Dispute Between Interest Groups And Industry Essay Example

biodiversity observed in wetland environments.

The most basic description of wetlands only allows for a general identification of wetlands, without classifying them by type or by the systems they are a part of (Nowlan and Jeffries, 1996). However, Nowlan and Jeffries (1996) group wetlands into five categories based on their parent systems: Marine, non-estuary saltwater wetlands; Estuarine, wetlands around the mouth of a river; Lacustrine, wetlands connected to lakes; Riverine, wetlands connected to rivers; Palustrine, marshy wetlands. This classification method is most effective from a policy perspective as it allows for wetlands to be classified distinctly. On the other hand, Zoltai, in Wetlands of Canada (1988), provides over sixty specific descriptions for different types of wetlands in Canada. However, this approach has drawbacks as the traits of wetlands can change seasonally and within small geographic areas. Coastal wetlands of the Pacific are considered ecologically significant for biodiversity as they provide a year-round habitat for fish and wildlife (Nowlan and Jeffries, 1996). Wetlands have been undervalued in the development of society and are often seen as barren wastelands with no value to humans, leading to their misuse as dumping grounds (Schiller and Flanagan, 1997).

Wetlands are often seen as worthless and hindrances to urban development due to their lack of immediate monetary value, stemming from a pioneering mindset. However, the truth is that wetlands play a crucial role in providing clean water for all living beings. They also assist in extracting water for use by cities and towns (Schiller and Flanagan, 1997). Furthermore, wetlands possess the natural ability to decompose and retain harmful substances present in waste products like solid wastes and industrial effluents containing heavy

metals. This filtration process serves to safeguard human populations and other ecosystems from potential harm.

Wetlands are essential in preventing the destruction of civilizations in flood-prone areas. Acting as a sponge, wetlands have the ability to soak up excessive water and slowly release it into the water table, effectively averting any adverse consequences caused by heavy precipitation or spring thawing. This natural process is a cost-effective alternative to the costly and labor-intensive method of using dykes and levies. By managing wetlands efficiently and in a harmonized way, they can not only provide natural resources such as fish, timber, and fur, but also generate revenue and employment opportunities within the local economy. Moreover, preserving wetlands near densely populated regions offers opportunities for outdoor activities that may not otherwise be accessible, contributing to the social value of these areas. This further encourages the ongoing movement towards conserving wilderness areas, specifically wetlands (Schiller and Flanagan, 1997).

Preserving wetlands benefits the public and the ecosystem by creating a resource that benefits everyone and everything around it. By demonstrating that wetlands provide a greater net benefit to a community compared to developed land, it becomes easier to convince people that they are worth preserving. This helps perpetuate the belief that wetlands are vital to all forms of life.

In 1996, the Canadian government introduced the Federal Policy on Wetland Conservation, which requested industry and land developers to follow. However, this policy was simply a way for the government to satisfy both industry and interest groups without actually committing to propose legislation on the issue (Nowlan and Jeffries, 1996).

The government's policy aims to have the private sector adopt a goal of no net

loss of wetland habitat, similar to the no net loss of fish habitat mandated by the Federal Fisheries Act. While the policy recommendations are not legally enforceable, they can be considered as evidence alongside relevant sections of a Federal Act related to wetlands, serving as proof of insufficient due diligence. This enhances the effectiveness of the policy compared to if it were the only policy tool. The policy represents a small victory for interest groups advocating for wetland protection legislation. However, additional efforts are necessary for the Federal government to fully commit to enacting such legislation (Nowlan and Jeffries, 1996).

The Federal Fisheries Act is legislation aimed at preserving fish habitat to maintain the revenue generated by the fishing industry. However, it does not specifically protect wetlands, leaving many wetlands unprotected. Despite this, the Act is considered the most effective policy tool for wetland protection due to its strong legal background and the involvement of various entities in its enforcement. Sections 35 and 36 of the Act outline actions that are considered harmful to fish habitat, with section 37 addressing investigations and prosecutions related to violations. Section 35 broadly prohibits any modifications to fish habitat.

The Department of Fisheries and Oceans (DFO) has the authority to approve projects that may harm habitat based on the no net loss principle. This means that if one habitat is damaged, new habitat must be created elsewhere as compensation. Section 36 specifically addresses industry's environmental effects, prohibiting the discharge or deposit of toxic substances into areas where fish live for all or part of the year. These violations are commonly prosecuted under this section. Both sections have a wide scope and

can apply to various situations. Section 37 outlines how the legislation is enforced, granting the Minister control over investigations and proceedings for any breaches. Additionally, section 37 allows DFO to request plans and specifications of projects suspected of violating sections 35 or 36 for further investigation.

Various government agencies, including the Ministry of the Environment, Ministry of Forests, DFO (Department of Fisheries and Oceans), Environment Canada, the Coast Guard, and Transport Canada are responsible for investigating potential violations of environmental laws. These agencies have the authority to initiate investigations. If they find evidence of a violation, legal action can be taken by the Crown. However, individuals or groups also have the ability to file charges under this Act. In such cases, it is up to the Province to decide whether they will handle or dismiss the case.

When determining whether to pursue charges under this act or other legislation, two factors considered by the Province are: likelihood of obtaining a conviction and public interest. Section 41 of the Act gives power to the Attorney General to request an injunction that would stop ongoing work if a violation is found on a project. This measure aims at preventing further harm while legal proceedings take place. Despite being an effective tool in protecting wetlands, there are both positive and negative aspects associated with the Fisheries Act.

The primary limitation of this legislation is that it solely applies to wetlands considered fish habitat, excluding protection for most bogs, swamps, or fens. Furthermore, the prosecution process has flaws as it necessitates the Crown proving a lack of due diligence in order to charge a party. Similar to many other legislations, this Act

is reactive rather than proactive, meaning no action can be taken until a violation occurs and by then the damage has already been done (Nowlan and Jeffries, 1996). The Canadian Environmental Assessment Act (CEAA) is implemented for land development projects involving federal departments or agencies providing funding, land, or regulatory duties (Nowlan and Jeffries, 1996). Nevertheless, Crown corporations are not bound by this Act and instead adhere to their own internal regulations for assessments.

When an assessment for a project is needed, the Act provides four levels of intensity depending on the scale and location. These levels are carried out by the Responsible Authority. The minimalistic approach, known as Screening, involves documenting the project's environmental effects and making suggestions based on these observations. This approach offers an economical overview of impacts and serves as a basis for further assessment.

Class Screening is applicable to a group of actions that may take place in multiple areas or at different times. It allows for archiving the findings to minimize duplication among agencies handling similar projects and actions.

In cases where there is a significant environmental threat, a Comprehensive Study is conducted. This type of assessment is required for projects like hydroelectric dams and pulp mills, which have a specific provision under the Act mandating a Comprehensive Study. It involves an in-depth analysis and is usually necessary for prosecuting violations of the Act (Nowlan and Jeffries, 1996).

An independent entity conducts a Mediation or Panel Review in politically sensitive cases to provide a comprehensive assessment that presents clear evidence of the current and future impacts. The Ministers of the Environment or the Responsible Authority can request this assessment to alleviate political pressure

on the Government, which benefits them. Section 10 of the Act specifies that funding allocation for development projects by First Nations groups requires completion of an environmental impact assessment. The CEAA establishes formal legislation outlining when and where such assessments must be carried out. However, one provision in the Act raises concerns about its validity as it grants the Minister of the Responsible Authority sole discretion to determine whether a public hearing should be held to address public concerns regarding an issue. Consequently, if there is minimal public concern, even significant project impacts may result in a minimal assessment being performed. It is evident that multiple Acts and Laws pertain to wetland conservation.

The Canadian Wildlife Act permits land managers to establish and manage National Wildlife Areas, which are crucial for preserving habitat for endangered species. The Migratory Birds Convention Act allows for the creation of bird sanctuaries with international support, thereby protecting wetlands that serve as vital habitats for migratory birds. The Water Act is the provincial legislation that governs the use of freshwater bodies. It regulates activities related to water, including those involving water withdrawal for export or other purposes.

The Water Management Branch enforces regulations for natural watercourses, diversion, storage, and freshwater usage. To comply with these regulations, licenses, permits, and approvals must be obtained. Section 7 of the Act establishes guidelines on water quality, habitat preservation, and compliance with conditions specified by Ministry of Environment or Department of Fisheries and Oceans Officers. Violations can result in penalties up to $200,000 per day or imprisonment for a maximum period of 12 months. The impact of the Wildlife Act on wetland conservation is limited unless

endangered species that are designated are affected. However, there are provisions within the Act that can potentially help implement effective policies.

Section 3 of the Act grants the Ministry of Environment, Lands and Parks (MELP) the authority to acquire and manage land as reserves or through agreements with interest groups. MELP provides guidance for administering the land. Additionally, this section empowers the Minister to designate lands as Wildlife Management Areas, primarily for protecting migratory birds. However, this protection only applies to birds and does not include plants, invertebrates, or fish. Without an endangered species act in place, this provision may appear ineffective.

Sections 6 and 7 introduce another conservation measure by using terms like "may" when referring to the designation of endangered species. Currently, only four species are legally recognized as endangered in B.C., making the Act almost useless unless determined so by the Minister's discretion. Surprisingly, despite its limited use for habitat protection (Nowlan and Jeffries, 1996), habitat loss—the main cause of species decline—is not effectively addressed by this act.

The Waste Management Act serves as British Columbia's primary law for controlling pollution and it prohibits waste disposal without a permit in non-designated areas.

The Act clearly outlines numerous offences and penalties in section 34, making prosecution under the Act easier. Littering is automatically penalized under section 6 and can be enforced by any Responsible Authority. Section 7 contains an automatic offence for discharging waste from a recreational vehicle. These automatic offences target one-time point source pollution like dumping and illegal black water discharge. Sections 22 and 23 allow a Manager to determine if a substance is causing pollution and can order the parties involved to reduce

or abate the pollution. This is an effective means of stopping harmful actions when a competent Manager is present. However, section 26 allows any party involved to propose an appeal against a decision made by a Manager.

The Act effectively prevents wetlands pollution by requiring the reporting of any spill or release of harmful substances. The Provincial Environmental Assessment Act, passed in 1995, is more recent and streamlined compared to the Federal government's version. It applies to provincial projects and offers advantages that the CEAA lacks. It emphasizes public input and maintains a registry of completed assessments. Public input is sought during various stages, including receiving project applications, preparing project reports, filing reports, preparing draft terms of reference for a public hearing, and during the public hearing itself (Nowlan and Jeffries, 1996). These opportunities allow the assessing agency to assess public interest in a specific issue, which then determines the need for prosecution and remediation if an environmental threat is detected.

The Act's project registry offers a comprehensive list of projects currently under review, along with an index of all the records and important documents and decisions related to each project. This registry functions similarly to the CEAA's class screening, but is more extensive as it allows past cases to serve as evidence in prosecutions for lack of due diligence. While wetlands are not explicitly mentioned in the Act, they are implicitly included as the Act applies to any environmentally hazardous project, making it crucial legislation in wetland cases. Additionally, the British Columbia Forest Practices Code dominates the majority of space in B.C.

The Forest Practices Code is crucial for protecting wetlands on forested Crown land. By imposing

regulations on the space allowances around wetlands, the Code ensures a reasonable level of protection for all wetlands within its jurisdiction. The width of these allowances varies based on the sensitivity classification of each wetland. The Riparian Management Area guidebook outlines the objectives of the Code specifically related to riparian areas. These objectives aim to minimize or prevent negative impacts on aquatic ecosystems caused by forest practices and preserve high-value wetland wildlife habitats. The Code is enforceable and is often used in prosecutions, although its enforcement tends to be reactive rather than proactive. Additionally, the Land Act plays a role in conserving wetlands by regulating the distribution of Crown land, especially if a responsible Minister is in office.

Careful distribution of lands to environmentally responsible groups can help prevent damaging environmental effects. The Park Act is the most beneficial Provincial legislation for protecting wetlands. By designating an area as a provincial park, development is stopped and any actions on that land are strictly regulated, effectively preventing intentional habitat loss (though accidents cannot be predicted). Municipalities have the authority to address wetland loss through the Municipal Act. They can create bylaws and zoning regulations on a case-by-case basis. Section 945 of the Act allows local government to create a community plan that designates areas for wetland conservation.

This paragraph discusses the implications and regulations regarding the conservation of local wetlands. The municipality has the authority to establish buffer zones around delicate wetlands and create bylaws related to activities such as tree cutting, flood prevention, drainage, and soil removal. Additionally, section 963 permits the implementation of zoning to control land usage and potentially relocate population densities away from vulnerable

areas. It is crucial for agencies considering prosecution to evaluate the positive and negative aspects of the various policies and acts at the federal, provincial, and municipal levels. The Federal Policy on Wetland Conservation is deemed inadequate in terms of providing robust legislation for wetlands. However, existing sections within federal acts pertaining to wetlands collectively offer the most substantial foundation for pursuing legal action.

The provincial legislation is effective in protecting Crown land that is not situated near an urban area. Municipalities, under the Municipal Act, have the ability to create zoning in sensitive areas to prevent development, making their provisions the most effective in conserving wetlands. However, Municipal bylaws lack the legal force needed to effectively regulate large corporations. Currently, the most successful methods of preserving wetlands are designating them as provincial parks under the Park Act or granting private ownership to interest groups through land allocation or purchase.

It is clear from analyzing the various policy tools used to control wetland damage that a federal legislation is needed. Enacting a comprehensive federal law specifically for wetlands would eliminate the ambiguity in the current system, which depends on multiple Acts for prosecution. Furthermore, a centralized registry could be established relatively quickly to serve as precedent in future court cases. Overall, it is evident that there is a pressing need for a comprehensive wetland conservation Act to ensure the preservation of these areas for future generations.