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West Coast Access to Information Publications (3)
  bullet Submissions of West Coast Environmental Law in Response to the review of policy on access to information regarding compensation details in petroleum and natural gas surface lease agreements, March 29, 2005 [PDF 100 Kb]
Document Summary: (Click to open in new window) West Coast has reviewed an “Initial Draft” Discussion Paper prepared and circulated on March 11, 2005 by Perrin, Thorau and Associates, consultants to the BC Minister of Energy and Mines, and submits the following comments on the issue of access to information regarding compensation details in petroleum and natural gas surface lease agreements.
  bullet A Guide to the BC Lobbyists Registration Act for BC Environmental Non-Profits and Charities, December 2002 [PDF 260 Kb]
Document Summary: (Click to open in new window) The purpose of this paper is to examine the LRA and to outline the obligations placed upon charitable organisations. Secondly, we will examine the relationship between the LRA and charitable tax status. This paper is intended for non-profit NGOs that employ staff who communicate with the provincial government.
  bullet Draft Comments on Bill 12 : The Access To Information And Protection Of Privacy Act, June 27, 1990
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West Coast Agriculture Publications (5)
  bullet Protecting the Working Landscape of Agriculture : A Smart Growth Direction for Municipalities in British Columbia, November 2005 [PDF 750 Kb]
Document Summary: (Click to open in new window) This report details the range of tools local governments are using to protect the agricultural working landscape, and directs readers to specific examples of local government bylaws and policies. Its purpose is to encourage local governments to adopt effective tools for protecting the working agricultural landscape. This report is part of West Coast Environmental Law’s Smart Bylaws Guide (www.wcel.org/issues/urban/sbg), a web-based resource that provides local governments and citizens with information on strategies local governments can adopt to create more compact, complete communities, and use tax dollars more efficiently.
  bullet Natural Allies : Land Trusts and Working Farms, July 2, 2003 [PDF 80 kb]
Document Summary: (Click to open in new window) A Presentation to the Land Trust Alliance of BC by West Coast Environmental Law, and its Growing Green partners. In this paper, we will sketch out three things for the purpose of sparking a discussion: why we think this idea is important, what needs to happen in order for the idea to work, and (assuming you’re persuaded to continue) where you might begin if you’d like to investigate further.
  bullet Submission & response to Stan Hagen re Bill 21 - Agricultural Land Commission Act, June 2002 [PDF 350 Kb]
Document Summary: (Click to open in new window) We are writing to provide input regarding Bill 21. We are not aware that there was any public consultation on this new legislation prior to its introduction in the Legislature, despite the important issues of public policy it contains. We are nevertheless writing at this late stage in the hope that you are open to changes and will receive this as constructive to the legislative process. As a general comment, although we recognize that the government is maintaining the essential elements of the agricultural land reserve protection regime, we believe the government is putting those protections at risk by authorizing delegated approval of subdivision and non-farm use without appropriate checks and balances. We are also very disappointed that you are repealing the key features of the forest land reserve without any public process. Bill 22 introduces positive changes that improve the Agricultural Land Commission’s enforcement capabilities, but it also raises the following important issues that we would like to bring to your attention.
  bullet Submission on amendments to the Agricultural Land Commission Act - defining the "Provincial Interest" and expanding the criteria for considering the effects of proposals to remove land from the Agricultural Land Reserve, August 4, 1998
  bullet Using Subsidies to Promote Environmental Protection in Agriculture : A Review of Programs in North America and Europe, December 1993
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West Coast Air Quality Publications (4)
  bullet Local Government and Public Health Hazards, Novermber 2007 [PDF 96 Kb]
Document Summary: (Click to open in new window) With the recent controversy on logging in the Chapman Creek community watershed, and the resulting order by the Sunshine Coast Regional District halting the logging because of concerns that it posed a health hazard, staff at West Coast Environmental Law are increasingly being asked about the powers of local governments under B.C.’s Health Act. The purpose of this paper is to discuss those powers in light of the Act and the developing case law.
  bullet The Clean Air Bylaws Guide, 2006, $10.00 [PDF 3Mb]
Document Summary: (Click to open in new window) What can municipalities do about air quality? As this Guide shows, across the province, many local governments are looking out for their residents by regulating air pollution. However, other municipalities view air quality issues as a regional issue and are unaware of the range of opportunities to have an impact on air quality. Part I of this Guide provides background information on air pollution problems facing many municipalities and the range of tools available to local governments. Part II then discusses in detail what local governments can and can’t do about air pollution through their bylaw-making powers. Part III highlights some of the municipal clean air bylaws that are already in place around the province and elsewhere and provides examples of model bylaws.
  bullet Laws for Air Quality on and off First Nations’ Land in BC : Background Paper for workshop convened by Ministry of Water, Land and Air Protection, February 2005 [PDF 550 Kb]
Document Summary: (Click to open in new window) This report is aimed at providing background information and analysis that will assist attendees at a workshop convened by the Ministry of Water, Land and Air Protection to discuss air quality issues on and around Indian Reserves.
  bullet Health Risk Assessment from Air Emissions, October 2002 [PDF 60 Kb]
Document Summary: (Click to open in new window) These notes have been prepared by Dr. Bates and published by West Coast Environmental Law in order to avoid repetition of errors in the health risk assessments for large facilities that cause air pollution. Most new projects involve air emissions; these may be from the proposed facility itself (as with natural gas-fired electric generating plants), or from off road and on road heavy diesel emissions, or from combustion of different materials. Such proposals usually arouse considerable anxiety among the local population, and formal ''Health Risk Assessments'' may be required in advance of public hearings about the impact of the work to be undertaken or the building of the facility.
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West Coast Biodiversity Publications (3)
  bullet Kyoto, POPs, and Straddling Stocks : Understanding Environmental Treaties, January 2003, $15.00 [PDF 1.2 Mb]
Document Summary: (Click to open in new window) International environmental treaties - once a fringe area of environmental law - increasingly deal with issues that affect the lives of Canadians. At a time when citizens take to the street to protest globalized trade rules, global environmental rules are a welcome antidote to the backlash against multilateralism. These rules are widely supported. They are often criticized because they don’t go far enough and have not yet produced reverses in the most troubling global environmental trends. Many members of the public question why their governments willingly relinquish sovereignty in the name of the marketplace but are reluctant to make similar concessions for the environment. This guide explains how treaties work internationally, and how they work in Canada.
  bullet West Coast Environmental Law Submissions on the Wildlife Act Review, June 20, 2007 [PDF 150 Kb]
Document Summary: (Click to open in new window) The BC Ministry of Environment is currently conducting a review of the Wildlife Act, with the intention of introducing a series of amendments to modernize the Act. West Coast Environmental Law has reviewed the Discussion Paper prepared by Ministry staff as part of this Review. We make the following recommendations, which encourage a focus on wildlife protection, transparency, accountability, and enforcement.
  bullet Biodiversity law and policy in British Columbia, 1996
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West Coast Climate Change Publications (27)
  bullet Kyoto, POPs, and Straddling Stocks : Understanding Environmental Treaties, January 2003, $15.00 [PDF 1.2 Mb]
Document Summary: (Click to open in new window) International environmental treaties - once a fringe area of environmental law - increasingly deal with issues that affect the lives of Canadians. At a time when citizens take to the street to protest globalized trade rules, global environmental rules are a welcome antidote to the backlash against multilateralism. These rules are widely supported. They are often criticized because they don’t go far enough and have not yet produced reverses in the most troubling global environmental trends. Many members of the public question why their governments willingly relinquish sovereignty in the name of the marketplace but are reluctant to make similar concessions for the environment. This guide explains how treaties work internationally, and how they work in Canada.
  bullet Taking Effective Action on Climate Change : Comments on Federal Government Options for Addressing Climate Change, June 2002 [PDF 130 Kb]
Document Summary: (Click to open in new window) The Kyoto climate protection agreement can be implemented without significant impacts on the Canadian economy. The federal government must now ratify the Kyoto agreement and define options that are effective in achieving long-term emission reductions, and are equitable.
  bullet Climate Change Primer : NGO Oil And Gas Roundtable, May 24-25, 2002, Vancouver, BC, May 24-25, 2002
Document Summary: (Click to open in new window) Climate change could have catastrophic effects globally and in BC, the Prairies and Canada's North. This paper discusses key issues related to oil and gas production/use and climate change, including the role of natural gas as a transitional, 'clean energy' fuel, the impact of the Kyoto protocol on oil and gas production, and policy issues likely to arise with the progression of climate change.
  bullet Taking Credit : Canada and the Role of Sinks in International Climate Negotiations, July 2001 [PDF 2.2 Mb]
Document Summary: (Click to open in new window)
  bullet Sink Solutions : Background Analysis for Taking Credit - Canada and the Role of Sinks in International Climate Negotiations., July 2001 [PDF 375 Kb]
Document Summary: (Click to open in new window) The Canadian government, and its insistence on ''credit for sinks,'' was blamed for blocking progress on an international deal to stop climate change. Why the concern over credit for sinks? This report provides background analysis for the joint West Coast Environmental Law/David Suzuki Foundation report, Taking Credit: Canada and the Role of Sinks in International Climate Negotiations.
  bullet Why Act Now? : Can Canada Afford to Delay Greenhouse Gas Emission Reduction Action Beyond the 2000 Federal Budget?, January 2000 PDF Version (115kb)
Document Summary: (Click to open in new window) While greenhouse gas emissions can be reduced dramatically through measures that are worth doing for reasons that include protecting human health, improving competitiveness, saving consumers’ money and improving the liveability of cities, delaying action will likely prove expensive. Barring an almost unimaginable derogation of responsibility towards the citizens of the globe, the increasing scientific consensus around the need to act makes international greenhouse gas emission limits a virtual certainty. Canada needs to position itself for this inevitability. This brief considers the international imperative for reducing greenhouse gas emissions and the costs – to both Canadians’ health and the Canadian economy -- of delaying action to reduce emissions. It urges Members of Parliament to support extensive funding for greenhouse gas emission reductions in the 2000 Federal Budget.
  bullet Negotiating the Climate Away : Report Card on Environmental Integrity of OECD Nations’ Climate Summit Negotiation Position, November 2000 [PDF 254 Kb]
Document Summary: (Click to open in new window) This report card evaluates the negotiating positions of the 27 nations that are members of the Organization for Economic Co-operation and Development (OECD) and signatories to the Framework Convention on Climate Change. These are the world’s leading nations. They are economically the most powerful and most developed, and they include most of the largest per capita greenhouse gas emitters in the world. Of the 27 nations reviewed, Canada scores second to last.
  bullet The Earth in Balance: Briefing Notes for the November 2000 Climate Summit, November 2000 [PDF 65 Kb]
Document Summary: (Click to open in new window) This series of briefing notes provides an overview of the issues to be decided at CoP6, where, from November 13 to 24, 2000, the nations of the world will meet in The Hague to decide the fate of the Kyoto Protocol. The series is intended to provide an environmental perspective to negotiators and educate other participants attending at the Hague or following the negotiations at home.
  bullet Sinking the Climate : will Canada’s approach to carbon sequestration sink the Kyoto Protocol?, September 11, 2000 [PDF 146 Kb]
Document Summary: (Click to open in new window) Recently released data shows that, if adopted, the Canadian position on the treatment of forests and soils under the Kyoto Protocol would obliterate the environmental impact of the Kyoto Protocol.
  bullet Upstream Emissions Trading: the Great Leap Forward for Ecological Tax Reform?, June 14, 2000 [PDF 230 Kb]
Document Summary: (Click to open in new window) Two trends -- increased political interest in ecological tax reform and the increasing urgency of reducing greenhouse gas emissions -- could see ecological tax reform being the next major trend in environmental law in Canada. The auctioning of allowances to emit greenhouse gases or sell fossil fuels for combustion could be used to encourage lowest cost greenhouse gas emissions. It is likely the most environmentally effective, economically efficient and equitable way of implementing an emissions trading system. Combined with ecological tax reform -- i.e. using revenue from auction allowances to reduce taxes -- it could help move Canada toward a healthier, cleaner economy with fuller employment.
  bullet Greenhouse Gases and Forests: Media Backgrounder, May 2000
Document Summary: (Click to open in new window) Media backgrounder accompanying Torpedoing Kyoto.
  bullet Torpedoing Kyoto: Will Canada’s Approach to Forest Sequestration Sink the Kyoto Protocol?, May 2000 PDF (210Kb)
Document Summary: (Click to open in new window) The Canadian position on the treatment of sequestration of carbon by forests and soils under the Kyoto Protocol is scientifically unsound and could lead to massive increases in atmospheric concentrations of greenhouse gases.
  bullet Undermining the Kyoto Protocol: Will weaknesses and loopholes in the Kyoto Protocol negate its environmental effectiveness?, March 2000 PDF (225kb)
Document Summary: (Click to open in new window) While the Kyoto Protocol is potentially an important first step in averting global climate change a number of potential weaknesses and loopholes could make the difference between it representing a first step and it being largely ineffective.
  bullet Selling Clean Air : Workshop Proceedings, 1999
Document Summary: (Click to open in new window) These proceedings are the summary of Selling Clean Air: Market Instruments for Climate Protection, a two-day workshop on market instruments for climate change organized by West Coast Environmental Law Research Foundation. The workshop was held October 15 and 16, 1998, in Vancouver. This workshop brought together approximately 100 participants. The first day examined market instruments and the pros and cons of using different market instruments for reducing Canada’s greenhouse gas emissions. The second day was aimed at improving the capacity of municipalities, environmental groups, small businesses, and community groups to develop projects that reduce greenhouse gas emissions in a quantifiable way that achieves other social benefits and can generate gas emissions reduction credits.
  bullet Early crediting and baseline protection, May 12, 1999
Document Summary: (Click to open in new window) Despite the urgent need for early action to reduce greenhouse gas emissions, this brief is in part intended to alert readers to the potential negative implications of developing a credit for early action system. A poorly designed credit for early action system could prove to be ineffective environmentally, inefficient economically, and inequitable politically. It could potentially shift considerable wealth to some firms while at the same time imposing corresponding costs on the government or economy. Decisions regarding baseline protection and credit for early action should not be taken lightly or without a proper understanding of their implications.
  bullet Opportunities and liabilities from greenhouse gas emissions and greenhouse gas emission reductions, March 1999
Document Summary: (Click to open in new window) This paper begins with a brief description of existing international and domestic environmental law relating to climate change. It then describes the science and politics that are shaping development in international climate law, and then describes the emerging international regime of greenhouse gas emission limits. This describes how Canadian governments are responding to the possibility of limits on emissions, and identifies the resulting risks and opportunities.
  bullet Is Credit for Early Action Credible Early Action?, December 1999 PDF (429Kb)
Document Summary: (Click to open in new window) Credit for Early Action allows firms that take early action to reduce emissions to be rewarded with credit against future regulatory standards or carbon taxes. Is Credit for Early Action an inherently flawed concept, with questionable environmental effectiveness, high economic cost, and inequitable impacts on distribution of wealth? We recommend announcement of policies to remove existing disincentives to early action, combined with the phase in of either emission limits and trading or a carbon tax. PDF Format (430kb)
  bullet Closing the Gap: A Comparison of Approaches to Encourage Early Greehouse Gas Emissions, 1999
  bullet Selling Clean Air : Market instruments for climate protection : Discussion Paper, 1998
  bullet Environmental Perspective on International Greenhouse Gas Emission Trading, April 1998
  bullet Turning down the heat : Emissions trading and Canadian implementation of the Kyoto Protocol, 1998, $40.00 PDF 1,957Kb
Document Summary: (Click to open in new window) Executive summary available online in html, entire book now available online in PDF format. Book available for purchase.
  bullet Kyoto Protocol to the United Nations Framework Convention on Climate Change : A guide to the Protocol and analysis of its effectiveness, January 21, 1998 French Version
  bullet Comments on the Canadian Motor Vehicle Emission Regulation to the Department of Transport, January 20, 1997
Document Summary: (Click to open in new window) Response to the Department of Transport's December 21, 1996 Canada Gazette request for submissions on motor vehicle emission regulation for Canada. West Coast Environmental Law proposes a unique Canadian vehicle emission program which supports various environmental objectives, is compatible with a North American vehicle market, has economic spin offs in Canada and eliminates incentives to purchase and sell larger vehicles. Our next preference would be for a program based on California certification of light and medium duty vehicles and the California NMOG fleet averages.
  bullet Environmentalists' Perspective on U.S. Proposal for an International Greenhouse Gas Emission Trading Program : Speaking Notes from Presentation to Conference on Emission Trading, Toronto, Canada, June 5-6, 1997, June 5-6, 1997
  bullet Environmentalists' Perspective on Emission Trading Programs : Speaking Notes from Presentation to Conference on Emission Trading, Toronto, Canada, June 5-6, 1997, June 5-6, 1997
  bullet Comments on the British Columbia Greenhouse Gas Action Plan, April 17, 1996
  bullet Global Climate Change : Where Are We Headed? - Speaking Notes, Febuary 1996
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West Coast Conservation Covenants Publications (6)
  bullet Greening Your Title : A Guide to Best Practices for Conservation Covenant, 2nd edition, March 2005, $12.00 [PDF 2.7 Mb]
Document Summary: (Click to open in new window) SECOND EDITION, revised 2005. This is a guide to the best practices associated with the use of conservation covenants. The primary focus of the Guide is on using conservation covenants for the protection of ecologically significant private land. However, conservation covenants can be used to protect other special attributes of land such as cultural and heritage values and the information in this Guide may be useful in those situations as well.
  bullet Giving It Away : Tax Implications of Gifts to Protect Private Land, March 2004, $15.00 PDF Format (511kb)
Document Summary: (Click to open in new window) Even though most people readily accept that they must deal with personal tax matters, at least on an annual basis, the very notion of tax consequences associated with protecting private land can send a chill into the heart of the most altruistic donor. There are also tax implications for those agencies and organizations that receive donations. This Guide is intended to provide landowners, potential donors, conservancy organizations and other recipients of gifts, professionals and others interested in protecting important ecological spaces with information about the possible tax consequences of protecting private land.
  bullet Submission & response to Stan Hagen re Bill 21 - Agricultural Land Commission Act, June 2002 [PDF 350 Kb]
Document Summary: (Click to open in new window) We are writing to provide input regarding Bill 21. We are not aware that there was any public consultation on this new legislation prior to its introduction in the Legislature, despite the important issues of public policy it contains. We are nevertheless writing at this late stage in the hope that you are open to changes and will receive this as constructive to the legislative process. As a general comment, although we recognize that the government is maintaining the essential elements of the agricultural land reserve protection regime, we believe the government is putting those protections at risk by authorizing delegated approval of subdivision and non-farm use without appropriate checks and balances. We are also very disappointed that you are repealing the key features of the forest land reserve without any public process. Bill 22 introduces positive changes that improve the Agricultural Land Commission’s enforcement capabilities, but it also raises the following important issues that we would like to bring to your attention.
  bullet Leaving a Living Legacy: Using Conservation Covenants in BC, February 1996, $15.00
  bullet Here Today; Here Tomorrow: Legal Tools for the Voluntary Protection of Private Land in British Columbia, 1994, $18.00
Document Summary: (Click to open in new window) This report has been inspired by the growing interest among conservation groups and landowners in British Columbia in a variety of these initiatives to protect private land in the province. The purpose of the report is to help with one small part of our collective efforts to conserve the earth. It is written for conservation groups, individual landowners, real estate professionals and other interested parties who want information about the legal tools available to conserve private land.
  bullet Using Conservation Covenants To Preserve Private Land In British Columbia, 1992, $10.00
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West Coast Economic Instruments Publications (8)
  bullet The Earth in Balance: Briefing Notes for the November 2000 Climate Summit, November 2000 [PDF 65 Kb]
Document Summary: (Click to open in new window) This series of briefing notes provides an overview of the issues to be decided at CoP6, where, from November 13 to 24, 2000, the nations of the world will meet in The Hague to decide the fate of the Kyoto Protocol. The series is intended to provide an environmental perspective to negotiators and educate other participants attending at the Hague or following the negotiations at home.
  bullet Upstream Emissions Trading: the Great Leap Forward for Ecological Tax Reform?, June 14, 2000 [PDF 230 Kb]
Document Summary: (Click to open in new window) Two trends -- increased political interest in ecological tax reform and the increasing urgency of reducing greenhouse gas emissions -- could see ecological tax reform being the next major trend in environmental law in Canada. The auctioning of allowances to emit greenhouse gases or sell fossil fuels for combustion could be used to encourage lowest cost greenhouse gas emissions. It is likely the most environmentally effective, economically efficient and equitable way of implementing an emissions trading system. Combined with ecological tax reform -- i.e. using revenue from auction allowances to reduce taxes -- it could help move Canada toward a healthier, cleaner economy with fuller employment.
  bullet Is Credit for Early Action Credible Early Action?, December 1999 PDF (429Kb)
Document Summary: (Click to open in new window) Credit for Early Action allows firms that take early action to reduce emissions to be rewarded with credit against future regulatory standards or carbon taxes. Is Credit for Early Action an inherently flawed concept, with questionable environmental effectiveness, high economic cost, and inequitable impacts on distribution of wealth? We recommend announcement of policies to remove existing disincentives to early action, combined with the phase in of either emission limits and trading or a carbon tax. PDF Format (430kb)
  bullet Closing the Gap: A Comparison of Approaches to Encourage Early Greehouse Gas Emissions, 1999
  bullet Selling Clean Air : Workshop Proceedings, 1999
Document Summary: (Click to open in new window) These proceedings are the summary of Selling Clean Air: Market Instruments for Climate Protection, a two-day workshop on market instruments for climate change organized by West Coast Environmental Law Research Foundation. The workshop was held October 15 and 16, 1998, in Vancouver. This workshop brought together approximately 100 participants. The first day examined market instruments and the pros and cons of using different market instruments for reducing Canada’s greenhouse gas emissions. The second day was aimed at improving the capacity of municipalities, environmental groups, small businesses, and community groups to develop projects that reduce greenhouse gas emissions in a quantifiable way that achieves other social benefits and can generate gas emissions reduction credits.
  bullet Selling Clean Air : Market instruments for climate protection : Discussion Paper, 1998
  bullet Administrative Monetary Penalties: A Tool for Ensuring Compliance, January 24, 1997
Document Summary: (Click to open in new window) Administrative Monetary Penalties (
  bullet Economic Instruments and the Environment: Selected Legal Issues, 1993, $15.00
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West Coast Endangered Species/Wildlife Publications (6)
  bullet West Coast Environmental Law Submissions on the Wildlife Act Review, June 20, 2007 [PDF 150 Kb]
Document Summary: (Click to open in new window) The BC Ministry of Environment is currently conducting a review of the Wildlife Act, with the intention of introducing a series of amendments to modernize the Act. West Coast Environmental Law has reviewed the Discussion Paper prepared by Ministry staff as part of this Review. We make the following recommendations, which encourage a focus on wildlife protection, transparency, accountability, and enforcement.
  bullet Preserving British Columbia's Coast: A regulatory review - background report, May 1999
  bullet Background Paper : BC Endangered Species Protection Workshop, June 24 and 25, 1997
Document Summary: (Click to open in new window) he BC Endangered Species Protection Workshop was hosted jointly by West Coast Environmental Law Association and the BC Endangered Species Coalition. The aim of the workshop was to explore the adequacy of existing legislative and policy tools to protect species at risk in BC, and to identify the need for new and improved tools, including legislation, to protect species at risk in the province.
  bullet Protecting endangered species in Canada : Comments on Bill C-65 : The Canada Endangered Species Protection Act, January 22, 1997
  bullet Species at Risk : COMMENTS ON THE PROPOSED NATIONAL APPROACH TO ENDANGERED SPECIES CONSERVATION, May 10, 1995
  bullet Submission on Managing Wildlife To 2001 : A Discussion Paper, 1991
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West Coast Energy Publications (19)
  bullet Oil and Gas Health and Safety Issues Backgrounder, September 2006 [PDF 135 Kb]
Document Summary: (Click to open in new window) The purpose of this handout is to provide an overview of the health and safety risks associated with oil and gas development in order to support a discussion that will lead to the adoption in British Columbia of legislation and regulations that reflect the very best practices for health and safety. The handout is organized by broad topic: air pollution, waste and by-product disposal, operational hazards, noise and accidents.
  bullet Coalbed Methane : A BC Local Government Guide, May, 2006 [PDF 900 Kb]
Document Summary: (Click to open in new window) As conventional oil and gas resources are being depleted worldwide, coalbed methane is being touted as one means to fill the supply and demand gap for gas. The British Columbia government views coalbed methane as 'an important new energy source that will diversify our energy supply and contribute to British Columbia’s economy through revenue and jobs.' However, because the economics of coalbed methane development are still uncertain, the Province is offering $50,000 royalty credits for every well drilled before December 2008, and it is working to make its regulations more 'coalbed methane friendly.' Industry has responded to the Province’s invitation: as of the fall of 2005, over 40 coalbed methane wells have been drilled in BC. These have been primarily in the northeast, but also in the south central interior, the Elk Valley, on Vancouver Island and near Iskut. With commercial production on the horizon, this Guide endeavours to encourage responsible development of BC’s coalbed methane resources, and to ensure that mistakes that were made in the United States are not repeated here. Experience with coalbed methane development in the early years in the US was largely negative, bringing with it significant impacts on private lands and changing the face of many communities. This Guide explains some of the environmental and social risks associated with coalbed methane development, and then focuses on some of the tools available for local governments to plan for, avoid and mitigate the potential negative consequences. We discuss regulatory tools that are set out in the Local Government Act and Community Charter, and apply these tools to the particular challenges presented by coalbed methane development. We describe and build upon the wisdom of a number of 'best practices' projects initiated in the US.
  bullet Joint West Coast/Sierra Legal Submission to Ministry of Energy and Mines for the Oil and Gas Regulatory Improvement Initiative, February 28, 2006 [PDF 100 Kb]
Document Summary: (Click to open in new window) West Coast Environmental Law and the Sierra Legal Defence Fund have now had an opportunity to review the Oil and Gas Regulatory Improvement Initiative (OGRII) Discussion Paper, dated December 1, 2005. This Submission to the Ministry of Energy and Mines is divided into two sections - general comments about the tone and direction of the initiative, and specific responses to the policy proposals.
  bullet A Northern Pipeline in BC: Do British Columbians Stand to Gain?, 2006 PDF 280 Kb
  bullet Coalbed Methane Produced Water Checklist : Checklist for BC Code of Practice for discharge of produced water from coalbed gas operations, August 2004 [PDF 75 Kb]
Document Summary: (Click to open in new window) This checklist has been prepared in response to an invitation by the BC Government to comment confidentially on the Draft Code of Practice for Discharge of Produced Water from Coalbed Gas Operations. Because West Coast could not be bound by a confidentiality agreement and still work with members of the public to ensure a strong regulatory approach to coalbed methane produced water, we have not seen the Code of Practice, and instead, have framed our comments in the form of a checklist by which the public may evaluate the Code when it is released.
  bullet Oil and Gas in British Columbia : 10 Steps to Responsible Development : 16-page report, April 2004 [PDF 354 Kb]
Document Summary: (Click to open in new window) This report concentrates on the impacts of land-based oil and gas development, rather than offshore impacts, and presents a ten-point mitigation plan. Adoption of each of these ten points is essential for BC to be on a path toward responsible development.
  bullet Pump it Out : Timeline : What is a Typical Upstream Oil and Gas Project, and What are the Potential Environmental Consequences?, 2003
Document Summary: (Click to open in new window) This document summarizes a typical upstream project, and highlights the environmental consequences potentially associated with each step. The most frequently raised public concerns relate to wilderness impacts from seismic, road, and pipeline projects, the flaring of sour gas, and climate change. Please consult Pump it Out for information on what laws apply, what needs to change in order to protect the environment, and what a concerned citizen can do about it.
  bullet Coalbed Methane : What is it? What Could it Mean for BC?, September 2003 [PDF 350 Kb]
  bullet Coalbed Methane : A Citizen's Guide, May 2003 [PDF 430 Kb]
Document Summary: (Click to open in new window) Coal miners fear it because it is highly explosive, but in twenty years coalbed methane (CBM) has gone from ‘complete obscurity’ to supplying 7% of the total US natural gas production. Along the way it has generated a lot of public controversy. In BC, the provincial government (the ‘Province’) is now aggressively pursuing CBM investment. If the CBM industry responds, and some technical problems are solved, many communities across BC will experience the CBM industry first hand. The Province is promoting CBM as a ‘clean, environmentally safe, energy source.’ There are many in the US and in Canada who strongly disagree with this characterization. The objective of this Citizen’s Guide is to document the views of both proponents and opponents of CBM in order to help inform BC citizens about the potential environmental implications of CBM. The Guide focuses on CBM experience in the US, to help BC citizens articulate questions for BC companies and regulators.
  bullet Pump It Out : The Environmental Costs of BC's Upstream Oil and Gas Industry, May 2003 [PDF 762 Kb]
Document Summary: (Click to open in new window) Pump it Out is a web-based guide for citizens interested in knowing more about the environmental consequences of a typical ‘upstream’ oil and gas project in BC. These consequences can be both global (greenhouse gas emissions) and local (seismic lines, roads, pumpjacks, gathering lines, and processing facilities in the farm fields and wilderness areas of north-eastern BC). West Coast Environmental Law believes it is especially important to understand the environmental consequences now - at a time when major national, provincial, and local decisions are being made. Nationally, Canadians are debating how to implement the Kyoto Accord and Environment Canada is reporting that oil and gas production, processing, and transmission is responsible for much of Canada’s increase in greenhouse gas emissions over the last decade.
  bullet Pump it Out : Frequently Asked Questions, 2003
Document Summary: (Click to open in new window) Pump it Out: The Environmental Costs of BC’s Upstream Oil and Gas Industry is a web-based guide for citizens interested in knowing more about the environmental consequences of a typical ‘upstream’ oil and gas project in BC. You can obtain a full copy of Pump it Out at West Coast Environmental Law, or online. This document begins to document frequently asked questions in relation to upstream oil and gas activities.
  bullet What is Pump it Out?, 2003
Document Summary: (Click to open in new window) Pump it Out (PDF, 750Kb) is a web-based guide for citizens interested in knowing more about the environmental consequences of a typical 'upstream' oil and gas project in BC. These consequences can be both global (greenhouse gas emissions) and local (seismic lines, roads, pumpjacks, gathering lines, and processing facilities in the farm fields and wilderness areas of north-eastern BC).
  bullet Climate Change Primer : NGO Oil And Gas Roundtable, May 24-25, 2002, Vancouver, BC, May 24-25, 2002
Document Summary: (Click to open in new window) Climate change could have catastrophic effects globally and in BC, the Prairies and Canada's North. This paper discusses key issues related to oil and gas production/use and climate change, including the role of natural gas as a transitional, 'clean energy' fuel, the impact of the Kyoto protocol on oil and gas production, and policy issues likely to arise with the progression of climate change.
  bullet Bill 36 Primer : NGO Oil And Gas Roundtable, May 24-25, 2002, Vancouver, BC, May 24-25, 2002
Document Summary: (Click to open in new window) With the introduction of Bill 36, the BC Government is intending to double oil and gas production, reduce regulation, and reduce staff. This briefing paper provides an overview of the bill with particular regard to the impact the bill is likely to have on environmental protection measures.
  bullet Environmental Assessent Primer : NGO Oil And Gas Roundtable, May 24-25, 2002, Vancouver, BC, May 24-25, 2002
Document Summary: (Click to open in new window) This discussion paper summarizes key points of interest or concern with respect to environmental assessment (EA) and how it may relate to oil and gas projects. Environmental assessment law in Canada is complicated, making it difficult to be brief and comprehensive at the same time. The primary focus of this paper is to provide information to identify issues and questions about the federal regime. Some information on the BC regime is provided as well; however, given that the BC government has completely rewritten the provincial Environmental Assessment Act, we believe that federal EA is going to become increasingly important in BC
  bullet Oil and Gas Program : Discussion Paper, April 2002, Aprtil 2002
Document Summary: (Click to open in new window) The need to address the environmental impacts of oil and gas exploration and development issues in a dedicated manner is becoming more urgent. Despite considerable environmental and economic uncertainty, governments are still looking to natural resource dependent industries as the key to our economic future. In contrast, the environmental implications and significance of these activities is poorly understood. For many in the public, the link has not been made between consumptive lifestyles and environmental quality, be it climate change or harmful emissions. Our oil and gas reserves are a non-renewable asset: how they are liquidated, who absorbs the costs, and who reaps the benefits will have a major impact on how we transition to sustainability. This paper provides an overview of the context for these developments as perceived by West Coast Environmental Law. It is intended as a baseline discussion document to frame our efforts, and inform the efforts of others concerned about these important issues.
  bullet Response to the British Columbia Energy Council : An Energy Strategy For British Columbia, September 30, 1994
  bullet Submission to the British Columbia Energy Council on Long Term Electricity Exports, March 11, 1993
  bullet Health Risk Assessment from Air Emissions, October 2002 [PDF 60 Kb]
Document Summary: (Click to open in new window) These notes have been prepared by Dr. Bates and published by West Coast Environmental Law in order to avoid repetition of errors in the health risk assessments for large facilities that cause air pollution. Most new projects involve air emissions; these may be from the proposed facility itself (as with natural gas-fired electric generating plants), or from off road and on road heavy diesel emissions, or from combustion of different materials. Such proposals usually arouse considerable anxiety among the local population, and formal ''Health Risk Assessments'' may be required in advance of public hearings about the impact of the work to be undertaken or the building of the facility.
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West Coast Environmental Assessment Publications (15)
  bullet Time Well Spent? : A Survey of Public Participation in Federal Environmental Assessment Panels, February 2004 [PDF 350 Kb]
Document Summary: (Click to open in new window) This paper provides a qualitative overview of the role of public participation in the review panel process under the Canadian Environmental Assessment Act (CEAA). Our purpose is to assess experience with public participation to date, and to make recommendations to strengthen the role of the public in environmental assessment panels. In our view, a strong, credible process will better help to protect people and the environment, now and into the future.
  bullet Environmental Assessent Primer : NGO Oil And Gas Roundtable, May 24-25, 2002, Vancouver, BC, May 24-25, 2002
Document Summary: (Click to open in new window) This discussion paper summarizes key points of interest or concern with respect to environmental assessment (EA) and how it may relate to oil and gas projects. Environmental assessment law in Canada is complicated, making it difficult to be brief and comprehensive at the same time. The primary focus of this paper is to provide information to identify issues and questions about the federal regime. Some information on the BC regime is provided as well; however, given that the BC government has completely rewritten the provincial Environmental Assessment Act, we believe that federal EA is going to become increasingly important in BC
  bullet Strengthening Bill C-19, an Act to Amend the Canadian Environmental Assessment Act : Submission to the Committee on Environment and Sustainable Development, February 2002 [PDF 173 Kb]
Document Summary: (Click to open in new window) We have read, and endorse the submissions of our colleagues at the Canadian Environmental Law Association, the Environmental Law Centre, and the Sierra Legal Defence Fund. In particular, we commend to this Committee the clause by clause recommendations prepared in the Canadian Environmental Law Association’s comprehensive brief. Their review has identified a number of internal changes that, if adopted and applied throughout, would strengthen the application of CEAA. Incorporating the following recommendations will also ensure that federal environmental assessment is better able to contribute to sustainable development.
  bullet Refining Thresholds under the B.C. Environmental Assessment Reviewable Projects Regulation, 1997
  bullet Submissions on Criteria for Substitution pursuant to Section 43 of the Canadian Environmental Assessment Act, September 29, 1997
  bullet Comments on Draft Canada-British Columbia Agreement for Environmental Assessment Cooperation, February 5, 1997
  bullet Assessment of Policies and Programs Under the Canadian Environmental Assessment Act: Recommendations for Reform, April 10, 1994
  bullet Recommendations For Amendments To Bill 32 : The Environmental Assessment Act, July 5, 1993
  bullet Recommendations for Improvements to Bill 32 Environmental Assessment Act, June 14, 1993
  bullet Information Systems For the Turnaround Decade : A Report Prepared for the Regulatory Advisory committee on the Proposed Canadian Environmental Assessment Act, March 31, 1992
  bullet Comments On The Proposed Amendments To The Squamish Estuary Management Plan, December 2, 1991
  bullet Recommendations For Improvements To Bill C-13, the Proposed Canadian Environmental Assessment Act Including the Government's Proposed Amendments, October 22, 1991
  bullet Comments On Provincial Proposals For Amendments To Bill C-78, the Canadian Environmental Assessment Act, 1990
  bullet Recommendations For Improvements To Bill C-78 the Canadian Environmental Assessment Act, 1990
  bullet Comments on Reforming Environmental Assessment in British Columbia : A Legislation Discussion Paper, 199
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West Coast Environmental Law Publications (32)
  bullet Kyoto, POPs, and Straddling Stocks : Understanding Environmental Treaties, January 2003, $15.00 [PDF 1.2 Mb]
Document Summary: (Click to open in new window) International environmental treaties - once a fringe area of environmental law - increasingly deal with issues that affect the lives of Canadians. At a time when citizens take to the street to protest globalized trade rules, global environmental rules are a welcome antidote to the backlash against multilateralism. These rules are widely supported. They are often criticized because they don’t go far enough and have not yet produced reverses in the most troubling global environmental trends. Many members of the public question why their governments willingly relinquish sovereignty in the name of the marketplace but are reluctant to make similar concessions for the environment. This guide explains how treaties work internationally, and how they work in Canada.
  bullet Public Environmental Rights : A New Paradigm for Environmental Law?, October 2007 [PDF 800 Kb]
Document Summary: (Click to open in new window) Abstract - The Supreme Court of Canada's affirmation of the existence of public environmental rights in Canadian Forest Products v. B. C. is the latest in a long line of authority·recognizing the existence of public rights in respect of the natural environment. These rights form the basis for a new way of looking at environmental laws. While the courts and academic commentators have tended to view environmental law as a modern phenomenon, and environmental legislation as enacted from a blank legal slate, the existence of common law public environmental rights suggests another view. If public environmental rights are viewed as central to environmental law, then environmental statutes must be interpreted as affirming these pre-existing rights. Far from being a new constraint on land owners and other private actors, this new paradigm sees environmental laws as expanding the legal tools available to enforce legal constraints which existed all along. This approach is supported by a body of case law which affirms that legislation must, absent clear legislative intent, be interpreted in favour of existing public rights. In addition, the emergence of the public trust doctrine in Canadian law would provide further support for this narrative. Adopting such an approach to environmental law puts both environmental legislation and the public's rights on a stronger legal footing, and could form the basis for a major shift in how environmental law is understood in Canada.
  bullet West Coast Environmental Law Submissions on the Wildlife Act Review, June 20, 2007 [PDF 150 Kb]
Document Summary: (Click to open in new window) The BC Ministry of Environment is currently conducting a review of the Wildlife Act, with the intention of introducing a series of amendments to modernize the Act. West Coast Environmental Law has reviewed the Discussion Paper prepared by Ministry staff as part of this Review. We make the following recommendations, which encourage a focus on wildlife protection, transparency, accountability, and enforcement.
  bullet A Citizen's Guide to Pesticide Use and the Law in BC, 2007 [PDF 950 Kb]
Document Summary: (Click to open in new window) West Coast Environmental Law receives many pesticide-related queries each year. Members of the public are concerned about the risks of commercial and home pesticide use in our communities and they want to know what avenues are available to them to counter the threats posed by these toxins. For the purposes of this guide, the generic term 'pesticides' is meant to be inclusive and generally refers to all products that are used to prevent, destroy, repel or mitigate a pest.
  bullet The Green Buildings Guide : Tools for Local Governments to Promote Site Sustainability, 2006, $10.00 [PDF 990 Kb]
Document Summary: (Click to open in new window) This Guide’s purpose is to increase green building uptake in BC, by providing a central resource to the suite of regulatory and policy tools currently available to BC local governments to support and promote green building design and practices. The Guide’s aim is to provide targeted guidance. The Guide is therefore neither a law reform report nor a comprehensive discussion of the many benefits of green buildings. It assumes that the reader is already familiar with the what, is convinced of the merits, and is seeking knowledge on how to move forward at the cutting edge.
  bullet The Clean Air Bylaws Guide, 2006, $10.00 [PDF 3Mb]
Document Summary: (Click to open in new window) What can municipalities do about air quality? As this Guide shows, across the province, many local governments are looking out for their residents by regulating air pollution. However, other municipalities view air quality issues as a regional issue and are unaware of the range of opportunities to have an impact on air quality. Part I of this Guide provides background information on air pollution problems facing many municipalities and the range of tools available to local governments. Part II then discusses in detail what local governments can and can’t do about air pollution through their bylaw-making powers. Part III highlights some of the municipal clean air bylaws that are already in place around the province and elsewhere and provides examples of model bylaws.
  bullet Public Rights and the Lost Rule Principle of Statutory Interpretation, April 2006 [PDF 188 Kb]
Document Summary: (Click to open in new window) You won’t find 'Public Rights' in the index of any of the main texts on statutory interpretation in Canada. You will find sections on aboriginal rights, possibly customary rights, and definitely private rights. The legal commentaries seem to suggest that public rights don’t really influence how the courts interpret statutes, perhaps taking the view that such rights exist only at the pleasure of the Crown. This is astounding, as the case law is clear that statutes should be interpreted as affirming and protecting public rights unless they contain clear language to the contrary. By ignoring this lost rule of statutory interpretation, Canadian law has tended to emphasize private rights over the rights of the public, viewing statutes that affirm public rights at the expense of private rights with suspicion. The result is a bias in the legal system against such issues as the environment and public health, particularly when they interfere with powerful economic interests. If the Canadian courts instead choose to recognize and affirm the importance of public rights, Canadian law can use an old principle of statutory interpretation to advance a new and more balanced approach to dealing with the environment and other disputes affecting public rights. This paper will briefly consider what is meant by public rights before turning to a broader review of the cases that have interpreted government action that impacts on public rights. The relevant principle - that legal documents should be interpreted as not derogating from, and where appropriate affirming, public rights - will be illustrated and discussed in the context of:
  bullet Local Government and Public Health Hazards, Novermber 2007 [PDF 96 Kb]
Document Summary: (Click to open in new window) With the recent controversy on logging in the Chapman Creek community watershed, and the resulting order by the Sunshine Coast Regional District halting the logging because of concerns that it posed a health hazard, staff at West Coast Environmental Law are increasingly being asked about the powers of local governments under B.C.’s Health Act. The purpose of this paper is to discuss those powers in light of the Act and the developing case law.
  bullet Cutting Up the Safety Net, February 2005
Document Summary: (Click to open in new window) As society grapples with environmental problems ranging from toxic contamination to climate change, it is essential that government maintain a safety net of robust laws, policies and programs aimed at protecting our environment and building a solid foundation from which to grow a thriving, sustainable economy. Over the last several decades, BC has slowly sewn together an environmental safety net. It has never been as strong as it should be, but at times, components of the net have been exemplary. Regulation of contaminated sites and pulp mill effluent were far ahead of other jurisdictions. On the other hand, BC’s environmental safety net has fallen short in other areas such as public environmental rights, endangered species protection and laws requiring integration of environmental concerns into government policies that chart the course for our future economic development. The holes that existed in the environmental safety net at the end of the last century are a concern, but a larger concern is what has happened in the last few years. In hundreds of changes to laws, policies and programs, the Provincial government has weakened the environmental safety net. Some fibres have been snipped altogether, others have been made threadbare and existing holes have been left to grow larger
  bullet Submissions of West Coast Environmental Law in Response to the review of policy on access to information regarding compensation details in petroleum and natural gas surface lease agreements, March 29, 2005 [PDF 100 Kb]
Document Summary: (Click to open in new window) West Coast has reviewed an “Initial Draft” Discussion Paper prepared and circulated on March 11, 2005 by Perrin, Thorau and Associates, consultants to the BC Minister of Energy and Mines, and submits the following comments on the issue of access to information regarding compensation details in petroleum and natural gas surface lease agreements.
  bullet Response to the Proposed Waste Discharge Regulation, January 2004 [PDF 150 Kb]
Document Summary: (Click to open in new window) On October 21, 2003 the BC government passed its Bill 57, the Environmental Management Act. Bill 57 replaces BC’s main pollution law, the Waste Management Act, with a new regime that is part of the BC government’s deregulation initiative. It is expected that Bill 57 will eliminate about 80% or more of existing waste permits. However, the Ministry of Water, Land and Air Protection is currently requesting comments on the proposed Waste Discharge Regulation-a regulation which would be created under the new Act. This Regulation provides a higher level of detail about what can be expected in BC as a result of the new Act, and this backgrounder is intended both to inform the public on the implications of the Regulation, and to provide recommendations to Government on how the Regulation could be improved.
  bullet Time Well Spent? : A Survey of Public Participation in Federal Environmental Assessment Panels, February 2004 [PDF 350 Kb]
Document Summary: (Click to open in new window) This paper provides a qualitative overview of the role of public participation in the review panel process under the Canadian Environmental Assessment Act (CEAA). Our purpose is to assess experience with public participation to date, and to make recommendations to strengthen the role of the public in environmental assessment panels. In our view, a strong, credible process will better help to protect people and the environment, now and into the future.
  bullet Timber Rules : Forest Regulations Lower Standards, Tie Government Hands and Reduce Accountability, March 2004 [PDF 80 Kb]
Document Summary: (Click to open in new window) With the release of new forest practices regulations effective January 31, 2004, the BC provincial government has now finalized its 'results-based' forest management regime. In November 2002, it passed the Forest and Range Practices Act (FRPA), but the legislation did not contain enough details to give a clear indication of what the overall regime would look like. The government claims to have reduced regulatory requirements by 55% by eliminating unnecessary red tape and paperwork. But in the process, measures designed to protect the environment have been cut.
  bullet Public Health Hazards and Section 7 of the Charter, 2004 [PDF 225 Kb]
Document Summary: (Click to open in new window) Government decisions that give rise to a health risk to the public at large may have a very real impact on the right to life, liberty and security of the person of individuals and the public at large. Surprisingly, there has been comparatively little litigation examining whether s. 7 of the Canadian Charter of Rights and Freedoms places limits on the ability of government that create or authorize such health risks. After a review of the relevant Canadian court decisions, decisions from other jurisdictions with similar constitutional provisions and relevant international instruments, the author concludes that the scope of s. 7 does extend to protecting members of the public against government decisions that create a serious public health risk.
  bullet West Coast Environmental Law's Comments on Smart Regulation for Canada, August 2004 [PDF 450 Kb]
Document Summary: (Click to open in new window) This brief contains the comments of West Coast Environmental Law in regard to the Smart Regulation for Canada, a consultation document released by the External Advisory Committee on Smart Regulation (EACSR) in July 2004. The EACSR was established in May 2003 to provide the federal government with advice on reforming Canada’s approach to regulation.
  bullet Creating Livable Communities : A Submission to The Minister of Community, Aboriginal and Women’s Affairs on Phase I of The Draft Community Charter, November 2002 [PDF 156 Kb]
Document Summary: (Click to open in new window) The purpose of the Draft Community Charter is to provide more autonomy to, and require accountability from, municipalities. This allows municipalities to craft place-specific solutions that respond to local conditions. While the Draft Community Charter is a positive step in many directions, West Coast Environmental Law has a number of concerns regarding the revocation of municipal powers in the environmental sphere, and a lack of accountability in a number of areas. In summary, West Coast Environmental Law submits the following 19 recommendations to ensure that the Charter better meets the needs of municipalities and the citizens who live, work and play in their communities.
  bullet Cutting Green Tape: an Action Plan for Removing Regulatory Barriers to Green Innovations, April 2002 [Full Report - PDF 1,500 Kb, Summary PDF 110 Kb]
Document Summary: (Click to open in new window) In 2001, West Coast Environmental Law Research Foundation set out to develop an action plan for how the need for sustainable communities could be accommodated within the current regulatory framework. We set out to identify green building practices, regulatory barriers to green practices and explore potential solutions to regulatory barriers. Our goal is to evaluate and prioritize solutions, both in terms of whether the solution is feasible, whether it would make an impact in the uptake of green practices, and whether the green practices have a major impact on creating sustainable communities.
  bullet "Integrated Pest Management Act" Falls Short : West Coast Environmental Law's Submissions on the Proposed Integrated Pest Management Act, November 25, 2002 [PDF 125 Kb]
Document Summary: (Click to open in new window) We agree with the authors of the Discussion Paper that there are some significant problems with the current Act and its regulations. We agree with some of the points raised in the Discussion Paper (for example, the recognition of the rights of tenants in a residence in which pesticides are used). However, the Discussion Paper represents a one-sided contribution to the debate, justifying decisions that are already reflected in the draft Legislation, rather than promoting genuine public consideration of the issues behind pesticide management. Before turning to the Legislation itself, it is worth commenting on some of the shortcomings of the Discussion Paper.
  bullet The West Coast Environmental Law SLAPP Handbook, November 2002 [PDF 285 Kb]
Document Summary: (Click to open in new window) Strategic lawsuits against public participation (SLAPPs) are civil actions with little merit advanced with the intent of stifling participation in public policy and decision-making. Most SLAPPs succeed in silencing opposition because public interest groups and ordinary citizens do not have the money to fight the claim in court. A lawsuit against someone practicing civil disobedience is not a SLAPP. SLAPPs are lawsuits aimed at silencing lawful forms of public participation, such as starting a petition, or posting information on the Internet.
  bullet Whistle Blower Protection : Strategies for BC, May 2002 [PDF 190 Kb]
Document Summary: (Click to open in new window) Whistle blowing is the act of a person who, believing that the public interest overrides the interest of the organization he serves, tells the public or authorities outside her organization that the organization is involved in corrupt, illegal, fraudulent, immoral or harmful activity. Whistle blowing has a long and varied history. Whistle blowers have been held up as conscientious heroes and scorned as traitors and malcontents. Thus, it is not surprising that whistle blower protection – whether it be in the form of common law doctrines, government policy, legislation or collective agreement provisions – will inevitably try to strike a balance. On the one hand, it will try to protect freedom of expression and disclosure in the public interest. On the other hand, it will try to protect the basic duty of loyalty owed by employees to their employers.
  bullet A Guide to the BC Lobbyists Registration Act for BC Environmental Non-Profits and Charities, December 2002 [PDF 260 Kb]
Document Summary: (Click to open in new window) The purpose of this paper is to examine the LRA and to outline the obligations placed upon charitable organisations. Secondly, we will examine the relationship between the LRA and charitable tax status. This paper is intended for non-profit NGOs that employ staff who communicate with the provincial government.
  bullet The Smart Growth Guide to Local Government Law and Advocacy, March 2001, $20.00 [PDF 760 Kb]
Document Summary: (Click to open in new window) This is a comprehensive reference to the legal aspects of smart growth in BC. The Guide explains the current laws and policies that can help or thwart smart growth, which is using land more efficiently. More compact urban centres can reduce the ecological footprint of citizens living in these areas, with less stress on air, land and water. As rapid growth, uncontained urban development, loss of farmland, and sprawl threaten the well-being of our communities, it’s more important than ever to get it right the first time around.
  bullet Developing a Response to Strategic Lawsuits Against Public Participation in British Columbia : Submissions on The Ministry of the Attorney-General’s Consultation Document, June 2000 [PDF 140 Kb]
Document Summary: (Click to open in new window) The purpose of these submissions is to respond to the Consultation Document dated May 15, 2000, entitled
  bullet Submission on MELP’s Comparative Review of the Liability Regimes under the Mines Act and the Waste Management Act, August 9, 2000 [PDF 118 Kb]
Document Summary: (Click to open in new window) This submission regarding the liability provisions for mine reclamation and environmental protection as they relate to mining under both the Waste Management Act and the Mines Act will assist the consultants undertaking the above review
  bullet Submissions of the West Coast Environmental Law Association to the Standing Committee on Environment and Sustainable Development Regarding Bill C-32, May 27, 1998
  bullet Recommendations for Improvement of Environmental Legislation, Regulations and Policy, July 31, 1996
  bullet BC Election '96 : Survey of Environmental Issues, May 20, 1996
  bullet Reforming the Canadian Environmental Protection Act : CEPA and Emergency Planning, September 1994
  bullet Reforming the Canadian Environmental Protection Act : Ocean Dumping, September 1994
  bullet Reforming the Canadian Environmental Protection Act : Ensuring Meaningful Public and Worker Involvement in Environmental Protection Under CEPA, September 1994
  bullet Comments on the Schwindt Report, 1993
  bullet Recommendations For The Proposed British Columbia Environmental Protection Act, June 22, 1993
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West Coast Environmental Protection and Management Publications (25)
  bullet Public Environmental Rights : A New Paradigm for Environmental Law?, October 2007 [PDF 800 Kb]
Document Summary: (Click to open in new window) Abstract - The Supreme Court of Canada's affirmation of the existence of public environmental rights in Canadian Forest Products v. B. C. is the latest in a long line of authority·recognizing the existence of public rights in respect of the natural environment. These rights form the basis for a new way of looking at environmental laws. While the courts and academic commentators have tended to view environmental law as a modern phenomenon, and environmental legislation as enacted from a blank legal slate, the existence of common law public environmental rights suggests another view. If public environmental rights are viewed as central to environmental law, then environmental statutes must be interpreted as affirming these pre-existing rights. Far from being a new constraint on land owners and other private actors, this new paradigm sees environmental laws as expanding the legal tools available to enforce legal constraints which existed all along. This approach is supported by a body of case law which affirms that legislation must, absent clear legislative intent, be interpreted in favour of existing public rights. In addition, the emergence of the public trust doctrine in Canadian law would provide further support for this narrative. Adopting such an approach to environmental law puts both environmental legislation and the public's rights on a stronger legal footing, and could form the basis for a major shift in how environmental law is understood in Canada.
  bullet No Response: A survey of environmental law enforcement and compliance in BC, 2007 [PDF 2.2 Mb]
Document Summary: (Click to open in new window) This report takes a look at enforcement trends for a number of BC’s key environmental laws from 1990 to 2005 and identifies some of the reasons for the trends. It also highlights the existing barriers that prevent a more in-depth analysis, and identifies some of the components that would enhance the BC government’s compliance policy toolbox.
  bullet A Citizen's Guide to Pesticide Use and the Law in BC, 2007 [PDF 950 Kb]
Document Summary: (Click to open in new window) West Coast Environmental Law receives many pesticide-related queries each year. Members of the public are concerned about the risks of commercial and home pesticide use in our communities and they want to know what avenues are available to them to counter the threats posed by these toxins. For the purposes of this guide, the generic term 'pesticides' is meant to be inclusive and generally refers to all products that are used to prevent, destroy, repel or mitigate a pest.
  bullet The Green Infrastructure Guide : Issues, Implementation Strategies, and Success Stories, 2007 PDF 980 Kb
Document Summary: (Click to open in new window) The Green Infrastructure Guide (the Guide) provides guidance on how local governments may, using legal and policy strategies, encourage or require more sustainable infrastructure designs. It refers readers to strategies, and highlights case studies of local governments that have already taken steps to incorporate a green infrastructure approach. The focus is on implementation mechanisms, issues and barriers, and on what lessons have been learned from experiences to date.
  bullet A Northern Pipeline in BC: Do British Columbians Stand to Gain?, 2006 PDF 280 Kb
  bullet The Clean Air Bylaws Guide, 2006, $10.00 [PDF 3Mb]
Document Summary: (Click to open in new window) What can municipalities do about air quality? As this Guide shows, across the province, many local governments are looking out for their residents by regulating air pollution. However, other municipalities view air quality issues as a regional issue and are unaware of the range of opportunities to have an impact on air quality. Part I of this Guide provides background information on air pollution problems facing many municipalities and the range of tools available to local governments. Part II then discusses in detail what local governments can and can’t do about air pollution through their bylaw-making powers. Part III highlights some of the municipal clean air bylaws that are already in place around the province and elsewhere and provides examples of model bylaws.
  bullet Strengthening the GVRD Air Quality Management Plan : Submissions to the Greater Vancouver Regional District Regarding the 2005 Draft Air Quality Management Plan, May 18, 2005 [PDF 180 Kb]
Document Summary: (Click to open in new window) The 2005 Draft GVRD Air Quality Management Plan (AQMP) lacks much of the specificity that made the 1994 AQMP a success. While objectives for ambient air quality have been improved, there are no clear objectives for reductions in emissions. Emission reductions anticipated from measures have not been quantified. Timeframes for implementing measures are vague. Too often the commitment to measures is weak even in areas where the GVRD has authority to act unilaterally. On behalf of the organizations listed in appendix 1, West Coast Environmental Law recommends that the 2005 Draft GVRD AQMP be accepted with some amendments, and that the GVRD board direct staff to develop a detailed implementation plan in consultation with stakeholders.
  bullet Cutting Up the Safety Net, February 2005
Document Summary: (Click to open in new window) As society grapples with environmental problems ranging from toxic contamination to climate change, it is essential that government maintain a safety net of robust laws, policies and programs aimed at protecting our environment and building a solid foundation from which to grow a thriving, sustainable economy. Over the last several decades, BC has slowly sewn together an environmental safety net. It has never been as strong as it should be, but at times, components of the net have been exemplary. Regulation of contaminated sites and pulp mill effluent were far ahead of other jurisdictions. On the other hand, BC’s environmental safety net has fallen short in other areas such as public environmental rights, endangered species protection and laws requiring integration of environmental concerns into government policies that chart the course for our future economic development. The holes that existed in the environmental safety net at the end of the last century are a concern, but a larger concern is what has happened in the last few years. In hundreds of changes to laws, policies and programs, the Provincial government has weakened the environmental safety net. Some fibres have been snipped altogether, others have been made threadbare and existing holes have been left to grow larger
  bullet Please Hold. Someone Will Be With You : A Report on Diminished Monitoring and Enforcement Capacity in the Ministry of Water, Land and Air Protection., March 2004 [PDF 207 Kb]
Document Summary: (Click to open in new window) In three years, the current British Columbia government has cut nearly 30 percent of public service jobs at the Ministry of Water, Land and Air Protection. The bulk of those jobs losses - 320 positions in all - involved members of the BC Government and Service Employees' Union and the Professional Employees Association. This report identifies what jobs have been eliminated and which areas of the province have been hit the hardest. It also shows how a reduction in environment staff begun by the previous provincial administration, has accelerated dramatically in recent years. The result is that BC now lags far behind its neighbours to the east, in staffing key areas of environmental stewardship and protection.
  bullet When the Landman Comes Knocking : A Toolkit for BC Landowners Living with Oil and Gas, October, 2004 [PDF 450 Kb]
Document Summary: (Click to open in new window) While oil and gas companies have the expertise and resources to take care of their interests when dealing with landowners, the average landowner has limited knowledge of the industry, the applicable laws, and the implications of oil and gas development for their own interests. This Toolkit helps correct that imbalance. It provides a plain language overview of how companies acquire oil and gas rights, an explanation of the basic laws governing oil and gas exploration and production on private land, an overview of the lifecycle of an average oil or gas well, and tips on how landowners can protect their interests when dealing with oil and gas companies.
  bullet What is Pump it Out?, 2003
Document Summary: (Click to open in new window) Pump it Out (PDF, 750Kb) is a web-based guide for citizens interested in knowing more about the environmental consequences of a typical 'upstream' oil and gas project in BC. These consequences can be both global (greenhouse gas emissions) and local (seismic lines, roads, pumpjacks, gathering lines, and processing facilities in the farm fields and wilderness areas of north-eastern BC).
  bullet Coalbed Methane : A Citizen's Guide, May 2003 [PDF 430 Kb]
Document Summary: (Click to open in new window) Coal miners fear it because it is highly explosive, but in twenty years coalbed methane (CBM) has gone from ‘complete obscurity’ to supplying 7% of the total US natural gas production. Along the way it has generated a lot of public controversy. In BC, the provincial government (the ‘Province’) is now aggressively pursuing CBM investment. If the CBM industry responds, and some technical problems are solved, many communities across BC will experience the CBM industry first hand. The Province is promoting CBM as a ‘clean, environmentally safe, energy source.’ There are many in the US and in Canada who strongly disagree with this characterization. The objective of this Citizen’s Guide is to document the views of both proponents and opponents of CBM in order to help inform BC citizens about the potential environmental implications of CBM. The Guide focuses on CBM experience in the US, to help BC citizens articulate questions for BC companies and regulators.
  bullet Pump It Out : The Environmental Costs of BC's Upstream Oil and Gas Industry, May 2003 [PDF 762 Kb]
Document Summary: (Click to open in new window) Pump it Out is a web-based guide for citizens interested in knowing more about the environmental consequences of a typical ‘upstream’ oil and gas project in BC. These consequences can be both global (greenhouse gas emissions) and local (seismic lines, roads, pumpjacks, gathering lines, and processing facilities in the farm fields and wilderness areas of north-eastern BC). West Coast Environmental Law believes it is especially important to understand the environmental consequences now - at a time when major national, provincial, and local decisions are being made. Nationally, Canadians are debating how to implement the Kyoto Accord and Environment Canada is reporting that oil and gas production, processing, and transmission is responsible for much of Canada’s increase in greenhouse gas emissions over the last decade.
  bullet Pump it Out : Frequently Asked Questions, 2003
Document Summary: (Click to open in new window) Pump it Out: The Environmental Costs of BC’s Upstream Oil and Gas Industry is a web-based guide for citizens interested in knowing more about the environmental consequences of a typical ‘upstream’ oil and gas project in BC. You can obtain a full copy of Pump it Out at West Coast Environmental Law, or online. This document begins to document frequently asked questions in relation to upstream oil and gas activities.
  bullet Pump it Out : Timeline : What is a Typical Upstream Oil and Gas Project, and What are the Potential Environmental Consequences?, 2003
Document Summary: (Click to open in new window) This document summarizes a typical upstream project, and highlights the environmental consequences potentially associated with each step. The most frequently raised public concerns relate to wilderness impacts from seismic, road, and pipeline projects, the flaring of sour gas, and climate change. Please consult Pump it Out for information on what laws apply, what needs to change in order to protect the environment, and what a concerned citizen can do about it.
  bullet Environmental Assessent Primer : NGO Oil And Gas Roundtable, May 24-25, 2002, Vancouver, BC, May 24-25, 2002
Document Summary: (Click to open in new window) This discussion paper summarizes key points of interest or concern with respect to environmental assessment (EA) and how it may relate to oil and gas projects. Environmental assessment law in Canada is complicated, making it difficult to be brief and comprehensive at the same time. The primary focus of this paper is to provide information to identify issues and questions about the federal regime. Some information on the BC regime is provided as well; however, given that the BC government has completely rewritten the provincial Environmental Assessment Act, we believe that federal EA is going to become increasingly important in BC
  bullet Bill 36 Primer : NGO Oil And Gas Roundtable, May 24-25, 2002, Vancouver, BC, May 24-25, 2002
Document Summary: (Click to open in new window) With the introduction of Bill 36, the BC Government is intending to double oil and gas production, reduce regulation, and reduce staff. This briefing paper provides an overview of the bill with particular regard to the impact the bill is likely to have on environmental protection measures.
  bullet Oil and Gas Program : Discussion Paper, April 2002, Aprtil 2002
Document Summary: (Click to open in new window) The need to address the environmental impacts of oil and gas exploration and development issues in a dedicated manner is becoming more urgent. Despite considerable environmental and economic uncertainty, governments are still looking to natural resource dependent industries as the key to our economic future. In contrast, the environmental implications and significance of these activities is poorly understood. For many in the public, the link has not been made between consumptive lifestyles and environmental quality, be it climate change or harmful emissions. Our oil and gas reserves are a non-renewable asset: how they are liquidated, who absorbs the costs, and who reaps the benefits will have a major impact on how we transition to sustainability. This paper provides an overview of the context for these developments as perceived by West Coast Environmental Law. It is intended as a baseline discussion document to frame our efforts, and inform the efforts of others concerned about these important issues.
  bullet Sharing Our Successes, August 2001, $10.00 [PDF 1.6Mb]
Document Summary: (Click to open in new window) A green revolution is upon us. All across this country community groups, environmental-ists, labour organizations, faith communities and individual citizens are taking action to restore, protect and improve our planet. The number of environmental initiatives occurring in Canada is truly staggering. It would take a book of this size just to state the names of all the groups who are working toward sustainability. Because we can’t give credit to everyone, we decided to create just a snapshot of some of the progressive environmental initiatives happening today in Canada. These stories range from an individual picking up recyclable goods on his bicycle, to a multi-million dollar company creating cleaner cars and buses. We hope that by reading these stories, you will be inspired to make your own move towards sustainability and improving the health of our planet.
  bullet Issues in Creating a National Stewardship Fund, September 28, 1999
  bullet Preserving British Columbia's Coast : A Regulatory Review, May, 1999 PDF Version (417kb)
Document Summary: (Click to open in new window) This report reviews the current regulatory system in place in BC to protect near shore habitat. It also describes the gaps in that system, and possible solutions to fill the regulatory gaps. It discusses the federal, provincial and municipal laws that apply to control activities that harm near shore habitat as well as the laws that protect habitat. It also discusses other approaches that can be used to promote habitat protection such as conservation covenants and other legal tools to protect privately owned land. Though commonly thought of as non-regulatory approaches, this group of tools requires a statutory base.
  bullet Comments on Bill 40, the Environmental Management Amendment Act, 1998, July 17, 1998
  bullet Environmental Protection Measures and the Internal Trade Agreement, April 28, 1994
  bullet Recommendations for Improvements to Proposed British Columbia Environmental Protection Act, August 15, 1994
  bullet The B.C. Guide to Watershed Law and Planning
Document Summary: (Click to open in new window) People everywhere are more and more concerned about protecting habitat for non-human users, ensuring good water quality and making sure that development of resources leaves something for our children and grandchildren. The Guide focuses on the local level - the watershed - giving residents of British Columbia, Canada an overview all of the laws and planning processes that govern watershed management in B.C. Rather than just dumping a heap of information on you, we’ve tried to organize the Guide so you can quickly find the information you are looking for, whether you want a general understanding of how the law works, or whether you are responding to an immediate threat to your watershed.
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West Coast First Nations Publications (6)
  bullet Land use planning: Law Reform, September 2007 [PDF 335 Kb]
Document Summary: (Click to open in new window) Developing strategic land use plans can be a powerful way for a First Nation to exercise its Aboriginal Title, and to ‘translate’ its laws and the wisdom of its Elders into maps and written rules that communicate its choices about land and water use to the Crown and third parties. Many First Nations have developed strategic land use plans and a number are engaged in strategic land use planning negotiations with the Crown; however, provincial law and policy currently present barriers to respecting, implementing and enforcing the outcomes from these processes. Law and policy reform is essential to remove these barriers and create a framework for land use planning that deals honourably with Aboriginal Title and Rights. This law reform paper from West Coast Environmental Law first provides an historical overview of strategic land use planning in BC; second, highlights key considerations in reforming law and policy in this area; and finally, lays out recommended components of a new legal framework for land use planning.
  bullet Tenure Reform, September 2007 [PDF 320 Kb]
Document Summary: (Click to open in new window) The nature of the forest industry in British Columbia is closely linked to the forest tenure system through which rights and responsibilities for forest management are allocated. Dealing honourably with Aboriginal Title and Rights in the forestry context demands substantial reform to the tenure system. There are legal, ecological, social and economic imperatives for doing so. This law reform paper from West Coast Environmental Law first provides an historical overview of these; second, highlights key considerations in reforming the forest tenure system; and finally, proposes three potential models for reform.
  bullet Submissions by West Coast Environmental Law to the International Joint Commission : In regard to the application of the Canadian Columbia Inter-Tribal Fisheries Commission concerning the Grand Coulee Dam, October 2005 [PDF 105 Kb]
Document Summary: (Click to open in new window) This Submission is a response to the International Joint Commission’s (IJC) requests for comments on the application of the Canadian Columbia River Inter-Tribal Fisheries Commission (CCRIFC) to have the IJC enforce the conditions of its Order of Approval for the Grand Coulee Dam and reservoir (the “1941 Order”).
  bullet Laws for Air Quality on and off First Nations’ Land in BC : Background Paper for workshop convened by Ministry of Water, Land and Air Protection, February 2005 [PDF 550 Kb]
Document Summary: (Click to open in new window) This report is aimed at providing background information and analysis that will assist attendees at a workshop convened by the Ministry of Water, Land and Air Protection to discuss air quality issues on and around Indian Reserves.
  bullet Provincial Forestry Revitalization Plan - Forest Act Amendments: Impacts and Implications for BC First Nations, August 2003 [PDF 325 Kb]
Document Summary: (Click to open in new window) This discussion paper analyses the impacts and implications of recent Forest Act amendments contained in Bills 27, 28, 29, 44 & 45 for BC First Nations. In spring 2003, the British Columbia provincial government introduced 5 pieces of forestry legislation. These bills contain the most significant changes to the Forest Act in over 50 years, and represent a complete overhaul of the regime for forest tenure and pricing in BC. Yet, despite the significance of the changes, no meaningful consultation or accommodation of First Nations has occurred. The package of Forest Act changes reflects Liberal campaign goals of increasing certainty and decision-making control for the forest industry, while attempting to ''manage'' two risks that could undermine these goals: the softwood lumber dispute and the Province’s legal obligations to First Nations.
  bullet Maintaining Cultural and Ecological Diversity on the Central Coast: Co-management Options : A Discussion Paper Produced for the Sierra Club of British Columbia, December 1999
Document Summary: (Click to open in new window) This discussion paper explores a handful of First Nations co-management or interim measures agreements that are working well, or have strong potential to protect ecologically and culturally significant places from unsustainable resource extraction, while respecting aboriginal rights and title, and ensuring that aboriginal uses in these areas continues. PDF Version (311kb)
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West Coast Fish and Oceans Publications (6)
  bullet Submissions by West Coast Environmental Law to the International Joint Commission : In regard to the application of the Canadian Columbia Inter-Tribal Fisheries Commission concerning the Grand Coulee Dam, October 2005 [PDF 105 Kb]
Document Summary: (Click to open in new window) This Submission is a response to the International Joint Commission’s (IJC) requests for comments on the application of the Canadian Columbia River Inter-Tribal Fisheries Commission (CCRIFC) to have the IJC enforce the conditions of its Order of Approval for the Grand Coulee Dam and reservoir (the “1941 Order”).
  bullet Riparian protection and compensation - Fish Protection Act, January 1999
Document Summary: (Click to open in new window) A streamside protection regulation is being developed under Section 12 of the <I>Fish Protection Act</I> (FPA), which will require local governments to protect streamside areas according to management objectives such as mandatory setbacks. It is anticipated that the streamside policy directives could call for a range of approaches from requiring development free areas (where riparian areas are intact or have a high potential for restoration) to vegetation, soil and impervious surface management approaches (in areas where riparian areas have been altered by existing subdivision and development). Some members of the public have called upon the government to compensate them if the regulation results in restrictions on the use of their land.
  bullet Brief on Bill 25: 1997 Fish Protection Act, July 1997
Document Summary: (Click to open in new window) The purpose of this brief is to discuss issues raised by Bill 25, the Fish Protection Act 1997, and in particular, to discuss how well the Bill improves legal protection for fish habitat.
  bullet Brief on the Fish Protection Act 1997, April 24, 1997
  bullet Comments on the Oceans Act : Translating the Vision into Law, November 2, 1995
  bullet Recommendations For Improvements To Bill C-74, an Act To Amend the Fisheries Act and To Amend the Criminal Code In Consequence Thereof, 1990
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West Coast Forestry Publications (27)
  bullet Tenure Reform, September 2007 [PDF 320 Kb]
Document Summary: (Click to open in new window) The nature of the forest industry in British Columbia is closely linked to the forest tenure system through which rights and responsibilities for forest management are allocated. Dealing honourably with Aboriginal Title and Rights in the forestry context demands substantial reform to the tenure system. There are legal, ecological, social and economic imperatives for doing so. This law reform paper from West Coast Environmental Law first provides an historical overview of these; second, highlights key considerations in reforming the forest tenure system; and finally, proposes three potential models for reform.
  bullet Timber Rules : Forest Regulations Lower Standards, Tie Government Hands and Reduce Accountability, March 2004 [PDF 80 Kb]
Document Summary: (Click to open in new window) With the release of new forest practices regulations effective January 31, 2004, the BC provincial government has now finalized its 'results-based' forest management regime. In November 2002, it passed the Forest and Range Practices Act (FRPA), but the legislation did not contain enough details to give a clear indication of what the overall regime would look like. The government claims to have reduced regulatory requirements by 55% by eliminating unnecessary red tape and paperwork. But in the process, measures designed to protect the environment have been cut.
  bullet Provincial Forestry Revitalization Plan - Forest Act Amendments: Impacts and Implications for BC First Nations, August 2003 [PDF 325 Kb]
Document Summary: (Click to open in new window) This discussion paper analyses the impacts and implications of recent Forest Act amendments contained in Bills 27, 28, 29, 44 & 45 for BC First Nations. In spring 2003, the British Columbia provincial government introduced 5 pieces of forestry legislation. These bills contain the most significant changes to the Forest Act in over 50 years, and represent a complete overhaul of the regime for forest tenure and pricing in BC. Yet, despite the significance of the changes, no meaningful consultation or accommodation of First Nations has occurred. The package of Forest Act changes reflects Liberal campaign goals of increasing certainty and decision-making control for the forest industry, while attempting to ''manage'' two risks that could undermine these goals: the softwood lumber dispute and the Province’s legal obligations to First Nations.
  bullet Submission & response to Stan Hagen re Bill 21 - Agricultural Land Commission Act, June 2002 [PDF 350 Kb]
Document Summary: (Click to open in new window) We are writing to provide input regarding Bill 21. We are not aware that there was any public consultation on this new legislation prior to its introduction in the Legislature, despite the important issues of public policy it contains. We are nevertheless writing at this late stage in the hope that you are open to changes and will receive this as constructive to the legislative process. As a general comment, although we recognize that the government is maintaining the essential elements of the agricultural land reserve protection regime, we believe the government is putting those protections at risk by authorizing delegated approval of subdivision and non-farm use without appropriate checks and balances. We are also very disappointed that you are repealing the key features of the forest land reserve without any public process. Bill 22 introduces positive changes that improve the Agricultural Land Commission’s enforcement capabilities, but it also raises the following important issues that we would like to bring to your attention.
  bullet A Review of TFL 49 (Riverside) Pilot Project, April 2002 [PDF 140 Kb]
Document Summary: (Click to open in new window) Our review focused primarily on assessing the draft pilot regulation (the Regulation) for compliance with Part 10.1 of the Forest Practices Code (the Code); in some cases we have also provided our perspective as to the public policy issues surrounding the Regulation. At the present time, the pilot project does not meet the requirements of Part 10.1 of the Forest Practices Code, for the reasons discussed below.
  bullet A Results-Based Forest and Range Practices Regime for British Columbia, June 2002 [PDF 660 Kb]
Document Summary: (Click to open in new window) The BC Government has asked the public to comment on a paper entitled 'A Results-Based Forest and Range Practices Regime for British Columbia'. The Discussion Paper proposes extensive changes to the Forest Practices Code. We hope that the government will consider and incorporate public comment into any changes to the Code. Accordingly, this report is an extensive review of the Discussion Paper, providing both a critique and suggesting alternative approaches to amendments to the Code. However, we remain skeptical of the government’s interest in public consultation due to the tight time-line imposed both on the public and on legislative drafters, as well as the fact that cuts to Ministry of Forests staff prior to opening the matter up for public discussion, all of which may constrain what type of Code BC can expect.
  bullet Further Comments on Results-Based Pilot Projects, March 8, 2001
Document Summary: (Click to open in new window) this letter represents further comments by the BCEN Forest Caucus on the development of pilot projects under Part 10.1 of the Forest Practices Code. I understand that the Stillwater Pilot Project Regulation will be considered shortly by the Joint Steering Committee. Please bring this letter to the attention of the JSC and Cabinet in their deliberations on this matter.
  bullet Briefing guide to the FSC-BC Regional Certification Standards Draft 2, June 2001 [PDF 640 Kb]
Document Summary: (Click to open in new window) In late May 2001, Draft 2 of the Forest Stewardship Council (FSC) Regional Certification Standards for British Columbia was released for public comment. This Briefing Guide has been prepared by West Coast Environmental Law Association to assist British Columbians in commenting on Draft 2 of the FSC-BC Regional Standards. These briefing materials are not official FSC documents, and are not intended to replace a thorough reading of the draft Standards themselves.
  bullet Review of Weyerhaeuser’s Stillwater Timberlands pilot project, November 3, 2000
Document Summary: (Click to open in new window) The following review of the Stillwater Timberlands Pilot Project was prepared on behalf of the BC Environmental Network Forest Caucus by Jessica Clogg; staff counsel at West Coast Environmental Law and Laurel Brewster; forestry advisor at the Sierra Legal Defence Fund. Our review focused primarily on assessing Draft 7 of the Stillwater Pilot Project Regulation for compliance with Part 10.1 of the Forest Practices Code. It should be noted that we have not had the opportunity to review the Forest Stewardship Zone map and cannot comment on whether this zonation will adequately manage and conserve the forest resources of the area. At the present time, in our opinion, the Pilot Project does not meet Part 10.1 of the Forest Practices Code. The following concerns were raised during a meeting with Weyerhaeuser staff on November 2, 2000.
  bullet Getting Beyond the Softwood Lumber Dispute: Solutions in BC’s Interest - Preliminary Recommendations, September, 2001 [PDF 75 Kb]
Document Summary: (Click to open in new window) On August 9, the US Department of Commerce imposed a 19.3% duty on all softwood lumber products imported from Canada, with the exception of those from the Maritimes. The BC Government’s response has been three-fold and inconsistent. This paper contains preliminary recommendations for discussion. These recommendations range from changing control patterns over BC’s timber supply, to implementing diverse and transparent timber pricing mechanisms, to justly addressing Aboriginal Title.
  bullet A Legal Opinion Regarding the Report: ''An Economic Analysis of Whether Long-Term Tenure Systems in British Columbian Provincial Forests Provide Countervailable Subsidies To Softwood Lumber Imported into the United States,'' by Dr. William D. Nordhaus, August 7, 2001 [PDF 75 Kb]
Document Summary: (Click to open in new window) We have been asked by two BC non-governmental organizations, Forest Futures and the Sierra Club of British Columbia, to analyze the legal assumptions behind the report entitled ''An Economic Analysis of Whether Long-Term Tenure Systems in British Columbian Provincial Forests Provide Countervailable Subsidies To Softwood Lumber Imported into the United States,'' by Dr. William D. Nordhaus. We have attempted to restrict ourselves to examining British Columbian law as it relates to the Report. In addition, this opinion does not address the potential impacts of the existence of constitutionally protected aboriginal title on the rights of government and licensees’ in provincial forests.
  bullet Review of Bulkley Results-Based Forest Practices Code Pilot Project, January 31, 2001
Document Summary: (Click to open in new window) The following review of the Bulkley Results-Based Forest Practices Code Pilot Project (the
  bullet Review of Fort St. John Pilot Project, December 21, 2000
Document Summary: (Click to open in new window) The following review of the Draft Fort St. John Pilot Project was prepared on behalf of the Forest Caucus of the BC Environmental Network by Jessica Clogg, staff counsel at West Coast Environmental Law, and Laurel Brewster, forestry advisor at the Sierra Legal Defence Fund. Our review focused primarily on assessing the draft pilot regulation for compliance with Part 10.1 of the Forest Practices Code; however, in some cases we have also provided our perspective as to the public acceptability of the pilot. In our opinion, at the present time the pilot project does not meet the requirements of Part 10.1 of the Forest Practices Code.
  bullet Submissions to Mr. David Perry On the issue of Minister of Forests’ Consent to the Weyerhaeuser Acquisition of MacMillan Bloedel, September 7, 1999
Document Summary: (Click to open in new window) The West Coast Environmental Law Association welcomes the opportunity to make submissions to assist the Minister of Forests in his decision whether to consent to the acquisition of MacMillan Bloedel Limited by Weyerhaeuser Company. It is our position that the Minister should not consent to the change of control over MB. At this point in the history of BC, any change of control over the forest land base should prioritise diversification, not increasing corporate concentration.
  bullet Guide to forest land use planning, November 1999, $25.00 PDF
Document Summary: (Click to open in new window) West Coast's Guide to Forest Land Use Planning is a comprehensive guide to the laws, regulations and policies governing forest land use planning in British Columbia. Hard copies of the guide may be ordered from our office. $25 for non-members, $22 for WCEL members. Updated by Jessica Clogg, November 1999, and Andrew Gage, March 2001. Reprinted (March 2001 updates) in August 2001, without binders.
  bullet Forest Policy Review Brief, 1999
  bullet Comments on the Public Consultation Draft of the Forest Stewardship Council Regional Certification Standard for British Columbia, November 19, 1999
  bullet The MacMillan Bloedel Settlement Agreement: Submissions to Mr. David Perry, June 30, 1999
Document Summary: (Click to open in new window) The following submissions build upon and clarify our submissions of June 10, 1999. The two submissions should be read together, as points raised earlier have not necessarily been repeated below. The specific issues addressed in this submission are: 1. our support for the concerns raised by affected communities regarding the implications of forest privatisation and tree farm licence (TFL) removals on sustainable forest jobs, biodiversity, fish and wildlife habitat, community well-being and public input in forest management decisions; 2. the constitutionality of the Settlement Agreement and the impact of tree farm licence (TFL) removals on aboriginal rights and title; and 3. clarification of compensation issues.
  bullet Oral Submissions to the Forest Policy Review Process Public Forum, November 16, 1999
Document Summary: (Click to open in new window) David Zirnhelt, Minister of Forests has stated that he hopes that this Forest Policy Review Process
  bullet Legal Opinion on the NAFTA Chapter 11 Implications of the Proposed Acquisition of MacMIllan Bloedel by Weyerhaeuser, September 2, 1999
Document Summary: (Click to open in new window) The BC Minister of Forests must consent to the change of control of MacMillan Bloedel Limited contemplated by the June 20, 1999 merger agreement between Weyerhaeuser Company, MacMillan Bloedel Limited, and a BC subsidiary of Weyerhaeuser. The following legal opinion addresses the implications of the North American Free Trade Agreement (the
  bullet The MacMillan Bloedel Settlement Agreement: Submissions to Mr. David Perry, June 10, 1999
Document Summary: (Click to open in new window) West Coast Environmental Law understands that the terms of reference of the MacMillan Bloedel Settlement Agreement Consultation Program include: determining whether the proposed land transfers to MB can be done without infringing aboriginal rights and title; assessing the implications of the proposed transfers, and providing advice to government respecting which of the transfers under consideration should be implemented. For the reasons set out below, the position of WCEL is that: 1. the Settlement Agreement is a serious and unjustifiable infringement of aboriginal rights and title; 2. the implications of the proposed transfers are overwhelmingly negative for sustainable forest jobs, biodiversity, fish and wildlife habitat, and community well-being; and 3. none of the transfers under consideration should be implemented
  bullet Save BC's Public Lands : Collected Materials Concerning the Campaign to Save BC's Public Lands, Summer 1999
Document Summary: (Click to open in new window) In March 1999, the government of British Columbia announced that it was considering privatising and turning over up to 30,000 hectares of public land to logging giant MacMillan Bloedel (MB), and removing up to 91,000 hectares of existing private land from Tree Farm Licences 39 and 44. This deal was an out of court settlement of MB's compensation claim arising from park creation on Vancouver Island. In the settlement agreement the government agrees to pay MB 83.75 million dollars in either land or cash. The government hired Victoria lawyer David Perry to do a series of public consultations on the settlement agreement. Perry's primary mandate was to answer the question: land or cash? All the consultations were held during a three week in June 1999. In order to raise awareness about the settlement agreement and to encourage people to attend the Perry consultations, the Campaign for BC's Public Lands worked with local groups to organise information meetings in 11 communities affected by the settlement agreement prior to the consultations.
  bullet Tenure Background Paper : Kootenay Conference on Forest Alternatives : Forest Tenure Reform : A Path to Community Prosperity?, October 1999
  bullet Tenure Reform for Ecologically and Socially Responsible Forest Use in British Columbia, January 1997
  bullet Comments on Identified Wildlife Management Strategy (Volume 1) : Species at Risk and the Forest Practices Code, January 1998
  bullet Comments on Bill 47 Forest Statutes Amendment Act, 1997 Proposed Changes to Enforcement and Compliance Provisions : Addendum to July 24th, 1997 comments on Proposed changes to Part IV,Division 3 - Administrative Remedies in the Forest Practices Code of BC, July 29, 1997
  bullet Comments on Proposed Changes to Part IV, Division 3 - Administrative Remedies in the Forest Practices Code of British Columbia Act., July 24, 1997
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West Coast Harmonization Publications (0)
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West Coast In-house Publications (2)
  bullet West Coast Environmental Law Annual Reports and Financial Statements
  bullet News from West Coast Environmental Law
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West Coast Internet Publications (1)
  bullet Electronic Crossroads: Public Access to Computerized Environmental Legal Information, Final Report to Environmental Innovation Program, March 31, 1994
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West Coast Land Publications (17)
  bullet Tenure Reform, September 2007 [PDF 320 Kb]
Document Summary: (Click to open in new window) The nature of the forest industry in British Columbia is closely linked to the forest tenure system through which rights and responsibilities for forest management are allocated. Dealing honourably with Aboriginal Title and Rights in the forestry context demands substantial reform to the tenure system. There are legal, ecological, social and economic imperatives for doing so. This law reform paper from West Coast Environmental Law first provides an historical overview of these; second, highlights key considerations in reforming the forest tenure system; and finally, proposes three potential models for reform.
  bullet The Green Infrastructure Guide : Issues, Implementation Strategies, and Success Stories, 2007 PDF 980 Kb
Document Summary: (Click to open in new window) The Green Infrastructure Guide (the Guide) provides guidance on how local governments may, using legal and policy strategies, encourage or require more sustainable infrastructure designs. It refers readers to strategies, and highlights case studies of local governments that have already taken steps to incorporate a green infrastructure approach. The focus is on implementation mechanisms, issues and barriers, and on what lessons have been learned from experiences to date.
  bullet Land use planning: Law Reform, September 2007 [PDF 335 Kb]
Document Summary: (Click to open in new window) Developing strategic land use plans can be a powerful way for a First Nation to exercise its Aboriginal Title, and to ‘translate’ its laws and the wisdom of its Elders into maps and written rules that communicate its choices about land and water use to the Crown and third parties. Many First Nations have developed strategic land use plans and a number are engaged in strategic land use planning negotiations with the Crown; however, provincial law and policy currently present barriers to respecting, implementing and enforcing the outcomes from these processes. Law and policy reform is essential to remove these barriers and create a framework for land use planning that deals honourably with Aboriginal Title and Rights. This law reform paper from West Coast Environmental Law first provides an historical overview of strategic land use planning in BC; second, highlights key considerations in reforming law and policy in this area; and finally, lays out recommended components of a new legal framework for land use planning.
  bullet A Northern Pipeline in BC: Do British Columbians Stand to Gain?, 2006 PDF 280 Kb
  bullet Oil and Gas Health and Safety Issues Backgrounder, September 2006 [PDF 135 Kb]
Document Summary: (Click to open in new window) The purpose of this handout is to provide an overview of the health and safety risks associated with oil and gas development in order to support a discussion that will lead to the adoption in British Columbia of legislation and regulations that reflect the very best practices for health and safety. The handout is organized by broad topic: air pollution, waste and by-product disposal, operational hazards, noise and accidents.
  bullet The Green Buildings Guide : Tools for Local Governments to Promote Site Sustainability, 2006, $10.00 [PDF 990 Kb]
Document Summary: (Click to open in new window) This Guide’s purpose is to increase green building uptake in BC, by providing a central resource to the suite of regulatory and policy tools currently available to BC local governments to support and promote green building design and practices. The Guide’s aim is to provide targeted guidance. The Guide is therefore neither a law reform report nor a comprehensive discussion of the many benefits of green buildings. It assumes that the reader is already familiar with the what, is convinced of the merits, and is seeking knowledge on how to move forward at the cutting edge.
  bullet Coalbed Methane : A BC Local Government Guide, May, 2006 [PDF 900 Kb]
Document Summary: (Click to open in new window) As conventional oil and gas resources are being depleted worldwide, coalbed methane is being touted as one means to fill the supply and demand gap for gas. The British Columbia government views coalbed methane as 'an important new energy source that will diversify our energy supply and contribute to British Columbia’s economy through revenue and jobs.' However, because the economics of coalbed methane development are still uncertain, the Province is offering $50,000 royalty credits for every well drilled before December 2008, and it is working to make its regulations more 'coalbed methane friendly.' Industry has responded to the Province’s invitation: as of the fall of 2005, over 40 coalbed methane wells have been drilled in BC. These have been primarily in the northeast, but also in the south central interior, the Elk Valley, on Vancouver Island and near Iskut. With commercial production on the horizon, this Guide endeavours to encourage responsible development of BC’s coalbed methane resources, and to ensure that mistakes that were made in the United States are not repeated here. Experience with coalbed methane development in the early years in the US was largely negative, bringing with it significant impacts on private lands and changing the face of many communities. This Guide explains some of the environmental and social risks associated with coalbed methane development, and then focuses on some of the tools available for local governments to plan for, avoid and mitigate the potential negative consequences. We discuss regulatory tools that are set out in the Local Government Act and Community Charter, and apply these tools to the particular challenges presented by coalbed methane development. We describe and build upon the wisdom of a number of 'best practices' projects initiated in the US.
  bullet Protecting the Working Landscape of Agriculture : A Smart Growth Direction for Municipalities in British Columbia, November 2005 [PDF 750 Kb]
Document Summary: (Click to open in new window) This report details the range of tools local governments are using to protect the agricultural working landscape, and directs readers to specific examples of local government bylaws and policies. Its purpose is to encourage local governments to adopt effective tools for protecting the working agricultural landscape. This report is part of West Coast Environmental Law’s Smart Bylaws Guide (www.wcel.org/issues/urban/sbg), a web-based resource that provides local governments and citizens with information on strategies local governments can adopt to create more compact, complete communities, and use tax dollars more efficiently.
  bullet Undermining Our Future : How Mining’s Privileged Access to Land Harms People and the Environment - A Discussion Paper on the Need to Reform Mineral Tenure Law in Canada, January 2004 [PDF 420 Kb]
Document Summary: (Click to open in new window) The public is becoming more concerned with the environmental impacts of mining, and the privileged access that the mining industry receives. The allocation of mineral tenures, or the law of free entry, is a key structural issue that contributes to the preferential treatment enjoyed by the mining industry. The original purpose of free entry laws was to encourage mining activity; the underlying philosophy was that mining was the best use of land. In exchange for obtaining resource development and a ''taming of the wilderness,'' the government did not interfere with miner activity. Although times and values have changed dramatically, the system remains in place and in use. Its application in the 21st century is, however, inequitable and poses great risks for the environment. Structural reforms must be achieved in order to ensure that mining does not unduly harm our environment and our communities, and to place mining on a level playing field with other industrial land uses.
  bullet Please Hold. Someone Will Be With You : A Report on Diminished Monitoring and Enforcement Capacity in the Ministry of Water, Land and Air Protection., March 2004 [PDF 207 Kb]
Document Summary: (Click to open in new window) In three years, the current British Columbia government has cut nearly 30 percent of public service jobs at the Ministry of Water, Land and Air Protection. The bulk of those jobs losses - 320 positions in all - involved members of the BC Government and Service Employees' Union and the Professional Employees Association. This report identifies what jobs have been eliminated and which areas of the province have been hit the hardest. It also shows how a reduction in environment staff begun by the previous provincial administration, has accelerated dramatically in recent years. The result is that BC now lags far behind its neighbours to the east, in staffing key areas of environmental stewardship and protection.
  bullet When the Landman Comes Knocking : A Toolkit for BC Landowners Living with Oil and Gas, October, 2004 [PDF 450 Kb]
Document Summary: (Click to open in new window) While oil and gas companies have the expertise and resources to take care of their interests when dealing with landowners, the average landowner has limited knowledge of the industry, the applicable laws, and the implications of oil and gas development for their own interests. This Toolkit helps correct that imbalance. It provides a plain language overview of how companies acquire oil and gas rights, an explanation of the basic laws governing oil and gas exploration and production on private land, an overview of the lifecycle of an average oil or gas well, and tips on how landowners can protect their interests when dealing with oil and gas companies.
  bullet Groundwater Use in Canada, November 2004 [PDF 600 Kb]
Document Summary: (Click to open in new window) This case study focuses on groundwater use in Canada. It explores patterns of groundwater use across the country and notes some of the significant gaps in the data. Its purpose is to compile the data and information available about groundwater use in Canada, to enable better understanding of groundwater use - who is using it, for what purposes, where, when and with what impacts on the resource.
  bullet Green Infrastructure Supplement for Subdivisions : Report on the Green Infrastructure Consultation Held on May 11, 2004 in Vancouver, 23 June 2004 [PDF 200 Kb]
Document Summary: (Click to open in new window) The Green Infrastructure Partnership (GIP) is a consortium of four organizations that share a vision for developing and implementing a Model Subdivision Bylaw and Green Infrastructure Standards that will present options for land development regulation province-wide. Implementation by local governments will be voluntary, but once the decision is made to embrace green infrastructure, implementation will be by regulation. This will be a multi-step process. The first step will be the creation and dissemination of an optional Green Supplement to the Master Municipal Construction Document Association (MMCD) Design Guidelines.
  bullet Smart Bylaws - Summary, December 2003 [PDF 885 Kb]
Document Summary: (Click to open in new window) Many municipalities and developers in British Columbia are emerging as North American leaders in smart growth practices at the regional and local scale. Residents are demanding more choices in where they live and the quality of neighbourhoods and job opportunities. Bounded by ocean, mountains, rivers and working lands, communities are also being forced to use land more efficiently to stop urban sprawl, revitalize commercial centres, and maintain a working land base. In recognition of this leadership role, West Coast Environmental Law has developed this Smart Bylaws Guide to assist local governments to implement smart growth strategies through policy and bylaw changes. It describes smart growth practices, and backs up the theory with case studies, technical standards and bylaws that can be tailored to specific municipal circumstances. The Guide brings together the best practices of municipalities across BC, and highlights other innovators in the US.
  bullet A Case for Smart Growth, December 2003 [PDF 325 Kb]
Document Summary: (Click to open in new window) Smart growth is taking off in British Columbia. In recognition of BC’s leadership role, West Coast Environmental Law has developed a Smart Bylaws Guide to assist local governments to implement smart growth strategies through policy and bylaw changes. It describes smart growth practices, and backs up the theory with case studies, technical standards and bylaws that can be tailored to specific municipal circumstances. The Guide brings together the best practices of municipalities across BC, and highlights other innovators in the US and Europe. The entire Guide can be accessed at www.wcel.org/issues/urban/sbg. This Case for Smart Growth is one element of the Guide, and presents credible evidence and the economic rationale for local governments to adopt smart growth strategies.
  bullet Comments on the Interim Report of the Advisory Panel on Contaminated Sites, October 2002 [PDF 105 Kb]
Document Summary: (Click to open in new window) This brief contains the comments of West Coast Environmental Law in regard to the Interim Report of the Advisory Panel on Contaminated Sites, released on September 3, 2002. The panel was appointed by Joyce Murray, Minister of Water, Land and Air Protection on May 14, 2002 to review the contaminated sites provisions in Part 4 of the Waste Management Act and the Contaminated Sites Regulation.
  bullet Save BC's Public Lands : Collected Materials Concerning the Campaign to Save BC's Public Lands, Summer 1999
Document Summary: (Click to open in new window) In March 1999, the government of British Columbia announced that it was considering privatising and turning over up to 30,000 hectares of public land to logging giant MacMillan Bloedel (MB), and removing up to 91,000 hectares of existing private land from Tree Farm Licences 39 and 44. This deal was an out of court settlement of MB's compensation claim arising from park creation on Vancouver Island. In the settlement agreement the government agrees to pay MB 83.75 million dollars in either land or cash. The government hired Victoria lawyer David Perry to do a series of public consultations on the settlement agreement. Perry's primary mandate was to answer the question: land or cash? All the consultations were held during a three week in June 1999. In order to raise awareness about the settlement agreement and to encourage people to attend the Perry consultations, the Campaign for BC's Public Lands worked with local groups to organise information meetings in 11 communities affected by the settlement agreement prior to the consultations.
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West Coast Mining Publications (14)
  bullet Coalbed Methane : A BC Local Government Guide, May, 2006 [PDF 900 Kb]
Document Summary: (Click to open in new window) As conventional oil and gas resources are being depleted worldwide, coalbed methane is being touted as one means to fill the supply and demand gap for gas. The British Columbia government views coalbed methane as 'an important new energy source that will diversify our energy supply and contribute to British Columbia’s economy through revenue and jobs.' However, because the economics of coalbed methane development are still uncertain, the Province is offering $50,000 royalty credits for every well drilled before December 2008, and it is working to make its regulations more 'coalbed methane friendly.' Industry has responded to the Province’s invitation: as of the fall of 2005, over 40 coalbed methane wells have been drilled in BC. These have been primarily in the northeast, but also in the south central interior, the Elk Valley, on Vancouver Island and near Iskut. With commercial production on the horizon, this Guide endeavours to encourage responsible development of BC’s coalbed methane resources, and to ensure that mistakes that were made in the United States are not repeated here. Experience with coalbed methane development in the early years in the US was largely negative, bringing with it significant impacts on private lands and changing the face of many communities. This Guide explains some of the environmental and social risks associated with coalbed methane development, and then focuses on some of the tools available for local governments to plan for, avoid and mitigate the potential negative consequences. We discuss regulatory tools that are set out in the Local Government Act and Community Charter, and apply these tools to the particular challenges presented by coalbed methane development. We describe and build upon the wisdom of a number of 'best practices' projects initiated in the US.
  bullet Comments on the BC Ministry of Water, Land and Air Protection's Coalbed Methane Produced Water Code of Practice Intentions Paper, January 2005
  bullet West Coast Environmental Law Backgrounder : Coalbed Methane Produced Water Code of Practice Raises Concerns, January 26, 2005
  bullet Oil and Gas in British Columbia : 10 Steps to Responsible Development : 2-page prochure, 2004 [PDF 592 Kb]
Document Summary: (Click to open in new window) BC is experiencing an oil and gas boom. As with most booms, however, the rapid pace of activity has not led to responsible development. Landowners, conservationists, First Nations, and labour share this concern, and have joined together to release a 10 point platform for responsible development in BC’s terrestrial oil and gas industry.
  bullet When the Landman Comes Knocking : A Toolkit for BC Landowners Living with Oil and Gas, October, 2004 [PDF 450 Kb]
Document Summary: (Click to open in new window) While oil and gas companies have the expertise and resources to take care of their interests when dealing with landowners, the average landowner has limited knowledge of the industry, the applicable laws, and the implications of oil and gas development for their own interests. This Toolkit helps correct that imbalance. It provides a plain language overview of how companies acquire oil and gas rights, an explanation of the basic laws governing oil and gas exploration and production on private land, an overview of the lifecycle of an average oil or gas well, and tips on how landowners can protect their interests when dealing with oil and gas companies.
  bullet Coalbed Methane Produced Water Checklist : Checklist for BC Code of Practice for discharge of produced water from coalbed gas operations, August 2004 [PDF 75 Kb]
Document Summary: (Click to open in new window) This checklist has been prepared in response to an invitation by the BC Government to comment confidentially on the Draft Code of Practice for Discharge of Produced Water from Coalbed Gas Operations. Because West Coast could not be bound by a confidentiality agreement and still work with members of the public to ensure a strong regulatory approach to coalbed methane produced water, we have not seen the Code of Practice, and instead, have framed our comments in the form of a checklist by which the public may evaluate the Code when it is released.
  bullet Oil and Gas in British Columbia : 10 Steps to Responsible Development : 16-page report, April 2004 [PDF 354 Kb]
Document Summary: (Click to open in new window) This report concentrates on the impacts of land-based oil and gas development, rather than offshore impacts, and presents a ten-point mitigation plan. Adoption of each of these ten points is essential for BC to be on a path toward responsible development.
  bullet Undermining Our Future : Mining's Privileged Access to Land - A Free Entry Backgrounder, January 2004 [PDF 48 Kb]
Document Summary: (Click to open in new window) What is free entry? The free entry system is the dominant means of granting mineral tenures in Canada today. It gives mining companies the exclusive right to Crown-owned mineral substances from the surface of their claim to an unlimited extension downwards.
  bullet Undermining Our Future : How Mining’s Privileged Access to Land Harms People and the Environment - A Discussion Paper on the Need to Reform Mineral Tenure Law in Canada, January 2004 [PDF 420 Kb]
Document Summary: (Click to open in new window) The public is becoming more concerned with the environmental impacts of mining, and the privileged access that the mining industry receives. The allocation of mineral tenures, or the law of free entry, is a key structural issue that contributes to the preferential treatment enjoyed by the mining industry. The original purpose of free entry laws was to encourage mining activity; the underlying philosophy was that mining was the best use of land. In exchange for obtaining resource development and a ''taming of the wilderness,'' the government did not interfere with miner activity. Although times and values have changed dramatically, the system remains in place and in use. Its application in the 21st century is, however, inequitable and poses great risks for the environment. Structural reforms must be achieved in order to ensure that mining does not unduly harm our environment and our communities, and to place mining on a level playing field with other industrial land uses.
  bullet Coalbed Methane : What is it? What Could it Mean for BC?, September 2003 [PDF 350 Kb]
  bullet Undermining the Law : Addressing the Crisis in Compliance with Environmental Mining Laws in BC, December 2001 [PDF 550 Kb]
Document Summary: (Click to open in new window) Is BC’s mining industry complying with the standards and law? How effective is government in ensuring that these standards and laws are enforced? This report takes a close look at the mining industry’s record of compliance. It finds that environmental enforcement is generally weak and that our ability to monitor environmental standards is limited and getting worse. If our environmental laws are not enforced, they leave the public with a false sense of security. The causes for this poor enforcement record are found throughout the regulatory regime, from environmental assessment through to decommissioning and mine reclamation. This report makes recommendations for simple, cost-effective measures that would increase environmental protection and improve environmental quality.
  bullet Submission to the Aggregate Advisory Panel, December 2000 [PDF 189 Kb]
Document Summary: (Click to open in new window) Sand and gravel pit permitting is creating real conflict throughout communities in BC. Community land use conflicts need meaningful, community driven solutions.
  bullet The Aggregate Review : a West Coast Environmental Law Primer, November 2000 [PDF 78 Kb]
Document Summary: (Click to open in new window) Sand and gravel pits and quarries are the source of many environmental and community concerns, and are resulting in numerous regional conflicts in BC. We support this review of the framework regarding planning, approval and management of aggregate, and hope that the Review Panel will produce meaningful recommendations to reduce these conflicts. This Primer outlines five key issues for the public and the Panel to consider, and makes recommendations on policy and legislative changes to improve the way in which gravel pits and rock quarries are approved and operated in BC
  bullet Comments on Bill 12, the Mining Rights Amendment Act, 1998, April 29, 1998
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West Coast Other Documents Publications (11)
  bullet Public Rights and the Lost Rule Principle of Statutory Interpretation, April 2006 [PDF 188 Kb]
Document Summary: (Click to open in new window) You won’t find 'Public Rights' in the index of any of the main texts on statutory interpretation in Canada. You will find sections on aboriginal rights, possibly customary rights, and definitely private rights. The legal commentaries seem to suggest that public rights don’t really influence how the courts interpret statutes, perhaps taking the view that such rights exist only at the pleasure of the Crown. This is astounding, as the case law is clear that statutes should be interpreted as affirming and protecting public rights unless they contain clear language to the contrary. By ignoring this lost rule of statutory interpretation, Canadian law has tended to emphasize private rights over the rights of the public, viewing statutes that affirm public rights at the expense of private rights with suspicion. The result is a bias in the legal system against such issues as the environment and public health, particularly when they interfere with powerful economic interests. If the Canadian courts instead choose to recognize and affirm the importance of public rights, Canadian law can use an old principle of statutory interpretation to advance a new and more balanced approach to dealing with the environment and other disputes affecting public rights. This paper will briefly consider what is meant by public rights before turning to a broader review of the cases that have interpreted government action that impacts on public rights. The relevant principle - that legal documents should be interpreted as not derogating from, and where appropriate affirming, public rights - will be illustrated and discussed in the context of:
  bullet Whistle Blower Protection : Strategies for BC, May 2002 [PDF 190 Kb]
Document Summary: (Click to open in new window) Whistle blowing is the act of a person who, believing that the public interest overrides the interest of the organization he serves, tells the public or authorities outside her organization that the organization is involved in corrupt, illegal, fraudulent, immoral or harmful activity. Whistle blowing has a long and varied history. Whistle blowers have been held up as conscientious heroes and scorned as traitors and malcontents. Thus, it is not surprising that whistle blower protection – whether it be in the form of common law doctrines, government policy, legislation or collective agreement provisions – will inevitably try to strike a balance. On the one hand, it will try to protect freedom of expression and disclosure in the public interest. On the other hand, it will try to protect the basic duty of loyalty owed by employees to their employers.
  bullet The West Coast Environmental Law SLAPP Handbook, November 2002 [PDF 285 Kb]
Document Summary: (Click to open in new window) Strategic lawsuits against public participation (SLAPPs) are civil actions with little merit advanced with the intent of stifling participation in public policy and decision-making. Most SLAPPs succeed in silencing opposition because public interest groups and ordinary citizens do not have the money to fight the claim in court. A lawsuit against someone practicing civil disobedience is not a SLAPP. SLAPPs are lawsuits aimed at silencing lawful forms of public participation, such as starting a petition, or posting information on the Internet.
  bullet A Guide to the BC Lobbyists Registration Act for BC Environmental Non-Profits and Charities, December 2002 [PDF 260 Kb]
Document Summary: (Click to open in new window) The purpose of this paper is to examine the LRA and to outline the obligations placed upon charitable organisations. Secondly, we will examine the relationship between the LRA and charitable tax status. This paper is intended for non-profit NGOs that employ staff who communicate with the provincial government.
  bullet The Lobbyists Registration Act and Charities, October 2001 [PDF 100 Kb]
Document Summary: (Click to open in new window) The provincial government has now passed the Lobbyists Registration Act (the
  bullet List of Acronyms Used in Environmental Literature, September 1994
  bullet Opportunity Lost: Environmental Comments on the August 1992 Canadian Constitutional Accord, September 14, 1992
  bullet Making the News : A Guide to Using the Media, 1992
  bullet Enhancing Environmental Protection in the Canadian Constitution: Comments on the Canadian Government's Constitutional Proposals, October 23, 1991
  bullet The Eco-Kids Rescue the River, 1986-2005 [PDF 1.4 Mb]
Document Summary: (Click to open in new window) A colouring book aimed at teaching ecological values to children. Reissued as an online publication in 2005.
  bullet Making the News : A Guide to Using the Media, 1980
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West Coast Pollution Publications (26)
  bullet Joint West Coast/Sierra Legal Submission to Ministry of Energy and Mines for the Oil and Gas Regulatory Improvement Initiative, February 28, 2006 [PDF 100 Kb]
Document Summary: (Click to open in new window) West Coast Environmental Law and the Sierra Legal Defence Fund have now had an opportunity to review the Oil and Gas Regulatory Improvement Initiative (OGRII) Discussion Paper, dated December 1, 2005. This Submission to the Ministry of Energy and Mines is divided into two sections - general comments about the tone and direction of the initiative, and specific responses to the policy proposals.
  bullet Oil and Gas Health and Safety Issues Backgrounder, September 2006 [PDF 135 Kb]
Document Summary: (Click to open in new window) The purpose of this handout is to provide an overview of the health and safety risks associated with oil and gas development in order to support a discussion that will lead to the adoption in British Columbia of legislation and regulations that reflect the very best practices for health and safety. The handout is organized by broad topic: air pollution, waste and by-product disposal, operational hazards, noise and accidents.
  bullet Laws for Air Quality on and off First Nations’ Land in BC : Background Paper for workshop convened by Ministry of Water, Land and Air Protection, February 2005 [PDF 550 Kb]
Document Summary: (Click to open in new window) This report is aimed at providing background information and analysis that will assist attendees at a workshop convened by the Ministry of Water, Land and Air Protection to discuss air quality issues on and around Indian Reserves.
  bullet Strengthening the GVRD Air Quality Management Plan : Submissions to the Greater Vancouver Regional District Regarding the 2005 Draft Air Quality Management Plan, May 18, 2005 [PDF 180 Kb]
Document Summary: (Click to open in new window) The 2005 Draft GVRD Air Quality Management Plan (AQMP) lacks much of the specificity that made the 1994 AQMP a success. While objectives for ambient air quality have been improved, there are no clear objectives for reductions in emissions. Emission reductions anticipated from measures have not been quantified. Timeframes for implementing measures are vague. Too often the commitment to measures is weak even in areas where the GVRD has authority to act unilaterally. On behalf of the organizations listed in appendix 1, West Coast Environmental Law recommends that the 2005 Draft GVRD AQMP be accepted with some amendments, and that the GVRD board direct staff to develop a detailed implementation plan in consultation with stakeholders.
  bullet Technical Review Code of Practice for the Discharge of Produced Water from Coalbed Gas Operations in British Columbia, January 2005
  bullet Comments on the BC Ministry of Water, Land and Air Protection's Coalbed Methane Produced Water Code of Practice Intentions Paper, January 2005
  bullet West Coast Environmental Law Backgrounder : Coalbed Methane Produced Water Code of Practice Raises Concerns, January 26, 2005
  bullet Public Health Hazards and Section 7 of the Charter, 2004 [PDF 225 Kb]
Document Summary: (Click to open in new window) Government decisions that give rise to a health risk to the public at large may have a very real impact on the right to life, liberty and security of the person of individuals and the public at large. Surprisingly, there has been comparatively little litigation examining whether s. 7 of the Canadian Charter of Rights and Freedoms places limits on the ability of government that create or authorize such health risks. After a review of the relevant Canadian court decisions, decisions from other jurisdictions with similar constitutional provisions and relevant international instruments, the author concludes that the scope of s. 7 does extend to protecting members of the public against government decisions that create a serious public health risk.
  bullet Response to the Proposed Waste Discharge Regulation, January 2004 [PDF 150 Kb]
Document Summary: (Click to open in new window) On October 21, 2003 the BC government passed its Bill 57, the Environmental Management Act. Bill 57 replaces BC’s main pollution law, the Waste Management Act, with a new regime that is part of the BC government’s deregulation initiative. It is expected that Bill 57 will eliminate about 80% or more of existing waste permits. However, the Ministry of Water, Land and Air Protection is currently requesting comments on the proposed Waste Discharge Regulation-a regulation which would be created under the new Act. This Regulation provides a higher level of detail about what can be expected in BC as a result of the new Act, and this backgrounder is intended both to inform the public on the implications of the Regulation, and to provide recommendations to Government on how the Regulation could be improved.
  bullet Pump it Out : Frequently Asked Questions, 2003
Document Summary: (Click to open in new window) Pump it Out: The Environmental Costs of BC’s Upstream Oil and Gas Industry is a web-based guide for citizens interested in knowing more about the environmental consequences of a typical ‘upstream’ oil and gas project in BC. You can obtain a full copy of Pump it Out at West Coast Environmental Law, or online. This document begins to document frequently asked questions in relation to upstream oil and gas activities.
  bullet Coalbed Methane : What is it? What Could it Mean for BC?, September 2003 [PDF 350 Kb]
  bullet Pump It Out : The Environmental Costs of BC's Upstream Oil and Gas Industry, May 2003 [PDF 762 Kb]
Document Summary: (Click to open in new window) Pump it Out is a web-based guide for citizens interested in knowing more about the environmental consequences of a typical ‘upstream’ oil and gas project in BC. These consequences can be both global (greenhouse gas emissions) and local (seismic lines, roads, pumpjacks, gathering lines, and processing facilities in the farm fields and wilderness areas of north-eastern BC). West Coast Environmental Law believes it is especially important to understand the environmental consequences now - at a time when major national, provincial, and local decisions are being made. Nationally, Canadians are debating how to implement the Kyoto Accord and Environment Canada is reporting that oil and gas production, processing, and transmission is responsible for much of Canada’s increase in greenhouse gas emissions over the last decade.
  bullet What is Pump it Out?, 2003
Document Summary: (Click to open in new window) Pump it Out (PDF, 750Kb) is a web-based guide for citizens interested in knowing more about the environmental consequences of a typical 'upstream' oil and gas project in BC. These consequences can be both global (greenhouse gas emissions) and local (seismic lines, roads, pumpjacks, gathering lines, and processing facilities in the farm fields and wilderness areas of north-eastern BC).
  bullet Pump it Out : Timeline : What is a Typical Upstream Oil and Gas Project, and What are the Potential Environmental Consequences?, 2003
Document Summary: (Click to open in new window) This document summarizes a typical upstream project, and highlights the environmental consequences potentially associated with each step. The most frequently raised public concerns relate to wilderness impacts from seismic, road, and pipeline projects, the flaring of sour gas, and climate change. Please consult Pump it Out for information on what laws apply, what needs to change in order to protect the environment, and what a concerned citizen can do about it.
  bullet Coalbed Methane : A Citizen's Guide, May 2003 [PDF 430 Kb]
Document Summary: (Click to open in new window) Coal miners fear it because it is highly explosive, but in twenty years coalbed methane (CBM) has gone from ‘complete obscurity’ to supplying 7% of the total US natural gas production. Along the way it has generated a lot of public controversy. In BC, the provincial government (the ‘Province’) is now aggressively pursuing CBM investment. If the CBM industry responds, and some technical problems are solved, many communities across BC will experience the CBM industry first hand. The Province is promoting CBM as a ‘clean, environmentally safe, energy source.’ There are many in the US and in Canada who strongly disagree with this characterization. The objective of this Citizen’s Guide is to document the views of both proponents and opponents of CBM in order to help inform BC citizens about the potential environmental implications of CBM. The Guide focuses on CBM experience in the US, to help BC citizens articulate questions for BC companies and regulators.
  bullet Oil and Gas Program : Discussion Paper, April 2002, Aprtil 2002
Document Summary: (Click to open in new window) The need to address the environmental impacts of oil and gas exploration and development issues in a dedicated manner is becoming more urgent. Despite considerable environmental and economic uncertainty, governments are still looking to natural resource dependent industries as the key to our economic future. In contrast, the environmental implications and significance of these activities is poorly understood. For many in the public, the link has not been made between consumptive lifestyles and environmental quality, be it climate change or harmful emissions. Our oil and gas reserves are a non-renewable asset: how they are liquidated, who absorbs the costs, and who reaps the benefits will have a major impact on how we transition to sustainability. This paper provides an overview of the context for these developments as perceived by West Coast Environmental Law. It is intended as a baseline discussion document to frame our efforts, and inform the efforts of others concerned about these important issues.
  bullet "Integrated Pest Management Act" Falls Short : West Coast Environmental Law's Submissions on the Proposed Integrated Pest Management Act, November 25, 2002 [PDF 125 Kb]
Document Summary: (Click to open in new window) We agree with the authors of the Discussion Paper that there are some significant problems with the current Act and its regulations. We agree with some of the points raised in the Discussion Paper (for example, the recognition of the rights of tenants in a residence in which pesticides are used). However, the Discussion Paper represents a one-sided contribution to the debate, justifying decisions that are already reflected in the draft Legislation, rather than promoting genuine public consideration of the issues behind pesticide management. Before turning to the Legislation itself, it is worth commenting on some of the shortcomings of the Discussion Paper.
  bullet Response to the Waste Management Act Review’s Discussion Paper on Authorization of Waste Discharge, November 2002 [PDF 250 Kb]
Document Summary: (Click to open in new window) On September 21, 2002 the Ministry of Water, Land and Air Protection (WLAP) released the first of three discussion papers that will be released as part of a multi-year review and updating of the Waste Management Act. Discussion Paper #1: Authorization of Waste Discharge goes to the core of how polluters are regulated in BC: it deals with the extent to which the law should prohibit emitting waste into the environment and how exceptions to that prohibition are made. This brief is West Coast Environmental Law Association’s response to the Authorization Discussion Paper.
  bullet Comments on the Interim Report of the Advisory Panel on Contaminated Sites, October 2002 [PDF 105 Kb]
Document Summary: (Click to open in new window) This brief contains the comments of West Coast Environmental Law in regard to the Interim Report of the Advisory Panel on Contaminated Sites, released on September 3, 2002. The panel was appointed by Joyce Murray, Minister of Water, Land and Air Protection on May 14, 2002 to review the contaminated sites provisions in Part 4 of the Waste Management Act and the Contaminated Sites Regulation.
  bullet Polluter Pays and the Public Interest : A Submission to the Minister’s Advisory Panel on Contaminated Sites, July 2002 [PDF 98 Kb]
Document Summary: (Click to open in new window) Recent initiatives indicate that the government intends to shift the delivery of services from the public to the private sector in areas that have traditionally been off limits. In the resource sector, the government has served notice that it intends to radically alter the manner in which all industrial activities are regulated in the province by downsizing the public service even further, and shifting from a prescriptive to a results-based approach. These changes will affect the manner in which standards are established and enforced, and will have an impact on environmental and human health. It is important that in this context, that a unique regime like the Contaminated Sites Regime not be restructured when it is already achieving these goals.
  bullet Moving from Permitting Pollution to Preventing Pollution: What does the Environment Need from a Permit? : The Public Interest Perspective, May 9, 1996
  bullet Comments on Lands And Parks' Draft Policy Dated July 23, 1993 For Development and Application of Waste Discharge Criteria Based on Best Available Control Technology (BACT), 1993
  bullet Preventing Toxic Pollution: Toward a British Columbia Strategy; a Report To the B.C. Hazardous Waste Management Corporation., 1991, $15.00
  bullet Health Risk Assessment from Air Emissions, October 2002 [PDF 60 Kb]
Document Summary: (Click to open in new window) These notes have been prepared by Dr. Bates and published by West Coast Environmental Law in order to avoid repetition of errors in the health risk assessments for large facilities that cause air pollution. Most new projects involve air emissions; these may be from the proposed facility itself (as with natural gas-fired electric generating plants), or from off road and on road heavy diesel emissions, or from combustion of different materials. Such proposals usually arouse considerable anxiety among the local population, and formal ''Health Risk Assessments'' may be required in advance of public hearings about the impact of the work to be undertaken or the building of the facility.
  bullet Contaminated Sites
  bullet Recommendations For The Improvement Of The Enforcement Provisions Of The British Columbia Waste Management Act
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West Coast Pulp Publications (1)
  bullet Comments on British Columbia Pulp Mill And Pulp And Paper Mill Liquid Effluent Control Regulations Draft 10, November 23, 1990
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West Coast Smart Growth Publications (13)
  bullet The Green Infrastructure Guide : Issues, Implementation Strategies, and Success Stories, 2007 PDF 980 Kb
Document Summary: (Click to open in new window) The Green Infrastructure Guide (the Guide) provides guidance on how local governments may, using legal and policy strategies, encourage or require more sustainable infrastructure designs. It refers readers to strategies, and highlights case studies of local governments that have already taken steps to incorporate a green infrastructure approach. The focus is on implementation mechanisms, issues and barriers, and on what lessons have been learned from experiences to date.
  bullet The Green Buildings Guide : Tools for Local Governments to Promote Site Sustainability, 2006, $10.00 [PDF 990 Kb]
Document Summary: (Click to open in new window) This Guide’s purpose is to increase green building uptake in BC, by providing a central resource to the suite of regulatory and policy tools currently available to BC local governments to support and promote green building design and practices. The Guide’s aim is to provide targeted guidance. The Guide is therefore neither a law reform report nor a comprehensive discussion of the many benefits of green buildings. It assumes that the reader is already familiar with the what, is convinced of the merits, and is seeking knowledge on how to move forward at the cutting edge.
  bullet Protecting the Working Landscape of Agriculture : A Smart Growth Direction for Municipalities in British Columbia, November 2005 [PDF 750 Kb]
Document Summary: (Click to open in new window) This report details the range of tools local governments are using to protect the agricultural working landscape, and directs readers to specific examples of local government bylaws and policies. Its purpose is to encourage local governments to adopt effective tools for protecting the working agricultural landscape. This report is part of West Coast Environmental Law’s Smart Bylaws Guide (www.wcel.org/issues/urban/sbg), a web-based resource that provides local governments and citizens with information on strategies local governments can adopt to create more compact, complete communities, and use tax dollars more efficiently.
  bullet Green Infrastructure Supplement for Subdivisions : Report on the Green Infrastructure Consultation Held on May 11, 2004 in Vancouver, 23 June 2004 [PDF 200 Kb]
Document Summary: (Click to open in new window) The Green Infrastructure Partnership (GIP) is a consortium of four organizations that share a vision for developing and implementing a Model Subdivision Bylaw and Green Infrastructure Standards that will present options for land development regulation province-wide. Implementation by local governments will be voluntary, but once the decision is made to embrace green infrastructure, implementation will be by regulation. This will be a multi-step process. The first step will be the creation and dissemination of an optional Green Supplement to the Master Municipal Construction Document Association (MMCD) Design Guidelines.
  bullet Undermining Our Future : Mining's Privileged Access to Land - A Free Entry Backgrounder, January 2004 [PDF 48 Kb]
Document Summary: (Click to open in new window) What is free entry? The free entry system is the dominant means of granting mineral tenures in Canada today. It gives mining companies the exclusive right to Crown-owned mineral substances from the surface of their claim to an unlimited extension downwards.
  bullet A Case for Smart Growth, December 2003 [PDF 325 Kb]
Document Summary: (Click to open in new window) Smart growth is taking off in British Columbia. In recognition of BC’s leadership role, West Coast Environmental Law has developed a Smart Bylaws Guide to assist local governments to implement smart growth strategies through policy and bylaw changes. It describes smart growth practices, and backs up the theory with case studies, technical standards and bylaws that can be tailored to specific municipal circumstances. The Guide brings together the best practices of municipalities across BC, and highlights other innovators in the US and Europe. The entire Guide can be accessed at www.wcel.org/issues/urban/sbg. This Case for Smart Growth is one element of the Guide, and presents credible evidence and the economic rationale for local governments to adopt smart growth strategies.
  bullet Smart Bylaws - Summary, December 2003 [PDF 885 Kb]
Document Summary: (Click to open in new window) Many municipalities and developers in British Columbia are emerging as North American leaders in smart growth practices at the regional and local scale. Residents are demanding more choices in where they live and the quality of neighbourhoods and job opportunities. Bounded by ocean, mountains, rivers and working lands, communities are also being forced to use land more efficiently to stop urban sprawl, revitalize commercial centres, and maintain a working land base. In recognition of this leadership role, West Coast Environmental Law has developed this Smart Bylaws Guide to assist local governments to implement smart growth strategies through policy and bylaw changes. It describes smart growth practices, and backs up the theory with case studies, technical standards and bylaws that can be tailored to specific municipal circumstances. The Guide brings together the best practices of municipalities across BC, and highlights other innovators in the US.
  bullet Do development cost charges encourage smart growth and high performance building design? An evaluation of development cost charge practices in British Columbia, September 2003 [PDF 1.1 Mb]
Document Summary: (Click to open in new window) Local governments in BC use Development Cost Charges (DCCs) levied on new projects to help fund the cost of sewer, water, storm drainage, road and parkland needed to accommodate growth. DCCs are intended to reflect the capital costs that are imposed by new development. This capital burden can vary widely within a community based on factors such as the condition and capacity of existing infrastructure, the location of new development, the type of land use, and the characteristics of development projects. The objective of this report is to determine whether DCC rates favour particular growth patterns and, if so, to suggest practical ways for municipalities to modify their systems to encourage smart growth and encourage high performance (''green'') building design.
  bullet Creating Livable Communities : A Submission to The Minister of Community, Aboriginal and Women’s Affairs on Phase I of The Draft Community Charter, November 2002 [PDF 156 Kb]
Document Summary: (Click to open in new window) The purpose of the Draft Community Charter is to provide more autonomy to, and require accountability from, municipalities. This allows municipalities to craft place-specific solutions that respond to local conditions. While the Draft Community Charter is a positive step in many directions, West Coast Environmental Law has a number of concerns regarding the revocation of municipal powers in the environmental sphere, and a lack of accountability in a number of areas. In summary, West Coast Environmental Law submits the following 19 recommendations to ensure that the Charter better meets the needs of municipalities and the citizens who live, work and play in their communities.
  bullet The Streamside Protection Regulation and Opportunities for Citizen Advocacy, September 2001 [PDF 250 Kb]
Document Summary: (Click to open in new window) In January 2001, the provincial government passed the Streamside Protection Regulation pursuant to section 12 of the Fish Protection Act. It requires local governments to protect streamside protection and enhancement areas (SPEAs) through zoning bylaws, official community plans, development permit areas and other land use planning and regulatory tools by January 2006. The Streamside Protection Regulation is in year one of a five year implementation period. Many of the on-the-ground details of how the regulation will work are being currently developed. In fact, the provincial government is set to release a draft Implementation Guide for Local Governments sometime in October 2001. Stream stewardship advocates can anticipate (and participate to a degree) in mapping and documenting streamside conditions, determining SPEAs for streams threatened by residential, commercial and industrial development, incorporating SPEAs into law, and monitoring and enforcing compliance with SPEAs. Watchdogging and commenting on local government decisions, and expressing support for the regulation to the provincial government are two key ways that citizens can help to implement the SPR.
  bullet The Smart Growth Guide to Local Government Law and Advocacy, March 2001, $20.00 [PDF 760 Kb]
Document Summary: (Click to open in new window) This is a comprehensive reference to the legal aspects of smart growth in BC. The Guide explains the current laws and policies that can help or thwart smart growth, which is using land more efficiently. More compact urban centres can reduce the ecological footprint of citizens living in these areas, with less stress on air, land and water. As rapid growth, uncontained urban development, loss of farmland, and sprawl threaten the well-being of our communities, it’s more important than ever to get it right the first time around.
  bullet Legal Options for Protecting Urban Streams : Workshop Proceedings, June 14, 1996
Document Summary: (Click to open in new window) These proceedings are the summary of a workshop on urban stream protection organized by West Coast Environmental Law. This workshop brought together over seventy participants to discuss what legal tools are available, how they are being used, and what tools are missing to protect urban streams in British Columbia.
  bullet The Smart Bylaws Guide
Document Summary: (Click to open in new window) Many municipalities and developers in British Columbia are emerging as North American leaders in smart growth practices at the regional and local scale. Residents are demanding more choices in where they live and the quality of neighbourhoods and job opportunities. Bounded by ocean, mountains, rivers and working lands, communities are also being forced to use land more efficiently to stop urban sprawl, revitalize commercial centres, and maintain a working land base. In recognition of this leadership role, West Coast Environmental Law has developed this Smart Bylaws Guide to assist local governments to implement smart growth strategies through policy and bylaw changes. It describes smart growth practices, and backs up the theory with case studies, technical standards and bylaws that can be tailored to specific municipal circumstances. The Guide brings together the best practices of municipalities across BC, and highlights other innovators in the US.
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West Coast Toxic Real Estate Publications (5)
  bullet Comments on the Interim Report of the Advisory Panel on Contaminated Sites, October 2002 [PDF 105 Kb]
Document Summary: (Click to open in new window) This brief contains the comments of West Coast Environmental Law in regard to the Interim Report of the Advisory Panel on Contaminated Sites, released on September 3, 2002. The panel was appointed by Joyce Murray, Minister of Water, Land and Air Protection on May 14, 2002 to review the contaminated sites provisions in Part 4 of the Waste Management Act and the Contaminated Sites Regulation.
  bullet Polluter Pays and the Public Interest : A Submission to the Minister’s Advisory Panel on Contaminated Sites, July 2002 [PDF 98 Kb]
Document Summary: (Click to open in new window) Recent initiatives indicate that the government intends to shift the delivery of services from the public to the private sector in areas that have traditionally been off limits. In the resource sector, the government has served notice that it intends to radically alter the manner in which all industrial activities are regulated in the province by downsizing the public service even further, and shifting from a prescriptive to a results-based approach. These changes will affect the manner in which standards are established and enforced, and will have an impact on environmental and human health. It is important that in this context, that a unique regime like the Contaminated Sites Regime not be restructured when it is already achieving these goals.
  bullet Toxic Real Estate in British Columbia: Draft Statute for Discussion, British Columbia Pollution Prevention and Clean-up Act, 1990, $10.00
Document Summary: (Click to open in new window) The complete Toxic Real Estate in British Columbia series can be ordered for $25.
  bullet Toxic Real Estate in British Columbia: Liability, 1990, $10.00
Document Summary: (Click to open in new window) The complete Toxic Real Estate in British Columbia series can be ordered for $25.
  bullet Toxic Real Estate in British Columbia: Identification of Issues, 1989, $10.00
Document Summary: (Click to open in new window) The complete Toxic Real Estate in British Columbia series can be ordered for $25.
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West Coast Trade Publications (16)
  bullet Comments on Export Development Canada’s Environmental Review Directive, March 2002 [PDF 72 Kb]
Document Summary: (Click to open in new window) Overall, we believe that the ERD must be strengthened in order for it to meaningfully reflect the EDC’s commitment to ensuring its activities are conducted in an environmentally responsible manner. Currently, the ERD is replete with phrases and terminology that virtually guarantee that its application is almost completely subjective. Second, we have real concerns about the consultation, or comment process around the ERD. We have been asked to provide comments on a Directive that has already become operative. This offends a fundamental principle of public consultation, which is that opportunities for input are to be made prior to final decision-making.
  bullet Security or Scarcity? : NAFTA, GATT and Canada's Freshwater, November 2001 [PDF 180 Kb]
Document Summary: (Click to open in new window) This paper is divided into five parts. In addition to the introduction, part II provides an overview of trade agreements as they may relate to bulk water export and trade. Part III considers how the federal and provincial governments have responded to concerns about bulk water exports. Part IV will discuss several case studies on the issue, including two relevant BC examples. Finally, part V provides some concluding remarks.
  bullet Bill C-31, An Act to Amend the Export Development Act, October 2001 [PDF 100 Kb]
Document Summary: (Click to open in new window) West Coast Environmental Law Association welcomes Bill C-31, An Act to Amend the Export Development Act as a positive new legal tool with the potential to improve the environmental performance of the Corporation and its clients. This brief focuses on ways to: 1) strengthen the Bill’s sections on the environmental directive to be issued by the Corporation and other ways to improve the EDC’s environmental performance, 2) remedy a key omission from the Bill and include disclosure and public participation obligations as a critical part of the environmental directive, and 3) eliminate a troubling and unnecessary section of the Bill — the creation of the offence of using the Corporation’s name without written permission.
  bullet The Accord to Prohibit Bulk Water Removal - Will it Actually Hold Water?, May 9, 2000
Document Summary: (Click to open in new window) Recent proposals to export Canadian water, and an investor-state suit under NAFTA concerning BC’s water export control measures, have revived Canadian concerns about the loss of public control over this vital resource. In response, the federal government has announced several initiatives including the negotiation of an Accord for the Prohibition of Bulk Water Removal From Drainage Basins (the Accord), and strengthening the Boundary Waters Treaty Act. This paper addresses the first of these initiatives and concludes that the proposed Accord does not represent an adequate response to the problem of bulk water exports in light of Canadian obligations under the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO).
  bullet The World Trade Organization: An Environmental Introduction, May 1999
Document Summary: (Click to open in new window) The following assessment touches on the most important areas where the trade and environment agendas intersect. We begin with an overview of the WTO, and describe how in a general way its agenda impacts environmental law and policy. With this introduction, we continue with the exploration of how trade rules will affect the specific environmental and conservation goals that we are working to achieve. PDF, 68kb
  bullet Opening the floodgates, 1999
Document Summary: (Click to open in new window) Ever since the advent of free trade Canadians have worried that trade rules would one day be used to challenge Canadian efforts to restrict bulk water exports. They needn’t hold their breath any longer because a US based company, Sun Belt Water Inc., has decided to do just that. While a yet to be established ban on such water exports by the federal government would help, the only certain way to head off similar claims is to amend NAFTA to explicitly preclude them.
  bullet A Legal Opinion Concerning Water Export Controls and Canadian Obligations Under NAFTA and the WTO, September 15, 1999 PDF Version (158kb)
Document Summary: (Click to open in new window) Occasional Paper series, Issue 25:01. An abridged version of a legal opinion prepared for the Council of Canadians, which addresses five questions concerning the potential for conflict between Canadian efforts to restrict the export of water, and the commitments Canada has made under NAFTA and the WTO. It also considers the most appropriate course of action for Canada to ensure that our water resources are adequately protected from unconstrained export demands.
  bullet Why is the Federal Government so Reluctant to Protect Canadian Water Resources ? : Water Fact Sheet, September 1999
  bullet Environmental Standards and the Export Development Corporation of Canada, September 1999
Document Summary: (Click to open in new window) The Export Development Corporation of Canada (EDC) is a publicly financed Crown Corporation with a mandate to promote Canadian exports. Though projects supported by the EDC have major environmental impacts, the EDC is not bound by law to conduct environmental impact assessments, or to consider environmental factors in its decision-making process. Other similar agencies, notably those in the U.S., do have legal requirements to follow environmental standards and conduct impact assessments. A voluntary Environmental Review Framework was produced by the EDC in May 1999. It is an important step forward, but could be strengthened. This brief evaluates the Framework and concludes that it does not meet basic criteria for sustainability, such as a categorical list of projects that will not be supported, a comprehensive list of environmental factors to be considered during the review process, disclosure requirements, public participation provisions, and an independent review mechanism. The Review Framework should be strengthened by including these criteria. In addition WCEL advocates requiring the EDC by statute to abide by environmental standards.
  bullet Submissions to the Special Legislative Committee on the Multilateral Agreement on Investment (MAI) Regarding the Constitutionality of the Investment Provisions of NAFTA, March 1999
  bullet Once and future MAI: International investor rights, the environment, and your community, 1998
  bullet Assessment of the Prospective Impacts of the Multilateral Agreement on Investment on Policies, Law and Programs Relating to the Forest and Fisheries Sectors in British Columbia, 1998
  bullet Submissions to the Standing Committee on Environment and Sustainable Development regarding the Investor-State suit provisions of the Multilateral Agreement on Investment (MAI), February 3, 1998 French Version
  bullet Environmental Perspective on the 'Effective Enforcement' Provisions of the North American Agreement on Environmental Cooperation, August 23, 1995
  bullet Clarifying The Water : Canadian Water : Canada's Trade Obligations And B.C. Water Policy, February 24, 1994
  bullet Protecting the Environment In the Context of the NAFTA, March 30, 1993
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West Coast Transportation Publications (1)
  bullet Brief on recommended agreement on transportation governance and funding for Greater Vancouver, January 30, 1998
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West Coast Water Publications (16)
  bullet Local Government and Public Health Hazards, Novermber 2007 [PDF 96 Kb]
Document Summary: (Click to open in new window) With the recent controversy on logging in the Chapman Creek community watershed, and the resulting order by the Sunshine Coast Regional District halting the logging because of concerns that it posed a health hazard, staff at West Coast Environmental Law are increasingly being asked about the powers of local governments under B.C.’s Health Act. The purpose of this paper is to discuss those powers in light of the Act and the developing case law.
  bullet Submissions by West Coast Environmental Law to the International Joint Commission : In regard to the application of the Canadian Columbia Inter-Tribal Fisheries Commission concerning the Grand Coulee Dam, October 2005 [PDF 105 Kb]
Document Summary: (Click to open in new window) This Submission is a response to the International Joint Commission’s (IJC) requests for comments on the application of the Canadian Columbia River Inter-Tribal Fisheries Commission (CCRIFC) to have the IJC enforce the conditions of its Order of Approval for the Grand Coulee Dam and reservoir (the “1941 Order”).
  bullet Groundwater Use in Canada, November 2004 [PDF 600 Kb]
Document Summary: (Click to open in new window) This case study focuses on groundwater use in Canada. It explores patterns of groundwater use across the country and notes some of the significant gaps in the data. Its purpose is to compile the data and information available about groundwater use in Canada, to enable better understanding of groundwater use - who is using it, for what purposes, where, when and with what impacts on the resource.
  bullet Coalbed Methane Produced Water Checklist : Checklist for BC Code of Practice for discharge of produced water from coalbed gas operations, August 2004 [PDF 75 Kb]
Document Summary: (Click to open in new window) This checklist has been prepared in response to an invitation by the BC Government to comment confidentially on the Draft Code of Practice for Discharge of Produced Water from Coalbed Gas Operations. Because West Coast could not be bound by a confidentiality agreement and still work with members of the public to ensure a strong regulatory approach to coalbed methane produced water, we have not seen the Code of Practice, and instead, have framed our comments in the form of a checklist by which the public may evaluate the Code when it is released.
  bullet What BC Needs in Safe Drinking Water Legislation : Proposed Bill 20/2001 - Submission to the Drinking Water Review Panel on the BC Drinking Water Protection Act, December 2001 [PDF 165 Kb]
Document Summary: (Click to open in new window) How well does Bill 20, the Drinking Water Protection Act, together with the existing applicable regulation, the Safe Drinking Water Regulation under the BC Health Act, measure up to these three top priorities? In West Coast’s opinion, while the new law contains many improvements, it needs to be strengthened in relation to source protection, standards and community right to know
  bullet Safer to Drink? : Comments on Proposed BC Drinking Water Protection Plan, February 2001 [PDF 300Kb]
Document Summary: (Click to open in new window) This report provides detailed comments on how the province can improve legal protection for water so that it is safe to drink. The report discusses:1. Essential elements of a right to clean water, 2. The Plan and WCEL’s response to the Plan’s proposals, and 3. Other regulatory changes required for safe drinking water.
  bullet The Streamside Protection Regulation and Opportunities for Citizen Advocacy, September 2001 [PDF 250 Kb]