The Province has the Power to Terminate the Licenses of Occupation of Salmon Feedlots on Wild Salmon Migration Routes

Legislation

License of Occupationan

Every salmon feedlot has a provincial  Licence of Occupation. This makes the Province of BC the landlord of the industry.  As such, the province has all the power required to protect wild salmon.  The province can ban salmon feedlots from wild salmon migration routes if it is in the public interest.

 

2.1.4 Licence of Occupation (Section 39)

 

A licence of occupation conveys fewer rights than a lease. It conveys non-exclusive use…Replacement of tenures is at the authorizing agency’s discretion. The authorizing agency may decline to replace a tenure,… where it is deemed to be in the public interest.

 

2.4.7 Prohibition of Use – Order in Council (Section 66)

 

A prohibition of use may be applied in circumstances where the restriction of a specific use or activity on Crown Land is deemed in the public interest:

·      a specific use or activity is adversely affecting Crown land and its resource values or attributes

 

The province of BC has the power to protect British Columbians from this threat, to remove the industry from key wild salmon migration routes.  The federal government has proved itself unwilling to protect British Columbians. 

 

Licence of Occupation of BC salmon feedlot issued in 2005

 

s.8.1(g) (Termination) If “…it is in the public interest to cancel this Agreement and we have given you 60 days written notice of such requirement or opinion, this Agreement will, at our option and with or without entry, terminate your right to use and occupy the Land will cease.”

 

s.8.3(a) (Termination) “You agree with us that (a) you will make no claim for compensation, in damages or otherwise, upon the lawful termination of this Agreement under section 8.1”

 

It is in the public interest to terminate salmon feedlot licences of occupation on wild salmon migration routes. The viral situation has made this urgent.

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