BILL 32 – 2002
WASTE MANAGEMENT AMENDMENT ACT, 2002

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 26.4 of the Waste Management Act, R.S.B.C. 1996, c. 482, is amended by adding the following subsection:

(4.1) In addition to a manager making a determination under subsection (1), a site is considered to be or to have been a contaminated site if the manager has done any of the following:

(a) appointed an allocation panel with respect to the site under section 27.2;

(b) determined that a responsible person is a minor contributor with respect to the site under section 27.3;

(c) entered into a voluntary remediation agreement with respect to the site under section 27.4;

(d) issued an approval in principle with respect to a proposed remediation plan for the site under section 27.6 (1);

(e) issued a certificate of compliance or conditional certificate of compliance with respect to remediation of the site under section 27.6 (2) and (3).

2 Section 27 is amended by adding the following subsections:

(5) Subject to subsections (6) and (7), a person is not required to obtain, as a condition of an action or proceeding under subsection (4) being heard by a court,

(a) a decision, determination, opinion or apportionment of liability for remediation from a manager, or

(b) an opinion respecting liability from an allocation panel.

(6) In all cases the site that is the subject of an action or proceeding must be determined or considered under section 26.4 to be or to have been a contaminated site before the court can hear the matter.

(7) Despite subsection (6), if independent remediation has been carried out at a site and the site has not been determined or considered under section 26.4 to be or to have been a contaminated site, the court must determine whether the site is or was a contaminated site.

(8) The court may determine, unless otherwise determined or established under Part 4, any of the following:

(a) whether a person is a responsible person for remediation at a contaminated site;

(b) whether the costs of remediation at a contaminated site have been reasonably incurred;

(c) the apportionment of a share of the costs of remediation at a contaminated site amongst one or more responsible persons in accordance with the principles of liability set out in Part 4;

(d) such other determinations as necessary to a fair and just disposition of these matters.

3 Section 27.2 is amended by adding the following subsection:

(4.1) If a manager has appointed an allocation panel with respect to a site, the site is considered to be a contaminated site at the time the allocation panel was appointed despite the absence of a determination under section 26.4 (1).

4 Section 27.3 is amended by adding the following subsection:

(4) If a manager has determined that a responsible person is a minor contributor for a site, the site is considered to be a contaminated site at the time of that determination, despite the absence of a determination under section 26.4 (1).

5 Section 27.4 is amended by adding the following subsection:

(4) If a manager has entered into a voluntary remediation agreement for a site, the site is considered to be a contaminated site at the time the agreement was made, despite the absence of a determination under section 26.4 (1).

6 Section 27.6 is amended by adding the following subsections:

(1.1) For the purpose of subsection (1), if a manager has issued an approval in principle with respect to a proposed remediation plan for a site, the site is considered to be a contaminated site at the time the approval in principle was issued, despite the absence of a determination under section 26.4 (1).

(3.1) For the purpose of subsection (2) or (3), if a manager has issued a certificate of compliance or conditional certificate of compliance with respect to remediation of a site, the site is considered to have been a contaminated site at the time remediation of the site began, despite the absence of a determination under section 26.4 (1).

7 The following Part is added:

Part 4.1 -- Remediation of Mineral Exploration
Sites and Mines

Definitions and interpretation

28.8 (1) In this Part:

"advanced exploration site" means an area for the purpose of

(a) undertaking mineral exploration activities within an area described by a valid and subsisting mineral title as defined under the Mineral Tenure Act,

(b) undertaking mineral exploration activities within an area described by a valid and subsisting Crown granted claim under the Land Act, or

(c) undertaking coal exploration activities within a valid and subsisting location as defined under the Coal Act,

where

(d) bedrock has been excavated for the purpose of underground development, removed as bulk samples, or removed for trial cargos or test shipments, in an amount less than or equal to 1 000 tonnes, or

(e) coal has been mined, removed as bulk samples, or removed for trial cargos or test shipments, in an amount less than or equal to

(i) 50 000 tonnes of coal, or

(ii) 200 000 tonnes of total material disturbed, including coal;

"core area" means an area at an advanced exploration site or at a producing or past producing mine site and includes

(a) areas where waste rock or mine tailings are placed,

(b) areas where there is disturbance of the ground by mechanical means including, without limitation, trenches, open pits and underground workings,

(c) areas where there has been construction, modification, deactivation or reclamation of an access road, and

(d) other prescribed activities and uses;

"dispute resolution process" means a process to resolve disputes established in an agreement between the deputy ministers of the Ministry of Energy and Mines and the Ministry of Water, Land and Air Protection concerning the administration of mines under the Mines Act and the Waste Management Act;

"exploration site" means an area for the purpose of

(a) undertaking mineral exploration activities within an area described by a valid and subsisting mineral title as defined under the Mineral Tenure Act,

(b) undertaking mineral exploration activities within an area described by a valid and subsisting Crown granted claim under the Land Act, or

(c) undertaking coal exploration activities within a valid and subsisting location as defined under the Coal Act,

where

(d) bulk samples, trial cargos or test shipments have not been taken, and

(e) bedrock has not been excavated for the purpose of underground development;

"historic mine site" means an area

(a) where mechanical disturbance of the ground or any excavation has been made to produce coal or mineral bearing substances, including a site used for processing, concentrating or waste disposal, and

(b) for which a Mines Act permit does not exist and no identifiable owner or operator is taking responsibility for contamination at the site;

"non-core area" means an area at an advanced exploration site or producing or past producing mine site that is not a core area including, without limitation, facilities and operations such as maintenance shops, storage facilities, accommodation complexes, mineral crushing and processing mills and mineral treatment operations;

"producing or past producing mine site" means a mine

(a) defined by the area of

(i) a mineral title as defined under the Mineral Tenure Act,

(ii) a Crown granted claim under the Land Act, or

(iii) a location as defined under the Coal Act,

(b) that has a valid and subsisting permit under the Mines Act, and

(c) that is currently producing or has produced minerals or coal,

where

(d) bedrock has been excavated for the purpose of underground development, removed as bulk samples, or removed for trial cargos or test shipments, in an amount greater than 1 000 tonnes, or

(e) coal has been mined, removed as bulk samples, or removed for trial cargos or test shipments, in an amount greater than

(ii) 50 000 tonnes of coal, or

(ii) 200 000 tonnes of total material disturbed, including coal;

"transfer agreement" means a written agreement between the Chief Inspector of Mines under the Mines Act and the director under the Waste Management Act regarding the transfer of the Mines Act permit.

(2) This Part does not restrict the powers of a manager to issue and enforce a permit or approval for a discharge to air, land or water associated with an advanced exploration site or producing or past producing mine site.

(3) This Part does not apply to exploration, mine development or the production of placer minerals, marl, earth, soil, peat, sand, gravel, dimension stone, rock or any natural substance that is used for a construction purpose on land.

(4) If there is a conflict between anything in Part 4 and sections 31 and 33 that are otherwise provided for in this Part, the provisions of this Part apply.

Exploration sites

28.9 (1) Despite section 26.5, the following persons who carried out mineral or coal exploration activities at an exploration site are not responsible for remediation at the site:

(a) a previous owner or operator;

(b) a current owner or operator who holds a valid and subsisting bond for the exploration site under the Mines Act.

(2) A manager must not issue a remediation order under section 27.1 to a current or previous owner or operator of an exploration site.

(3) A manager must not issue a pollution abatement order under section 31 or a pollution prevention order under section 33 to a previous owner or operator of an exploration site.

(4) A manager must not obtain security under this Act for remediation at an exploration site.

(5) Fees prescribed in relation to an exploration site under Part 4 are payable only with respect to the remediation of spills of substances.

Advanced exploration sites

28.91 (1) A manager must not issue a remediation order under section 27.1 to a current or previous owner or operator of a core area within an advanced exploration site.

(2) Despite section 26.5, a previous owner or operator of an advanced exploration site is not responsible for remediation at the site if the owner or operator

(a) obtains a transfer agreement that excludes the owner or operator from liability for the contaminated site, or

(b) obtains indemnification under the Financial Administration Act.

(3) A manager must not obtain security under this Act for remediation at an advanced exploration site.

(4) Fees prescribed in relation to an advanced exploration site under Part 4 are payable only with respect to

(a) the remediation of spills of substances, or

(b) an order issued under section 27.1 for remediation at a non-core area.

Producing or past producing mine sites

28.92 (1) Section 27.1 does not apply to remediation at a core area unless

(a) requested by the Chief Inspector of Mines under the Mines Act,

(b) agreed to in the resolution of a dispute under the dispute resolution process, or

(c) the land and water use at the producing or past producing mine site is formally changed from those approved in the applicable Mines Act permit.

(2) Despite section 26.5, a previous owner or operator of a producing or past producing mine site is not responsible for remediation at the site if the owner or operator

(a) obtains a transfer agreement that excludes the owner or operator from liability for the contaminated site, or

(b) obtains indemnification under the Financial Administration Act.

(3) Subject to subsection (1), a manager must not obtain security under this Act for remediation at a producing or past producing mine site.

(4) Fees prescribed in relation to a producing or past producing mine site under Part 4 are payable only with respect to

(a) the remediation of spills of substances,

(b) a transfer agreement involving a core area,

(c) an order issued under section 27.1 for remediation at a non-core area, or

(d) a formal change in land or water use from those uses approved in the applicable Mines Act permit.

Historic mine sites

28.93 A person is not responsible for remediation at a historic mine site if

(a) indemnification has been provided to the person for that site under the Financial Administration Act, or

(b) the person has acquired the mineral or coal rights at the site for the purpose of undertaking mineral or coal exploration activities and the exploration activities have not exacerbated any contamination that existed at the site at the time the person acquired those mineral or coal rights.

8 Section 58 (1) is amended

(a) in paragraph (e) by striking out "Part 4" and substituting "Parts 4 and 4.1", and

(b) by adding the following paragraphs:

(y) prescribing other activities and uses for the purpose of the definition of "core area" in section 28.8 (1);

(z) prescribing the content of and criteria for transfer agreements for the purposes of Part 4.1.

  
Consequential Amendments

 
Islands Trust Act

9 Section 34.1 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is repealed and the following substituted:

Waste Management Act requirements must be met

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 26.1 of the Waste Management Act unless at least one of the following is satisfied:

(a) the local trust committee has received a site profile required under section 26.1 of the Waste Management Act with respect to the site and the local trust committee is not required to forward a copy of the site profile to the manager under section 26.1 (5) (b) of that Act;

(b) the local trust committee has received a site profile under section 26.1 of the Waste Management Act with respect to the site, has forwarded a copy of the site profile to the manager under section 26.1 (5) (b) of that Act and has received notice from the manager that a site investigation under section 26.2 of that Act will not be required by the manager;

(c) the local trust committee has received a final determination under section 26.4 of the Waste Management Act that the site is not a contaminated site;

(d) the local trust committee has received notice from a manager under the Waste Management Act that the local trust committee may approve an application under this section because, in the opinion of the manager, the site would not present a significant threat or risk if the application were approved;

(e) the local trust committee has received notice from a manager under the Waste Management Act that the manager has received and accepted a notice of independent remediation with respect to the site;

(f) the local trust committee has received notice from a manager under the Waste Management Act that the manager 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, certificate of compliance or conditional certificate of compliance under section 27.6 of the Waste Management Act with respect to the site.

 
Land Title Act

10 Section 85.1 of the Land Title Act, R.S.B.C. 1996, c. 250, is repealed and the following substituted:

Waste Management Act requirements must be met

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 26.1 of the Waste Management Act unless at least one of the following is satisfied:

(a) the approving officer has received a site profile required under section 26.1 of the Waste Management Act with respect to the site and the approving officer is not required to forward a copy of the site profile to the manager under section 26.1 (5) (b) of that Act;

(b) the approving officer has received a site profile under section 26.1 of the Waste Management Act with respect to the site, has forwarded a copy of the site profile to the manager under section 26.1 (5) (b) of that Act and has received notice from the manager that a site investigation under section 26.2 of that Act will not be required by the manager;

(c) the approving officer has received a final determination under section 26.4 of the Waste Management Act that the site is not a contaminated site;

(d) the approving officer has received notice from a manager under the Waste Management Act that the approving officer may approve an application under this section because, in the opinion of the manager, the site would not present a significant threat or risk if the application were approved;

(e) the approving officer has received notice from a manager under the Waste Management Act that the manager has received and accepted a notice of independent remediation with respect to the site;

(f) the approving officer has received notice from a manager under the Waste Management Act that the manager 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, certificate of compliance or conditional certificate of compliance under section 27.6 of the Waste Management Act with respect to the site.

 
Local Government Act

11 Section 946.2 of the Local Government Act, R.S.B.C. 1996, c. 323, is repealed and the following substituted:

Waste Management Act requirements must be met

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 26.1 of the Waste Management Act unless at least one of the following is satisfied:

(a) the municipality has received a site profile required under section 26.1 of the Waste Management Act with respect to the site and the municipality is not required to forward a copy of the site profile to the manager under section 26.1 (5) (b) of that Act;

(b) the municipality has received a site profile under section 26.1 of the Waste Management Act with respect to the site, has forwarded a copy of the site profile to the manager under section 26.1 (5) (b) of that Act and has received notice from the manager that a site investigation under section 26.2 of that Act will not be required by the manager;

(c) the municipality has received a final determination under section 26.4 of the Waste Management Act that the site is not a contaminated site;

(d) the municipality has received notice from a manager under the Waste Management Act that the municipality may approve an application under this section because, in the opinion of the manager, the site would not present a significant threat or risk if the application were approved;

(e) the municipality has received notice from a manager under the Waste Management Act that the manager has received and accepted a notice of independent remediation with respect to the site;

(f) the municipality has received notice from a manager under the Waste Management Act that the manager has entered into a voluntary remediation agreement with respect to the site;

(g) the municipality has received a valid and subsisting approval in principle, certificate of compliance or conditional certificate of compliance under section 27.6 of the Waste Management Act with respect to the site.

 
Petroleum and Natural Gas Act

12 Section 84.1 of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is repealed and the following substituted:

Waste Management Act requirements must be met

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 26.1 of the Waste Management Act unless at least one of the following is satisfied:

(a) the commission has received a site profile required under section 26.1 of the Waste Management Act with respect to the site and the commission is not required to forward a copy of the site profile to the manager under section 26.1 (5) (b) of that Act;

(b) the commission has received a site profile under section 26.1 of the Waste Management Act with respect to the site, has forwarded a copy of the site profile to the manager under section 26.1 (5) (b) of that Act and has received notice from the manager that a site investigation under section 26.2 of that Act will not be required by the manager;

(c) the commission has received a final determination under section 26.4 of the Waste Management Act that the site is not a contaminated site;

(d) the commission has received notice from a manager under the Waste Management Act that the commission may approve an application under this section because, in the opinion of the manager, the site would not present a significant threat or risk if the application were approved;

(e) the commission has received notice from a manager under the Waste Management Act that the manager has received and accepted a notice of independent remediation with respect to the site;

(f) the commission has received notice from a manager under the Waste Management Act that the manager has entered into a voluntary remediation agreement with respect to the site;

(g) the commission has received a valid and subsisting approval in principle, certificate of compliance or conditional certificate of compliance under section 27.6 of the Waste Management Act with respect to the site.

 
Vancouver Charter

13 Section 571B of the Vancouver Charter, S.B.C. 1953, c. 55, is repealed and the following substituted:

Waste Management Act requirements must be met

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 26.1 of the Waste 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 26.1 of the Waste 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 the manager under section 26.1 (5) (b) of that Act;

(b) the Council or its delegate has received a site profile under section 26.1 of the Waste Management Act with respect to the site, has forwarded a copy of the site profile to the manager under section 26.1 (5) (b) of that Act and has received notice from the manager that a site investigation under section 26.2 of that Act will not be required by the manager;

(c) the Council or its delegate has received a final determination under section 26.4 of the Waste Management Act that the site is not a contaminated site;

(d) the Council or its delegate has received notice from a manager under the Waste Management Act that the Council or its delegate may approve an application under this section because, in the opinion of the manager, 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 manager under the Waste Management Act that the manager 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 manager under the Waste Management Act that the manager 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, certificate of compliance or conditional certificate of compliance under section 27.6 of the Waste Management Act with respect to the site.