Coastal Development

Wharves, piers, shoring up erosion, building cottages on the beach.  Property owners living next to a beach often build features designed to enhance the benefit they receive from the beach. 

However the beach area, also known as the littoral area, is an ecologically sensitive area, and it is regulated by the federal government. 

Provincial Ownership

In addition, the provincial government generally owns the foreshore (land below the high water mark) and the seabed near to the land (see the Oceans page of the Guide for a more detailed discussion about where provincial ownership of the seabed ends and federal ownership begins). 

As the province owns these areas, any activity on the foreshore or seabed will generally require permission or a lease from the provincial government under the Land Act. 

Finally, any major redevelopment of the shoreline may require an environmental assessment under the province’s Environmental Assessment Act.  If a project involves dredging, filling or other disturbance of more than 1 km of the shoreline or an area of foreshore and seabed of more than 2 hectares an assessment will ordinarily be required, although the Environmental Assessment Office could decide that an environmental assessment is not necessary even then. 

The provincial and federal governments have been working together to develop Coastal Plans to guide government decision-making around coastal development.  While not legally binding, these plans can help ensure proper management of coastal areas.

Federal Regulation

The federal government has constitutional responsibility for fisheries and oceans, as well as for navigation.  Since development in coastal areas can affect either, several pieces of federal legislation may apply. 

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 Waters Protection Act may also give rise to considerations under the Canadian Environmental Assessment Act if the work being done raises major environmental considerations. 

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. 

Related Guide pages:

·         Oceans

·         Navigable Waters

·         Riparian (River Bank) areas

·         Littoral (Seashore) Areas

·         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.