BILL M226 – 2023
NO NET LOSS OF WETLAND ACT

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act,

"minister" means the minister responsible for the Climate Change Accountability Act;

"wetland" has the same meaning as in the Water Sustainability Act;

"wetland functions" means the natural processes that take place in a wetland and the benefits and values derived from the wetland, including those relating to

(a) fish and wildlife habitat, organic carbon storage, water supply and purification, and soil and water conservation; and

(b) tourism, heritage, recreation, education, scientific research, aesthetics and economic opportunity.

Purpose

2 (1) The purpose of this Act is to provide for the conservation of wetland functions in British Columbia in order to prevent a net loss of those functions and to sustain their socioeconomic and habitat value.

(2) The minister must develop a partnership framework among ministries, other governmental organizations and non-governmental organizations with the objective of realizing the purpose referred to in subsection (1).

No net loss of wetland function

3 If there is a government program or infrastructure project, or the granting of a tenure by the government to a non-governmental entity, that has an impact on a wetland located wholly or partially in British Columbia, the government must ensure that the program, project or tenure does not result in a net loss of the wetland functions of that wetland.

Mitigation of diminished wetland function

4 In order to meet any applicable requirements set out in section 3, the government is responsible for conserving, enhancing, restoring or creating any wetland functions that have been diminished as a result of any program, project or tenure referred to in that section.

Review

5 (1) The minister must conduct a review to determine if it would be in the public interest to establish a task force for the purpose of

(a) facilitating cooperation among municipal, provincial and federal governments in order to realize the purpose set out in section 2 (1),

(b) overseeing cross-ministry coordination to monitor the implementation of a no net loss of wetland function policy in all relevant provincial legislation, and

(c) partnering with Ducks Unlimited Canada and other non-governmental organizations to maximize the advantages to be gained from accessing the expertise and resources of those organizations in order to realize the purpose set out in section 2 (1).

(2) Within 12 months after the coming into force of this Act, the minister must make a statement in the Legislative Assembly reporting on the review referred to in subsection (1) and indicating whether the government has established, or has plans to establish, the task force referred to in subsection (1).

Commencement

6 This Act comes into force on the date of Royal Assent.

Explanatory Note

This Bill imposes an obligation on the government to ensure that any government programs or infrastructure projects, or tenures granted by the government to a non-government entity, do not result in a net loss of the wetland functions of any wetland affected by the program, project or tenure.