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AL > Fisheries & Aquaculture > Siting & Relocation > Public Input on Site Applications

Public Input on Site Applications

Overview

Consulting with the public on government activities is a critical policy of both provincial and federal governments and is an integral component of the review process for aquaculture projects. Consultation is also required under some of the acts governing the aquaculture industry. The provincial Land Act and the federal Navigable Waters Protection Act (NWPA) both require that the public be given an opportunity to receive information and to comment on proposed development projects. Public consultation may include activities such as advertising the project in newspapers, holding open houses in nearby communities, and otherwise soliciting public comment on the project.

Advertising

Proponents are required to advertise an application for Crown land tenure on waterways in order to fulfill requirements of the provincial Land Act (administered by Integrated Land Management Bureau)  and the federal NWPA (administered by the federal Coast Guard department). In order to streamline the advertising procedure, the federal and provincial governments have developed a joint document that meets the requirements of both acts. The joint ILMB-DFO Advertising Form must be completed for all new aquaculture applications. An advertisement typically contains the following information:

  • the full name of the applicant or company
  • a sketch of the site at a 1:20,000 scale
  • the address of the applicant's (or company's) office
  • the occupation of the applicant (e.g. "aquaculturist")
  • the location of the tenure - both a general, geographic description and a surveyed description (metes and bounds)
  • the purpose of the tenure, including the name and status of the work
  • the Integrated Land Management Bureau file number and DFO deposit number
  • a reference to the provincial Land Act and the federal NWPA in the text of the advertisement.

The proponent is responsible for ensuring the notice appears in the required publications. Under the joint advertising requirements, the advertisement must appear in two local newspapers for two consecutive weeks, and once in both the Canada Gazette and the British Columbia Gazette. The public may provide comments on the application to ILMB and DFO for 30 days following the publication date of the ad. Any public comments resulting from the advertisement will be retained by ILMB and DFO as a part of the public record of the application will be reviewed by the decision making agencies including MAL.

Open Houses

An open house is typically held in one or more communities located near the proposed site. If more than one application is made around the same time and in the same area, one open house session may address several applications. Notice of the open house is usually posted in advance of the session in local papers, at First Nations Band Offices, at post offices and on local television channels. The proponent co-ordinates these activities, and assistance may be provided by ILMB and other government agencies.

An open house generally includes a presentation by the proponent on the relevant policies and regulations, and is chaired by ILMB. The applicant's role is to provide information on the proposal and answer any questions on the proposed site and facility. The applicant is responsible for displaying information such as location maps, photos of the site and diagrams of the proposed facility, in addition to a completed application for the facility. Public participants are invited to make comments on the specific proposal(s) and to contribute local knowledge on resources and activities in the area. The public participants are also asked to complete site-specific questionnaires at the open house and to return these to ILMB following the session. Input received by DFO at open houses is also considered in Canadian Environmental Assessment Act (CEAA) screenings.

Adjacent Landowners

The province requires that the applicant obtain written consent from any adjacent upland owner whose riparian rights may be affected by the proposal. ILMB requires applicants to notify by letter all adjacent landowners and tenure holders of the site proposal. Nearby landowners may provide comments on the proposal to the applicant, the local government or to ILMB.

Deposit of Plans

The Canadian Coast Guard requires that proponents deposit facility layout plans and locator maps with the nearest Land Registry Office for public review.

Other Methods

ILMB posts all applications for Crown land tenure on their website and the public is invited to provide comments. Any person wishing to provide additional comments or to share information or concerns may contact the appropriate  government staff directly.

Send comments to:

Duncan Williams
Manager Finfish Development Program
Suite 501, 345 Wallace Street
Nanaimo, BC

phone: 250 741-5667
email: Duncan.Williams@gems5.gov.bc.ca

Integrated Land Management Bureau Links

Fisheries and Oceans Canada (DFO) Links


Updated:  January 27, 2006

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