The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 15th day of May, 2019
Kate Ryan-Lloyd, Acting Clerk of the House
HONOURABLE GEORGE HEYMAN
MINISTER OF ENVIRONMENT
AND CLIMATE CHANGE STRATEGY
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
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
(c) by adding the following definition:
"specified industrial or commercial use" means a use of land for a prescribed industrial or commercial purpose or activity; .
2 Section 40 is amended
(a) by repealing subsections (1) to (7) and substituting the following:
(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
(i) zoning of the land,
(ii) a development permit, or a building permit, for an activity that will likely disturb soil on the land, or
(iii) a prescribed activity on the land.
(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:
(a) the person, to the extent provided in the regulations,
(i) decommissions a site on the land, or
(ii) ceases operations on the land;
(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.
(4) A municipality or an approving officer, as applicable, must
(a) assess, in accordance with the regulations, a site disclosure statement received under subsection (1), and
(b) forward a copy of the site disclosure statement to the registrar.
(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.
(7) A person
(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
(d) by repealing subsection (10).
3 The following section is added:
40.1 (1) This section applies
(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:
(a) undertake investigations;
(b) prepare and submit, to a director, reports on the investigations referred to in paragraph (a) of this subsection;
(c) provide to a director other prescribed information.
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".
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".
6 Section 43 (4) is repealed and the following substituted:
(4) The registrar must enter by notation into the site registry
(a) information referred to in subsections (2) and (3),
(b) information respecting site disclosure statements that the registrar receives under section 40, and
(c) decisions of the appeal board.
7 Section 44 (2) is amended
(a) by repealing paragraph (b) (ii) and substituting the following:
(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
(b) by repealing paragraph (e) (ii) and substituting the following:
(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, .
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.]".
9 Section 62 (1) is amended
(a) by adding the following paragraph:
(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".
10 Section 63 (1) is amended by adding the following paragraphs:
(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; .
11 The heading to Part 9 is repealed and the following substituted:
Part 9 – Conservation Officer Service .
12 The heading to Division 1 of Part 9 is repealed and the following substituted:
Division 1 – Conservation Officer Service .
13 Section 107 (2) to (5), (8) and (9) is repealed.
14 The following heading is added after section 107:
Division 2 – General Enforcement Tools .
15 The following sections are added to Division 2 of Part 9:
107.01 In this Division, "designated enactment" means an enactment referred to in section 106 (5) (b).
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
(a) to enter and search the real or personal property specified in the warrant,
(b) to seize and remove anything that the conservation officer has reasonable grounds for believing is evidence of an offence, and
(c) to take other actions as the justice considers appropriate in the circumstances and authorizes in the warrant.
(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.
107.03 (1) This section applies despite section 107.02.
(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.
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.
16 Section 107.1 is amended
(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".
17 The following sections are added:
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:
(a) section 487.013 [preservation order – computer data];
(b) section 487.014 [general production order];
(c) section 487.015 [production order to trace specified communication];
(d) section 487.016 [production order – transmission data];
(e) section 487.017 [production order – tracking data];
(f) section 487.018 [production order – financial data].
(3) The following provisions of the Criminal Code (Canada) apply, so far as applicable, in relation to a demand under subsection (1):
(a) section 487.0191 [order prohibiting disclosure];
(b) section 487.0194 [destruction of preserved computer data and documents];
(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);
(b) section 487.0191 [order prohibiting disclosure];
(c) section 487.0192 [particulars – production orders];
(d) section 487.0193 [application for review of production order];
(e) section 487.0194 [destruction of preserved computer data and documents];
(f) section 487.0195 [no civil or criminal liability], except that subsection (2) applies only as it relates to civil liability;
(g) section 487.0196 [self-incrimination].
(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.
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):
(i) section 183.1 [consent to interception];
(ii) section 184.2 [authorization to intercept communications with consent];
(iii) section 184.3 [application by means of telecommunication];
(iv) section 187 [manner in which application to be kept secret];
(v) section 188.2 [no civil or criminal liability], as it relates to civil liability;
(vi) section 189 (5) [notice of intention to produce evidence];
(vii) section 190 [further particulars].
(2) The following provisions of the Criminal Code (Canada) apply in relation to a warrant under subsection (1):
(a) section 489.1 [restitution of property or report by peace officer];
(b) section 490 [detention of things seized];
(c) section 490.01 [perishable things].
(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:
(a) section 487.092 [impression warrant];
(b) section 492.1 [warrant for tracking device];
(c) section 492.2 [warrant for transmission data recorder].
(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
(b) as referring in section 184.2 (5) to
(i) a warrant under section 107.02 (1) of this Act or subsection (1) or (3) (b) or (c) of this section, and
(ii) an order under section 107.2 (2) (b) to (f) of this Act.
(6) The following provisions of the Criminal Code (Canada) apply in relation to an authorization under subsection (5):
(a) section 183.1 [consent to interception];
(b) section 184.3 [application by means of telecommunication];
(c) section 187 [manner in which application to be kept secret];
(d) section 188.2 [no civil or criminal liability], as it relates to civil liability;
(e) section 189 [notice of intention to produce evidence];
(f) section 190 [further particulars].
18 Section 108 is repealed.
19 The following Division is added after section 108.1:
Division 3 – Regulations for 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
(b) enactments for the purposes of section 107 (1) (b).
(2) Section 139 [regulations – general rules] applies for the purpose of making regulations under this section.
20 The following heading is added after section 108.2:
Part 9.1 – Compliance .
21 Divisions 2 to 4 of Part 9.1 are renumbered as Divisions 1 to 3.
22 Section 109 is amended
(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".
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".
24 The heading to Division 5 of Part 9.1 is repealed and the following substituted:
Division 4 – Regulations for Part 9.1 .
25 Section 119 (1) (c) is repealed.
26 Section 120 (17) is amended by adding the following paragraph:
(a.1) contravenes section 40.1 (2), .
27 (1) In this section:
"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:
(a) zoning;
(b) a development permit;
(c) an activity prescribed for the purposes of section 40 (1) (b) (v);
"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.
28 (1) In this section:
"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:
(a) zoning and rezoning, including siting and use permits;
(b) development permits.
(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.
29 (1) In this section:
"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.
30 (1) In this section:
"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:
(a) zoning;
(b) a development permit.
(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.
31 (1) In this section:
"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:
(a) zoning;
(b) development permits.
(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.
Environmental Management Amendment Act, 2004
32 Sections 4, 13, 21 and 24 of the Environmental Management Amendment Act, 2004, S.B.C. 2004, c. 18, are repealed.
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".
34 Section 7 is amended by striking out "site profile" wherever it appears and substituting "site disclosure statement".
35 Section 16 (c) is amended by striking out "site profiles" and substituting "site disclosure statements".
36 Section 19 is repealed and the following substituted:
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".
37 Section 20 is repealed and the following substituted:
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".
38 Section 22 is repealed and the following substituted:
22 Section 557 (2) (b) (ii) of the Local Government Act, R.S.B.C. 2015, c. 1, is amended by striking out "final".
39 Section 25 is repealed and the following substituted:
25 Section 571B (2) (b) (ii) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by striking out "final".
Islands Trust Act
40 Section 34.1 of the Islands Trust Act, R.S.B.C. 1996, c. 239, is repealed and the following substituted:
34.1 (1) In this section:
"director" has the same meaning as in the Environmental Management Act;
"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:
(a) the local trust committee has
(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;
(b) the local trust committee has received one of the following:
(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.
(3) Subsection (4) applies if a person
(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:
(i) a specified development permit application;
(ii) a specified building permit application.
(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.
Land Title 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".
42 Section 85.1 is repealed and the following substituted:
85.1 (1) In this section:
"director" has the same meaning as in the Environmental Management Act;
"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 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:
(a) the approving officer has
(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;
(b) the approving officer has received one of the following:
(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 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;
(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.
(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) a specified zoning application;
(ii) a specified development permit application;
(iii) a specified building permit application, and
(b) the municipality, regional district or local trust committee has
(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.
Local Government Act
43 Section 556 of the Local Government Act, R.S.B.C. 2015, c. 1, is repealed.
44 Section 557 is repealed and the following substituted:
557 (1) In this section:
"director" has the same meaning as in the Environmental Management Act;
"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 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:
(a) the municipality or regional district has
(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;
(b) the municipality or regional district has received one of the following:
(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 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;
(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.
(3) Subsection (4) applies if a person
(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:
(i) a specified development application;
(ii) a specified building permit application.
(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
(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.
Oil and Gas Activities 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".
46 Section 43 is repealed.
Property Law 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".
Vancouver Charter
48 Section 571B of the Vancouver Charter, S.B.C. 1953, c. 55, is repealed and the following substituted:
571B (1) In this section:
"director" has the same meaning as in the Environmental Management Act;
"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 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:
(a) the Council or its delegate has
(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;
(b) the Council or its delegate has received one of the following:
(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 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;
(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.
(3) Subsection (4) applies if a person
(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:
(i) a specified development permit application;
(ii) a specified building permit application.
(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
(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.
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:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | The date of Royal Assent |
| 2 | Sections 1 to 10 | By regulation of the Lieutenant Governor in Council |
| 3 | Sections 26 to 48 | By regulation of the Lieutenant Governor in Council |