2.2 British Columbia

2.2.1 Environmental Management Act (EMA)

The EMA is the principal environmental statute in British Columbia. It prohibits the introduction of waste into the environment in such a manner or quantity as to cause pollution, except in accordance with a permit, a regulation or a code of practice established by the government for particular activities. The Waste Discharge Regulation prescribes the activities that may operate under a code of practice and those that must have a permit. The EMA also contains provisions that:

• Establish a specific regime for the handling of hazardous wastes



• Establish rules regarding spills and spill reporting



• Provide for pollution abatement and pollution prevention orders



• Provide for orders requiring remediation of contaminated sites



• Provide for municipal waste management programs



• Provide for enforcement procedures and penalties



• Provide for environmental protection orders



• Provide for orders in the event of an environmental emergency.

The Hazardous Waste Regulation establishes detailed siting and operational requirements and performance standards for facilities, which include onsite management facilities, that deal with special wastes.

Part 4 of the EMA and the Contaminated Sites Regulation establish a detailed regime for the identification, determination and remediation of contaminated sites, and the assessment and allocation of liability for remediation. Remediation orders may require a responsible person to provide information, carry out tests, undertake site investigations, construct or carry out works, and/or carry out remediation. The term "responsible person" is broadly defined and includes current and past owners and operators of a site, plus transporters and producers of contaminants.

The EMA creates a number of offences, including the failure to handle hazardous waste in accordance with the regulations, the failure to comply with a permit, and the failure to report the spill of waste into the environment. Maximum penalties under the EMA are C$3-million and/or three years imprisonment. The EMA also allows for administrative penalties and tickets.

2.2.2 Action on Climate Change

In 2008, a significant amount of new law was introduced specifically aimed at reducing the emissions of GHGs in B.C. The Greenhouse Gas Reduction Targets Act sets a province-wide target of a 33% reduction in the 2007 level of GHG emissions by 2020 and an 80% reduction by 2050. While the Act sets the targets, it does not yet impose requirements on the private sector to achieve the stated goals. The only specific requirements were imposed on public-sector organizations, including Crown corporations, which were required to be carbon neutral by 2010. In this respect, the Act is primarily a form of policy statement to be implemented through further legislative and regulatory initiatives.

The Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act allows the government to set standards for the amount of renewable fuel that must be contained in B.C.’s transportation fuel blends, reduce the carbon intensity of transportation fuels and meet its commitment to adopt a new low carbon fuel standard similar to California’s. The Act provides authority for the Renewable and Low Carbon Fuel Requirements Regulation, under which fuel suppliers must ensure they supply the required minimum renewable fuel content, on a provincial annual average basis, in the fuel they supply in B.C. The renewable fuel requirement for gasoline is a 5% annual average starting on January 1, 2010. The renewable fuel requirement for diesel is a 5% annual average which is being phased-in over a three-year period:

• 3% average starting January 1, 2010;



• 4% average starting January 1, 2011; and



• 5% average starting January 1, 2012.

In addition to the renewable fuel requirement, the low carbon fuel requirement requires fuel suppliers to reduce the average carbon intensity (CI) of transportation fuels by 10% by 2020. Amendments made to the Act in 2010 allow fuel suppliers to retain fuel credits and carry forward a portion of their surplus to future years. The amendments also allow small suppliers to apply for an exemption from the renewable requirements, while requiring those suppliers of renewable fuel to comply with labelling provisions. Further amendments in 2011 allow suppliers to notionally transfer or retain carbon dioxide emissions.

The Greenhouse Gas Reduction (Cap and Trade) Act allows B.C. to participate in the Western Climate Initiative cap-and-trade system which is currently under development. The Western Climate Initiative (WCI) is a partnership which includes seven U.S. states (California, Oregon, Washington, New Mexico, Arizona, Utah, and Montana) and four provinces (British Columbia, Manitoba, Ontario and Quebec). The Act establishes a cap and limit on emissions. Details of B.C.’s cap-and-trade system will be developed in conjunction with the WCI program. Operators (a term to be defined by regulation) will be required to retire “compliance units” for a given period. A B.C. compliance unit will be equal to one tonne of carbon dioxide or its equivalent.

As part of B.C.’s plan to implement the Western Climate Initiative’s cap-and-trade system, a regulation requiring the reporting of GHG emissions was approved under the authority of the Greenhouse Gas Reduction (Cap and Trade) Act in November 2009. The Reporting Regulation came into effect on January 1, 2010 and requires B.C.-based operations emitting 10,000 tonnes or more of carbon dioxide equivalent per year to report GHG emissions to the B.C. Ministry of Environment. Reporting operations with emissions of 25,000 tonnes or greater are required to have emissions reports verified by a third party. Certain sectors are exempt from the initial phase of the Reporting Regulation, including air and marine transportation. In October 2010, two consultation papers were issued for B.C.’s proposed Emissions Trading Regulation and Offsets Regulation, which will provide the framework for the cap-and-trade market in B.C. These regulations are expected to be finalized sometime in late 2011.

The Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act introduces amendments to the Environmental Management Act which require owners or operators of waste management facilities of certain classes to manage GHGs produced from waste handled in their facilities.

The Carbon Tax Act imposes a tax on the purchase of fuel. Tax rates for the years 2008 through 2013 are set out in a schedule to the legislation. According to the B.C. government, the carbon tax is revenue-neutral because it is tied to reductions in personal and business taxes.

The Clean Energy Act was introduced by the B.C. government in April 2010 and came into law on June 3, 2010. In part, the Act replaced amendments to the Utilities Commission Act. The Act sets out B.C.’s energy objectives, requires the British Columbia Hydro and Power Authority (B.C. Hydro) to submit integrated resource plans on how it will meet those objectives and requires the province to achieve electricity self-sufficiency by the year 2016. The Act also prohibits certain projects from proceeding (e.g., the development of energy projects in parks, protected areas or conservancies), ensures that the benefits of the heritage assets are preserved, provides for the establishment of energy efficiency measures and establishes the First Nations Clean Energy Business Fund.

The Utilities Commission Act imposes a mandatory reliability standard for B.C.’s bulk electricity system and, in 2009, the Mandatory Reliability Standards Regulation was issued. This regulation applies reliability standards to a variety of transmission facilities, including bulk power systems, generating units connected to bulk power systems or designated as part of a transmission facility operator’s plan for the restoration of a bulk power system. The regulation requires reports on the reliability standard to be prepared and submitted to the British Columbia Utilities Commission.

2.2.3 Integrated Pest Management Act (IPMA)

The IPMA requires “integrated pest management”, a process that uses a combination of techniques to suppress pests, to be applied to all commercial and industrial pesticide use on all public land, and all private land use by forestry, utilities, transportation and pipelines. The Act does not apply to agricultural use or pesticides used by homeowners. The IPMA prohibits the application of pesticides unless a pest management plan has been prepared (in accordance with a regulation), the pesticide is applied in accordance with the plan and the regulation, and a pesticide use notice has been sent to the government. Where pesticides are to be used in areas of high concern, approval of the plan must be obtained. The IPMA also regulates the licensing for sales and application of pesticides.

2.2.4 Transportation of Dangerous Goods Act (TDGA)

The TDGA regulates the transportation of dangerous goods within British Columbia and gives additional powers to municipalities to regulate the transportation of dangerous goods within their boundaries. Its regulation substantially adopts the rules under the federal TDGA.

2.2.5 Environmental Assessment Act (EAA)

The EAA establishes a comprehensive process for the assessment of the environmental effects of major projects in British Columbia. Projects designated in the Reviewable Projects Regulation or designated as reviewable by ministerial order must undergo an environmental assessment and cannot proceed without an environmental assessment certificate. It is administered by the B.C. Environmental Assessment Office.

2.2.6 Natural Resources Legislation

The Forest and Range Practices Act sets the framework for what the B.C. government calls “results-based” forestry on public land. This concept is to set environmental objectives established by government for soils, timber, fish, biodiversity, cultural heritage, forage and associated plant communities, visual quality, water, wildlife, and resource and recreation features. Operators prepare five-year Forest Stewardship Plans designed to achieve the targets or strategies.

The Private Managed Forest Land Act creates a mechanism for the regulation of forest practices on private land assessed as managed forest. The legislation creates a governing council that establishes and enforces environmentally sustainable forest practices on private managed forest land in accordance with objectives set by the government in the Act.

One of the key provincial statutes governing oil and gas activities is the Petroleum and Natural Gas Act. Although not an exclusively environmental statute, the Act requires proponents to obtain various approvals before undertaking exploration or production work, such as geophysical licences, geophysical exploration project approvals, and permits for the exclusive right to do geological work and geophysical exploration work, and well, test hole, and water-source well authorizations. Such approvals are given subject to environmental considerations and licences and project approvals can be suspended or cancelled for failure to comply with the Act or its regulations.

2.2.7 Water, Fish and Wildlife Legislation

The Water Act establishes licensing or approvals for diversion and use of water, construction of works and alteration or improvements to streams and channels. The Water Protection Act prohibits the removal of water from British Columbia or the construction or operation of large-scale projects capable of transferring water from one watershed to another without a licence. The Drinking Water Protection Act regulates drinking water supply systems, establishing mechanisms for source protection and providing for greater public accountability of water suppliers. The Fish Protection Act is designed to protect and restore fish habitat. It prohibits the construction of dams on specified significant rivers, allows for the designation of sensitive streams and establishes rules for new residential, commercial or industrial development. Under the Riparian Areas Regulation, an assessment of potential impact to fish habitat must be carried out before development can be approved by a local government.

The Wildlife Act regulates the management of wildlife in British Columbia, other than on federal lands. Although much of it relates to hunting, it was amended in 2004 to allow the B.C. Ministry of the Environment to create a threatened and endangered species list. The amendments also contain protections for listed species similar to those under the federal SARA. However, these latter amendments have not yet been brought into force. The Wildlife Act also has specific protections for raptors and their habitats. In 2008, the Environmental (Species and Public Protection) Amendment Act was introduced and amends certain provisions of the Wildlife Act. The amendments are designed to cover regulatory gaps for managing alien species such as snakes and tigers, as well as protecting public and native wildlife.

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