The Wildlife Act: Managing For Sustainability In The 21st Century - Discussion Paper
The Wildlife Act is the foundation for managing British Columbia’s wildlife[1] resources. In recent years, there has been growing recognition of the need to review and update the Act to ensure that it enables the most effective handling of wildlife management concerns and is responsive to evolving environmental and social issues.
Wildlife is a resource managed by the government in the public interest. The Ministry of Environment[2] has primary legislative responsibility for managing the use of wildlife resources. In carrying out this mandate, the Ministry strives to accommodate the uses, requirements and demands for wildlife in B.C. by both recreational and commercial users within a framework of conservation and sustainability.
B.C. legislation dealing with wildlife issues can be traced back to 1859. Although the Wildlife Act has been updated from time to time, there has been no overhaul since 1982. In the more than two decades that have passed since that revision, there have been many changes in society with implications for wildlife management. The public has developed different attitudes toward wildlife, and toward the government role in managing wildlife. The pace of scientific and technological advancement has also increased. These changes are coupled with a rapidly growing and globalizing economy and increased pressures from industrialization and urbanization.
Wildlife must be managed to reflect a variety of values and fulfill differing needs in a way that maintains the confidence of the public in this resource. The current Wildlife Act requires updating and streamlining to provide a flexible legislative base to respond to current and future demands. While the conservation of wildlife resources and wildlife habitat remain as the highest priority, revising the legislation at this time also presents an opportunity for British Columbia to:
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improve client service;
- support The New Relationship with First Nations and Aboriginal People;
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respond to emerging wildlife management issues;
- improve the effectiveness and efficiency of decisions made under authority of the Wildlife Act;
- support shared stewardship of wildlife resources by facilitating new partnerships with First Nations, stakeholders, and others;
- enhance Wildlife Act compliance and enforcement tools; and
- streamline, rationalize and simplify the Wildlife Act.
The Discussion Paper
The management of wildlife is a complex issue and this Discussion Paper does not attempt to provide an extensive analysis of the area. It informs the reader about a number of specific concerns that require attention and outlines the proposed responses to these concerns. Where problems have been identified in the course of the review of the Wildlife Act, this Discussion Paper outlines legislative proposals that may address these issues. While these legislative proposals generally describe proposed amendments to the Wildlife Actitself, significant issues that may only involve a regulation change have been included in some cases.
Focus on the Wildlife Act
Legislation is a term that is commonly used to refer to both statutes and regulations. In Canada, statutes are laws that are enacted by the Parliament of Canada or by a legislative assembly in one of the provinces or territories. A statute provides the broad framework for the operation of the legislation. This framework will often set out the underlying principles that govern how that Act is to be applied in addition to specific powers, duties, requirements, authorities, and other provisions needed to establish the foundation for the operation of the Act.
It is customary to give Cabinet a power to make regulations dealing with those matters that are too detailed for inclusion in a statute. In the case of the Wildlife Act, the regulations are used to expand on and clarify the particular features of the legislation, including dates for hunting seasons, descriptions of boundaries, the requirements for hunter safety training, and other items that are critical to application of the legislation.
The Wildlife Act and the various regulations made under the authority of the Act are a critical part of the framework for wildlife management in B.C. The focus of the Wildlife Act review is to bring this framework into alignment with existing resources, wildlife management policy and social and operational realities, and to improve the ability of the Province to accommodate changes in these factors. While amendment of the Wildlife Act is the focus of this Discussion Paper, changes to the regulations that are identified as necessary will be addressed at a later stage of the review process.
Engagement Process and Timelines
Government is seeking the views of interested parties in relation to the changes to legislation that are being proposed in this Discussion Paper. The website created for this review serves as an important resource for individuals seeking background information and a greater explanation of particular issues. It links to several background reports and other studies that pertain to a range of wildlife issues.[3]
Submissions to the Wildlife Act Review will be posted and may be viewed on this website. The website address is:
/fw/wildlifeactreview/
Submissions should be received no later than May 31, 2007 so that there will be adequate time to consider the contents and permit follow-up by Ministry staff if required. Responses to this Discussion Paper, together with analysis by Ministry staff and other information gathered in the coming months, will form the basis for the drafting of revisions to the Wildlife Act.
First Nations, stakeholders, other agencies and individuals are invited to provide their perspective on the matters identified in this document. Submissions should be directed to:
Wildlife Act Review Project
Fish and Wildlife Branch
B.C. Ministry of Environment
PO Box 9363 Stn. Prov. Gov't
Victoria, British Columbia V8W 9M2
Fax: 250 387 0239
E-mail: WildlifeActReview@gov.bc.ca
