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Volume 67, No. 11

155/2024

The British Columbia Gazette,

Part II

June 18, 2024

B.C. Reg. 155/2024 , deposited June 18, 2024, under the COMMUNITY CHARTER [section 9 (4)]. Ministerial Order M186/2024, dated June 13, 2024.

I, George Heyman, Minister of Environment and Climate Change Strategy, order that the Spheres of Concurrent Jurisdiction – Environment and Wildlife Regulation, B.C. Reg. 144/2004, is amended as set out in the attached Schedule.

— G. HEYMAN, Minister of Environment and Climate Change Strategy .

Schedule

Part 3 of the Spheres of Concurrent Jurisdiction – Environment and Wildlife Regulation, B.C. Reg. 144/2004, is repealed and the following substituted:

Part 3 – Single-use and Plastic Waste Prevention

Definitions for

Part 3

3 In this Part:

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

"business operator" means a person who, in the ordinary course of business, sells a commodity or product, whether by wholesale or retail;

"care facility" means any of the following:

(

a) an assisted living residence as defined in

section 1 of the Community Care and Assisted Living Act ;

(

b) a community care facility as defined in

section 1 of the Community Care and Assisted Living Act ;

(

c) a hospital as defined in

section 1 of the Hospital Act ;

(

d) a private hospital as defined in

section 4.1 of the Hospital Act ;

(

e) a Provincial mental health facility as defined in

section 1 of the Mental Health Act ;

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

"correctional facility" means a lawful place of confinement, including, without limitation, a jail, prison, lockup, place of imprisonment, camp or correctional institution, and any land connected with it;

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

"fish" means fish as defined in

section 1 of the Fish and Seafood Act ;

"food service accessory" means any of the following products:

(

a) a beverage cup lid;

(

b) a beverage cup sleeve;

(

c) a condiment;

(

d) a drinking straw;

(

e) a garnish;

(

f) a napkin;

(

g) a utensil;

(

h) a wet wipe;

"food service provider" means a person

(

a) who, in the ordinary course of business, prepares and serves food or beverages to individuals, or

(

b) in the case of a person who is not a business operator, whose activities ordinarily include preparing and serving food or beverages to individuals who are not members of the person’s household;

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

(

a) a bowl;

(

b) a box or carton, including an egg carton;

(

c) a cup;

(

d) a hinged or lidded container;

(

e) a plate;

(

f) a platter;

(

g) a tray;

(

h) film wrap;

"oxo-degradable plastic" means a plastic that contains an additive that, through oxidation, leads to chemical decomposition or to the fragmentation of the plastic material into microfragments;

"packaging" , except in

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

section 1 (1) of the Environmental Management Act ;

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

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

(

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

(

b) remove from a container or packaging and place or repackage in a different container or package;

"recycled paper bag" means a paper bag

(

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

(

b) on the outside of which is printed a reference to the applicable percentage of recycled content and the word "recyclable";

"restricted material" means any of the following materials:

(

a) biodegradable plastic;

(

b) compostable plastic;

(

c) polystyrene foam;

(

d) polyvinyl chloride;

(

e) polyvinylidene chloride;

"reusable bag" means a bag that is manufactured to be used and machine-washed at least 100 times;

"sell" includes offer for sale;

"shopping bag" means a bag that is distributed or sold by a business operator for the purpose of facilitating the transport of a commodity or product that is distributed or sold by the business operator, from the business operator’s place of business;

"single-use" , when used in reference to an item, means the item is ordinarily disposed of after a single use or short-term use, whether or not it could be reused;

"splash plug" means any type of plug manufactured to prevent a beverage from spilling from the lid of its container;

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

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

Application

4 The authority to establish a prohibition under

section 10, 11 or 12 does not apply to food service accessories sold by a food service provider in quantities of 20 or more.

Authority of municipality

5 For the purposes of

section 9 (4) (a) (

i) of the Act, a municipality may, under

section 8 (3) (

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

Packaging and single-use products composed of oxo-degradable plastic

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

(2) For the purposes of

section 9 (4) (

b) of the Act, the exercise of the authority under subsection (1) is subject to the condition that the bylaw must exclude from its application all of the following:

(

a) a device as defined in the Pharmaceutical Services Act ;

(

b) packaging or a single-use product intended for sale or distribution to a person outside British Columbia.

Shopping bags

(1) A municipality may do any of the following:

(

a) prohibit a business operator from distributing or selling a shopping bag other than a recycled paper bag or reusable bag;

(

b) require that a business operator report to the municipality respecting the sale or distribution of shopping bags.

(2) For the purposes of

section 9 (4) (

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

a) is subject to the following conditions:

(

a) the bylaw must permit a business operator to provide a recycled paper bag or reusable bag on payment of a charge for the bag, as follows:

(

i) at least $0.25 for each recycled paper bag;

(ii) at least $2 for each reusable bag;

(

b) the bylaw must include an exemption from the payment of the charge if any of the following apply:

(

i) the bag is a used bag;

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

(iii) the bag is a recycled paper bag and is distributed to facilitate the transport of any of the following:

(

A) a drug specified in

Schedule I, IA, II or III of the Drug Schedules Regulation;

(

B) a device as defined in the Pharmaceutical Services Act ;

(iv) the business operator is a food service provider, and the bag is a recycled paper bag that is distributed for any of the following purposes:

(

A) to facilitate the transport of food or beverages that are prepared by the business operator and purchased for delivery;

(

B) to contain prepared food or beverages served to a customer through a window at a drive-through restaurant;

(

v) the bag

(

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

(

B) contains food, beverages or personal hygiene products that are to be provided directly or indirectly to an individual for free or at reduced cost by a society or by a registered charity as defined in

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

Bag charge not a fee payable to municipality

8 An amount referred to in

section 7 (2) (

a) must not be collected by the municipality as a fee payable to the municipality.

Food service ware composed of specified material

(1) A municipality may do any of the following:

(

a) prohibit a food service provider from distributing or selling food or beverages if the food or beverages are

(

i) prepared by the food service provider for takeout, delivery or immediate consumption, and

(ii) contained or packaged in food service ware that is wholly or partly composed of a restricted material specified in the bylaw;

(

b) prohibit a business operator from distributing or selling food or beverages that are contained or packaged in food service ware that is wholly or partly composed of a restricted material specified in the bylaw;

(

c) prohibit a business operator from distributing or selling food service ware that is wholly or partly composed of a restricted material specified in the bylaw.

(2) For the purposes of

section 9 (4) (

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

a) is subject to the condition that the bylaw must, subject to subsection (5), exclude from its application all of the following:

(

a) food service ware that is wholly composed of paper or a plant fibre material and lined with compostable plastic;

(

b) food or beverages intended for sale or distribution to a person outside British Columbia;

(

c) film wrap that is wholly composed of polyvinyl chloride.

(3) For the purposes of

section 9 (4) (

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

b) is subject to the condition that the bylaw must, subject to subsections (5) and (6), exclude from its application all of the following:

(

a) food or beverages intended for sale or distribution to a person outside British Columbia;

(

b) film wrap that is wholly composed of polyvinyl chloride;

(

c) a tray that is wholly composed of polystyrene foam and used to contain any of the following types of food, whether fresh or frozen:

(

i) raw meat;

(ii) raw poultry;

(iii) raw fish in a state not ready to be eaten.

(4) For the purposes of

section 9 (4) (

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

c) is subject to the condition that the bylaw must, subject to subsections (5) and (6), exclude from its application all of the following:

(

a) food service ware intended for sale or distribution to a person outside British Columbia;

(

b) food service ware sold or distributed to a business operator for the purpose of containing or packaging food or beverages intended for sale to a person outside British Columbia;

(

c) film wrap that is wholly composed of polyvinyl chloride;

(

d) a tray that is wholly composed of polystyrene foam and sold or distributed to a business operator for the purpose of containing any of the following types of food, whether fresh or frozen:

(

i) raw meat;

(ii) raw poultry;

(iii) raw fish in a state not ready to be eaten.

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

b) or (4) (

c) must cease to apply on July 1, 2028.

(6) An exclusion referred to in subsection (3) (

c) or (4) (

d) must cease to apply on July 1, 2030.

Single-use food service accessories

(1) A municipality may prohibit a food service provider from distributing or selling a single-use food service accessory.

(2) For the purposes of

section 9 (4) (

b) of the Act, the exercise of the authority under subsection (1) is subject to the condition that the bylaw must provide an exception permitting the distribution or sale of a single-use food service accessory in any of the following circumstances:

(

a) a customer requests, or accepts an offer of, the food service accessory, including by making a request or accepting an offer electronically;

(

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

(

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

(

i) purchased for delivery, or

(ii) served through a window to a customer at a drive-through restaurant;

(

d) the food service accessory is distributed or sold at a care facility for use by a person admitted to or receiving assistance, care, supervision, treatment, maintenance or rehabilitation at the care facility;

(

e) the food service accessory is a utensil for use by a person confined in a correctional facility and at risk of self-harm or harming another person.

Plastic single-use utensils

(1) A municipality may prohibit a food service provider from distributing or selling a single-use utensil that is wholly or partly composed of plastic.

(2) For the purposes of

section 9 (4) (

b) of the Act, the exercise of the authority under subsection (1) is subject to the condition that the bylaw must provide an exception permitting the distribution or sale of a single-use utensil wholly or partially composed of plastic for use by a person confined in a correctional facility and at risk of self-harm or harming another person.

Bundled single-use food service accessories

(1) A municipality may prohibit a food service provider from distributing or selling a single-use food service accessory that is bundled or pre-packaged together with one or more other single-use food service accessories.

(2) For the purposes of

section 9 (4) (

b) of the Act, the exercise of the authority under subsection (1) is subject to the condition that the bylaw must provide an exception permitting the distribution or sale, at a care facility, of a single-use food service accessory that is bundled or pre-packaged together with one or more other single-use food service accessories for use by

(

a) a person admitted to the care facility, or

(

b) a person receiving assistance, care, supervision, treatment, maintenance or rehabilitation at the care facility.

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