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"Point in Time" Regulation Content

Environmental Management Act

Code of Practice for Agricultural Environmental Management

B.C. Reg. 8/2019

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 July 7, 2021
July 15, 2021
Section 2 July 7, 2021
Section 3 July 7, 2021
Section 5 July 7, 2021
Section 8 July 7, 2021
Section 17 July 7, 2021
Section 19 July 7, 2021
Section 27 October 1, 2019
July 7, 2021
Section 32 July 7, 2021
Section 34 July 7, 2021
Section 37 July 7, 2021
Section 40 July 7, 2021
Section 42 July 7, 2021
Section 43 July 7, 2021
Division 2.1 Section 43.1 and 43.2 July 7, 2021
Section 45 July 7, 2021
Section 46 July 7, 2021
Section 47 July 7, 2021
Section 49 July 7, 2021
Section 50 July 7, 2021
Section 51 July 7, 2021
Section 52 July 7, 2021
Section 56 July 15, 2020
July 15, 2021
Section 57 July 7, 2021
July 15, 2021
Section 58 July 15, 2021
Section 59 July 7, 2021
Section 60 July 15, 2021
Section 62 July 7, 2021
Part 7 Division 2 July 7, 2021
Section 67 July 7, 2021
Section 68 July 7, 2021
Section 71 July 7, 2021
Section 72 July 7, 2021
Section 73 July 7, 2021
Section 77 July 7, 2021
Section 77.1 February 28, 2020
July 7, 2021
Section 82 July 7, 2021
Schedule A July 7, 2021

 Section 1 definition of "agricultural by-product", paragraph (a) (viii) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(viii) soilless media, and

 Section 1 definition of "agricultural by-product", paragraph (b) (v) and (vi) were added by BC Reg 179/2021, effective July 7, 2021.

 Section 1 definition of "agricultural composting process", "agricultural land base", "agricultural operation", "grazing area", "outdoor agricultural composting pile" and "seasonal high water table" BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

"agricultural composting process" means a process, other than a process conducted in accordance with the requirements of the Organic Matter Recycling Regulation, whereby agricultural by-products, wood residue, mortalities or processing waste, or a combination of any of them, are

(a) mixed or layered, and

(b) managed to decompose aerobically with either periodic turning or forced aeration;

"agricultural land base" means the following:

(a) if an agricultural operation occurs on a single parcel of land, that parcel;

(b) if an agricultural operation occurs on more than one parcel of land and each parcel is owned, rented or leased by the same person, the combined area of those parcels;

"agricultural operation" means an agricultural operation to which this code applies under section 2 [agricultural operations to which this code applies];

"grazing area" means pasture that is not confined by structures, or rangeland, where livestock or poultry feed primarily by directly consuming plants growing on the pasture or rangeland;

"outdoor agricultural composting pile" means the following, formed for the purpose of an agricultural composting process into a pile or windrow but not contained in a structure:

(a) wood residue, a mixture of agricultural by-products, or both;

(b) mortalities, processing waste or both;

"seasonal high water table" means the 10-year average highest level to which, at any time during a year, the water table below the surface of the ground rises;

 Section 1 definitions of "fish feces" and "water table" were added by BC Reg 179/2021, effective July 7, 2021.

 Section 1 definition of "nutrient source", paragraphs (a), (c) and (h) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(a) fertilizers and soil conditioners;

(c) mixtures produced using agricultural composting processes or digestates from anaerobic digestion;

(h) any other source of nitrogen or phosphorus;

 Section 1 definition of "nutrient source", paragraph (c.1) was added by BC Reg 179/2021, effective July 7, 2021.

 Section 1 definition of "runoff", paragraph (a) BEFORE repealed by BC Reg 179/2021, effective July 7, 2021.

(a) water from equipment, washing or other sources;

 Section 1 definition of "wastewater", paragraph (e) was added by BC Reg 179/2021, effective July 7, 2021.

 Section 1 definition of "experienced person" BEFORE amended by BC Reg 179/2021, effective July 15, 2021.

"experienced person" means a person who

(a) experience in carrying out agricultural operations, or

(b) experience and post-secondary training in agricultural sciences combined;

 Section 2 (1), (2) and (3) (part) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(1) For the purpose of minimizing the introduction of waste into the environment and preventing adverse impacts to the environment and human health, this code requires persons to use environmentally responsible and sustainable agricultural practices when carrying out agricultural operations described in subsection (3).

(2) This code applies to an agricultural operation described in subsection (3) that is carried out in British Columbia

(a) on

(i) an agricultural land base that is owned, rented or leased, and managed, by the person who carries out the agricultural operation, and

(ii) land that is not zoned for residential purposes, and

(b) primarily for the purpose of distributing agricultural products to other persons, whether

(i) directly or indirectly,

(ii) with or without a fee, or

(iii) on a commercial or non-commercial basis.

(3) Subject to subsection (4), the following are agricultural operations for the purposes of this code:

 Section 2 (2.1) was added by BC Reg 179/2021, effective July 7, 2021.

 Section 2 (3) (a) and (b) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(a) rearing and keeping livestock or poultry, and growing and harvesting agricultural products, for

(i) consumption or use by humans, including as food, fibre or fuel,

(ii) use as animal feed,

(iii) use as breeding stock or to produce seedlings or flowers,

(iv) use in landscaping or for ornamental purposes, in the case of plants, or

(v) work or recreational purposes, in the case of horses;

(b) storing

(i) nutrient sources and agricultural by-products, and

(ii) the primary products of livestock, poultry, insects, plants and fungi;

 Section 2 (3) (b.1) was added by BC Reg 179/2021, effective July 7, 2021.

 Section 3 (2) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(2) A person must be registered, and registration must be effective, under section 4 of the Waste Discharge Regulation before doing either of the following activities:

(a) using a boiler or heater for the purposes of an agricultural operation, unless section 4 [deemed registration for use of boiler or heater] or 5 [no registration required if small capacity] of this code applies;

(b) operating a nursery for forest tree seedlings.

 Section 5 was re-numbered as Section 5 (1) and (2) was added by BC Reg 179/2021, effective July 7, 2021.

 Section 8 was re-numbered as Section 8 (1) and (2) was added by BC Reg 179/2021, effective July 7, 2021.

 Section 17 table item 1 (part) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

1Storing agricultural by-products using

 Section 19 was re-numbered as Section 19 (1) and (2) was added by BC Reg 179/2021, effective July 7, 2021.

 Section 27 (2) BEFORE amended by BC Reg 8/2019, effective October 1, 2019.

(2) A person must not apply nutrient sources, other than wood residue, to land in a high-precipitation area during February, March or October unless the nutrients are needed by, and will be available to, the intended crop.

 Section 27 (4) was added by BC Reg 8/2019, effective October 1, 2019.

 Section 27 (3) (part) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(3) Without limiting subsection (2), a person may apply nutrient sources to bare soil in a high-precipitation area in the fall only if the following conditions are met:

 Section 27 (3) (c) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(c) the nutrients will not enter a watercourse or go below the seasonal high water table.

 Section 32 BEFORE re-enacted by BC Reg 179/2021, effective July 7, 2021.

Allowable storage and use of solid agricultural by-products

32   A person may store and use solid agricultural by-products, or carry out an agricultural composting process, only as follows:

(a) solid agricultural by-products that are produced on the person's agricultural land base may be stored, and an agricultural composting process carried out, on that agricultural land base;

(b) solid agricultural by-products that are not produced on the person's agricultural land base may be stored, and an agricultural composting process carried out, on that agricultural land base only if the agricultural by-products or the products of the agricultural composting process are subsequently used only in agricultural operations carried out on that agricultural land base;

(c) solid agricultural by-products may be stored only in a permanent storage structure or as temporary field storage;

(d) manure and bedding from fur bearing animals may be stored in on-ground under-pen storage for no more than 7 months.

 Section 34 (a) and (d) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(a) that any leachate generated during storage is collected or contained until it can be used in applying nutrients to land;

(d) if contaminated runoff, leachate, wastewater or solids escape from storage, they do not enter a watercourse, cross a property boundary, or go below the seasonal high water table;

 Section 37 (1) (c) (ii) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(ii) moved to a permanent storage structure, if permitted under section 32 (a) or (b) [allowable storage and use of solid agricultural by-products], or

 Section 37 (2) (a) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(a) the type and source of the materials being stored;

 Section 40 (a) and (d) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(a) that any leachate generated during the agricultural composting process is collected or contained;

(d) that, if contaminated runoff, leachate or solids escape from the agricultural composting process, they do not enter a watercourse, cross a property boundary or go below the seasonal high water table;

 Section 40 (a.1) and (a.2) were added by BC Reg 179/2021, effective July 7, 2021.

 Section 42 (2) (a) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(a) the type and source of the materials being composted;

 Section 43 (1) (b) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(b) distributes from an agricultural land base any manure or the product of an agricultural composting process.

 Division 2.1, sections 43.1 and 43.2 is enacted by BC Reg 179/2021, effective July 7, 2021.

 Section 45 BEFORE re-enacted by BC Reg 179/2021, effective July 7, 2021.

Allowable storage of wood residue

45   A person may store wood residue only as follows:

(a) in a permanent storage structure;

(b) as temporary field storage for a period of no more than 12 months.

 Section 46 (b) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(b) that wood residue, contaminated runoff, leachate, solids and dust do not enter a watercourse, cross a property boundary or go below the seasonal high water table;

 Section 47 (1) (e) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(e) for any other purpose, other than a purpose permitted under subsection (2).

 Section 47 (2) (part) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(2) Unless it would not be permitted under subsection (1) (a) to (d), a person may use wood residue for the following purposes:

 Section 47 (2) (d) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(d) for composting with agricultural by-products;

 Section 49 (1) (d) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(d) at a rate of application, under meteorological, topographical or soil conditions, or in a manner, that may cause nutrient sources or contaminated runoff, leachate or solids to enter a watercourse, cross a property boundary or go below the seasonal high water table.

 Section 50 (1) (b) and (c) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(b) that nutrient sources are not discharged or applied directly into a watercourse, across a property boundary or below the seasonal high water table;

(c) that drift from nutrient sources sprayed onto land does not enter a watercourse, cross a property boundary or go below the seasonal high water table;

 Section 51 (1) (b) and (c) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(b) that nutrient sources are not discharged or applied directly into a watercourse, across a property boundary or below the seasonal high water table;

(c) that drift from nutrient sources sprayed onto land does not enter a watercourse, cross a property boundary or go below the seasonal high water table;

 Section 52 (1) (b) (i) and (ii) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(i) nutrient sources are not discharged or applied directly into a watercourse, across a property boundary or below the seasonal high water table, and

(ii) contaminated runoff, leachate, solids or drift from sprayed nutrient sources does not enter a watercourse, cross a property boundary or go below the seasonal high water table;

 Section 56 BEFORE re-enacted by BC Reg 8/2019, effective July 15, 2020.

When nutrient management plan is required

56   Subject to section 58 [exemptions or modifications to nutrient management plans], a person who applies nutrient sources to a field must have a nutrient management plan if all of the following conditions are met:

(a) the field is part of an agricultural operation having an agricultural land base totalling 5 ha or more;

(b) the field is located in a vulnerable aquifer recharge area shown on Map B1, as listed in Schedule B;

(c) the result of a nitrate test for the field is 100 kg N/ha or more.

 Section 56 (3) (a) BEFORE amended by BC Reg 8/2019, effective July 15, 2021.

(a) located in a vulnerable aquifer recharge area shown on a map having a number beginning with "B2", as listed in Schedule B, and

 Section 57 (3) was added by BC Reg 179/2021, effective July 7, 2021.

 Section 57 (1) (a) BEFORE amended by BC Reg 179/2021, effective July 15, 2021.

(a) by a qualified professional if the result referred to in section 56 (c) [when nutrient management plan is required] is 150 kg N/ha or more, and

 Section 58 (2) (a) (ii) BEFORE amended by BC Reg 179/2021, effective July 15, 2021.

(ii) the person cannot comply with the requirement because no qualified professional or experienced person, as applicable, is reasonably available to the person, and

 Section 59 (3) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(3) A person who must have a nutrient management plan prepared must have a qualified professional or experienced person, as applicable under section 57 [preparation of nutrient management plan], review the plan and make any necessary changes identified by the review as follows:

(a) at least once every 5 years;

(b) on making any significant change to the person's agricultural operation.

 Section 59 (4) was added by BC Reg 179/2021, effective July 7, 2021.

 Section 60 (1) (b) BEFORE amended by BC Reg 179/2021, effective July 15, 2021.

(b) require a person to have a qualified professional or an experienced person prepare or change a nutrient management plan.

 Section 62 (b) and (d) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(b) that contaminated runoff, leachate, solids and air contaminants do not enter a watercourse, cross a property boundary or go below the seasonal high water table;

(d) that if contaminated runoff, leachate or solids escape from the area, it is collected and contained.

 Part 7, Division 2 heading BEFORE re-enacted by BC Reg 179/2021, effective July 7, 2021.

Division 2 — Slaughter, Mortalities and Processing Waste

 Section 67 (1) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(1) Subject to the limits set out in this section, a person may dispose of mortalities or processing waste on the person's agricultural land base through agricultural composting processes or by burial or incineration.

 Section 68 (d) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(d) that contaminated runoff, leachate, solids and air contaminants from the activity do not enter a watercourse, cross a property boundary or go below the seasonal high water table;

 Section 71 (1) (part) and (2) (part) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(1) A person who disposes of mortalities or processing waste through agricultural composting processes must ensure all of the following:

(2) A person must not dispose of more than 5 tonnes of mortalities or processing waste through agricultural composting processes in any 30-day period unless the person

 Section 71 (1) (b) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(b) that contaminated runoff, leachate and solids from the compost do not enter a watercourse, cross a property boundary or go below the seasonal high water table;

 Section 71 (1) (e) and (f) BEFORE repealed by BC Reg 179/2021, effective July 7, 2021.

(e) that mortalities and processing waste are completely decomposed before application to land;

(f) that composted mortalities and processing waste are applied to land only on, and are not removed from, the agricultural land base on which the composting occurred.

 Section 71 (3) was added by BC Reg 179/2021, effective July 7, 2021.

 Section 72 was renumbered as 72 (1) and (2) was added by BC Reg 179/2021, effective July 7, 2021.

 Section 73 (2) (c) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(c) is not applied to land used to grow crops for human consumption or to graze domestic ruminants.

 Section 73 (4) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(4) A person who applies the product of an agricultural composting process to land must, if the product contains specified risk material, ensure that the product is not applied to land used to grow crops for human consumption or to graze domestic ruminants.

 Section 73 (5) was added by BC Reg 179/2021, effective July 7, 2021.

 Section 77 BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

Agricultural products

77   A person who manages, stores or uses agricultural products for the purposes of an agricultural operation must ensure that contaminated runoff, leachate and solids from the agricultural products do not enter a watercourse, cross a property boundary or go below the seasonal high water table.

 Section 77.1 was enacted by BC Reg 8/2019, effective February 28, 2020.

 Section 77.1 BEFORE re-enacted by BC Reg 179/2021, effective July 7, 2021.

Pesticides

77.1   A person who uses pesticides for the purposes of an agricultural operation must do so in a manner that ensures that spray drift and contaminated runoff does not

(a) enter a watercourse, or

(b) cross a property boundary except as permitted by the owner of the property into which the drift or runoff crosses.

[en. B.C. Reg. 8/2019, App. 3, s. 2.]

 Section 82 (b) BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

(b) permit members of the public to access the maps during the director's regular business hours and without charge.

 Schedule A, section 1, table item 3 BEFORE amended by BC Reg 179/2021, effective July 7, 2021.

3Shuswap Lake BasinA1 (c)February 28, 2019