5th Session, 42nd Parliament

(2024) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MS. SONIA FURSTENAU

BILL M 211 – 2024

CLEAN AIR ACT

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

Contents

Definitions

Carbon dioxide monitor

Clean Air Plan – indoor air quality

Provisions of Public Health Act apply

Workplace standards – outdoor air quality

Provisions of Workers Compensation Act apply

Regulations

Commencement

This Bill provides for requirements respecting indoor air quality in designated settings and outdoor air quality in relation to outdoor work.

Definitions

1 In this Act:

"Clean Air Plan" means the Clean Air Plan established under

section 3 (1);

" designated setting" means any of the following:

(

a) a building owned or leased by an education authority at which students receive instruction in an educational program, as defined in

section 1 (1) of the School Act or

section 1 (1) of the Independent School Act , as applicable;

(

b) a building owned or leased by an institution established or continued under one of the following Acts:

(

i) the College and Institute Act ;

(ii) the Royal Roads University Act ;

(iii) the Thompson Rivers University Act ;

(iv) the University Act ;

(

c) a facility licensed under the Community Care and Assisted Living Act to provide a child care program prescribed under that Act;

(

d) a facility licensed under the Community Care and Assisted Living Act to provide a residential program prescribed under that Act to children or youth;

(

e) an assisted living residence, as defined in

section 1 of the Community Care and Assisted Living Act , that is registered under that Act;

(

f) a community care facility, as defined in

section 1 of the Community Care and Assisted Living Act , that is licensed under that Act;

(

g) a hospital as defined in

section 1 of the Hospital Act , including a private hospital within the meaning of

Part 2 of that Act;

(

h) any other prescribed place;

" education authority" means

(

a) a board as defined in

section 1 (1) of the School Act ,

(

b) a francophone education authority as defined in

section 1 (1) of the School Act , or

(

c) an authority as defined in

section 1 (1) of the In dependent School Act ;

"employer" has the same meaning as in

section 13 of the Workers Compensation Act ;

"health authority" means a board as defined in

section 1 of the Health Authorities Act ;

"joint committee" has the same meaning as in

section 13 of the Workers Compensation Act ;

"operator" in relation to a designated setting, means the person primarily responsible for the daily operations of the designated setting;

"worker" has the same meaning as in

section 13 of the Workers Compensation Act ;

"worker health and safety representative" has the same meaning as in

section 13 of the Workers Compensation Act .

Carbon dioxide monitor

(1) The operator of a designated setting must install a carbon dioxide monitor in each room of the designated setting that is designed or intended for use by groups of individuals, including, without limitation, each of the following rooms:

(

a) activity room;

(

b) auditorium;

(

c) cafeteria;

(

d) classroom;

(

e) dining room;

(

f) employee break room;

(

g) gymnasium;

(

h) library;

(

i) music room.

(2) The operator of a designated setting must maintain a carbon dioxide monitor referred to in subsection (1) in operating condition.

Clean Air Plan – indoor air quality

(1) The Lieutenant Governor in Council must, by regulation, establish a Clean Air Plan with respect to indoor air quality.

(2) The Clean Air Plan must include requirements for indoor air quality in designated settings, including, without limitation, requirements respecting the following:

(

a) the assessment of indoor air quality;

(

b) the prevention, detection and mitigation of indoor airborne contaminants;

(

c) measures to be taken to improve indoor air quality;

(

d) the placement of carbon dioxide monitors referred to in

section 2 (1);

(

e) measures to be taken by an operator of a designated setting if a carbon dioxide monitor in the designated setting indicates a level of carbon dioxide exceeding a level specified in the plan.

Provisions of Public Health Act apply

(1) Divisions 1 and 4 to 6 of

Part 4 [Inspections and Orders] , and

Part 8 [Administrative Penalties, Offences and Sentencing] , of the Public Health Act apply for the purposes of sections 2 and 3 of this Act.

(2) For the purposes of subsection (1) of this section, in Divisions 1 and 4 to 6 of

Part 4, and

Part 8, of the Public Health Act , a reference to compliance with or a contravention of a provision of the Public Health Act is to be read as including a reference to compliance with or a contravention of, as applicable,

(

a) section 2 of this Act, and

(

b) a provision of the Clean Air Plan.

Workplace standards – outdoor air quality

(1) WorkSafeBC must, by regulation, establish workplace standards for outdoor work in relation to outdoor air quality.

(2) Before making a regulation under subsection (1), WorkSafeBC must consult with

(

a) the joint committees and worker health and safety representatives, as applicable, for workplaces where outdoor work is performed,

(

b) employers at workplaces where outdoor work is performed, and

(

c) health authorities.

(3) The workplace standards must include requirements for employers with respect to outdoor work by the employer’s workers, including, without limitation, requirements respecting the following:

(

b) maximum periods of exposure to smoke;

(

c) stop-work or control measures, including requirements for the use of personal protective equipment, when increased coarse or fine airborne particulate matter levels exist;

(

d) the establishment and implementation of systems for communicating information respecting wildfire smoke hazards, by means readily understandable by affected employees, including, without limitation, systems

(

i) to encourage workers to inform employers of wildfire smoke hazards at a workplace, and

(ii) to prohibit reprisal in relation to a worker who informs an employer of wildfire smoke hazards at a workplace.

Provisions of Workers Compensation Act apply

(1) Part 2 [Occupational Health and Safety] of the Workers Compensation Act applies for the purposes of

section 5 of this Act.

(2) For the purposes of subsection (1), a reference in

Part 2 of the Workers Compensation Act to the OHS provisions is to be read as including a reference to the workplace standards established under

section 5 of this Act.

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 prescribing places for the purposes of paragraph (

h) of the definition of "designated setting" in

section 1.

Commencement

8 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Note

This Bill provides for requirements respecting indoor air quality in designated settings and outdoor air quality in relation to outdoor work.

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