October 23, 2003

414786120/03053/tlc03053_f

E4tlc03053

statreg_vsis_solo

Introductory Provisions

Definitions

In this Act:

air means the atmosphere but does not include the atmosphere inside

a human made enclosure that is not open to the weather,

an underground mine, or

a place designated by order of the Lieutenant Governor in Council;

air contaminant means a substance that is introduced into the air and that

injures or is capable of injuring the health or safety of a person,

injures or is capable of injuring property or any life form,

interferes with or is capable of interfering with visibility,

interferes with or is capable of interfering with the normal conduct of business,

causes or is capable of causing material physical discomfort to a person, or

damages or is capable of damaging the environment;

appeal board means the Environmental Appeal Board continued under

section 93 [environmental appeal board] ;

approval means an approval under

section 15 [approvals] or under a regulation;

auxiliary conservation officer means a person designated as an auxiliary conservation officer under

section 106 (3) [conservation officer service] ;

biomedical waste has the prescribed meaning;

chief conservation officer means the person appointed as chief conservation officer under

section 106 (2) [conservation officer service] ;

code of practice , except in

Part 3 [Municipal Waste Management] , means a code of practice established by the minister under

section 22 [minister's regulations — codes of practice] ;

conservation officer means a person described in

section 106 (2) (

a) or (b) [conservation officer service] and includes, in relation to a specific power or duty, an auxiliary conservation officer and a special conservation officer who has been authorized under

section 106 (3) (b) (iv) to exercise the power or perform the duty;

Conservation Officer Service means the Conservation Officer Service established under

section 106 [conservation officer service] ;

director means a person employed by the government and designated in writing by the minister as a director of waste management or as an acting, deputy or assistant director of waste management;

district director means,

except in sections 32 [disposal of municipal solid waste in Greater Vancouver] and 33 [disposal of municipal solid waste in other regional districts] , a person appointed under

section 31 [control of air contaminants in Greater Vancouver] as district director by the board of the Metro Vancouver Regional District,

for the purpose of

section 32 [disposal of municipal solid waste in Greater Vancouver] , a person appointed under

section 32 (3) as district director by the Administration Board of the Greater Vancouver Sewerage and Drainage District, and

for the purpose of

section 33 [disposal of municipal solid waste in other regional districts] , a person appointed under

section 33 as district director by a regional district;

effluent means a substance that is introduced into water or onto land and that

injures or is capable of injuring the health or safety of a person,

injures or is capable of injuring property or any life form,

interferes with or is capable of interfering with visibility,

interferes with or is capable of interfering with the normal conduct of business,

causes or is capable of causing material physical discomfort to a person, or

damages or is capable of damaging the environment;

environment means air, land, water and all other external conditions or influences under which humans, animals and plants live or are developed;

facility includes any land or building, and any machinery, equipment, device, tank, system or other works;

greenhouse gas has the same meaning as in the Climate Change Accountability Act ;

hazardous waste has the prescribed meaning;

introduce into the environment , in relation to waste, includes discharge, emit, dump, abandon, spill, release and allow to escape into the environment;

land means the solid part of the earth's surface including the foreshore and land covered by water;

manager means a person appointed under the Public Service Act as a manager in the ministry and designated in writing by the minister as a regional manager or as an acting, assistant or deputy regional manager;

municipality , except in

Part 4 [Contaminated Site Remediation] , includes,

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 both, and

the Greater Vancouver Sewerage and Drainage District;

officer means

a person or class of persons employed by the government, a government corporation or a municipality and designated in writing by a director as an officer, or

a conservation officer;

operational certificate means a certificate issued under

section 28 [operational certificates] for the design, operation, maintenance, performance and closure of sites or facilities used for the storage, treatment or disposal of waste or recyclable material;

order means an order made or given under this Act;

packaging means a material, substance or object that is

used to protect, contain or transport a commodity or product, including a material, substance or object that is sold or distributed separately from the commodity or product that it will protect, contain or transport, or

attached to a commodity or product or its container for the purpose of marketing or communicating information about the commodity or product;

permit means a permit issued under

section 14 [permits] or under the regulations;

pollution means the presence in the environment of substances or contaminants that substantially alter or impair the usefulness of the environment;

recyclable material means a product or substance that has been diverted from disposal, and satisfies at least one of the following criteria:

is organic material from residential, commercial or institutional sources and is capable of being composted, or is being composted, at a site;

is managed as a marketable commodity with an established market by the owner or operator of a site;

is being used in the manufacture of a new product that has an established market or is being processed as an intermediate stage of an existing manufacturing process;

has been identified as a recyclable material in a waste management plan;

is any other material prescribed by the Lieutenant Governor in Council, or the minister under

section 22 [minister's regulations — codes of practice] ;

refuse means discarded or abandoned materials, substances or objects;

regional district , except in the definition of "municipality" and in sections 25, 26 and 30, includes the Northern Rockies Regional Municipality;

registered mail includes any method of mail delivery provided by Canada Post for which confirmation of delivery to a named person is available;

remediation means action to eliminate, limit, correct, counteract, mitigate or remove any contaminant or the adverse effects on the environment or human health of any contaminant, and includes, but is not limited to, the following:

preliminary site investigations, detailed site investigations, analysis and

interpretation, including tests, sampling, surveys, data evaluation, risk assessment and environmental impact assessment;

evaluation of alternative methods of remediation;

preparation of a remediation plan, including a plan for any consequential or associated removal of soil or soil relocation from the site;

implementation of a remediation plan;

monitoring, verification and confirmation of whether the remediation complies with the remediation plan, applicable standards and requirements imposed by a director;

other activities prescribed by the minister;

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;

special conservation officer means a person designated as a special conservation officer under

section 106 (3) [conservation officer service] ;

waste includes

air contaminants,

litter,

effluent,

refuse,

biomedical waste,

hazardous waste, and

any other substance prescribed by the Lieutenant Governor in Council, or the minister under

section 22 [minister's regulations — codes of practice] , or, if either of them prescribes circumstances in which a substance is a waste, a substance that is present in those circumstances,

whether or not the type of waste referred to in paragraphs (

a) to (

f) or prescribed under paragraph (

g) has any commercial value or is capable of being used for a useful purpose;

waste management facility means a facility for the treatment, recycling, storage, disposal or destruction of a waste, or recovery of reusable resources, including energy potential from waste;

waste management plan means a plan that contains provisions or requirements for the management of recyclable material or other waste or a class of waste within all or a part of one or more municipalities;

water includes groundwater, as defined in

section 1 (1) of the Water Sustainability Act , and ice;

works includes

a drain, ditch and sewer,

a waste disposal system including a sewage treatment plant, pumping station and outfall,

a device, equipment, land and a structure that is used to

measure, handle, transport, store, treat or destroy waste or a substance that is capable of causing pollution, or

introduce into the environment waste or a substance that is capable of causing pollution,

an installation, plant, machinery, equipment, land or a process that causes or may cause pollution or is designed or used to measure or control the introduction of waste into the environment or to measure or control a substance that is capable of causing pollution, or

an installation, plant, machinery, equipment, land or a process that is used to monitor or clean up pollution or waste.

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.

For the purposes of the definition of "air contaminant" and "effluent", it is not necessary to prove

that the air contaminant or effluent, if diluted at or subsequent to the point of introduction, continues to be capable of harming, injuring or damaging a person, life form, property or the environment, or

the actual presence of a person who, or a life form that, is capable of being harmed or injured by the introduction of the air contaminant or effluent.

If a regulation under this Act authorizes the minister or a director to substitute a different requirement for any requirement in the regulations, a reference to the regulations includes a reference to the substituted requirement.

Powers conferred on included officials

A provision of this Act or the regulations that confers powers on an officer also confers them on a director and a manager.

Director includes delegate

In this Act a reference to the director includes a reference to a delegate of the director.

Conflicts with other enactments

If there is a conflict between this Act or its regulations or an approval, a licence, an order, a permit or an approved waste management plan under this Act and

the Geothermal Resources Act or the regulations under that Act, or a permit, a licence, a lease, an authorization, an order or an agreement under that Act, or

the Transport of Dangerous Goods Act or the regulations under that Act,

this Act, its regulations and an approval, a licence, an order, a permit or an approved waste management plan subsisting under this Act prevail.

Minister's authority

The duties, powers and functions of the minister extend to any matter relating to the management, protection and enhancement of the environment including, but not limited to, the following matters:

planning, research and investigation in relation to the environment;

development of policies for the management, protection and use of the environment;

planning, design, construction, operation and maintenance of works and undertakings for the management, protection or enhancement of the environment;

providing information to the public about the quality and use of the environment;

preparing and publishing policies, strategies, objectives, guidelines and standards for the protection and management of the environment;

preparing and publishing environmental management plans for specific areas of British Columbia which may include, but need not be limited to, measures with respect to the following:

flood control, flood hazard management and development of land that is subject to flooding;

drainage;

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soil conservation;

water resource management;

fisheries and aquatic life management;

wildlife management;

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waste management;

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air management.

Prohibitions and Authorizations

Waste disposal

For the purposes of this section, the conduct of a prescribed industry, trade or business includes the operation by any person of facilities or vehicles for the collection, storage, treatment, handling, transportation, discharge, destruction or other disposal of waste in relation to the prescribed industry, trade or business.

Subject to subsection (5), a person must not introduce or cause or allow waste to be introduced into the environment in the course of conducting a prescribed industry, trade or business.

Subject to subsection (5), a person must not introduce or cause or allow to be introduced into the environment, waste produced by a prescribed activity or operation.

Subject to subsection (5), a person must not introduce waste into the environment in such a manner or quantity as to cause pollution.

Nothing in this

section or in a regulation made under subsection (2) or (3) prohibits any of the following:

the disposition of waste in compliance with this Act and with all of the following that are required or apply in respect of the disposition:

a valid and subsisting permit;

a valid and subsisting approval;

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a valid and subsisting order;

a regulation;

a waste management plan approved by the minister;

the discharge into the air of an air contaminant from an incinerator operated under an authority, licence or permit of a municipality;

the disposition of human remains in crematoria in compliance with the Cremation, Interment and Funeral Services Act ;

the discharge of air contaminants authorized by a bylaw made under

section 31 (3) (d) [control of air contaminants in Greater Vancouver] ;

the burning of leaves, foliage, weeds, crops or stubble for domestic or agricultural purposes or in compliance with the Weed Control Act ;

the use of pesticides or biocides for agricultural, domestic or forestry purposes in compliance with the Integrated Pest Management Act , the Pest Control Products Act (Canada) and any other Act and regulation governing their use;

fires set or controlled by a person

acting under the direction of a local authority, as defined in the Fire Safety Act , if the local authority authorizes the fires for training purposes,

carrying out fire control under

section 9 of the Wildfire Act , or

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if the fires are resource management open fires under the Wildfire Act and are lit, fuelled or used in accordance with that Act and the regulations under that Act;

emissions from steam powered or internal combustion engines in compliance, if applicable, with the Motor Vehicle Act and regulations;

emission into the air of soil particles or grit in the course of agriculture or horticulture;

the disposal of waste by a person other than a municipality

by means of a system of waste disposal lawfully operated by a municipality or other public authority, and

in compliance with the rules and regulations that apply to that system;

emission of an air contaminant from combustion of wood or fossil fuels used solely for the purpose of comfort heating of domestic, institutional or commercial buildings;

emission of an air contaminant from food preparation in

residential premises, or

retail food outlets;

an owner, agent or manager, as those terms are defined in the Mines Act , from carrying out an activity related to mineral and coal exploration if that activity is exempted under

section 10 (2.1) of that Act.

Nothing in subsection (5) (

b) or (

k) authorizes the use of an incinerator or domestic, institutional or commercial heating equipment for the purpose of destroying hazardous waste by means of combustion.

In subsection (5) (l):

residential premises includes hospitals, clinics, logging camps, factory and office canteens and other similar premises;

retail food outlets means

restaurants, hotels, motels and similar premises, and

premises in which food is prepared and sold by retail sale, such as

exclusively retail bakeries, and

premises selling take out food.

Hazardous waste — confinement

A person who produces, stores, transports, handles, treats, recycles, deals with, processes or owns a hazardous waste must keep the hazardous waste confined in accordance with the regulations.

Except to the extent expressly authorized by a permit, an approval, an order, a waste management plan or the regulations, a person must not release a hazardous waste from the confinement required by subsection (1).

Hazardous waste management facility

A person must not construct, establish, alter, enlarge, extend, use or operate a facility for the treatment, recycling, storage, disposal or destruction of a hazardous waste except in accordance with the regulations.

Hazardous waste storage and disposal

A person must not store more than a prescribed amount of a hazardous waste except in accordance with any of the following that apply:

the regulations in relation to storing hazardous waste;

an order that requires the person to store that kind of hazardous waste;

an approved waste management plan that provides for storage of hazardous waste.

A person who is storing a quantity of a substance at the time that the substance is prescribed to be a hazardous waste does not contravene subsection (1) by continuing to store the same or a different quantity of that substance if the person notifies a director, in accordance with the regulations, of the location, quantity and type of substance that the person is storing.

Despite subsection (2), a director may serve a person referred to in that subsection with a written order to comply with the regulations or the approved waste management plan, and, if a director does so, subject to subsection (4), the person must comply with the order within the period the director specifies in that order.

If a person who is served with an order under subsection (3) does not comply with the regulations in the period specified by the director, the person must dispose of the hazardous waste as directed by a director.

Transportation of hazardous waste

A person who produces or stores a hazardous waste

must not cause or allow more than a prescribed quantity of the hazardous waste to be transported from the property where the person produces or stores the hazardous waste unless the person first

completes, in the form and manner prescribed, the part of a manifest that applies to the person, and

files the manifest in the manner prescribed,

must ensure that the person transporting more than the prescribed quantity of the hazardous waste from the place where it is produced or stored has a licence for that purpose, if a licence is required by the regulations, and

must not cause or allow more than the prescribed quantity of the hazardous waste to be transported to a place unless

an order, waste management plan or regulation authorizes or requires it to be stored at that place,

a permit, approval, order, waste management plan or regulation authorizes or requires it to be introduced into the environment or treated at that place, or

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storage of the hazardous waste at that place is otherwise not prohibited under

section 9 [hazardous waste storage and disposal] .

A person must not transport more than a prescribed quantity of a hazardous waste unless the person

carries with the person

a manifest completed as required by subsection (1) and this subsection, and

if required by the regulations, a licence, and

has completed, in accordance with the regulations, that part of the manifest that applies to the person.

A person must not accept delivery of more than a prescribed quantity of a hazardous waste unless the person

receives from the transporter a manifest that has been completed as required by subsections (1) and (2),

completes the part of the manifest that applies to the person and files the manifest in the form and manner prescribed, and

has a permit or an approval authorizing the person to introduce into the environment that kind and quantity of hazardous waste, is authorized under the regulations to treat or recycle that kind and quantity of hazardous waste or is not prohibited under

section 9 (1) [hazardous waste storage and disposal] from storing that kind and quantity of hazardous waste.

In a prosecution for a contravention of this section, the burden of proving compliance with subsection (1) (

a) or (

c) or with subsection (2) or (3) is on the defendant.

Packaging, product containers and single-use products

A person must not use, distribute, offer for sale or sell packaging, product containers or single-use products, or any material used in packaging, product containers or single-use products, contrary to this Act or the regulations.

Littering

In this section, public place means

a place that is open to the air, including a covered place that is open to the air on at least one side, and to which the public is entitled or permitted to have access without payment, and

a park or public campground.

A person must not throw down, drop or otherwise deposit, and leave litter in a public place.

The prohibition in subsection (2) does not apply if the depositing and leaving was authorized by law, or was done with the consent of the owner, occupier or other person or authority having the control of the public place.

In a prosecution, the burden of establishing that subsection (3) applies is on the defendant.

Discharge of waste from recreational vehicles

A person must not discharge domestic sewage or waste from a trailer, camper, transportable housing unit, boat or house boat onto land, into any reservoir or into any lake, pond, stream or other natural body of water, except

in compliance with a permit, an approval, an order, a waste management plan or a regulation, or

if disposal facilities are provided, in accordance with proper and accepted methods of disposal using those facilities, and in accordance with the Public Health Act and regulations.

Permits

A director may issue a permit authorizing the introduction of waste into the environment subject to requirements for the protection of the environment that the director considers advisable and, without limiting that power, may do one or more of the following in the permit:

require the permittee to repair, alter, remove, improve or add to works or to construct new works and to submit plans and specifications for works specified in the permit;

require the permittee to give security in the amount and form and subject to conditions the director specifies;

require the permittee to monitor, in the manner specified by the director, the waste, the method of handling, treating, transporting, discharging and storing the waste and the places and things that the director considers will be affected by the discharge of the waste or the handling, treatment, transportation or storage of the waste;

require the permittee to conduct studies and to report information specified by the director in the manner specified by the director;

specify procedures for monitoring and analysis, and procedures or requirements respecting the handling, treatment, transportation, discharge or storage of waste that the permittee must fulfill;

require the permittee to recycle certain wastes, and to recover certain reusable resources, including energy potential from wastes.

A permit does not authorize the introduction of hazardous waste into the environment unless it specifies the characteristics and quantity of hazardous waste that may be introduced.

Despite subsection (1), a director may not issue or, subject to subsection (4), amend, a permit authorizing the introduction of waste into the environment if the introduction is governed by

a code of practice that is established in the regulations in relation to the industry, trade or business that applies for the permit or amendment,

a code of practice that is established in the regulations in relation to the activity or operation in respect of which the permit or amendment is applied for, or

a regulation, unless the regulation requires that a permit be obtained in relation to the discharge of the industry, trade, or business, activity or operation.

A director, on receipt of an application or on the director's own initiative, may amend a permit authorizing an introduction of waste described in subsection (3) (a), (

b) or (c), if

in the opinion of the director, the amendment is necessary for the protection of the environment, or

the amendment is for one or more or the following purposes:

a change of ownership or name;

a change of address;

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a decrease in the authorized quantity of the discharge, emission or stored material;

an increase of not more than 10% in the authorized quantity of the discharge, emission or stored material;

a change in the authorized quality of the discharge, emission or stored material such that, in the opinion of the director, the change has resulted in or will result in an equal or lesser impact on the environment;

a change in a monitoring program;

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a change to the works, method of treatment or any other condition of a permit or an approval such that, in the opinion of the director, the change has resulted in or will result in an equal or lesser impact on the environment.

Approvals

A director may approve the introduction of waste into the environment for a period of up to 15 months without issuing a permit.

A director may issue the director's approval subject to requirements for the protection of the environment that the director considers advisable and, without restricting that power, may include as a requirement anything referred to in

section 14 (1) [permits] .

Amendment of permits and approvals

A director may, subject to

section 14 (3) [permits] , this

section and the regulations, for the protection of the environment,

on the director's own initiative if the director considers it necessary, or

on application by a holder of a permit or an approval,

amend the requirements of the permit or approval.

A director may, after consultation with the minister, amend

a permit ordered by the minister under

section 90.1 (1) [permits under area based management plan] , or

a permit or approval issued by the Lieutenant Governor in Council.

If a permit or an approval is subject to conditions imposed pursuant to a decision made in an appeal to the appeal board under Division 2 [Appeals under this Act] of

Part 8, those conditions must not be amended except

by the appeal board, and

after the appeal board has given the parties an opportunity to be heard on the question of whether the conditions should be amended.

A director's power to amend a permit or an approval includes all of the following:

authorizing or requiring the construction of new works in addition to or instead of works previously authorized or required;

authorizing or requiring the repair of, alteration to, improvement of, removal of or addition to existing works;

requiring security, altering the security required or changing the type of security required or the conditions of giving security;

extending or reducing the term of or renewing the permit or approval;

authorizing or requiring a change in the characteristics or components of waste discharged, treated, handled or transported;

authorizing or requiring a change in the quantity of waste discharged, treated, handled or transported;

authorizing or requiring a change in the location of the discharge, treatment, handling or transportation of the waste;

altering the time specified for the construction of works or the time in which to meet other requirements imposed on the holder of the permit or approval;

authorizing or requiring a change in the method of discharging, treating, handling or transporting the waste;

changing or imposing any procedure or requirement that was imposed or could have been imposed under

section 14 [permits] or 15 [approvals] .

A director may renew an approval before or after the end of the term of the approval.

A director may not renew an approval if the term of the approval and the term of renewal, when taken together, would exceed 15 months.

If a director amends a permit or approval, the director

may require that the holder of the permit or approval supply the director with plans, specifications and other information the director requests, and

must give the holder of the permit or approval notice in writing of the amendment and publish notice of the amendment in the prescribed manner.

Despite subsection (7) (b), the director may give the notice by electronic means to an address provided by the holder of the permit or approval.

Transfers of permits, approvals, etc.

A transfer of a permit or approval is without effect unless a director has consented in writing to the transfer.

Despite subsection (1), the director may consent to a transfer by electronic means to an address provided by the holder of the permit or approval.

A licence referred to in

section 10 [transportation of hazardous waste] is not transferable.

Suspension or cancellation of permits and approvals

Subject to this section, the minister or a director, by notice served on the holder of a permit or approval, may

suspend the permit or approval for any period, or

cancel the permit or approval.

A notice served under subsection (1) must state the time at which the suspension or cancellation takes effect.

The minister may exercise the authority under subsection (1) in any of the following circumstances:

a holder of a permit

fails to complete construction of works specified in the permit within the time specified in the permit or, if no time is specified in the permit, within 3 years after issuance of the permit, or

does not exercise any rights under the permit for a period of 3 years;

a holder of a permit or an approval fails to pay money owing to the government under the permit or approval;

a holder of a permit or an approval fails to comply with the terms of the permit or approval;

a holder of a permit or an approval fails to comply with an order issued under this Act and related to the subject matter of the permit or approval;

a holder of a permit or an approval or the holder's agent has made or makes a material misstatement or misrepresentation in the application for the permit or approval or in the information required under this Act with respect to the permit or approval;

a holder of a permit or an approval fails to comply with any other requirements of this Act or the regulations;

a permit or an approval conflicts with or is replaced by a waste management plan approved by the minister;

a permit or an approval is replaced by a regulation;

a permit or an approval is not, in the opinion of the minister, in the public interest.

The authority conferred by subsection (1) may be exercised by a director in any of the circumstances referred to in subsection (3) (a), (b), (

g) and (h).

In addition to the authority conferred by subsection (1), a director may, without notice to the holder,

suspend a permit or approval for the length of time requested if the holder requests that the permit or approval be suspended, or

cancel a permit or approval if the holder of the permit or approval

dies,

is a corporation that is liquidated, dissolved or otherwise wound up or is an extraprovincial company within the meaning of the Business Corporations Act that has had its registration cancelled under

Part 11 or 12 of that Act,

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is a partnership that is dissolved,

requests that the permit or approval be cancelled, or

has given notice of abandonment under

section 20 [abandonment] .

For certainty, a permit or an approval that is suspended or cancelled is not a valid and subsisting permit or approval.

Variance orders

If the minister considers that a person should have temporary relief from a requirement of an order, a permit, an approval, a licence or a waste management plan, the minister may issue a variance order with respect to a requirement of the order, permit, approval, licence or waste management plan.

1.1

If the minister considers that a person should have temporary relief from a requirement of a code of practice, the minister may issue a variance order relieving the person in relation to the requirement of the code of practice.

If the minister issues a variance order, the minister must

specify the requirements in respect of which the minister grants the relief,

specify the period during which the variance order will remain in effect, and

cause notice of the variance order to be published in

Part 1 of the Gazette.

Despite subsection (2), the minister may

cancel a variance order, or

renew or extend a variance order.

Abandonment

A person to whom a permit or an approval has been issued, but who has not exercised any right under it to discharge waste, may abandon the permit or approval by sending or delivering to a director notice that the person elects to abandon the permit or approval.

A person who elects under subsection (1) to abandon a permit or an approval does not commit an offence merely because the person has not complied with a requirement of the permit or approval.

Subject to subsection (4), a person to whom a permit or an approval has been issued and who has exercised a right under it to discharge waste may abandon the permit or approval by sending or delivering to a director notice that the person elects to abandon the permit or approval.

A notice under subsection (3) is not effective until it is received by a director.

A person who elects under subsection (3) to abandon a permit or an approval

does not commit an offence merely because after the abandonment became effective the person has not complied with the requirements of the permit or approval, and

despite the abandonment, is bound by those additional requirements that the director imposes respecting restoration of the environment or the control and monitoring of the waste discharged or the waste that continues to be discharged after abandonment.

Regulations for the purposes of

Part 2

Without limiting

section 138 (1) [general authority to make regulations] , the Lieutenant Governor in Council may make regulations as follows:

prescribing the meaning of biomedical waste;

prescribing the meaning of hazardous waste;

prescribing the duties of hospitals, laboratories, clinics and other persons or agencies to manage, control, treat and dispose of biomedical waste or to establish biomedical waste management facilities;

prescribing the form and content of manifests and the procedures for completing and filing manifests;

requiring the licensing of persons who transport hazardous waste, biomedical waste or another specified class of waste and prohibiting the unlicensed transportation of hazardous waste, biomedical waste or another specified class of waste;

authorizing the issue, suspension, cancellation and amendment of licences for the transportation of hazardous waste, biomedical waste or another specified class of waste;

regulating and restricting any activity, operation or industry that creates or produces a hazardous waste, a biomedical waste or another specified class of waste and requiring persons who operate any industry or process that creates or produces hazardous waste to register with the ministry;

prescribing for the purpose of

section 6 (2) [waste disposal] , industries, trades and businesses;

prescribing for the purposes of

section 6 (3) [waste disposal] , activities, operations and classes of persons;

regulating litter including the sale, return and reuse of beverage containers and packaging materials or classes of beverage containers and packaging materials which may

require classes of persons to pay refunds in the amounts established for beverage containers,

require persons to accept empty beverage containers or classes of beverage containers and handle, store and transport beverage containers or classes of beverage containers received by them in the manner required, and

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regulate the size, shape, features and composition of beverage containers and their packaging, labelling and use;

requiring, on request of the minister, that a person or a class of persons involved in the manufacture, distribution, sale, transportation or importation of empty or filled beverage containers of a prescribed type, or another person or association on behalf of the person or class of persons, supply information respecting the use, reuse and wastage of a prescribed type of beverage container;

respecting the minimum content of material derived from recyclable material that must be contained in types or classes of packaging and products sold in British Columbia;

prescribing packaging, product containers or products or classes of products for which a charge, including a deposit, handling fee, levy or core charge, must be paid or for which a refund must be given, and prescribing the amount of the charge or refund and the circumstances in which the charge or refund applies;

requiring the use of standardized

definitions, terms, logos, symbols and other representations on packaging, and prescribing those

definitions, terms, logos, symbols and other representations;

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;

prescribing for the purposes of

section 11 [packaging, product containers and single-use products] the material, content, shape, nature, weight and volume of packaging, including the weight and volume of packaging used per unit of product;

requiring prescribed industrial, commercial and institutional operations or classes of operations to develop and implement a waste reduction and prevention plan for packaging, product containers, single-use products or any other material or substance, and prescribing the contents of the plan;

requiring prescribed industrial, commercial and institutional operations or classes of operations to develop and maintain an infrastructure for the reuse or recycling of packaging, product containers, single-use products or any other material or substance;

requiring prescribed manufacturers, distributors or users of packaging, product containers, single-use products or any other materials or substances to conduct environmental life cycle profiles using a model approved by a director;

requiring a person who manages hazardous waste or introduces waste into the environment, other than in accordance with a permit under

section 14, to give security in the amount and form and subject to the conditions the Lieutenant Governor in Council may specify, or authorizing a director to require a person who manages hazardous waste or introduces waste into the environment, other than in accordance with a permit under

section 14, to give security in the amount and form and subject to the conditions the director may specify.

Section 139 [regulations — general rules] applies for the purpose of making regulations under this section.

Minister's regulations — codes of practice

The minister may make regulations establishing codes of practice for industries, trades, businesses, activities or operations, or classes of industries, trades, businesses, activities or operations, for the purposes of

section 138 (2) (s) [general authority to make regulations — exemptions] .

For the purposes of establishing codes of practice under subsection (1), the minister may make regulations as follows:

prescribing the form and content of a notice;

prescribing the duties of hospitals, laboratories, clinics and other persons or agencies to manage, control, treat and dispose of biomedical waste or establish biomedical waste management facilities;

establishing procedures for making applications under a code of practice, and establishing the information that must be submitted in those applications;

regulating and imposing requirements and prohibitions respecting the transportation, labelling, handling, treatment, recycling, storage, disposal and destruction of recyclable materials or wastes or a class of wastes, and, subject to

section 132 [ownership of waste] , the selling, giving or otherwise transferring the ownership or possession of recyclable materials or wastes or a class of wastes;

regulating and imposing requirements and prohibitions respecting the siting, planning, construction and operation of facilities for the treatment, recycling, storage, disposal and destruction of recyclable materials or wastes;

requiring that the owner or operator of a waste management facility make adequate arrangements to maintain the facility after it has been closed and, if required by the government, to transfer to the government ownership of the waste management facility after its closure;

f.1

requiring the owner or operator of a waste management facility to give security to the minister in the amount and form and subject to the conditions specified, or authorizing a director to require the owner or operator of a waste management facility to give security in the amount and form and subject to the conditions the director may specify;

f.2

requiring the owner or operator of a waste management facility to provide evidence that a covenant under

section 219 of the Land Title Act has been entered into in favour of the Crown, and respecting the provisions that are to be included in the covenant, or authorizing a director to require evidence of such a covenant and specify the provisions that are to be included in the covenant;

prescribing a substance as a waste and prescribing circumstances in which a substance is a waste;

g.1

prescribing a substance as recyclable material, and for this purpose may establish conditions and circumstances under which a prescribed material is a recyclable material;

g.2

requiring the owner or operator of a waste management facility to recycle certain wastes or classes of wastes, and to recover certain reusable resources, including energy potential from wastes or classes of wastes;

regulating and imposing requirements and restrictions respecting the use, supply, storage, transportation, handling, treatment or disposal of any substance specified in the regulations, whether natural or artificial and whether in solid, liquid or other form, if the minister considers it appropriate to do so for the purpose of preventing the substance from causing damage to persons, animals or plants or pollution of air, water or land;

prescribing conditions that must be met and controls that must be provided for the burning of materials derived from land clearing, land grading or tilling;

requiring the keeping of records and authorizing the inspection of records;

regulating and imposing requirements and prohibitions for the design, siting and operating of any works, activities or operations that produce waste;

regulating and imposing requirements and prohibitions for the installation of septic tanks, the siting and performance standards to be met if sewage disposal systems using septic tanks are installed, and respecting the use and operation of systems using septic tanks;

regulating and imposing requirements and prohibitions for the registration, siting, installation, testing, use and removal of tanks used to store petroleum products, or used to store any other prescribed substance, and prescribing performance and operating standards for those tanks;

requiring and imposing requirements for the certification or licensing of a person who installs tanks described in paragraph (m);

respecting the minimum content of material derived from recyclable material that must be contained in types or classes of packaging and products sold in British Columbia;

requiring the use of standardized

definitions, terms, logos, symbols and other representations on packaging, and prescribing those

definitions, terms, logos, symbols and other representations;

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;

prescribing for the purposes of

section 11 [packaging, product containers and single-use products] the material, content, shape, nature, weight and volume of packaging, including the weight and volume of packaging used per unit of product;

requiring prescribed industrial, commercial and institutional operations or classes of operations to develop and implement a waste reduction and prevention plan for packaging, product containers, single-use products or any other material or substance, and prescribing the contents of the plan;

requiring prescribed industrial, commercial and institutional operations or classes of operations to develop and maintain an infrastructure for the reuse or recycling of packaging, product containers, single-use products or any other material or substance;

requiring prescribed manufacturers, distributors or users of packaging, product containers, single-use products or any other materials or substances to conduct environmental life cycle profiles using a model approved by a director;

requiring a person to comply with a regulation made under this Act;

imposing monitoring and reporting requirements, including requirements for publication of information, in relation to

waste,

handling, treating, transporting, discharging or storing waste, and

iii

places and things that the minister considers may be affected by the handling, treatment, transportation, discharge or storage of waste;

prescribing sampling, analytical, quality control and reporting procedures that must be followed by a person required to monitor or report under a code of practice.

Section 139 [regulations — general rules] applies for the purpose of making regulations under this section.

Municipal Waste Management

Definitions

In this Part:

code of practice means a code of practice attached to and forming part of a bylaw made under

section 25 [authority to manage municipal solid waste and recyclable material in regional districts] ;

hauler means a person who picks up, delivers, hauls or transports municipal solid waste or recyclable material on a commercial basis;

manage or management includes the collection, transportation, handling, processing, storage, treatment, utilization and disposal of any substance;

municipal liquid waste means

effluent that originates from any source and is discharged into a municipal sewer system,

effluent from residential sources that is discharged to the ground, or

effluent specified by a director to be included in a waste management plan;

municipal solid waste means

refuse that originates from residential, commercial, institutional, demolition, land clearing or construction sources, or

refuse specified by a director to be included in a waste management plan;

sewage facility means works operated by a municipality to gather, treat, transport, store, utilize or discharge sewage.

Waste management plans

A municipality, alone or with one or more other municipalities, may submit for approval by the minister a waste management plan, that complies with the regulations respecting the management of municipal liquid waste.

On the written request of the minister, a regional district must submit for approval by the minister a waste management plan that

is for the benefit of the whole area of the regional district,

complies with the regulations, and

is in respect of biomedical waste.

Despite any other requirement of this Act, the minister, by notice in writing, may

direct a municipality to prepare a waste management plan that complies with the regulations or revise a waste management plan and submit it to the minister for approval on or before a date specified by the minister, or

specify a date by which a municipality must provide proof, in a form satisfactory to the minister, of the progress that the municipality is making to comply with this section.

If the minister considers it to be in the public interest and is satisfied that a municipality is making efforts in good faith to complete a waste management plan in accordance with this Act and the regulations, the minister may, on conditions specified by the minister, grant an extension of a date specified under this section.

Subject to

section 27 (2) [public consultation process] , the minister may, at any time, with or without conditions, approve all or part of a waste management plan or an amendment to a waste management plan.

The minister may, by order, amend or cancel a waste management plan and, if cancelled, the waste management plan ceases to have force or effect.

Despite anything in the Community Charter or the Local Government Act , if a waste management plan

is required under subsection (2) or (3) (a), or

has been approved by the minister under subsection (5),

a bylaw adopted by a municipality for the purpose of preparing the waste management plan referred to in paragraph (a), or implementing the waste management plan referred to in paragraph (b), does not require a petition, the assent of the electors or the approval of the electors.

Nothing in a waste management plan prevents the exercise of rights conferred by a permit or approval subsisting on the date the waste management plan is approved unless the permit or approval is suspended or cancelled by the minister under

section 18 (1) [suspension or cancellation of permits and approvals] .

Despite subsection (8), if a provision of a permit or approval conflicts with a requirement of an approved waste management plan, that provision has no force or effect after the waste management plan is approved.

Despite subsection (8), if an operational certificate is issued under

section 28 (1) [operational certificates] in respect of a site or facility for which a permit or approval authorizing the discharge of waste was previously issued, the permit or approval is cancelled.

Authority to manage municipal solid waste and recyclable material in regional districts

In this

section and sections 26 [municipal solid waste disposal fees] , 31 [control of air contaminants in Greater Vancouver] and 32 [disposal of municipal solid waste in Greater Vancouver] :

hauler licence means a licence issued by a regional district to a hauler, under the authority of a bylaw made under subsection (3) (h) (i);

recycler licence means a licence issued by a regional district, under the authority of a bylaw made under subsection (3) (h) (i), to the owner or operator of a site that accepts and manages recyclable material;

regional district means

a regional district as defined in the Local Government Act ,

a.1

except in

section 26, the Northern Rockies Regional Municipality, or

the Greater Vancouver Sewerage and Drainage District constituted under the Greater Vancouver Sewerage and Drainage District Act ;

site means any site or facility, including those identified specifically or by class in an approved waste management plan for the management of municipal solid waste or recyclable material;

waste stream management licence means a licence issued by a regional district, under the authority of a bylaw made under subsection (3) (h) (i), to the owner or operator of a site that accepts and manages municipal solid waste.

Despite any other Act, a person must manage municipal solid waste and recyclable material at a site in accordance with

any applicable approved waste management plan for the site,

any requirements or conditions that a director includes in an operational certificate or permit issued for the site, and

any applicable bylaw made under subsection (3) of this

section or

section 31 [control of air contaminants in Greater Vancouver] or 32 [disposal of municipal solid waste in Greater Vancouver] .

For the purpose of implementing an approved waste management plan, a regional district may make bylaws to regulate the management of municipal solid waste or recyclable material including, without limitation, bylaws regulating, prohibiting or respecting one or more of the following:

the types, quality or quantities of municipal solid waste or recyclable material that may be brought onto or removed from a site;

the discarding or abandonment of municipal solid waste or recyclable material;

the burning of any class or quantity of municipal solid waste or recyclable material;

the delivery, deposit, storage or abandonment of municipal solid waste or recyclable material at authorized or unauthorized sites;

the transport of municipal solid waste or recyclable material within or through the area covered by the waste management plan;

the operation, closure or post-closure of sites, including requirements for

the recording and submission of information,

audited statements respecting the municipal solid waste or recyclable material received at and shipped from a site, and

iii

the installation and maintenance of works;

respecting fees, including

setting fees and charges that may vary according to

the quantity, volume, composition or type of municipal solid waste or recyclable material, or

the class of persons, sites, operations, activities, municipal solid wastes or recyclable materials, and

specifying the manner and timing of the payment of those fees and charges;

requiring the owner or operator of a site or a hauler to

hold a recycler licence, a waste stream management licence or a hauler licence, or

comply with a code of practice;

requiring an owner or operator of a site or a licence holder to obtain insurance or provide security satisfactory to the regional district to ensure

compliance with the bylaws, and

that sufficient funding is available for site operations, remediation, closure and post-closure monitoring;

requiring the owner or operator of a site to contain municipal solid waste or recyclable material within specified height and area limits, and specify requirements and terms for confirming compliance with those limits;

prohibiting unauthorized persons from handling or removing municipal solid waste or recyclable material that is deposited at a site or set out for collection;

establishing different prohibitions, conditions, requirements and exemptions for different classes of persons, sites, operations, activities, municipal solid wastes or recyclable materials;

requiring an owner of municipal solid waste or recyclable material, the deposit of which has been prohibited by bylaw, to pay the cost of its disposal in a manner specified in the bylaw;

authorizing designated persons to enter a site or inspect the contents of a vehicle for the purpose of enforcing a bylaw made under this subsection and, for this purpose, sections 109 [entry on property] and 111 (2) [inspection of vehicles] apply to a designated person as if the designated person is an officer referred to in those sections, but only in respect of municipal solid waste and recyclable material;

providing that

a contravention of a provision of the bylaws is an offence punishable by a fine not exceeding $200 000, and

if a corporation commits an offence under the bylaws, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits the offence even though the corporation is convicted.

Before exercising the authority under this section, a regional district must

indicate in its waste management plan its intention to undertake consultations with affected stakeholders in accordance with

section 27 (1) [public consultation process] , and

undertake the consultations.

This

section does not apply to the management of municipal solid waste or recyclable material at the site at which it originates.

A regional district, including its employees and elected officials, is not liable

to any person for environmental conditions at a site, or

to remediate a site included in a waste management plan,

solely because it holds security as required under a bylaw made under this Part.

Municipal solid waste disposal fees

In this section, waste hauler means

a municipality that picks up, delivers, hauls or transports municipal solid waste, or

a person who, on a commercial basis, picks up, delivers, hauls or transports municipal solid waste.

In addition to its other powers, a regional district may, by bylaw, exercise one or more of the following powers in relation to the collection and disposal of municipal solid waste generated within its area or within a municipality that has contracted with the regional district for the disposal of municipal solid waste from the municipality:

setting fees payable by persons who use the services of a waste hauler or by generators of municipal solid waste;

setting levels of fees based on

the quantity, volume, type or composition of municipal solid waste generated,

the fees charged by the applicable waste hauler for its services, or

iii

any other criteria prescribed by regulation;

varying fees by class of persons, operations, activities, industries, trades, businesses, works, sites or municipal solid wastes;

requiring waste haulers to

act as agents of the regional district when collecting fees under this section,

remit fees to the regional district in accordance with the bylaw,

iii

maintain records in accordance with the bylaw, and

permit an employee or agent of the regional district to inspect and make copies of these records during the waste hauler's normal business hours;

setting conditions respecting the collection and remittance of fees by waste haulers and setting compensation payable to the waste haulers for this service;

establishing fines for failure to comply with a bylaw made under this section.

Public consultation process

A municipality must provide for a process for comprehensive review and consultation with the public respecting all aspects of the development, amendment and final content of a waste management plan that applies to that municipality.

The minister may not approve a waste management plan unless the minister is satisfied that there has been adequate public review and consultation with respect to the development, amendment and final content of the waste management plan.

Operational certificates

If a waste management plan is approved by the minister, a director may, in accordance with the regulations, issue an operational certificate, with or without conditions, to the municipality or to any person who is the owner of a site or facility covered by the waste management plan.

An operational certificate issued under subsection (1) forms part of and must not conflict with the approved waste management plan.

A director may exercise a power or authority in relation to an operational certificate in the same manner and to the same extent as provided by this Act with respect to a permit.

At least 14 days before issuing an operational certificate, a director must give notice of the director's intention to issue the operational certificate

in writing to the person named in the operational certificate, and

to the public in accordance with the regulations.

A director who gives notice under subsection (4) must allow any person who has been given notice under that subsection to

inspect the proposed operational certificate, and

provide comments to the director respecting the requirements or conditions of the proposed operational certificate.

Sewage control areas

The Lieutenant Governor in Council may designate all or a specified part of a municipality as a sewage control area, and on the designation the council, board or other governing body of the municipality

must appoint one or more persons as sewage control managers, and

may appoint one or more persons as municipal sewage control officers

who have and may exercise, in relation to the sewage control area, the powers of an officer set out in

section 109 [entry on property] .

A sewage control manager may, subject to any applicable waste management plan, by order, prohibit or regulate the discharge of any type of waste other than domestic sewage into a sewage facility.

Without limiting subsection (2), a sewage control manager may

in an order made under subsection (2), specify

the conditions under which the waste may be discharged into a sewage facility, and

that the person who discharges, or the council, board or other governing body that permits the waste to be discharged into the sewage facility in the municipality, or both of them, monitor the waste discharged in the manner and at the times specified, or

amend or revoke an order made by the sewage control manager under subsection (2).

A sewage control manager may order a person who discharges waste other than domestic sewage into a sewage facility, or who possesses waste other than domestic sewage that may ultimately be discharged into a sewage facility, to keep records and provide information in the form and manner required by the sewage control manager respecting the waste discharged, handled, stored, treated or transported.

A person affected by an order of a sewage control manager under this

section may appeal the order under Division 2 [Appeals from Decisions under this Act] of

Part 8 in the same manner as if the order were a decision of the director, and

Part 8 applies.

The Lieutenant Governor in Council may reduce or extend the boundaries of a sewage control area, and may disestablish a sewage control area.

Sewage in regional districts

The board of the Greater Vancouver Sewerage and Drainage District or, if a regional district exercises a power to provide a service related to the disposal or treatment of sewage, the board of the district, may make bylaws respecting the direct or indirect discharge of wastes into any sewer or drain connected to a sewerage facility operated by the district.

A bylaw made under this

section may provide that its contravention is an offence punishable by a fine not exceeding $10 000.

Without limiting subsection (1), a bylaw under this

section may do one or more of the following:

require the keeping of records and the provision of information respecting waste produced on property other than residential property;

impose conditions respecting the discharge into sewers of waste produced on property other than residential property;

provide that its prohibitions, restrictions and requirements apply only to specified persons or classes of persons.

Control of air contaminants in Greater Vancouver

Despite anything in its letters patent, the Metro Vancouver Regional District may provide the service of air pollution control and air quality management and, for that purpose, the board of the regional district may, by bylaw, prohibit, regulate and otherwise control and prevent the discharge of air contaminants.

The board of the Metro Vancouver Regional District must appoint

officers who may, with respect to the discharge of air contaminants in the Metro Vancouver Regional District, exercise all the powers of an officer under

section 109 [entry on property] and the regulations, and

a district director and one or more assistant district directors who may, with respect to the discharge of air contaminants in the Metro Vancouver Regional District, exercise all the powers of a director under this Act.

Without limiting subsection (1), a bylaw under this

section may do one or more of the following:

provide that contravention of a provision of the bylaw that is intended to limit the quantity of air contaminants or that specifies the characteristics of air contaminants that may be discharged into the air is an offence punishable by a fine not exceeding $1 000 000;

provide that a contravention of a provision of the bylaw, other than a provision referred to in paragraph (a), is an offence punishable by a fine not exceeding $200 000;

require the keeping of records and the provision of information respecting air contaminants and their discharge;

exempt from the application of

section 6 (2) and (3) [waste disposal] , in relation to the discharge of air contaminants, any operation, activity, industry, trade, business, air contaminant or works that complies with the bylaw, if it also complies with any further restrictions or conditions imposed under this Act;

establish different prohibitions, regulations, rates or levels of fees, conditions, requirements and exemptions

for different persons, operations, activities, industries, trades, businesses, air contaminants or works, and

for different classes of persons, operations, activities, industries, trades, businesses, air contaminants or works.

A district director may, by order, impose on a person further restrictions or conditions in relation to an operation, activity, industry, trade, business, air contaminant or works covered by a bylaw under subsection (3) (

d) in order that the person may qualify for an exemption under that subsection, including a condition that the person obtain a permit.

The minister may require the Metro Vancouver Regional District to amend, suspend or cancel any bylaw or part of a bylaw made under this

section if the minister considers it necessary in the public interest.

Disposal of municipal solid waste in Greater Vancouver

In addition to anything in the Greater Vancouver Sewerage and Drainage District Act , the Administration Board of the Greater Vancouver Sewerage and Drainage District may make bylaws to prohibit, regulate or otherwise control the introduction into the environment of municipal solid waste.

Without limiting subsection (1), a bylaw under this

section may do one or more of the following:

provide that contravention of a provision of the bylaw that is intended to limit the quantity of municipal solid waste, or that specifies the characteristics of municipal solid waste that may be discharged into the environment, is an offence punishable by a fine not exceeding $1 000 000;

provide that a contravention of a provision of the bylaw, other than a provision referred to in paragraph (a), is an offence punishable by a fine not exceeding $200 000;

require the keeping of records and the provision of information respecting municipal solid waste and its discharge;

exempt from the application of

section 6 (2) and (3) [waste disposal] , in relation to the discharge of municipal solid waste, any operation, activity, industry, trade, business, works, site, facility or municipal solid waste that complies with the bylaw, if it also complies with any further restrictions or conditions imposed under this Act;

establish different prohibitions, regulations, rates or levels of fees, conditions, requirements and exemptions for different classes of persons, operations, activities, industries, trades, businesses, works, sites or municipal solid wastes.

The Administration Board of the Greater Vancouver Sewerage and Drainage District, before exercising a power under subsection (1) or (2), must

appoint a district director and one or more assistant district directors who may, with respect to the management of municipal solid waste and recyclable material at sites within the area of the Metro Vancouver Regional District, exercise all the powers of a director under this Act, and

appoint officers who may, with respect to the management of municipal solid waste and recyclable material at sites within the area of the Metro Vancouver Regional District, exercise all the powers of an officer under sections 109 [entry on property] and 111 [inspection of vehicles] of this Act and under the regulations.

If the minister considers it necessary in the public interest with respect to the exercise of the powers granted under subsections (1) and (2), the minister may

require a person designated by the minister to carry out a review of the manner in which the powers have been exercised by the Greater Vancouver Sewerage and Drainage District, or

take any action to ensure proper administration of the powers granted, including authorizing the designated person to carry out the duties associated with those powers.

After the minister receives a report and recommendation from the officers referred to in subsection (4) (a), and after any consultation the minister considers necessary, the minister may revoke any or all of the powers granted under subsection (1) or (2).

No action lies, and no proceedings may be brought, against the Greater Vancouver Sewerage and Drainage District or an officer, employee or elected or appointed official of the Metro Vancouver Regional District because of anything arising out of the administration of the powers, duties and functions under this

section unless a person establishes that the Greater Vancouver Sewerage and Drainage District or an officer, employee or elected or appointed official of the Metro Vancouver Regional District has acted in bad faith.

Division 2 [Appeals from Decisions under this Act] of

Part 8 and

section 133 [service] apply to a decision of the Administration Board of the Greater Vancouver Sewerage and Drainage District, or a decision of an officer, employee or elected or appointed official of the Metro Vancouver Regional District, made under the authority of a bylaw made under subsection (1) or (2).

This

section does not apply to a site owned or operated by the Greater Vancouver Sewerage and Drainage District or one of its member municipalities.

Disposal of municipal solid waste in other regional districts

The Lieutenant Governor in Council, on receipt of a written request from a regional district, other than a regional district that is within the area of the Greater Vancouver Sewerage and Drainage District, and after appropriate consultation with the regional district and affected stakeholders, may make regulations

giving the regional district the authority to make bylaws to prohibit, regulate or otherwise control the introduction into the environment of municipal solid waste within the area covered by the regional district's approved solid waste management plan, and

Section 32 (2) to (8) [disposal of municipal solid waste in Greater Vancouver] applies in relation to a regional district in respect of which the Lieutenant Governor in Council has made regulations under subsection (1).

Bylaw approval or amendment

A bylaw made by a regional district under the authority of

section 25 [authority to manage municipal solid waste and recyclable material in regional districts] , 26 [municipal solid waste disposal fees] or 33 [disposal of municipal solid waste in other regional districts] or made by the Administration Board of the Greater Vancouver Sewerage and Drainage District under the authority of

section 25, 26 or 32 [disposal of municipal solid waste in Greater Vancouver] , may not be adopted without the prior written approval of the minister.

If the minister considers it necessary in the public interest, the minister may require a regional district or the Greater Vancouver Sewerage and Drainage District to amend, suspend or cancel a bylaw or part of a bylaw, or any authorization given under a bylaw made under

section 25 [authority to manage municipal solid waste and recyclable material in regional districts] , 26 [municipal solid waste disposal fees] , 32 [disposal of municipal solid waste in Greater Vancouver] or 33 [disposal of municipal solid waste in other regional districts] .

Delegation of powers

For the purposes of sections 25 [authority to manage municipal solid waste and recyclable material in regional districts] , 26 [municipal solid waste disposal fees] , 32 [disposal of municipal solid waste in Greater Vancouver] and 33 [disposal of municipal solid waste in other regional districts] , a regional district may, by bylaw, delegate to an officer or employee of the regional district the power to perform the functions and duties of the regional district in bylaws made under those sections.

For the purpose of sections 25 [authority to manage municipal solid waste and recyclable material in regional district] , 26 [municipal solid waste disposal fees] and 32 [disposal of municipal solid waste in Greater Vancouver] , the Administration Board of the Greater Vancouver Sewerage and Drainage District may, by bylaw, delegate to an officer or employee of the Metro Vancouver Regional District the power to perform the functions and duties of the Greater Vancouver Sewerage and Drainage District in bylaws made under those sections.

A bylaw referred to in subsection (1) or (2) must include an appeal mechanism from a decision of the officer or employee.

Municipal administration of storage tanks

A municipality may, on giving notice to a director, administer regulations made under this Act respecting tanks used to store petroleum products or other substances.

No action or other proceeding for damages lies or may be instituted against a municipality or a member of its council or an officer or employee of the municipality for anything done or omitted to be done in the exercise or intended exercise of any authority conferred on it by subsection (1) unless the person acted negligently or in bad faith.

Conflicts between this Act and bylaws, permits, etc. issued by a municipality

Despite the Community Charter , the Local Government Act , the Vancouver Charter or the Greater Vancouver Sewerage and Drainage District Act ,

a bylaw of a municipality, other than a bylaw under

section 30 [sewage in regional districts] , 31 [control of air contaminants in Greater Vancouver] , 32 [disposal of municipal solid waste in Greater Vancouver] or 33 [disposal of municipal solid waste in other regional districts] , or

a permit, licence, approval or other document issued under the authority of a municipal bylaw

that conflicts with this Act, the regulations, an approved waste management plan or a permit, approval or order under this Act is without effect to the extent of the conflict.

A bylaw under

section 30 [sewage in regional districts] , 31 [control of air contaminants in Greater Vancouver] , 32 [disposal of municipal solid waste in Greater Vancouver] or 33 [disposal of municipal solid waste in other regional districts] that conflicts with this Act, the regulations, an approved waste management plan or a permit, approval or order, other than one issued by a district director, is without effect to the extent of the conflict.

A permit, approval or order issued by a district director that conflicts with this Act, the regulations, an approved waste management plan or a bylaw under

section 30 [sewage in regional districts] , 31 [control of air contaminants in Greater Vancouver] , 32 [disposal of municipal solid waste in Greater Vancouver] or 33 [disposal of municipal solid waste in other regional districts] , is without effect to the extent of the conflict.

A bylaw of a municipality that conflicts with a bylaw under

section 30 [sewage in regional districts] , 31 [control of air contaminants in Greater Vancouver] , 32 [disposal of municipal solid waste in Greater Vancouver] or 33 [disposal of municipal solid waste in other regional districts] , is without effect to the extent of the conflict.

For the purposes of subsections (1) to (4), a conflict does not exist solely because further restrictions or conditions are imposed by the bylaw, permit, licence, approval, order or other document, unless the minister by order declares that a conflict exists.

Despite the Local Government Act and the Vancouver Charter , if

a bylaw of a municipality purports to zone land for a use, or

a land use contract under the Local Government Act purports to restrict the use of land to a use

that would not allow the land to be used for the purpose allowed under a permit, approval or order issued in respect of the land or an approved waste management plan respecting the land, the Lieutenant Governor in Council may, by order, suspend the operation of the bylaw or contract to the extent the Lieutenant Governor in Council considers necessary to enable the rights given by the permit approval or order to be exercised.

Regulations for purposes of

Part 3

Without limiting

section 138 (1) [general authority to make regulations] , the Lieutenant Governor in Council may make regulations as follows:

respecting the development, content, amendment, approval and review of waste management plans and operational certificates;

establishing municipal solid waste reduction targets for the purpose of assessing waste management plans;

prescribing the criteria for setting fees for the purposes of

section 26 (2) (b) (iii) [municipal solid waste disposal fees] .

Section 139 [regulations — general rules] applies for the purpose of making regulations under this section.

Contaminated Site Remediation

Interpretation

Definitions and

interpretation

In this Part and

Part 5 [Remediation of Mineral Exploration Sites and Mines] :

allocation panel means an allocation panel appointed under

section 49 (2) [allocation panel] ;

approval in principle means an approval in principle under

section 53 [approvals in principle and certificates of compliance] ;

approved professional means a person who is named on a roster established under

section 42 (2) [approved professionals] ;

approving officer means an approving officer as defined in the Land Title Act ;

certificate of compliance means a certificate of compliance under

section 53 [approvals in principle and certificates of compliance] ;

contaminated site means an area of the land in which the soil or any groundwater lying beneath it, or the water or the underlying sediment, contains a prescribed substance in quantities or concentrations exceeding prescribed risk based or numerical

criteria,

standards, or

conditions;

contamination means the presence in soil, sediment, water or groundwater of a substance prescribed for the purposes of the definition of "contaminated site" in quantities or concentrations exceeding the risk based or numerical

criteria,

standards, or

conditions

also prescribed for the purposes of the definition of "contaminated site";

detailed site investigation means a detailed site investigation and report under

section 41 [site investigations] that complies with the regulations;

government body means a federal, provincial, municipal or treaty first nation body, including an agency or ministry of the Crown in right of Canada or British Columbia and an agency of a municipality or treaty first nation;

high risk orphan site means an orphan site determined under

section 58 [orphan sites] to be a high risk orphan site;

minor contributor means a responsible person determined under

section 50 [minor contributors] to be a minor contributor;

municipality means a municipality as defined in

section 1 but including the Islands Trust and not including an improvement district or the Greater Vancouver Sewerage and Drainage District;

operator means, subject to subsection (2), a person who is or was in control of or responsible for any operation located at a site, but does not include a secured creditor unless the secured creditor is described in

section 45 (3) [persons responsible for remediation of contaminated sites] ;

orphan site means a contaminated site determined under

section 58 [orphan sites] to be an orphan site;

owner means a person who

is in possession,

has the right of control, or

occupies or controls the use

of real property, and includes, without limitation, a person who has an estate or interest, legal or equitable, in the real property, but does not include a secured creditor unless the secured creditor is described in

section 45 (3) [persons responsible for remediation of contaminated sites] ;

person includes a government body and any director, officer, employee or agent of a person or government body;

preliminary site investigation means a preliminary site investigation and report under

section 41 [site investigations] that complies with the regulations;

protocol means a protocol established by a director under

section 64 [director's protocols] ;

registrar means the registrar appointed under

section 43 [site registry] ;

regulator has the same meaning as in the Energy Resource Activities Act ;

remediation order means a remediation order under

section 48 [remediation orders] ;

remediation standards means numerical standards relating to concentrations of substances and standards relating to risk assessment, as prescribed in the regulations;

responsible person means a person described in

section 45 [persons responsible for remediation of contaminated sites] ;

secured creditor means a person who holds a mortgage, charge, debenture, hypothecation or other security interest in property at a contaminated site, and includes an agent for that person;

site disclosure statement means a site disclosure statement under

section 40 [site disclosure statements] ;

site investigation means a detailed or preliminary site investigation referred to in

section 41 [site investigations] ;

site registry means the site registry established under

section 43 [site registry] ;

specified industrial or commercial use means a use of land for a prescribed industrial or commercial purpose or activity;

subdivision means

a subdivision as defined in the Land Title Act , or

a subdivision under the Strata Property Act ;

summary of site condition means a document that complies with subsection (3);

voluntary remediation agreement means a voluntary remediation agreement referred to in

section 51 [voluntary remediation agreements] .

A government body is not an operator only as a result of

exercising regulatory authority with respect to a contaminated site,

carrying out remediation of a contaminated site, or

providing advice or information with respect to a contaminated site or an activity that took place on the contaminated site.

A

summary of site condition must be

prepared

by an approved professional,

in the form established in a protocol, and

iii

in accordance with the requirements prescribed by the minister, and

signed by the approved professional.

Identification of Contaminated Sites

Site disclosure statements

A person must provide, in accordance with the regulations, a site disclosure statement to the following, as applicable, for land that the person knows or reasonably should know has been used for a specified industrial or commercial use:

the approving officer, if the person applies for or otherwise seeks approval for subdivision of the land;

the applicable municipality, if the person applies for or otherwise seeks approval for

zoning of the land,

a development permit, or a building permit, for an activity that will likely disturb soil on the land, or

iii

a prescribed activity on the land.

A person who is an owner or operator in relation to land that the person knows or reasonably should know has been used for a specified industrial or commercial use must provide to the registrar a site disclosure statement for that land if any of the following applies:

the person, to the extent provided in the regulations,

decommissions a site on the land, or

ceases operations on the land;

the person files for protection under, or otherwise becomes subject to, the Companies' Creditors Arrangement Act (Canada);

the person files a proposal, or a notice of intention to make a proposal, under

Part III of the Bankruptcy and Insolvency Act (Canada).

A permit holder under the Energy Resource Activities Act who is required under subsection (2) to provide a site disclosure statement must provide a copy of the site disclosure statement to the regulator.

A municipality or an approving officer, as applicable, must

assess, in accordance with the regulations, a site disclosure statement received under subsection (1), and

forward a copy of the site disclosure statement to the registrar.

A municipality or an approving officer may require a person to pay a fee for an assessment under subsection (4) (a).

A vendor of real property must provide, in accordance with the regulations, a site disclosure statement to a prospective purchaser of the real property if the vendor knows or reasonably should know that the real property has been used for a specified industrial or commercial use.

A person

who is a trustee, receiver or liquidator or who commences foreclosure proceedings, and

who takes possession or control of real property for the benefit of one or more creditors

must, immediately on taking possession or control of the real property, provide to the registrar a site disclosure statement if the person knows or reasonably should know that the real property has been used for a specified industrial or commercial use.

A director may order a person to prepare and provide to the director a site disclosure statement if that person

owns or occupies land that, in the opinion of the director, may be a contaminated site on account of any past or current use on that or other land, or

is a person referred to in subsection (1), (2) or (7) and fails to provide a satisfactorily completed site disclosure statement.

If the director orders the preparation of a site disclosure statement respecting land that is subsequently determined not to be a contaminated site, the director is not liable for any costs incurred by a person in preparing the site disclosure statement.

[Repealed 2019-19-2.]

Investigations required with provision of site disclosure statements

40.1

This

section applies

to a person who is required to provide a site disclosure statement under

section 40 (1), and

in prescribed circumstances, to a person who is required to provide a site disclosure statement under

section 40 (2), (7) or (8).

Unless a director specifies otherwise, a person referred to in subsection (1) who is required to provide a site disclosure statement for land must, as required by the regulations, do the following in relation to that land:

undertake investigations;

prepare and submit, to a director, reports on the investigations referred to in paragraph (

a) of this subsection;

provide to a director other prescribed information.

Site investigations

A director may order an owner or operator of a site, at the owner's or operator's own expense, to undertake a preliminary site investigation or a detailed site investigation and to prepare a report of the investigation in accordance with the regulations and any applicable protocol if the director reasonably suspects on the basis of a site disclosure statement, or any other information, that the site

may be a contaminated site, or

contains substances that may cause or threaten to cause adverse effects on human health or the environment.

If a director orders a preliminary site investigation or a detailed site investigation respecting a site that is subsequently determined not to be a contaminated site, the director is not liable for any costs incurred by a person for completing the investigation and the related report.

On receipt of a report of a preliminary site investigation or a detailed site investigation submitted under this section, the director

must determine whether the report and investigation comply with any applicable regulations and orders,

must give notice to the owner or operator of the site of the determination under paragraph (a), and

may require the additional investigation and reporting the director considers necessary for the report and investigation to comply with any applicable regulations or orders.

The duty to undertake a preliminary site investigation or a detailed site investigation and to prepare a report of the investigation under this

section does not apply if a person seeks and obtains a determination that a site is a contaminated site under

section 44 (3) [determination of contaminated sites] .

Approved professionals

A director may designate classes of persons who are qualified to perform classes of activities, prepare classes of reports and other documents or make classes of recommendations that under this Act may be or are required to be performed, prepared or made by an approved professional.

The director may establish a roster of persons who are in a class designated under subsection (1).

A director may

make changes to the roster that are necessitated by the removal of a designation, and

add and remove names from the roster.

Site registry

The minister must

establish a site registry, and

appoint a registrar to manage the site registry.

A director must provide to the registrar, in a form suitable for inclusion in the site registry, information respecting

all site disclosure statements, preliminary site investigations and detailed site investigations that the director receives,

all orders, approvals, voluntary remediation agreements and decisions, including determinations under

section 44 (3) [determination of contaminated sites] , made by the director under this Part,

pollution abatement orders under

section 83 [pollution abatement orders] that impose a requirement for remediation,

notifications under

section 54 [independent remediation procedures] respecting independent remediation,

declarations and orders made by the minister under

section 58 [orphan sites] , and

other information required by the regulations.

A director may request the registrar to enter in the site registry information that

is already available to the director, and

would normally be obtained through a site disclosure statement or site investigation,

if, before requesting the registrar to do so, the director provides

notice to the owners or operators of the site, if known to the director, of the intention to make the request, and

an opportunity for those owners or operators to show cause to the director why the information contained in the request should not be entered into the site registry.

The registrar must enter by notation into the site registry

information referred to in subsections (2) and (3),

information respecting site disclosure statements that the registrar receives under

section 40, and

decisions of the appeal board.

In accordance with the regulations, the registrar must provide for reasonable public access to information in the site registry.

Determination of contaminated sites

A director may determine whether a site is a contaminated site and, if the site is a contaminated site, the director may determine the boundaries of the contaminated site.

Subject to subsection (3), in determining whether a site is a contaminated site, the director must do all of the following:

make a preliminary determination of whether or not a site is a contaminated site, on the basis of a site disclosure statement, a preliminary site investigation, a detailed site investigation or other available information;

give notice in writing of the preliminary determination to

the person who submitted the site disclosure statement, preliminary site investigation or detailed site investigation for the site,

any municipality or approving officer that has received, assessed and forwarded to the registrar a site disclosure statement for the site to which the preliminary determination pertains,

iii

any person with a registered interest in the site as shown in the records of the land title office or a land registry office of a treaty first nation at the time the director searches the land title records, and

any person known to the director who may be a responsible person under

section 45 [persons responsible for remediation of contaminated sites] if the site is finally determined to be a contaminated site;

provide an opportunity for any person to comment on the preliminary determination;

make a final determination of whether or not a site is a contaminated site;

give notice in writing of the final determination to

the person who submitted the site disclosure statement, preliminary site investigation or detailed site investigation for the site,

any municipality or approving officer that has received, assessed and forwarded to the registrar a site disclosure statement for the site to which the final determination pertains,

iii

any person with a registered interest in the site as shown in the records of the land title office or a land registry office of a treaty first nation at the time of the final determination,

any person known to the director who may be a responsible person under

section 45 [persons responsible for remediation of contaminated sites] , and

any person who has commented under paragraph (c);

carry out any other procedures specified in the regulations.

A director, on request by any person, may omit the procedures set out in subsection (2) (

a) to (

c) and make a final determination that a site is a contaminated site if the person

provides reasonably sufficient information to determine that the site is a contaminated site, and

agrees to be a responsible person for the contaminated site.

The lack of a determination under subsection (2) or (3) does not mean that a site is not a contaminated site.

In addition to a site in respect of which a director makes a determination under subsection (1), a site is considered to be or to have been a contaminated site if a director has done any of the following:

appointed an allocation panel with respect to the site under

section 49 [allocation panel] ;

determined that a responsible person is a minor contributor with respect to the site under

section 50 [minor contributors] ;

entered into a voluntary remediation agreement with respect to the site under

section 51 [voluntary remediation agreements] ;

issued an approval in principle with respect to a proposed remediation plan for the site under

section 53 (1) [approvals in principle and certificates of compliance] ;

issued a certificate of compliance with respect to remediation of the site under

section 53 (3) [approvals in principle and certificates of compliance] .

A final determination made under this

section is a decision that may be appealed under Division 2 [Appeals from Decisions under this Act] of

Part 8.

Liability for Remediation

Persons responsible for remediation of contaminated sites

Subject to

section 46 [persons not responsible for remediation] , the following persons are responsible for remediation of a contaminated site:

a current owner or operator of the site;

a previous owner or operator of the site;

a person who

produced a substance, and

by contract, agreement or otherwise caused the substance to be disposed of, handled or treated in a manner that, in whole or in part, caused the site to become a contaminated site;

a person who

transported or arranged for transport of a substance, and

by contract, agreement or otherwise caused the substance to be disposed of, handled or treated in a manner that, in whole or in part, caused the site to become a contaminated site;

a person who is in a class designated in the regulations as responsible for remediation.

In addition to the persons referred to in subsection (1), the following persons are responsible for remediation of a contaminated site that was contaminated by migration of a substance to the contaminated site:

a current owner or operator of the site from which the substance migrated;

a previous owner or operator of the site from which the substance migrated;

a person who

produced the substance, and

by contract, agreement or otherwise caused the substance to be disposed of, handled or treated in a manner that, in whole or in part, caused the substance to migrate to the contaminated site;

a person who

transported or arranged for transport of the substance, and

by contract, agreement or otherwise caused the substance to be disposed of, handled or treated in a manner that, in whole or in part, caused the substance to migrate to the contaminated site.

A secured creditor is responsible for remediation of a contaminated site if

the secured creditor at any time exercised control over or imposed requirements on any person regarding the manner of treatment, disposal or handling of a substance and the control or requirements, in whole or in part, caused the site to become a contaminated site, or

the secured creditor becomes the registered owner in fee simple of the real property at the contaminated site.

A secured creditor is not responsible for remediation if it acts primarily to protect its security interest, including, without limitation, if the secured creditor

participates only in purely financial matters related to the site,

has the capacity or ability to influence any operation at the contaminated site in a manner that would have the effect of causing or increasing contamination, but does not exercise that capacity or ability in such a manner as to cause or increase contamination,

imposes requirements on any person, if the requirements do not have a reasonable probability of causing or increasing contamination at the site, or

appoints a person to inspect or investigate a contaminated site to determine future steps or actions that the secured creditor might take.

Persons not responsible for remediation

The following persons are not responsible for remediation of a contaminated site:

a person who would become a responsible person only because of

an act of God that occurred before April 1, 1997, if the person exercised due diligence with respect to any substance that, in whole or in part, caused the site to become a contaminated site;

a person who would become a responsible person only because of

an act of war if the person exercised due diligence with respect to any substance that, in whole or in part, caused the site to become a contaminated site;

a person who would become a responsible person only because of

an act or omission of a third party, other than

an employee,

an agent, or

iii

a party with whom the person has a contractual relationship,

if the person exercised due diligence with respect to any substance that, in whole or in part, caused the site to become a contaminated site;

an owner or operator who establishes that

at the time the person became an owner or operator of the site,

the site was a contaminated site,

the person had no knowledge or reason to know or suspect that the site was a contaminated site, and

the person undertook all appropriate inquiries into the previous ownership and uses of the site and undertook other investigations, consistent with good commercial or customary practice at that time, in an effort to minimize potential liability,

if the person was an owner of the site, the person did not transfer any interest in the site without first disclosing any known contamination to the transferee, and

iii

the owner or operator did not, by any act or omission, cause or contribute to the contamination of the site;

an owner or operator who

owned or occupied a site that at the time of acquisition was not a contaminated site, and

during the ownership or operation, did not dispose of, handle or treat a substance in a manner that, in whole or in part, caused the site to become a contaminated site;

a person described in

section 45 (1) (

c) or (

d) or (2) (

c) or (d) [persons responsible for remediation of contaminated sites] who

transported or arranged to transport the substance to the site, if the owner or operator of the site was authorized under

an Act to accept the substance at the time of its deposit, and

received permission from the owner or operator described in subparagraph (

i) to deposit the substance;

a government body that involuntarily acquires an ownership interest in the contaminated site, other than by government restructuring or expropriation, unless the government body caused or contributed to the contamination of the site;

g.1

a government body that takes possession of or acquires an ownership interest in the contaminated site under an order of the court under

section 6, 9 (4) or 28 of the Civil Forfeiture Act or a delegate under

section 66 (2) of that Act who is exercising powers or performing duties and functions of the director, as defined in that Act, in relation to the contaminated site;

a person who provides assistance respecting remediation work at a contaminated site, unless the assistance is carried out in a negligent fashion;

a person who provides advice respecting remediation work at a contaminated site unless the advice is negligent;

a person who owns or operates a contaminated site that was contaminated only by the migration of a substance from other real property not owned or operated by the person;

an owner or operator of a contaminated site containing substances that are present only as natural occurrences not assisted by human activity and if those substances alone caused the site to be a contaminated site;

subject to subsection (2), a government body that possesses, owns or operates a roadway, highway or right of way for sewerage or waterworks on a contaminated site, to the extent of the possession, ownership or operation;

a person who was a responsible person for a contaminated site for which a certificate of compliance was issued and for which another person subsequently proposes or undertakes to

change the use of the contaminated site, and

provide additional remediation;

a person who is in a class designated in the regulations as not responsible for remediation.

Subsection (1) (

l) does not apply with respect to contamination placed or deposited below a roadway, highway or right of way for sewerage or waterworks by the government body that possesses, owns or operates the roadway, highway or right of way for sewerage or waterworks.

2.1

Subsection (1) (g.1) does not apply with respect to contamination if the government body or delegate referred to in that provision caused or contributed to the contamination of the site.

A person seeking to establish that they are not a responsible person under subsection (1) has the burden to prove all elements of the exemption on a balance of probabilities.

General principles of liability for remediation

A person who is responsible for remediation of a contaminated site is absolutely, retroactively and jointly and separately liable to any person or government body for reasonably incurred costs of remediation of the contaminated site, whether incurred on or off the contaminated site.

Subsection (1) must not be construed as prohibiting the apportionment of a share of liability to one or more responsible persons by the court in an action or proceeding under subsection (5) or by a director in an order under

section 48 [remediation orders] .

For the purpose of this section, costs of remediation means all costs of remediation and includes, without limitation,

costs of preparing a site disclosure statement,

costs of carrying out a site investigation and preparing a report, whether or not there has been a determination under

section 44 [determination of contaminated sites] as to whether or not the site is a contaminated site,

legal and consultant costs associated with seeking contributions from other responsible persons, and

fees imposed by a director, a municipality, an approving officer or the regulator under this Part.

Liability under this Part applies

even though the introduction of a substance into the environment is or was not prohibited by any legislation if the introduction contributed in whole or in part to the site becoming a contaminated site, and

despite the terms of any cancelled, expired, abandoned or current permit or approval or waste management plan and its associated operational certificate that authorizes the discharge of waste into the environment.

Subject to

section 50 (3) [minor contributors] , any person, including, but not limited to, a responsible person and a director, who incurs costs in carrying out remediation of a contaminated site may commence an action or a proceeding to recover the reasonably incurred costs of remediation from one or more responsible persons in accordance with the principles of liability set out in this Part.

Subject to subsections (7) and (8), a person is not required to obtain, as a condition of an action or proceeding under subsection (5) being heard by a court,

a decision, determination, opinion or apportionment of liability for remediation from a director, or

an opinion respecting liability from an allocation panel.

In all cases, the site that is the subject of an action or proceeding must be determined or considered under

section 44 [determination of contaminated sites] to be or to have been a contaminated site before the court can hear the matter.

Despite subsection (7), if independent remediation has been carried out at a site and the site has not been determined or considered under

section 44 [determination of contaminated sites] to be or to have been a contaminated site, the court must determine whether the site is or was a contaminated site.

The court may determine in accordance with the regulations, unless otherwise determined or established under this Part, any of the following:

whether a person is responsible for remediation of a contaminated site;

whether the costs of remediation of a contaminated site have been reasonably incurred and the amount of the reasonably incurred costs of remediation;

the apportionment of the reasonably incurred costs of remediation of a contaminated site among one or more responsible persons in accordance with the principles of liability set out in this Part;

such other determinations as are necessary to a fair and just disposition of these matters.

Remediation orders

A director may issue a remediation order to any responsible person.

A remediation order may require a person referred to in subsection (1) to do any or all of the following:

undertake remediation;

contribute, in cash or in kind, towards the costs of another person who has reasonably incurred costs of remediation;

give security, which may include real and personal property, in the amount and form the director specifies.

For the purpose of deciding whether to require a person to undertake remediation under subsection (2), a director may consider whether remediation should begin promptly, and must consider each of the following:

adverse effects on human health or pollution of the environment caused by contamination at the site;

the potential for adverse effects on human health or pollution of the environment arising from contamination at the site;

the likelihood of the responsible persons or other persons not acting expeditiously or satisfactorily in implementing remediation;

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

section 10 of that Act;

in consultation with the regulator, the adequacy of remediation being undertaken under

section 41 of the Energy Resource Activities Act ;

e.1

the actions being undertaken or to be undertaken under a recovery plan approved under

section 91.2 (5) [responsible persons — spill response] ;

other factors prescribed in the regulations.

For the purpose of deciding who will be ordered to undertake or contribute to remediation under subsections (1) and (2), a director, to the extent feasible without jeopardizing remediation requirements, must

take into account private agreements between or among responsible persons respecting liability for remediation, if those agreements are known to the director, and

on the basis of information known to the director, name one or more persons whose activities, directly or indirectly, contributed most substantially to the site becoming a contaminated site, taking into account such factors as

the degree of involvement by the persons in the generation, transportation, treatment, storage or disposal of any substance that contributed, in whole or in part, to the site becoming a contaminated site, and

the diligence exercised by persons with respect to the contamination.

A remediation order does not affect or modify a right of a person affected by the order to seek or obtain relief under an agreement, other legislation or common law, including, but not limited to, damages for injury or loss resulting from a release or threatened release of a contaminating substance.

If a remediation order, or a pollution abatement order under

section 83 [pollution abatement orders] that imposes a requirement for remediation, is issued in respect of a site, and the director has not yet determined under

section 44 [determination of contaminated sites] whether the site is a contaminated site, as soon as reasonably possible after the issuance of the order, the director must determine

whether the site is a contaminated site, in accordance with

section 44 [determination of contaminated sites] , and

whether the person named in the order is a responsible person under

section 45 [persons responsible for remediation of contaminated sites] .

If a person named in an order referred to in subsection (6) is determined not to be a responsible person, the government must compensate the person, in accordance with the regulations, for any costs directly incurred by the person in complying with the order.

The director may provide in a remediation order that a responsible person is not required to begin remediation of a contaminated site for a specified period of time if the contaminated site does not present an imminent and significant threat or risk to

human health, given current and anticipated human exposure, or

the environment.

A person who has submitted a site disclosure statement under

section 40 (7) [site disclosure statements of trustee, receiver, etc.] must not directly or indirectly diminish or reduce assets at a site designated in the site registry as a contaminated site, including, without limitation, by

disposing of real or personal assets, or

subdividing land

unless the person first requests and obtains written notice from a director that the director does not intend to issue a remediation order.

If a director issues or gives notice of the intention to issue a remediation order to a person referred to in subsection (10), subsection (8) applies.

A director may amend or cancel a remediation order.

A director, on making a remediation order must, within a reasonable time, provide notice of the order in writing to every person holding an interest in the contaminated site if the interest is registered in the land title office or a land registry office of a treaty first nation at the time of issuing the order.

If a remediation order authorizes a person to enter specified land, the person who owns or occupies the land must allow the authorized person to enter in accordance with the authorization.

Subsections (14) and (15) do not authorize any person to enter any structure or part of a structure that is used solely as a private residence.

Allocation panel

The minister may appoint up to 12 persons with specialized knowledge in contamination, remediation or methods of dispute resolution to act as allocation advisors under this section.

A director, on request by any person, may appoint an allocation panel consisting of 3 allocation advisors to provide an opinion as to any or all of the following:

whether the person is a responsible person;

whether a responsible person is a minor contributor;

the responsible person's contribution to the contamination and, if the costs of remediation are known or reasonably ascertainable, the share of those costs attributable to that contamination.

For the purpose of providing an opinion under subsection (2) (

b) and (c), the allocation panel must, to the extent of available information, consider the following:

the information available to identify a person's relative contribution to the contamination;

the nature and quantity of substances causing the contamination;

the degree of toxicity of the substances causing the contamination;

the degree of involvement by the responsible person, compared with one or more other responsible persons, in the generation, transportation, treatment, storage or disposal of the substances that caused the contamination;

the degree of diligence exercised by the responsible person, compared with one or more other responsible persons, with respect to the generation, transportation, treatment, storage or disposal of the substances causing contamination, taking into account the characteristics of the substances;

the degree of cooperation by the responsible person with government officials to prevent harm to human health or the environment;

in the case of a minor contributor, factors set out in

section 50 (1) (

a) and (b) [minor contributors] ;

other factors considered by the panel to be relevant to apportioning liability.

A director may require, as a condition of entering a voluntary remediation agreement with a responsible person, that the responsible person, at the responsible person's own expense, seek and provide to the director the opinion of an allocation panel under subsection (2).

If a director appoints an allocation panel with respect to a site, the site is considered to be a contaminated site at the time the allocation panel is appointed, despite the absence of a determination under

section 44 (1) [determination of contaminated sites] .

A director may consider, but is not bound by, the opinion of an allocation panel.

Work performed by the allocation panel must be paid for by the person who requests the opinion.

Minor contributors

A director may determine that a responsible person is a minor contributor if the person demonstrates that

only a minor portion of the contamination present at the site can be attributed to the person,

either

no remediation would be required solely as a result of the contribution of the person to the contamination at the site, or

the cost of remediation attributable to the person would be only a minor portion of the total cost of the remediation required at the site, and

in all circumstances the application of joint and separate liability to the person would be unduly harsh.

If a director makes a determination under subsection (1) that a responsible person is a minor contributor, the director must determine the amount or portion of remediation costs attributable to the responsible person.

A responsible person determined to be a minor contributor under subsection (1) is liable for remediation costs in an action or proceeding brought by another person or the government under

section 47 [general principles of liability for remediation] only up to the amount or portion specified by the director in the determination under subsection (2).

If a director has determined that a responsible person is a minor contributor for a site, the site is considered to be a contaminated site at the time of that determination, despite the absence of a determination under

section 44 (1) [determination of contaminated sites] .

Implementation of Remediation

Voluntary remediation agreements

On the request of a responsible person, including a minor contributor, a director may enter into a voluntary remediation agreement in accordance with the regulations, consisting of

provisions for financial or other contributions by the responsible person,

a certification by the responsible person that the person has fully and accurately disclosed all information in the person's possession or control regarding site conditions and the person's activities respecting that site,

security, which may include real and personal property, in the amount and form, and subject to the conditions the director specifies,

a

schedule of remediation acceptable to the director, and

requirements that the director considers to be reasonably necessary to achieve remediation.

If a responsible person enters into and performs a voluntary remediation agreement according to its terms,

the responsible person is discharged from further liability,

other responsible persons not named in the voluntary remediation agreement are not discharged from liability,

the total potential liability of other responsible persons is reduced by any amount specified in the voluntary remediation agreement,

the right of any person to seek or obtain relief under other legislation or under the common law, including, but not limited to, damages for injury or loss resulting from contamination, is not affected or modified in any way, and

the director is not prevented from entering into another voluntary remediation agreement in respect of the same site.

A director may stipulate in a voluntary remediation agreement that a responsible person is not required to begin remediation of a contaminated site for a specified period of time if the responsible person demonstrates that the contaminated site does not present an imminent and significant threat or risk to

human health, given current and anticipated human exposure, or

the environment.

If a director has entered into a voluntary remediation agreement for a site, the site is considered to be a contaminated site at the time the agreement was made, despite the absence of a determination under

section 44 (1) [determination of contaminated sites] .

Public consultation and review

A director may order that a responsible person, at the person's own expense, provide, in accordance with any regulations, for public consultation on a proposed remediation or a public review of remediation activities.

For the purpose of deciding whether to make an order under subsection (1), the director may take into account any factors the director considers relevant, including without limitation, the following:

the size and location of the contaminated site;

the nature of contamination at the contaminated site;

the potential for human exposure to contamination;

the impact on the environment of the contamination;

migration of contamination off the site;

the remediation methods proposed to be used and the potential for long term health, environmental or financial impacts;

opportunities for public involvement provided by any municipal development approval process;

whether consultation with the public would improve the quality of information in a site investigation;

whether consultation with the public would enable a well informed choice on the preferred remediation alternative;

the extent to which public consultation has already taken place.

Approvals in principle and certificates of compliance

For the purposes of exercising powers and performing duties under this section, a director may rely on any information the director considers sufficient for the purpose, including, but not limited to, a preliminary site investigation, a detailed site investigation, a risk assessment, a remediation plan or a

summary of site condition.

1.1

On application by a responsible person, a director, in accordance with the regulations, may issue an approval in principle stating that a remediation plan for a contaminated site

has been reviewed by the director,

has been approved by the director, and

may be implemented in accordance with conditions specified by the director.

For the purpose of subsection (1.1), if a director has issued an approval in principle with respect to a proposed remedia