Shipping and Ports

As they cross marine and freshwater bodies of water ships and boats can have enormous impacts on the local environment: waves can erode river banks, boats can disturb nesting birds, and waste discharges from both small pleasure craft and large vessels can pollute local waters. The Canadian Coast Guard identifies seal haul-outs, bird rookeries, estuaries and wetlands as being particularly sensitive to boat traffic. Pollution from ships is also a significant issue. During the peak summer season in BC an average of twenty ships carrying 2,000 passengers each ply BC waters, discharging approximately 2.5 million gallons per day of sewage, equivalent to the sewage discharged from Alaska’s capital city, Juneau (Cruise Control, p. 16). Anchorages that are popular with boaters because of protection from weather and warm water for swimming are also the most susceptible to pollution from small boat sewage. Port facilities can also have impacts on sensitive environments, as they are often built on litoral areas, in estuaries or on highly productive fish habitat.

^{Regulation of Shipping and Boating}

^{The federal government has jurisdiction over shipping
and navigation, with recent court cases suggesting that the Province does not
have the power to make environmental protection orders that restrict
boating. Canada
Shipping Act regulations restrict pollution from ships and boats, and the
Canadian Environmental Protection Act regulates ocean dumping (the disposal by
ships and barges of waste generated on land onto the ocean floor). Regulations under Canada Shipping Act also
place limits on ship speed, engine size and restricts use of boats in some
waters. Canada Shipping Act regulations
also limit discharge of ship sewage in several bay and lakes in BC. Stewardship groups concerned about a
particular body of water can lobby the federal Minister of Transportation to
expand these limited protections.}

^{In some cases the power to regulate navigation has been
delegated to port authorities. For
instance, the Vancouver Port Authority has the authority to regulate navigation
in that part of Burrard Inlet east of Point Atkinson, Roberts Bank and Boundary
Bay. This regulatory authority is much
more geographically extensive than the area of federal land administered by the
authority (Burrard Inlet east of Lions Gate Bridge).}

^{Ports and Harbours}

^{Under the Terms of Union of British Columbia and
Canada, harbours and ports were transferred to the federal government, with
various subsequent agreements setting out exact limits to what land was
transferred. The land owned and operated
by the federal government has include everything from hundreds of very small
public wharfs around to BC, to major ports such as Vancouver, and the Fraser
River foreshore and bed downstream from Kanaka Creek in Maple Ridge. There are various classes of ports in
BC. These include:}

^{Small craft recreational harbours}

^{Until recently small craft recreational harbours were
owned and operated by the Department of Fisheries and Oceans; however, since
1995 the federal government has been actively transferring small harbours to
local governments, the province or the private sector. Of 64 small craft
harbours in BC, only 13 have not yet been divested. As municipalities and local governments acquire recreational
harbours, decisions relating to the development of these harbours will be made
through local government processes.}

^{Small Craft Commercial fishing harb}^ours

^{There are approximately 150 commercial fishing harbours
in BC. These are administered by the
Department of Fisheries and Oceans under the Fishing and Recreational
Harbours Act., Approximately half of these harbours are leased to and
operated by local harbour authorities. Harbour authorities are typically
non-profit, locally controlled organizations whose members have strong ties to
the community and the local fishing industry. Projects undertaken by the
Department of Fisheries and Oceans will trigger federal environmental
assessments under the Canadian
Environmental Assessment Act, but Harbour Authorities are not “federal
authorities” for the purposes of that Act.
Projects undertaken by them will fall outside of the Canadian
Environmental Assessment Act unless
the project is funded by the federal government, requires a change to a lease
or requires a federal permit. Projects
in harbours may, however, trigger
provincial environmental assessments under the British
Columbia Environmental Assessment Act.}

^{Public Ports}

^{A handful of medium sized ports in BC are designated by
the Canada Marine Act as public ports, administered by
Transport Canada. Projects undertaken
by Transport Canada will trigger
federal environmental assessments under
the Canadian Environmental Assessment Act. These ports include Victoria, Bamfield,
Uclulet, Powell River, Campbell Riverof that, Nanoose Bay, Esquimalt, Gold
River, Stewart and Snug Cove on Bowen Island.
Regulations under the Canada Marine Act control boat speed in these
ports.}

^{Port Authority Administered Harbours}

^{Major ports in Canada are administered by port
authorities created under the Canada Marine Act. Port Authorities in BC include the Vancouver
Port Authority, the Port Alberni Port Authority, the North Fraser Port
Authority, the Fraser River Port Authority and the Prince Rupert Port
Authority. Port authorities regulate
shipping and navigation in the ports and often have active environmental
programs. In addition, under the Canada Marine Act the federal government
retains the power to regulate navigation and environmental protection.}

^{The Canada Marine Act to have
detailed land use plans for the land administered by them. The plans regulate use and the types of buildings
and structures permitted. Although the
Act requires public notification of draft plans, the planning requirement is
only a one time requirement. However,
public notice is required for all substantive requirements. While the public has an opportunity to
comment on land use plans and amendments, the adoption of plans is solely
within the control of the Port Authority.}

^{The Canada
Port Authority Environmental Assessment Regulations}^{require port authorities to conduct
environmental assessments when they undertake projects that are subject to the,
lease or dispose of land to enable a project, or fund a project. This requirement only applies to projects as
defined in the Canadian Environmental Assessment Act. Port authorities are required to invite
public involvement in assessments if they are aware of “any special
circumstances that would make the project of interest to the public.”}

^{Port authorities may also have environmental assessment
processes that go beyond what is required by the Canadian Environmental
Assessment Act, for instance, Vancouver Port Authority and Fraser River Port
Authority require environmental screening for all projects and activities which
require their approval. The Fraser
River Port Authority is also active in the Fraser River Estuary Management Plan.}