Whereas local governments in the Province of BC have limited enforcement options, staff resources and cost effective legal tools to deal with the significant number of unlawfully placed docks and buoys on lakes and rivers; And whereas the Province of BC is responsible for the management of Crown lands, including lakes and rivers, for the benefit of the public, and is responsible for the enforcement of provincial regulations pertaining to the placement of structures such as docks on lakes; And whereas the Government of Canada, through Transport Canada, the federal Navigable Waters Protection Act and Canada Shipping Act, is responsible for the regulation and enforcement of mooring buoys on lakes: Therefore be it resolved that the Province of BC be requested to work with UBCM to better address this multijurisdictional dock and buoy issue, by consulting with local governments to align areas of overlapping regulation e.g. zoning and provincial dock permissions, and to increase provincial enforcement resources to deal with illegal docks on lakes; And be it further resolved that the Province of BC and UBCM call on the Government of Canada to increase Transport Canadas resources to more effectively regulate and remove buoys on lakes and rivers in BC that have been illegally placed, are unsafe, or are undocumented or of unknown ownership.
Ministry of Forests, Lands, Natural Resource Operations Rural Development The Ministry of Forests, Lands, Natural Resource Operations and Rural Development is undertaking work on dock enforcement and authorization. The Compliance and Enforcement Branch, in consultation with regional staff, is using a collaborative project approach to identify areas of the highest concern on which to focus. They will also address one-off situations and public complaints, as needed. Government is aware of numerous incidents of alleged non-compliance with the Land Act and the Water Sustainability Act regarding docks, foreshore infilling, fencing and other structures. Many of these incidents are considered high risk from an environmental and safety perspective and do not meet the requirements of the private moorage policy. Compliance and Enforcement staff are also conducting marine patrols and will be pursuing enforcement action on identified illegal works. Priority is given to those structures with the greatest impact on public safety or the environment. As all new freshwater docks require authorization under section 11 of the Water Sustainability Act changes in and about a stream, the Ministrys Natural Resource District office for the Okanagan Region has implemented a process to refer any Water Sustainability Act applications to local government, allowing local governments to respond directly to proponents. This process is being considered by other region and district offices. Local government staff are encouraged to contact the Ministrys land authorization managers or directors to raise their specific concerns, or to find out more about the potential for a Water Sustainability Act authorization referral or notification process.