Bill 17 – 2019: Environmental Management Amendment Act, 2019

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

SECTION 1: [Environmental Management Act, section 39]

replaces the definition of "site profile" with the definition of "site disclosure statement";
defines "specified industrial or commercial use";
amends the definition of "operator" consequential to amendments made by this Bill to the Act.

1 Section 39 (1) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended

(a) in the definition of "operator" by striking out "at a contaminated site" and substituting "at a site",

(b) by repealing the definition of "site profile" and substituting the following:

"site disclosure statement" means a site disclosure statement under section 40 [site disclosure statements]; , and

"specified industrial or commercial use" means a use of land for a prescribed industrial or commercial purpose or activity; .

SECTION 2: [Environmental Management Act, section 40]

removes the requirement that a person provide a site profile on making an application to a municipality for the removal of soil or for a demolition permit or development variance permit;
requires that a person provide a site disclosure statement on making an application to a municipality for a building permit;
clarifies that a site disclosure statement is required with an application for a development permit or building permit only if the activity is likely to disturb soil;
requires that an owner or operator provide a site disclosure statement on ceasing activities on land or decommissioning a site;
requires that an owner or operator provide a site disclosure statement on seeking protection for bankruptcy and insolvency;
repeals the requirement that permit holders under the Oil and Gas Activities Act provide site profiles to the Oil and Gas Commission;
repeals the requirement that a vendor of real property provide a site profile to the director;
requires that site disclosure statements be provided to the registrar instead of the director.

(1) A person must provide, in accordance with the regulations, a site disclosure statement to the following, as applicable, for land that the person knows or reasonably should know has been used for a specified industrial or commercial use:

(a) the approving officer, if the person applies for or otherwise seeks approval for subdivision of the land;

(b) the applicable municipality, if the person applies for or otherwise seeks approval for

(ii) a development permit, or a building permit, for an activity that will likely disturb soil on the land, or

(2) A person who is an owner or operator in relation to land that the person knows or reasonably should know has been used for a specified industrial or commercial use must provide to the registrar a site disclosure statement for that land if any of the following applies:

(b) the person files for protection under, or otherwise becomes subject to, the Companies' Creditors Arrangement Act (Canada);

(c) the person files a proposal, or a notice of intention to make a proposal, under Part III of the Bankruptcy and Insolvency Act (Canada).

(3) A permit holder under the Oil and Gas Activities Act who is required under subsection (2) to provide a site disclosure statement must provide a copy of the site disclosure statement to the commission.

(a) assess, in accordance with the regulations, a site disclosure statement received under subsection (1), and

(5) A municipality or an approving officer may require a person to pay a fee for an assessment under subsection (4) (a).

(6) A vendor of real property must provide, in accordance with the regulations, a site disclosure statement to a prospective purchaser of the real property if the vendor knows or reasonably should know that the real property has been used for a specified industrial or commercial use.

(a) who is a trustee, receiver or liquidator or who commences foreclosure proceedings, and

(b) who takes possession or control of real property for the benefit of one or more creditors

must, immediately on taking possession or control of the real property, provide to the registrar a site disclosure statement if the person knows or reasonably should know that the real property has been used for a specified industrial or commercial use. ,

(b) in subsections (8) and (9) by striking out "site profile" wherever it appears and substituting "site disclosure statement",

(c) in subsection (8) (b) by striking out "person referred to in subsections (1) to (7)" and substituting "person referred to in subsection (1), (2) or (7)", and

SECTION 3: [Environmental Management Act, section 40.1] requires that certain persons who are required to provide site disclosure statements undertake investigations and prepare and submit reports.

Investigations required with provision
of site disclosure statements

(a) to a person who is required to provide a site disclosure statement under section 40 (1), and

(b) in prescribed circumstances, to a person who is required to provide a site disclosure statement under section 40 (2), (7) or (8).

(2) Unless a director specifies otherwise, a person referred to in subsection (1) who is required to provide a site disclosure statement for land must, as required by the regulations, do the following in relation to that land:

(b) prepare and submit, to a director, reports on the investigations referred to in paragraph (a) of this subsection;

SECTION 4: [Environmental Management Act, sections 41, 43, 44, 47, 62, 63 and 120] is consequential to amendments made by this Bill to the Act.

4 Sections 41 (1), 43 (3) (b), 44 (2) (a), (b) (i) and (e) (i), 47 (3) (a), 62 (1) (g), 63 (1) (b) and 120 (17) (a) are amended by striking out "site profile" wherever it appears and substituting "site disclosure statement".

SECTION 5: [Environmental Management Act, sections 43, 57, 62 and 63] is consequential to amendments made by this Bill to the Act.

5 Sections 43 (2) (a), 57 (3), 62 (1) (b) and 63 (1) (b) are amended by striking out "site profiles" wherever it appears and substituting "site disclosure statements".

SECTION 6: [Environmental Management Act, section 43] is consequential to amendments made by this Bill to the Act.

(b) information respecting site disclosure statements that the registrar receives under section 40, and

SECTION 7: [Environmental Management Act, section 44] is consequential to amendments made by this Bill to the Act.

(ii) any municipality or approving officer that has received, assessed and forwarded to the registrar a site disclosure statement for the site to which the preliminary determination pertains, , and

(ii) any municipality or approving officer that has received, assessed and forwarded to the registrar a site disclosure statement for the site to which the final determination pertains, .

SECTION 8: [Environmental Management Act, section 48] is consequential to amendments made by this Bill to the Act.

8 Section 48 (10) is amended by striking out "a site profile under section 40 (7) [site profiles of trustee, receiver, etc.]" and substituting "a site disclosure statement under section 40 (7) [site disclosure statements of trustee, receiver, etc.]".

SECTION 9: [Environmental Management Act, section 62]

is consequential to amendments made by this Bill to the Act;
authorizes the Lieutenant Governor in Council to make regulations establishing when site disclosure statements must be provided as a result of an owner or operator ceasing operations on land or decommissioning a site.

(f.1) for the purposes of section 40 (2) (a), respecting the activities or level of activity that constitutes decommissioning a site or ceasing operations; , and

(b) in paragraph (g) by striking out "purposes or activities for the purposes of section 40 (6) (b) [site profiles] and".

SECTION 10: [Environmental Management Act, section 63] authorizes the Lieutenant Governor in Council to make regulations in relation to investigations and reports required under section 40.1 of the Act as added by this Bill.

(b.1) for the purposes of section 40.1 (1) (b), respecting the circumstances in which section 40.1 (2) applies to a person required to submit a site disclosure statement under section 40 (2), (7) or (8);

(b.2) for the purposes of section 40.1 (2) (a) and (b), respecting investigations that must be undertaken and reports that must be prepared and submitted, including, without limitation, requiring a person to undertake a site investigation and prepare a site investigation report;

(b.3) for the purposes of section 40.1 (2) (c), respecting information that must be provided under that section, including, without limitation, information respecting any past investigations of land; .

SECTION 11: [Environmental Management Act, heading to Part 9] is consequential to the restructuring by this Bill of Part 9 of the Act as Parts 9 and 9.1.

SECTION 12: [Environmental Management Act, heading to Division 1 of Part 9] is consequential to the restructuring by this Bill of Part 9 of the Act as Parts 9 and 9.1.

12 The heading to Division 1 of Part 9 is repealed and the following substituted:

SECTION 13: [Environmental Management Act, section 107] is consequential to the restructuring by this Bill of Part 9 of the Act as Parts 9 and 9.1.

SECTION 14: [Environmental Management Act, Division 2 of Part 9] is consequential to the restructuring by this Bill of Part 9 of the Act as Parts 9 and 9.1.

SECTION 15: [Environmental Management Act, sections 107.01 to 107.04]

is consequential to the restructuring by this Bill of Part 9 of the Act as Parts 9 and 9.1;
restricts the exigent circumstances in which conservation officers may conduct a warrantless search of a private residence.

Definition

107.01 In this Division, "designated enactment" means an enactment referred to in section 106 (5) (b).

Search warrant

107.02 (1) On information on oath that there are reasonable grounds to believe that an offence under a designated enactment has occurred or is occurring, a justice, on being satisfied that an entry and a search are likely to provide evidence of such an offence, may issue a warrant authorizing a conservation officer

(b) to seize and remove anything that the conservation officer has reasonable grounds for believing is evidence of an offence, and

(2) A conservation officer who enters on property in accordance with a warrant issued under subsection (1) may bring persons and equipment that may be necessary for the purpose of the warrant.

Warrantless search in exigent circumstances

(2) If the conditions necessary for obtaining a warrant under section 107.02 exist but the delay necessary to obtain the warrant would result in a danger to human life or safety, a member of the Conservation Officer Service may, without a warrant,

(a) search real or personal property, including premises or a part of premises occupied solely as a private residence, and

(b) seize and remove anything that the member has reasonable or probable grounds for believing may provide evidence of the commission of an offence under a designated enactment.

(3) If the conditions necessary for obtaining a warrant under section 107.02 exist but the delay necessary to obtain the warrant would result in the loss or destruction of evidence, a member of the Conservation Officer Service may, without a warrant,

(a) search real or personal property, except premises or a part of premises occupied solely as a private residence, and

(b) seize and remove anything that the member has reasonable or probable grounds for believing may provide evidence of the commission of an offence under a designated enactment.

Inspection of records and warrant to seize records

107.04 (1) A person required by a designated enactment to keep records must submit the records to a conservation officer for inspection on request.

(2) If a person refuses to submit records for inspection as required under this section, a justice, on being satisfied that an inspection of the records is necessary for the administration of the enactment that requires them to be kept, may issue a warrant authorizing a conservation officer to enter property specified in the warrant and to seize the records.

(3) A conservation officer who enters on property in accordance with a warrant issued under subsection (2) may bring persons and equipment that may be necessary for the purpose of the warrant.

SECTION 16: [Environmental Management Act, section 107.1]

is consequential to the restructuring by this Bill of Part 9 of the Act as Parts 9 and 9.1;
removes an unnecessary cross-reference.

(a) in subsection (1) by striking out "section 107 (2) of this Act" and substituting "section 107.02 of this Act" and by striking out "section 107 (2) or (8) or 112 (1) of this Act" and substituting "section 107.02 or 107.03 (2) of this Act", and

(b) in subsection (3) by striking out "section 107 (2) or (8) or in an inspection under an enactment referred to in section 106 (5) (b)" and substituting "section 107.02 or 107.03 (2) or in an inspection under a designated enactment".

SECTION 17: [Environmental Management Act, sections 107.2 and 107.3] incorporates provisions of the Criminal Code (Canada) for the purposes of the enforcement by conservation officers of provincial enactments.

Application of Criminal Code – demands and orders

107.2 (1) Section 487.012 [preservation demand] of the Criminal Code (Canada) applies for the purposes of the enforcement of a designated enactment and is to be read as authorizing a conservation officer to make a demand.

(2) The following provisions of the Criminal Code (Canada) apply for the purposes of the enforcement of a designated enactment and are to be read as authorizing the issuance of an order on application by a conservation officer:

(3) The following provisions of the Criminal Code (Canada) apply, so far as applicable, in relation to a demand under subsection (1):

(c) section 487.0195 [no civil or criminal liability], except that subsection (2) applies only as it relates to civil liability.

(4) The following provisions of the Criminal Code (Canada) apply, so far as applicable, in relation to an order under subsection (2):

(a) section 487.019 [conditions in preservation and production orders], except section 487.019 (2);

(f) section 487.0195 [no civil or criminal liability], except that subsection (2) applies only as it relates to civil liability;

(5) Section 487.02 [assistance order] of the Criminal Code (Canada) applies in relation to a warrant or authorization under section 107.02 (1), 107.04 (2) or 107.3 (1), (3) or (5) of this Act and is to be read as authorizing the issuance of an order on application by a conservation officer.

(6) Section 487.3 [order denying access to information] of the Criminal Code (Canada) applies in relation to a warrant under section 107.02 (1) or 107.3 (1) or (3) of this Act and an order under subsection (2) of this section and is to be read as authorizing the issuance of an order on application by a conservation officer.

Application of Criminal Code – warrants and authorizations

107.3 (1) Section 487.01 [general warrant] of the Criminal Code (Canada) applies for the purposes of the enforcement of a designated enactment and is to be read

(a) as authorizing the issuance of a warrant conferring authority on a conservation officer, and

(b) as referring in section 487.01 (5) to the following provisions of the Criminal Code (Canada):

(v) section 188.2 [no civil or criminal liability], as it relates to civil liability;

(2) The following provisions of the Criminal Code (Canada) apply in relation to a warrant under subsection (1):

(3) The following provisions of the Criminal Code (Canada) apply for the purposes of the enforcement of a designated enactment and are to be read as authorizing the issuance of a warrant conferring authority on a conservation officer:

(4) Section 487.11 [where warrant not necessary] of the Criminal Code (Canada), as it relates to section 492.1, applies for the purposes of the enforcement of a designated enactment and is to be read as referring to a conservation officer.

(5) Section 184.2 [authorization to intercept communications with consent] of the Criminal Code (Canada) applies for the purposes of the enforcement of a designated enactment and is to be read

(a) as authorizing the issuance of an authorization on application by a conservation officer, and

(i) a warrant under section 107.02 (1) of this Act or subsection (1) or (3) (b) or (c) of this section, and

(6) The following provisions of the Criminal Code (Canada) apply in relation to an authorization under subsection (5):

(d) section 188.2 [no civil or criminal liability], as it relates to civil liability;

SECTION 18: [Environmental Management Act, section 108] repeals a power to enter onto land.

SECTION 19: [Environmental Management Act, Division 3 of Part 9] is consequential to the restructuring by this Bill of Part 9 of the Act as Parts 9 and 9.1.

Regulations for purposes of Part 9

108.2 (1) Without limiting section 138 (1) [general authority to make regulations], the Lieutenant Governor in Council may make regulations prescribing, with the prior approval of the minister responsible for the administration of the Police Act,

(a) officials and enactments for the purposes of section 107 (1) (a) (ii) [powers and duties of conservation officers], and

(2) Section 139 [regulations – general rules] applies for the purpose of making regulations under this section.

SECTION 20: [Environmental Management Act, Part 9.1] is consequential to the restructuring by this Bill of Part 9 of the Act as Parts 9 and 9.1.

SECTION 21: [Environmental Management Act, Divisions 2 to 4 of Part 9.1] is consequential to the restructuring by this Bill of Part 9 of the Act as Parts 9 and 9.1.

SECTION 22: [Environmental Management Act, section 109] harmonizes wording used to refer to private residences.

(a) in subsection (2) by striking out "premises used as a private residence" and substituting "premises or a part of premises occupied solely as a private residence", and

(b) in subsection (3) by striking out "premises or a part of premises, used solely as a private residence," and substituting "premises or a part of premises occupied solely as a private residence".

SECTION 23: [Environmental Management Act, section 110] harmonizes wording used to refer to private residences.

23 Section 110 is amended by striking out "except a private residence" and substituting "except premises or a part of premises occupied solely as a private residence".

SECTION 24: [Environmental Management Act, heading to Division 5 of Part 9.1] is consequential to the restructuring by this Bill of Part 9 of the Act as Parts 9 and 9.1.

24 The heading to Division 5 of Part 9.1 is repealed and the following substituted:

SECTION 25: [Environmental Management Act, section 119] is consequential to the restructuring by this Bill of Part 9 of the Act as Parts 9 and 9.1.

SECTION 26: [Environmental Management Act, section 120] establishes that it is an offence to contravene section 40.1 of the Act as added by this Bill.

Transitional Provisions

SECTION 27: [Environmental Management Act transition – site profiles for applications made before effective date]

clarifies how site profiles for existing applications for subdivision, zoning or development permits are to be assessed and forwarded under the Environmental Management Act by municipalities and approving officers, as applicable;
clarifies that a vendor who has provided a site profile to a prospective purchaser does not need to provide a site disclosure statement.

Environmental Management Act transition –
site profile requirements

"effective date" means the date on which section 2 of this Act comes into force;

"existing municipal application" means an application for any of the following referred to in section 40 (1) (b) of the Environmental Management Act, as it read immediately before the effective date, that was made before the effective date:

"existing subdivision application" means an application referred to in section 40 (1) (a) of the Environmental Management Act, as it read immediately before the effective date, that was made before the effective date;

"site profile" means a site profile required under section 40 (1) of the Environmental Management Act, as it read immediately before the effective date, in relation to an existing subdivision application or existing municipal application.

(2) Despite the repeal and replacement of section 40 (1) and (4) of the Environmental Management Act by section 2 of this Act, section 40 (1) and (4) of the Environmental Management Act, as it read immediately before the effective date, continues to apply to a site profile required in relation to an existing subdivision application or existing municipal application.

(3) For certainty, a person required under section 40 (6) of the Environmental Management Act to provide to a prospective purchaser a site disclosure statement for land satisfies the requirement if, before the effective date, the person provided to the prospective purchaser a site profile for the land in accordance with that section, as it read immediately before the effective date.

(4) The Lieutenant Governor in Council may make regulations respecting site profiles required in relation to existing subdivision applications or existing municipal applications, including but not limited to how those site profiles must be assessed and forwarded by municipalities or approving officers, as applicable.

SECTION 28: [Islands Trust Act transition – applications made before effective date] clarifies that section 34.1 of the Islands Trust Act, as it reads before being repealed and replaced by this Bill, will continue to apply for the purposes of zoning and development permit applications made before the amendments made by this Bill come into force.

Islands Trust Act transition – site profiles
required in relation to existing applications

"effective date" means the date on which section 40 of this Act comes into force;

"existing application" means an application for one or more of the following referred to in section 34.1 (1) of the Islands Trust Act, as it read immediately before the effective date, that was made before the effective date:

(2) Despite the repeal and replacement of section 34.1 of the Islands Trust Act by section 40 of this Act, section 34.1 of the Islands Trust Act, as it read immediately before the effective date, continues to apply to an existing application.

SECTION 29: [Land Title Act transition – applications made before effective date] clarifies that section 85.1 of the Land Title Act, as it reads before being repealed and replaced by this Bill, will continue to apply for the purposes of subdivision applications made before the amendments made by this Bill come into force.

Land Title Act transition – site profile
required in relation to existing applications

"effective date" means the date on which section 42 of this Act comes into force;

"existing application" means an application for subdivision referred to in section 85.1 (1) of the Land Title Act, as it read immediately before the effective date, that was made before the effective date.

(2) Despite the repeal and replacement of section 85.1 of the Land Title Act by section 42 of this Act, section 85.1 of the Land Title Act, as it read immediately before the effective date, continues to apply to an existing application.

SECTION 30: [Local Government Act transition – applications made before effective date] clarifies that section 557 of the Local Government Act, as it reads before being repealed and replaced by this Bill, will continue to apply for the purposes of zoning and development permit applications made before the amendments made by this Bill come into force.

Local Government Act transition – site profiles
required in relation to existing applications

"effective date" means the date on which section 44 of this Act comes into force;

"existing application" means an application for one or both of the following referred to in section 557 (1) of the Local Government Act, as it read immediately before the effective date, that was made before the effective date:

(2) Despite the repeal and replacement of section 557 of the Local Government Act by section 44 of this Act, section 557 of the Local Government Act, as it read immediately before the effective date, continues to apply to an existing application.

SECTION 31: [Vancouver Charter transition – applications made before effective date] clarifies that section 571B of the Vancouver Charter, as it reads before being repealed and replaced by this Bill, will continue to apply for the purposes of zoning and development permit applications made before this Bill comes into effect.

Vancouver Charter transition – site profiles
required in relation to existing applications

"effective date" means the date on which section 48 of this Act comes into force;

"existing application" means an application for one or both of the following referred to in section 571B (1) of the Vancouver Charter, as it read immediately before the effective date, that was made before the effective date:

(2) Despite the repeal and replacement of section 571B of the Vancouver Charter by section 48 of this Act, section 571B of the Vancouver Charter, as it read immediately before the effective date, continues to apply to an existing application.

Consequential Amendments

SECTION 32: [Environmental Management Amendment Act, 2004, sections 4, 13, 21 and 24] is consequential to amendments made by this Bill to the Environmental Management Act.

32 Sections 4, 13, 21 and 24 of the Environmental Management Amendment Act, 2004, S.B.C. 2004, c. 18, are repealed.

SECTION 33: [Environmental Management Amendment Act, 2004, section 6] is consequential to amendments made by this Bill to the Environmental Management Act.

33 Section 6, as it enacts section 44 (2) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended by striking out "site profile" and substituting "site disclosure statement".

SECTION 34: [Environmental Management Amendment Act, 2004, section 7] is consequential to amendments made by this Bill to the Environmental Management Act.

34 Section 7 is amended by striking out "site profile" wherever it appears and substituting "site disclosure statement".

SECTION 35: [Environmental Management Amendment Act, 2004, section 16] is consequential to amendments made by this Bill to the Environmental Management Act.

35 Section 16 (c) is amended by striking out "site profiles" and substituting "site disclosure statements".

SECTION 36: [Environmental Management Amendment Act, 2004, section 19] is consequential to amendments made by this Bill to section 34.1 of the Islands Trust Act.

19 Section 34.1 (2) (b) (ii) of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by striking out "final".

SECTION 37: [Environmental Management Amendment Act, 2004, section 20] is consequential to amendments made by this Bill to section 85.1 of the Land Title Act.

20 Section 85.1 (2) (b) (ii) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by striking out "final".

SECTION 38: [Environmental Management Amendment Act, 2004, section 22] is consequential to amendments made by this Bill to section 557 of the Local Government Act.

22 Section 557 (2) (b) (ii) of the Local Government Act, R.S.B.C. 2015, c. 1, is amended by striking out "final".

SECTION 39: [Environmental Management Amendment Act, 2004, section 25] is consequential to amendments made by this Bill to section 571B of the Vancouver Charter.

25 Section 571B (2) (b) (ii) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by striking out "final".

SECTION 40: [Islands Trust Act, section 34.1]

is consequential to amendments made by this Bill to section 40 of the Environmental Management Act;
establishes an exception to the restriction on approving zoning applications.

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

Environmental Management Act requirements must be met

"registrar" has the same meaning as in section 39 of the Environmental Management Act;

"site disclosure statement" has the same meaning as in section 39 of the Environmental Management Act;

"specified building permit application" means an application for a building permit for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act;

"specified development permit application" means an application for a development permit for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act;

"specified zoning application" means an application for zoning or rezoning, including an application for a siting and use permit, for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act.

(2) A local trust committee must not approve a specified zoning application, specified development permit application or specified building permit application with respect to a site, unless both of the following are satisfied:

(i) received the site disclosure statement required under section 40 (1) (b) of the Environmental Management Act for the application, and

(ii) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar;

(i) notice from a director that an investigation of the site is not required under section 40.1 (2) [investigations required with provision of site disclosure statement] or 41 [site investigations] of the Environmental Management Act;

(ii) a final determination under section 44 [determination of contaminated sites] of the Environmental Management Act that the site is not a contaminated site;

(iii) notice from a director that the local trust committee may approve the application because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;

(iv) notice from a director that the director has received a remediation plan supporting independent remediation of the site;

(v) notice from a director that the director has entered into a voluntary remediation agreement with respect to the site;

(vi) 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.

(a) makes a specified zoning application for a proposed development at a site, and

(b) makes one or both of the following applications for the same proposed development at the same site:

(4) Despite subsection (2) and in the circumstances referred to in subsection (3), a local trust committee may approve the specified zoning application if the local trust committee has

(a) received the site disclosure statement required under section 40 (1) (b) of the Environmental Management Act for the specified development permit application or specified building permit application, as applicable, and

(b) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar.

SECTION 41: [Land Title Act, section 85] clarifies that the section is subject to section 85.1 of the Act.

41 Section 85 (1) of the Land Title Act, R.S.B.C. 1996, c. 250, is amended by striking out "A subdivision plan must" and substituting "Subject to section 85.1, a subdivision plan must".

SECTION 42: [Land Title Act, section 85.1]

is consequential to amendments made by this Bill to section 40 of the Environmental Management Act;
establishes an exception to the restriction on approving applications for subdivision.

Environmental Management Act requirements must be met

"registrar" has the same meaning as in section 39 of the Environmental Management Act;

"site disclosure statement" has the same meaning as in section 39 of the Environmental Management Act;

"specified subdivision application" means an application for subdivision for which a site disclosure statement must be provided under section 40 (1) (a) of the Environmental Management Act;

"specified zoning application" means an application for zoning for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act.

(2) An approving officer must not approve a specified subdivision application with respect to a site, unless both of the following are satisfied:

(i) received the site disclosure statement required under section 40 (1) (a) of the Environmental Management Act for the application, and

(ii) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar;

(ii) a final determination under section 44 [determination of contaminated sites] of the Environmental Management Act that the site is not a contaminated site;

(iii) notice from a director that the approving officer may approve the application because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;

(iv) notice from a director that the director has received a remediation plan supporting independent remediation of the site;

(v) notice from a director that the director has entered into a voluntary remediation agreement with respect to the site;

(3) Despite subsection (2), an approving officer may approve a specified subdivision application for a proposed development at a site if

(a) the person who made the application makes one or more of the following applications, for the same proposed development at the same site, to the applicable municipality, regional district or local trust committee under the Islands Trust Act:

(i) received the site disclosure statement required under section 40 (1) (b) of the Environmental Management Act for the specified zoning application, specified development permit application or specified building permit application, as applicable, and

(ii) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar.

SECTION 43: [Local Government Act, section 556] repeals a redundant provision.

SECTION 44: [Local Government Act, section 557]

is consequential to amendments made by this Bill to section 40 of the Environmental Management Act;
establishes an exception to the restriction on approving zoning applications.

Environmental Management Act requirements

"registrar" has the same meaning as in section 39 of the Environmental Management Act;

"site disclosure statement" has the same meaning as in section 39 of the Environmental Management Act;

"specified zoning application" means an application for zoning for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act.

(2) A municipality or regional district must not approve a specified zoning application, specified development permit application or specified building permit application with respect to a site, unless both of the following are satisfied:

(i) received the site disclosure statement required under section 40 (1) (b) of the Environmental Management Act for the application, and

(ii) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar;

(ii) a final determination under section 44 [determination of contaminated sites] of the Environmental Management Act that the site is not a contaminated site;

(iii) notice from a director that the municipality or regional district may approve the application because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;

(iv) notice from a director that the director has received a remediation plan supporting independent remediation of the site;

(v) notice from a director that the director has entered into a voluntary remediation agreement with respect to the site;

(a) makes a specified zoning application for a proposed development at a site, and

(b) makes one or both of the following applications for the same proposed development at the same site:

(4) Despite subsection (2) and in the circumstances referred to in subsection (3), a municipality or regional district may approve the specified zoning application if the municipality or regional district has

(b) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar.

SECTION 45: [Oil and Gas Activities Act, section 41] is consequential to the repeal by this Bill of section 43 of the Act.

45 Section 41 (2) of the Oil and Gas Activities Act, S.B.C. 2008, c. 36, is amended by striking out ", subject to section 43," after "the commission".

SECTION 46: [Oil and Gas Activities Act, section 43] is consequential to amendments made by this Bill to section 40 of the Environmental Management Act.

SECTION 47: [Property Law Act, sections 40] is consequential to amendments made by this Bill to the Environmental Management Act.

47 Section 40 of the Property Law Act, R.S.B.C. 1996, c. 377, is amended by striking out "site profile" and substituting "site disclosure statement".

SECTION 48: [Vancouver Charter, section 571B]

is consequential to amendments made by this Bill to section 40 of the Environmental Management Act;
establishes an exception to the restriction on approving zoning applications.

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

Environmental Management Act requirements must be met

"registrar" has the same meaning as in section 39 of the Environmental Management Act;

"site disclosure statement" has the same meaning as in section 39 of the Environmental Management Act;

"specified zoning application" means an application for zoning for which a site disclosure statement must be provided under section 40 (1) (b) of the Environmental Management Act.

(2) The Council or its delegate must not approve a specified zoning application, specified development permit application or specified building permit application with respect to a site, unless both of the following are satisfied:

(i) received the site disclosure statement required under section 40 (1) (b) of the Environmental Management Act for the application, and

(ii) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar;

(ii) a final determination under section 44 [determination of contaminated sites] of the Environmental Management Act that the site is not a contaminated site;

(iii) notice from a director that the Council or its delegate may approve the application because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;

(iv) notice from a director that the director has received a remediation plan supporting independent remediation of the site;

(v) notice from a director that the director has entered into a voluntary remediation agreement with respect to the site;

(a) makes a specified zoning permit application for a proposed development at a site, and

(b) makes one or both of the following applications for the same proposed development at the same site:

(4) Despite subsection (2) and in the circumstances referred to in subsection (3), the Council or its delegate may approve the specified zoning application if the Council or its delegate has

(b) in accordance with section 40 (4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar.

Commencement

49 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Notes