or seabed.

·         Locating fish farms or other floating structures attached to the seabed. 

·         Construction of breakwaters or anti-erosion measures in or below the high tide mark.

·         Removal of sand/gravel from the seabed or foreshore (including dredging). 

Inasmuch that activities in the inter-tidal zone are likely to have an impact on fish and fish habitat, the federal government’s Fisheries Act is likely to apply.  Of special interest is the rule against harmful alteration of fish habitat.  For information, see the Guide’s page on protection of fisheries values.

In addition, construction in navigable water (and ocean areas would generally qualify) will generally invoke the Navigable Waters Protection Act.  However, the federal Department of Transport may exempt construction from requiring government approval under that Act if the construction does not “interfere substantially with navigation.” 

Approvals required under either the Fisheries Act or the Navigable Rivers Protection Act may also give rise to considerations under the Canadian Environmental Assessment Act if the work being done raises major environmental considerations. 

Large scale alteration of littoral areas may also require an environmental assessment under the Province’s Environmental Assessment Act.  Unless the government considers that an environmental assessment is not necessary, one will generally be required for projects that changes a stream, estuary or coastline and results in the disturbance of more than 1000km of linear shoreline or more than 2 hectares of foreshore or seabed.  However, shoreline clean up, periodic “maintenance dredging” or the construction of a ferry terminal or marine port are exempted from this requirement.

The federal and provincial governments have been working together to develop more general Coastal Plans, as part of broader land use planning.  These plans are intended to guide other government decision-making that may have an impact on coastal areas. 

The judge-made common law has always held that a person who owns property on the shore of an ocean has certain “littoral rights”.  These include the right of access to the ocean and to have the same quality of water reaching the property.  Littoral rights are similar in law to riparian rights except B.C. law has placed certain limits on riparian rights – not so with littoral rights.  A person could go to court to enforce littoral rights

Related Guide pages:

·         Oceans

·         Navigable Waters

·         Riparian (River Bank) areas

·         Coastal Development

·         Coastal Plans

For more information on the seashore:

·         Preserving British Columbia’s Coast: A Regulatory Overview – A publication of West Coast Environmental Law focusing on the laws governing coastal areas in B.C.

·         Life at the Edge – A very basic introduction to some of the animals that live in the inter-tidal zone in B.C.

·         Land and Water BC – The Government Agency that controls who can use the foreshore.