Location of Land

A number of geographic locations in BC have unique laws, policies and planning initiatives affecting the administration of land in that location.  The reason for these laws, policies and initiatives varies: some are driven by conservation motives, some reflect tourism policy, and others support First Nations agreements, initiatives or treaties.  These unique laws, policies and initiatives are listed by their general geographical area and are described briefly below:

Southwestern BC

·         Vancouver Charter:  the Vancouver Charter, S.B.C. 1953, c. 55 grants unique local government powers to the City of Vancouver.  Because of this dedicated legislation, only some of the sections of the Local Government Act apply to the City of Vancouver, as set out in section 2.1 of the Vancouver Charter.

·         Sechelt: the Sechelt Indian Band Self-Government Act (Canada) and the Sechelt Indian Government District Enabling Act, R.S.B.C. 1996, c. 416 constitute special enabling legislation granting self-government powers to the Sechelt Band, affecting the use of land and resources on Sechelt lands, local government service delivery and Sechelt Band citizenship.  The legislation essentially removes Sechelt lands and people from the jurisdiction of the Indian Act.  Apart from this special legislation, it is also to be noted that the Sechelt Band is also involved in treaty negotiations with the federal and provincial governments.

·         Fraser River Estuary Management Program (FREMP):  this program, which partners various government agencies, aims to coordinate the management of development and other activities affecting the Fraser River Estuary, so as to protect the water quality of the Fraser River and respect other environmental, cultural and recreational values that are associated with the estuary.  The guiding document is the Estuary Management Plan.

·         Fraser Basin Council: a not-for-profit, charitable organization dedicated to promoting the sustainability of the Fraser River Basin.  The Council works in a facilitative role with stakeholders and various levels of government to find solutions and strategies for promoting sustainable practices in the Fraser River Basin, an area covering some 25% of BC’s land mass.

Gulf Islands

·         Islands Trust: the Gulf Islands are uniquely regulated by the Islands Trust Act, legislation enacted in 1974 with the purpose of protecting the Trust Area’s unique ecological features, habitat, natural beauty and tranquility, from the pressure of the nearby urban centers.  The Act modifies the application of the Local Government Act and establishes the Islands Trust Council as well as local trust committees for each local trust area or island.  The Islands Trust Fund is a land trust dedicated to conservation of significant natural areas through voluntary conservation methods.

·         Pacific Marine Heritage Legacy:  a joint federal-provincial project designed to acquire ecologically significant lands within the Strait of Georgia Lowlands Region, with a view toward creating a new national park and new provincial protected areas in the Southern Gulf Islands.

·         Georgia Basin Ecosystem Initiative: a partnership of federal, provincial and local government agencies working together since 1998 with First Nations and local and environmental groups towards sustainability in the Georgia Basin, to improve air and water quality, conserve and protect species, and support local environmental and sustainability initiatives.

Elsewhere

·         Columbia River Basin:  the Columbia Basin Trust Act, R.S.B.C. 1996, c. 53 established in 1995 a regional corporation for administering the Columbia Basin Trust, a trust established in recognition of the negative effects (including displacement) that were sustained by local residents as a result of the flooding/damming of the Basin and the power plant projects.  In response to public pressure, and as a mitigative measure to alleviate some of the injustice of the heavy burden sustained by the affected communities, the Trust allocates some of the downstream economic benefits of the Columbia River Treaty (with the United States) towards support the social, economic and environmental well-being of the region most affected.

·         Peace River: the Peace River District’s lands are affected by the priority rights and obligations accorded under Treaty No. 8, entered into in 1899; additionally, further land claim negotiations are ongoing among the Treaty 8 bands and the provincial and federal governments outside of the BC Treaty Commission’s process.

·         Nisga’a territory:  BC’s first modern treaty affects Nisga’a people, Nisga’a lands and resources and local government service delivery.  Nisga’a lands are found north-east of Prince Rupert along the Nass River valley.

·         Fraser Basin Council: (see entry under Southwestern BC, above)

·         Results Based Code pilots:  as one means to assist the province in transitioning to a “results based” (reduced regulatory) forest management model, Part 10.1 of the Forest Practices Code of B.C. Act allows companies to be exempted on a “pilot” basis from the provisions of the Forest Practices Code and permitted to operate or “test out” various “results-based” models instead.  Currently, six such pilot projects are in operation around the province.  The province’s website on the FPC pilots links to further information.    

·         Muskwa-Kechika: the Muskwa-Kechika Management Area Act, S.B.C. 1998, c. 38, establishes a special management area in which mining and resource development activities, as well as recreation, hunting, trapping and timber harvesting activities are allowed to continue, but are managed so as to maintain and sustain the unique wilderness characteristics of this area in northeastern BC.  The Act also establishes a trust fund which purposes to support wildlife, wilderness resources and ecosystems through research and integrated management of development activities.

·         Whistler Resort Municipality: the Resort Municipality of Whistler Act, R.S.B.C. 1996, c. 407 is special legislation that applies to the resort municipality of Whistler and the “resort land” which is defined in Schedule B.  Where this Act is inconsistent with the Local Government Act, this Act applies; otherwise, the Local Government Act applies.  The Act continues the Whistler Resort Association, a corporation having as its purpose the development, maintenance and operation of the resort lands, and which is empowered to make bylaws.

·         Treaty Negotiations: the provincial and federal governments are in treaty negotiations with First Nations across the province.  More information on treaties is available from the BC Treaty Commission.

In addition to the above tools, governments can develop plans that govern how they will treat a particular area.  In particular, be aware of:

·         Strategic Land Use Plans which identify the provincial government’s land use goals for a particular region; and

·         Official Community Plans which are developed by local governments to set out the long term objectives for areas under that government’s control.

See the Guide page on Planning Processes for more information on different types of plans that may apply. 

 

Related Guide Pages:

·         Planning Processes