British Columbia Order in Council — Amendment to Public Notification Regulation (O.C. 446/2024)

O.C. 446/2024

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. , Approved and Ordered Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Public Notification Regulation, B.C. Reg. 202/94, is amended as set out in the attached Schedule. Minister of Environment and Climate Change Strategy Presiding Member of the Executive Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Environmental Management Act, S.B.C. 2003, c. 53, ss. 38 (1) and 138

(2) Other: OIC 832/94 R10782011 July 6, 2024 =-----~;F----

SCHEDULE

Section of the Public Notification Regu lation, B.C. Reg. 202/94, is amended by adding the following subsection:

(3) In this regulation, “minor operational certificate amendment” means an amendment to an operational certificate for any of the following purposes: (

a) a change of ownership or name; (

b) a change of legal address or mailing address; (

c) a decrease in the authorized quantit y of the discharge, emission or stored material; (

d) a change in the authorized quality of the discharge, emission or stored material such that, in the opinion of a director, the change has or will have an equal or lesser impact on the environment; (

e) a change in a monitoring program; (

f) a change to the works, method of treatment or any other condition of an operational certificate such that, in the opinion of a director, the change has or will have an equal or lesser impact on the environment. 2

Section is amended (

a) in subsection (5) by striking out “ Column 5” and substituting “Schedule A”, and (

b) by repealing subsection (6). 3 The following

section is added: Duties of director respecting operational certificate 4.1

(1) Subject to subsection (2), a director mu st, at least 14 days before an operational certificate or amended operational certificate is issued, (

a) give written notice to the person to be named in the ope rational certificate or amended operational certificate of th e director’s intention to issue the operational certificate or amended operational certificate, and (

b) do one or both of the following: (

i) serve a copy of the notice given under paragraph (

a) on every person who, in the opinion of the director, may be adversely affected by the waste introduced into the environment or by the storage of recyclable material or waste; (ii) publish a copy of the notice gi ven under paragraph (

a) in a manner the director considers appropriate.

(2) The obligation of a director under s ubsection (1) (

b) does not apply to the amendment of an operational certificate if the amendment is a minor operational certificate amendment.

(3) When a director decides to issue or am end an operational certificate, the director must give notice of the decision by posti ng a copy of a notice of decision on a publicly accessible website. 4

Section is amended (

a) in subsection (1) by striking out “ A person ” and substituting “ Subject to subsection (1.1), a person”, and (

b) by adding the following subsection:

(1.1) The right of a person to notify a di rector under subsection (1) does not apply in relation to the following: (

a) the amendment of a permit or a pproval, if the amendment is a minor amendment; (

b) the amendment of an operational ce rtificate, if the amendment is a minor operational certificate amendment. 5

Schedule A is amended (

a) by repealing

section and substituting the following: Notice of decision made by director 3

(1) In this section: “non-section 24.1 permit” means a permit other than a

section 24.1 permit; “section 24.1 permit” means a permit for a facility in relation to which a permit under

section 24.1 of the Hazardous Waste Regulation is required.

(2) If a director decides to issue a secti on 24.1 permit or to make or approve a significant amendment to a

section 24.1 permit, the director must (

a) give notice of the decision to m unicipalities and regional districts, (

b) give notice of the decision to all persons who submitted a written notice of concern under

section respecting th e issuance or amendment of the

section 24.1 permit, and (

c) publish notice of the decision on a publicly accessible website.

(3) If a director decides to is sue, or to make or approve a significant amendment to, a non-section 24.1 permit or an approval, the director must (

a) give notice of the decision to all persons who submitted a written notice of concern under

section respecting th e issuance or amendment of the non-section 24.1 permit or the approval, and (

b) publish notice of the decision on a publicly accessible website.

(4) If a director decides to make or a pprove a minor amendment to an approval,

section 24.1 permit or non-section 24.1 perm it, the director must publish notice of the decision on a publicly accessible website. , (

b) in Table by striking out column 5, and (

c) in Table by striking out “ C = give notice to all persons who submitted written notice of concerns”.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 446/2024
Type	order_in_council
Volume / chapter	arc oic 0446 2024
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e5c4253d9c01631a404a1ec77eb5686429cb2755

Source file is stored in the law ingest library (pdf).