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MR. GREGOR ROBERTSON
This Bill will help protect the public health, safety and environment by mandating the reduction, replacement or elimination of toxins in the manufacturing of products without shifting the risks from one part of a process, environmental media, or product to another. The Bill requires toxics users to create comprehensive plans on toxics use reduction and develop measurable goals; provides toxics users with technical assistance to reduce the use and manufacturing of toxic substances; and monitors the use of toxic substances. The Bill also creates a process for prohibiting toxic substances for use and sale in British Columbia, bans the use and sale of pesticides for residential and cosmetic use, and regulates the use of pesticides around children.
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act,
"advisory committee" means the Advisory Committee to the Council on Toxic Use Reduction appointed under section 16;
"banned substances list" means the list of banned substances established pursuant to section 12;
"byproduct" means all non-product outputs of toxic or hazardous substances generated by a production unit, prior to handling, transfer, treatment or release;
"council" means the Council on Toxics Use Reduction created under section 15;
"emission" means the release of a toxic or hazardous substance in waste to an off-site location;
"environment" includes air, land, water and all other external conditions or influences under which humans, animals and plants live or are developed;
"environmental management system" means a quality-based management system that effectively integrates environmental considerations into an organization's day-to-day operations and management culture, and includes the following minimum criteria:
(a) includes all production units that use toxic or hazardous substances identified under this Act or its regulations used in reportable quantities as part of the environmental system;
(b) identifies all toxic or hazardous substances identified under this Act or its regulations used in reportable quantities as significant aspects;
(c) considers toxics use reduction when identifying significant aspects and developing associated objectives and targets;
(d) emphasizes source reduction in achieving objectives;
(e) incorporates appropriate environmental performance metrics when developing objectives and targets;
"facility" means a building, equipment, structure, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned, and operated by the same person, or by a person who controls, is controlled by, or is under common control with, such person;
"higher hazard substance" means a substance designated as a higher hazard substance by the council and the advisory comittee;
"large quantity toxics user" means any toxics user who manufactures, processes or otherwise uses any toxic or hazardous substance in an amount the same as or greater than the applicable threshold amount in a calendar year at a facility;
"lower hazard substance" means a substance designated as lower hazard substance by the council and the advisory committee;
"manufacture" means to
(a) produce, prepare, import or compound a toxic or hazardous substance; and
(b) produce a toxic or hazardous substance coincidentally during the manufacture, processing, use, or disposal of another substance or mixture of substances, including a toxic substance that is separated from that other substance or mixture of substances as a byproduct, and a toxic substance that remains in that other substance or mixture of substances as an impurity;
"minister" means the Minister of Environment:
"ministry" means the Ministry of Environment;
"office" means office of technical assistance and technology;
"priority toxic substance" means any of the following substances:
(a) lead;
(b) formaldehyde;
(c) trichloroetheylene;
(d) perchloroethylene;
(e) dioxins and furans;
(f) hexavalent chromium;
(g) organophosphate pesticides;
(h) polybrominated diphenyl ethers;
(i) di(2-ethylhexyl)phthalate DEHP);
(j) 2,4, Dichlorophenoxyacetic acid (2,4,D);
"process" means the preparation of a toxic or hazardous substance, after its manufacture, for distrubution in commerce
(a) in the same form or physical state, or in a different form or physical state from, that in which it was received by the toxics user so preparing such substance; or
(b) as part of an article containing the toxic or hazardous substance;
"product" includes a product, a family of products, an intermediate product, a family of intermediate products, and a desired results or desired family of result;
"production unit" means a process line, method, activity or technique, or a combination or series thereof, used to produce a product;
"resource conservation" means
(a) an action that decreases the use or consumption of a natural asset such as water, energy, or raw materials; or
(b) an action that increases the efficiency of the use of a natural asset such as water, energy, or raw materials, without increasing the risk to the public, including workers and consumers, or the environment and without increasing the amount of waste generated;
"safer alternative" means an option, including a change in chemical, material, product, process, function, system or any other action, whose adoption to replace a chemical currently in use would be the most effective in reducing overall potential for harm to human health or the environment;
"small quantity toxics user" means any toxics user who is not a large quantity user;
"threshold amounts" means the thresholds for toxics or hazardous substances as established by section 11;
"toxic or hazardous substances list" means the list of toxic or hazardous substances established pursuant to section 9;
"toxic or hazardous substance" means a substance in a gaseous, liquid, solid or other form which is identified on the toxic or hazardous substance list, but does not include any substance when it is
(a) present in an article;
(b) used as a structural component of a facility;
(c) present in a product used for routine janitorial or facility grounds maintenance;
(d) present in foods, drugs, cosmetics or other personal items used by employees or other persons at a facility;
(e) present in a product used for the purpose of maintaining motor vehicles operated by a facility;
(f) present in process water or non-contact cooling water as drawn from the environment or munitipal sources, or present in air used either as compressed air or as part of combustion;
(g) present in a pesticide or herbicide when used in non-cosmetic agricultural applications;
(h) present in crude, lubricating or fuel oils or other petroleum materials being held for direct wholseale or retail sale; or
(i) present in crude or fuel oils used in combustion to produce electricity, steam or heat except when production of electricity, steam or heat is the primary business of a facility;
"toxics use reduction" means in-plant changes in the production process of raw materials that reduce, avoid, or eliminate the use of toxic or hazardous substances or generation of hazardous byproducts per unit of product, so as to reduce risks to the health of workers, consumers, or the environment, without shifting risks between workers, consumers, or parts of the environment. Toxics use reduction is achieved through any of the following techniques:
(a) input substitution, which refers to replacing a toxic or hazardous substance or raw material used in a production unit with a non-toxic or less toxic substance;
(b) product reformulation, which refers to substituting for an existing end-product an end-product that is non-toxic or less toxic upon use, release or disposal;
(c) production unit redesign or modification, which refers to developing and using production units of a different design than those currently used;
(d) production unit modernization, which refers to upgrading or replacing existing production unit equipment and methods with other equipment and methods based on the same production unit;
(e) improved operation and maintenance of production unit equipment and methods, which refers to modifying or adding to existing equipment or methods including, but not limited to, such techniques as improved housekeeping practices, system adjustments, product and process inspections, or product unit control equipment methods;
(f) recycling, reuse, or extended use of toxics by using equipment or methods that become an integral part of the production unit of concern, including, but not limited to filtration and other closed loop methods; but
toxics use reduction does not include to promote or require incineration, transfer from one medium or release or discharge to other media, off-site or out-of production unit waste recycling, or methods of end-of-pipe treatment of toxics as waste; and
"toxics user" means a person who owns or operates a facility that manufactures, processes, or otherwise uses any toxic or hazardous substance.
2 (1) The purpose of this Act is protect the health of British Columbians and the environment by reducing the production, manufacturing, and use of toxic and hazardous substances in the province of British Columbia.
(2) The goal of the province is to achieve by 2013, through toxics use reduction, a 50 per cent reduction from 2007 quantities of toxic or hazardous byproducts generated by industry in the province of British Columbia.
Part 2 – Reporting and Planning Toxics Use Reduction
3 (1) A large quantity toxics users, for each facility, must provide the minister an annual report for each toxic or hazardous substance manufactured, processed, or otherwise used at that facility in amounts equal to or exceeding the applicable threshold amounts.
(2) In reporting on each toxic or hazardous substance, the large quantity toxics user will report the total mass of each toxic substance manufactured, processed or otherwise used, whether in pure form or contained in a mixture.
(3) Each toxic or hazardous substance report must include all of the following information:
(a) the name and location of the facility;
(b) the name of the toxic or hazardous substance the toxics user manufactures, imports, processes or otherwise used;
(c) the quantities of the toxic or hazardous substance at the facility that are
(i) manufactured, processed or otherwise used;
(ii) generated as byproduct prior to any handling, transfer, treatment or release; and
(iii) shipped as or in product from the facility;
(d) whether the facility manufactures, imports, processes, or otherwise uses the toxic or hazardous substance;
(e) the maximum quantity of the toxic or hazardous substance on-site at any time during the year;
(f) the total quantity of the toxic or hazardous substance released during the year to the air, water, land or injected underground and transferred off-site for disposal;
(g) the total quantity of the toxic or hazardous substances othewise managed as waste during the year, including separate estimates for on-site treatment, on-site combustion for energy combustion for energy recover, and on-site recovery;
(h) off-site locations to which the facility shipped wastes containing the toxic or hazardous substance and the quantities of that substance sent to those locations for recycling, energy recovery, treatment or disposal;
(i) on-site recycling, energy recovery, or treatment methods used for wastes containing the toxic or hazardous substance and estimates of the treatment efficiency for each toxic or hazardous substance;
(j) source reduction activities involving the toxic or hazardous substance.
(4) In addition to the requirements under subsection (3), a large quantity toxics user must include the following information for each production unit at a facility in which the toxic or hazardous substance is manufactured, processed or otherwise used:
(a) the information necessary to identify the large quantity toxics user, the facility, the production unit and the toxic or hazardous substance;
(b) an indication of whether the toxic or hazardous substance was used in the production units in amounts
(i) greater than 1000 pounds and less than or equal to 5000 pounds;
(ii) greater than 5000 pounds but less than or equal to 10,000 pounds;
(iii) greater than 10,000 pounds but less than or equal to 100,000 pounds;
(iv) greater than 100,000 pounds but less than or equal to 500,000 pounds; or
(v) greater than 500,000 pounds;
(c) a qualitative or quantitative indication of signifanct change in toxics use and byproduct generation, compared with the previous reporting year, including toxics use reduction techniques employed.
4 (1) The following are exempted from the reporting requirements of section 3:
(a) facilities with fewer than the equivalent of ten full-time employees;
(b) activities in laboratories, including quality control laboratories, to the extent and in the manner such activities are exempted from reporting in the regulations.
(2) The following are exempted from the reporting requirements of subsection (4) of section 3:
(a) pilot plants and production units;
(b) start-up production units for a time period equal to the shorter of either the time period from the date of initial operation until the required operational efficiency is achieved, or two years from the date of initial operation.
(3) Facilities claiming the exemptions provided must maintain on-site documentation supporting all exemption claims.
5 (1) Within two years of the coming into force of this Act Act, a large quantity toxics user for which a report pursuant to section 3 is required, must prepare and complete a toxics use reduction plan for each facility for which they are required to file a report.
(2) The plan must include a statement of facility-wide management policy regarding toxics use reduction, and a description of the scope and objectives of the plan.
(3) The plan must include the following for each production unit in which a covered toxic or hazardous substance is manufactured, processed or otherwise used:
(a) a comprehensive economic and technical evaluation of appropriate technologies, procedures and employee awareness, and training programs for potentially achieving toxics use reduction for each covered toxic or hazardous substance;
(b) an analysis of current and projected toxics use, byproduct generation and emissions;
(c) an evaluation of the types and amounts of covered toxic and hazardous substances used;
(d) an identification of each technology, procedure or training program to be implemented for the purposes of achieving toxics use reduction, the anticipated costs of implementation of each, and the anticipated savings expected due to each;
(f) a schedule for implementation of such technologies, procedures and training programs.
(5) A toxics user must explain the rationale for each toxics use reduction opportunity specified in the plan, including any impediments, such as technical or economic barriers, to toxics use reduction.
(6) A toxics use reduction plan developed under this section must be retained at the facility and will be made available on the premises to the minister upon request.
6 (1) A large quantity toxics user must update and re-certify plans within two years after the first plan, and then according to the schedule specified by the council.
(2) After a large quantity toxics user has completed one toxics use reduction plan in compliance with this Act and two plan updates, it may complete any one of the following types of plans in subsequent years:
(a) a toxics use reduction plan update;
(b) an alternative resource convservation plan in accordance with requirements established by the regulations; or
(c) the implementation of an environmental management system that meets the requirements for an environmental management system established in this Act and its regulations.
(3) Eligible large quantity toxics users that choose to complete an alternative resource conservation plan pursuant to subsection (2) must complete a toxics use reduction plan update during the subsequent planning year.
(4) Eligible large quantity toxics users that choose to implement an environmental management system pursuant to subsection (2) must report to the minister on the progress of the environmental management system according to this Act and its regulations.
(5) Six months prior to the date when the initial plan or an update must be completed, each large quantity toxics user must
(a) notify all of its employees of the requirements for the plan or update;
(b) identify the toxic or hazardous substances and production units for which a plan or update will be submitted;
(c) provide the criteria for plans specified by the department; and
(d) solicit in the notice comments or suggestions from all employees on toxics use reduction options.
7 The minister may require that small quantity toxics users must comply with part or all of the planning requirements applicable to large quantity toxics users established in this Act.
8 (1) A publicly-owned facility that administers programs pertaining to toxic production and use, hazardous waste, industrial hygiene, worker safety, public exposure to toxics, or release of toxics into the environment must do all of the following within two years of the coming into force of this Act:
(a) review its programs, policies and procedures to ascertain how toxics use reduction can be promoted and achieved and amend those programs, policies and procedures, where feasible, to promote toxics use reduction as the preferred method for achieving its goals;
(b) submit to the council recommendations for coordinating toxics use reduction efforts with its programs;
(c) coordinate, to the extent feasible, reporting requirements and guidelines concerning the manufacture, use, or release of toxic and hazardous substances in a manner consistent with the recommendations for standardized, consolidated and coordinated provincial reporting requirements developed by the council;
(d) develop, on a bi-annual basis, a multi-media inspection manual and training program for all inspectors on multi-media team inspections related to toxics.
Part 3 – Toxic or Hazardous Substances List
9 (1) In accordance with section 10 of this Act, the council and advisory committee will create the initial toxic or hazardous substance list within six months of the passage of this Act.
(2) The council and advisory committee must designate all substances in the toxic or hazardous substances list as a higher hazard substance, a lower hazard substance or may leave a substance as an otherwise uncategorized toxic or hazardous substance.
(3) The toxic or hazardous substance list must be reviewed by the council and advisory committee on an annual basis and amended where necessary.
(4) The council may delete or add substances, up to a maximum of 10, in a given calendar year.
10 (1) In designating the categorization of substances in the toxic or hazardous substances list, the council and advisory committee will rely on published lists of chemical categorization and legislation on toxic or hazardous chemicals, including, but not limited to the following:
(a) the Canadian Domestic Substances List Categorization;
(b) the European Commission's list of substances of very high concern;
(c) Washington State's list of persistent, bioaccumulative and toxic chemicals;
(d) the International Agency for Research on Cancer's list of carcinogens;
(e) chemicals identified on the toxic chemical list established pursuant to section 313 and substances identified on the list pursuant to sections 101 (14) and 102 of the United States of America's Emergency Planning and Community Right-to-Know Act;
(f) Chemicals identified as persistent organic pollutants in the Stockholm Convention on Persistent Organic Pollutants.
(2) The council and advisory committee, in its designation of substances in accordance with subsection (1), must designate the following as high hazard substances:
(a) chemicals recognized as carcinogens, mutagens and reproductive toxics;
(b) chemicals recognized as persistent bioaccumulative and toxic chemicals;
(c) chemicals recognized as very persistent and very bioaccumulative chemicals;
(d) endocrine disruptors;
(e) priority toxic substances as defined in section (1) of this Act.
(3) The council may not designate more than 10 toxic or hazardous substances as higher hazard substances in a given calendar year.
11 ( 1 ) The council and advisory committee will establish threshold amounts for toxic or hazardous substances designated as high hazard substances, lower hazard substance, and any other categorizations of toxic or hazardous substances.
(2) If any province of Canada, state in the United States of America, or nation-state that is a member of the Organization for Economic Co-operation and Development sets a threshold quantity for facility reporting on a toxic or hazardous substance that is lower than a corresponding threshold amount specified under subsection (1), the corresponding threshold for that substance will be the same as the lowest threshold.
(3) The council may lower the facility-reporting and threshold on a higher hazard substance below that specified in subsection (1) upon the advice of the advisory committee.
12 (1) Within one year after the coming into force of this Act, a person must not use or sell any of the following substances in the province of British Columbia:
(a) any toxic substance prohibited for use or for sale by a province of Canada;
(b) any toxic substance prohibited for use or for sale by a state in the United States of America;
(c) any toxic substance that is prohibited for use or for sale by any nation-state that is a member of the Organization for Economic Co-operation and Development.
(2) The council and advisory committee will amend the list of prohibited substances to include any new substances that are banned in the jurisdictions identified in subsection (1) on bi-annual basis.
(3) If a new substance is added to the banned substances list pursuant to subsection (2), a person has one year in which to phase out the use or sale of that banned substance.
13 (1) A person may not use pesticides containing a banned substance or an active ingredient listed in Schedule 1 on private lawns and gardens for cosmetic purposes.
(2) In addition to the prohibition set out in subsection (1), a person may not use pesticides containing a banned substance or an active ingredient listed in Schedule 1 on lawns for cosmetic purposes on any of the following:
(a) provincial land;
(b) land owned by municipalities, except for the unused parts of street rights-of-way;
(c) land owned by educational institutions at the college or university level;
(d) land owned by health and social services institutions;
(e) land where sports, recreational, cultural or artistic activities are held for children under 14 years of age.
(3) In accordance with section 12, any substance listed in Schedule 1 that is banned for sale or use by any province of Canada, state in the United States of America, or nation-state that is a member of the Organization for Economic Cooperation and Development must be banned for use and sale in British Columbia and deleted from the Schedule 1 list.
14 (1) Only biopesticides or pesticides that are approved by the council and advisory committee may be used inside or outside the following:
(a) childcare and day care centres;
(b) preschools and nursery schools;
(c) primary, middle or secondary schools.
(2) The application of a biopesticide or pesticide inside or outside an establishment referred to in subsection (1) must be carried out outside the establishment's care, teaching or activity periods that take place inside or outside the establishment.
(3) The application must be followed by a period of at least 12 hours before the services or activities resume in the treated premises if the application is carried out inside the establishment.
Part 5 – Administration of Toxics Use
15 (1) The Lieutenant Governor in Council will establish a council on toxics use reduction.
(2) The purpose of the council is to
(a) identify and promote coordination of efforts to enforce all provincial laws pertaining to chemical production and use, hazardous waste, industrial hygiene, worker safety, public exposure to toxics, and releases of the toxics into the environment, and
(b) determine how provincial programs should be coordinated to promote most effectively toxics use reduction in the province.
(3) The council will be composed of representatives of the ministries of environment, health, public safety or their successor ministries.
16 (1) The chairperson of the council will appoint an advisory committee to the council including, but not limited to:
(a) two persons nominated by provincial non-government environmental organizations;
(b) two persons nominated by organized labour;
(c) four persons nominated by industry or businesses in the province, including two representatives of small businesses;
(d) two persons nominated by provincial non-governmental health advocacy organizations; and
(e) two members of the general public, one of whom must be a person who has been active in a local toxic-related environmental organization and nominated by that organization.
(2) The advisory committee will assist the council in the following ways:
(a) identifying substances to place on the toxic substances list and amending that list on an annual basis in accordance with part 3 of this Act;
(b) identifying substances to place on the banned substances list and amending that list on a bi-annual basis in accordance with Part 4 of this Act;
(c) identifying biopesticides and pesticides that may be used pursuant to section 14 of this Act;
(d) designating substances as a higher hazard substance, lower hazard substance or otherwise uncategorized;
(e) establishing threshold amounts in accordance with section 11;
(f) identifying safer alternative to specific toxic or hazardous substances;
(g) making policy recommendations regarding toxic use reduction and the implementation of this Act.
17 (1) The council will, within two years of the assent of this Act, and on an annual basis thereafter, do the following:
(a) identify all provincial laws or regulations pertaining to chemical production and use, hazardous waste, industrial hygiene, worker safety, public exposure to toxics, and releases of the toxics into the environment;
(b) determine how provincial programs should be coordinated to promote most effectively toxics use reduction in the province;
(c) identify all requirements for public bodies for reporting on chemical or hazardous substance production, use, release, disposal, and worker exposure, and, to the extent practicable, make recommendations to these public bodies in order to standardize, consolidate and coordinate these reporting requirements;
(d) make policy recommendations in a report to the minister regarding toxics use reduction and the implementation of this Act, including the following:
(i) a summary of its deliberations and actions regarding its designation of substances as a higher hazard substances or lower hazard substances;
(ii) the achievement of increased toxics use reduction.
(2) The council may comment on all proposed regulations pertaining to toxics production and use, hazardous waste, industrial hygiene, worker safety, public exposure to toxic or hazardous substances, or releases of toxic or hazardous substances into the environment prior to their enactment.
18 (1) The minister will establish an office of technical assistance and technology within the ministry or its successor.
(2) The purpose of the office is the following:
(a) provide technical assistance to persons to assist them in implementing effective toxics use reduction and other pollution prevention or resources conservation activities;
(b) assist the ministry in implementing pollution prevention, resource conservation and toxics use reduction;
(c) promote and disseminate information concerning toxics use reduction technologies, environmental management systems and other toxics use reduction, pollution prevention and resource conservation activities;
(d) promote research or pilot projects to develop and demonstrate innovative technologies for toxics use reduction, pollution prevention or resource conservation activities;
(e) recognize the achievements of industry in toxic use reduction.
19 (1) The office of technical assistance and technology will establish an outreach program to small businesses that are toxics users required to report and plan pursuant to this Act to assist first-time filers with reporting requirements.
(2) The office of technical assistance and technology may, with the assistance of the ministry, industry trade associations and local colleges and universities, conduct training and workshop for toxics users to assist them in meeting their requirements under this Act and its regulations.
(3) Any information or record received by the office of technical assistance and technology in the course of providing technical assistance to a toxics user will be kept confidential and not considered to be a public record unless
(a) the toxics user agrees in writing;
(b) the office determines that the information pertains to an imminent threat to public health or safety, or to the environment; or
(c) disclosure is required by law.
(4) The office of technical assistance and technology may develop a business leaders and community recognition program to promote the toxics use reduction achievements of industry in British Columbia.
20 The office of technical assistance and technology will produce a report for the council on toxics use reduction that identifies barriers to business implementation of toxics use reduction, pollution prevention and resource conservation on an annual basis.
21 (1) The minister will make available to the public review reports and plan summaries that are required under this Act and its regulations.
(2) The minister will establish a registry of the information collected under subsection (1) that will be acessible by the public.
(3) Any ten residents of British Columbia living within 15 kilometers of a facility required to prepare a toxics use reduction plan may petition the minister directly for the minister to examine the plan, the plan summary and any required back up data and determine whether they meet the standards established under this Act and its regulations.
(4) When petitioned under subsection (2), the minister must report its determination to the petitioners and the toxics user within a reasonable time.
22 (1) The Lieutenant Governor in Council may make regulations referred to in section 42 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) providing for the maintenance and enforcement of standards and requirements established under this Act and the duties and powers of any inspection in relation to those matters;
(b) defining a word or expression used but not defined in this Act;
(c) respecting any matter considered necessary or advisable to carry out effectively the purpose of this Act.
(3) A regulation under this section may be incorporated or adopted by reference, and with any changes the Lieutenant Governor in Council considers appropriate, all or part of a code, rule or standard, as amended before or after the making of the regulation and relating to the subject matter of this Act, whether the code, rule or standard is promulgated by the government of Canada, a province of Canada or a jurisdiction outside Canada, by any governmental authority or agency or by any association or other body of persons.
(4) If all or part of a code, rule or standard is adopted by regulation, publication in the Gazette of a notice of the adoption referring to the code, rule or standard and stating the extent of its adoption and setting out any variations to which the adoption is subject, is deemed sufficient publication without publishing in the Gazette the text of the code, rule, standard or part adopted.
23 This Act comes into force on the date of Royal Assent.
The following are prohibited active ingredients for pesticide use for the purposed of section 13:
Insecticides
Carbaryl
Dicofol
Malathion
Fungicides
Benomyl
Captan
Chlorothalonil
Iprodione
Quintozène
Thiophanate-méthyl
Herbicides
2,4-D (present as sodium salt)
2,4-D (present as ester)
2,4-D (present as acid)
2,4-D (present as amine salt)
Chlorthal diméthyl
MCPA (present as ester)
MCPA (present as amine salt)
MCPA (present as potassium or sodium salt)
Mecoprop (present as acid)
Mecoprop (present as amine salt)
Mecoprop (present as potassium or sodium salt)
This Bill will help protect the public health, safety and environment by mandating the reduction, replacement or elimination of toxins in the manufacturing of products without shifting the risks from one part of a process, environmental media, or product to another. The Bill requires toxics users to create comprehensive plans on toxics use reduction and develop measurable goals; provides toxics users with technical assistance to reduce the use and manufacturing of toxic substances; and monitors the use of toxic substances. The Bill also creates a process for prohibiting toxic substances for use and sale in British Columbia, bans the use and sale of pesticides for residential and cosmetic use, and regulates the use of pesticides around children.