2020 Legislative Session: 5th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE BRUCE RALSTON

MINISTER OF ENERGY, MINES

AND PETROLEUM RESOURCES

BILL 6 – 2020

MINES AMENDMENT ACT, 2020

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Part 1 – Mines Act Amendments

SECTION 1: [Mines Act,

section 1] adds and amends

definitions.

Section 1 of the Mines Act, R.S.B.C. 1996, c. 293, is amended

(

a) by adding the following definition:

"chief auditor" means the person designated under

section 2.1 as the chief auditor; ,

(

b) by repealing the definition of "chief inspector" and substituting the following:

"chief inspector" means the person designated under

section 3 as the Chief Inspector of Mines; , and

(

c) by adding the following

definitions:

"chief permitting officer" means the person designated under

section 8.2 as the chief permitting officer;

"mineral title" means

(

a) a claim or lease as defined in the Mineral Tenure Act , or

(

b) a lease or licence as defined in the Coal Act ;

"official" means any of the following persons:

(

a) the chief auditor;

(

b) the chief inspector;

(

c) the chief permitting officer;

(

d) an inspector; .

SECTION 2: [Mines Act, sections 2.1 to 2.6]

requires the minister to designate a chief auditor;

establishes the chief auditor's authority to conduct audits;

requires the chief auditor to publish an annual audit plan;

authorizes the chief auditor to delegate powers and duties to any person other than the chief inspector, the chief permitting officer or an inspector;

grants powers to the chief auditor for the purposes of carrying out an audit;

establishes a requirement for the chief auditor to provide a report on each audit to the minister and to publish a copy of the report on a publicly accessible website.

2 The following sections are added:

Chief auditor

2.1

(1) The minister must designate in writing a person appointed under the Public Service Act , as the chief auditor.

(2) The minister may not designate any of the following persons as the chief auditor:

(

a) the chief inspector;

(

b) the chief permitting officer;

(

c) an inspector.

Authority of chief auditor

2.2 The chief auditor may conduct audits for the purpose of evaluating the effectiveness of any of the following:

(

a) the regulatory framework for mining in British Columbia;

(

b) policies, programs, practices and actions to fulfill the objectives of that framework.

Audit plan

2.3 Each year, the chief auditor must

(

a) develop an audit plan identifying the subject matter of the audits to be given priority in that year, and

(

b) publish the audit plan on a publicly accessible website maintained by or on behalf of the chief auditor.

Chief auditor's authority to delegate

2.4

(1) Subject to subsection (2), the chief auditor may delegate in writing to any person a power or duty of the chief auditor under this Act.

(2) The chief auditor may not delegate a power or duty to any of the following persons:

(

a) the chief inspector;

(

b) the chief permitting officer;

(

c) an inspector.

Audits

2.5

(1) For the purpose of conducting an audit, the chief auditor may do any of the following:

(

a) at any reasonable time, enter and inspect the following places:

(

i) land covered by a mineral title;

(ii) a mine;

(

b) inspect records or things;

(

c) require a person to produce a record or thing in the person's possession or control.

(2) The chief auditor, on entering a place under subsection (1), may bring any persons and equipment that the chief auditor considers necessary for the purpose of the audit.

(3) If, in inspecting a place under subsection (1), the chief auditor identifies a hazard and is of the opinion that a delay in remedying the hazard would be dangerous to persons, property or the environment, the chief auditor may issue an order

(

a) for immediate remedial action,

(

b) to suspend the regular work until remedial action is taken, or

(

c) to close the mine or part of it until remedial action is taken.

(4) As soon as practicable after issuing an order under subsection (3), the chief auditor must

(

a) notify the chief inspector that the order was issued, and

(

b) provide to the chief inspector any information requested by the chief inspector respecting the hazard or the order.

Audit reports

2.6

(1) After completing an audit, the chief auditor must provide a report to the minister respecting the following:

(

a) the conclusions reached by the chief auditor;

(

b) the chief auditor's reasons for those conclusions;

(

c) the chief auditor's recommendations, if any, arising from the audit.

(2) The chief auditor must publish, on a publicly accessible website maintained by or on behalf of the chief auditor, the reports provided to the minister under subsection (1).

SECTION 3: [Mines Act,

section 7] specifies that an inspector must carry out an investigation on the direction of the chief inspector, and authorizes an investigation of an incident that has or had the potential to cause serious personal injury, loss of life or property or environmental damage.

Section 7 is repealed and the following substituted:

Investigations

7 On the direction of the chief inspector, an inspector must investigate and report on an incident that has caused, or has or had the potential to cause, serious personal injury, loss of life or property or environmental damage.

SECTION 4: [Mines Act, sections 8.2 and 8.3]

requires the minister to designate a chief permitting officer;

establishes authority for the chief permitting officer to delegate any powers to an inspector.

4 The following sections are added:

Chief permitting officer

8.2 The minister must designate in writing a person appointed under the Public Service Act , as the chief permitting officer.

Chief permitting officer's authority to delegate

8.3 The chief permitting officer may delegate in writing to an inspector any of the powers conferred on the chief permitting officer under this Act.

SECTION 5: [Mines Act,

section 9] is consequential to the addition by this Bill of

section 8.2 to the Act.

Section 9 is amended by striking out " chief inspector " wherever it appears and substituting " chief permitting officer ".

SECTION 6: [Mines Act,

section 10]

is consequential to the addition by this Bill of

section 8.2 to the Act;

repeals a subsection the content of which has been moved to

section 10.1, as added to the Act by this Bill.

Section 10 is amended

(

a) by striking out " chief inspector " wherever it appears and substituting " chief permitting officer ", and

(

b) by repealing subsection (8).

SECTION 7: [Mines Act,

section 10.1]

relocates the content of a subsection previously located in

section 10, and adds authority for the chief inspector to issue an order to remedy a failure to comply with the reclamation requirements in the code or regulations or the conditions of a permit;

adds authority for the chief inspector to enter on or below the surface of a mine and cause work to be performed or completed;

clarifies that the authority in

section 10.1 does not affect the authority of an inspector under the Act.

7 The following

section is added:

Chief inspector's authority on failure to comply with code, regulations or permit

10.1

(1) If the owner, agent, manager or permittee fails to comply with any of the following to the satisfaction of the chief inspector, the chief inspector may issue an order to remedy the failure by the date specified in the order:

(

a) the requirements respecting reclamation in the code or regulations;

(

b) the conditions of the permit, including the conditions respecting reclamation.

(2) If the chief inspector issues an order under subsection (1) and the person to whom the order was issued has not complied with the order by the date specified in the order, the chief inspector may do one or more of the following:

(

a) order the owner, agent, manager or permittee to stop the mining operation;

(

b) enter on or below the surface of the mine and cause the required work to be performed or completed;

(

c) apply all or part of the security toward payment of the cost of the work required to be performed or completed;

(

d) close the mine;

(

e) cancel the permit.

(3) Nothing in this

section affects the powers or duties of an inspector under this Act.

SECTION 8: [Mines Act, sections 11 and 11.1] is consequential to the addition by this Bill of

section 8.2 to the Act.

8 Sections 11 and 11.1 are amended by striking out " chief inspector " and substituting " chief permitting officer ".

SECTION 9: [Mines Act,

section 12] is consequential to the addition by this Bill of

section 10.1 to the Act.

Section 12 (4) (

b) is amended by striking out "

section 10 (8) (b) " and substituting "

section 10.1 (2) (b) ".

SECTION 10: [Mines Act,

section 15]

adds an express authority for an inspector to examine records or things and to require a person to produce a record or thing;

adds authority for an inspector to bring persons or equipment for the purpose of an inspection;

amends the time limit for an inspector to complete an inspection report by changing "days" to "business days";

adds a requirement for an inspector to issue an order where the inspector considers that a delay in remedying a hazard would be dangerous to the environment;

amends the time limit for a manager to submit a report in response to an inspection report by changing "days" to "business days";

defines "business day" for the purposes of the provision.

Section 15 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) For the purposes of administering or enforcing this Act, the regulations, the code, a permit or an order issued under this Act, an inspector may do any of the following:

(

a) at any reasonable time, enter and inspect the following places:

(

i) a mine;

(ii) a site at which the inspector considers mining activity to be taking place, including mining activity not authorized by a permit;

(

b) inspect records or things at a place referred to in paragraph (a);

(

c) require a person at a place referred to in paragraph (

a) to produce a record or thing in the person's possession or control. ,

(

b) by adding the following subsection:

(1.1) An inspector who enters a place under subsection (1) may bring any persons and equipment that the inspector considers necessary for the purpose of the inspection. ,

(

c) in subsection (4) by striking out " within 7 days " and substituting " within 7 business days of completing the inspection ",

(

d) in subsection (5) by striking out " dangerous to persons or property " and substituting " dangerous to persons, property or the environment ",

(

e) in subsection (6) by striking out " Within 15 days " and substituting " Within 15 business days ", and

(

f) by adding the following subsection:

(8) For the purposes of subsections (4) and (6), a business day is a day other than Saturday or a holiday.

SECTION 11: [Mines Act,

section 17]

adds authority for the chief inspector to enter a mine and take action in an emergency at a mine;

adds authority for the chief inspector to realize security to cover the costs of work done under

section 17 of the Act and to order a person to replace the security by a specified time.

Section 17 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) The chief inspector may take an action described in subsection (1.1) if the chief inspector considers that any of the following applies:

(

a) there is an emergency at a mine;

(

b) work may be necessary in, on or about a closed or abandoned mine in order to prevent danger to persons or property or to abate pollution of the land and watercourses affected by the mine.

(1.1) For the purpose of subsection (1), the chief inspector may do either or both of the following:

(

a) issue an order restricting or prohibiting a person from carrying out an action referred to in the order;

(

b) enter on or below the surface of the mine and cause work to be done to remove or alleviate the danger or remedy the pollution. , and

(

b) by adding the following subsection:

(6) For the purpose of recovering the costs referred to in subsection (2), the chief inspector may do one or more of the following:

(

a) order the owner, agent, manager or permittee to pay the costs;

(

b) realize all or part of the security provided under

section 10 and order the owner, agent, manager or permittee to replace, by the time specified in the order, the security realized under this paragraph.

SECTION 12: [Mines Act,

section 18]

adds authority for an inspector to order the preparation of a professional report respecting actual or potential environmental damage resulting from mining activity;

makes an amendment consequential to amendments made by this Bill to

section 7 of the Act.

Section 18 is amended

(

a) by striking out " or " at the end of paragraph (

a) and by adding the following paragraph:

(a.1) respecting actual or potential environmental damage resulting from mining activity at the mine, or , and

(

b) in paragraph (

b) by striking out " accident or a dangerous occurrence " and substituting " incident ".

SECTION 13: [Mines Act,

section 19] removes an unnecessary provision.

Section 19 is repealed.

SECTION 14: [Mines Act,

section 23] requires the designation of an acting manager to be in writing.

Section 23 is amended by striking out " appoint a qualified person " and substituting " designate in writing a qualified person ".

SECTION 15: [Mines Act,

section 24]

establishes a requirement for the owner, agent, manager or permittee to take all reasonable measures to ensure compliance with the permit for the mine;

establishes a requirement for supervisors and employees to take all reasonable measures to comply with the requirements of the permit for the mine relating to the work they perform or over which they have supervision;

establishes a requirement for the owner, agent, manager or permittee to carry out reclamation in accordance with the regulations, the code, the permit for the mine and orders issued under the Act;

clarifies that the obligation to carry out reclamation applies whether or not security has been provided, security has been realized or the chief inspector has caused work to be done.

Section 24 is repealed and the following substituted:

Compliance

(1) An owner, agent, manager or permittee must take all reasonable measures to ensure compliance with the following:

(

a) this Act, the regulations and the code;

(

b) the permit issued for the mine;

(

c) an order issued under this Act in relation to the mine.

(2) A person who performs or supervises work in, on or about a mine must take all reasonable measures to ensure compliance with the requirements applicable to the person's work or supervision under the following:

(

a) this Act, the regulations and the code;

(

b) the permit issued for the mine;

(

c) an order issued under this Act in relation to the mine.

(3) Without limiting subsection (1), the owner, agent, manager or permittee must carry out reclamation in accordance with the regulations, the code, the permit for the mine, and the orders issued under this Act in relation to the mine.

(4) This

section applies whether or not any of the following applies in relation to the mine:

(

a) security has been provided under

section 10 (5);

(

b) the chief inspector has exercised a power under

section 10.1;

(

c) the chief inspector has caused work to be done under

section 17.

SECTION 16: [Mines Act,

section 33] establishes a right to appeal a decision of the chief auditor.

Section 33 (1) is repealed and the following substituted:

(1) A person who is adversely affected by a decision or order of an inspector or an order of the chief auditor may, within 30 days of its issue, appeal the decision or order to the chief inspector.

SECTION 17: [Mines Act,

section 37]

establishes that it is an offence to obstruct, impede or interfere with an official, and to provide false or misleading information or records to an official, when the official is carrying out a duty or exercising a power;

establishes that it is an offence to contravene a condition of a permit;

extends the time limit for laying an information for an offence;

makes a housekeeping amendment.

Section 37 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) A person commits an offence if the person obstructs, impedes or otherwise interferes with, or knowingly provides false or misleading information or records to, an official while the official is exercising a power or performing a duty under this Act. ,

(

b) by repealing subsection (2) and substituting the following:

(2) A person who contravenes any of the following commits an offence:

(

a) a provision of this Act, the regulations or the code;

(

b) a condition of a permit;

(

c) an order made under this Act. ,

(

c) in subsection (3.1) by striking out " 3 years after the date " and substituting " 5 years after the date ", and

(

d) in subsection (4) by striking out " not more " and substituting " of not more ".

SECTION 18: [Mines Act,

section 37.1] provides that

section 5 of the Offence Act does not apply.

18 The following

section is added:

Section 5 of Offence Act does not apply

37.1

Section 5 of the Offence Act does not apply to this Act or the regulations.

Part 2 – Transitional Provision

SECTION 19: [Transition – authority to amend code] establishes a time-limited authority for the Lieutenant Governor in Council to amend the code for the purpose of transferring powers and duties of the chief inspector to the chief permitting officer, to ensure that the provisions of the code are consistent with the amendments made by this Bill to the Mines Act .

Transition – authority to amend code

(1) In this section, "code" has the same meaning as in the Mines Act .

(2) Despite

section 34 of the Mines Act , the Lieutenant Governor in Council may by order amend the code for the purpose of reassigning powers and duties of the chief inspector to the chief permitting officer as the Lieutenant Governor in Council considers necessary or advisable to ensure that the provisions of the code are consistent with the Mines Act .

(3) The authority to amend the code under subsection (2) ends one year after the date on which this

section comes into force.

Part 3 – Consequential and Related Amendments

Environmental Management Act

SECTION 20: [Environmental Management Act,

section 48] is consequential to the addition by this Bill of

section 8.2 to the Mines Act .

Section 48 (3) (

d) of the Environmental Management Act, S.B.C. 2003, c. 53, is repealed and the following substituted:

(

d) in consultation with the chief permitting officer designated under the Mines Act , the requirements of a permit issued under

section 10 of that Act; .

SECTION 21: [Environmental Management Act,

section 124] extends the time limit for laying an information for an offence.

Section 124 (1) (

a) is amended by striking out " 3 years after the date " and substituting " 5 years after the date ".

Flathead Watershed Area Conservation Act

SECTION 22: [Flathead Watershed Area Conservation Act,

section 2] is consequential to the addition by this Bill of

section 8.2 to the Mines Act .

Section 2 (3) of the Flathead Watershed Area Conservation Act, S.B.C. 2011, c. 20, is amended by striking out " chief inspector " and substituting " chief permitting officer ".

Miscellaneous Statutes Amendment Act (No. 2), 2002

SECTION 23: [Miscellaneous Statutes Amendment Act (No. 2), 2002,

section 55] repeals amendments to

section 10 of the Mines Act that were enacted in 2002 but not brought into force.

Section 55 of the Miscellaneous Statutes Amendment Act (No. 2), 2002, S.B.C. 2002, c. 48, is repealed.

Commencement

24 This Act comes into force on the date of Royal Assent.

Explanatory Notes

SECTION 1: [Mines Act,

section 1] adds and amends

definitions.

SECTION 2: [Mines Act, sections 2.1 to 2.6]

requires the minister to designate a chief auditor;

establishes the chief auditor's authority to conduct audits;

requires the chief auditor to publish an annual audit plan;

authorizes the chief auditor to delegate powers and duties to any person other than the chief inspector, the chief permitting officer or an inspector;

grants powers to the chief auditor for the purposes of carrying out an audit;

establishes a requirement for the chief auditor to provide a report on each audit to the minister and to publish a copy of the report on a publicly accessible website.

SECTION 3: [Mines Act,

section 7] specifies that an inspector must carry out an investigation on the direction of the chief inspector, and authorizes an investigation of an incident that has or had the potential to cause serious personal injury, loss of life or property or environmental damage.

SECTION 4: [Mines Act, sections 8.2 and 8.3]

requires the minister to designate a chief permitting officer;

establishes authority for the chief permitting officer to delegate any powers to an inspector.

SECTION 5: [Mines Act,

section 9] is consequential to the addition by this Bill of

section 8.2 to the Act.

SECTION 6: [Mines Act,

section 10]

is consequential to the addition by this Bill of

section 8.2 to the Act;

repeals a subsection the content of which has been moved to

section 10.1, as added to the Act by this Bill.

SECTION 7: [Mines Act,

section 10.1]

relocates the content of a subsection previously located in

section 10, and adds authority for the chief inspector to issue an order to remedy a failure to comply with the reclamation requirements in the code or regulations or the conditions of a permit;

adds authority for the chief inspector to enter on or below the surface of a mine and cause work to be performed or completed;

clarifies that the authority in

section 10.1 does not affect the authority of an inspector under the Act.

SECTION 8: [Mines Act, sections 11 and 11.1] is consequential to the addition by this Bill of

section 8.2 to the Act.

SECTION 9: [Mines Act,

section 12] is consequential to the addition by this Bill of

section 10.1 to the Act.

SECTION 10: [Mines Act,

section 15]

adds an express authority for an inspector to examine records or things and to require a person to produce a record or thing;

adds authority for an inspector to bring persons or equipment for the purpose of an inspection;

amends the time limit for an inspector to complete an inspection report by changing "days" to "business days";

adds a requirement for an inspector to issue an order where the inspector considers that a delay in remedying a hazard would be dangerous to the environment;

amends the time limit for a manager to submit a report in response to an inspection report by changing "days" to "business days";

defines "business day" for the purposes of the provision.

SECTION 11: [Mines Act,

section 17]

adds authority for the chief inspector to enter a mine and take action in an emergency at a mine;

adds authority for the chief inspector to realize security to cover the costs of work done under

section 17 of the Act and to order a person to replace the security by a specified time.

SECTION 12: [Mines Act,

section 18]

adds authority for an inspector to order the preparation of a professional report respecting actual or potential environmental damage resulting from mining activity;

makes an amendment consequential to amendments made by this Bill to

section 7 of the Act.

SECTION 13: [Mines Act,

section 19] removes an unnecessary provision.

SECTION 14: [Mines Act,

section 23] requires the designation of an acting manager to be in writing.

SECTION 15: [Mines Act,

section 24]

establishes a requirement for the owner, agent, manager or permittee to take all reasonable measures to ensure compliance with the permit for the mine;

establishes a requirement for supervisors and employees to take all reasonable measures to comply with the requirements of the permit for the mine relating to the work they perform or over which they have supervision;

establishes a requirement for the owner, agent, manager or permittee to carry out reclamation in accordance with the regulations, the code, the permit for the mine and orders issued under the Act;

clarifies that the obligation to carry out reclamation applies whether or not security has been provided, security has been realized or the chief inspector has caused work to be done.

SECTION 16: [Mines Act,

section 33] establishes a right to appeal a decision of the chief auditor.

SECTION 17: [Mines Act,

section 37]

establishes that it is an offence to obstruct, impede or interfere with an official, and to provide false or misleading information or records to an official, when the official is carrying out a duty or exercising a power;

establishes that it is an offence to contravene a condition of a permit;

extends the time limit for laying an information for an offence;

makes a housekeeping amendment.

SECTION 18: [Mines Act,

section 37.1] provides that

section 5 of the Offence Act does not apply.

SECTION 19: [Transition – authority to amend code] establishes a time-limited authority for the Lieutenant Governor in Council to amend the code for the purpose of transferring powers and duties of the chief inspector to the chief permitting officer, to ensure that the provisions of the code are consistent with the amendments made by this Bill to the Mines Act .

SECTION 20: [Environmental Management Act,

section 48] is consequential to the addition by this Bill of

section 8.2 to the Mines Act .

SECTION 21: [Environmental Management Act,

section 124] extends the time limit for laying an information for an offence.

SECTION 22: [Flathead Watershed Area Conservation Act,

section 2] is consequential to the addition by this Bill of

section 8.2 to the Mines Act .

SECTION 23: [Miscellaneous Statutes Amendment Act (No. 2), 2002,

section 55] repeals amendments to

section 10 of the Mines Act that were enacted in 2002 but not brought into force.

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