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This Act is current to March 8, 2023
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
1Definitions
2Powers conferred on included officials
3Director includes delegate
4Conflicts with other enactments
5Minister's authority
Part 2 — Prohibitions and Authorizations
6Waste disposal
7Hazardous waste — confinement
8Hazardous waste management facility
9Hazardous waste storage and disposal
10Transportation of hazardous waste
11Packaging, product containers and single-use products
12Littering
13Discharge of waste from recreational vehicles
14Permits
15Approvals
16Amendment of permits and approvals
17Transfers of permits, approvals, etc.
18Suspension or cancellation of permits and approvals
19Variance orders
20Abandonment
21Regulations for the purposes of Part 2
22Minister's regulations — codes of practice
Part 3 — Municipal Waste Management
23Definitions
24Waste management plans
25Authority to manage municipal solid waste and recyclable material in regional districts
26Municipal solid waste disposal fees
27Public consultation process
28Operational certificates
29Sewage control areas
30Sewage in regional districts
31Control of air contaminants in Greater Vancouver
32Disposal of municipal solid waste in Greater Vancouver
33Disposal of municipal solid waste in other regional districts
34Bylaw approval or amendment
35Delegation of powers
36Municipal administration of storage tanks
37Conflicts between this Act and bylaws, permits, etc. issued by a municipality
38Regulations for purposes of Part 3
Part 4 — Contaminated Site Remediation
Division 1 — Interpretation
39Definitions and interpretation
Division 2 — Identification of Contaminated Sites
40Site disclosure statements
40.1Investigations required with provision of site disclosure statements
41Site investigations
42Approved professionals
43Site registry
44Determination of contaminated sites
Division 3 — Liability for Remediation
45Persons responsible for remediation of contaminated sites
46Persons not responsible for remediation
47General principles of liability for remediation
48Remediation orders
49Allocation panel
50Minor contributors
Division 4 — Implementation of Remediation
51Voluntary remediation agreements
52Public consultation and review
53Approvals in principle and certificates of compliance
54Independent remediation procedures
55Removal and deposit of soil
55.1High volume soil receiving sites
56Selection of remediation options
Division 5 — Delegation
57Delegation of responsibilities to municipalities or other ministries
Division 6 — Ministry Authority
58Orphan sites
59Cost recovery if minister carries out remediation
60Government retains right to take future action
Division 7 — General Provision Respecting Contaminated Sites
61Immunity in relation to contaminated sites
62Contaminated site regulations
63Minister's regulations — contaminated sites
63.1Director's interim standards
64Director's protocols
Part 5 — Remediation of Mineral Exploration Sites and Mines
65Definitions and interpretation
66Exploration sites
67Advanced exploration sites
68Producing or past producing mine sites
69Historic mine sites
70Regulations for purposes of Part 5
Part 6 — Clean Air Provisions
71Definitions
72Control of air contaminants
73Fuel emission regulations
74Motor vehicle and engine emission regulations
75Solid fuel burning domestic appliance regulations
76Burning regulations
Part 6.1 — Greenhouse Gas Reduction
Division 1
76.1Not in force. Repealed
Division 2 — Waste Management Facilities
76.2Management of greenhouse gases at waste management facilities
76.21Regulations for purposes of Division 2
Division 3 and 4
76.3-
76.43		Not in force. Repealed
Division 5 — General
76.5This Part does not affect authority under other Parts
Part 7 — Powers in Relation to Managing the Environment
Division 1 — Pollution Assessment, Prevention and Abatement
77Requirement to provide information
78Minister may require environmental impact assessment
79Spill prevention and reporting
80Repealed
81Pollution prevention orders
82Preventing municipal pollution
83Pollution abatement orders
84Abatement of municipal pollution
85Environmental protection orders
86Environmental management plan — in relation to environmental protection order
87Environmental emergency measures
88Recovery of costs — environmental emergency
Division 2 — Area Based Management
89Area based management plans — plan development
90Approval and effect of area based management plan
90.1Permits under area based management plan
90.2Amendments to area based management plan
91Publication obligations
Division 2.1 — Spill Preparedness, Response and Recovery
91.1Definitions
91.11Regulated persons — spill contingency planning
91.2Responsible persons — spill response
91.21When restoration not reasonably achievable
91.3Certificate of recovery
91.31Geographic response plans
91.4Government spill response
91.41Preparedness and response organizations
91.5Complaint to minister respecting fees
91.51Area response plans
91.6Right of entry to respond to spill
91.61Minister's advisory committee respecting spill response
91.7Report to the Legislative Assembly
91.71Requirement to provide information
Division 3 — Regulations for Part 7
92Regulations for purposes of Part 7
92.1Minister's regulations for purposes of Part 7
Part 8 — Appeals
Division 1 — Environmental Appeal Board
93Environmental Appeal Board
93.1Application of Administrative Tribunals Act
94Parties and witnesses
95Repealed
96Decision of appeal board
97Varying and rescinding orders of appeal board
98Appeal board power to enter property
Division 2 — Appeals from Decisions under this Act
99Definition of "decision"
100Appeals to Environmental Appeal Board
101Time limit for commencing appeal
102Procedure on appeals
103Powers of appeal board in deciding appeal
104Repealed
Division 3
105Repealed
Part 9 — Conservation Officer Service
Division 1 — Conservation Officer Service
106Conservation Officer Service
107Powers and duties of conservation officers
Division 2 — General Enforcement Tools
107.01Definition
107.02Search warrant
107.03Warrantless search in exigent circumstances
107.04Inspection of records and warrant to seize records
107.1Application of Offence Act in relation to sections 107.02 and 107.03 and to inspections
107.2Application of Criminal Code — demands and orders
107.3Application of Criminal Code — warrants and authorizations
108Repealed
108.1Certificate evidence of the chief conservation officer
Division 3 — Regulations for Part 9
108.2Regulations for purposes of Part 9
Part 9.1 — Compliance
Division 1 — General Powers
109Inspections
110Minister may enter on private land
111Inspection of vehicles
112Seizures and prevention orders
113Inquiries
114Restraining orders
Division 2 — Administrative Penalties
115Administrative penalties
116Effect of charging an offence
117Recovery of administrative penalties
Division 3 — Economic Instruments
118Environmental certification
Division 4 — Regulations for Part 9.1
119Regulations for purposes of Part 9.1
Part 10 — General
Division 1 — Offences and Penalties
120Offences and penalties
121Offence by a corporation
122Continuing offences
123Offence Act application
124Time limit for prosecuting offence
125Additional fine
126Intentional damage
127Additional sentencing orders
128Variation of section 127 orders
Division 2 — Immunity
129Conservation officers exempt
Division 3 — Miscellaneous
130Evidence
131Confidentiality
132Ownership of waste
133Service of notice
134Charges, fees and costs to be paid to the government
135Interagency agreements
136Waste Management Trust Fund
137Powers that Lieutenant Governor in Council may exercise
Division 4 — Regulation Making Authorities
138General authority to make regulations
139Regulations — general rules
Part 11 — Transitional Provisions and Consequential Amendments
140Transitional
141Transitional regulations
142-178 Consequential Amendments and Repeals
179Commencement

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