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Volume 56, No. 19

209/2013

The British Columbia Gazette,

Part II

October 8, 2013

B.C. Reg. 209/2013 , deposited September 27, 2013, pursuant to the ENVIRONMENTAL MANAGEMENT ACT [section 138 (4)]. Ministerial Order M248/2013, dated September 16, 2013.

I, Mary Polak, Minister of Environment, order that the Environmental Data Quality Assurance Regulation, B.C. Reg. 301/90, is amended as set out in the attached schedule.

— M. POLAK, Minister of Environment .

Schedule

Section 1 of the Environmental Data Quality Assurance Regulation, B.C. Reg. 301/90, is amended

(

a) by repealing the definition of “CAEAL” and substituting the following:

“CALA” means the Canadian Association for Laboratory Accreditation Inc.; ,

(

b) by repealing the

definitions of “designated characteristics” and “director” and substituting the following:

“designated analyte” means a chemical or biological constituent or parameter that a laboratory may be recognized by CALA as proficient in testing for;

“director” includes the administrator, or an inspector, as defined in the Integrated Pest Management Act ;

“directory of qualified laboratories” means the directory published by the minister of laboratories that

(

a) the director is satisfied have achieved, by participation in the Proficiency Testing Program, formal recognition by CALA to carry out specified tests, and

(

b) have complied, and continue to comply, with

section 5 in respect of those specified tests; ,

(

c) by repealing the definition of “Inter-laboratory Comparison Program” ,

(

d) by adding the following definition:

“Proficiency Testing Program” means the inter-laboratory comparison program operated by CALA under which laboratories analyze reference samples provided by CALA, or by a provider approved by CALA, and report results for evaluation in accordance with CALA requirements; ,

(

e) in the definition of “reference sample” by striking out “ characteristics or ”,

(

f) by repealing the definition of “registered laboratory” and substituting the following:

“qualified laboratory” , in respect of a test, means a laboratory that is listed in the directory of qualified laboratories as qualified to perform the test; , and

(

g) in the definition of “split sample” by striking out “ identical characteristics ” and substituting “ identical analytes ”.

Section 2 is repealed and the following substituted:

Sampling, analytical, quality control and reporting procedures

(1) A person required to collect samples and submit environmental monitoring data as a requirement of an order, permit, licence, approval or certificate issued under an enactment administered by the minister must

(

a) cause the samples to be analyzed by a qualified laboratory for the analytes specified in the order, permit, licence, approval or certificate, and

(

b) provide to the director, not later than 45 days after the date the sample is collected, the results of the qualified laboratory’s analysis.

(2) If a director requires that an officer, or another person the director designates, collect a split sample in respect of monitoring required under an order, permit, licence, approval or certificate referred to in subsection (1), the person subject to the order, permit, licence, approval or certificate must

(

a) cause one part of the split sample to be analyzed by a qualified laboratory for the analytes specified by the director, and

(

b) provide to the director, not later than 45 days after the date the sample is collected, the results of the qualified laboratory’s analysis.

(3) A person required to collect samples and submit environmental monitoring data as a requirement of an order, permit, licence, approval or certificate issued under an enactment administered by the minister, must, on the request of a director, provide to the director, not later than 45 days after the date the samples are analyzed, the results of the analysis of standard samples of gases introduced to an emission analyzer, or ambient air analyzer, operated as a requirement of the order, permit, licence, approval or certificate.

(4) A person required to collect samples under this

section must

(

a) follow the sampling procedures as specified or authorized by the director, and

(

b) on the request of a director, provide a report describing the methods used to collect and analyze the samples.

Section 5 is repealed and the following substituted:

Proficiency testing results

5 To become and remain listed in the directory of qualified laboratories, a laboratory must

(

a) participate in the Proficiency Testing Program, and

(

b) ensure that CALA provides to the director, for each designated analyte in respect of which the laboratory participates in the Proficiency Testing Program, a copy of the results of proficiency testing performed by the laboratory on every reference sample provided by CALA, or by a provider approved by CALA, for the purpose of evaluating that laboratory’s proficiency in testing for the designated analyte.

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