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sites can be used, and greenhouse gas reduction goals through land use andattached housing forms.3. Create enforcement mechanisms for regional sustainability strategiesRegional districts have no ability to enforce the requirements of the LocalGovernment Act with respect to municipal implementation of the RGS. Forexample, regional districts have no ability to mandate that a municipalitysubmit a regional context statement to it although municipalities have a legalobligation to do so. Likewise, if a municipality takes action not consistentwith a RGS, a regional district’s recourse is to challenge that decision in court.Part 25 of the Local Government Act needs to have explicit enforcementmechanisms and a non-litigious dispute resolution process.Deborah Curran is the Hakai Professor in Environmental Law andSustainability in the University of Victoria Faculty of Law.For more information, see:Sustainability in the Capital Regional District: Sustainable Systemsand their Implementation through the Regional Sustainability Strategy.Environmental Law Centre and Dogwood Initiative. (2011) http://www.elc.uvic.ca/publications/documents/RSS_white-paper.pdfGreen Bylaws Toolkit: for Conserving Sensitive Ecosystems and GreenInfrastructure. Environmental Law Clinic and Deborah Curran for theWetland Stewardship Partnership, Ducks Unlimited Canada, GrasslandsConservation Council of British Columbia, Environment Canada and theProvince of British Columbia. (2007) www.greenbylaws.ca86Maintaining SuperNatural BC: Selected Law Reform Proposals
18. Protecting Natural Areas in ourCommunitiesBy Calvin Sandborn“Our options are expiring. As far as open space isconcerned, the land that is still to be saved will have tobe saved within the next few years. We have no luxury ofchoice. We must make our commitments now and look tothis landscape as the last one. For us it will be.- William Whyte, The Last LandscapeIn the 1990s, British Columbia led the world in wilderness preservation. Itdoubled the park system by setting aside millions of hectares, mostly in remoteareas. Today’s major challenge is to bring that kind of effort closer to home.Maintaining SuperNatural BC: Selected Law Reform Proposals 87
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2Maintaining SuperNatural BC: Selec
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MAINTAINING SUPERNATURAL BC FOR OUR
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ContentsA. Planning and Environment
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Note that many of the articles refl
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A. Planning and EnvironmentalAssess
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• Destroy an important cultural a
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For more information, see:Environme
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will result from the interaction of
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3. Land Use Planning for Nature,Cli
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The cumulative effects of human act
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Implement and sustain monitoring pr
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B. Regulating IndustriesMaintaining
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the vast majority of the province,
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capability, fisheries sensitive wat
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∘∘∘∘Nations’ land claims,
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Limiting Mining Minister’s Discre
Page 35 and 36: • Since 1998, Ministry of Environ
Page 37 and 38: 7. OIL AND GAS: Reforming Oil andGa
Page 39 and 40: drilled as close as 100 metres to a
Page 41 and 42: Oil and gas companies can drill on
Page 43 and 44: 8. OIL AND GAS: It’s Time to Regu
Page 45 and 46: found in one of BC’s main fields,
Page 47 and 48: files/publications/Oil%20and%20Gas%
Page 49 and 50: - from strengthening corporate timb
Page 51 and 52: New mechanisms for local self-deter
Page 53 and 54: C. Protecting Wildlife & WaterMaint
Page 55 and 56: wintering ground or stopover. Unlik
Page 57 and 58: On The Edge: British Columbia’s U
Page 59 and 60: Given that all water systems (both
Page 61 and 62: water as a public resource that the
Page 63 and 64: 12. Protecting Fish in British Colu
Page 65 and 66: This gutting of fish protection law
Page 67 and 68: 13. Privatizing Salmon Protection:T
Page 69 and 70: uilt on roughly one-third of the pr
Page 71 and 72: This policy lurch makes it even mor
Page 73 and 74: Planning must involve robust public
Page 75 and 76: has led to such an increase in cost
Page 77 and 78: For more information, see:Reforming
Page 79 and 80: fail to co-ordinate regulatory effo
Page 81 and 82: • Powers to enter into agreements
Page 83 and 84: D. The Urban EnvironmentMaintaining
Page 85: coordinating land use, transportati
Page 89 and 90: stewardship isn’t just a matter o
Page 91 and 92: of less than 20 cents on the dollar
Page 93 and 94: of-way. The resulting greenways net
Page 95 and 96: 20. Reinventing RainwaterManagement
Page 97 and 98: LID effort in North America - a com
Page 99 and 100: E. PollutionMaintaining SuperNatura
Page 101 and 102: pumped oil into a Saanich basement
Page 103 and 104: 22. Reforming Contaminated SitesLaw
Page 105 and 106: of Compliance (COC) approvals. The
Page 107 and 108: F. Climate Change andEnergyMaintain
Page 109 and 110: Meanwhile, Environment Canada’s s
Page 111 and 112: 24. In Defence of the Carbon TaxBy
Page 113 and 114: over. BC’s carbon tax is still no
Page 115 and 116: generations of BC ratepayers and ta
Page 117 and 118: William Andrews is a BC lawyer who
Page 119 and 120: happen when people heat their homes
Page 121 and 122: G. Ensuring Justice forNatureMainta
Page 123 and 124: • In 2003, the public’s right t
Page 125 and 126: Regulation Improvement Coalition an
Page 127: to provide the courts with the best
Page 130 and 131: perhaps the people can. By putting
Page 132 and 133: Chris Tollefson (D. Gilliland and J
Page 134 and 135: British Columbians must have the ri
Page 136 and 137:
for both present and future generat
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that SLAPPs have a range of negativ
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Anti-SLAPP Advisory Panel: Report t
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An Environment Commissioner would p
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144 Maintaining SuperNatural BC: Se
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33. Reliance on QualifiedProfession
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Does this new approach have an adeq
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34. Reforming Freedom ofInformation
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ecords in relation to such a ‘pro
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Information and Privacy Commissione
Page 156 and 157:
Gord McAdams was a “whistleblower
Page 158 and 159:
could result. The legislation shoul
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