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Relevant Acts, Codes & Regulations - Canada & British Columbia

Custom and Excise  •  Environment  •  Farm Practices Protection  •  Feed  •   Fertilizers
  Food & Drug   •   Forest   •   Game Farms   •   Health   •   Land   •  Local Government 
Pest & Plant Protection   •   Transport  •  Waste  •  Water  •  Wildlife


Waste

British Columbia Environmental Management Act (formerly the Waste Management Act)
This Act empowers MOE to control pollution within BC. Waste is defined to include “air contaminants, litter, effluent, refuse, biomedical waste, hazardous wastes” and any other substance designated by Cabinet. Pollution is defined in the Act as “the presence in the environment of substances or contaminants that substantially alter or impair the usefulness of the environment.”

Under this Act the following Regulations are pertinent to Ag operations.

British Columbia Agriculture Waste Control Regulation
This Regulation (also under the Public Health Act) applies to ‘agricultural operations’. Within this Regulation, the Code of Agricultural Practice for Waste Management describes agricultural practices for using, storing and managing agricultural waste in a manner that is environmentally sound.

Producers who operate in compliance with this Code do not have to hold an Approval, Permit or Operational Certificate under the Environmental Management Act to discharge ‘agricultural wastes’ into the environment (i.e. it offers exemption of Sections 6(2) and 6(3) of the Act). Compliance with the Code under the Agricultural Waste Control Regulation does not exempt a producer from any other part of the Act. Handling agricultural wastes in a manner not outlined in the Code requires an Approval, Permit or Operational Certificate under the Act.

British Columbia Antisapstain Chemical Waste Control Regulation
This Regulation prohibits the use of woodwaste contaminated by substances, such as antisapstain chemicals, preservatives etc. from being used as mulch or for burning in residential fireplaces or stoves or for fuel for wood-fired boilers, etc.

British Columbia Code of Practice for Soil Amendments
This Code of Practice regulates the use of industrial wastes or by-products such as lime, ash and biosolids as soil amendments. The code provides requirements for maximum concentrations of heavy metals and other contaminants. A land application plan is required if more than 5 m3 of soil amendments, regulated under the Code of Practice, are to be applied to a site in a year. If soil amendments are to be applied to land within the Agricultural Land Reserve, notice must be given to the Provincial Agricultural Land Commission 30 days prior to discharge.

British Columbia Contaminated Site Regulation
This Regulation allows for the identification, evaluation of remediation options, including off-site mitigation of contaminated groundwater, and monitoring of the remediation process of contaminated sites. It covers agriculture only when contaminated materials are brought onto the site or contaminants identified under the regulation leave the site or there is a land use change away from agriculture.

British Columbia Hazardous Waste Regulation
This Regulation (renamed from Special Waste) applies to the management of waste oil, waste pesticides, waste pesticide containers and contaminated soils. Pesticide containers that are rinsed according to the Hazardous Waste Regulation are not considered hazardous wastes. This regulation does not apply to a quantity of hazardous waste which is less than 5 kilograms or 5 litres and which is accumulated or produced in a period of less than 30 days.

British Columbia Municipal Sewage Regulation
This Regulation spells out the rules for treating municipal sewage, reusing highly treated sewage effluent and disposing of effluent that cannot be reused. Codes of practice for reclaimed water use in agriculture are outlined.

British Columbia Mushroom Composting Pollution Prevention Regulation
This Regulation requires that air contaminants from a mushroom composting facility must not be discharged in a manner that causes pollution. Conditions must be met regarding pollution prevention planning, facility design and operation, and reporting.

British Columbia Open Burning Smoke Control Regulation and Code of Practice
There are specific standards and exemptions under the Open Burning Smoke Control Regulation and Code of Practice for various materials burned on the farm. A waste discharge approval or permit for burns is not required under this Act for:
. agricultural burning of leaves, crops, weeds, foliage or stubble
. residential (i.e., backyard) burning of leaves, foliage, weeds, crops or stubble
. burns that satisfy all the terms and conditions set out in the Open Burning Smoke Control Regulation and the Open Burning Smoke Control Code of Practice
. burns conducted to comply with the Weed Control Act

British Columbia Organic Matter Recycling Regulation
This Regulation (also under the Public Health Act) deals with the production of compost and subsequent land application of recyclable organic matter derived from many non-agricultural (municipal) sources (i.e., sewage biosolids, yard waste and food waste). It is intended to encourage composting and beneficial use of selected organic matter. The regulation contains quality criteria for metals, pathogens and vector attraction reduction. It also covers aspects of land application plans for managed organic matter. It does not apply to agricultural waste composting operations that operate in accordance with the Agricultural Waste Control Regulation. Schedule 12 of the Regulation, lists suitable organic material for composting under provisions of the Regulation and provides some definition of the source and constituents of those organic materials.

Class A Compost: Section 12 of the Regulation specifies the requirements for Class A compost. Compost that is produced solely from yard waste or untreated and unprocessed wood residuals must meet pathogen reduction process and vector attraction reduction requirements and quality criteria (trace elements). Compost that contains any of the other permitted organic materials (Schedule 12) must additionally meet pathogen reduction limits and must meet sampling and record keeping requirements as outlined in Schedules 5 and 6 of the OMRR. If the compost meets these requirements, it is considered Class A compost and it can be distributed freely without volume restriction.

To be designated as Class A compost, fecal coliforms must be measured at less than 1000 MPN per gram of total solids (dry weight basis). If compost is made from yard waste alone, determination of fecal coliform levels is not required. Class A compost must also meet the quality criteria as outlined in Schedule 4, column 1.

British Columbia Ozone Depleting Substances and Other Halocarbons Regulation
This Regulation regulates the servicing of refrigeration equipment and disposal of refrigerant gases.

British Columbia Spill Reporting Regulation
This Regulation requires reporting of spills:
Section 2(1): A person who had possession, charge or control of a substance immediately before its spill shall immediately report the spill to the Provincial Emergency Program (PEP) by telephoning 1-800-663-3456 as provided in section 12(5) of the Act or, where it is not practical to report to PEP within a reasonable time, to the local police or nearest detachment of the Royal Canadian Mounted Police.

2(2) Where it appears to a person observing a spill that a report under subsection (1) has not been made, he or she shall make the report referred to in this section.

2(3) A report under this section shall include, to the extent practical,
(a) the reporting person's name and telephone number,
(b) the name and telephone number of the person who caused the spill,
(c) the location and time of the spill,
(d) the type and quantity of the substance spilled,
(e) the cause and effect of the spill,
(f) details of action taken or proposed to comply with Section 3,
(g) a description of the spill location and of the area surrounding the spill,
(h) the details of further action contemplated or required,
(i) the names of agencies on the scene, and
(j) the names of other persons or agencies advised concerning the spill.

Section 3: Where a spill occurs, the person who immediately before the spill had possession, charge or control of the spilled substance shall take all reasonable and practical action, having due regard for the safety of the public and of himself or herself, to stop, contain and minimize the effects of the spill.

The Regulation requires reporting any spill of pesticide greater than five kilograms or five litres, fertilizer (including manure) greater than 50 kilograms or 50 litres and petroleum products greater than 100 litres, and any polluting substance greater than 200 kilograms (such as manure or mortalities). Check the regulation for other specific substances and reportable quantities.
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British Columbia Waste Discharge Regulation. This Regulation regulates various industries and their waste discharges into the environment. It exempts industries who discharge wastes in accordance with applicable codes of practice from Section 6(2) and (3) of the Environmental Management Act (as the Agricultural Waste Control Regulation does for agriculture with the Code of Agricultural Practice for Waste Management).

British Columbia BCMAFF Field Storage of Solid Agricultural Waste Fact Sheet
There are two distinct field storages described in the BC Agriculture Waste Management Code - a short-term storage of two weeks or less and a long-term storage of up to nine months.

Canada Canada Plan Service - Environment/Waste Management Index to buildings and equipment designed for waste management.


Water

British Columbia Water Act
Under this Act, using surface water requires a licence and working in and around streams requires approval from Land and Water BC Inc. A stream is defined as any natural watercourse or source of supply, whether usually containing water or not. Streams include groundwater and any lake, river, spring, swamp, creek or ravine. Although at the present time a water licence is not required to use groundwater, groundwater legislation may be forthcoming.

Work “In and About a Stream” under the Provincial Water Act - Any work ‘in and about a stream’ requires approval from provincial and federal agencies. A detailed publication from the Ministry of Environment, “Standards and Best Practices for Instream Works” 2.67 MB PDF),

British Columbia Water Protection Act
This Act will not affect most producers. Administered by MOE, the Act:

  • confirms the ownership of surface water and groundwater in the Province
  • maintains existing bulk water removal rights
  • prohibits bulk removal of water to outside BC
  • prohibits large-scale diversion of water between the major watersheds of BC
  • British Columbia Drinking Water Protection Act
    This Act and Regulation have requirements regarding the protection of drinking water quality and regulates domestic water systems (those serving more than one single-family residence).

    British Columbia Drainage, Ditch and Dyke Act
    Administered by MOE, this Act establishes a system for the regulation and authorization of ditches, watercourses, drainages, and dykes in BC. For support documentation on this topic refer to BCMAFF's Agricultural Watercourse Maintenance Policy


    Water Guidelines (federal and provincial)

    Canada Summary of Guidelines for Canadian Drinking Water Quality
    The Guidelines for Canadian Drinking Water Quality are published by Health Canada. The April 2003 version supersedes all previous versions, including that contained in the published booklet and is being revised.

    British Columbia Treating Irrigation & Crop Wash Water for Pathogens ('03 pdf)
    Many irrigation and crop wash water supplies are from agricultural drainage ditches. While ditches are often prone to poor water quality, all surface water sources may contain pathogens. Due to the extensive diversity of microorganisms found in the aquatic environment it is expensive to identify all species for monitoring purposes. Therefore an indicator organism or surrogate organism that is easily detectable is often used to identify fecal contamination.

    British Columbia Water ('01)
    This report is part of a series establishing water quality criteria for British Columbia. It sets criteria for microbiological indicators, which are bacteria indicating the risk of disease from pathogenic bacteria.


    Environment

    British Columbia Carbon Tax Act
    The Carbon Tax Act establishes a carbon tax in BC. Carbon tax is a broad based tax that applies to the purchase or use of fuels, such as gasoline, diesel, natural gas, heating oil, propane and coal, and the use of combustibles, such as peat and tires, when used to produce heat or energy. Carbon tax applies to fuels at different rates depending on their anticipated carbon emissions, and the tax rates are scheduled to change on July 1, 2011 and 2012. Farmers are required to pay carbon tax on fuel purchased or used for farming operations.

    British Columbia Environment and Land Use Act
    This Act establishes the Environment and Land Use Committee which recommends programs to increase environmental awareness, ensures that the natural environment is considered in land-use and resource development decisions, etc. The Minister of Environment traditionally chairs the committee. Orders may be made respecting the environment or land use that may override other Acts and regulations. It is administered by MOE.

    Canada Canadian Environmental Assessment Act
    Environment Canada administers this Act. It applies only to federal lands, works and undertakings, lands subject to the Indian Act, as well as lands in respect of which Indians have interests.

    Canada Canadian Environmental Protection Act
    Environment Canada with Health Canada administers this Act. It applies to all lands in Canada and concerns toxic substances, hazardous materials, new substances, export and import of substances, fuels, international air pollution, ocean disposal, etc.

    British Columbia Greenhouse Gas Reduction (Cap and Trade) Act
    The Act provides the legislative authority to implement a cap-and-trade system for GHGs which includes the establishment of reporting and compliance requirements. It also provides authority for regulations to establish criteria for projects that qualify as GHG offsets in a regulated offset system. Single sites which emit 10,000 tonnes or more of CO2 per year have to report their emissions, and those which emit 25,000 tonnes or greater will be regulated. There is currently only one agricultural facility in BC which emits over 25,000 tonnes per year and a few that emit more than 10,000 tonnes which are required to report their emissions.

    British Columbia Greenhouse Gas Reduction Targets Act
    The Act commits British Columbia to reductions of GHG emissions (of 2007 levels) by at least 33% by 2020. By 2050 it commits British Columbia to reductions (of 2007 levels) by at least 80%. Although emissions reductions for agriculture are not regulated, if agricultural emissions are not reduced while the rest of society does, the perceived impact of agriculture’s contribution to climate change will increase. Under the Act, public sector organizations are required to be carbon neutral by 2010. Through the Climate Action Charter (separate from the Act), a large number of Local Governments have agreed to become carbon neutral and can develop municipal Climate Plans to mitigate emissions. Through this process Local Governments may encourage reduction of agricultural GHG emissions in the municipality.

    British Columbia Emission Offsets Regulation
    The Regulation sets out the requirements for greenhouse gas reductions and removals from projects or actions that qualify as emission offsets for the purpose of fulfilling the provincial government’s commitments to be carbon neutral by 2010.


    Customs and Excise

    Canada Customs & Excise
    This Act may restrict the movement of plant material to prevent the spread of insects and diseases. Some endangered species plants may require a permit for export. This act is relevant to producers growing a crop. National Revenue administers this Act.


    Farm Practices Protection

    British Columbia Farm Practices in BC - Reference Guide
    This guide is composed of a series of factsheets on normal Farm Practices.

    British Columbia Farm Practices Protection (Right to Farm) Act
    Administered by AGRI, this Act provides that farmers on agricultural land are not liable to legal actions resulting from nuisance complaints regarding farming activities when they meet certain conditions. The Act defines a normal farm practice as an activity gthat is conducted by a farm business in a manner consistent with proper and accepted customs and standards as established and followed by similar farm businesses under similar circumstances:

    Section 2: protects a farmer from liability in lawsuits alleging nuisance for odour, noise, dust or other disturbance resulting from a farm operation if:

    1. the farmer uses normal farm practices
    2. the operation is conducted in the ALR, land zoned for farm use, or, in the case of fish farming, has a valid license under the provincial Fisheries Act
    3. there is no contravention of other listed legislation, such as the Environmental Management Act, the Agricultural Waste Control Regulation and Code of Agricultural Practice for Waste Management and land use regulations (e.g. a zoning bylaw)

    In addition, the Act establishes a Farm Industry Review Board to receive complaints regarding odour, noise, dust or other disturbances resulting from farm operations. The Farm Practices Board will hear complaints and determine whether the complaint issue results from a normal farm practice.


    Feed

    Canada Feeds Act
    This Act controls and regulates the sale of animal feeds. The manufacture, sale or importation into Canada of any feed must be registered, packaged and labelled to prescribed standards. Agriculture and Agri-Food Canada administers this Act.


    Fertilizer

    Canada Fertilizers Act
    This Act covers agricultural fertilizers. Fertilizers or supplements may only be sold in or imported into Canada if they have been registered, packaged and labelled to prescribed standards. Agriculture and Agri-Food Canada administers this Act.


    Food and Drugs

    Canada Voluntary Labelling and Advertising of Foods That Are and Are Not Products of Genetic Engineering
    Tn recognition of heightened interest regarding foods that are and are not products of genetic engineering, countries and international bodies have examined approaches for identifying such foods through labelling, to assist consumers in making informed food choices.

    Canada Food and Drugs Act
    The Food Directorate of the Health Protection Branch, Health Canada, decides the type and form of food products that can be sold in Canada. It is also responsible for determining the safety of potential residues of agricultural chemicals in food and assessing dietary exposure of the public to agricultural chemicals.

    Canada Fresh Fruit and Vegetable Regulations - These apply in respect of all produce that is marketed in import or interprovincial trade, supplied fresh to the consumer or for food processing. Many items are exempt and are identified in subsection (2) of 2.1 (1) of this regulation.

    Canada Consumer Packaging and Labelling Regulations - An Act respecting the packaging, labelling, sale, importation and advertising of prepackaged and certain other products. Exemptions from all provisions of the act are in section 3.

    British Columbia Agricultural Produce Grading Act

    British Columbia Food Safety Act including Meat Inspection Regulation


    Forest

    British Columbia Forest and Range Practices Act
    This Act regulates all forest practices (which include grazing on Crown lands). To replace the Forest Practices Code of British Columbia Act.

    British Columbia Forest Practices Code of British Columbia Act
    This Act regulates all forest practices (which include grazing on Crown lands). The Act is superseded by the Forest and Range Practices Act.

    British Columbia Wildfire Act
    As of March 31, 2005, this Act regulates open fires within 1 km of forest land or grass land. It is administered by the Ministry of Forests, Mines and Lands.
    Section 2: requires reporting a forest land or grass land fire
    Section 3: prohibits dropping, releasing or mishandling a burning substance, or any other thing that the person reasonably ought to know is likely to cause a fire
    Section 4: states Section 5 & 6 do not apply to the City of Vancouver or a municipality or a local government having an open fire bylaw
    Section 5 & 6: regulates non-industrial and industrial open fires

    British Columbia Wildfire Regulation. This Regulation applies to all open fires within 1 km of forest land or grass land.
    Sections 4 . 12: outline fire prevention requirements
    Sections 13 . 17: outline fire control requirements
    Sections 18 . 24: outline permissible open fires (category 1, 2, 3 and resource management fires)
    - a burn registration number is required for category 3 fires . call toll free 1-888-797-1717
    Schedule 1: outlines three Danger Regions of BC
    Schedule 2: defines five different Fire Danger Classes using a matrix of Buildup Index and Fire Weather Index.
    Schedule 3: provides restrictions on High Risk Activities as required in Section 6(3)
    Category 1 Open Fire. Camp fires and piles under 1 m in height and diameter
    Category 2 Open Fire. For open fires that are:
    - no more than 2 piles that are less than 2 m in height and 3 m in width
    - or burns of stubble or grass over an area not exceeding 0.2 ha
    Category 3 Fires. For open fires that are:
    - burning material in 3 or more piles not exceeding 2 m in height and 3 m in width
    - or for 1 or more piles exceeding 2 m in height and 3 m in width
    - or for one or more windrows, or for burning stubble over an area exceeding 0.2 ha

    British Columbia Zero Net Deforestation Act
    The Zero Net Deforestation Act was enacted in 2010 and commits British Columbia to achieving no net deforestation in the province by 2015. Deforestation, under the Act, is defined as “the permanent loss of the human-induced removal of trees from an area of forest land to such an extent that the area is no longer forest land.” The Act aims to mitigate greenhouse gas emissions associated with deforestation.


    Game Farms

    British Columbia Game Farm Act
    Administered by AGRI, this Act licences and regulates game farms.
    Section 6: states Section 76 of the Wildlife Act does not apply to game that escapes from a farm being operated by a person who holds a valid licence (but the Game Farm Regulation limits this by requiring capture within 30 days and other conditions, such as genetic integrity of wildlife)


    Health

    British Columbia Public Health Act
    Administered by the Ministry of Health Services, this Act includes regulations on farm practices that may result in a health hazard. A health hazard may occur when nutrients, contaminants or pathogens are discharged to land, water or air to pose a public health problem. Spills of potentially harmful substances must be reported to the Local Health Authority. Under this Act, the Local Health Authority must investigate any health hazard and has authority to order the hazard to be eliminated.

    British Columbia Food Premises Regulation. This Regulation applies to any place where food intended for public consumption is sold, offered for sale, handled, prepared, packaged, processed, stored, etc. Food premises must be connected to a source of potable water and be connected to a waste disposal system, among other requirements.
    Section 4: contains food premises requirements
    Section 14: contains food processing requirements
    Public Health Act Transitional Regulation. Section 18 regulates to setback distances for wells. Section 18: requires a separation distance from wells to be at least
    - 7 m from any dwelling house (grandfathered)
    - 30.5 m from any probable source of contamination (many farm activities and wastes)
    - 122 m from any cemetery or dumping ground unless, owing to the physical conformation, contamination of the well is impossible

    British Columbia Sewerage System Regulation. This Regulation applies to domestic sewage disposal systems.
    - Section 2: states Regulation applies to a holding tank, single family residence or duplex, with a daily flow of less than 22,700 litres
    - Section 3: requires domestic sewage be discharged into a public sewer, a holding tank or a sewerage system so as not to cause, or contribute to, a health hazard
    - Section 3.1 requires separations distances from wells (as outlined in the .. Sewerage System Standard Practice Manual) to be at least:
    - 15 m from a holding tank
    - 30 m from a sewerage system
    - Sections 4 and 5: regulate holding tanks
    - Sections 6 to 10: regulate sewerage systems
    - only an authorized person can construct and maintain systems (having taken training)
    - applies to new systems, or existing ones under going significant alteration or repair
    - the owner is responsible to have maintenance done and to keep records


    Land

    British Columbia Agricultural Land Commission Act
    This Act administered by the Provincial Agricultural Land Commission, requires agricultural land within an Agricultural Land Reserve not be used for non-farm use unless permitted by the Act or its regulations.

    British Columbia Land Act
    This Act administers and regulates Crown land disposition, grant and trespass.


    Local Government

    British Columbia Local Government Act
    This Act provides the legislative framework for the establishment, function and operation of local governments. It provides for the authority for local government to establish rules and regulations and for the provision of services to the local community. Several sections may apply to the environment.


    Pest & Plant Protection

    British Columbia Integrated Pest Management Act (formerly the Pesticide Control Act)
    Administered by MOE, this Act regulates the sale, containment, transportation, storage, preparation, mixing, application and the disposal of pesticides and their containers. Many pertinent sections, critical information to know is that there are fiive Pesticide classes under the IPM Act are:
    - Permit-restricted: these pesticides are listed by name in the regulation; they are the most strictly controlled, requiring a permit for purchase or application
    - Restricted: these pesticides have the Restricted product class specified on their label; a pesticide applicator certificate is required for their purchase or use
    - Commercial: these pesticides have the Commercial product class specified on their label
    - Domestic: these pesticides have the Domestic product class specified on their label; they are intended for use by non-professionals in or around private homes and gardens
    - Excluded: these pesticides are listed by name or type of use in the regulation; their use or sale does not require a licence, certificate, permit or confirmation; they are assigned to this class because the Administrator considers that excluding them from requirements for a licence, permit or confirmation will not increase the risk of unreasonable adverse effects.

    British Columbia Plant Protection Act
    Administered by AGRI, this Act is the provincial counterpart to the federal Plant Protection Act that focuses on plant protection issues affecting Canada. It provides for the prevention of the spread of pests destructive to plants in BC. Inspectors have powers to enforce the provisions of the Act, including the authority to establish quarantine areas. To assist in the enforcement of the Act, the BC Plant Protection Advisory Council advises and co-ordinates the actions of provincial and federal officials to deal with potential hazards to BC agriculture and forestry from insects, plant diseases, weeds or other biotic agents. The Council's power comes from the mandates of the agencies whose members sit on committees struck to deal with plant protection issues in specific commodity sectors.

    Canada Plant Protection Act
    The purpose of this Act is to protect plant life and the agriculture and forestry industries by preventing the importation, exportation, and spread of injurious pests. Agriculture and Agri-Food Canada administers this Act.

    British Columbia Weed Control Act
    This Act places the responsibility for the control of noxious weeds on the occupiers of the land. It provides for the appointment of inspectors to ensure compliance and, failing that, for a method by which they can control weeds and recovers the costs for doing so from the occupier.


    Transportation

    British Columbia Highway Act
    Under this Act, it is an offence to place or leave any material on public roads. This includes any noxious or filthy substances such as manure, water flows, which damage public roadways and fires. The RCMP or local police enforce this Act.

    British Columbia Motor Vehicle Act
    Administered by Ministry of Transportation and Infrastructure, this Act makes deposition or dumping of “noisome, nauseous or offensive matter” (e.g. the carcass of a dead animal, offal, ashes, refuse) on a highway or right-of-way an offence. As of October 1, 2010, in accordance with the Motor Vehicle Act, heavy diesel vehicle emission control devices must be installed on all BC registered commercial diesel vehicles of model years 1989-1993 with a Licenced Gross Vehicle Weight (LGVW) of more than 8,200 kg. Farm vehicles with a LGVW under 17,300 kg are exempt from these retrofit requirements.

    British Columbia Transportation of Dangerous Goods Act
    Administered by Ministry of Attorney General, this Act establishes requirements to provide for the safe transport of goods deemed to be dangerous. Regulations specify substances and establish classes of dangerous goods.


    Wildlife

    British Columbia Fisheries Act
    The Fisheries Act provides for licensing and regulatory control of activities associated with commercial fisheries and aquaculture operations, this Act deals with licensing of fisheries, processors and safe fish passage:
    Section 28: requires fish protection devices for any dam or other hydraulic work
    - this may include fish ways, screens, etc.

    Canada Fisheries Act
    While the federal government cannot license or regulate the use of land and water under provincial jurisdiction, the Department of Fisheries and Oceans (DFO) and Environment Canada jointly administer the federal responsibility for marine and anadromous fish in marine and freshwater environments.

    British Columbia Fish Protection Act
    The Fish Protection Act enables the protection of fish and fish habitats. The four main objectives of the Act are to ensure sufficient water for fish, enable fish habitat to be protected and restored, improve riparian habitat protection and enhancement, and give local governments greater powers for environmental planning. The Fish Protection Act provides legislative authority for water managers to consider impacts on fish and fish habitat before approving new licenses, amendments to licenses or issuing approvals for work in or near streams. Only parts of the FPA have been brought into force, they are:
    Section 4: prohibits new dam construction on specified major rivers
    Sections 6 & 7: allow sensitive streams designation and recovery plans, Such streams will have restrictions requiring the consideration of fish flow requirements placed on new water licenses or approvals, or amendments to existing, until the stream has recovered
    Section 9: In the case of drought, for the purposes of protecting the fish population, the minister may make temporary orders regulating the diversion, rate of diversion, time of diversion, storage, time of storage and us of water from the stream by holders of licences or approvals in relation to the stream.
    Section 12: requires municipal bylaws, where directed, regarding the protection and enhancement of riparian areas that may be subject to residential, commercial or industrial development
    - the requirements do not apply to "agricultural" activities, they do apply to new residential, commercial, or industrial development or ancillary activities on land zoned for agricultural purposes. Guidelines for agricultural activities are in the Environmental Farm Plan series publications.

    Canada Riparian Areas Regulation
    This Regulation, under the Fish Protection Act establishes directives to protect riparian areas from development and to facilitate cooperation between DFO and the Union of BC Municipalities. It applies to the exercise of local government powers under the Local Government Act. The Regulation provides required riparian assessment methods by Qualified Environmental Professionals as a condition of approval for new residential, commercial, or industrial activities.

    Canada Sensitive Stream Designation and Licensing Regulation. This Regulation (also under the Fish Protection Act) applies to licences and approvals on sensitive streams, and lists streams designated – 15 streams to date, on eastern Vancouver Island, lower Coast, and lower Fraser Valley.

    Canada Migratory Birds Convention Act
    Under this Act, the federal government is responsible for implementing a Convention between Canada and the U.S. for the protection of migratory birds and nests. The Canadian Wildlife Service of Environment Canada administers regulations.

    Canada Species At Risk Act
    The purpose of this Act is to prevent Canadian indigenous species of wildlife from becoming extirpated or extinct, to provide for the recovery of endangered or threatened species and to encourage the management of other species to prevent them from becoming at risk.

    Canada Canada Wildlife Act
    Administered by the Canadian Wildlife Service, this Act makes provision for Environment Canada to work by itself or in cooperation with others to acquire lands for the research, conservation and interpretation of migratory birds. Wildlife areas established under this Act are called National Wildlife Areas.

    British Columbia Wildlife Act
    Administered by MOE, this Act protects wildlife designated under the Act from direct harm, except as allowed by regulation (e.g., hunting or trapping), or under permit. Legal designation as Endangered or Threatened under the Act increases the penalties for harming a species. The Act also enables the protection of habitat in a Critical Wildlife Management Area.
    Section 4: allows designation of wildlife management areas
    Section 7: makes it an offence to alter, destroy or damage wildlife habitat within a wildlife management area
    Section 9: makes it an offence to disturb, molest or destroy a muskrat or beaver house, den or dam unless you are a licensed trapper or have lawful authority to protect property or maintain irrigation or drainage facilities
    Section 33.1: makes it an offence to feed dangerous wildlife (bear, cougar, coyote or wolf) unless as approved hunting or trapping
    Section 34: makes it an offence to possess, take injure, molest or destroy the nest of an eagle, peregrine falcon, osprey, heron or burrowing owl or the nest of any bird not mentioned above when the nest is occupied by the bird or its egg
    Section 39: makes it an offence to hunt or trap on cultivated land or on a Crown land grazing lease while occupied by livestock without the lessee or owners consent
    Section 89: gives an officer powers of entry on proof of identification
    This Act has been amended by the Fish Protection Act to have wildlife include aquatic plants. Aquatic invertebrates or plants can be considered as endangered or threatened.

    ENVIRONMENTAL FARM PLANNING INFORMATION

    ELSEWHERE ON THIS SITE:
    Compost
    Pertinent Federal (Canadian) & Provincial (BC) Regulations
    Organic Dairy Farming in Canada
    Farm Equipment
    Marketing Your Product
    Organic Prices (fruit and vegetables)
    Small Scale Food Processing
    Pest Management
    Soil (Canada, USA) and Water (BC, Alberta) Testing Labs & Services

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