Table of Contents - Environmental Management Act

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This Act is current to August 10, 2022
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Environmental Management Act

[SBC 2003] CHAPTER 53

Assented to October 23, 2003

Contents
Part 1 — Introductory Provisions
	1	Definitions
	2	Powers conferred on included officials
	3	Director includes delegate
	4	Conflicts with other enactments
	5	Minister's authority
Part 2 — Prohibitions and Authorizations
	6	Waste disposal
	7	Hazardous waste — confinement
	8	Hazardous waste management facility
	9	Hazardous waste storage and disposal
	10	Transportation of hazardous waste
	11	Packaging, product containers and single-use products
	12	Littering
	13	Discharge of waste from recreational vehicles
	14	Permits
	15	Approvals
	16	Amendment of permits and approvals
	17	Transfers of permits, approvals, etc.
	18	Suspension or cancellation of permits and approvals
	19	Variance orders
	20	Abandonment
	21	Regulations for the purposes of Part 2
	22	Minister's regulations — codes of practice
Part 3 — Municipal Waste Management
	23	Definitions
	24	Waste management plans
	25	Authority to manage municipal solid waste and recyclable material in regional districts
	26	Municipal solid waste disposal fees
	27	Public consultation process
	28	Operational certificates
	29	Sewage control areas
	30	Sewage in regional districts
	31	Control of air contaminants in Greater Vancouver
	32	Disposal of municipal solid waste in Greater Vancouver
	33	Disposal of municipal solid waste in other regional districts
	34	Bylaw approval or amendment
	35	Delegation of powers
	36	Municipal administration of storage tanks
	37	Conflicts between this Act and bylaws, permits, etc. issued by a municipality
	38	Regulations for purposes of Part 3
Part 4 — Contaminated Site Remediation
	Division 1 — Interpretation
	39	Definitions and interpretation
	Division 2 — Identification of Contaminated Sites
	40	Site disclosure statements
	40.1	Investigations required with provision of site disclosure statements
	41	Site investigations
	42	Approved professionals
	43	Site registry
	44	Determination of contaminated sites
	Division 3 — Liability for Remediation
	45	Persons responsible for remediation of contaminated sites
	46	Persons not responsible for remediation
	47	General principles of liability for remediation
	48	Remediation orders
	49	Allocation panel
	50	Minor contributors
	Division 4 — Implementation of Remediation
	51	Voluntary remediation agreements
	52	Public consultation and review
	53	Approvals in principle and certificates of compliance
	54	Independent remediation procedures
	55	Contaminated soil relocation
	56	Selection of remediation options
	Division 5 — Delegation
	57	Delegation of responsibilities to municipalities or other ministries
	Division 6 — Ministry Authority
	58	Orphan sites
	59	Cost recovery if minister carries out remediation
	60	Government retains right to take future action
	Division 7 — General Provision Respecting Contaminated Sites
	61	Immunity in relation to contaminated sites
	62	Contaminated site regulations
	63	Minister's regulations — contaminated sites
	63.1	Director's interim standards
	64	Director's protocols
Part 5 — Remediation of Mineral Exploration Sites and Mines
	65	Definitions and interpretation
	66	Exploration sites
	67	Advanced exploration sites
	68	Producing or past producing mine sites
	69	Historic mine sites
	70	Regulations for purposes of Part 5
Part 6 — Clean Air Provisions
	71	Definitions
	72	Control of air contaminants
	73	Fuel emission regulations
	74	Motor vehicle and engine emission regulations
	75	Solid fuel burning domestic appliance regulations
	76	Burning regulations
Part 6.1 — Greenhouse Gas Reduction
	Division 1
	76.1	Not in force. Repealed
	Division 2 — Waste Management Facilities
	76.2	Management of greenhouse gases at waste management facilities
	76.21	Regulations for purposes of Division 2
	Division 3 and 4
	76.3- 76.43	Not in force. Repealed
	Division 5 — General
	76.5	This Part does not affect authority under other Parts
Part 7 — Powers in Relation to Managing the Environment
	Division 1 — Pollution Assessment, Prevention and Abatement
	77	Requirement to provide information
	78	Minister may require environmental impact assessment
	79	Spill prevention and reporting
	80	Repealed
	81	Pollution prevention orders
	82	Preventing municipal pollution
	83	Pollution abatement orders
	84	Abatement of municipal pollution
	85	Environmental protection orders
	86	Environmental management plan — in relation to environmental protection order
	87	Environmental emergency measures
	88	Recovery of costs — environmental emergency
	Division 2 — Area Based Management
	89	Area based management plans — plan development
	90	Approval and effect of area based management plan
	90.1	Permits under area based management plan
	90.2	Amendments to area based management plan
	91	Publication obligations
	Division 2.1 — Spill Preparedness, Response and Recovery
	91.1	Definitions
	91.11	Regulated persons — spill contingency planning
	91.2	Responsible persons — spill response
	91.21	When restoration not reasonably achievable
	91.3	Certificate of recovery
	91.31	Geographic response plans
	91.4	Government spill response
	91.41	Preparedness and response organizations
	91.5	Complaint to minister respecting fees
	91.51	Area response plans
	91.6	Right of entry to respond to spill
	91.61	Minister's advisory committee respecting spill response
	91.7	Report to the Legislative Assembly
	91.71	Requirement to provide information
	Division 3 — Regulations for Part 7
	92	Regulations for purposes of Part 7
	92.1	Minister's regulations for purposes of Part 7
Part 8 — Appeals
	Division 1 — Environmental Appeal Board
	93	Environmental Appeal Board
	93.1	Application of Administrative Tribunals Act
	94	Parties and witnesses
	95	Repealed
	96	Decision of appeal board
	97	Varying and rescinding orders of appeal board
	98	Appeal board power to enter property
	Division 2 — Appeals from Decisions under this Act
	99	Definition of "decision"
	100	Appeals to Environmental Appeal Board
	101	Time limit for commencing appeal
	102	Procedure on appeals
	103	Powers of appeal board in deciding appeal
	104	Repealed
	Division 3
	105	Repealed
Part 9 — Conservation Officer Service
	Division 1 — Conservation Officer Service
	106	Conservation Officer Service
	107	Powers and duties of conservation officers
	Division 2 — General Enforcement Tools
	107.01	Definition
	107.02	Search warrant
	107.03	Warrantless search in exigent circumstances
	107.04	Inspection of records and warrant to seize records
	107.1	Application of Offence Act in relation to sections 107.02 and 107.03 and to inspections
	107.2	Application of Criminal Code — demands and orders
	107.3	Application of Criminal Code — warrants and authorizations
	108	Repealed
	108.1	Certificate evidence of the chief conservation officer
	Division 3 — Regulations for Part 9
	108.2	Regulations for purposes of Part 9
Part 9.1 — Compliance
	Division 1 — General Powers
	109	Inspections
	110	Minister may enter on private land
	111	Inspection of vehicles
	112	Seizures and prevention orders
	113	Inquiries
	114	Restraining orders
	Division 2 — Administrative Penalties
	115	Administrative penalties
	116	Effect of charging an offence
	117	Recovery of administrative penalties
	Division 3 — Economic Instruments
	118	Environmental certification
	Division 4 — Regulations for Part 9.1
	119	Regulations for purposes of Part 9.1
Part 10 — General
	Division 1 — Offences and Penalties
	120	Offences and penalties
	121	Offence by a corporation
	122	Continuing offences
	123	Offence Act application
	124	Time limit for prosecuting offence
	125	Additional fine
	126	Intentional damage
	127	Additional sentencing orders
	128	Variation of section 127 orders
	Division 2 — Immunity
	129	Conservation officers exempt
	Division 3 — Miscellaneous
	130	Evidence
	131	Confidentiality
	132	Ownership of waste
	133	Service of notice
	134	Charges, fees and costs to be paid to the government
	135	Interagency agreements
	136	Waste Management Trust Fund
	137	Powers that Lieutenant Governor in Council may exercise
	Division 4 — Regulation Making Authorities
	138	General authority to make regulations
	139	Regulations — general rules
Part 11 — Transitional Provisions and Consequential Amendments
	140	Transitional
	141	Transitional regulations
	142-178	Consequential Amendments and Repeals and Amendments to this Act
	179	Commencement