Chapter 10. Environmental Stewardship
10.4 Environmental Management in BC
Environmental impacts in BC are managed by a variety of governmental organizations and should always be in consultation with and by the consent of First Nations people and governments. Each of these agencies at First Nations, provincial and federal government levels have a role to play, from regulation of land access and resource extraction to environmental monitoring and cleanup. To understand how the impacts are managed, let’s review the basic categories of land use in BC.
Land Use
There are essentially four broad land categories in BC: First Nations land, private land, provincial Crown land, and federal Crown land.
First Nations land includes any area where “Aboriginal title” has been established and responsibilities for management lie with the relevant First Nations group. Large areas of designated Crown land in BC are considered by First Nations groups as traditional, and these are currently going through the treaty negotiation process, which will likely result in a larger proportion of the BC land area coming under First Nations management.
In 1997, the Supreme Court of Canada ruled in the Delgamuukw case that Aboriginal title is “a right to the land itself—not just the right to hunt, fish and gather.” This case confirmed that “Aboriginal title still exists in BC and that when dealing with Crown land the government must consult with and may have to compensate First Nations whose rights are affected” (BC Treaty Commission, 2020).
Private land in BC is any land where private property rights apply. This includes residential, commercial, and agricultural zoned land throughout the province. If private property rights apply, the owner has more rights over that land for development and use than any other classification of land. Tourism companies wishing to operate on private property need to gain ownership of the land, or failing that, permission to operate on the land. Private property accounts for approximately 5% of the land mass in BC (Government of BC, 2011).
The term Crown land applies to any land that is owned by either the provincial or federal government. Provincial Crown land makes up 94% of BC, making it the largest category of land in the province. Provincial Crown land is available for a wide range of activities that encourage recreation and economic development, including tourism (Government of BC, 2011).
Designated park areas are managed by BC Parks, the agency that reviews and issues permits for tourism companies to operate within a park. Other provincial Crown land is managed by a variety of government agencies, such as the Ministry of Forests, Lands, and Natural Resource Operations (MFLNR).
Federal Crown land is all land that is owned by the Government of Canada; in BC, less than 1% of the overall land is federal Crown land. It primarily consists of parks and protected areas that are managed by Parks Canada, the federal agency that has a mandate to preserve