Riverbank Protection Act

 

The Riverbank Protection Act, which falls under the jurisdiction of the Ministry of Transportation, regulates actions that may be taken to prevent a river (or other fresh or salt water flow) overflowing its banks. 

 

Rights of Landowners against Flooding

 

Where it appears to the owners of land near to a river that:

·          the river may encroach (overflow) its banks, and

·          the public interest to construct a dam, dike, breakwater or other protective device, or to otherwise divert a river or remove an obstruction to prevent an encroachment,

the landowners land may apply to the provincial Cabinet for an order directing the chief engineer of the Ministry of Transportation, or any other civil engineer appointed, to prepare a report showing a proposed work to prevent the encroachment. 

 

The report must describe the proposed work, give the general plans and specifications for the proposed work, estimate its cost, and put together a scheme of tax assessment for apportioning the cost justly and equitably in accordance with the benefit to be derived from the work.  It must also set out which land owners are affected by the potential flooding and should therefore bear a portion of the cost.  The Act stipulates that the cost may be borne by the government, the municipality, or the landowners involved.

 

The landowners then get a chance to vote whether to approve the report or to modify it.  Once voted upon, the report is returned to Cabinet for approval, and if approved, is deposited at the Land Title Office for the district where the land shown on the assessment roll is located.  Owners then have a right of appeal if they are dissatisfied with the assessment.

 

Once the report has been approved, the work must proceed.  In due course, taxes are levied in accordance with the assessment, to raise money for the cost of the work and the engineering expenses.

 

Issues for watershed protection

 

Flooding can be a serious issue for fish health, since it may result in the water becoming polluted by surface waste and/or filled with sediment, increasing turbidity.  However, fish health and habitat must also be carefully considered when planning to dam or divert a river, as these too may have serious consequences for fish or fish habitat.  The federal Fisheries Act, Canadian Environmental Assessment Act  and Navigable Waters Protection Act all have provisions requiring permits and approvals to be obtained regarding the construction of works such as dams on waterways and fish-bearing waters.  These statutes also require fish protective devices to be put in place to enable fish to travel safely around any dams. 

 

The BC Water Act requires government approval for diverting water, storing water, or making a change in or about a stream, which could include anti-flooding devices.  In addition, the BC Environmental Assessment Act may require an environmental assessment of a proposed work or dam. 

 

Information on the Riverbank Protection Act:

 

·          Electronic copy of the Riverbank Protection Act

 

·          Fraser River Estuary Management Program

 

·          Fraser River Basin Council, Flood Hazard Management Initiative

 

·          Flood Hazard Research Centre (U.K.)