Greenbelt Act

 

The purpose of the Greenbelt Act is to empower the government to reserve or acquire land for the purpose of preserving it as greenbelt land.  In urban planning theory a “greenbelt” is a protected area around an urban area to prevent urban sprawl and provide greenspace for the residents of the urban area.  However, “Greenbelt land” is not defined in the Act, except to say that it includes land that the minister considers “suitable for preservation as greenbelt land” or land “reserved or acquired for that purpose.” The Act falls under the responsibilities of the Ministry of Sustainable Resource Management.

 

Cabinet is authorized to directly order Crown land to be reserved as greenbelt land, or Cabinet may authorize the Minister to acquire greenbelt land.  The government is also authorized to make agreements with other governments in respect of greenbelt land; and the Minister of Finance is authorized to accept grants or gifts for the purpose of acquiring greenbelt land.

 

Greenbelt reserves and holdings are supposed to be recorded in a greenbelt land register established under section 4.  If register is kept, it is not available online.

 

Greenbelt land does not enjoy a high level of protection or permanence.  The government may dispose of greenbelt land in accordance with the Land Act, unless it was acquired by gift under the former Greenbelt Protection Fund Act (after giving notice in the provincial Gazette, a publication of the provincial government). Also, if land is acquired for the purposes of a greenbelt and there is a lease or agreement ongoing at the time of the acquisition that authorizes an “inconsistent use” (though what is consistent is never defined), the inconsistent use may continue until the lease or agreement expires.  However, any easements or rights of way granted over greenbelt land are supposed to be consistent with the continued existence, nature and use of the greenbelt land.

 

The Minister is responsible for greenbelt land and its management, maintenance, improvement and development.  It may also delegate these responsibilities.  If Cabinet delegates the responsibility for management of the land pursuant to section 6 of the Park Act, the minister responsible for parks (the Minister of Water Land and Air Protection) then assumes responsibility and the Park Act then applies to the greenbelt land.

 

Strategic application for watershed protection

 

This Act could be invoked as a means to secure some green space around a local stream or pond, or to keep vacant Crown land green rather than having it sold for development.  Unfortunately, however, there is no application process for the public to directly invoke Ministerial or Cabinet use of this Act.  The only recourse for the public is to use political pressure to request that the government use its powers under the Greenbelt Act to reserve or acquire the land as a greenbelt.  The Greenbelt Act has not been actively used for many years.  

 

For more information:

 

·          Electronic text of the Greenbelt Act

 

·          West Coast Environmental Law’s Guide to Forest Land Use Planning, Part 4.2 Parks, Recreation and Protection Designations