Provincial Environmental Law, Regulations

1
Provincial Environmental Law,Regulations Policy

• Andrea C. Akelaitis Daniela H. FisherEdwards,
  Kenny Bray LLPNovember 2005

2
Provincial Environmental Law, Regulations Policy

• Introduction / Overview
• Environmental Management Act and Regulations
• Integrated Pest Management Act
• Drinking Water Protection Act
• Other Recent Reforms

3
Introduction / Overview
4
Canadian Environmental Legal Framework

• Federal legislation
• Provincial legislation
• Regional legislation
• Municipal legislation

5
Canadian Environmental Legal Framework (contd)

• First Nations considerations
• Existing treaties
• Aboriginal rights and title
• Case law from courts
• Legislative interpretation and guidance
• Common law causes of action

6
Provincial Environmental Legislation General
Framework

• Obligations
• General prohibition(s)
• Permits, approvals and authorizations for
  activities
• Standards and duties governing activities (e.g.
  monitoring, reporting)

7
Provincial Environmental Legislation General
Framework (contd)

• Enforcement and Compliance
• Inspection and investigation powers
• Penalties and orders
• Continuing offence is separate offence
• Liability for employees and agents
• Director and officer liability
• Due diligence defence

8
Provincial Environmental Legislation Recent
Reforms

• Obligations
• Shift from prescriptive approach to risk-based
  approach
• Deregulation less permits and approvals
  required
• Enforcement and Compliance
• Increased potential liability and penalties for
  non-compliance

9
Provincial Environmental Legislation Recent
Reforms (contd)

• Themes illustrated in recent legislation
• Environmental Management Act and regulations
• Integrated Pest Management Act
• Drinking Water Protection Act
• Other recent legislative reforms

10
Environmental Management Act (EMA) and
Regulations
11
Overview

• In force July 8, 2004
• Repealed and replaced Waste Management Act and
  Environment Management Act
• EMA remains the key statute

12
Similarities between EMA and Waste Management Act

• Polluter Pays principle remains the same

13
Changes from theWaste Management Act

• Two major themes
• Risk-based remediation
• Deregulation
• Key areas of change
• Position of Manager has been eliminated
• New permitting regime
• New penalty provisions administrative monetary
  penalties
• Hazardous waste replaces special waste
• Definition and administration of contaminated
  sites
• Conditional Certificates of Compliance eliminated

14
Key Features of the EMA

• Remediation
• Permitting
• Enforcement Procedures/Penalties

15
New Waste Discharge Scheme

• Who needs a permit?
• Schedule 1 industries
• Codes of Practice
• Schedule 2 industries
• General prohibition not to cause pollution

16
Codes of Practice

• Legally enforceable standards
• Applies to Schedule 2 industries and operations
• In the development stage
• Only 1 code enacted so far

17
Requirements of Codes of Practice

• Technical requirements
• Monitoring requirements
• Record keeping
• Reporting
• Registration

18
Regulations

• 36 regulations under the EMA
• Regulations with respect to
• Activities
• Substances
• Procedure

19
Integrated Pest Management Act (IPMA)
20
Overview

• Came into effect December 31, 2004
• Replaced Pesticide Control Act and regulations
• Regulates sale, use and handling of pesticides in
  BC

21
Obligations

• General prohibitions must not sell, use or
  handle a pesticide in a manner that causes or is
  likely to cause unreasonable adverse effect
• Hold license, certificate, permit, or
  confirmation of pest management plan
• Meet any corresponding requirements
• Use, containment, transport, storage or sale
• Public notification and consultation
• Records and reporting
• Use of integrated pest management (IPM)

22
Obligations (contd)

• What is IPM?
• process for pest management that uses variety of
  techniques before pesticide use, and considers
  protection of public health and environment
• IPM requirements set out in regulation

23
Key Changes under IPMA

• Classification of some pesticides changed
• Permit-restricted pesticides decreased
• Excluded pesticides increased
• Permits required only for specified high
  risk pesticide use

24
Key Changes under IPMA (contd)

• Pest management plan (PMP) confirmation
  required for routine pesticide use PMP must be
  based on IPM
• Increased public consultation and notification
  requirements

25
Enforcement and Compliance

• Enforcement
• Administrator
• Qualified Monitors not yet in place
• Compliance
• Offence Penalties significant increase in
  maximum penalty
• Administrative penalties available not yet in
  place

26
Drinking Water Protection Act (DWPA)
27
Overview

• Came into effect May 16, 2003
• Regulates protection of drinking water in BC

28
Obligations

• Provisions applicable to water suppliers
• Provide potable water
• Obtain construction and operating permits
• Prepare emergency-response and contingency plans
• Follow monitoring requirements
• Report threats to drinking water

29
Obligations (contd)

• Provisions of general application
• General prohibition against contaminating
  drinking water or tampering with water supply
  systems (with some exceptions)
• Report certain threats to drinking water

30
Enforcement and Compliance

• Offence Penalties increase in maximum penalty,
  to 200,000 and/or 12 months imprisonment (from
  2,000 previously)

31
Other Recent Reforms
32

• Riparian Area Regulation (Fish Protection Act)
  in force March 31, 2006, with some extensions to
  2006
• Contraventions Regulation (federal Contraventions
  Act, provincial Offence Act) federal/provincial
  coordination for federal ticket penalties

33

• Thank you
• Andrea C. Akelaitis
• aakelaitis_at_ekb.com
• Daniela H. Fisher
• dfisher_at_ekb.com
• www.ekb.com

34
(No Transcript)