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IMPORTANT INFORMATION
Environmental Management Act
[SBC 2003] CHAPTER 53
Assented to October 23, 2003
Contents
Section
Part 1 — Introductory Provisions
1
Definitions
2
Powers conferred on included officials
3
Director includes delegate
4
Conflicts with other enactments
5
Minister's authority
Part 2 — Prohibitions and Authorizations
6
Waste disposal
7
Hazardous waste — confinement
8
Hazardous waste management facility
9
Hazardous waste storage and disposal
10
Transportation of hazardous waste
11
Packaging, product containers and disposable products
12
Littering
13
Discharge of waste from recreational vehicles
14
Permits
15
Approvals
16
Amendment of permits and approvals
17
Transfers of permits, approvals, etc.
18
Suspension or cancellation of permits and approvals
19
Variance orders
20
Abandonment
21
Regulations for the purposes of Part 2
22
Minister's regulations — codes of practice
Part 3 — Municipal Waste Management
23
Definitions
24
Waste management plans
25
Authority to manage municipal solid waste and recyclable material in regional districts
26
Municipal solid waste disposal fees
27
Public consultation process
28
Operational certificates
29
Sewage control areas
30
Sewage in regional districts
31
Control of air contaminants in Greater Vancouver
32
Disposal of municipal solid waste in Greater Vancouver
33
Disposal of municipal solid waste in other regional districts
34
Bylaw approval or amendment
35
Delegation of powers
36
Municipal administration of storage tanks
37
Conflicts between this Act and bylaws, permits, etc. issued by a municipality
38
Regulations for purposes of Part 3
Part 4 — Contaminated Site Remediation
Division 1 — Interpretation
39
Definitions and interpretation
Division 2 — Identification of Contaminated Sites
40
Site profiles
41
Site investigations
42
Approved professionals
43
Site registry
44
Determination of contaminated sites
Division 3 — Liability for Remediation
45
Persons responsible for remediation of contaminated sites
46
Persons not responsible for remediation
47
General principles of liability for remediation
48
Remediation orders
49
Allocation panel
50
Minor contributors
Division 4 — Implementation of Remediation
51
Voluntary remediation agreements
52
Public consultation and review
53
Approvals in principle and certificates of compliance
54
Independent remediation procedures
55
Contaminated soil relocation
56
Selection of remediation options
Division 5 — Delegation
57
Delegation of responsibilities to municipalities or other ministries
Division 6 — Ministry Authority
58
Orphan sites
59
Cost recovery if minister carries out remediation
60
Government retains right to take future action
Division 7 — General Provision Respecting Contaminated Sites
61
Immunity in relation to contaminated sites
62
Contaminated site regulations
63
Minister's regulations — contaminated sites
63.1
Director's interim standards
64
Director's protocols
Part 5 — Remediation of Mineral Exploration Sites and Mines
65
Definitions and interpretation
66
Exploration sites
67
Advanced exploration sites
68
Producing or past producing mine sites
69
Historic mine sites
70
Regulations for purposes of Part 5
Part 6 — Clean Air Provisions
71
Definitions
72
Control of air contaminants
73
Fuel emission regulations
74
Motor vehicle and engine emission regulations
75
Solid fuel burning domestic appliance regulations
76
Burning regulations
Part 7 — Powers in Relation to Managing the Environment
Division 1 — Assessment, Prevention and Abatement
77
Requirement to provide information
78
Minister may require environmental impact assessment
79
Spill prevention and reporting
80
Spill response actions
81
Pollution prevention orders
82
Preventing municipal pollution
83
Pollution abatement orders
84
Abatement of municipal pollution
85
Environmental protection orders
86
Environmental management plan — in relation to environmental protection order
87
Environmental emergency measures
88
Recovery of costs — environmental emergency
Division 2 — Area Based Management
89
Area based management plans — plan development
90
Approval and effect of area based management plan
91
Publication obligations
Division 3 — Regulations for Part 7
92
Regulations for purposes of Part 7
Part 8 — Appeals
Division 1 — Environmental Appeal Board
93
Environmental Appeal Board
94
Parties and witnesses
95
Costs and security for costs
96
Decision of appeal board
97
Varying and rescinding orders of appeal board
98
Appeal board power to enter property
Division 2 — Appeals from Decisions under this Act
99
Definition of "decision"
100
Appeals to Environmental Appeal Board
101
Time limit for commencing appeal
102
Procedure on appeals
103
Powers of appeal board in deciding appeal
104
Appeal does not operate as stay
Division 3 — Regulations in Relation to Appeal Board
105
Regulations in relation to the appeal board
Part 9 — Compliance
Division 1 — Conservation Officers
106
Conservation Officer Service
107
Enforcement powers of the Conservation Officer Service
107.1
Disposition of items seized by a conservation officer
108
Conservation officers entering land
108.1
Certificate evidence of the chief conservation officer
Division 2 — General Powers
109
Inspections
110
Minister may enter on private land
111
Inspection of vehicles
112
Seizures and prevention orders
113
Inquiries
114
Restraining orders
Division 3 — Administrative Penalties
115
Administrative penalties
116
Effect of charging an offence
117
Recovery of administrative penalties
Division 4 — Economic Instruments
118
Environmental certification
Division 5 — Regulations for Part 9
119
Regulations for purposes of Part 9
Part 10 — General
Division 1 — Offences and Penalties
120
Offences and penalties
121
Offence by a corporation
122
Continuing offences
123
Offence Act
application
124
Time limit for prosecuting offence
125
Additional fine
126
Intentional damage
127
Additional sentencing orders
128
Variation of section 127 orders
Division 2 — Immunity
129
Conservation officers exempt
Division 3 — Miscellaneous
130
Evidence
131
Confidentiality
132
Ownership of waste
133
Service of notice
134
Charges, fees and costs to be paid to the government
135
Interagency agreements
136
Waste Management Trust Fund
137
Powers that Lieutenant Governor in Council may exercise
Division 4 — Regulation Making Authorities
138
General authority to make regulations
139
Regulations — general rules
Part 11 — Transitional Provisions and Consequential Amendments
140
Transitional
141
Transitional regulations
142–178
Consequential Amendments and Repeals
179
Commencement
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