Public trust

The public trust doctrine is a US principle that certain natural resources are held by government in trust for public use. The Supreme Court of Canada left open whether it applies in Canada (British Columbia v Canadian Forest Products Ltd, 2004 SCC 38), and it is not part of BC real estate law.

How BC law treats it

BC environmental and resource statutes create regulatory regimes rather than a public trust doctrine. The Criminal Code offence of breach of trust by a public officer (s. 122) applies to officials, not private businesses.

What it means for your business

For a BC business, environmental and resource obligations come from specific statutes and permits, not a general public trust duty.

Risks and common mistakes

Relying on US materials about the public trust doctrine can give a misleading picture of a business's obligations in BC.

Browse the full Fulcrum Law Dictionary for related terms.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.