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Environmental Management Act The Environmental Management Act (EMA) was brought into force on July 8, 2004. The Act replaces the old Waste Management Act and the Environment Management Act and brings provisions from both of those acts into one statute. EMA now provides a more flexible authorization framework, increases enforcement options and uses modern environmental management tools to protect human health and the quality of water, land and air in British Columbia. EMA also enables the use of administrative penalties, informational orders and economic instruments to assist in achieving compliance. For more information on the Act, please see General Questions and Answers.
One of the major changes brought forward with EMA is the way in which the ministry authorizes the introduction of waste into the environment. Under the old Waste Management Act section 3(2) and 3(3) all introductions of waste to the environment, whether from a pulp mill or a car wash, required some form of authorization such as a permit or approval. Under section 6(2) and 6(3) of EMA, only introductions of waste from “prescribed” industries, trades, businesses, operations and activities require authorization. Industries, trades, businesses, operations and activities are “prescribed” in the Waste Discharge Regulation. If an industry, trade, business, activity or operation is not “prescribed” by the regulation, it does not require an authorization to introduce waste into the environment; however, the discharge must not cause pollution (EMA section 6(4)). The Waste Discharge Regulation (WDR), which was also brought into force on July 8, 2004, “prescribes” industries, trades, businesses, activities and operations for the purposes of EMA section 6(2) and 6(3). These industries, trades, businesses, activities and operations are listed in Schedule 1 and 2 of the regulation. Industries, trades, businesses, activities and operations listed on Schedule 1 require an authorization, which could be in the form of a permit, an approval, a regulation, an operational certificate, an order or a waste management plan, to introduce waste into the environment. Introductions of waste into the environment from industries, trades, businesses, activities and operations listed on Schedule 2 are eligible to be authorized by a minister’s code of practice. The The purpose of this document is to:
It is important to note that this guide does not
have the force of the law, it is only a guide to inform the exercise
of statutory decision.
Codes of practice are ‘minister’s regulations’, which are legally enforceable standards which may apply to industries, trades, businesses, activities or operations listed in Schedule 2 of the Waste Discharge Regulation. Minister’s codes of practice will provide certainty to users and streamline the Ministry’s authorization process. Codes are intended to have a results-based focus where possible. The Ministry is currently in the process of developing codes of practice and reviewing existing regulations. For more information on code of practice development and regulatory reviews, click on the side bar to the left. If a minister’s code of practice has not been developed for specific industries, trades, businesses, activities and operations listed in Schedule 2, authorizations such as permits, approvals, plans, are still required. The Ministry has contracted Cindy Bertram of C. Rankin & Associates to manage the policy intentions paper consultation process for the Minister’s codes of practice and regulations under review. Please review the posted policy intentions paper for a code of practice or regulation listed on the EMA Codes of Practice and Regulatory Review web page. You are encouraged to submit comments on these posted policy intentions papers by fax, email, letter or in the applicable response form. Cindy Bertram’s contact information is: E-mail: cindybertram@shaw.ca Please contact Cindy Bertram if you are unable to download a copy of the policy intentions paper from this website or if you have any questions about the policy intentions paper or the response form.
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