WHEREAS it is recognized that collaboration between the provincial government and local government is necessary to manage the complex and challenging issues of environment management, AND WHEREAS that collaboration is supported by the Protocol on Principles for Sharing Environmental Responsibilities between the UBCM and the provincial government which fosters on-going communications and cooperation and also sets out a principle of liability protection that states Any devolution of authority or responsibility should provide local government with protection from any liability arising from the delivery of Provincial programs or standards when acting in good faith and without negligence; AND WHEREAS the Ministry of Water, Land and Air Protection has established a new approach to environment policy which focuses on: - Shared Stewardship and Risk Based Approach, - Partnerships and Compliance, - Liability and Use of Qualified Professionals; and is informing the development of several new policies, legislation and regulations; AND WHEREAS the new approach to environment policy has not fully addressed several of local governments specific interests or concerns around protection of local government liability respecting the use of qualified professionals in delivery of regulatory programs: THEREFORE BE IT RESOLVED that the provincial government provide local government with clear protection from liability when following due process in the delivery of a provincial regulation or policy, including but not limited to the areas of: - checking or not checking the qualifications of a declared qualified environmental professional, - carrying out regulatory authority, including approving permits that rely on the report of a qualified professional, - accepting site profile reports, - development delays due to disputes or amendments to a qualified professional report, - accepting amendments to the SPEA recommendations by a qualified professional based on requirements of other environment legislation or site development constraints, - performing or not performing monitoring or evaluation of the implementation of qualified professional prescriptions, - subsequent damages to fish habitat, developer interests, subject site or neighbouring sites due to development that has been approved or proceeded based on faulty or incomplete qualified professional reports; - that for the purposes of accountability, it be clearly outlined where local government bears responsibility for decisions and outcomes in the site development approvals process when using qualified professionals.
Ministry of Water, Land Air Protection The ministry is aware of local governments concerns around liability management. The issue impacts many programs within the ministry and needs to be addressed on a program by program basis. As you are no doubt aware, the ministry has worked with local government to address liability in the Riparian Areas Regulation. Staff have also worked on this issue in the Environmental Management Act with respect to contaminated sites. Integrated pesticide management program staff will be working with stakeholders to produce guidelines for the use of qualified monitors, and the ministry has provided tools to allow local government to manage development within floodplains. These guidelines and tools are designed to protect public health and safety and fish habitat values. I would like to take this opportunity to encourage all members of UBCM to make full use of these guidelines and tools when assessing and using reports or advice from qualified professionals. The ministrys expectation is that any qualified professionals retained by local governments to provide advice in these areas will themselves also consider the guidelines provided by the ministry, when they prepare advice for their clients. Making effective use of the guidelines will provide the best protection from the risk of liability.