1998/99 Legislative Session: 3rd Session, 36th Parliament
FIRST READING


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


HONOURABLE CATHY McGREGOR
MINISTER OF ENVIRONMENT,
LANDS AND PARKS

BILL 17 -- 1998

WASTE MANAGEMENT AMENDMENT ACT, 1998

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, R.S.B.C 1996, c. 482, is amended

(a) by repealing the definition of "district director" and substituting the following:

"district director" means,

(a) except in sections 24.1 and 24.2, a person appointed as district director by the board of the Greater Vancouver Regional District under section 24,

(b) for the purpose of section 24.1, a person appointed as district director by the Administration Board of the Greater Vancouver Sewerage and Drainage District under section 24.1, or

(c) for the purpose of section 24.2, a person appointed as district director by a regional district under section 24.2,

and includes an assistant district director appointed under those sections; ,

(b) by repealing the definition of "recyclable material" and substituting the following:

"recyclable material" means a product or substance that has been diverted from disposal, has no reuse value in its present form and satisfies at least one of the following criteria:

(a) is organic material that has been diverted from residential, commercial or institutional sources and is capable of being composted, or is being composted, at a site;

(b) is managed as a marketable commodity with an established market by the owner or operator of a site;

(c) is being used in the manufacture of a new product that has an established market or is being processed as an intermediate stage of an existing manufacturing process;

(d) has been identified as a recyclable material in a plan; , and

(c) in the definition of "refuse" by adding "or abandoned" after "discarded".

2 Section 17 is repealed and the following substituted:

Definitions

17 In this Part:

"code of practice" means a code of practice attached to and forming part of a bylaw made under section 19;

"hauler" means a person who, on a commercial basis, picks up, delivers, hauls or transports municipal solid waste or recyclable material;

"manage" or "management" includes the collection, transportation, handling, processing, storage, treatment, utilization and disposal of any substance;

"sewage facility" means works operated by a municipality to gather, treat, transport, store, utilize or discharge sewage;

"waste management plan" means a plan that contains provisions or requirements for the management of recyclable material or waste or a class of wastes within the whole or a specified part of one or more municipalities.

3 Section 18 (9) is repealed and the following substituted:

(9) Despite anything in the Municipal Act, if a waste management plan

(a) is required under subsection (2) or (3) (a), or

(b) has been approved by the minister under subsection (7),

a bylaw adopted by a municipality for the purpose of preparing the waste management plan referred to in paragraph (a), or implementing the waste management plan referred to in paragraph (b), does not require

(c) the council of a municipality or the board of a regional district to provide an opportunity for electors to petition against it, or

(d) the assent of the electors, a petition, an initiative plan or consent on behalf of the electors referred to in that Act.

4 Section 19 is repealed and the following substituted:

Authority to manage municipal solid waste and recyclable material in regional districts

19 (1) In this section and sections 19.1, 24.1 and 24.2:

"hauler licence" means a licence issued by a regional district, under the authority of a bylaw made under subsection (3) (h) (i), to a hauler;

"plan" means a waste management plan that

(a) is for the management of municipal solid waste and recyclable material, and

(b) is approved by the minister;

"recycler licence" means a licence issued by a regional district, under the authority of a bylaw made under subsection (3) (h) (i), to the owner or operator of a site that accepts and manages recyclable material;

"regional district" means

(a) a regional district as defined in section 1 of the Municipal Act, or

(b) the Greater Vancouver Sewerage and Drainage District constituted under the Greater Vancouver Sewerage and Drainage District Act;

"site" means any site, works or facility, including those identified specifically or by class in a plan, that is used for the management of municipal solid waste or recyclable material;

"waste stream management licence" means a licence issued by a regional district, under the authority of a bylaw made under subsection (3) (h) (i), to the owner or operator of a site that accepts and manages municipal solid waste.

(2) Despite any other Act, a person must manage municipal solid waste and recyclable material at a site in accordance with

(a) any applicable plan for the site,

(b) any requirements that a manager may include in an operational certificate or permit issued for the site, and

(c) any applicable bylaw made under subsection (3) of this section or section 24.1 or 24.2.

(3) For the purpose of implementing a plan, a regional district may make bylaws to regulate the management of municipal solid waste or recyclable material and may, without limitation, make bylaws regulating, prohibiting or respecting one or more of the following:

(a) the types, quality or quantities of municipal solid waste or recyclable material that may be brought onto or removed from a site;

(b) the discarding or abandonment of municipal solid waste or recyclable material;

(c) the burning of any class or quantity of municipal solid waste or recyclable material;

(d) the delivery, deposit, storage or abandonment of municipal solid waste or recyclable material at authorized or unauthorized sites;

(e) the transport of municipal solid waste or recyclable material within or through the area covered by the plan;

(f) the operation, closure or post-closure of sites, including requirements for

(i) the recording and submission of information,

(ii) audited statements respecting the municipal solid waste or recyclable material received at and shipped from a site, and

(iii) the installation and maintenance of works;

(g) setting fees and charges that may vary according to

(i) the quantity, volume, composition or type of municipal solid waste or recyclable material, or

(ii) the class of persons, sites, operations, activities, municipal solid wastes or recyclable materials,

and specifying the manner and timing of the payment of those fees and charges;

(h) requiring the owner or operator of a site or a hauler to

(i) hold a recycler licence, a waste stream management licence or a hauler licence, or

(ii) comply with a code of practice;

(i) setting the terms and conditions for issuing, suspending, amending or cancelling a licence referred to in paragraph (h);

(j) requiring an owner or operator of a site or a licence holder to obtain risk insurance or provide security satisfactory to the regional district to ensure

(i) compliance with the bylaws, and

(ii) that sufficient funding is available for site operations, remediation, closure and post-closure monitoring;

(k) requiring the owner or operator of a site to contain municipal solid waste or recyclable material within specified height and spatial area limits, and specify requirements and terms for confirming compliance with those limits;

(l) prohibiting unauthorized persons from handling or removing municipal solid waste or recyclable material that is deposited at a site or set out for collection;

(m) establishing different prohibitions, conditions, requirements and exemptions for different classes of persons, sites, operations, activities, municipal solid wastes or recyclable materials;

(n) requiring the owner of municipal solid waste or recyclable material, the deposit of which has been prohibited by bylaw, to bear the cost of its disposal in a manner specified in the bylaw;

(o) authorizing designated persons to enter a site or inspect the contents of a vehicle for the purpose of enforcing a bylaw made under this subsection and, for this purpose, sections 29 and 30 (2) apply to a designated person as if the designated person is an officer referred to in that section, but only in respect of municipal solid waste and recyclable material;

(p) providing that

(i) a contravention of a provision of the bylaws is an offence punishable by a fine not exceeding $200 000, and

(ii) if a corporation commits an offence under the bylaws, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits the offence even though the corporation is convicted.

(4) Before exercising the authority under this section, a regional district must have indicated its intention to do so in its plan.

(5) This section does not apply to the management of municipal solid waste or recyclable material at the site at which it originates.

(6) A regional district, including its employees and elected officials, is not liable

(a) to any person for environmental conditions at a site, or

(b) to remediate a site included in a plan,

solely because it holds security as may be required under a bylaw made under this Part.

Municipal solid waste disposal fees

19.1 (1) In this section, "waste hauler" means

(a) a municipality that picks up, delivers, hauls or transports municipal solid waste, or

(b) a person who, on a commercial basis, picks up, delivers, hauls or transports municipal solid waste.

(2) In addition to its other powers, a regional district may, by bylaw, exercise one or more of the following powers in relation to the collection and disposal of municipal solid waste generated within its area or within a municipality that has contracted with the regional district for the disposal of municipal solid waste from the municipality:

(a) setting fees payable by generators of municipal solid waste or by other persons who use the services of a waste hauler;

(b) setting levels of fees based on

(i) the quantity, volume, type or composition of municipal solid waste generated,

(ii) the fees charged by the applicable waste hauler for its services, or

(iii) any other basis prescribed by regulation;

(c) varying fees by class of persons, operations, activities, industries, trades, businesses, works, sites or municipal solid wastes;

(d) requiring waste haulers to

(i) act as agents of the regional district when collecting fees under this section,

(ii) remit fees to the regional district in accordance with the bylaw,

(iii) maintain records in accordance with the bylaw, and

(iv) permit an employee or agent of the regional district to inspect and make copies of these records during the waste hauler's normal business hours;

(e) setting conditions respecting the collection and remittance of fees by waste haulers and setting compensation payable to the haulers for this service;

(f) establishing fines for failure to comply with a bylaw made under this section.

5 Section 24 (2) (b) is amended by adding "and one or more assistant district directors" after "a district director".

6 The following sections are added:

Disposal of municipal solid waste in Greater Vancouver

24.1 (1) In addition to anything in the Greater Vancouver Sewerage and Drainage District Act, the Administration Board of the Greater Vancouver Sewerage and Drainage District may make bylaws to prohibit, regulate or otherwise control the introduction into the environment of municipal solid waste.

(2) 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 municipal solid waste, or that specifies the characteristics of municipal solid waste that may be discharged into the environment, 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 municipal solid waste and its discharge;

(d) exempt from the application of section 3 (2) and (3), in relation to the discharge of municipal solid waste, any operation, activity, industry, trade, business, works, site, facility or municipal solid waste that complies with the bylaw, if 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 for different classes of persons, operations, activities, industries, trades, businesses, works, sites or municipal solid wastes.

(3) The Administration Board of the Greater Vancouver Sewerage and Drainage District, before exercising a power under subsection (1) or (2), must

(a) appoint a district director and one or more assistant district directors who may, with respect to the management of municipal solid waste and recyclable material at sites within the area of the Greater Vancouver Regional District, exercise all the powers of a manager under this Act and the regulations, and

(b) appoint officers who may, with respect to the management of municipal solid waste and recyclable material at sites within the area of the Greater Vancouver Regional District, exercise all the powers of an officer under sections 29 and 30 of this Act and under the regulations.

(4) If the minister considers it necessary in the public interest with respect to the exercise of the powers granted under subsections (1) and (2), the minister may

(a) require officers designated by the minister to carry out a review of the manner in which the powers have been exercised by the Greater Vancouver Sewerage and Drainage District, or

(b) take any action to ensure proper administration of the powers granted, including the authorization of designated officers to carry out the duties associated with those powers.

(5) After a minister receives a report and recommendation from the officers referred to in subsection (4) (a), and after any consultation the minister considers necessary, the minister may revoke any or all of the powers granted under subsection (1) or (2).

(6) No action lies, and no proceedings may be brought, against the Greater Vancouver Sewerage and Drainage District or an officer, employee or elected or appointed official of the Greater Vancouver Regional District because of anything arising out of the administration of the powers, duties and functions under this section unless a person establishes that the Greater Vancouver Sewerage and Drainage District or an officer, employee or elected or appointed official of the Greater Vancouver Regional District has acted in bad faith.

(7) Part 7 and section 51 of this Act apply to a decision of the Administration Board of the Greater Vancouver Sewerage and Drainage District, or a decision of an officer, employee or elected or appointed official of the Greater Vancouver Regional District, made under the authority of a bylaw made under subsection (1) or (2).

(8) This section does not apply to a site owned or operated by the Greater Vancouver Sewerage and Drainage District or one of its member municipalities.

Disposal of municipal solid waste in other regional districts

24.2 (1) The Lieutenant Governor in Council may, on receipt of a written request from a regional district and after appropriate consultation with the regional district, make regulations

(a) giving the regional district the authority to make bylaws to prohibit, regulate or otherwise control the introduction into the environment of municipal solid waste within the area covered by the regional district's approved solid waste management plan, and

(b) specifying the terms and conditions, including the collection of fees, by which the authority is made.

(2) Section 24.1 (2) to (8) applies to a regional district referred to in subsection (1) of this section.

Bylaw approval or amendment

24.3 (1) A bylaw made by a regional district under the authority of section 19, 19.1 or 24.2, or made by the Administration Board of the Greater Vancouver Sewerage and Drainage District under the authority of section 19, 19.1 or 24.1, must not be adopted without the prior approval in writing of the minister.

(2) If the minister considers it necessary in the public interest, the minister may require a regional district or the Greater Vancouver Sewerage and Drainage District to amend, suspend or cancel any bylaw or part of a bylaw, or any authorization given pursuant to a bylaw, made under section 19, 19.1, 24.1 or 24.2.

Delegation of powers

24.4 (1) For the purposes of sections 19, 19.1 and 24.2, a regional district may, by bylaw, delegate to an officer or employee of the regional district the power to exercise the functions and duties of the regional district in bylaws made under those sections.

(2) For the purpose of sections 19, 19.1 and 24.1, the Administration Board of the Greater Vancouver Sewerage and Drainage District may, by bylaw, delegate to an officer or employee of the Greater Vancouver Regional District the power to exercise the functions and duties of the Greater Vancouver Sewerage and Drainage District in bylaws made under those sections.

(3) A bylaw referred to in subsection (1) or (2) must include an appeal mechanism from a decision of the officer or employee.

7 Section 25 is amended

(a) in subsection (1) by striking out "Municipal Act or the Vancouver Charter," and substituting "Municipal Act, the Vancouver Charter or the Greater Vancouver Sewerage and Drainage District Act,",

(b) in subsection (1) (a) by striking out "23 or 24," and substituting "23, 24, 24.1 or 24.2,", and

(c) in subsections (2), (3) and (4) by striking out "23 or 24" and substituting "23, 24, 24.1 or 24.2".

8 Section 57 (3) is amended by adding the following paragraph:

(c.1) prescribing the basis for setting fees for the purposes of section 19.1 (2) (b) (iii); .

Validation of Greater Vancouver Regional Sewerage and Drainage District
Municipal Solid Waste and Recyclable Material Regulatory Bylaw

9 The bylaws cited as the Greater Vancouver Sewerage and Drainage District Municipal Solid Waste and Recyclable Material Regulatory Bylaw No. 181, 1996, adopted by the Administration Board of the Greater Vancouver Sewerage and Drainage District on May 24, 1996 and the Greater Vancouver Sewerage and Drainage District Municipal Solid Waste and Recyclable Material Regulatory Amending Bylaw No. 183, 1996, adopted by the Administration Board of the Greater Vancouver Sewerage and Drainage District on June 28, 1996, are conclusively deemed to have been validly adopted on those dates and to have been in force since they were adopted, but only insofar as they are not inconsistent with the provisions of the Waste Management Act as amended by this Act.

Commencement

10 Section 9 is deemed to have come into force on May 24, 1996 and is retroactive to the extent necessary to give it full force and effect and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

 
Explanatory Notes

SECTION 1: [Waste Management Act, amends section 1 (1)]

(a) amends the definition of "district director" for the purposes of sections 24.1 and 24.2;

(b) simplifies the definition of "recyclable material" to make it more generic and flexible;

(c) clarifies that abandoned material is included in the definition of "refuse".

SECTION 2: [Waste Management Act, re-enacts section 17] amends and adds definitions for the purposes of Part 3 of the Waste Management Act.

SECTION 3: [Waste Management Act, repeals and replaces section 18 (9)] clarifies that a bylaw adopted by a municipality to prepare a waste management plan, or to implement a waste management plan approved by the minister, does not require the consent of the electors.

SECTION 4: [Waste Management Act, re-enacts section 19 and enacts section 19.1]

SECTION 5: [Waste Management Act, amends section 24 (2) (b)] empowers the Greater Vancouver Regional District to appoint one or more assistant district directors.

SECTION 6: [Waste Management Act, enacts sections 24.1 to 24.4]

SECTION 7: [Waste Management Act, amends section 25] is consequential to the amendments made by section 6 of this Bill.

SECTION 8: [Waste Management Act, adds section 57 (3) (c.1)] adds a regulation making power.

SECTION 9: [Waste Management Amendment Act, 1998] validates bylaws made by the Greater Vancouver Regional district respecting the management of municipal solid waste and recyclable material to the extent that the bylaws are not inconsistent with the powers granted to regional districts under Part 3 of the Waste Management Act as amended by this Bill.


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