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ARTICLE · 01 OCTOBER 2020

Navigating Muddy Waters: The Meaning Of "Changes In And About A Stream" Under The WSA

Norton Rose Fulbright Canada LLP
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Section 11 of the Water Sustainability Act (the WSA) prohibits making changes in and about a stream, unless authorized to do so (such as by a licence, change approval, or the regulations...

CanadaEnvironment
Max Collett
Max Collett
Michael Manhas
Michael Manhas
Niles Bond
Niles Bond
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Section 11 of the Water Sustainability Act (the WSA)1  prohibits making changes in and about a stream, unless authorized to do so (such as by a licence, change approval, or the regulations2). What activities constitute a "change in and about a stream" are not well defined in the WSA, and have created significant uncertainty for those undertaking works that do not directly affect stream channels but may have incidental effects on stream function.  

The British Columbia Environmental Appeal Board (EAB) recently released two decisions – Smoluk3  and Ware4 (together, the decisions) – that clarify the meaning of this prohibition. The decisions indicate that works will likely be considered a "change in and about a stream" within the meaning of WSA if, either: they modify the physical characteristics of the stream or stream channel, or they redirect flows relative to the stream at issue in a manner that modifies the "basic character or quality" of the stream.

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