The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 21st day of May, 2008
Ian D. Izard, Q.C., Law Clerk
HONOURABLE BARRY PENNER
MINISTER OF ENVIRONMENT AND MINISTER
RESPONSIBLE FOR WATER STEWARDSHIP
AND SUSTAINABLE COMMUNITIES
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 — Introductory Provisions
1 In this Act:
"accepted emissions value" means the greenhouse gas emissions of a type of motor vehicle for a model year, as that value is
(a) established under the regulations,
(b) accepted by the director as being determined in accordance with the regulations, or
(c) accepted by the director in accordance with the regulations;
"administrative penalty" means an administrative penalty under Part 4 [Administrative Penalties];
"appeal board" means the Environmental Appeal Board under the Environmental Management Act;
"approval" means
(a) approval of the director under this Act, or
(b) approval of another authority that is recognized by regulation as an approving authority for the purposes of this Act;
"compliance deadline" means,
(a) for the purposes of Part 2 [Vehicle Fleet Emissions Standards], the 5th anniversary of the date on which the report under section 3 (1) [model year reports in relation to fleet emissions] for the relevant model year was due, and
(b) for the purposes of Part 3 [Zero Emission Vehicles], the prescribed deadline;
"credit" means,
(a) in relation to Part 2 [Vehicle Fleet Emissions Standards], a credit under section 26 (1) (g) [regulations in relation to Part 2 — credit system], and
(b) in relation to Part 3 [Zero Emission Vehicles], a credit under section 27 (g) [regulations in relation to Part 3 — credit system];
"director" means the government employee designated in writing by the minister as the director for the purposes of this Act;
"fleet average GHG emissions", in relation to a vehicle fleet, means the weighted average greenhouse gas emissions of the motor vehicles in the vehicle fleet, based on the accepted emissions values of those motor vehicles, as that average is determined in accordance with the regulations;
"fleet emissions standard" means a fleet emissions standard for a vehicle fleet, as established by or determined in accordance with the regulations;
"fuel" means any energy source used to propel a motor vehicle;
"full zero-emission vehicle" or "full ZEV" means a motor vehicle that, under the regulations, is deemed to have no emissions of
(a) prescribed greenhouse gases, or
(b) other prescribed substances
under prescribed operating conditions;
"greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act;
"indicated year", in relation to a model year, means the year identified in the name of the model year;
"inspector" means
(a) a government employee who is designated in writing by the director as an inspector, or a person in a class of government employees that is designated in writing by the director as inspectors, or
(b) a conservation officer within the meaning of the Environmental Management Act;
"manufacturer", in relation to a motor vehicle, means
(a) subject to paragraph (b), the actual manufacturer of the motor vehicle, if the manufacturer
(i) is a British Columbia corporation within the meaning of the Business Corporations Act, or
(ii) is deemed to carry on business in British Columbia within the meaning of section 375 of that Act, or
(b) the corporation or other person deemed under the regulations to be the manufacturer of the motor vehicle for the purposes of this Act;
"model year", in relation to a motor vehicle or vehicle fleet, means the model year as established under the regulations;
"motor vehicle" has the same meaning as in the Motor Vehicle Act;
"partial zero-emission vehicle" or "partial ZEV" means a motor vehicle that, under the regulations, is deemed to have emissions of
(a) prescribed greenhouse gases, or
(b) other prescribed substances
under prescribed operating conditions that are greater than those of a full ZEV but less than the prescribed level;
"vehicle fleet", for a manufacturer in relation to a particular model year, means all new motor vehicles that
(a) are of a prescribed class of motor vehicle,
(b) are, or are deemed by regulation to be, motor vehicles of the manufacturer for the model year, and
(c) are delivered by the manufacturer, or deemed by the regulations to have been delivered by the manufacturer, for sale or lease in British Columbia,
other than motor vehicles that are excluded from the vehicle fleet by regulation;
"ZEV" means a motor vehicle that is a full ZEV or a partial ZEV.
Part 2 — Vehicle Fleet Emissions Standards
2 A manufacturer must, in relation to each of the manufacturer's vehicle fleets for a model year,
(a) ensure that the fleet average GHG emissions of a vehicle fleet does not exceed the applicable fleet emissions standard, or
(b) if applicable, by the compliance deadline for the model year, apply credits in accordance with the regulations to match the amount by which the fleet average GHG emissions of the vehicle fleet exceed the applicable fleet emissions standard.
3 (1) By March 1 of the calendar year following the indicated year of a model year, a manufacturer must submit to the director a report, in accordance with the regulations, respecting the following:
(a) for each of the manufacturer's vehicle fleets for the model year,
(i) the fleet average GHG emissions of the vehicle fleet,
(ii) the accepted emissions value for each of the types of motor vehicles in the vehicle fleet,
(iii) if there are alternative fleet emission standards for the vehicle fleet that may be chosen at the option of the manufacturer, the standard that is to apply to that vehicle fleet, and
(iv) if applicable, the credits generated for the manufacturer from the vehicle fleet having fleet average GHG emissions that are lower than the applicable fleet emissions standard;
(b) transfers of credits to or from the manufacturer in the previous calendar year;
(c) for each of the manufacturer's vehicle fleets for the model year, the number of motor vehicles of each type for which an accepted emissions value is to be reported under paragraph (a) (ii);
(d) any other matter prescribed for the purposes of this Act.
(2) A manufacturer must submit a supplementary report to the director within the prescribed period after the manufacturer becomes aware that
(a) information in a previous report under this section did not completely and accurately disclose the information required to be included in the report, or
(b) information required to be reported in a previous report has changed.
(3) A supplementary report under this section must be made in accordance with the regulations or, if no specific direction is prescribed, in accordance with the regulations applicable to the report under subsection (1).
4 (1) On or before the compliance deadline for a model year, a manufacturer must submit to the director a report, in accordance with the regulations, respecting
(a) the manufacturer's compliance with section 2 [requirement for vehicle fleets to meet GHG emission standards], and
(b) any other matter prescribed for the purposes of this Act.
(2) A manufacturer must submit a supplementary report to the director within the prescribed period after the manufacturer becomes aware that
(a) information in a previous report under this section did not completely and accurately disclose the information required to be included in the report, or
(b) information required to be reported in a previous report has changed.
(3) A supplementary report under this section must be made in accordance with the regulations or, if no specific direction is prescribed, in accordance with the regulations applicable to the report under subsection (1).
Part 3 — Zero Emission Vehicles
5 If applicable under the regulations to a manufacturer, the manufacturer must
(a) meet the prescribed requirements respecting the inclusion of ZEVs in its vehicle fleets, or
(b) by the applicable compliance deadline, apply credits in accordance with the regulations to achieve equivalence with the prescribed requirements.
6 (1) If section 5 [ZEV requirements for vehicle fleets] applies in relation to a vehicle fleet, the manufacturer must submit to the director a report, in accordance with the regulations, respecting the following:
(a) the inclusion of ZEVs in the vehicle fleet;
(b) if applicable, the credits generated for the manufacturer from the vehicle fleet having more ZEVs than required;
(c) transfers of credits to or from the manufacturer;
(d) any other matter prescribed for the purposes of this Act.
(2) A manufacturer must submit a supplementary report to the director within the prescribed period after the manufacturer becomes aware that
(a) information in a previous report under this section did not completely and accurately disclose the information required to be included in the report, or
(b) information required to be reported in a previous report has changed.
(3) A supplementary report under this section must be made in accordance with the regulations or, if no specific direction is prescribed, in accordance with the regulations applicable to the report under subsection (1).
7 (1) Subject to the regulations, a manufacturer that is not subject to section 5, but delivers ZEVs for sale or lease in British Columbia, may submit a report under section 6 (1) and generate credits from those ZEVs that may be transferred or applied for the purposes of this Part.
(2) A manufacturer that submits a report under section 6 (1) for the purposes of this section is subject to the provisions of this Act in relation to reports required under that section.
8 (1) On or before the applicable compliance deadline, a manufacturer that is subject to the obligation under section 5 [ZEV requirements for vehicle fleets] must submit to the director a report, in accordance with the regulations, respecting the manufacturer's compliance with that section.
(2) A manufacturer must submit a supplementary report to the director within the prescribed period after the manufacturer becomes aware that
(a) information in a previous report under this section did not completely and accurately disclose the information required to be included in the report, or
(b) information required to be reported in a previous report has changed.
(3) A supplementary report under this section must be made in accordance with the regulations or, if no specific direction is prescribed, in accordance with the regulations applicable to the report under subsection (1).
Part 4 — Administrative Penalties
9 (1) If a report under section 4 [compliance reports in relation to fleet emission standards] indicates that, for the model year and vehicle fleet to which the report relates, the manufacturer has not complied with section 2 [requirement for vehicle fleets to meet GHG emission standards], the manufacturer is subject to the administrative penalty established by the regulations.
(2) The amount of an administrative penalty imposed by subsection (1) must be paid to the government on or before the compliance deadline for the applicable model year.
10 (1) If
(a) section 5 [ZEV requirements for vehicle fleets] applies to a manufacturer, and
(b) information provided by the manufacturer under section 8 [compliance reports in relation to ZEV requirements] indicates that the manufacturer has not complied with section 5 in relation to the relevant vehicle fleets,
the manufacturer is subject to the administrative penalty established by the regulations.
(2) The amount of an administrative penalty imposed by subsection (1) must be paid to the government on or before the date the applicable report under section 8 [compliance reports in relation to ZEV requirements] is due.
11 (1) The director must take action under subsection (2), in accordance with the regulations,
(a) if, on or after the compliance deadline in respect of a model year, the director is satisfied on a balance of probabilities that
(i) information respecting compliance with section 2 (a) or (b) [requirement for vehicle fleets to meet GHG emission standards] reported by a manufacturer under section 4 [compliance reports in relation to fleet emission standards] in relation to a vehicle fleet for the model year is not accurate, and
(ii) as a consequence, the manufacturer has not complied with section 2 in relation to the vehicle fleet for that model year, or
(b) if
(i) a manufacturer fails to submit a report in accordance with section 4 in relation to a vehicle fleet for a model year by the compliance deadline for the model year, and
(ii) the director is satisfied on a balance of probabilities that the manufacturer has not complied with section 2 in relation to the vehicle fleet for that model year.
(2) In the circumstances referred to in subsection (1), the director must serve the manufacturer with an administrative penalty notice,
(a) identifying the manufacturer's non-compliance as determined by the director, and
(b) requiring the manufacturer to pay the administrative penalty established by the regulations for the purposes of section 9 (1) [automatic administrative penalties: failure to meet fleet emissions standards].
(3) The director must take action under subsection (4), in accordance with the regulations,
(a) if, on or after the compliance deadline, the director is satisfied on a balance of probabilities that
(i) information respecting compliance with section 5 [ZEV requirements for vehicle fleets] reported by a manufacturer under section 8 [compliance reports in relation to ZEV requirements] is not accurate, and
(ii) as a consequence, the manufacturer has not complied with section 5 in relation to the relevant vehicle fleets, or
(b) if
(i) a manufacturer to which section 5 [ZEV requirements for vehicle fleets] applies fails to submit a report in accordance with section 8 [compliance reports in relation to ZEV requirements] in relation to the relevant vehicle fleets, and
(ii) the director is satisfied on a balance of probabilities that the manufacturer has not complied with section 5 in relation to those vehicle fleets.
(4) In the circumstances referred to in subsection (3), the director must serve the manufacturer with an administrative penalty notice,
(a) identifying the manufacturer's non-compliance as determined by the director, and
(b) requiring the manufacturer to pay the administrative penalty established by the regulations for the purposes of section 10 (1) [automatic administrative penalties: failure to meet ZEV requirements].
(5) A manufacturer served with an administrative penalty notice under this section is subject to an administrative penalty as follows:
(a) if the manufacturer admits, in writing, the non-compliance and its extent as determined by the director, the penalty indicated in the notice is imposed at the time of that admission;
(b) if the time for appealing the determination of non-compliance or its extent under section Part 5 [Appeals to Environmental Appeal Board] has elapsed and no appeal has been commenced, the penalty indicated in the notice is imposed at the end of the time for appealing;
(c) if the non-compliance or its extent as determined by the director is appealed and, under the final determination of the appeal, the manufacturer is subject to an administrative penalty, the penalty specified in the final determination is imposed at the time of that final determination.
(6) An administrative penalty under this section must be paid to the government within the prescribed time after the penalty is imposed and in accordance with any other prescribed requirements.
12 (1) The director may take action under this section, in accordance with the regulations, if the director is satisfied on a balance of probabilities that a person has contravened a prescribed provision of this Act or the regulations.
(2) In the circumstances referred to in subsection (1), the director may serve the person with an administrative penalty notice,
(a) identifying the person's non-compliance as determined by the director, and
(b) requiring the person to pay the administrative penalty specified in the notice.
(3) A person served with an administrative penalty notice under subsection (2) is subject to an administrative penalty as follows:
(a) if the person admits, in writing, the non-compliance and its extent as determined by the director, the penalty indicated in the notice is imposed at the time of that admission;
(b) if the time for appealing the determination of non-compliance or its extent under Part 5 [Appeals to Environmental Appeal Board] has elapsed and no appeal has been commenced, the penalty indicated in the notice is imposed at the end of the timing for appealing;
(c) if the non-compliance or its extent as determined by the director is appealed and, under the final determination of the appeal, the person is subject to an administrative penalty, the penalty specified in the final determination is imposed at the time of that final determination.
(4) An administrative penalty under this section must be paid to the government within the prescribed time after the penalty is imposed and in accordance with any other prescribed requirements.
13 (1) An administrative penalty may be recovered as a debt due to the government.
(2) If a person fails to pay an administrative penalty as required under this Act, the director may file a certificate in a court that has jurisdiction and, on filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.
(3) A certificate under subsection (2) may be in the prescribed form, must be signed by the director and must contain
(a) the name of the person who is liable for the penalty,
(b) particulars of the administrative penalty, and
(c) the amount of the penalty under subsection (1).
Part 5 — Appeals to Environmental Appeal Board
14 (1) For the purposes of this Part, "decision" means any of the following:
(a) the determination of non-compliance under section 11 [imposed administrative penalties: failure to meet standards or requirements] or of the extent of that non-compliance, as set out in an administrative penalty notice;
(b) the determination of non-compliance under section 12 [administrative penalties in relation to other matters], of the extent of that non-compliance or of the amount of the administrative penalty, as set out in an administrative penalty notice;
(c) a prescribed decision or a decision in a prescribed class.
(2) A person who is served with
(a) an administrative penalty notice under subsection (1) (a) or (b), or
(b) a document evidencing a decision referred to in subsection (1) (c)
may appeal the applicable decision to the appeal board.
(3) Subject to this Act, Division 1 of Part 8 [Appeals] of the Environmental Management Act applies in relation to appeals under this Act.
15 (1) A manufacturer that contravenes any of the following commits an offence:
(a) section 3 (1), (2) or (3) [model year reports in relation to fleet emissions];
(b) section 4 (1), (2) or (3) [compliance reports in relation to fleet emission standards];
(c) section 6 (1), (2) or (3) [vehicle fleet reports in relation to ZEV requirements];
(d) section 8 (1), (2) or (3) [compliance reports in relation to ZEV requirements].
(2) A person who does either of the following commits an offence:
(a) obstructs or resists the director or an inspector exercising powers or performing duties under this Act;
(b) fails to comply with a direction given or requirement imposed under this Act by the director or an inspector.
(3) A person convicted of an offence under subsection (1) or (2) is liable to a fine of not more than $1 000 000 or imprisonment for a term of not more than 6 months, or both.
(4) A person who contravenes section 23 (2) [confidentiality] commits an offence.
(5) A person convicted of an offence under subsection (4) is liable to a fine of not more than $200 000 or imprisonment for a term of not more than 6 months, or both.
16 (1) A person who knowingly provides false or misleading information when required under this Act to provide information commits an offence and is liable on conviction to a fine of not more than $1 000 000 or imprisonment for a term of not more than 6 months, or both.
(2) A person who provides false or misleading information when required under this Act to provide information, other than a person described in subsection (1), commits an offence and is liable on conviction to a fine of not more than $500 000 or imprisonment for a term of not more than 6 months, or both.
(3) A person is not guilty of an offence under subsection (2) if the person establishes that, at the time the information was provided, the person did not know that it was false or misleading and exercised reasonable care and diligence in providing the information.
17 If an offence under section 15 [offences against Act and corresponding penalties] continues for more than one day, separate fines, each not exceeding the maximum fine for the offence, may be imposed for each day the offence continues.
18 (1) If a corporation commits an offence under this Act, an officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits the offence.
(2) Subsection (1) applies whether or not the corporation is prosecuted for or convicted of the offence.
19 (1) A person may be prosecuted under this Act for a contravention or failure in relation to which an administrative penalty has been imposed.
(2) In imposing a sentence for an offence under this Act, the court may consider an administrative penalty imposed in relation to the same matter.
(3) An administrative penalty may not be imposed on a person for a contravention or failure in relation to which the person has been convicted of an offence under this Act.
20 (1) Section 5 of the Offence Act does not apply to this Act or the regulations.
(2) The time limit for laying an information for an offence under this Act is
(a) 3 years after the date that the facts on which the information is based arose, or
(b) if the minister completes a certificate described in subsection (3), 18 months after the date that the facts on which the information is based first came to the knowledge of the minister.
(3) A document purporting to have been issued by the minister, certifying the date on which the minister became aware of the facts on which the information is based, is proof of the certified facts.
21 (1) The director may
(a) require a report under this Act to be audited in accordance with the directions of the director, or conduct or authorize a person to conduct such an audit, and
(b) require a manufacturer to provide additional information in support of a report under this Act.
(2) The director may, in relation to an application by a manufacturer for
(a) the acceptance of a proposed emissions value as an accepted emissions value, or
(b) an approval,
require a manufacturer to provide information, in accordance with the directions of the director, in support of the application.
22 (1) Any notice under this Act may be given by registered mail sent to the last known address of the person.
(2) A notice or other thing that, under this Act, must be served on a person may be served by registered mail sent to the last known address of the person.
(3) If a notice or other thing under this Act is sent by registered mail to the last known address of the person, the notice or other thing is deemed to be served on the person to whom it is addressed on the 14th day after deposit with Canada Post unless the person received actual service before that day.
23 (1) In this section:
"protected information" means information that would reveal
(a) trade secrets of a third party, or
(b) commercial, financial, labour relations, scientific or technical information of or about a third party;
"third party" has the same meaning as in the Freedom of Information and Protection of Privacy Act;
"trade secret" has the same meaning as in the Freedom of Information and Protection of Privacy Act.
(2) Subject to this section, a person who has access to protected information that is in the custody or under the control of the government through
(a) reports required to be provided by a manufacturer under this Act or information provided by a manufacturer in relation to an application for the acceptance of a proposed emissions value as an accepted emissions value or for an approval, or
(b) the exercise of powers under section 30 [regulations in relation to inspections],
must not disclose the protected information to any other person.
(3) The prohibition in subsection (2) does not apply to disclosure of the following information:
(a) information that is publicly available;
(b) in relation to Part 2 [Vehicle Fleet Emissions Standards],
(i) information respecting the matters referred to in section 3 (1) (a) and (b) [model year reports in relation to fleet emissions] and, if prescribed, information referred to in section 3 (1) (c), and
(ii) information respecting matters referred to in section 4 (1) (a) [compliance reports in relation to fleet emission standards];
(c) in relation to Part 3 [Zero Emission Vehicles],
(i) information respecting the matters referred to in section 6 (1) [vehicle fleet reports in relation to ZEV requirements], other than prescribed information, and
(ii) information respecting matters referred to in section 8 (1) [compliance reports in relation to ZEV requirements], other than prescribed information;
(d) information that is required or authorized to be made public under this Act.
(4) The prohibition in subsection (2) does not apply to disclosure in the following circumstances:
(a) if required under Part 2 [Freedom of Information] of the Freedom of Information and Protection of Privacy Act;
(b) in the course of administering or enforcing this Act or a prescribed enactment;
(c) for the purpose of court proceedings;
(d) with the consent of the person, group of persons or organization that is the third party in relation to the protected information.
24 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting any other provision of this Act, the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing information that must or may be made public under this Act, other than information referred to in paragraph (a) of the definition of "protected information" in section 23 [confidentiality];
(b) establishing criteria that must be applied by the director in making decisions under this Act;
(c) defining words or expressions used but not defined in this Act;
(d) respecting any other matter for which regulations are contemplated by this Act.
(3) A regulation under this Act may do any or all of the following:
(a) delegate a matter to a person;
(b) confer a discretion on a person;
(c) make different regulations in relation to different classes of persons, things, circumstances or other matters;
(d) adopt by reference, in whole, in part or with any changes considered appropriate, a regulation, code, standard or rule
(i) enacted as or under a law of another jurisdiction, including a foreign jurisdiction, or
(ii) set by a provincial, national or international body or any other code, standard or rule making body,
as the regulation, code, standard or rule stands at a specific date, as it stands at the time of adoption or as amended from time to time.
25 Without limiting any other provision of this Act, the Lieutenant Governor in Council may make regulations as follows:
(a) establishing who is to be considered the manufacturer of a motor vehicle for the purposes of this Act, including, without limitation, deeming a person who is not the actual manufacturer to be the manufacturer for the purposes of this Act;
(b) respecting what is to be considered a model year in relation to a manufacturer and what motor vehicles are to be considered motor vehicles of a particular model year in relation to a manufacturer;
(c) exempting classes of manufacturers from the application of specified provisions of this Act.
26 (1) Without limiting any other provision of this Act, the Lieutenant Governor in Council may make regulations in relation to Part 2 as follows:
(a) establishing what is to be considered a vehicle fleet of a manufacturer in relation to a model year, including, without limitation,
(i) deeming motor vehicles to be, or not to be, part of a vehicle fleet in relation to a manufacturer, and
(ii) deeming motor vehicles to have been delivered by a manufacturer for sale or lease in British Columbia, including motor vehicles that are delivered in British Columbia for a purpose other than sale or lease;
(b) excluding classes of motor vehicles, including classes based on the expected use of the motor vehicles, from being included in a vehicle fleet;
(c) establishing fleet emissions standards for vehicle fleets, including, without limitation,
(i) establishing alternative standards for vehicle fleets, and
(ii) providing that the application of an alternative standard to a particular vehicle fleet is subject to approval;
(d) respecting determinations of the accepted emissions value of a type of motor vehicle;
(e) respecting the methodology by which fleet average GHG emissions are to be determined;
(f) establishing matters or circumstances in relation to which approval is required and establishing the process that applies in relation to an application for an approval;
(g) establishing a credit system for the purposes of the Part, including, without limitation, respecting
(i) the determination of the number and value of credits generated in relation to a vehicle fleet for a model year,
(ii) requirements, limits or conditions respecting the application of credits for the purposes of section 2 (b) [requirement for vehicle fleets to meet GHG emission standards],
(iii) the expiration of credits,
(iv) the reduction in value over time of credits that have not been applied for the purposes of section 2 (b),
(v) the transfer of credits between manufacturers, and
(vi) requirements, limits or conditions respecting the transfer of credits between manufacturers.
(2) Without limiting subsection (1) (d), a regulation under that provision may do any or all of the following:
(a) provide that the accepted emissions value of a type of motor vehicle is as determined under a specified law of another jurisdiction, including a foreign jurisdiction;
(b) provide that the accepted emissions value of a type of motor vehicle is to be as determined by a specified body in another jurisdiction, including a foreign jurisdiction;
(c) provide that the accepted emissions value of a type of motor vehicle is to be based on a determination described in paragraph (a) or (b), but subject to adjustments as prescribed;
(d) prescribe what is deemed to be the accepted emissions value of a particular type of motor vehicle;
(e) establish the methodologies to be applied for the purposes of determining the accepted emissions value of a type of motor vehicle;
(f) prescribe adjustment factors related to greenhouse gas emissions, including, without limitation, factors related to
(i) the type of fuel expected to be used by a motor vehicle,
(ii) the conditions or circumstances in which a motor vehicle is expected to be used, or
(iii) emissions from a motor vehicle related to air conditioning or other vehicle systems,
that are to be applied for the purposes of the determination of an accepted emissions value;
(g) authorize the director to accept a proposed emissions value for a type of motor vehicle on the basis that this type of motor vehicle is sufficiently equivalent to a second type of motor vehicle that, in the opinion of the director, the accepted emissions value of the second type of motor vehicle can appropriately apply as the accepted emissions value of the first type of motor vehicle;
(h) provide that adjustment factors approved by the director may be applied for the purpose of determining a proposed emissions value that may be accepted by the director as an accepted emissions value;
(i) require a manufacturer to submit an application to the director for confirmation that an emissions value is the accepted emissions value for a type of motor vehicle;
(j) establish the process for making applications, including, without limitation, prescribing requirements respecting the timing, form, content, supporting evidence, verification, certification and manner of submission of the applications.
27 Without limiting any other provision of this Act, the Lieutenant Governor in Council may make regulations in relation to Part 3 [Zero Emission Vehicles] as follows:
(a) establishing what is to be considered a vehicle fleet of a manufacturer in relation to a model year, including, without limitation,
(i) deeming motor vehicles to be, or not to be, part of a vehicle fleet in relation to a manufacturer, and
(ii) deeming motor vehicles to have been delivered by a manufacturer for sale or lease in British Columbia, including motor vehicles that are delivered in British Columbia for a purpose other than sale or lease;
(b) excluding classes of motor vehicles, including classes based on the expected use of the motor vehicles, from being included in a vehicle fleet;
(c) establishing requirements respecting the inclusion of ZEVs in vehicle fleets of one or more model years, including, without limitation,
(i) establishing a target for the inclusion of ZEVs in the vehicle fleets of the manufacturers that are subject to section 5 [ZEV requirements for vehicle fleets], expressed as full ZEVs, and providing how that target applies to determine the requirement applicable to a particular manufacturer,
(ii) providing for alternative compliance requirements, and
(iii) permitting partial ZEVs to contribute, in accordance with the regulations, towards meeting a ZEV requirement, including a requirement expressed as full ZEVs;
(d) respecting the requirements for a motor vehicle to be considered a full ZEV or a partial ZEV, including respecting different requirements for different types of partial ZEVs as established by regulation;
(e) respecting the methodology used to determine the emissions of a motor vehicle for the purpose of determining whether it is to be considered a full ZEV or a partial ZEV of a specific type, including, without limitation, by one or more of the following:
(i) prescribing methodologies for making that determination, including methodologies that take into account different emissions in different circumstances or operating conditions;
(ii) deeming what are to be considered the emissions of a motor vehicle, or of a motor vehicle in different circumstances or operating conditions;
(iii) providing that the determination is to be as determined by another authority, including an authority in another jurisdiction, including a foreign jurisdiction, subject to any prescribed adjustment;
(iv) providing that the determination is to be as determined and certified by a person who, or an organization that, is specified by regulation or meets the qualification requirements prescribed by regulation;
(v) prescribing adjustment factors, related to emissions of greenhouse gas or other prescribed substances, that are to be applied for the purposes of a determination;
(vi) providing that the application of a methodology or adjustment factor, or extent of the application of a methodology or adjustment factor, to a motor vehicle is subject to approval;
(f) establishing matters or circumstances in relation to which approval is required and establishing the process that applies in relation to an application for an approval;
(g) establishing a credit system for the purposes of the Part, including, without limitation, respecting
(i) the determination of the number, value and types of credits generated in relation to full ZEVs and different types of partial ZEVs being included in the relevant vehicle fleets,
(ii) requirements, limits or conditions respecting the application of credits for the purposes of section 5 (b) [ZEV requirements for vehicle fleets],
(iii) the expiration of credits,
(iv) the reduction in value over time of credits that have not been applied for the purposes of section 5 (b),
(v) the transfer of credits between manufacturers, and
(vi) requirements, limits or conditions respecting the transfer of credits between manufacturers;
(h) respecting the generation of credits under section 7 [other manufacturers may report and generate credits].
28 Without limiting any other provision of this Act, the Lieutenant Governor in Council may make regulations for the purposes of Part 4 [Administrative Penalties] as follows:
(a) prescribing the administrative penalties, or the manner of calculating the administrative penalties, for the purposes of
(i) section 9 (1) [automatic administrative penalties: failure to meet fleet emissions standards], or
(ii) section 10 (1) [automatic administrative penalties: failure to meet ZEV requirements];
(b) in relation to administrative penalties under section 11 [imposed administrative penalties: failure to meet standards or requirements] or 12 [administrative penalties in relation to other matters],
(i) prescribing a limitation period for imposing an administrative penalty and evidentiary matters in relation to that period, and
(ii) prescribing procedures to be applied by the director in making a determination of non-compliance;
(c) in relation to administrative penalties under section 12 [administrative penalties in relation to other matters],
(i) prescribing a maximum or minimum amount of an administrative penalty that may be imposed generally, or for specified contraventions, or the manner of calculating those amounts,
(ii) prescribing provisions of this Act and the regulations in relation to which an administrative penalty may be imposed,
(iii) authorizing administrative penalties to be imposed on a daily basis for continuing contraventions or failures,
(iv) prescribing matters that must be considered by the director in imposing the penalty in a particular case, and
(v) prescribing whether an administrative penalty notice must be cancelled if the person on whom it was served demonstrates to the satisfaction of the director that the person exercised due diligence to prevent the specified contravention or failure;
(d) establishing the required content of administrative penalty notices;
(e) establishing procedures for providing a person on whom an administrative penalty notice has been served with an opportunity to make representations, which may include opportunities that do not involve an oral hearing;
(f) respecting the time limit, manner and process for paying an administrative penalty;
(g) prescribing the consequences of failing to pay an administrative penalty which may include, but are not limited to, imposing additional administrative penalties;
(h) providing for the publication of information respecting the imposition of an administrative penalty.
29 (1) Without limiting any other provision of this Act, the Lieutenant Governor in Council may make regulations respecting appeals under Part 5, including, without limitation, regulations as follows:
(a) prescribing decisions or classes of decisions as being appealable under that Part;
(b) prescribing
(i) time limits and procedures in relation to appeals,
(ii) the powers of the appeal board in conducting, hearing and deciding appeals, and
(iii) whether an appeal operates as a stay in relation to a decision or a class of decision;
(c) exercising authority equivalent to that under section 105 of the Environmental Management Act or adopting regulations under that section.
(2) Regulations under subsection (1) may provide that specified provisions of the Environmental Management Act in relation to appeals apply in relation to appeals under this Act with the changes the Lieutenant Governor in Council considers necessary or advisable.
30 (1) Without limiting any other provision of this Act, the Lieutenant Governor in Council may make regulations respecting inspections for the purposes of ensuring compliance with this Act and the regulations, including, without limitation, regulations as follows:
(a) authorizing the director to designate persons or classes of persons as inspectors and issue identification to those inspectors;
(b) prescribing inspection and seizure powers, including, without limitation, and as is necessary for the purposes of inspection, the authority to
(i) require a manufacturer to provide one or more motor vehicles for testing,
(ii) inspect, analyze, measure, sample or test anything,
(iii) use or operate anything or require the use or operation of anything, under conditions specified by the inspector,
(iv) enter land or premises,
(v) take away samples,
(vi) make or take away copies of records, photographs or audio or video records,
(vii) take, with the inspector, other persons or equipment, and
(viii) require a person who is the subject of an inspection or who is or was a director, receiver, receiver manager, officer, employee, banker or agent of such a person to produce records for examination or copying or to provide information;
(c) requiring that an inspector exercising powers under this Act provide identification on request.
(2) Regulations under subsection (1) may provide that specified provisions of the Environmental Management Act in relation to inspections or seizures apply in relation to inspections or seizures under this Act with the changes the Lieutenant Governor in Council considers necessary or advisable.
31 Without limiting any other provision of this Act, the Lieutenant Governor in Council may make regulations as follows:
(a) respecting reports under this Act, including, without limitation, prescribing requirements respecting to whom the reports are to be submitted and the timing, form, content, supporting evidence, verification, certification and manner of submission of the reports;
(b) establishing requirements respecting the retention of records supporting reports and information required to be provided under this Act to the director or approving authority;
(c) establishing fees and charges that are to be paid in respect of any matter for which the government provides a service or performs a duty under this Act;
(d) prescribing for the contravention of a regulation a fine not exceeding $200 000;
(e) establishing an official or body as an approving authority for purposes of this Act or specified provisions of the Act and regulations, including an official or body that is in a foreign jurisdiction.
32 This Act comes into force by regulation of the Lieutenant Governor in Council.