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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE CATHY McGREGOR

MINISTER OF ENVIRONMENT, LANDS AND PARKS

BILL 40 – 1998

ENVIRONMENT MANAGEMENT AMENDMENT ACT, 1998

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

1 The Environment Management Act, R.S.B.C 1996, c. 118, is amended by adding the

following heading before

section 1:

Part 1 – Environmental Management .

Section 1 (1) is amended

(

a) by striking out "In this Act:" and substituting "In this Part:" , and

(

b) in the definition of "board" by striking out "Act;" and substituting "Part;" .

3 Sections 1 (2), 8, 9 (3), 10 (1), 13 and 14 (4) are amended by striking out "Act" wherever

it appears and substituting "Part" .

Section 11 (1) is amended by adding ", or under

Part 2 of this Act," after "any other enactment" .

5 The following

Part is added:

Part 2 – Environmental Stewardship

Definitions

16 In this Part:

"board" means the board of directors of a stewardship agency;

"company" means a company incorporated or continued under the Company Act or

the

Canada Business Corporations Act (Canada);

"electronic library" means a data base located at an internet site maintained by a

stewardship agency;

"registrant" means a person who is registered with a stewardship agency;

"society" means a society incorporated under the Society Act ;

"stewardship agency" means a stewardship agency, established under

section 18 (1), that has been delegated authority to administer and manage a

stewardship program;

"stewardship program" means a stewardship program established under an

enactment for the enhancement, management and protection of the environment.

Purpose

17 The purpose of this

Part is

(

a) to enhance the capacity of the ministry to carry out new stewardship

programs, and

(

b) to provide for the enhancement, management and protection of the

environment by authorizing and governing the establishment and operation

of stewardship agencies.

Establishment of stewardship agencies

(1) Subject to subsection (4), the Lieutenant Governor in Council may, by regulation,

(

a) establish and name one or more stewardship agencies, and

(

b) delegate to a stewardship agency all or part of

(

i) the administration and management of a stewardship program, and

(ii) the authorities of the government under a stewardship program.

(2) A delegation under subsection (1) (

b) is subject to the limitations, conditions and

requirements that the Lieutenant Governor in Council may prescribe.

(3) In a delegation under subsection (1) (

b) the Lieutenant Governor in Council may

authorize a stewardship agency to delegate to a company, corporation or society

all or part of the exercise of the delegated power subject to the limitations,

conditions and requirements that the Lieutenant Governor in Council may

prescribe.

(4) The Lieutenant Governor in Council must not make a regulation under

subsection (1) that affects the administration and management of a stewardship

program except on the recommendation of the minister or ministers responsible

for that stewardship program.

(5) A stewardship agency, company, corporation or society must exercise in the

public interest the powers and authorities delegated to it under this section.

(6) A stewardship agency is a corporation and for all purposes an agent of the

government.

(7) Subject to the other provisions of this Part, a stewardship agency has the powers

and capacity of a natural person of full capacity.

(8) The Company Act does not apply to a stewardship agency, but the Lieutenant

Governor in Council may, by order, direct that one or more provisions of the

Company Act apply to a stewardship agency.

(9) The Lieutenant Governor in Council may take any steps that are necessary to

cancel all or part of a delegation made under subsection (1) (

b) if the Lieutenant

Governor in Council considers it appropriate to do so.

Directors

(1) A stewardship agency established under

section 18 (1) must have a board of

directors consisting of at least 5 persons appointed by the Lieutenant Governor in

Council.

(2) The Lieutenant Governor in Council may designate one of the directors as chair

of the board and one or more of the directors as vice chair.

(3) One or more of the persons appointed under subsection (1) may be from ministry

staff or from the staff of another ministry.

(4) The Lieutenant Governor in Council must appoint persons to the board, other

than those referred to in subsection (3), that the Lieutenant Governor in Council

considers are representative of the various stakeholders who have an interest in

the stewardship program for which the stewardship agency has responsibility.

(5) An appointment to the board is for a term of not more than 4 years unless sooner

revoked, but a person may be reappointed for further terms.

(6) A director who is not a public service employee within the meaning of the Public

Service Act may be paid remuneration set by the board, and every director must

be reimbursed for reasonable out of pocket travelling and other expenses incurred

in the discharge of his or her duties.

Powers of a board

(1) A board must make rules

(

a) governing its own operations and procedures, and

(

b) governing the operations and procedures of the stewardship agency.

(2) The rules of the board made under subsection (1) must be available for public

inspection

(

a) during regular business hours at the office of the stewardship agency, and

(

b) on the electronic library.

(3) The board must govern and administer the affairs of the stewardship agency

(

a) in accordance with this Part, the regulations under this Part, the rules of the

board and any directions of the minister, and

(

b) in the public interest.

Powers and duties of a stewardship agency

(1) A stewardship agency must do all of the following:

(

a) administer and manage stewardship programs in accordance with

regulations made under

section 18 (1);

(

b) exercise the authorities of the government under stewardship programs as

delegated by the Lieutenant Governor in Council;

(

c) accept applications for the registration of persons, and renew the registration

of registrants;

(

d) establish and maintain an electronic library;

(

e) establish and maintain a public registry of registrants, and make the registry

available to the public on the electronic library.

(2) For the better administration and management of a stewardship program, a

stewardship agency may do any or all of the following:

(

a) appoint officers and hire employees it considers necessary for the work of

the stewardship agency, and set the terms of their employment including

setting their remuneration and duties;

(

b) establish categories of registrants and classes of activities, operations and

products;

(

c) set fees for the registration and renewal of registration of categories of

persons referred to in

section 22 (1), and may provide differently for

different categories of persons;

(

d) set levies to be paid by categories of registrants with respect to their

activities, operations and products, and may provide differently for different

categories of registrants and different classes of activities, operations and

products;

(

e) direct that levies referred to in paragraph (

d) be paid to the stewardship

agency or to another registrant;

(

f) suspend, cancel or vary the registration of a registrant;

(

g) develop policies respecting the administration and management of

stewardship programs and apply those policies;

(

h) spend money raised by fees and levies

(

i) for administrative expenses, salaries and other costs of the

stewardship agency,

(ii) to promote environmentally responsible conduct,

(iii) to monitor and report on compliance with the stewardship program

and any standards, codes of practice and best management practices

established under paragraph (m), and

(iv) for other prescribed purposes;

(

i) require registrants to provide to the stewardship agency information that

demonstrates compliance with this Part and the stewardship program;

(

j) provide and accept any application, notice or communication by electronic

means;

(

k) provide monitoring and inspection services, and maintain files and

documentation respecting those services;

(

l) advise the minister with respect to the development and application of

regulations for stewardship programs;

(

m) with the approval of the minister, establish standards, codes of practice and

best management practices that apply to registrants;

(

n) promote industry and community involvement in the operation of

stewardship programs;

(

o) design and administer training, testing and certification programs for

registrants with respect to their activities, operations and products;

(

p) provide for dispute resolution services if at least one registrant of the

stewardship agency is involved in the dispute;

(

q) provide the public with information, education and communications

respecting stewardship programs;

(

r) enter into any contract considered by the stewardship agency to be

necessary or desirable for the exercise of its powers and the performance of

its duties;

(

s) perform other prescribed powers and duties in relation to stewardship

programs.

(3) Before exercising a power under subsection (2) (c), (d), (

e) or (m), the board must

do all of the following:

(

a) give notice of the board's intention to exercise the power

(

i) by a means acceptable to the minister, and

(ii) by posting on the electronic library;

(

b) give stakeholders a reasonable opportunity to provide the board with

comments respecting the proposed power;

(

c) take into account any comments received from stakeholders;

(

d) approve the matter by a majority vote of the directors of the board who are

entitled to vote.

(4) The board must give notice of a power exercised under subsection (2) (c), (d), (

e) or (m), by publishing in one issue of the Gazette and by posting and maintaining

on the electronic library, that the board has exercised the power and its effective

date, and provide a

summary description of the power exercised and a statement

of fees or levies, if any, set by the board.

(5) Despite the Financial Administration Act , fees

and levies payable under subsection (2) (

c) and (

d) do not form part of the

consolidated revenue fund.

Registration and renewal requirements

(1) A person who is in a prescribed category of persons must

(

a) make an application to register with the stewardship agency that administers

and manages a stewardship program that applies to that person,

(

b) register in the form and manner specified by the stewardship agency, and

(

c) pay any applicable registration fees and levies assessed by the stewardship

agency.

(2) A stewardship agency must register a person who complies with all of the

requirements of subsection (1).

(3) A registrant must

(

a) renew their registration annually in the form and manner specified by the

stewardship agency,

(

b) pay any applicable renewal fees and levies assessed by the stewardship

agency, and

(

c) comply with this Part and the regulations.

(4) This

section applies to a person referred to in subsection (1) or (3) despite the

failure of that person to register or renew a registration, and any fees and levies,

including interest, that would have been payable had the person registered or

renewed registration are an amount owing to the stewardship agency or to another

registrant as directed by the board.

Directions by the minister

(1) The minister may issue written directions to a stewardship agency

(

a) specifying factors, criteria and guidelines that the stewardship agency must

use when exercising its powers and performing its duties, and

(

b) setting objectives and targets for stewardship programs.

(2) A stewardship agency must comply with any direction made by the minister.

Reporting requirements

(1) A stewardship agency must prepare and submit to the minister, by March 31 in

each year, an annual report in respect of the previous calendar year that includes

(

a) a financial statement for the stewardship agency prepared

by an auditor qualified to be the auditor of a reporting company under

section

180 of the Company Act , and

(

b) a report on the operation and financial performance of the stewardship

agency in relation to

section 18 (1) (b), and

(ii) any other objectives or targets set by the minister under

section 23 (1) (b).

(2) In addition to the requirements of subsection (1), the minister may, at any time,

require a stewardship agency to submit a report in respect of the matters set out

in subsection (1) (b).

(3) Despite subsection (1), the first annual report of a stewardship agency is due by

March 31 of the year following completion of the first full year of operation of

the stewardship agency, and must be in respect of the operation of the stewardship

agency for all months before and including that full year of operation.

(4) The annual report required by subsection (1) must be made available to the public

by posting it on the electronic library.

Annual meeting of a stewardship agency

(1) On or after April 1 in each year, a stewardship agency must hold a public general

meeting and give notice of that general meeting

(

a) to each registrant, and

(

b) to the general public.

(2) For the purpose of subsection (1) (b), the stewardship agency must give public

notice of the time and place and the purpose of the general meeting

(

a) by a means acceptable to the minister, and

(

b) by posting on the electronic library.

(3) The annual report referred to in

section 24 (1) must be presented to the general

meeting, and there must be an opportunity at the general meeting for public

comment on the report.

(4) Despite subsection (1), a stewardship agency is not required to hold the first

general meeting until after the submission to the minister of the first annual report

required by

section 24 (1).

Immunity for acts or omissions in good faith

(1) No action for damages lies or may be brought against a director of a board,

company, corporation or society, or a person acting on behalf of or under the

direction of the board, company, corporation or society, because of anything done

or omitted in good faith

(

a) in the performance or intended performance of any duty under this Part or

the regulations, or

(

b) in the exercise or intended exercise of any power under this Part or the

regulations.

(2) Subsection (1) does not absolve the board, company, corporation or society from

vicarious liability for

an act or omission for which it would be vicariously liable

if this

section were not in force.

Confidentiality

(1) A person acting under the authority of this Part must keep confidential all facts,

information and records which identify a registrant and that were obtained or

provided under this Part or any other enactment, except so far as the person's

public duty requires, or this Part or another enactment permits, the person to

make disclosure of them or to report or take official action on them.

(2) Except in respect of a proceeding under this Part or another enactment, a person

to whom subsection (1) applies is not in any civil proceeding compelled to give

evidence respecting any facts, information or records obtained by the person in

the course of the person's duties.

Summary proceedings without action

(1) If a person fails to pay fees or levies that are due and payable to a stewardship

agency or registrant under this Part, the chair of the board of directors of the

stewardship agency may issue a certificate stating the amount due, the amount

remaining unpaid, including interest, and the name of the person by whom that

amount is payable.

(2) The chair of the board may file the certificate issued under subsection (1) with

any district registrar of the Supreme Court and, when filed, the certificate has the

same effect, and all proceedings may be taken on it, as if it were a judgment of

the court in favour of the stewardship agency or registrant for the recovery of a

debt of the amount stated in the certificate against the person named in it.

Appeals

(1) If a registrant is aggrieved by a decision made by a stewardship agency

(

a) in the exercise of the authorities of the government delegated to it under

section 18 (1) (b) (ii), or

(

b) under

section 21 (2) (f),

the registrant may, within 30 days of the decision, appeal the decision to the

Environmental Appeal Board established under

Part 1.

(2) On hearing an appeal under subsection (1), the Environmental Appeal Board may

confirm, vary or rescind the decision under appeal.

Offence and penalty

(1) A person who contravenes

section 18 (5), 22 (1) (

a) or (3) (a), 24 (1) or 27

(1) commits an offence and is liable on conviction to a fine of not more than $25 000.

(2) If a corporation commits an offence under this Part, 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.

(3) If an offence under this

Part continues for more than one day, separate fines, each

not exceeding the maximum fine for that offence, may be imposed for each day

the offence continues.

(4) Section 5 of the Offence Act does not apply to this Part.

Regulations

(1) The Lieutenant Governor in Council may make regulations referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make

regulations as follows:

(

a) prescribing additional purposes for which expenditures may be made by

stewardship agencies;

(

b) prescribing additional powers, duties and activities of stewardship agencies

for the better carrying out of stewardship programs;

(

c) prescribing categories of persons who must register with a stewardship

agency, and may provide differently for different categories of persons;

(

d) prescribing standards that apply to registrants, activities, operations and

products;

(

e) limiting or varying the application of

section 24 (1);

(

f) respecting any matter the Lieutenant Governor in Council considers

necessary or advisable to carry out the intent and purpose of this Part.

(3) A regulation made under this

section may adopt by reference, with any changes

the Lieutenant Governor in Council considers necessary, all or part of any code

or standard established by a stewardship agency under

section 21 (2) (m), and

may require compliance with that code or standard as adopted.

Transitional

(1) The Lieutenant Governor in Council may make regulations

(

a) setting levies to be paid by persons who are subject to a stewardship

program with respect to their activities, operations and products, and may

provide differently for different categories of persons and different classes

of activities, operations or products, and

(

b) directing to whom levies referred to in paragraph (

a) must be paid.

(2) This

section and the regulations made under it are repealed on

December 31, 2000.

(3) A person who contravenes a regulation made under subsection (1) commits an

offence and is liable on conviction to a fine of not more than $25 000.

Consequential Amendment

Waste Management Act

Section 57 (2) of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended by adding

the following paragraph:

(

w) establishing stewardship programs for the enhancement, management and

protection of the environment.

Explanatory Notes

SECTION 1: [Environment Management Act, adds a heading] consolidates sections 1

to 15 of the Environment Management Act under

Part 1.

SECTION 2: [Environment Management Act, amends

section 1 (1)] is consequential to the

amendment made by

section 1 of this Bill.

SECTION 3: [Environment Management Act, amends sections 1 (2), 8, 9 (3), 10 (1), 13

and 14 (4)] is consequential to the amendment made by

section 1 of this Bill.

SECTION 4: [Environment Management Act, amends

section 11 (1)] is consequential to

section 29 of the Environment Management Act as enacted by

section 5 of this

Bill.

SECTION 5: [Environment Management Act, enacts

Part 2]

This Part provides for the enhancement, management and protection of the

environment by authorizing and governing the establishment and operation

of stewardship agencies.

Stewardship agencies will be established by the Lieutenant Governor in

Council and will be delegated the authority to administer and manage stewardship

programs created under enactments. A consequential amendment to

the Waste Management Act enables the Lieutenant Governor in Council to

make regulations establishing stewardship programs for the purposes of that

Act.

Each stewardship agency will be governed by a board of directors appointed

by the Lieutenant Governor in Council. Persons appointed to the board,

other than ministry staff, must be representative of the various stakeholders

who have an interest in the stewardship program for which the stewardship

agency has responsibility.

Each stewardship agency and its board of directors will have the powers and

obligations set out in this Part. Under this Part, stewardship agencies have

been enabled to operate on a cost recovery basis.

The range of activities carried out by a stewardship agency will be determined

on a case-by-case basis, depending on the results of consultation with

stakeholders, the needs of the ministry, the capabilities, resources, skills and

expertise of the stewardship agency, and other specific circumstances.

SECTION 6: [Waste Management Act, adds

section 57 (2) (w)] allows the Lieutenant

Governor in Council to make regulations establishing stewardship programs

for the purposes of the Waste Management Act .

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