Federal Land
Most land in BC is owned by the
provincial government (94%), with the federal government
owning only about 1% of the province’s land-base. Sea-bed outside of the bed of bays, inlets and other in-land waters
(and outside the sea-bed of the Straight of Georgia) are also federally
owned.
What Crown Lands are Federally Owned
Unlike the provincial
government, federal lands are generally owned for a specific purpose. Each piece of land is therefore usually held
by one government ministry. Some common
types of private land in B.C. include:
·
National Parks and National Park Reserves –
Established under the Canada National Park Act,
these parks and park reserves are administered by Parks
Canada. Park
Management Plans help set out what will occur in national parks.
·
National Defence Lands – army and naval bases,
test ranges, and other military facilities are federal lands.
·
National Wildlife Areas - Created under the Canada Wildlife Act, National Wildlife Areas are subject to
special environmental protection regulations.
·
Airports -- Transport
Canada or authorities created by the federal government often own
and/or operate airports and port facilities.
However, some airports are privately owned.
·
Ports -- Most significant ports are federally
owned. Major ports are subject to
special environmental assessment regimes and have their own planning processes
and regulatory authorities. See the
Guide Page on Shipping and Ports
·
Federal government offices – Federal government
offices are owned and operated by Public Works and
Government Services Canada.
·
Indian Reserves –
Although generally traditional village sites of First Nations, the Constitution
Act, 1867 gave responsibility for “Indian Lands” to the federal government, and
the Indian Reserves, created under the Indian Act
have always been treated as federal land.
However, because of the special rules and constitutional considerations
surrounding Indian Reserves, there is a separate page
of the guide discussing them.
This is not a comprehensive
list of federal lands, but merely examples of some of the more common
types.
Laws applying to Federal Lands
Each of the above types of
federal land have their own laws applying to them. Other federal land use designations
are also created and defined by different federal statutes.
However, there are a series of
laws and other tools that apply to all federal land or to all federal decisions
that are worth keeping in mind when dealing with federal land:
·
The Canadian
Environmental Assessment Act is generally triggered if the
federal government transfers or leases federal land or an interest in federal
land to enable a project. Thus, for
instance, an easement across a strip of federal land to access a mine could
potentially allow an assessment of the access road, and possibly the mine. Depending on the potential consequences and
the size of the project, a significant review of the environmental and social
impacts of a decision may need to be examined.
·
The Species
at Risk Act will protect species at risk and their residences on
federal land. The Species at Risk Act
is expected to come into force some time in 2003.
·
The Canadian
Environmental Protection Act –
Under CEPA the federal Minister of the Environment can set objectives,
guidelines and codes of practice to protect the environment of federal
lands. In addition, the federal Cabinet
may enact regulations for that purpose.
Federal lands are not enclaves
from provincial laws, and provincial laws generally apply to federal land
unless they conflict with federal law or they interfere with a vital aspect of
the federal government’s control over its property. For instance, provincial game laws have been applied to
provincial land, but municipal zoning bylaws and building bylaws do not
apply.
Read about specific
environmental threats or types of land for more information on what other laws
may apply on land of interest.
Related Guide Pages:
·
Federal Laws
·
Federal Planning Processes
