1994 Legislative Session: 3rd Session, 35th Parliament
FIRST READING

The following electronic version is for informational purposes only.
The printed version remains the official version.

HONOURABLE MOE SIHOTA
MINISTER OF ENVIRONMENT, LANDS
AND PARKS AND MINISTER RESPONSIBLE
FOR MULTICULTURALISM AND HUMAN RIGHTS

BILL 35 -- 1994

WASTE MANAGEMENT AMENDMENT ACT, 1994

1 The Waste Management Act, S.B.C. 1982, c. 41, is amended by adding the following Part:

 
Part 4.1 -- Clean Air Provisions

Interpretation

24.1 In sections 24.2 and 24.3

"engine" includes a motor vehicle engine and a propulsion system;

"fuel" means any fuel used in an engine;

"motor vehicle" means a motor vehicle as defined in the Motor Vehicle Act.

Control of air contaminants

24.2 (1) A person must not sell, offer for sale, display for sale or deliver over to a purchaser a new motor vehicle or an engine of a class or type required by the regulations to have installed on or incorporated in it a system or device to prevent or lessen the emission into the outdoor atmosphere of an air contaminant, unless the motor vehicle or engine complies with those regulations.

(2) A person must not sell, offer for sale, deliver over or fail to provide to a purchaser a fuel of a class or type required by the regulations to meet prescribed standards, specifications and availability, unless the fuel complies with those regulations.

Motor vehicle, engine and fuel emission regulations

24.3 The Lieutenant Governor in Council may make regulations for the purpose of regulating emissions from new motor vehicles and from engines and fuels including, without limitation, regulations for the following purposes:

(a) classifying motor vehicles, engines and fuels for the purpose of a regulation and exempting a class or type of motor vehicle, engine or fuel from a regulation;

(b) requiring motor vehicles, or a class or type of motor vehicle, and engines, or a class or type of engine, to have installed on or incorporated in them one or more systems or devices to prevent or lessen the emission of an air contaminant;

(c) prescribing standards for and specifications of the systems or devices required by paragraph (b), and providing for their testing and certification;

(d) prescribing standards of emission of an air contaminant to which the systems or devices required by paragraph (b) must comply;

(e) providing for the issuance of certificates of approval for systems or devices proposed to be installed on or incorporated in motor vehicles to prevent or lessen the emission of an air contaminant;

(f) requiring manufacturers of new motor vehicles to report the emission performance standards of motor vehicles manufactured by them by the posting of a prescribed label on each motor vehicle offered for sale or sold in British Columbia, and prescribing the form, content and manner of placing of the label;

(g) requiring manufacturers of new motor vehicles to comply with different emission standards for different motor vehicles on the basis of a prescribed mix of vehicles offered for sale or sold by those manufacturers in British Columbia during a model year or calendar year;

(h) requiring manufacturers of new motor vehicles offered for sale or sold in British Columbia to provide emission control warranties;

(i) specifying the areas in British Columbia to which the regulations are applicable and specifying the date on which the regulations become effective in those areas;

(j) prescribing standards for and specifications of fuels or classes of fuels, providing for their testing and certification and specifying the quantities for and areas in British Columbia where fuels must be made available;

(k) prescribing fees and charges to be paid in respect of any matter for which the ministry provides a service or performs a duty in relation to the testing and certification of motor vehicles, engines and fuels for emission compliance, and prescribing by whom the fees and charges are to be paid;

(l) providing for the recording and reporting of information by persons who manufacture, test, certify, offer for sale, sell or otherwise dispose of motor vehicles, engines or fuels, including the frequency, time and manner for reporting.

Solid fuel burning domestic appliance regulations

24.4 The Lieutenant Governor in Council may make regulations for the purposes of preventing or reducing pollution from new solid fuel burning domestic appliances including, without limitation, regulations for any of the following purposes:

(a) respecting the availability, sale, conditions of sale and lease of solid fuel burning domestic appliances for the purposes of preventing or reducing pollution;

(b) prescribing emission limits for solid fuel burning domestic appliances or classes of solid fuel burning domestic appliances for the purposes of preventing or reducing pollution;

(c) prescribing standards for and specifications of solid fuels burned in solid fuel burning domestic appliances for the purposes of preventing or reducing pollution;

(d) respecting the testing and certification of solid fuel burning domestic appliances;

(e) designating persons or organizations to test and certify solid fuel burning domestic appliances;

(f) prescribing the form and content of labels that may be placed on a solid fuel burning domestic appliance;

(g) providing for the manner of placing a prescribed label on a solid fuel burning domestic appliance that conforms to the prescribed standards of operation;

(h) prescribing fees and charges to be paid in respect of any matter for which the ministry provides a service or performs a duty in relation to solid fuel burning domestic appliances, and prescribing by whom the fees and charges are to be paid;

(i) exempting any solid fuel burning domestic appliance or class of solid fuel burning domestic appliance from any provision of this Act or the regulations;

(j) providing for the recording and reporting of information by persons who manufacture, test, certify, offer for sale, sell, lease or otherwise dispose of solid fuel burning domestic appliances, including the frequency, time and manner for reporting.

Codes and standards

24.5 A regulation made under this Part may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code or standard published by a national or international standards association, and may require compliance with any code or standard adopted.

2 Section 34 (2) is amended by striking out "10 (5) or section 31 (1)" and substituting "10 (5), 31 (1) or 24.2".

 
Consequential Amendment

3 Section 45 of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, is amended

(a) by repealing subsections (1) and (4), and

(b) in subsection (2) by striking out "of a class or type required by the regulations" and substituting "of a class or type that, by regulations made under this Act or under the Waste Management Act, is required".

Commencement

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

 
Explanatory Notes

SECTION 1: enacts a new Part 4.1 of the Waste Management Act to provide for the regulation of emissions from new motor vehicles and from engines and fuels:

• the proposed section 24.1 adds new definitions for the purposes of the proposed sections 24.2 and 24.3 of the Waste Management Act;
• the proposed section 24.2 prohibits the sale of a new motor vehicle or an engine that does not have installed on or incorporated in it a prescribed system or device to prevent or lessen emissions, and prohibits the sale of fuels that do not meet prescribed standards, specifications and availability;
• the proposed section 24.3 empowers the Lieutenant Governor in Council to make regulations respecting emissions from classes of motor vehicles, engines and fuels, including: the prescribing of systems or devices to prevent or lessen emissions from motor vehicles and engines; prescribing standards and specifications for systems and devices and standards of emission of air contaminants; requiring manufacturers of new motor vehicles to label vehicles for emissions compliance, to sell a prescribed mix of product based on different emission standards, and to warrant emission control systems; prescribing standards and specifications for fuels and specifying the quantities and areas in British Columbia where fuels must be available;
• the proposed section 24.4 empowers the Lieutenant Governor in Council to make regulations respecting new solid fuel burning domestic appliances for the purposes of preventing or reducing pollution, including: prescribing emission limits; requiring the testing, certification and labelling of solid fuel burning domestic appliances; prescribing standards and specifications for solid fuels;
• the proposed section 24.5 allows the Lieutenant Governor in Council to adopt national or international standards for the purpose of regulations made under the proposed section 24.3 or 24.4 of the Waste Management Act.

SECTION 2: adds a penalty provision.

SECTION 3:

(a) repeals provisions of the Motor Vehicle Act that are now covered by sections 24.1 to 24.5 of the Waste Management Act;

(b) is consequential to the regulation of motor vehicle emissions under the Waste Management Act as provided by section 1 of this Bill.

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