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B.C. Reg. 301/90
M188/90
Deposited August 31, 1990
This consolidation is current to December 5, 2017.
Link to Point in Time

Environmental Management Act

Environmental Data Quality
Assurance Regulation

[includes amendments up to B.C. Reg. 19/2017, January 31, 2017]

Contents
1Interpretation
2Sampling, analytical, quality control and reporting procedures
3Repealed
4Cost recovery
5Proficiency testing results
6Repealed

Interpretation

1  In this regulation:

"air audit" means an ambient particulate monitor audit or a gas analyzer audit (stack and ambient) performed by an employee of the minister's ministry on monitoring equipment required under the terms of an order, permit, licence, approval or certificate;

"ambient particulate monitor audit" means an audit of

(a) the performance of an ambient particulate monitor and associated equipment used to produce or gather air samples, analytic results, data and reports, and

(b) records related to that performance;

"CALA" means the Canadian Association for Laboratory Accreditation Inc.;

"designated analyte" means a chemical or biological constituent or parameter that a laboratory may be recognized by CALA as proficient in testing for;

"director" includes the administrator, or an inspector, as defined in the Integrated Pest Management Act;

"directory of qualified laboratories" means the directory published by the minister of laboratories that

(a) the director is satisfied have achieved, by participation in the Proficiency Testing Program, formal recognition by CALA to carry out specified tests, and

(b) have complied, and continue to comply, with section 5 in respect of those specified tests;

"gas analyzer audit (stack and ambient)" means an audit of

(a) the performance of a gas analyzer and associated equipment used to produce or gather air samples, analytic results, data and reports, and

(b) records related to that performance;

"officer" includes a person employed by a municipality who is

(a) designated in writing by a director, or

(b) a member of a class designated in writing by a director;

"Proficiency Testing Program" means the inter-laboratory comparison program operated by CALA under which laboratories analyze reference samples provided by CALA, or by a provider approved by CALA, and report results for evaluation in accordance with CALA requirements;

"qualified laboratory", in respect of a test, means a laboratory that is listed in the directory of qualified laboratories as qualified to perform the test;

"reference laboratory" means a laboratory, designated by the director, whose performance is unbiased as demonstrated in inter-laboratory performance studies or blind audits;

"reference sample" means a sample with assigned design, or assigned consensus concentration values, for one or more analytes;

"split sample" means a liquid sample which is split and added to 2 separate containers so that each part of the split sample has identical analytes whose reference concentration values are assigned by analysis by a reference laboratory;

"standard sample" means a sample whose reference concentration value for one or more characteristics is assigned by using a design value based on gravimetric or volumetric measurement.

[am. B.C. Regs. 85/2000, s. 1; 323/2004, s. (a); 209/2013, s. 1; 19/2017, s. 1.]

Sampling, analytical, quality control and reporting procedures

2  (1) A person required to collect samples and submit environmental monitoring data as a requirement of an order, permit, licence, approval or certificate issued under an enactment administered by the minister must

(a) cause the samples to be analyzed by a qualified laboratory for the analytes specified in the order, permit, licence, approval or certificate, and

(b) provide to the director, not later than 45 days after the date the sample is collected, the results of the qualified laboratory's analysis.

(2) If a director requires that an officer, or another person the director designates, collect a split sample in respect of monitoring required under an order, permit, licence, approval or certificate referred to in subsection (1), the person subject to the order, permit, licence, approval or certificate must

(a) cause one part of the split sample to be analyzed by a qualified laboratory for the analytes specified by the director, and

(b) provide to the director, not later than 45 days after the date the sample is collected, the results of the qualified laboratory's analysis.

(3) A person required to collect samples and submit environmental monitoring data as a requirement of an order, permit, licence, approval or certificate issued under an enactment administered by the minister, must, on the request of a director, provide to the director, not later than 45 days after the date the samples are analyzed, the results of the analysis of standard samples of gases introduced to an emission analyzer, or ambient air analyzer, operated as a requirement of the order, permit, licence, approval or certificate.

(4) A person required to collect samples under this section must

(a) follow the sampling procedures as specified or authorized by the director, and

(b) on the request of a director, provide a report describing the methods used to collect and analyze the samples.

[en. B.C. Reg. 209/2013, s. 2.]

Repealed

3  Repealed. [B.C. Reg. 323/2004, s. (e).]

Cost recovery

4  (1) A person required to submit environmental monitoring data as a requirement of an order, permit, licence, approval or certificate under an enactment administered by the Minister of Environment shall reimburse the Ministry of Environment for the ministry's costs of auditing samples, analytical results and data submitted to the director.

(1.1) Despite subsection (1), the amount set out in column 2 of the following table opposite the class of air audit set out in column 1 of the table is the fee payable for an air audit in that class.

(2) Amounts under subsection (1) or (1.1) must be paid to the minister within 30 days after the date on the invoice provided to the person by the minister.

Table
ItemColumn 1
Air Audit Class
Column 2
Fee
1ambient particulate monitor audit$ 700.00
2gas analyzer audit (stack and ambient)$1 800.00

[am. B.C. Regs. 109/2002, s. 1; 19/2017, s. 2.]

Proficiency testing results

5  To become and remain listed in the directory of qualified laboratories, a laboratory must

(a) participate in the Proficiency Testing Program, and

(b) ensure that CALA provides to the director, for each designated analyte in respect of which the laboratory participates in the Proficiency Testing Program, a copy of the results of proficiency testing performed by the laboratory on every reference sample provided by CALA, or by a provider approved by CALA, for the purpose of evaluating that laboratory's proficiency in testing for the designated analyte.

[en. B.C. Reg. 209/2013, s. 3.]

Repealed

6  Repealed. [B.C. Reg. 85/2000, s. 2.]

[Provisions relevant to the enactment of this regulation: Environmental Management Act, S.B.C. 2003, c. 53, section 138 (4)]