2nd Session, 42nd Parliament

(2021) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE GEORGE HEYMAN

MINISTER OF ENVIRONMENT AND CLIMATE CHANGE STRATEGY

BILL 24 – 2021

ENVIRONMENTAL MANAGEMENT AMENDMENT ACT, 2021

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

SECTION 1: [Environmental Management Act,

section 1]

adds a definition of "single-use product";

clarifies that a material, substance or object can still be "packaging" even if it is sold or distributed separately from the commodity or product that it will protect, contain or transport.

Section 1 (1) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended

(

a) in paragraph (

a) of the definition of "packaging" by adding " including a material, substance or object that is sold or distributed separately from the commodity or product that it will protect, contain or transport, " after " product, ", and

(

b) by adding the following definition:

"single-use product" means a product that is ordinarily disposed of after a single use or short-term use, whether or not the product could be reused; .

SECTION 2: [Environmental Management Act,

section 11]

provides that a person must not distribute anything listed in

section 11 of the Act, as amended by this Bill, contrary to the Act or the regulations;

replaces the term "disposable products" with the term "single-use products".

Section 11 is amended

(

a) by adding " distribute, " after " use, ", and

(

b) by striking out " disposable products " in both places and substituting " single-use products ".

SECTION 3: [Environmental Management Act,

section 21] amends regulation-making powers, of both the Lieutenant Governor in Council and the minister, to align with

section 11 of the Act.

Section 21 (1) is amended

(

a) in paragraph (

i) by striking out " activities operations " and substituting " activities, operations ",

(

b) by repealing paragraph (

o) and substituting the following:

(

o) prohibiting or restricting the use, distribution, offer for sale or sale of packaging, product containers or single-use products or any material used in packaging, product containers or single-use products; ,

(

c) in paragraph (

p) by striking out " content, shape, weight, nature and volume of packaging used per unit of product " and substituting " material, content, shape, nature, weight and volume of packaging, including the weight and volume of packaging used per unit of product ", and

(

d) in paragraphs (q), (

r) and (

t) by adding " , single-use products " after " product containers ".

SECTION 4: [Environmental Management Act,

section 22] amends regulation-making powers, of both the Lieutenant Governor in Council and the minister, to align with

section 11 of the Act.

Section 22 (2) is amended

(

a) by repealing paragraph (

q) and substituting the following:

(

q) prohibiting or restricting the use, distribution, offer for sale or sale of packaging, product containers or single-use products or any material used in packaging, product containers or single-use products; ,

(

b) in paragraph (

r) by striking out " content, shape, weight, nature and volume of packaging used per unit of product " and substituting " material, content, shape, nature, weight and volume of packaging, including the weight and volume of packaging used per unit of product ", and

(

c) in paragraphs (s), (

t) and (

v) by adding " , single-use products " after " product containers ".

Commencement

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

Explanatory Notes

SECTION 1: [Environmental Management Act,

section 1]

adds a definition of "single-use product";

clarifies that a material, substance or object can still be "packaging" even if it is sold or distributed separately from the commodity or product that it will protect, contain or transport.

SECTION 2: [Environmental Management Act,

section 11]

provides that a person must not distribute anything listed in

section 11 of the Act, as amended by this Bill, contrary to the Act or the regulations;

replaces the term "disposable products" with the term "single-use products".

SECTION 3: [Environmental Management Act,

section 21] amends regulation-making powers, of both the Lieutenant Governor in Council and the minister, to align with

section 11 of the Act.

SECTION 4: [Environmental Management Act,

section 22] amends regulation-making powers, of both the Lieutenant Governor in Council and the minister, to align with

section 11 of the Act.

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