WHEREAS the provincial government is in the process of rewriting the Water Act to ensure more protection for our shrinking clean finite water sources, and various provincial authorizations under the Environmental Management Act and the Water Act are being used to authorize, and are proposed to be used, to authorize the conversion of fish bearing lakes, streams and rivers and any other fish habitat into toxic tailings ponds for mines; AND WHEREAS Schedule 2 lakes are contrary to many of the more protective standards that are being discussed under the new Water Smart standards for the Water Act: THEREFORE BE IT RESOLVED that the UBCM petition the provincial government to discontinue the permitting of any Schedule 2 lake designations in the province of BC.
Ministry of Environment Ministry of Natural Resource Operations Schedule 2 is a provision in the Metal Mining Effluent Regulation MMER of the Federal Fisheries Act that allows for a natural water body to be classified as a Tailings Impoundment Area TIA. Proposed TIAs that impact on fish and fish habitat must undergo a Canadian Environmental Assessment Act CEAA review and require approval by the Federal Cabinet. In British Columbia, projects proposing a TIA and requiring review under the BC Environmental Assessment Act EAA must be granted an environmental assessment certificate from the Minister of Environment. This is a prerequisite for any further permitsauthorizations than may be required under the Environmental Management Act or the Water Act. Where a proposed project requires an environmental assessment EA decision by both the Federal and Provincial governments, both governments must approve the proposed project. The EA decision is reached independently by both levels of government and the EA decision rendered by one level of government does not fetter the decision making authority of the other level of government. The proposed new Water Act provides an opportunity to improve aquatic health protection and the alignment and coordination with other federal, provincial, and local laws.