2002/03 Annual Service Plan Report Ministry of Water, Land and Air Protection

Appendix A — Glossary

airshed: Geographical areas in which air quality is a function of the same sources, weather and topography.

ambient air or water quality: The overall or general condition of air or water in a region outside the zone of influence of discharges — in contrast to local condition, which may be related to a specific source of contamination.

AOX: Adsorbable organic halides, a family of chemicals produced when halogen elements such as chlorine react with organic matter. AOX is a measure of organochlorine content (e.g., dioxins and furans) used to regulate discharges of these compounds in pulp mill effluents.

Approved Management Direction: An approved management plan, master plan, management direction statement, interim management statement, or Purpose Statement and Zoning Plan.

aquifer: An underground zone or stratum of permeable rock or loose material where water accumulates, and which can produce useful quantities of water when tapped by a well. It can be contaminated by improper disposal of waste.

biodiversity (biological diversity): The variety of life in an area, from a small area such as a pond to the whole biosphere. "Biodiversity" encompasses four main considerations: landscape diversity, ecosystem diversity, species diversity and genetic diversity. It also involves the countless, complex ways in which living things function and interact.

contaminated site: As defined in Section 26 of the Waste Management Act and section 11(1) of the Contaminated Sites Regulation, a site containing substances that exceed numerical standards set out in the regulation. The Final Report of the Advisory Panel on Contaminated Sites (February 2003) recommends a definition similar to that in other North American jurisdictions: a site that presents an actual or imminent risk to, or effect on, health, safety or the environment.

ecosystem: Organisms of a natural community, together with their physical, chemical and biological environment.

Freshwater sport fishing synopsis: A booklet published each spring that outlines all the sport fishing regulations that apply to freshwater in British Columbia (except for salmon fishing and fishing in national parks). Anglers should be familiar with these regulations before going fishing.

general wildlife measures: Measures to protect species at risk from development while recognizing forestry's social and economic benefits.

greenhouse gases: The gases that play a part in the greenhouse effect: carbon dioxide (CO₂, the most significant greenhouse gas), methane, nitrous oxide, ozone, water vapour, CFCs and other trace gases.

Management Plans: Include management plans, master plans (a term used until 1997), management direction statements, interim management statements (a term used from 1988 to 1992) and Purpose Statements and Zoning Plans. The purpose of the plans is to provide a long-term vision and strategic guidance for the management and stewardship of parks, recreation areas, ecological reserves and protected areas managed by the Environmental Stewardship Division of the Ministry of Water, Land and Air Protection.

nitrate: An essential plant nutrient found in fertilizers and which may be produced during the breakdown of organic wastes. Excessive fertilizer application, improper agricultural waste management or underground septic tanks may increase nitrate levels in groundwater. Nitrates reduce the ability of blood to carry oxygen. Infants under six months are particularly at risk from drinking well-water containing excessive nitrates.

particulate matter (PM): Fine liquid or solid particles (such as dust, smoke, mist fumes or smog) found in the air or emissions. Also known as particulates.

PM₁₀: Measure of particulate matter under 10 microns (μm).

PM_2.5: Measure of particulate matter under 2.5 microns. There is a national initiative to measure PM_2.5 rather than PM₁₀, as recent studies have shown that particles of 2.5 microns or less (PM_2.5) pose the greatest health risk.

Protected Areas: Refers to parks, recreation areas, ecological reserves and designations under the Environment and Land Use Act managed by the Ministry of Water, Land and Air Protection. They include:

• Class A parks established under the Park Act or by the Protected Areas of British Columbia Act
• Class B and C parks and recreation areas established under the Park Act
• Ecological reserves established under the Ecological Reserve Act or by the Protected Areas of British Columbia Act
• "protected areas" and other conservation-oriented designations established under the Environment and Land Use Act that are managed by the Environmental Stewardship Division, Ministry of Water, Land and Air Protection

species at risk: A species that has been identified as extirpated, endangered, threatened, vulnerable or of special concern. In this province, the British Columbia Conservation Data Centre (CDC) assigns a global and provincial rank according to an objective set of criteria established by the U.S. Nature Conservancy. The ranks assigned and listed in the tracking lists maintained by the CDC provide the basis for the Red and Blue lists of the Ministry of Water, Land and Air Protection.

stewardship: Although ultimate accountability resides with the regulatory body, "environmental stewardship" or "shared stewardship" refers to environmental management based on shared responsibility in determining environmental outcomes, including other participating persons or groups (i.e., industry, consumers, community groups, other levels of government).

sustainable development: Economic and social development within the limits required to sustain long-term environmental well-being. Such development ensures that our use of the environment and natural resources today does not harm the prospects for their use in the future.

watershed: An entire area that is drained by a waterway or that drains into a lake or reservoir. Also referred to as a water basin.

Wildlife Habitat Areas (WHAs): Mapped areas of Crown land containing critical habitat, such as breeding, feeding and denning habitat, crucial to identified wildlife. WHAs help protect species and plant communities at risk by specifying mandatory practices called general wildlife measures.

Wildlife hunting and trapping synopsis: A booklet published each summer that outlines all the hunting and trapping regulations pertinent under the Wildlife Act (British Columbia). The synopsis also sets out general hunting information and defines the open seasons. Hunters and trappers should be familiar with the regulations before going out.

Wildlife Management Areas (WMAs): Designated under the provincial Wildlife Act, these areas are usually established where conservation and management measures are considered essential to the continued well-being of resident or migratory wildlife of regional, national or global significance. Conservation of wildlife, fish and their habitats is a priority in WMAs, but other land uses may be permitted by the Regional Manager of the Environmental Stewardship Division.

Appendix B — Legislation Administered by the Ministry

The following provides an overview of the legislation, in alphabetical order, currently administered by the Ministry of Water, Land and Air Protection:¹

Commercial River Rafting Safety Act, R.S.B.C. 1996, c. 56

This statute creates the position of the Registrar of Commercial River Rafting and provides for the registration and licensing of outfitters, guides and trip leaders, and the setting and enforcement of safety standards for commercial river rafting. The Act is presently administered by the Environmental Stewardship Division.

Creston Valley Wildlife Act, R.S.B.C. 1996, c. 84

The Act places the Creston Valley Wildlife Management Area (CVWMA) in trust for the continued conservation, management and development of wildlife.

Dike Maintenance Act, R.S.B.C. 1996, c. 95

This Act empowers the Inspector of Dikes to supervise all dikes and the operation of all dike authorities relative to the construction and maintenance of dikes.

Drainage, Ditch and Dike Act, R.S.B.C. 1996, c. 102

This Act establishes a comprehensive scheme for the regulation and authorization of ditches, watercourses, drainages, and dikes throughout the province.

Ecological Reserve Act, R.S.B.C. 1996, c. 103

The Ecological Reserve Act is one of the key pieces of protected area legislation. The Act provides for the establishment and administration of ecological reserves in the province. New ecological reserves are created by Order in Council or through addition to the schedules of the Protected Areas of British Columbia Act. The Environmental Stewardship Division of the ministry administers the Act and the ecological reserves.

Environment Management Act, R.S.B.C. 1996, c. 118

The Environment Management Act is one of the major enabling statutes for the ministry. This Act places responsibility for managing, protecting and enhancing the environment with the ministry.

Fish Protection Act, S.B.C. 1997, c. 21 [Section 12 only]

Section 12 of the Act provides that the Lieutenant Governor in Council may, by regulation, establish policy directives regarding the protection and enhancement of riparian areas after consultation by the Minister with representatives of the Union of British Columbia Municipalities (UBCM).

Industrial Operation Compensation Act, R.S.B.C. 1996, c. 222

The Act authorizes the creation of compensation agreements, both private and in right of the Crown, between land-owners and an industry for any damage that may be caused to the land. The Act also establishes an arbitration process for the fixing of compensation.

Land Title Act, R.S.B.C. 1996, c. 250 [Sections 82 and 219 (insofar as it relates to the portfolio of the Minister) only (except section 219 3(c), 11(b) and 13]

Section 82 of the Act authorizes the Minister to designate flood plain areas. Section 219 (which, except for subsections 3(c), 11(b) and 13, is shared by the Ministries of Water, Land and Air Protection, Sustainable Resource Management and Community, Aboriginal and Women's Services) authorizes the Minister to designate a person as a covenantee for the purposes of registering a covenant as to use and alienation against the title to land.

Each Minister may exercise the general s. 219 authority insofar as it relates to the portfolio of the Minister. In the case of the Ministry of Water, Land and Air Protection, the authority relates to covenants concerning the right to flood. The Minister of Sustainable Resource Management has the exclusive authority to administer subsections 3(c), 11(b) and 13 (which concern the power to designate covenantees other than the entities listed in subsection 3(a) and (b) ).

Ministry of Environment Act, R.S.B.C. 1996, c. 299 [Except s. 4(2)(d)]

This Act established a ministry of the public service of the province called the Ministry of Environment. The purposes and functions of the ministry, the Minister and the Deputy Minister are specified in the Act. This Act, with the exception of paragraph 4(2)(d), is now the responsibility of the Ministry of Water, Land and Air Protection. Paragraph 4(2)(d) is administered by the Ministry of Sustainable Resource Management.

Ministry of Lands, Parks and Housing Act, R.S.B.C. 1996, c. 307 [ss. 3(3), 5(b) & 6 only]

Sections currently assigned to the Ministry of Water, Land and Air Protection are:

• Section 3(3), which provides the Minister with the power to delegate to another person, subject to instructions, the function of signing a document. (This provision is shared with the Ministry of Sustainable Resource Management.)
• Section 5(b), which describes one of the functions of the ministry as being to encourage outdoor recreation, establish parks and conserve the natural scenic and historic features of British Columbia.
• Section 6, which provides the Minister with the authority, for the purposes of the Act, to enter into agreements (subject to the approval of the Lieutenant Governor in Council) with the government of Canada, the government of another province, or with any other person or a municipality. (This provision is shared with the Ministry of Sustainable Resource Management.)

Park Act, R.S.B.C. 1996, c. 344

This key protected areas statute provides for the establishment, classification and management of provincial parks and recreation areas dedicated to the preservation of the natural environment for the inspiration, use and enjoyment of the public. Parks are designated by Order in Council or by inclusion in the schedules of the Protected Areas of British Columbia Act.

Park (Regional) Act, R.S.B.C. 1996, c. 345

This Act provides for the management of regional park systems by either Regional Districts or through regional park districts established under the Act. The operation of regional parks is governed by the Act.

Pesticide Control Act, R.S.B.C. 1996, c. 360

The Pesticide Control Act establishes a regulatory regime for the control of pesticides. The Act governs the licensing and certification of pesticide sales, purchases and use in the province. The Act also regulates the application, storage, disposition and transportation of pesticides. The Act also provides for appeals to the Environmental Appeal Board relating to decisions made under the authority of the Act.

Protected Areas of British Columbia Act, S.B.C. 2000, c. 17

The Protected Areas of British Columbia Act represents a step in improving the legislative framework for the stewardship of the provincial protected areas system. The Act consolidates in its schedules all of the parks and ecological reserves for the purposes of the Park Act and the Ecological Reserve Act. The Act ensures that the boundaries of these protected areas can not be altered except by an act of the Legislature.

Skagit Environmental Enhancement Act, R.S.B.C. 1996, c. 426

The fundamental purpose of the Act is to provide a mechanism in British Columbia for protecting biodiversity and administering the disposition of Crown land within an area set out by the Act in the Skagit Valley/Ross Lake area.

Sustainable Environment Fund Act, R.S.B.C. 1996, c. 445

The Act establishes a fund from which the Minister may pay out money to reduce and manage solid, liquid, hazardous and atmospheric waste and for other environmental protection and environmental renewal initiatives.

Waste Management Act, R.S.B.C. 1996, c. 482

• The Waste Management Act is the main statute for the regulation of pollution and waste in the province, and is the primary responsibility of the Environmental Protection Division. Under the Act, the ministry is responsible for overall waste management.

Water Protection Act, R.S.B.C. 1996, c. 484

This Act provides essential protection of British Columbia's water. Specifically, the Act:

• confirms ownership of surface water and groundwater in the province;
• prohibits removal of British Columbia's water in bulk supply to locations outside of the province;
• grandfathers existing bulk water removal rights; and
• prohibits large-scale transfers of water between the major watersheds of the province.

Weather Modification Act, R.S.B.C. 1996, c. 486

This Act provides for the mandatory licensing of weather modification activities.

Wildlife Act, R.S.B.C. 1996, c. 488

This Act provides a comprehensive scheme for the regulation of hunting, angling and the management of the province's wildlife resources.

Appendix C — Initial Risk Identification and Ministry Response

As part of the annual planning cycle, the ministry identifies potential risks to the ministry's ability to deliver its mandate and determines some possible actions it might take in response to those risks.

Environment, Health, Society and the Economy Risks and Responses

Technology Infrastructure Risks and Responses

Employee Development Risks and Responses

Revenue Risks and Responses

Appendix D — Performance Results: Data Completeness and Reliability

Background

Performance measurement is contingent on the availability of useful data that are representative of performance and that help to measure and communicate progress towards organizational goals. Because data can be imperfect, there is a need to balance the desire for meaningful information against the cost of a "perfect" measure when it does not provide practical additional value. In the use of its performance measures, the ministry strives to provide sufficient accuracy and timeliness, but at a reasonable cost. In an attempt to bring consistency and quality to its performance reporting, the ministry has made efforts to follow the draft Public Performance Reporting for British Columbia's Public Sector (B.C. Office of the Auditor General, 2003). The ministry takes the following general approaches to the data it uses and how it evaluates that data.

Annual Data

Where possible, the data in this document are reported on a fiscal year basis (April 1 – March 31). In some cases, when data are collected and reported from external sources, calendar-year data are used, as indicated.

Data Sources

The ministry has attempted to include the data source for each of the measures used in this report. Eliminating error in data collection is part of the ongoing efforts of the program managers. To date, there has been no formal audit of the data.

Internal sources are often administrative records or sample surveys. In some cases, program managers rely on survey methodologies, computerized edit checks, professional judgement and reasonableness checks to minimize errors that may be introduced. As sources of error are identified, data collection information will be improved.

External data used in the various performance measures are from a wide variety of sources outside the ministry. This means that methods used for collection do not lie within the direct control of the ministry. The ministry therefore relies on the professionalism of the organizations that have provided the results. While the ministry may not have the ability to take direct action in improving the quality of the data, staff do consult with ministry partners to improve the utility.

Data Limitations — Timeliness

Timeliness is the most significant limitation as some data for the measures are not collected or published annually. For example, greenhouse gas emissions data from Environment Canada require several months of post-collection analysis. This means that final results for this annual report are only available up to the year 2000.

Financial Resources

For consistency purposes, the numbers (unaudited) reflected in the Resource Summary are based on information included in the 2002/03 Public Accounts. Changes in service lines made by the ministry during the fiscal year without adjusting roll-ups have resulted in budget variances at the vote level being inconsistent with the ministry reports. Service line roll-ups used by the Office of the Comptroller General will be updated in 2003/04 to ensure the consistent reporting of budget variances with the ministry.