144/2004

M71/2004

March 26, 2004

Community Charter

Spheres of Concurrent Jurisdiction — Environment and Wildlife Regulation

[Last amended June 18, 2024 by B.C. Reg. 155/2024]

49_144_2004_pit

Interpretation

Definition

In this regulation, Act means the Community Charter .

[en. B.C. Reg. 219/2021, s. 1.]

Pest Management

Definitions for

Part 2

1.1

In this Part:

alien invasive species means the species listed in sections 1 and 2 of the Schedule;

dangerous wildlife has the same meaning as in the Wildlife Act ;

excluded pesticide has the same meaning as in the Integrated Pest Management Regulation, B.C. Reg. 604/2004.

[en. B.C. Reg. 219/2021, s. 1.]

Municipal jurisdiction in relation to the environment and wildlife

For the purposes of

section 9 (4) (a) (

i) of the Act, a municipality may,

under

section 8 (3) (

j) of the Act, regulate, prohibit and impose requirements in relation to polluting or obstructing, or impeding the flow of, a stream, creek, waterway, watercourse, waterworks, ditch, drain or sewer, whether or not it is located on private property,

regulate, prohibit and impose requirements in relation to,

under

section 8 (3) (

j) of the Act, the sale of wild flowers,

subject to subsection (2), under

section 8 (3) (

j) of the Act, the application of pesticides, except excluded pesticides, for the purpose of maintaining outdoor trees, shrubs, flowers, other ornamental plants and turf on a parcel or a part of a parcel if the parcel or

part is used for residential purposes, or on land vested in the municipality,

iii

under

section 8 (3) (

j) and (

k) of the Act, the control and eradication of alien invasive species, and

under

section 8 (3) (

k) of the Act, the control of wildlife species listed in

Schedule B or C to the Designation and Exemption Regulation, B.C. Reg. 168/90, and

under

section 8 (3) (

k) of the Act, regulate, prohibit and impose requirements respecting the feeding or attracting of dangerous wildlife or members of the family Cervidae.

For the purposes of

section 9 (4) (

b) of the Act, a municipality may not exercise the authority under subsection (1) (b) (ii) of this regulation in relation to the application of pesticides

for the management of pests that transmit human diseases or impact agriculture or forestry,

on the residential areas of farms,

to buildings or inside buildings, or

on land used for agriculture, forestry, transportation, public utilities or pipelines unless the public utility or pipeline is vested in the municipality.

For the purposes of subsection 9 (4) (

b) of the Act, the exercise of the authority under subsection (1) (

c) is subject to the condition that the bylaw must exempt from its application all the following:

a person who is engaging in hunting or trapping wildlife in accordance with the Wildlife Act and its regulations;

a farm operation, as defined in

section 1 of the Farm Practices Protection (Right to Farm) Act , that

is conducted on, in or over land anywhere in British Columbia, and

meets the requirements set out in

section 2 (2) (

a) and (

c) of that Act;

a facility for the disposal of waste that is operated in accordance with the Environmental Management Act by a municipality, a regional district, an improvement district that has as an object the disposal of sewage or refuse or the provision of a system for the disposal of sewage or refuse or the Greater Vancouver Sewerage and Drainage District.

[am. B.C. Regs. 326/2005, s. (b); 235/2008, ss. 2 to 4.]

Single-use and Plastic Waste Prevention

Definitions for

Part 3

In this Part:

biodegradable plastic means any type of plastic that is, or is held out to be, biodegradable;

business operator means a person who, in the ordinary course of business, sells

a commodity or product, whether by wholesale or retail;

care facility means any of the following:

an assisted living residence as defined in

section 1 of the Community Care

and Assisted Living Act ;

a community care facility as defined in

section 1 of the Community Care

and Assisted Living Act ;

a hospital as defined in

section 1 of the Hospital Act ;

a private hospital as defined in

section 4.1 of the Hospital Act ;

a Provincial mental health facility as defined in

section 1 of the Mental Health Act ;

compostable plastic means any type of plastic that is, or is held out to be,

compostable;

correctional facility means a lawful place of confinement, including, without

limitation, a jail, prison, lockup, place of imprisonment, camp or correctional

institution, and any land connected with it;

customer includes a person to whom a commodity or product is distributed for

free;

fish means fish as defined in

section 1 of the Fish and Seafood Act ;

food service accessory means any of the following products:

a beverage cup lid;

a beverage cup sleeve;

a condiment;

a drinking straw;

a garnish;

a napkin;

a utensil;

a wet wipe;

food service provider means a person

who, in the ordinary course of business, prepares and serves food or

beverages to individuals, or

in the case of a person who is not a business operator, whose activities

ordinarily include preparing and serving food or beverages to individuals

who are not members of the person's household;

food service ware means any of the following types of container or packaging:

a bowl;

a box or carton, including an egg carton;

a cup;

a hinged or lidded container;

a plate;

a platter;

a tray;

film wrap;

oxo-degradable plastic means a plastic that contains an additive that, through

oxidation, leads to chemical decomposition or to the fragmentation of the plastic

material into microfragments;

packaging , except in

section 9 (4) (b), means packaging as defined in

section 1 (1)

of the Environmental Management Act ;

plastic includes any type of compostable plastic and any type of biodegradable

plastic;

prepare , when used in relation to food or beverages, means

cook, slice, chop, mix, brew, squeeze or otherwise make ready to eat or

drink, or

remove from a container or packaging and place or repackage in a different

container or package;

recycled paper bag means a paper bag

that is composed of at least 40% recycled paper content, and

on the outside of which is printed a reference to the applicable percentage

of recycled content and the word "recyclable";

restricted material means any of the following materials:

biodegradable plastic;

compostable plastic;

polystyrene foam;

polyvinyl chloride;

polyvinylidene chloride;

reusable bag means a bag that is manufactured to be used and machine-washed

at least 100 times;

sell includes offer for sale;

shopping bag means a bag that is distributed or sold by a business operator for the

purpose of facilitating the transport of a commodity or product that is distributed

or sold by the business operator, from the business operator's place of business;

single-use , when used in reference to an item, means the item is ordinarily

disposed of after a single use or short-term use, whether or not it could be reused;

splash plug means any type of plug manufactured to prevent a beverage from

spilling from the lid of its container;

used bag means a bag that has been previously used and is being reused;

utensil includes a spoon, fork, knife, chopstick, stir stick and splash plug.

[en. B.C. Reg. 155/2024.]

Application

The authority to establish a prohibition under

section 10, 11 or 12 does not apply to

food service accessories sold by a food service provider in quantities of 20 or more.

[en. B.C. Reg. 155/2024.]

Authority of municipality

For the purposes of

section 9 (4) (a) (

i) of the Act, a municipality may, under

section 8 (3) (

j) of the Act, regulate, prohibit and impose requirements in relation to the protection of the natural environment in accordance with this Part.

[en. B.C. Reg. 155/2024.]

Packaging and single-use products

composed of oxo-degradable plastic

A municipality may prohibit a business operator from distributing or selling packaging, or a single-use product, that is wholly or partly composed of oxo-degradable plastic.

For the purposes of

section 9 (4) (

b) of the Act, the exercise of the authority under

subsection (1) is subject to the condition that the bylaw must exclude from its

application all of the following:

a device as defined in the Pharmaceutical Services Act ;

packaging or a single-use product intended for sale or distribution to a

person outside British Columbia.

[en. B.C. Reg. 155/2024.]

Shopping bags

A municipality may do any of the following:

prohibit a business operator from distributing or selling a shopping bag

other than a recycled paper bag or reusable bag;

require that a business operator report to the municipality respecting the

sale or distribution of shopping bags.

For the purposes of

section 9 (4) (

b) of the Act, the exercise of the authority under

subsection (1) (

a) is subject to the following conditions:

the bylaw must permit a business operator to provide a recycled paper bag

or reusable bag on payment of a charge for the bag, as follows:

at least $0.25 for each recycled paper bag;

at least $2 for each reusable bag;

the bylaw must include an exemption from the payment of the charge if any

of the following apply:

the bag is a used bag;

the bag is a paper bag that is less than 15 cm by 20 cm when flat;

iii

the bag is a recycled paper bag and is distributed to facilitate the

transport of any of the following:

a drug specified in

Schedule I, IA, II or III of the Drug

Schedules Regulation;

a device as defined in the Pharmaceutical Services Act ;

the business operator is a food service provider, and the bag is a

recycled paper bag that is distributed for any of the following

purposes:

to facilitate the transport of food or beverages that are prepared

by the business operator and purchased for delivery;

to contain prepared food or beverages served to a customer

through a window at a drive-through restaurant;

the bag

is a recycled paper bag, reusable bag or used bag, and

contains food, beverages or personal hygiene products that are

to be provided directly or indirectly to an individual for free or

at reduced cost by a society or by a registered charity as defined

section 248 (1) of the Income Tax Act (Canada).

[en. B.C. Reg. 155/2024.]

Bag charge not a fee payable to municipality

An amount referred to in

section 7 (2) (

a) must not be collected by the municipality as

a fee payable to the municipality.

[en. B.C. Reg. 155/2024.]

Food service ware composed of specified material

A municipality may do any of the following:

prohibit a food service provider from distributing or selling food or

beverages if the food or beverages are

prepared by the food service provider for takeout, delivery or

immediate consumption, and

contained or packaged in food service ware that is wholly or partly

composed of a restricted material specified in the bylaw;

prohibit a business operator from distributing or selling food or beverages

that are contained or packaged in food service ware that is wholly or partly

composed of a restricted material specified in the bylaw;

prohibit a business operator from distributing or selling food service ware

that is wholly or partly composed of a restricted material specified in the

bylaw.

For the purposes of

section 9 (4) (

b) of the Act, the exercise of the authority under

subsection (1) (

a) is subject to the condition that the bylaw must, subject to

subsection (5), exclude from its application all of the following:

food service ware that is wholly composed of paper or a plant fibre material

and lined with compostable plastic;

food or beverages intended for sale or distribution to a person outside

British Columbia;

film wrap that is wholly composed of polyvinyl chloride.

For the purposes of

section 9 (4) (

b) of the Act, the exercise of the authority under

subsection (1) (

b) is subject to the condition that the bylaw must, subject to

subsections (5) and (6), exclude from its application all of the following:

food or beverages intended for sale or distribution to a person outside

British Columbia;

film wrap that is wholly composed of polyvinyl chloride;

a tray that is wholly composed of polystyrene foam and used to contain any

of the following types of food, whether fresh or frozen:

raw meat;

raw poultry;

iii

raw fish in a state not ready to be eaten.

For the purposes of

section 9 (4) (

b) of the Act, the exercise of the authority under

subsection (1) (

c) is subject to the condition that the bylaw must, subject to

subsections (5) and (6), exclude from its application all of the following:

food service ware intended for sale or distribution to a person outside

British Columbia;

food service ware sold or distributed to a business operator for the purpose

of containing or packaging food or beverages intended for sale to a person

outside British Columbia;

film wrap that is wholly composed of polyvinyl chloride;

a tray that is wholly composed of polystyrene foam and sold or distributed

to a business operator for the purpose of containing any of the following

types of food, whether fresh or frozen:

raw meat;

raw poultry;

iii

raw fish in a state not ready to be eaten.

An exclusion referred to in subsection (2) (c), (3) (

b) or (4) (

c) must cease to

apply on July 1, 2028.

An exclusion referred to in subsection (3) (

c) or (4) (

d) must cease to apply on

July 1, 2030.

[en. B.C. Reg. 155/2024.]

Single-use food service accessories

A municipality may prohibit a food service provider from distributing or selling

a single-use food service accessory.

For the purposes of

section 9 (4) (

b) of the Act, the exercise of the authority under

subsection (1) is subject to the condition that the bylaw must provide an

exception permitting the distribution or sale of a single-use food service

accessory in any of the following circumstances:

a customer requests, or accepts an offer of, the food service accessory,

including by making a request or accepting an offer electronically;

the food service accessory is made available in a self-service manner;

the food service accessory is a beverage cup lid and is distributed with a

beverage that is

purchased for delivery, or

served through a window to a customer at a drive-through restaurant;

the food service accessory is distributed or sold at a care facility for use by

a person admitted to or receiving assistance, care, supervision, treatment,

maintenance or rehabilitation at the care facility;

the food service accessory is a utensil for use by a person confined in a

correctional facility and at risk of self-harm or harming another person.

[en. B.C. Reg. 155/2024.]

Plastic single-use utensils

A municipality may prohibit a food service provider from distributing or selling

a single-use utensil that is wholly or partly composed of plastic.

For the purposes of

section 9 (4) (

b) of the Act, the exercise of the authority under

subsection (1) is subject to the condition that the bylaw must provide an

exception permitting the distribution or sale of a single-use utensil wholly or

partially composed of plastic for use by a person confined in a correctional

facility and at risk of self-harm or harming another person.

[en. B.C. Reg. 155/2024.]

Bundled single-use food service accessories

A municipality may prohibit a food service provider from distributing or selling

a single-use food service accessory that is bundled or pre-packaged together with

one or more other single-use food service accessories.

For the purposes of

section 9 (4) (

b) of the Act, the exercise of the authority under

subsection (1) is subject to the condition that the bylaw must provide an

exception permitting the distribution or sale, at a care facility, of a single-use food

service accessory that is bundled or pre-packaged together with one or more other

single-use food service accessories for use by

a person admitted to the care facility, or

a person receiving assistance, care, supervision, treatment, maintenance or

rehabilitation at the care facility.

[en. B.C. Reg. 155/2024.]

Schedule

1 The following species are, for the purposes of this regulation, alien invasive species.

Plants

Annual Sow Thistle (Sonchus oleraceus)

Canada Thistle (Cirsium arvense)

Common Crupina (Crupina vulgaris)

Common Toadflax (Linaria vulgaris)

Dalmatian Toadflax (Linaria dalmatica)

Diffuse Knapweed (Centaurea diffusa)

Dodder (Cuscuta spp.)

Gorse (Ulex europaeus)

Hound's-tongue (Cynoglossum officinale)

Jointed Goatgrass (Aegilops cylindrica)

Leafy Spurge (Euphorbia esula)

Perennial Sow Thistle (Sonchus arvensis)

Purple Nutsedge (Cyperus rotundus)

Rush Skeletonweed (Chondrilla juncea)

Scentless Chamomile (Matricaria maritima)

Spotted Knapweed (Centaurea maculosa)

Tansy Ragwort (Senecio jacobaea)

Velvetleaf (Abutilon theophrasti)

Wild Oats (Avena fatua)

Yellow Nutsedge (Cyperus esculentus)

Yellow Starthistle (Centaurea solstitialis)

Terrestrial Vascular Plants

Smooth brome grass

Downy brome grass

Orchard grass (coast)

Scotch broom

Spurge laurel

Common barnyard grass

St. John's wort

Himalayan blackberry

Yellow salsify

Common Crupina

Bull thistle

Nodding thistle

Giant knotweed

Kudzu

Japanese knotweed

Giant knotweed

Giant hogweed

Poison hemlock

Yellow toadflax

Carpet burweed

Baby's breath

Parasitic Dodder

Himalayan Balsam

Saltcedar

Garlic Mustard

Fresh Water/Riparian Vascular Plants

Flowering rush

Purple loosestrife

Eurasian watermilfoil

Common reed

Curly pondweed

Reed canary grass

Yellow flag

Hydrilla

Invertebrates

Gypsy Moth

Blueberry Maggot

Balsam Woolly Adelgid

Japanese Cedar Longhorn Beetle

Japanese Beetle

Pine Shoot Beetle

Asian Long-horned Beetle

Cereal Leaf Beetle

Daylily Midge

European Chafer

European Brown Garden Snail

Oriental Fruit Moth

Apple Maggot

Plum Curculio

Vertebrates

Bullfrog (Rana catesbeiana)

Green Frog (Rana clamitans)

Rock Dove (Columba livia)

European Starling (Sturnus vulgaris)

House Sparrow (Passer domesticus)

North American Opossum (Didelphis virginiana)

European Rabbit (Oryctolagus cuniculus)

Eastern Cottontail (Sylvilagus floridanus)

Nutria (Myocastor coypu)

Gray Squirrel (Sciurus carolinensis)

Fox Squirrel (Sciurus niger)

2 The species set out in column 1 of Table 1 are, for the purposes of this regulation, alien invasive species in a regional district set out opposite in column 2.

Table 1

Column 1 Species

Column 2 Area of the Province

Blueweed (Echium vulgare)

Cariboo, Central Kootenay, Columbia-Shuswap, East Kootenay, Okanagan-Similkameen, Thompson-Nicola

Burdock (Arctium spp.)

Bulkley-Nechako, Cariboo, Columbia-Shuswap, Fraser-Fort George, Kitimat-Stikine, North Okanagan, Okanagan-Similkameen, Peace River, Thompson-Nicola

Cleavers (Galium aparine)

Peace River

Common Bugloss (Anchusa officinalis)

Kootenay-Boundary

Common Tansy (Tanacetum vulgare)

Bulkley-Nechako, Central Kootenay, Columbia-Shuswap, East Kootenay, North Okanagan

Field Scabious (Knautia arvensis)

Bulkley-Nechako, Kootenay-Boundary, Thompson-Nicola

Green Foxtail (Setaria viridis)

Peace River

Hoary Alyssum (Berteroa incana)

Kootenay-Boundary

Hoary Cress (Cardaria spp.)

Columbia-Shuswap, North Okanagan, Thompson-Nicola

Kochia (Kochia scoparia)

Peace River

Marsh Plume Thistle (Cirsium palustre)

Bulkley-Nechako, Fraser-Fort George

Meadow Knapweed (Centaurea pratensis)

Columbia-Shuswap

Night-flowering catchfly (Silene noctiflora)

Peace River

Orange Hawkweed (Hieracium aurantiacum)

Bulkley-Nechako, Cariboo, Central Kootenay, Columbia-Shuswap, East

Kootenay, Thompson-Nicola

Oxeye Daisy (Chrysanthemum leucanthemum)

Cariboo, North Okanagan, Peace River, Thompson-Nicola

Perennial Pepperweed (Lepidium latifolium)

East Kootenay, Thompson-Nicola

Plumeless Thistle (Carduus acanthoides)

Central Kootenay

Puncturevine (Tribulus terrestris)

Okanagan-Similkameen

Quackgrass (Agropyron repens)

Peace River

Russian Knapweed (Acroptilon repens)

North Okanagan

Russian Thistle (Salsola kali)

Peace River

Scotch Thistle (Onopordum acanthium)

North Okanagan

Sulphur Cinquefoil (Potentilla recta)

Columbia-Shuswap, North Okanagan, Okanagan-Similkameen,

Thompson-Nicola

Tartary Buckwheat (Fagopyrum tataricum)

Peace River

White Cockle (Lychnis alba)

Peace River

Wild Chervil (Anthriscus sylvestris)

Fraser Valley

Wild Mustard (Sinapsis arvensis)

Peace River

[Provisions relevant to the enactment of this regulation: Community Charter , S.B.C. 2003, c. 26, s. 9 (4).]