Oceans

The Pacific Ocean, and all the various inlets and straights of B.C.’s coastline, are part of the Province’s identity.  The salmon and the orca (killer whale) are two of the best loved symbols of British Columbia. 

The B.C. Coast is 27,300 km long, with marine environments ranging from open ocean to sheltered inlet.  It is home to nearly 7,000 marine species.

The Ocean Environment can face threats from a variety of sources, including:

·         dumping waste in the ocean,

·         dredging or development which destroys sea-bed,

·         run-off from the land,

·         sewage and other wastes pumped into the ocean from the land.

The Federal Role

Under the Constitution Act, 1867, the Federal Government has responsibility for Oceans.  Consequently, the primary piece of legislation governing oceans is the federal Oceans Act.  The Oceans Act gives the government powers to designate Marine Protected Areas and develop Integrated Management Plans for them. 

In addition, however, there is a range of other federal legislation aimed at protecting marine habitat.  Except as noted, the following Acts are administered by Fisheries and Oceans Canada:

·         Actions that impact marine fish will be subject to the Fisheries Act.

·         Ocean ports are regulated by port authorities created under the Canada Marine Act.

·         Pollution from ocean going vessels is regulated by the Canada Shipping Act

·         The Minister of Canadian Heritage has the power to designate Marine Conservation Areas and Management Plans under the Canada National Marine Conservation Act.

·         The Canadian Wildlife Service has the power under the Canada Wildlife Act to designate National Wildlife Areas to protect important wildlife habitat.  Such marine areas more than 12-km from shore are known as Marine Wildlife Areas. 

Several of the powers to protect marine and develop plans for marine areas are similar in scope, but administered by different branches of the federal government.  They have a common goal, however, of protecting the aquatic environment. 

The Ownership Issue

However, the owner of the seabed may also have some say in what goes on in the ocean (particularly if the activities impact upon the seabed).  The general rule is that the province owns the seabed located between the “jaws of the land”.  The sea-bed of lagoons, bays, sounds and other bodies of water bounded by land is owned by the province. 

However, generally the federal government owns the seabed under open ocean up to 12 nautical-miles from outside shore, and controls the ocean to 200 nautical-miles from the shore.  Because of a quirk of the way B.C. joined Canada, the seabed of the Straight of Georgia, located between Vancouver Island and mainland British Columbia, belongs to the province.  This is an exception to the general rule. 

Actions affecting sea-bed owned by the province will require provincial approval under the Land Act or other provincial legislation.  The Guide’s page on Littoral Areas (Seashore) outlines some of the legislation that may apply. 

Other Legislation/Planning

The federal government is primarily responsible for regulating pollution that originates at sea.  However, much of the pollution that poses a threat to the ocean comes from the land, whether in the form of run-off or waste intentionally pumped into the ocean. 

The federal government has a role here too, particularly where a threat to fish habitat results in the Fisheries Act playing a role. 

However, there are also key pieces of provincial legislation aimed at preventing the introduction of wastes into the environment, including the marine environment.  The provincial Waste Management Act, which regulates the introduction of any pollutant into the environment, the most important of these.  However, depending upon the source and type of pollution other legislation may apply.  Read the pages of the Guide related to the type and source of pollution you are concerned with. 

Related Guide Pages:

·         Oceans Act

·         Canada National Marine Conservation Act

·         Integrated Management Plans

For more information about Oceans:

·         Threats to the Marine Environment from Sea-based Activities in Canada – A paper by Lee Harding (in pdf format) outlining some of the significant risks to the country’s marine environments. 

·         Canada’s Oceans: Experiences and Practices – A Government of Canada discussion of how Canada’s oceans are managed.

·         British Columbia’s Marine Heritage and Biodiversity – Background on B.C.’s ocean environment from the Canadian Parks and Wilderness Society’s Marine Spaces Programme.

·         Marine Pollution Law in British Columbia – A slideshow presentation about laws giving rise to legal liability for ocean pollution in British Columbia prepared by 2 Vancouver lawyers.