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Environmental Management Act

[SBC 2003] CHAPTER 53

Part 6 — Clean Air Provisions

Definitions

71  In this Part:

"emission control system" means a system or device to prevent or reduce the emission of an air contaminant;

"engine" includes a motor vehicle engine and a propulsion system;

"fuel" means any fuel, other than solid fuel, used in an engine;

"jurisdiction" includes a foreign jurisdiction;

"manufacturer", in relation to a product, means a manufacturer who produces the product anywhere and offers it for sale in British Columbia;

"motor vehicle" means a motor vehicle as defined in the Motor Vehicle Act, and includes mobile equipment and a motor assisted cycle as those terms are defined in that Act;

"sell" means to sell, lease or otherwise dispose of a thing or to offer to do any of those things.

Control of air contaminants

72  (1) A person must not sell, display for sale or deliver to a purchaser an engine or new motor vehicle that is required by the regulations

(a) to have an emission control system installed or incorporated, or

(b) to meet specified design requirements,

unless the engine or motor vehicle complies with the applicable regulations under section 74[motor vehicle and engine emission regulations].

(2) A person must not sell, deliver or provide to a purchaser a fuel of a class or type required by the regulations to meet prescribed standards, specifications and availability, unless the fuel complies with those regulations.

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

Fuel emission regulations

73  (1) Without limiting section 138 (1)[general authority to make regulations], the Lieutenant Governor in Council may make regulations for the purpose of preventing and reducing emissions from fuels and their combustion including, without limiting that power, regulations for one or more of the following:

(a) prescribing standards for and specifications of fuels, providing for their testing and certification and specifying the quantities for and areas in British Columbia where fuels must be made available;

(b) prescribing fees and charges to be paid in respect of any matter for which the ministry provides a service or performs a duty in relation to the testing and certification of fuels for compliance with the regulations, and prescribing by whom the fees and charges are to be paid;

(c) requiring manufacturers and persons who test, certify or sell fuels to record and report specified information at the times and in the manner provided in the regulations;

(d) specifying the areas in British Columbia to which the regulations apply and specifying the date on which the regulations become effective in those areas;

(e) classifying fuels for the purpose of a regulation and exempting a class of fuel from a regulation.

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

Motor vehicle and engine emission regulations

74  (1) Without limiting section 138 (1)[general authority to make regulations], the Lieutenant Governor in Council may make regulations for the purpose of preventing and reducing emissions from new motor vehicles and from engines including, without limiting that power, regulations for one or more of the following:

(a) requiring motor vehicles or engines to have installed on or incorporated in them one or more emission control systems;

(b) requiring motor vehicles, engines or emission control systems to meet prescribed standards, specifications and design requirements;

(c) prescribing standards, specifications and design requirements for the purposes of paragraph (b);

(d) providing for the testing and certification of motor vehicles, engines and emission control systems for compliance with prescribed standards, specifications and design requirements;

(e) requiring motor vehicles or engines to meet design requirements that are certified in a specified jurisdiction to conform to the emission control standards of that jurisdiction;

(f) prohibiting the sale of a new motor vehicle or engine unless it meets prescribed requirements for labelling as to

(i)   the emission control performance of the motor vehicle or engine,

(ii)   compliance with requirements under this Act, and

(iii)   maintenance specifications in relation to emission control;

(g) prescribing the form, content and manner of placement for labels required under paragraph (f);

(h) prohibiting, if a manufacturer produces within the same motor vehicle product line, or within a class within that product line, motor vehicles with different designs certified in a specified jurisdiction to conform to different emission control standards, the sale of motor vehicles within that product line or class that meet the less stringent emission control standards;

(i) requiring manufacturers of new motor vehicles or engines to deliver and have available for sale in British Columbia a model of motor vehicle or engine that meets specified emission control standards;

(j) establishing a scheme under which, for each manufacturer of new motor vehicles, the motor vehicles that are produced and delivered for sale in British Columbia during a specified time period must be a mix of motor vehicles determined in accordance with a specified formula;

(k) requiring each manufacturer of new motor vehicles to

(i)   develop, submit and have approved by the minister a plan for reducing emissions from motor vehicles in British Columbia that, in the opinion of the minister, meets the prescribed requirements for such plans, and

(ii)   implement and comply with the plan approved under subparagraph (i);

(l) prescribing requirements for the contents of, and emission reduction goals that must be met by, a plan under paragraph (k);

(m) prohibiting the sale of a class of new motor vehicles or a class of engines produced by a manufacturer if, in relation to the manufacturer, requirements established under paragraph (i), (j) or (k) are not met;

(n) prohibiting the sale of a new motor vehicle or engine unless it is sold with an emission control warranty that is provided by the manufacturer and that meets the content requirements specified in the regulation;

(o) prescribing fees and charges to be paid in respect of any matter for which the ministry provides a service or performs a duty in relation to the testing and certification of motor vehicles or engines for compliance with the regulations, and prescribing by whom the fees and charges are to be paid;

(p) requiring manufacturers and persons who test, certify or sell motor vehicles or engines to record and report specified information at the times and in the manner provided in the regulation;

(q) defining words and expressions used in this section that are not otherwise defined by this Act;

(r) classifying motor vehicles, engines, emission control systems and manufacturers for the purpose of a regulation and exempting such a class from a regulation.

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

Solid fuel burning domestic appliance regulations

75  (1) Without limiting section 138 (1)[general authority to make regulations], the Lieutenant Governor in Council may make regulations for the purposes of preventing or reducing pollution from new solid fuel burning domestic appliances including, without limitation, regulations for any of the following purposes:

(a) regulating or imposing requirements or prohibitions in relation to the availability, sale, conditions of sale and lease of solid fuel burning domestic appliances for the purposes of preventing or reducing pollution;

(b) prescribing emission limits for solid fuel burning domestic appliances or classes of solid fuel burning domestic appliances for the purposes of preventing or reducing pollution;

(c) prescribing standards for and specifications of solid fuels burned in solid fuel burning domestic appliances for the purposes of preventing or reducing pollution;

(d) regulating and requiring the testing and certification of solid fuel burning domestic appliances;

(e) designating persons or organizations to test and certify solid fuel burning domestic appliances;

(f) prescribing the form and content of labels that may be placed on a solid fuel burning domestic appliance;

(g) providing for the manner of placing a prescribed label on a solid fuel burning domestic appliance that conforms to the prescribed standards of operation;

(h) prescribing fees and charges to be paid in respect of any matter for which the ministry provides a service or performs a duty in relation to solid fuel burning domestic appliances, and prescribing by whom the fees and charges are to be paid;

(i) exempting any solid fuel burning domestic appliance or class of solid fuel burning domestic appliance from any provision of this Act or the regulations;

(j) providing for the recording and reporting of information by persons who manufacture, test, certify, offer for sale, sell, lease or otherwise dispose of solid fuel burning domestic appliances, including the frequency, time and manner for reporting.

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

Burning regulations

76  (1) Without limiting section 138 (1)[general authority to make regulations], the Lieutenant Governor in Council may make regulations prescribing conditions that must be met and controls that must be provided for the burning of material derived from land clearing, land grading or tilling.

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

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