The United Nations has designated June 5 as World Environment Day to encourage worldwide environmental awareness and action. The Office of the Ombudsperson’s recent investigation of an environmental protection program draws public attention to an environmental issue important to all British Columbians: the protection of fish habitat.
This spring, we released our systemic investigation report Striking a Balance: The Challenges of Using a Professional Reliance Model in Environmental Protection – British Columbia’s Riparian Areas Regulation. This report focused on the provincial government’s on-going administration of a piece of environmental protection legislation known as the Riparian Areas Regulation (RAR). Its conclusions reflect the challenges for government in striking an appropriate balance between competing public interests such as development and environmental protection. We made 21 findings and 25 recommendations to the provincial government and it has accepted and committed to implementing all but one recommendation.
The lands surrounding certain rivers, lakes and streams are called riparian areas. By moderating water temperature, protecting banks from erosion and providing nutrients to streams, they are essential to maintaining vital fish habitat. The RAR was enacted in 2005 to protect riparian areas in urbanized parts of B.C. from the harmful effects of residential, commercial and industrial development. It requires proponents of a development to obtain a report from a Qualified Environmental Professional that identifies the riparian area that must be protected from development.
Our investigation highlighted the complexities of administering a program that relies on professionals hired by proponents of a development. Even with a dedicated but small oversight staff in the responsible ministry, gaps in public information, training and reporting developed. We recommended that government take steps to improve its oversight.
Our investigation also drew attention to the need for clear, accessible public information and reporting and complaints process. Public information about environmental protection programs helps develop confidence that government is meeting its obligations as a steward of the environment and our province’s natural resources. An effective complaints process makes the government aware of problems and the need to resolve them. The government has accepted our recommendations to improve both its public information and its complaint processes under the RAR.
Environmental awareness is nothing new to British Columbians, who not only care deeply about our natural environment but also expect government to enact effective measures to protect it. Striking a Balance highlights gaps in how an important environmental protection program was operating and recommends changes. The province now has to seize this opportunity to implement the changes it has accepted. We’ll be watching the results, and I encourage all British Columbians to do the same.
Kim Carter
Ombudsperson, Province of British Columbia
