Union of BC Municipalities endorse policies protecting the environment

Each year UBCM member local governments submit resolutions on province-wide issues. Resolutions endorsed by the membership are then conveyed to other orders of government as appropriate. The resolutions listed below demonstrate local government support for protecting our environment and caring for the long-term health and well-being of BC communities.

Resolution B91Development of a Nature & climate Conservation Strategy

WHEREAS the Province-led Biodiversity BC has declared that without immediate action, BC’s globally significant biodiversity and the ecological services on which we all depend, are vulnerable to rapid deterioration due to the challenges posed by expanding human settlement and development, especially in light of climate change; AND WHEREAS the 179 local governments to date that have signed-on to the BC Climate Action Charter, recognize both the urgent need to implement effective measures to reduce GHG emissions and anticipate and prepare for climate change impacts, and that protecting the environment can be done in ways that promote economic prosperity, e.g., forest conservation carbon credits: THEREFORE BE IT RESOLVED that UBCM recommend that the Province of British Columbia develop a science-based nature and climate conservation strategy. a science-based nature and climate conservation strategy, that would concurrently accomplish:

• allowing more species to survive and adapt to a changing climate;
• protecting the natural carbon stores in our primary and intact forests and other ecosystems;
• protecting water and other vital ecosystem services that support both human well-being and a conservation-based economy; and
• supporting sustainable natural resource management that is based on prioritizing the needs of the ecosystems.

The Resolutions Committee notes that the UBCM membership has endorsed several resolutions calling on the Province to enact a Species and Ecosystem Protection Act (2010-B35, 2008-B87). The Province is also currently developing a framework for enhancing the protection of species at risk on local government and private lands in BC. The paper includes recommendations on how the provincial government can work in partnership with local governments to achieve shared goals.

B41 ENDANGERED SPECIES & ECOSYSTEMS PROTECTION ACT

WHEREAS the rich biodiversity of British Columbia, which is of critical importance to maintaining ecosystem integrity and human well-being, is in danger from the more than 1,900 species that are at risk of extinction or extirpation in British Columbia; AND WHEREAS there is little legislation in British Columbia to protect the vast majorities of species and ecosystems that are at risk of extinction:

THEREFORE BE IT RESOLVED that UBCM petition the Province to enact an effective Species & Ecosystem Protection Act to protect British Columbia’s biodiversity.

The Resolutions Committee notes that the UBCM membership has endorsed several resolutions calling on the Province to enact a Species and Ecosystem Protection Act (2010-B35, 2008-B87). The Province is also currently developing a framework for enhancing the protection of species at risk on local government and private lands in BC. The paper includes recommendations on how the provincial government can work in partnership with local governments to achieve shared goals.

B45 ENFORCEMENT OF DEVELOPMENT PERMITS

WHEREAS development permit violations are seen as being against the Local Government Act and not local government bylaws; AND WHEREAS local governments do not have the authority to penalize property owners through ticketing or prosecution in provincial court for these development permit violations: THEREFORE BE IT RESOLVED that UBCM lobby the provincial government to make changes to the Local Government Act to permit local governments to issue tickets and initiate prosecution through municipal ticketing processes to enforce the prohibitions in s. 920(1) and the requirement s. 928 that land be developed strictly in accordance with the permit.

The Resolutions Committee notes that the UBCM membership endorsed resolution 2003-B89, which requested that legislative changes be made to the Local Government Act to provide local governments the ability to levy fines and/or other enforcement tools, for use when development permit requirements associated with environmental protection have been violated.

Local governments can require security for the performance of conditions respecting landscaping; the correction of unsafe conditions resulting from the contravention of a permit condition; and the prevention of damage to the natural environment resulting from such a contravention once a development permit has been negotiated. The Local Government Act authorizes the local government, in those circumstances, to undertake works, construct other activities to resolve the problem and apply the security to the costs. However, the sponsor indicates that a penalty clause, including a fine, included in the development permit agreement would be preferable to follow up such cases, especially where there is uncertainty as to whether the security would cover the specific infraction. As well the sponsor has noted that going to court is extremely expensive and can often take years before any action can be taken. Moreover, in the event that works are undertaken on a property where a development permit is required but has not been obtained prior to work, local government has little recourse other than bylaw enforcement. This resolution is seeking more useful tools of enforcement for development permit contraventions such as fines or municipal ticketing.

B90 NATURAL AREA TAX EXEMPTION PROGRAM

WHEREAS the Islands Trust currently offers a Natural Area Protection Tax Exemption Program which provides property tax relief of up to 65% for owners who wish to enter into a conservation covenant to protect important natural features of their property; AND WHEREAS regional districts may wish to support and encourage property owners to preserve natural areas for the benefit of future generations: THEREFORE BE IT RESOLVED that the Ministry of Community, Sport & Cultural Development be requested to grant local governments the legislative authority to implement natural area protection tax exemption programs.

Endorse with Proposed Amendment: THEREFORE BE IT RESOLVED that the Ministry of Community, Sport & Cultural Development be requestedto grant local governments the authority to implement natural area protection tax exemption programs.

B20 Off Road Vehicle (ORV) Licensing & Safety

WHEREAS the provincial government planned to introduce legislation in late 2010 to provide for ORV licensing and safety features; AND WHEREAS such legislation would greatly enhance back-country activities in rural British Columbia: THEREFORE BE IT RESOLVED that UBCM urge the Province of British Columbia to enact ATV licensing legislation as soon as possible in 2011.

The Resolutions Committee notes that the UBCM membership has consistently endorsed resolutions requesting that the Province enact legislation and regulations with respect to off-road and all-terrain vehicles (2002-B9, 1999LR4, 1996-B16, 1993-B36). In November 2009, the Province announced and is in the process of developing a new framework for managing ORV and ATVs. UBCM is presently represented on a Joint Advisory Group and a local government working group has also been established to provide feedback and comment to the Ministry on specific local government interests as the new framework is developed. When the Province made the announcement about the new ORV regulatory framework, the Minister responsible indicated that it would take approximately two years before the new management framework would be implemented.