Definition

1   In this Act, "environment" includes air, land, water and all other external conditions or influences under which humans, animals and plants live or are developed.

Ministry of Environment

2   (1) There is to be a ministry of the public service of British Columbia called the Ministry of Environment.

(2) The minister is to preside over the ministry and be responsible to the Lieutenant Governor in Council for the direction of the ministry.

Deputy minister and advisory committees

3   (1) A deputy minister may be appointed under the Public Service Act.

(2) The minister may establish committees or councils to advise the minister with respect to any matter included in the minister's duties, powers and functions.

(3) A person serving on a committee or council established under subsection (2)

(a) must, while performing the person's duties, be paid necessary and reasonable travelling and living expenses or a reasonable allowance in respect of them as set by the Lieutenant Governor in Council, and

(b) may be paid remuneration as the minister determines.

Purposes and functions of the ministry

4   (1) The purposes and functions of the ministry are, under the direction of the minister, to administer matters relating to the environment.

(2) Without limiting subsection (1), the purposes and functions of the ministry include the following:

(a) to encourage and maintain an optimum quality environment through specific objectives for the management and protection of land, water, air and living resources of British Columbia;

(b) to undertake inventories and to plan for and assist in planning, as required, for the effective management, protection and conservation of all water, land, air, plant life and animal life;

(c) to manage, protect and conserve all water, land, air, plant life and animal life, having regard to the economic and social benefits they may confer on British Columbia;

(d) to set standards for, collect, store, retrieve, analyze and make available environmental data;

(e) to monitor environmental conditions of specific developments and to assess and report to the minister on general environmental conditions in British Columbia;

(f) to undertake, commission and coordinate environmental studies;

(g) to develop and sustain public information and education programs to enhance public appreciation of the environment;

(h) to plan for, design, construct, operate and maintain structures necessary for the administration of this Act or for another purpose or function assigned by the Lieutenant Governor in Council;

(i) to plan for, coordinate, implement and manage a program to protect the welfare of the public in the event of an environmental emergency or disaster.

Power to acquire property

5   The minister may

(a) acquire and dispose of real property, and

(b) acquire and dispose of personal property if the minister declares that an environmental emergency exists.

Agreements with other governments

6   With the approval of the Lieutenant Governor in Council, the minister on behalf of the government may enter into agreements with the government of Canada, the government of a province or an agent of the government of Canada or a province.

Disclosure of information

6.1   (1) In this section:

"administrative penalty" means a monetary penalty imposed under an enactment for a contravention of the enactment, but does not include a fine;

"enactment" means an enactment administered by the minister by order of the Lieutenant Governor in Council;

"fine" means an amount payable under an enactment or the Offence Act in respect of a conviction, or a violation ticket issued, for an offence against an enactment, whether payable as penalty, compensation, security or otherwise and whether payable to the government, the court or another person or entity, and includes a victim surcharge levy under section 8.1 of the Victims of Crime Act;

"sanction" includes a direction, decision or order.

(2) In accordance with section 33 (2) (e) of the Freedom of Information and Protection of Privacy Act, the minister may disclose the following information with respect to a person who is convicted of an offence, has paid or is liable to pay an administrative penalty or is subject to another sanction under an enactment:

(a) the name of the person;

(b) the provision of the enactment that the person contravened or under which a sanction has been imposed;

(c) the location at which the contravention occurred or the conduct or circumstances that resulted in the sanction arose;

(d) a description of the contravention or the conduct or circumstances that resulted in the sanction;

(e) the fine, sentence, administrative penalty or other sanction to which the person is subject;

(f) if a fine or administrative penalty is overdue, the date it was due and the outstanding amount.

(3) Without limiting subsection (2) or any other power the minister may have to disclose information, the minister may, in accordance with the regulations, publish online or by other means any prescribed information or documents or any prescribed classes of information or documents relating to the administration of a prescribed enactment, other than personal information that, if disclosed, would constitute an unreasonable invasion of personal privacy as described in section 22 (2) to (4) [disclosure harmful to personal privacy] of the Freedom of Information and Protection of Privacy Act.

Lieutenant Governor in Council regulations in respect of publishing information and documents

6.2   The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing information or documents or classes of information or documents that may be published under section 6.1 (3);

(b) respecting the publication of information or documents or classes of information or documents under section 6.1 (3), including prescribing the criteria to be applied in determining whether to publish information or documents or classes of information or documents and the manner of publication;

(c) prescribing enactments for the purposes of section 6.1 (3).

Repealed

7   [Repealed 2000-23-44.]