WHEREAS on February 9, 2009, the Supreme Court ruled that the federal governmentnot the provincesshould regulate fish farms, prompting both orders of government to negotiate an Aquaculture Agreement that was reached on December 10, 2010; AND WHEREAS neither the provincial nor federal government sought to consult with UBCM about how the Aquaculture Agreement would impact local governments, specifically those communities that have bylaws including zoning in place with respect to where and how fish farms operate: THEREFORE BE IT RESOLVED that UBCM request that the provincial and federal governments recognize the authorities and responsibilities of local governments with respect to aquaculture and immediately consult with them about the impact and implications of the new Aquaculture Agreement; AND BE IT FURTHER RESOLVED that the provincial and federal governments recognize and respect local government bylaws including zoning in the siting, approval and operation of fish and shellfish farms.
Ministry of Agriculture In February 2009, the BC Supreme Court ruled that finfish aquaculture is a fishery, the regulation of which is a federal responsibility. The BC Supreme Court ruling did not change the Provincial and therefore local governments authority to issue land tenures for aquaculture under the Land Act. Accordingly, local governments retain the ability to zone and establish bylaws with respect to where aquaculture operations are appropriately located, as long as they do not impinge on the Federal fisheries jurisdiction over aquaculture fishery operations. The Canada-British Columbia Agreement on Aquaculture Management was drafted to set out the responsibilities of both governments and provide certainty regarding the manner in which the two governments will collaborate and facilitate effective coordination. The process the Federal Government follows in making licensing decisions is the purview of Fisheries and Oceans Canada. The Province recognizes the importance of local governments role and shares the Union of British Columbia Municipalities interest in ensuring the best results for local governments and communities with an interest in aquaculture. The Province will continue to send to local governments aquaculture tenure applications through the Ministry of Forests, Lands and Natural Resource Operations and liaise with local government on specific files.
Fisheries Oceans Canada You express concern that there has not been sufficient consultation with UBCM on the new federal aquaculture regulations. The Department takes stakeholder consultation seriously. DFO Met recently with the sub-committee of the Association of Vancouver Island Coastal Communities to discuss the change from provincial to federal authority for aquaculture and some of the potential impacts at the municipal level. At that time, the Department committed to further meetings as required. Regarding local government bylaws, I assure you that DFO recognizes the rights of local governments to create bylaws that may impact the location of aquaculture sites. However, the Department will continue to exercise its authority under the Fisheries Act to manage the aspects of aquaculture related to fisheries.