2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE JOYCE MURRAY
MINISTER OF WATER, LAND
AND AIR PROTECTION
Part 11 -- Transitional Provisions
and Consequential Amendments
140 (1) If under this Act a regulation making authority that under the Waste Management Act was provided to the Lieutenant Governor in Council has been provided exclusively to the minister, regulations made by the Lieutenant Governor in Council made under that previous authority that are in force on the date this Act comes into force are deemed to have been made by the minister.
(2) A decision of a manager under the Waste Management Act is deemed to be a decision of a director under this Act.
(3) A decision of the Environmental Appeal Board in relation to an appeal under the Waste Management Act is deemed to have been made under Division 2 [Appeals from Decisions under this Act] of Part 8 of this Act.
(4) A protocol approved or adopted by a director under the regulations to the Waste Management Act is deemed to be a protocol established under section 64 of this Act.
(5) A conditional certificate of compliance issued under the Waste Management Act that is valid and subsisting on the date this Act comes into force is deemed to be a certificate of compliance that is
(a) subject to the conditions in the conditional certificate, and
(b) issued under and in accordance with this Act.
141 (1) The Lieutenant Governor in Council may make regulations the Lieutenant Governor in Council considers necessary or advisable for the orderly transition from the application of the Environment Management Act and the Waste Management Act to their replacement by this Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council, by regulation, may waive or reduce any fee under this Act.
(3) Unless earlier repealed, a regulation under this section is repealed 2 years after it is enacted.
Agricultural Land Commission Act
142 Section 2 (1) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is amended by striking out "Waste Management Act" and substituting "Environmental Management Act".
Commercial River Rafting Safety Act
143 The Commercial River Rafting Safety Act, R.S.B.C. 1996, c. 56, is amended
(a) in section 1 in the definition of "inspector" by striking out "the Environment Management Act;" and substituting "the Environmental Management Act;", and
(b) in section 6 (1) by striking out "established under the Environment Management Act." and substituting "continued under the Environmental Management Act."
Energy and Mines Statutes Amendment Act, 2002
144 Section 15 (e) of the Energy and Mines Statutes Amendment Act, 2002, S.B.C. 2002, c. 26, as it enacts paragraph (h) (v) of the definition of "specified enactment" in section 1 (1) of the Oil and Gas Commission Act, is repealed and the following substituted:
(v) Environmental Management Act; .
Energy and Mines Statutes Amendment Act, 2003
145 Sections 26 to 29 of the Energy and Mines Statutes Amendment Act, 2003, S.B.C. 2003, c. 1, are repealed.
Environment Management Act
146 The Environment Management Act, R.S.B.C. 1996, c. 118, is repealed.
147 The Supplement to the Environment Management Act is repealed.
Farm Practices Protection (Right to Farm) Act
148 Section 2 (2) (c) of the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, is amended by striking out "Waste Management Act," and substituting "Environmental Management Act,".
Firearm Act
149 Section 1 of the Firearm Act, R.S.B.C. 1996, c. 145, is amended in the definition of "conservation officer" by striking out "Environment Management Act;" and substituting "Environmental Management Act;".
Fisheries Act
150 Section 1 of the Fisheries Act, R.S.B.C. 1996, c. 149, is amended in the definition of "conservation officer" by striking out "Environment Management Act;" and substituting "Environmental Management Act;".
Greater Vancouver Sewerage and Drainage District Act
151 Section 7A (7) of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is amended by striking out "the Waste Management Act," and substituting "the Environmental Management Act,".
Greenbelt Act
152 Section 2 (3) of the Greenbelt Act, R.S.B.C. 1996, c. 176, is amended by striking out "Waste Management Act" and substituting "Environmental Management Act".
Health Act
153 The Health Act, R.S.B.C. 1996, c. 179, is amended
(a) in section 8 (4) by striking out "established under section 11 of the Environment Management Act," and substituting "continued under section 93 of the Environmental Management Act,", and
(b) in section 55 (2) of by striking out "Waste Management Act" and substituting "Environmental Management Act".
Hydro and Power Authority Act
154 Section 32 (7) of the Hydro and Power Authority Act, R.S.B.C. 1996, c. 212, is amended
(a) by repealing paragraph (i) and substituting the following:
(i) the Environmental Management Act; , and
(b) by repealing paragraph (y).
Islands Trust Act
155 Section 34.1 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is repealed and the following substituted:
34.1 (1) This section applies to an application for one or more of the following:
(a) zoning and rezoning, including siting and use permits;
(b) development permits or development variance permits;
(c) removal of soil.
(2) A local trust committee must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 of the Environmental Management Act unless at least one of the following is satisfied:
(a) the local trust committee has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the local trust committee is not required to forward a copy of the site profile to a director under section 40 (4) (b) of that Act;
(b) the local trust committee has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to a director under section 40 (4) (b) of that Act and has received notice from the director that a site investigation under section 41 of that Act will not be required by the director;
(c) the local trust committee has received a final determination under section 44 of the Environmental Management Act that the site is not a contaminated site;
(d) the local trust committee has received notice from the director under the Environmental Management Act that the local trust committee may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
(e) the local trust committee has received notice from the director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;
(f) the local trust committee has received notice from the director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;
(g) the local trust committee has received a valid and subsisting approval in principle or certificate of compliance under section 53 of the Environmental Management Act with respect to the site.
Land Title Act
156 Section 85.1 of The Land Title Act, R.S.B.C. 1996, c. 250, is repealed and the following substituted:
85.1 (1) This section applies to an application for subdivision.
(2) Despite section 85, an approving officer must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 of the Environmental Management Act unless at least one of the following is satisfied:
(a) the approving officer has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the approving officer is not required to forward a copy of the site profile to the director under section 40 (4) (b) of that Act;
(b) the approving officer has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to a director under section 40 (4) (b) of that Act and has received notice from the director that a site investigation under section 41 of that Act will not be required by the director;
(c) the approving officer has received a final determination under section 44 of the Environmental Management Act that the site is not a contaminated site;
(d) the approving officer has received notice from the director under the Environmental Management Act that the approving officer may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
(e) the approving officer has received notice from a director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;
(f) the approving officer has received notice from a director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;
(g) the approving officer has received a valid and subsisting approval in principle or certificate of compliance under section 53 of the Environmental Management Act with respect to the site.
157 Section 392 (1) is amended by striking out "the Waste Management Act." and substituting "the Environmental Management Act."
Local Government Act
158 Section 335.1 (2) of Local Government Act, R.S.B.C. 1996, c. 323, is amended
(a) in paragraph (d) by striking out "section 32 of the Waste Management Act;" and substituting "section 84 [abatement of municpal pollution] of the Environmental Management Act;", and
(b) in paragraph (e) by striking out "the Environment Management Act" and substituting "the Environmental Management Act".
159 Section 646 (7) is amended by striking out "the Waste Management Act," and substituting "the Environmental Management Act,".
160 Section 797.1 (5) is amended by striking out "the Waste Management Act" and substituting "the Environmental Management Act".
161 Section 946.1 (2) is amended
(a) in paragraph (a) by striking out "section 26.1 (1) of the Waste Management Act," and substituting "section 40 (1) [site profiles] of the Environmental Management Act,", and
(b) in paragraph (b) by striking out "section 26.1 (5) of the Waste Management Act," and substituting "section 40 (4) [site profiles] of the Environmental Management Act,".
162 Section 946.2 is repealed and the following substituted:
946.2 (1) This section applies to an application for one or more of the following:
(a) zoning;
(b) development permits or development variance permits;
(c) removal of soil;
(d) demolition permits respecting structures that have been used for commercial or industrial purposes.
(2) A municipality must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 [site profiles] of the Environmental Management Act unless at least one of the following is satisfied:
(a) the municipality has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the municipality is not required to forward a copy of the site profile to a director under section 40 (4) (b) of that Act;
(b) the municipality has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to the director under section 40 (4) (b) of that Act and has received notice from a director that a site investigation under section 41 [site investigations] of that Act will not be required by the director;
(c) the municipality has received a final determination under section 44 [determination of contaminated sites] of the Environmental Management Act that the site is not a contaminated site;
(d) the municipality has received notice from a director under the Environmental Management Act that the municipality may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
(e) the municipality has received notice from a director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;
(f) the municipality has received notice from a director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;
(g) the municipality has received a valid and subsisting approval in principle or certificate of compliance under section 53 [approvals in principle and certificates of compliance] of the Environmental Management Act with respect to the site.
Miscellaneous Statutes Amendment Act (No. 2), 2002
163 Section 70 of the Miscellaneous Statutes Amendment Act (No. 2), 2002, S.B.C. 2002, c. 48, is repealed.
Motor Vehicle Act
164 Section 47 (2) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by striking out "the Waste Management Act," and substituting "the Environmental Management Act,".
Motor Vehicle (All Terrain) Act
165 Section 1 of the Motor Vehicle (All Terrain) Act, R.S.B.C. 1996, c. 318, is amended in the definition of "conservation officer" by striking out "the Environment Management Act," and substituting "the Environmental Management Act,".
Oil and Gas Commission Act
166 The Oil and Gas Commission Act, S.B.C. 1998, c. 39, is amended
(a) in section 1 by repealing paragraph (f) of the definition of "specified enactment" and substituting the following:
(f) any of the following provisions of the Environmental Management Act:
(i) section 9 (hazardous waste storage and disposal);
(ii) section 14 (permits);
(iii) section 15 (approvals);
(iv) section 16 (amendment of permits and approvals);
(v) section 17 (transfers of permits and approvals, etc.);
(vi) section 20 (abandonment), and , and
(b) in section 9 (1) by striking out "section 44 of the Waste Management Act" and substituting "section 100 (appeals to Environmental Appeal Board) of the Environmental Management Act".
Park Act
167 Section 2 (1) of the Park Act, R.S.B.C. 1996, c. 344, is amended by striking out "the Waste Management Act," and substituting "the Environmental Management Act,".
Petroleum and Natural Gas Act
168 Section 84.1 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is repealed and the following substituted:
84.1 (1) This section applies to an application for a certificate of restoration with respect to a well, test hole or production facility in accordance with section 84.
(2) The commission must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 of the Environmental Management Act unless at least one of the following is satisfied:
(a) the commission has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the commission is not required to forward a copy of the site profile to a director under section 40 (4) (b) of that Act;
(b) the commission has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to a director under section 40 (4) (b) of that Act and has received notice from the director that a site investigation under section 41 of that Act will not be required by the director;
(c) the commission has received a final determination under section 44 of the Environmental Management Act that the site is not a contaminated site;
(d) the commission has received notice from a director under the Environmental Management Act that the commission may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
(e) the commission has received notice from a director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;
(f) the commission has received notice from a director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;
(g) the commission has received a valid and subsisting approval in principle or certificate of compliance under section 53 of the Environmental Management Act with respect to the site.
Property Law Act
169 Section 40 of the Property Law Act, R.S.B.C. 1996, c. 377, is amended by striking out "under section 26.1 (7) of the Waste Management Act," and substituting "under section 40 (6) of the Environmental Management Act,".
Sustainable Environment Fund Act
170 Section 4 (f) of the Sustainable Environment Fund Act, R.S.B.C. 1996, c. 445, is amended by striking out "the Waste Management Act" and substituting "the Environmental Management Act".
Transport of Dangerous Goods Act
171 Section 3 (2) of the Transport of Dangerous Goods Act, R.S.B.C. 1996, c. 458, is amended by striking out "the Environment Management Act." and substituting "the Environmental Management Act."
Trespass Act
172 Section 10 (1) of the Trespass Act, R.S.B.C. 1996, c. 462, is amended by striking out "the Environment Management Act." and substituting "the Environmental Management Act."
Vancouver Charter
173 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by repealing sections 571B and 571C and substituting the following:
571B. (1) This section applies to an application for one or more of the following:
(a) zoning;
(b) development permits;
(c) removal of soil;
(d) demolition permits respecting structures that have been used for commercial or industrial purposes.
(2) The Council or its delegate must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 of the Environmental Management Act unless at least one of the following is satisfied:
(a) the Council or its delegate has received a site profile required under section 40 of the Environmental Management Act with respect to the site and the Council or its delegate is not required to forward a copy of the site profile to a director under section 40 (4) (b) of that Act;
(b) the Council or its delegate has received a site profile under section 40 of the Environmental Management Act with respect to the site, has forwarded a copy of the site profile to a director under section 40 (4) (b) of that Act and has received notice from the director that a site investigation under section 41 of that Act will not be required by the director;
(c) the Council or its delegate has received a final determination under section 44 of the Environmental Management Act that the site is not a contaminated site;
(d) the Council or its delegate has received notice from a director under the Environmental Management Act that the Council or its delegate may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
(e) the Council or its delegate has received notice from a director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;
(f) the Council or its delegate has received notice from a director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;
(g) the Council or its delegate has received a valid and subsisting approval in principle or certificate of compliance under section 53 of the Environmental Management Act with respect to the site.
571C. The Council may by bylaw enter into and implement an agreement referred to in sections 55 and 57 of the Environmental Management Act.
Waste Management Act
174 The Waste Management Act, R.S.B.C. 1996, c. 482, is repealed.
Water Act
175 Section 1 of the Water Act, R.S.B.C 1996, c. 483, is amended
(a) by repealing the definition of "appeal board" and substituting the following:
"appeal board" means the Environmental Appeal Board continued under section 93 of the Environmental Management Act; , and
(b) in paragraph (b) of the definition of "officer" by striking out "Environment Management Act;" and substituting "Environmental Management Act;".
176 Section 40 is amended
(a) in subsection (1) by striking out "established under the Environment Management Act" and substituting "continued under the Environmental Management Act", and
(b) in subsection (4) (a) and (b) by striking out "Environment Management Act" and substituting "Environmental Management Act".
Wildlife Act
177 The Wildlife Act, R.S.B.C. 1996, c. 488, is amended
(a) in section 1 (1) by repealing the definitions of "appeal board" and "conservation officer" and substituting the following:
"appeal board" means the Environmental Appeal Board continued under the Environmental Management Act;
"conservation officer" means a conservation officer defined in section 1 (1) of the Environmental Management Act; ,
(b) in section 7 (3) by striking out "section 3 of the Environment Management Act." and substituting "section 78 of the Environmental Management Act.",
(c) in section 88.1 (4) (c) by striking out "the Waste Management Act" and substituting "the Environmental Management Act",
(d) in section 101.1 (1) by striking out "established under the Environment Management Act" and substituting "continued under the Environmental Management Act", and
(e) in section 101.1 (3) (a) and (b) by striking out "the Environment Management Act" and substituting "the Environmental Management Act".
178 The Environmental Management Act is amended
(a) in section 1 (1) by repealing the definition of "municipality" and substituting the following:
"municipality", except in Part 4 [Contaminated Site Remediation], includes,
(a) a regional district,
(b) an improvement district that has as an object
(i) the disposal of sewage or refuse, or
(ii) the provision of a system for the disposal of sewage or refuse or both, and
(c) the Greater Vancouver Sewerage and Drainage District; ,
(b) in section 6 (5) (f) by striking out "the Pesticide Control Act," and substituting "the Integrated Pest Management Act,",
(c) by repealing section 18 (5) (b) (ii) and substituting the following:
(ii) is a corporation that is liquidated, dissolved or otherwise wound up or is an extraprovincial company within the meaning of the Business Corporations Act that has had its registration cancelled under Part 11 or 12 of that Act, ,
(d) by repealing section 24 (7) and substituting the following:
(7) Despite anything in the Community Charter or the Local Government 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 (5),
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 a petition, the assent of the electors or the approval of the electors. ,
(e) in section 37 (1) by striking out "the Local Government Act," and substituting "the Community Charter, the Local Government Act,",
(f) in section 55 (6) by striking out "the Islands Trust Act," and substituting "the Community Charter, the Islands Trust Act,", and
(g) in section 138 (3) (e) by striking out "or a local government or an improvement district" and substituting "or a local authority as defined in the Community Charter".
179 This Act comes into force by regulation of the Lieutenant Governor in Council.
The proposed Environmental Management Act repeals and replaces the Environment Management Act and the Waste Management Act. The waste management scheme proposed by this Bill differs from the scheme under the Waste Management Act as follows:
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