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This archived statute consolidation is current to November 2, 1999 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to October 31, 1997]
Contents
Section | ||
1 (1) In this Act:
"air" means the atmosphere, but does not include the atmosphere in a mine or human made enclosure that is not open to the weather;
"board" means the Environmental Appeal Board established under this Act;
"conservation officer" means a person designated as a conservation officer under section 9 (1);
"director" means a person appointed as a director in the ministry under the Public Service Act;
"environment" includes air, land, water and all other external conditions or influences under which humans, animals and plants live or are developed;
"environmental emergency" means an occurrence or natural disaster that affects the environment and includes the following:
(a) a flood;
(b) a landslide;
(c) a spill or leakage of oil or of a poisonous or dangerous substance;
"land" means the solid part of the earth’s surface and includes the foreshore and land covered by water;
"municipality" includes a regional district;
"regional manager" means a person appointed as a manager in the ministry under the Public Service Act and employed in a regional office of the ministry.
(2) For the purposes of this Act a detrimental environmental impact occurs when a change in the quality of air, land or water substantially reduces the usefulness of the environment or its capacity to support life.
2 The duties, powers and functions of the minister extend to matters relating to the management, protection and enhancement of the environment including, but not limited to, the following:
(a) planning, research and investigation with respect to the environment;
(b) development of policies for the management, protection and use of the environment;
(c) planning, design, construction, operation and maintenance of works and undertakings for the management, protection or enhancement of the environment;
(d) provision of information to the public about the quality and use of the environment;
(e) preparation and publication of policies, strategies, objectives and standards for the protection and management of the environment;
(f) preparation and publication of environmental management plans for specific areas of British Columbia which may include, but need not be limited to, measures with respect to the following:
(i) flood control;
(ii) drainage;
(iii) soil conservation;
(iv) water resource management;
(v) fisheries and aquatic life management;
(vi) wildlife management;
(vii) waste management;
(viii) air management.
3 If the minister considers that a person proposes to do anything that would have a detrimental environmental impact, and that the environmental impact cannot be assessed from information available to the minister, the minister may require the person to supply an environmental impact assessment in respect of that thing, prepared in accordance with the regulations.
4 (1) The minister may, in writing, declare that an existing or proposed work, undertaking, product use or resource use has or potentially has a detrimental environmental impact.
(2) A declaration by the minister under subsection (1)
(a) must state the facts on which it is based,
(b) is conclusive for the purposes of the declaration as to all those questions of fact, and
(c) is binding on all persons and courts.
(3) If a declaration has been made under subsection (1), the minister may, after notifying the person affected but without the necessity of holding a hearing, make an interim order
(a) restricting, modifying or prohibiting the operation of the work or undertaking, or the use of the product or resource, or
(b) generally requiring the person to do anything that the minister requires to be done with respect to the work or undertaking, or the use of the product or resource
in a way specified in the order for a period not exceeding 15 days.
(4) The minister may not extend or renew an interim order.
(5) If a declaration has been made under subsection (1), the Lieutenant Governor in Council may, after notifying the person affected, but without the necessity of holding a hearing and whether or not an interim order has been made or has expired, make an order
(a) restricting, modifying or prohibiting the operation of the work or undertaking, or the use of the product or resource, or
(b) generally requiring the person to do anything that the Lieutenant Governor in Council requires to be done with respect to the work or undertaking, or the use of the product or resource
in a way specified in the order, either permanently or for a specified period.
(6) If an interim order with respect to the same subject matter as an order under subsection (5) is still in force, it expires on the coming into force of the order under subsection (5).
(7) An order under subsection (3) or (5)
(a) may not be made later than one year after the date of the minister’s declaration under subsection (1), and
(b) must state the reasons for making the order.
(8) A person to whom an order under subsection (3) or (5) is expressed to apply must comply with the order, notwithstanding any other enactment.
(9) If the minister has made a declaration, the Lieutenant Governor in Council may direct the minister to prepare an environmental management plan for the locality that is or would be affected by the detrimental environmental impact.
(10) If an environmental management plan has been prepared under subsection (9), the Lieutenant Governor in Council
(a) may approve the plan with or without modification, and
(b) for the purpose of implementing the plan, may order that no licence, permit or power under an enactment is to be issued or exercised except as authorized by and in accordance with the order.
(11) A licence or permit issued contrary to an order under subsection (10) (b), or the exercise of a power contrary to the order, has no effect.
5 (1) The minister may declare, in writing, that an environmental emergency under this section exists if the minister considers that
(a) an environmental emergency exists, and
(b) immediate action is necessary to prevent, lessen or control any hazard that the emergency presents.
(2) If the minister has made a declaration under subsection (1), the minister or any public officer of the ministry authorized by the minister in writing may order any person to provide labour, services, material, equipment or facilities or to allow the use of land for the purpose of preventing, lessening or controlling the hazard presented by the emergency.
(3) On the making of an order under subsection (2),
(a) compensation for labour or services must be made as the Lieutenant Governor in Council provides, and
(b) compensation for material, equipment, facilities or the use of land must, if not agreed on, be set by arbitration under the Commercial Arbitration Act.
(4) An order under subsection (2)
(a) expires 15 days after it is made unless rescinded earlier under subsection (5), and
(b) does not require any person to supply labour who is unfit to do so or under age 19.
(5) The Lieutenant Governor in Council may by order
(a) confirm, modify or rescind an order under subsection (2), and
(b) extend the period of validity of an order under subsection (2), except as to any requirement that a person supply labour, for a period the Lieutenant Governor in Council considers necessary.
(6) A person affected by an order under subsection (2) or (5) must comply with the order despite any other enactment.
6 (1) If the minister certifies that money is required for immediate response to an environmental emergency, the amount the minister certifies to be required may be paid out of the consolidated revenue fund without an appropriation other than this section.
(2) A certificate signed by the minister and showing an amount of money expended by the government under this section is conclusive as to the amount expended.
(3) An amount shown by a certificate referred to in subsection (2) is a debt due to the government recoverable, subject to subsection (4), by action in the Supreme Court from the person whose act or neglect caused or who authorized the events that caused the environmental emergency in proportions the court determines.
(4) If the court is satisfied that the expenditure incurred by the government under this section was either
(a) excessive, taking into consideration the magnitude of the emergency and the results achieved by the expenditure, or
(b) unnecessary, taking into consideration the unlikelihood of significant material loss to any person had the government not acted under this section,
the court may reduce or extinguish the amount of the judgment that it otherwise would have ordered be entered against the person against whom the action has been brought.
(5) For the purpose of subsection (3), anything done or omitted by a person acting in the course of the person’s employment is also the act or omission of the person’s employer.
7 (1) The minister may whenever he or she considers it necessary order an inquiry with respect to the environment and for that purpose the minister or a person appointed by the minister to hold the inquiry has the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
(2) A person appointed under subsection (1) must conduct the inquiry in accordance with terms of reference and any procedural guidelines for the inquiry specified by the minister.
8 The minister, members of the board, conservation officers and other persons the minister designates in writing have for the purposes of this Act the right to enter any property except a private residence.
9 (1) The minister may designate a person employed in the ministry as a conservation officer.
(2) A conservation officer may perform and exercise the duties and powers of the following:
(a) a conservation officer under the Firearm Act;
(b) an inspector under the Fish Inspection Act;
(c) an inspector of fisheries under the Fisheries Act;
(d) an officer under the Water Act;
(e) a conservation officer under the Wildlife Act.
(3) On information on oath that there is reasonable cause to suspect that an offence under this Act has occurred or is about to occur, the Provincial Court may, on being satisfied that an entry and search is likely to provide evidence of the commission of an offence under this Act, issue a warrant authorizing a conservation officer
(a) to enter and search property specified in the warrant, and
(b) to seize and remove anything that the officer has reasonable or probable grounds for believing may provide evidence of the commission of an offence under this Act.
(4) A person required by an Act administered by the minister to keep records must submit the records to a conservation officer for inspection on request.
(5) If a person refuses to submit records for inspection as required under this section, the Provincial Court may, on being satisfied that an inspection of the records is necessary for the administration of the Act that requires them to be kept, issue a warrant authorizing a conservation officer to enter property specified in the warrant and to seize the records.
(6) A conservation officer must, on seizing a record or any other thing under this section, give a receipt.
(7) If a record or any other thing is seized under this section, the minister may, in his or her discretion, order the return of the record or thing on application by a person claiming ownership.
(8) If the minister considers anything seized to be a pollutant or environmental hazard, it must not be returned, and the person claiming it is not entitled to compensation.
10 (1) The production in a proceeding of an order, permit, licence, approval or certificate that is issued under this Act or any other enactment administered by the minister and that purports to be signed by, or a copy that purports to be certified as a true copy and to be signed by,
(a) the minister, a director or a regional manager,
(b) a public officer designated by the minister, or
(c) an analyst designated by the minister under subsection (2),
is without proof of office or signature of the person signing, evidence of the order, permit, licence, approval or certificate and of the matters set out in it.
(2) For purposes of this or any other enactment administered by the minister, the minister may designate as an analyst a person the minister considers qualified.
(3) A person designated as an analyst under subsection (2) may issue a certificate of analysis with respect to a sample held in the person’s custody and analyzed by the person.
11 (1) The Lieutenant Governor in Council must establish an Environmental Appeal Board to hear appeals that under the provisions of any other enactment are to be heard by the board.
(2) In relation to an appeal under another enactment the board has the powers given to it by that other enactment.
(3) The board consists of a chair, one or more vice chairs and other members the Lieutenant Governor in Council appoints.
(4) The Lieutenant Governor in Council may
(a) appoint persons as temporary members to deal with a matter before the board, or for a period or during circumstances the Lieutenant Governor in Council specifies, and
(b) designate a temporary member to act as chair or as a vice chair.
(5) A temporary member has, during the period or under the circumstances or for the purpose for which the person is appointed as a temporary member, all the powers of and may perform all the duties of a member of the board.
(6) The Lieutenant Governor in Council may determine the remuneration and expenses payable to the members of the board.
(7) The chair may organize the board into panels, each comprised of one or more members.
(8) The members of the board are to sit
(a) as a board, or
(b) as a panel of the board.
(9) If members sit as a panel,
(a) 2 or more panels may sit at the same time,
(b) the panel has all the jurisdiction of and may exercise and perform the powers and duties of the board, and
(c) an order, decision or action of the panel is an order, decision or action of the board.
(10) The number of members that constitute a quorum of the board or a panel may be set by regulation of the Lieutenant Governor in Council.
(11) The board, a panel and each member have all the powers, protection and privileges of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
(12) In an appeal, the board or a panel
(a) may hear any person, including a person the board or a panel invites to appear before it, and
(b) on request of
(i) the person,
(ii) a member of the body, or
(iii) a representative of the person or body,
whose decision is the subject of the appeal or review, must give that person or body full party status.
(13) A person or body that is given full party status under subsection (12) may
(a) be represented by counsel,
(b) present evidence,
(c) where there is an oral hearing, ask questions, and
(d) make submissions as to facts, law and jurisdiction.
(14) A person who gives oral evidence may be questioned by the board, a panel or the parties to the appeal.
(14.1) The appeal board may require the appellant to deposit with it an amount of money it considers sufficient to cover all or part of the anticipated costs of the respondent and the anticipated expenses of the appeal board in connection with the appeal.
(14.2) In addition to the powers referred to in subsection (2) but subject to the regulations, the appeal board may make orders for payment as follows:
(a) requiring a party to pay all or part of the costs of another party in connection with the appeal, as determined by the appeal board;
(b) if the appeal board considers that the conduct of a party has been vexatious, frivolous or abusive, requiring the party to pay all or part of the expenses of the appeal board in connection with the appeal.
(14.3) An order under subsection (14.2) may include directions respecting the disposition of money deposited under subsection (14.1).
(14.4) If a person or body given full party status under subsection (12) is an agent or representative of the government,
(a) an order under subsection (14.2) must not be made for or against the person or body, and
(b) an order under subsection (14.2) (a) may instead be made for or against the government.
(14.5) The costs required to be paid by the government under an order under subsection (14.4) (b) must be paid out of the consolidated revenue fund.
(15) If the board or a panel makes an order or decision with respect to an appeal the chair must send a copy of the order or decision to the minister and to the parties.
12 The Lieutenant Governor in Council may, in the public interest, vary or rescind an order or decision of the board.
13 No action may be brought against the board, a panel or any person for anything done or omitted in good faith in the performance or intended performance of a power conferred or a duty imposed under this Act or any other enactment administered by the minister.
14 (1) A person commits an offence if the person does any of the following:
(a) neglects or refuses to supply an environmental impact assessment when required to do so under section 3;
(b) supplies an environmental impact assessment under section 3 that the person knows to be false or misleading, or to contain false or misleading information;
(c) neglects or refuses to comply with an order in accordance with section 4 (8);
(d) neglects or refuses to comply with an order in accordance with section 5 (6);
(e) obstructs a person acting under section 8.
(2) A person who commits an offence under subsection (1) (a), (d) or (e) is liable to a fine of not more than $10 000.
(3) A person who commits an offence under subsection (1) (b) or (c) is liable to a fine of not more than $100 000.
(4) If a corporation is convicted of an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the offence commits the same offence and is liable to the penalty for that offence set out in this section.
(5) If a person contravenes section 4 (8), each day the contravention continues is a separate offence.
15 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing a tariff of fees to be paid with respect to a matter within the jurisdiction of the board;
(b) prescribing practices, procedures and forms to be followed and used by the board.
(c) establishing restrictions on the authority of the board under section 11 (14.1) to (14.4) including, without limiting this,
(i) prescribing limits, rates and tariffs relating to amounts that may be required to be paid or deposited, and
(ii) prescribing what are to be considered costs to the government in relation to an appeal and how those are to be determined.
(3) The minister may make regulations respecting the sampling, analytical, quality control and reporting procedures to be followed by a person required to submit environmental monitoring data as a requirement of an order, permit, licence, approval or certificate issued under this or any other enactment administered by the minister.