Legal Options For Protecting Urban Streams WORKSHOP PROCEEDINGS West Coast Environmental Law Research Foundation Workshop SFU Harbour Centre, Vancouver, Friday, June 14, 1996 Proceedings compiled by Linda Nowlan Barrister & Solicitor West Coast Environmental Law Introduction These proceedings are the summary of a workshop on urban stream protection organized by West Coast Environmental Law Research Foundation. 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. The workshop was made possible with generous funding from the federal government's Action 21 Program, the BC government's Urban Streams Habitat Program and the Vancouver Foundation. The workshop was organized by Linda Nowlan, staff counsel with West Coast Environmental Law. Assistance was ably provided by Bill Andrews, Kristan Boudreau, Emma Child, Jessica Clogg, Ann Hillyer, Patricia Houlihan, Catherine Ludgate, Alexandra Melnyk, and Michael Rodgers. Thanks also to Christopher Heald for turning the proceedings into this publication. Special thanks to the Urban Streams Advisory Committee: Rod Bell-Irving of the Department of Fisheries and Oceans, Geoff Chislett of the Ministry of Environment, Erik Karlsen of the Ministry of Municipal Affairs, Martin Keeley of BC Wetnet/Fraser for Life, David Lane of the T Buck Suzuki Foundation, and David Loukidelis of Lidstone,Young, Anderson (who also serves on the Board of West Coast Environmental Law). And thanks to the workshop speakers: Emma Child, Ann Hillyer, Erik Karlsen, Mel Kotyk, David Lane, Otto Langer, Linda Nowlan, Richard Paisley, Craig Orr, and Toby Vigod. The workshop was facilitated by Julia Gardner and Julian Griggs of Dovetail Consulting. These proceedings are organized by the timetable for the workshop. After the list of participants, and the agenda, we present here the background paper for the workshop that was written by Linda Nowlan, and circulated to participants in advance of the workshop. On the day of the workshop, in the morning, presentations were made by individuals on different aspects of urban stream protection. The agenda describes each of the speakers. Where available, those speaker's notes have been transcribed in these proceedings. Other materials that were presented, such as overheads and diagrams, are also included. Following the speakers' presentations, we include a summary recorded and transcribed by Jessica Clogg. The record of the wrap-up session was recorded by Kristan Boudreau. In the afternoon session, participants broke up into small groups to discuss specific topics raised in the morning sessions. Point form summaries of those discussions are also included with these proceedings. A brief conclusion ends the workshop proceedings. Table of Contents Participants Workshop Goals Agenda Legal Options For Protecting Urban Streams: Workshop Background Paper, Linda Nowlan, West Coast Environmental Law Threats to urban streams Continuing federal urban stream work Recent provincial initiatives Partners for Protection of Aquatic and Riparian Resources (PPARR) Jurisdiction Federal Provincial Municipal Interjurisdictional Legal options to protect urban streams Federal legal tools Fisheries Act Limitations of the Fisheries Act Provincial legal tools Fish Protection Act Waste Management Act Water Act Wildlife Act Municipal legal tools Municipal Act Land Development Guidelines for Protection of Aquatic Habitat Bylaws Private Land Protection Land Title Act and Conservation Covenants Missing legal tools Provincial Riparian Protection Standards River Act Nonpoint Pollution Control Wetland Protection Policy Endangered Species Act Conclusion and Questions for Workshop Participants Threats to Urban Streams and Community Activism, David Lane, T. Buck Suzuki Foundation Summary Discussion The Fisheries Act — Powers to Protect Urban Streams, Otto Langer, DFO Speaking Notes Introduction The problem Overheads Summary Provincial Legal Tools — Fish Protection Act Toby Vigod, Ministry of Environment Lands and Parks Speaking Notes Summary Discussion Municipal Act — Powers to Protect Urban Streams, Erik Karlsen, Ministry of Municipal Affairs Speaking Notes Overheads Summary Using Municipal Bylaws for Stream Protection, Mel Kotyk, District of North Vancouver Summary Discussion Excerpts from the District of North Vancouver Environmental Protection and Preservation Bylaw Using Conservation Covenants to Protect Privately Owned Land and Urban Stream Habitat, Ann Hillyer, West Coast Environmental Law Speaking Notes Overheads Summary Urban Streams in Other Jurisdictions, Richard Paisley, UBC Summary Discussion Morning discussion What appear to be the main problems and gaps in the set of legal tools available for the protection of urban streams? Other Themes for the Afternoon Case Studies, Craig Orr, Steelhead Society Speaking Notes Saving Your Own Backyard: Steelhead Society of BC Paper (12.95.1) Sierra Legal Defence Fund — Notice of Press Conference — June,96 Water Releases at the Cheakamus Power Plant: A Review of Licenced Diversion Operations — Summary Summary Case Studies, Emma Child, Land for Nature Initiative Summary Discussion Small Group Discussions Working Together Participants Points raised in Discussion Other ideas on working together from Discussion: "Who needs to do what to improve legal tools for the protection of urban streams?" Memorandum of Understanding Municipal Act Participants Points raised in Discussion Other ideas about the Municipal Act from Discussion: "Who needs to do what to improve legal tools for the protection of urban streams?" Provincial Water Act Participants Points raised in Discussion Other ideas about the provincial Water Act from Discussion: "Who needs to do what to improve legal tools for the protection of urban streams?" Public Involvement Participants Points raised in Discussion Other ideas about public involvement from Discussion: "Who needs to do what to improve legal tools for the protection of urban streams?" Private Land Conservation Participants Points raised in Discussion Other ideas about private land conservation from Discussion: "Who needs to do what to improve legal tools for the protection of urban streams?" Conclusion Legal Options For Protecting Urban Streams West Coast Environmental Law Research Foundation Workshop SFU Harbour Centre, Vancouver, Friday, June 14, 1996 Participants