2020 Legislative Session: 5th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE GEORGE HEYMAN

MINISTER OF ENVIRONMENT

AND CLIMATE CHANGE STRATEGY

BILL 3 – 2020

ENVIRONMENTAL MANAGEMENT

AMENDMENT ACT, 2020

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

Province of British Columbia, enacts as follows:

SECTION 1: [Environmental Management Act,

section 39] repeals the definition of "contaminated site relocation agreement".

Section 39 (1) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended

by repealing the definition of "contaminated soil relocation agreement" .

SECTION 2: [Environmental Management Act,

section 55]

repeals the requirement that a person enter into a contaminated soil relocation agreement

before relocating contaminated soil from a contaminated site and repeals related processes;

prohibits a person from removing soil from a site used for a specified industrial

or commercial use unless the person has analyzed the soil and provided notice;

imposes restrictions on the deposit of soil at a site if the soil was removed from

a site used for a specified industrial or commercial use.

Section 55 is amended

(

a) by repealing subsection (1),

(

b) by adding the following subsections:

(1.1) A person must not remove soil from a site that has been used for a specified

industrial or commercial use unless the person has

(

a) analyzed the quality of the soil, in accordance with the regulations, if any,

and

(

b) provided notice of the removal to the prescribed persons, in accordance with

subsection (1.2).

(1.2) Notice under subsection (1.1) (

b) must

(

a) include the following information:

(

i) the site from which the soil will be removed;

(ii) the site or sites at which the soil will be deposited;

(iii) the maximum amount of soil that will be deposited at each site;

(iv) a

summary, prepared in accordance with the regulations, if any, of the analysis

referred to in subsection (1.1) (a);

(

v) the prescribed information,

(

b) be provided in the prescribed form and manner, if any, and

(

c) be provided by the prescribed date.

(1.3) If notice under subsection (1.1) is required to remove soil from a site, a

person must not deposit the soil at another site unless

(

a) the other site is specified in the notice in accordance with subsection (1.2)

(a) (ii), and

(

b) the amount of soil deposited is equal to or less than the maximum amount specified

in relation to the other site in the notice, in accordance with subsection (1.2) (a)

(iii).

(1.4) Subsection (1.1) does not apply in relation to the removal of soil if the amount

of soil removed is less than the amount set out in the regulations. ,

(

c) by repealing subsections (2) to (4),

(

d) in subsection (5) by striking out " from depositing soil from a contaminated site at another site " and substituting " from depositing soil at a site ",

(

e) in subsection (7) by striking out " this Act, the regulations, a permit, approval, order, contaminated soil relocation

agreement or an approved waste management plan " and substituting " this Act or the regulations or a permit, approval, order or approved waste management

plan ", and

(

f) by repealing subsection (9).

SECTION 3: [Environmental Management Act,

section 55.1] requires an owner of a site to prepare plans, and carry out actions, to prevent,

contain, control and monitor adverse effects on environment and human health if the

amount of relocated industrial or commercial site soil located at the site is greater

than a prescribed amount.

3 The following

section is added:

High volume soil receiving sites

55.1

(1) In this section, "relocated industrial or commercial site soil" means soil that has been relocated from a site that has been used for a specified

industrial or commercial use.

(2) If the total amount of relocated industrial or commercial site soil present at

a site is greater than the prescribed amount, the owner of the site must do the following,

as required by the regulations:

(

a) prepare plans, and carry out actions, to prevent, contain, control and monitor

the adverse effects, and potential adverse effects, on the environment or human health

caused by the soil being present at the site;

(

b) provide to the director the prescribed information.

SECTION 4: [Environmental Management Act,

section 57] is consequential to amendments made by this Bill to the Act.

Section 57 (3) (

h) is repealed.

SECTION 5: [Environmental Management Act,

section 62] repeals existing regulation-making authority and adds new regulation-making authority.

Section 62 (1) is amended

(

a) by repealing paragraph (k), and

(

b) by adding the following paragraphs:

(k.1) respecting analysis of soil for the purposes of

section 55 (1.1) (a);

(k.2) prescribing persons for the purposes of

section 55 (1.1) (b);

(k.3) respecting the preparation of summaries of analyses for the purposes of

section

55 (1.2) (a) (iv);

(k.4) prescribing the form and manner in which notice is given for the purposes of

section 55 (1.2) (b);

(k.5) prescribing dates for the purposes of

section 55 (1.2) (c);

(k.6) setting out amounts of soil for the purposes of

section 55 (1.4);

(k.7) respecting notice that must be given, in addition to the notice required under

section 55 (1.1), in respect of

(

i) the removal of soil from sites that have been used for a specified industrial

or commercial use, or

(ii) the deposit of soil referred to in subparagraph (

i) of this paragraph;

(k.8) for the purposes of

section 55.1 (2), prescribing the total amount of relocated

industrial or commercial site soil present at a site, and for this purpose, the amount

prescribed may not be less than 5 000 m 3 ; .

SECTION 6: [Environmental Management Act,

section 63] repeals existing regulation-making authority and adds new regulation-making authority.

Section 63 is amended

(

a) by repealing subsection (1) (o), and

(

b) by adding the following subsection:

(1.1) The minister may make regulations as follows:

(

a) prescribing information for the purposes of

section 55 (1.2) (a) (v);

(

b) for the purposes of

section 55.1 (2) (a), respecting plans and actions to prevent,

contain, control and monitor adverse effects, and potential adverse effects, on the

environment and human health;

(

c) for the purposes of

section 55.1 (2) (b), prescribing information that must be

provided to the director.

SECTION 7: [Environmental Management Act,

section 120] repeals an existing offence and makes it an offence for a person to contravene

section

55 (1.1) or (1.3) or 55.1 (2), as added by this Bill to the Act.

Section 120 (17) is amended

(

a) in paragraph (

i) by striking out "

section 55 (1) [contaminated soil relocation] , or " and substituting "

section 55 (1.1) or (1.3) [removal and deposit of soil] , ", and

(

b) by adding the following paragraph:

(i.1) contravenes

section 55.1 (2) [high volume soil receiving sites] , or .

Transitional Provision

SECTION 8: [Transition – ongoing contaminated soil relocation agreements]

provides that certain provisions of the Environmental Management Act that are repealed by this Bill continue to apply to the relocation of contaminated

soil that is subject to an existing contaminated soil relocation agreement;

authorizes a person and the director to enter into a contaminated soil relocation

agreement under specified circumstances and provides that certain provisions of the Environmental Management Act that are repealed by this Bill continue to apply in relation to the agreement.

Transition – ongoing contaminated soil relocation agreements

(1) In this section:

"contaminated soil relocation agreement" means a contaminated soil relocation agreement under

section 55 of the Environmental Management Act , as it read immediately before the coming into force of

section 2 of this Act;

"former provisions" means the following:

(a)

section 55 (1), (2) to (4) and (9) of the Environmental Management Act , as it read immediately before the coming into force of

section 2 of this Act;

(b)

section 120 (17) (

i) of the Environmental Management Act , as it read immediately before the coming into force of

section 7 of this Act.

(2) The former provisions continue to apply in respect of the relocation of contaminated

soil if, before the coming into force of this section, a person entered into a contaminated

soil relocation agreement that applies in respect of the relocation.

(3) Subject to subsection (4), a person and the director may enter into a contaminated

soil relocation agreement if an application to enter into the agreement was made to

the director by the person before the coming into force of this section.

(4) The former provisions apply to

(

a) an application referred to subsection (3) of this section,

(

b) a contaminated soil relocation agreement entered into as a result of an application

referred to in subsection (3) of this section, and

(

c) the relocation of contaminated soil that is subject to a contaminated soil relocation

agreement entered into as a result of an application referred to in subsection

(3) of this section.

(5) This

section applies despite

(

a) the repeal of

section 55 (1), (2) to (4) and (9) of the Environmental Management Act by

section 2 of this Act, and

(

b) the amendment of

section 120 (17) (

i) of the Environmental Management Act by

section 7 of this Act.

Consequential Amendment

SECTION 9: [Vancouver Charter,

section 571C] is consequential to amendments made by this Bill to the Environmental Management Act .

Section 571C of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by striking

out " sections 55 and 57 " and substituting "

section 57 ".

Commencement

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

Explanatory Notes

SECTION 1: [Environmental Management Act,

section 39] repeals the definition of "contaminated site relocation agreement".

SECTION 2: [Environmental Management Act,

section 55]

repeals the requirement that a person enter into a contaminated soil relocation agreement before relocating contaminated soil from a contaminated site and repeals related processes;

prohibits a person from removing soil from a site used for a specified industrial or commercial use unless the person has analyzed the soil and provided notice;

imposes restrictions on the deposit of soil at a site if the soil was removed from a site used for a specified industrial or commercial use.

SECTION 3: [Environmental Management Act,

section 55.1] requires an owner of a site to prepare plans, and carry out actions, to prevent, contain, control and monitor adverse effects on environment and human health if the amount of relocated industrial or commercial site soil located at the site is greater than a prescribed amount.

SECTION 4: [Environmental Management Act,

section 57] is consequential to amendments made by this Bill to the Act.

SECTION 5: [Environmental Management Act,

section 62] repeals existing regulation-making authority and adds new regulation-making authority.

SECTION 6: [Environmental Management Act,

section 63] repeals existing regulation-making authority and adds new regulation-making authority.

SECTION 7: [Environmental Management Act,

section 120] repeals an existing offence and makes it an offence for a person to contravene

section

55 (1.1) or (1.3) or 55.1 (2), as added by this Bill to the Act.

SECTION 8: [Transition – ongoing contaminated soil relocation agreements]

provides that certain provisions of the Environmental Management Act that are repealed by this Bill continue to apply to the relocation of contaminated

soil that is subject to an existing contaminated soil relocation agreement;

authorizes a person and the director to enter into a contaminated soil relocation

agreement under specified circumstances and provides that certain provisions of the Environmental Management Act that are repealed by this Bill continue to apply in relation to the agreement.

SECTION 9: [Vancouver Charter,

section 571C] is consequential to amendments made by this Bill to the Environmental Management Act .

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c) Queen's Printer, Victoria, British Columbia, Canada