1992 Legislative Session: 1st Session, 35th Parliament
THIRD READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 4th day of June, 1992
Ian D. Izard, Law Clerk.
MINISTER OF ENVIRONMENT,
LANDS AND PARKS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 (1) of the Waste Management Act, S.B.C. 1982, c. 41, is amended
(a) by repealing the definition of "store", and
(b) by adding the following definitions:
"municipal liquid waste" means
(a) effluent which originates from any source and is discharged into a municipal sewer system,
(b) effluent from residential sources discharged to the ground, or
(c) effluent specified by a manager to be included in a waste management plan;
"municipal solid waste" means
(a) refuse which originates from residential, commercial, institutional, demolition, land clearing or construction sources, or
(b) refuse specified by a manager to be included in a waste management plan;
"operational certificate" means a certificate issued under section 16 (6) for the design, operation, maintenance, performance and closure of sites or facilities used for the storage, treatment or disposal of recyclable material or waste;
"packaging" means a material, substance or object that is
(a) used to protect, contain or transport a commodity or product, or
(b) attached to a commodity or product or its container for the purpose of marketing or communicating information about the commodity or product;
"recyclable material" means
(a) compostable waste, other than wood waste, from residential, commercial and institutional sources,
(b) used white goods,
(c) auto hulks,
(d) used tires,
(e) used lead acid batteries,
(f) used glass containers,
(g) used tin plated steel containers,
(h) used aluminum containers,
(i) used cardboard packaging,
(j) used newspapers and magazines,
(k) used high density polyethylene containers, and
(l) any substance prescribed as a recyclable material by the Lieutenant Governor in Council;
"white goods" means stoves, refrigerators, freezers, washers, dryers and dishwashers; .
2 Section 3 (3) is amended
(a) by adding the following paragraph:
(b.2) the discharge of air contaminants authorized by a bylaw made under section 19 (3) (d), , and
(b) by repealing paragraph (e) and substituting the following:
(e) burning if
(i) the burning is for land clearing, land grading or tilling,
(ii) the volume of material burned does not exceed in the aggregate 10 m3 per hectare per month,
(iii) the duration of any burning is less than 24 hours,
(iv) the land on which the burning takes place is a part of or contiguous with the land from which the material originates, and
(v) no material other than dry wood, paper, cardboard or diesel fuel oil is used as fuel to start, assist or enhance the burning, without the specific permission of a manager, .
3 The following section is added:
3.4 No person shall use, offer for sale or sell packaging, product containers or disposable products, or any material used in packaging, product containers or disposable products, contrary to this Act or the regulations.
4 Section 10 (5) is amended by adding the following paragraph:
(a.1) a bylaw under section 19, .
5 Section 15 is amended by repealing the definition of "waste management plan" and substituting the following:
"waste management plan" means a plan that contains provisions or requirements for the collection, transportation, handling, storage, treatment, utilization and disposal of recyclable material or waste or a class of wastes within the whole or a specified part of a municipality or the municipalities.
6 Sections 16 and 16.1 are repealed and the following substituted:
16 (1) A municipality, alone or with one or more other municipalities, may submit for approval by the minister a waste management plan respecting the management of municipal liquid waste.
(2) Every regional district shall, on or before December 31, 1995, submit for approval by the minister a waste management plan for the storage of recyclable material and the management of municipal solid waste that is for the benefit of the total area of the regional district and, by agreement with one or more adjacent regional districts, the waste management plan may include all or a portion of the adjacent regional districts.
(3) A regional district shall, on the written request of the minister, submit for approval by the minister a waste management plan for biomedical waste that is for the benefit of the total area of the regional district.
(4) Notwithstanding any other requirement of this Act, the minister may, by notice in writing,
(a) direct a municipality to prepare or revise a waste management plan and submit it to the minister on or before a date specified by the minister, or
(b) specify a date by which a municipality must furnish proof, in a form satisfactory to the minister, of the progress that the municipality is making to comply with this section.
(5) If the minister considers it to be in the public interest and is satisfied that a municipality is making efforts in good faith to complete a waste management plan in accordance with this Act and the regulations, the minister may, on conditions specified by the minister, grant an extension of a date specified under this section.
(6) If a waste management plan is approved by the minister, a manager may
(a) issue an operational certificate to a municipality or to any person who is the owner of a site or facility covered by the waste management plan, and
(b) attach conditions to the operational certificate,
and the operational certificate shall form a part of the waste management plan.
(7) Notwithstanding subsection (6), an operational certificate must be issued in accordance with an approved waste management plan and must not conflict with the waste management plan in any substantive fashion.
(8) The minister may, at any time, with or without conditions, approve all or any part of a waste management plan or an amendment to a waste management plan.
(9) The minister may, by order, amend or cancel a waste management plan and, if cancelled, the waste management plan ceases to have force or effect.
(10) Notwithstanding anything in the Municipal Act, if a waste management plan is required under subsection (2), (3) or (4)
(a) or a waste management plan has been approved by the minister under this section, a bylaw adopted by a municipality for the purpose of preparing or implementing the waste management plan does not require the assent of the electors, a petition, an initiative plan or consent on behalf of the electors referred to in that Act.
(11) Nothing in a waste management plan shall prevent the exercise of rights conferred by a permit or approval subsisting on the date the waste management plan is approved unless the permit or approval is suspended or cancelled by the minister under section 23 (1).
(12) Notwithstanding subsection (11), if a permit or approval contains any provision which conflicts with a requirement of an approved waste management plan, that provision of the permit or approval which conflicts does not apply after the waste management plan is approved.
(13) Notwithstanding subsection (11), if an operational certificate is issued in respect of a site or facility for which a permit or approval was previously issued for the discharge of waste within the jurisdiction covered by an approved waste management plan, the permit or approval is cancelled.
16.1 (1) Notwithstanding any other Act, a regional district may
(a) specify operating requirements for, and
(b) set and collect fees from the owner or operator of
any site or facility storing recyclable material or managing municipal solid waste within its territorial boundaries.
(2) Notwithstanding any other Act, no person shall store recyclable material or manage municipal solid waste at a site or facility except in accordance with
(a) conditions which the minister may impose when approving a waste management plan applicable to that site or facility, and
(b) conditions which a manager may attach to an operational certificate pertaining to that site or facility.
(3) Subsections (1) and (2) do not apply to
(a) the storage of recyclable material if the recyclable material is stored on the same site as that at which it is generated,
(b) the storage or disposal of municipal solid waste if the municipal solid waste is stored or disposed of on the same site as that at which it is generated, or
(c) a site or facility owned and operated by a person other than a regional district unless the minister has approved a waste management plan which applies to the site or facility.
(4) The minister may require a regional district to amend any fee authorized under subsection (1) if the minister deems it necessary in the public interest.
16.2 (1) A municipality shall provide a process for comprehensive review and consultation with the public respecting all aspects of the development, amendment and final content of a waste management plan which applies to that municipality.
(2) A waste management plan shall not be approved by the minister unless the minister is satisfied that there has been adequate public review and consultation with respect to the development, amendment and final content of the waste management plan.
(3) A manager shall, not less than 14 days before the issuance of an operational certificate, state his or her intention to issue the operational certificate by providing
(a) written notice to the person named in the operational certificate, and
(b) any other public notice as may be prescribed by the Lieutenant Governor in Council.
(4) The manager shall allow any person who has been given notice under subsection (3) to
(a) inspect the proposed operational certificate, and
(b) provide comments to the manager respecting the requirements of the proposed operational certificate.
16.3 A manager may exercise a power or authority in relation to an operational certificate in the same manner and to the same extent as provided by this Act with respect to a permit.
7 Section 19 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Notwithstanding anything in its letters patent or supplementary letters patent, the Greater Vancouver Regional District may provide the extended service of air pollution control and air quality management and, for that purpose, the board of the regional district may, by bylaw, prohibit, regulate and otherwise control and prevent the discharge of air contaminants. , and
(b) by adding the following subsections:
(3) Without limiting subsection (1), a bylaw under this section may do one or more of the following:
(a) provide that contravention of a provision of the bylaw that is intended to limit the quantity of air contaminants or that specifies the characteristics of air contaminants that may be discharged into the air is an offence punishable by a fine not exceeding $1 000 000;
(b) provide that a contravention of a provision of the bylaw, other than a provision referred to in paragraph (a), is an offence punishable by a fine not exceeding $200 000;
(c) require the keeping of records and the provision of information respecting air contaminants and their discharge;
(d) exempt from the application of section 3 (1.1) and (1.2), in relation to the discharge of air contaminants, any operation, activity, industry, trade, business, air contaminant or works that complies with the bylaw, provided that it also complies with any further restrictions or conditions imposed by this Act or a regulation, permit, order or approved waste management plan under this Act;
(e) establish different prohibitions, regulations, rates or levels of fees, conditions, requirements and exemptions
(i) for different persons, operations, activities, industries, trades, businesses, air contaminants or works, and
(ii) for different classes of persons, operations, activities, industries, trades, businesses, air contaminants or works.
(4) A district director may, by order, impose on a person further restrictions or conditions in relation to an operation, activity, industry, trade, business, air contaminant or works covered by a bylaw under subsection (3) (d) in order that the person may qualify for an exemption under that subsection, including a condition that the person obtain a permit.
(5) The minister may require the Greater Vancouver Regional District to amend, suspend or cancel any bylaw or part of a bylaw made under this section if the minister deems it necessary in the public interest.
8 Section 20 (1) to (4) is repealed and the following substituted:
(1) Notwithstanding the Municipal Act or the Vancouver Charter,
(a) a bylaw of a municipality, other than a bylaw under section 18 or 19, or
(b) a permit, licence, approval or other document issued under the authority of a municipal bylaw
that conflicts with this Act, the regulations, an approved waste management plan or a permit, approval or order under this Act is without effect to the extent of the conflict.
(1.1) A bylaw under section 18 or 19 that conflicts with this Act, the regulations, an approved waste management plan or a permit, approval or order, other than one issued by a district director, is without effect to the extent of the conflict.
(2) A permit, approval or order issued by a district director that conflicts with this Act, the regulations, an approved waste management plan or a bylaw under section 18 or 19 is without effect to the extent of the conflict.
(3) A bylaw of a municipality that conflicts with a bylaw under section 18 or 19 is without effect to the extent of the conflict.
(4) For the purposes of subsections (1) to (3), a conflict does not exist solely because further restrictions or conditions are imposed by the bylaw, permit, licence, approval, order or other document that is without effect if a conflict exists, unless the minister by order declares that a conflict exists.
9 The following section is added:
22.1 If the minister considers that a municipality is causing pollution, the minister may, with respect to the municipality, exercise the powers that a manager may exercise under section 22 in relation to other persons.
10 Section 25 is amended
(a) in paragraph (d) by striking out "permit or approval," and substituting "permit, approval or operational certificate,", and
(b) in paragraph (e) by striking out "permit or approval" and substituting "permit, approval or operational certificate".
11 Section 27 (1) is amended by striking out "9 or 11" and substituting "9, 11, 16 (6) or 16.3".
12 Section 28 (1) is amended by striking out "11 or 22" and substituting "11, 16 (6), 16.3 or 22".
13 Section 34 is amended
(a) in subsection (2) by adding "3.4," after "who contravenes section",
(b) by repealing subsection (9) and substituting the following:
(9) A municipality that
(a) fails to submit to the minister a waste management plan as required by section 16, or
(b) contravenes an approved waste management plan
commits an offence and is liable to a fine not exceeding $300 000. , and
(c) in subsection (15) by striking out "penalty of $1 000 000." and substituting "fine not exceeding $1 000 000."
14 Section 35 (2) is amended
(a) in paragraph (d) by adding "operational certificate," after "approval," in both places,
(b) in paragraph (o) by adding "recyclable materials or" before "wastes or a class of wastes" in both places,
(c) in paragraph (o.1) by adding "recyclable materials or" after "disposal and destruction of", and
(d) by adding the following paragraphs:
(a.1) respecting the development, content, amendment, approval and review of waste management plans and operational certificates,
(a.2) establishing municipal solid waste reduction targets,
(a.3) prescribing the form and content of any notice,
(n.1) prescribing a material as a recyclable material and for this purpose may set conditions and circumstances when a prescribed material is a recyclable material,
(t.1) prescribing conditions that must be met and controls that must be provided for the burning of material derived from land clearing, land grading or tilling, .
15 Section 35 (2.1) is repealed and the following substituted:
(2.1) The Lieutenant Governor in Council may make regulations
(a) respecting the minimum content of material, derived from recyclable material, in types or classes of packaging and products sold in the Province,
(b) prescribing packaging, product containers or products or classes of products for which a charge, including a deposit, handling fee, levy or core charge, must be paid or for which a refund must be given, and prescribing the amount of the charge or refund and the circumstances in which the charge or refund applies,
(c) requiring the use of standardized definitions, terms, logos, symbols and other representations on packaging, and prescribing those definitions, terms, logos, symbols and other representations,
(d) prohibiting or restricting the use of packaging or classes of packaging or product containers or classes of product containers,
(e) respecting the content, shape, weight, nature and volume of packaging used per unit of product, and requiring the use of standardized packaging,
(f) requiring prescribed industrial, commercial and institutional operations or classes of operations to develop and implement a waste reduction and prevention plan for packaging, product containers or any other material or substance, and prescribing the contents of the plan,
(g) requiring prescribed industrial, commercial and institutional operations or classes of operations to develop and maintain an infrastructure for the reuse or recycling of packaging, product containers or any other material or substance,
(h) requiring prescribed industrial, commercial and institutional operations or classes of operations to conduct periodic packaging or other waste audits, and prescribing the terms and conditions of the audits including to whom reports should be made and other reporting requirements, and
(i) requiring prescribed manufacturers, distributors or users of packaging, product containers or any other materials or substances to conduct environmental life cycle profiles using a model approved by a manager.
(2.2) A regulation made under subsection (2) or (2.1) may delegate to the director, an officer or a manager those powers and functions as the Lieutenant Governor in Council considers desirable.
16 This Act comes into force by regulation of the Lieutenant Governor in Council.
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