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B.C. Reg. 133/2014
O.C. 426/2014
Deposited June 23, 2014
This consolidation is current to July 10, 2018.
Link to consolidated regulation (PDF)
Link to Point in Time

Environmental Management Act

Administrative Penalties (Environmental Management Act) Regulation

[includes amendments up to B.C. Reg. 185/2017, October 30, 2017]

Contents
Part 1 — Procedures for Making Determinations
1Definitions
2Notice respecting administrative penalty
3Opportunity to make representations
4Determinations
5Correction of determination
6Absolute liability
7Assessment of administrative penalty
8Date administrative penalty must be paid
9Enforcement of administrative penalty
10Consolidated revenue fund
11Limitation period
Part 2 — Prescribed Provisions
12Prescribed provisions of Act
13Prescribed provisions of Agricultural Waste Control Regulation
14Prescribed provisions of Antifreeze Regulation
15Prescribed provisions of Antisapstain Chemical Waste Control Regulation
16Prescribed provisions of Asphalt Plant Regulation
17Prescribed provisions of Cleaner Gasoline Regulation
18Prescribed provisions of Code of Practice for Industrial Non-Hazardous Waste Landfills Incidental to the Wood Processing Industry
19Prescribed provisions of Code of Practice for Soil Amendments
20Prescribed provisions of Code of Practice for the Concrete and Concrete Products Industry
21Prescribed provisions of Code of Practice for the Slaughter and Poultry Processing Industries
22Prescribed provisions of Contaminated Sites Regulation
23Prescribed provisions of Environmental Data Quality Assurance Regulation
24Prescribed provisions of Environmental Impact Assessment Regulation
25Prescribed provisions of Gasoline Vapour Control Regulation
26Prescribed provisions of Land-based Finfish Waste Control Regulation
27Prescribed provisions of Landfill Gas Management Regulation
28Repealed
29Prescribed provisions of Municipal Wastewater Regulation
30Prescribed provisions of Mushroom Compost Facilities Regulation
31Prescribed provisions of Oil and Gas Waste Regulation
32Prescribed provisions of Organic Matter Recycling Regulation
33Prescribed provisions of Ozone Depleting Substances and Other Halocarbons Regulation
34Prescribed provisions of Petroleum Storage and Distribution Facilities Storm Water Regulation
35Prescribed provisions of Pulp Mill and Pulp and Paper Mill Liquid Effluent Control Regulation
36Prescribed provisions of Recycling Regulation
37Prescribed provisions of Solid Fuel Burning Domestic Appliance Regulation
38Repealed
39Prescribed provisions of Storage of Recyclable Material Regulation
40Repealed
41Prescribed provisions of Vehicle Dismantling and Recycling Industry Environmental Planning Regulation
42Prescribed provisions of Wood Residue Burner and Incinerator Regulation

Part 1 — Procedures for Making Determinations

Definitions

1   In this regulation:

"Act" means the Environmental Management Act;

"contravention or failure" means

(a) a contravention of a prescribed provision of the Act or the regulations,

(b) a failure to comply with an order under the Act, or

(c) a failure to comply with a requirement of a permit or approval issued or given under the Act;

"determination" means a determination for the purposes of section 115 (1) of the Act.

Notice respecting administrative penalty

2   (1) If a director intends to make a determination in respect of an alleged contravention or failure by a person, the director must, before making the determination, give notice in writing to the person.

(2) The notice under subsection (1) must

(a) include

(i) the name of the person who is the subject of the notice,

(ii) a description of the circumstances that gave rise to the alleged contravention or failure,

(iii) the person's right to make representations under section 3, and

(iv) a preliminary assessment of the amount of the administrative penalty, and

(b) identify

(i) the prescribed provision of the Act or the regulations the person is alleged to have contravened,

(ii) the order the person is alleged to have failed to comply with, or

(iii) the requirement of a permit or approval the person is alleged to have failed to comply with.

Opportunity to make representations

3   (1) Before making a determination in respect of an alleged contravention or failure by a person, a director must provide the person with an opportunity to make representations in respect of the alleged contravention or failure.

(2) A person wishing to make representations under subsection (1) must make a request, in writing, to the director within 30 days after the date the person receives the notice under section 2.

(3) Subject to subsection (4), if a person makes a request in accordance with subsection (2), the director

(a) must conduct a written, electronic or oral hearing, or any combination of them, as the director, in his or her sole discretion, considers appropriate, and

(b) may

(i) determine the circumstances and place in which, and the process by which, the hearing may be conducted, and

(ii) specify the form and content of materials to be provided for the hearing, and the date the materials must be provided.

(4) If a person does not provide materials to the director in accordance with subsection (3) (b) (ii), the director is not required to conduct a hearing.

(5) If, after giving an opportunity to make representations, a director does not make a determination in respect of an alleged contravention or failure by a person, the director must give notice to the person that he or she is not required to pay an administrative penalty.

Determinations

4   A determination must be in a form that includes all of the following:

(a) the reasons for the decision;

(b) the name of the person who is liable for the administrative penalty;

(c) the contravention or failure in relation to which the administrative penalty is imposed;

(d) the amount of the administrative penalty;

(e) when the administrative penalty must be paid;

(f) the person's right to an appeal under Division 2 of Part 8 of the Act;

(g) the address of the appeal board.

Correction of determination

5   (1) Within 15 days after the date a determination is made, the director who made the determination may amend the determination to

(a) correct a typographical, an arithmetical or another similar error, and

(b) correct an obvious error or omission.

(2) The discretion given to a director under subsection (1) is exercisable with or without a hearing and

(a) on the initiative of the director who made the determination, or

(b) at the request of the person who is the subject of the determination.

(3) If a director corrects a determination under subsection (1),

(a) the director must give notice in writing to the person who is the subject of the determination, and

(b) the correction does not take effect until the date the person receives notice of the correction under paragraph (a).

Absolute liability

6   A requirement that a person pay an administrative penalty applies even if the person exercised due diligence to prevent the contravention or failure in relation to which the administrative penalty is imposed.

Assessment of administrative penalty

7   (1) In establishing the amount of an administrative penalty in a particular case, a director must consider the following matters, if applicable:

(a) the nature of the contravention or failure;

(b) the real or potential adverse effect of the contravention or failure;

(c) any previous contraventions or failures by, administrative penalties imposed on, or orders issued to the following:

(i) the person who is the subject of the determination;

(ii) if the person is an individual, a corporation for which the individual is or was a director, officer or agent;

(iii) if the person is a corporation, an individual who is or was a director, officer or agent of the corporation;

(d) whether the contravention or failure was repeated or continuous;

(e) whether the contravention or failure was deliberate;

(f) any economic benefit derived by the person from the contravention or failure;

(g) whether the person exercised due diligence to prevent the contravention or failure;

(h) the person's efforts to correct the contravention or failure;

(i) the person's efforts to prevent recurrence of the contravention or failure;

(j) any other factors that, in the opinion of the director, are relevant.

(2) If a contravention or failure continues for more than one day, separate administrative penalties, each not exceeding the applicable maximum administrative penalty, may be imposed for each day the contravention or failure continues.

Date administrative penalty must be paid

8   A person who is the subject of a determination must pay the administrative penalty within 30 days after the later of

(a) the date the determination is served on the person,

(b) if, under section 5 of this regulation, the determination was corrected, the date the person receives notice of the correction, or

(c) if, under Division 2 of Part 8 of the Act, the person appeals the imposition of an administrative penalty,

(i) the date the person receives a copy of the order or decision of the appeal board, if the appeal board confirms or varies the administrative penalty, or

(ii) the date a new determination is served on the person, if the appeal board sends the matter back, with directions, to the director who made the determination.

Enforcement of administrative penalty

9   If a person fails to pay an administrative penalty as required under section 8, the person is not eligible to apply for a permit or approval, or to amend a permit or approval, until the penalty is paid in full.

Consolidated revenue fund

10   All revenue derived from administrative penalties must be paid into the consolidated revenue fund.

Limitation period

11   A notice under section 2 may not be served more than 3 years after the later of

(a) the date the alleged contravention or failure to which the notice relates occurred, or

(b) the date evidence of the alleged contravention or failure first came to the knowledge of a director.

Part 2 — Prescribed Provisions

Prescribed provisions of Act

12   (1) A person who contravenes section 6 (2), (3) or (4), 7, 8, 9 (1) or (4), 11, 25 (2), 40 (1), (2), (3), (6) or (7), 48 (8), (10) or (15), 55 (1), 72 (1) or (2) or 76.2 of the Act is liable to an administrative penalty not exceeding $75 000.

(2) A person who contravenes section 10 (1), (2) or (3), 107 (3), 109 (6) or 111 (2.1) of the Act is liable to an administrative penalty not exceeding $40 000.

(3) A person who contravenes section 12 (2) or 13 of the Act is liable to an administrative penalty not exceeding $2 000.

(4) A person who fails to comply with an order under the Act is liable to an administrative penalty not exceeding $40 000.

(5) A person who fails to comply with a requirement of a permit or approval issued or given under the Act is liable to an administrative penalty not exceeding $40 000, unless the requirement the person failed to comply with is also a prescribed provision of the Act or the regulations that is subject to a different maximum administrative penalty.

Prescribed provisions of Agricultural Waste Control Regulation

13   (1) A person who contravenes section 18.1 (2) or 23 (1) (d) of the Code of Agricultural Practice for Waste Management, April 1, 1992 attached to the Agricultural Waste Control Regulation is liable to an administrative penalty not exceeding $75 000.

(2) A person who contravenes section 3, 4, 5, 6, 7 (1), 8, 9, 10 (1), 11, 12, 13, 14, 15, 16 (1), 17, 18, 18.1 (5), 18.2 (2), 20, 21, 22, 23 (1) (a), (b) or (c), 24, 25, 26, 27, 28, 29 (1) or (2), 30 or 31 of the Code of Agricultural Practice for Waste Management, April 1, 1992 attached to the Agricultural Waste Control Regulation is liable to an administrative penalty not exceeding $40 000.

(3) A person who contravenes section 18.4 (2) or 18.6 of the Code of Agricultural Practice for Waste Management, April 1, 1992 attached to the Agricultural Waste Control Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Antifreeze Regulation

14   A person who contravenes section 2 of the Antifreeze Regulation is liable to an administrative penalty not exceeding $40 000.

Prescribed provisions of Antisapstain Chemical Waste Control Regulation

15   A person who contravenes section 2, 4 (1), 5, 6, 7, 8, 9, 10, 11 or 12 of the Antisapstain Chemical Waste Control Regulation is liable to an administrative penalty not exceeding $40 000.

Prescribed provisions of Asphalt Plant Regulation

16   (1) A person who contravenes section 2 (3), 5 (1) or (4), 7 (2), 9, 11, 12 (1) or (2), 13.1 (5), 14 (2), 15, 16 (2) or 17 (1) of the Asphalt Plant Regulation is liable to an administrative penalty not exceeding $75 000.

(2) A person who contravenes section 5 (2) or (3), 6 (1), (2) or (3), 7 (1), 13 (1) or (3), 13.1 (1), 14 (1), 17 (2) or (3) or 18 (1) of the Asphalt Plant Regulation is liable to an administrative penalty not exceeding $40 000.

(3) A person who contravenes section 3.1, 6 (4), 8, 13 (5) or (6), 13.1 (2) or 16 (1) of the Asphalt Plant Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Cleaner Gasoline Regulation

17   (1) A person who contravenes section 4 (2) of the Cleaner Gasoline Regulation is liable to an administrative penalty not exceeding $75 000.

(2) A person who contravenes section 2 (2) or (3), 3 (1) or 10 (1) (a) of the Cleaner Gasoline Regulation is liable to an administrative penalty not exceeding $40 000.

(3) A person who contravenes section 2 (4), 9 or 10 (1) (c) or (d), (2), (7) or (8) of the Cleaner Gasoline Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Code of Practice for Industrial Non-Hazardous Waste Landfills Incidental to the Wood Processing Industry

18   (1) A person who contravenes section 8, 9, 10, 11, 12, 13, 14 (1), 15 (5), 16, 19 (1), 20 (1), 21 (1) or 22 (1) of the Code of Practice for Industrial Non-Hazardous Waste Landfills Incidental to the Wood Processing Industry is liable to an administrative penalty not exceeding $40 000.

(2) A person who contravenes section 15 (1) or (3), 17 (1) or (4), 18 or 22 (4) of the Code of Practice for Industrial Non-Hazardous Waste Landfills Incidental to the Wood Processing Industry is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Code of Practice for Soil Amendments

19   (1) A person who contravenes section 2, 3 (1), 4, 5 (2), 6, 7 (1), (2) or (3), 8 (1), 9 (2) or (4), 10 or 11 (1) of the Code of Practice for Soil Amendments is liable to an administrative penalty not exceeding $40 000.

(2) A person who contravenes section 7 (4), 9 (3) or 12 of the Code of Practice for Soil Amendments is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Code of Practice for the Concrete and Concrete Products Industry

20   (1) A person who contravenes section 3, 4, 5, 6 (1), 7 (1), 8 (1) or 10 the Code of Practice for the Concrete and Concrete Products Industry is liable to an administrative penalty not exceeding $40 000.

(2) A person who contravenes section 9 or 11 of the Code of Practice for the Concrete and Concrete Products Industry is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Code of Practice for the Slaughter and Poultry Processing Industries

21   (1) A person who contravenes section 18 of the Code of Practice for the Slaughter and Poultry Processing Industries is liable to an administrative penalty not exceeding $75 000.

(2) A person who contravenes section 5 (a), 6, 7, 8, 9 (1) or (2), 9.1, 10 (1) or (2), 11 (1), 14 (1), (2) or (4), 15, 16 (1), 19 (1), 20, 21, 22, 23 (1), 24 (2), 25 (2), 26 (1) or (2), 27 or 29 (5) of the Code of Practice for the Slaughter and Poultry Processing Industries is liable to an administrative penalty not exceeding $40 000.

(3) A person who contravenes section 3, 5 (b) or (c), 9 (3), 11 (2), 12, 13, 16 (2), 19 (4), 23 (2) or (3), 25 (3), (4) or (6), 26 (3) or (4), 28 (2) or 29 (1) or (2) of the Code of Practice for the Slaughter and Poultry Processing Industries is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Contaminated Sites Regulation

22   A person who contravenes section 57 (1) or (1.2), 59 (1) or 60.1 of the Contaminated Sites Regulation is liable to an administrative penalty not exceeding $40 000.

Prescribed provisions of Environmental Data Quality Assurance Regulation

23   A person who contravenes section 2 of the Environmental Data Quality Assurance Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Environmental Impact Assessment Regulation

24   A person who contravenes section 2 or 3 of the Environmental Impact Assessment Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Gasoline Vapour Control Regulation

25   (1) A person who contravenes section 2 (1) or (5), 3 (7), 4 (1), (2), (4), (5) or (8), 5 (1), (2), (4), (5) or (6), 6 (1), (2), (3), (4), (5), (6), (8) or (9) or 7 of the Gasoline Vapour Control Regulation is liable to an administrative penalty not exceeding $40 000.

(2) A person who contravenes section 3 (6), 4 (6) or (7) or 9 (1) or (2) of the Gasoline Vapour Control Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Land-based Finfish Waste Control Regulation

26   (1) A person who contravenes section 6 (1) or 7 (1) of the Land-based Finfish Waste Control Regulation is liable to an administrative penalty not exceeding $40 000.

(2) A person who contravenes section 5 or 8 of the Land-based Finfish Waste Control Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Landfill Gas Management Regulation

27   (1) A person who contravenes section 4 (1) or (5), 5 (3), 7 (1) or (2), 8 (3) or (4) (b), 9 (1), 11 (3) or 15 (1) of the Landfill Gas Management Regulation is liable to an administrative penalty not exceeding $40 000.

(2) A person who contravenes section 6 (2), 7 (3), 8 (4) (a), 10, 11 (1) or (2), 12 (3), 13, 14 or 15 (4) of the Landfill Gas Management Regulation is liable to an administrative penalty not exceeding $10 000.

Repealed

28   Repealed. [B.C. Reg. 54/2016, App. 2, s. 1.]

Prescribed provisions of Municipal Wastewater Regulation

29   (1) A person who contravenes section 45, 50, 94 (1), 97 (1), 108 (1), 109 (2), (3), (4), (5) or (6), 111 (2) or (3), 112, 113, 115 (1) or 117 (2) or (3) of the Municipal Wastewater Regulation is liable to an administrative penalty not exceeding $75 000.

(2) A person who contravenes section 6 (2), 7 (3), 18 (1) (b), 42 (1), 43, 44, 47, 48, 49 (1), (2) (b) or (3), 51, 52, 53, 54, 55 (1) or (3), 56 (1), 57 (2) or (3), 58 (1) or (3), 60, 66 (1), (2) or (3), 72 (2), 73, 74 (3), 75, 76 (4) or (5), 80, 81, 82 (1) or (2), 83, 84, 85 (1), 86, 88, 95 (3), 102, 103 (1), 105 (1), 110 (3) (b), 114 (1), 118 (1) or 119 of the Municipal Wastewater Regulation is liable to an administrative penalty not exceeding $40 000.

(3) A person who contravenes section 16 (1), 42 (2), 46, 49 (2) (a), 55 (5), 57 (4), 62, 63, 64, 65 (1), 66 (4), 97 (2), 101, 103 (3) or 118 (3) of the Municipal Wastewater Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Mushroom Compost Facilities Regulation

30   (1) A person who contravenes section 1, 2 (1) or 3 (0.1), (1) or (4) of the Schedule to the Mushroom Compost Facilities Regulation is liable to an administrative penalty not exceeding $40 000.

(2) A person who contravenes section 2 (3), 3 (2), 4 (1) or (2) or 5 (1) or (3) of the Schedule to the Mushroom Compost Facilities Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Oil and Gas Waste Regulation

31   (1) A person who contravenes section 3 or 5 (2) or (3) of the Oil and Gas Waste Regulation is liable to an administrative penalty not exceeding $75 000.

(2) A person who contravenes section 7 (3) or (4) or 8 of the Oil and Gas Waste Regulation is liable to an administrative penalty not exceeding $40 000.

(3) A person who contravenes section 6 (2), (3) or (4) of the Oil and Gas Waste Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Organic Matter Recycling Regulation

32   (1) A person who contravenes section 5 (1), 7 (2) or (4), 9 (2), 12 (4) or (5), 14 (2), 15 (1), 17, 20 (2), 22 (1), 23 (2) or (3), 24 (1), 25 (1), 26 (2) or (3), 27, 28, 29 or 30 of the Organic Matter Recycling Regulation is liable to an administrative penalty not exceeding $40 000.

(2) A person who contravenes section 5 (3) or (4), 7 (3), 9 (3) or (6), 15 (2) or (3), 23 (4), 24 (2) or (3) or 25 (2) of the Organic Matter Recycling Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Ozone Depleting Substances and Other Halocarbons Regulation

33   (1) A person who contravenes section 4 (1), (3) or (4), 11, 13, 15, 17, 18, 19, 22 or 27 (1), (2), (5) or (7) of the Ozone Depleting Substances and Other Halocarbons Regulation is liable to an administrative penalty not exceeding $75 000.

(2) A person who contravenes section 5, 6 (3), 7 (1) or (3), 8 (a), 10 (1) or (2), 12 (1), (3) or (4), 14, 16, 20, 21, 24, 25, 26 or 28 of the Ozone Depleting Substances and Other Halocarbons Regulation is liable to an administrative penalty not exceeding $40 000.

(3) A person who contravenes section 8 (b), 9, 10 (3) or 27 (6) of the Ozone Depleting Substances and Other Halocarbons Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Petroleum Storage and Distribution Facilities Storm Water Regulation

34   (1) A person who contravenes section 4, 5 or 6 (1), (3), (4), (6), (7), (8), (9), (10) or (13) of the Petroleum Storage and Distribution Facilities Storm Water Regulation is liable to an administrative penalty not exceeding $40 000.

(2) A person who contravenes section 6 (5), (11) or (12) or 7 of the Petroleum Storage and Distribution Facilities Storm Water Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Pulp Mill and Pulp and Paper Mill Liquid Effluent Control Regulation

35   (1) A person who contravenes section 2 (1), (1.1), (3), (5) or (6) of the Pulp Mill and Pulp and Paper Mill Liquid Effluent Control Regulation is liable to an administrative penalty not exceeding $75 000.

(2) A person who contravenes section 5 (1) of the Pulp Mill and Pulp and Paper Mill Liquid Effluent Control Regulation is liable to an administrative penalty not exceeding $40 000.

(3) A person who contravenes section 5 (5) of the Pulp Mill and Pulp and Paper Mill Liquid Effluent Control Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Recycling Regulation

36   (1) A person who contravenes

(a) section 2 (1), (2) or (3), 4, 6, 8 (1), 11 (2) or 14 (1) (a) or (2) of the Recycling Regulation, or

(b) section 5 (1) or (2), 6 (1), 7 or 8 of Schedule 1 of the Recycling Regulation

is liable to an administrative penalty not exceeding $40 000.

(2) A person who contravenes section 2 (4) or (5), 9 (4), 10, 11 (3) or (4), 12 or 14 (1) (b), (3) or (4) of the Recycling Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Solid Fuel Burning Domestic Appliance Regulation

37   (1) A person who contravenes section 4 (3) of the Solid Fuel Burning Domestic Appliance Regulation is liable to an administrative penalty not exceeding $75 000.

(2) A person who contravenes section 4 (4), (5) or (6) or 7 (2), (3), (4), (5) or (6) of the Solid Fuel Burning Domestic Appliance Regulation is liable to an administrative penalty not exceeding $40 000.

(3) A person who contravenes section 2 (1), 6 (1) or 9 (1) (a) or (b) or (2) (a) or (b) of the Solid Fuel Burning Domestic Appliance Regulation is liable to an administrative penalty not exceeding $10 000.

[am. B.C. Reg. 218/2016, App. 2.]

Repealed

38   Repealed. [B.C. Reg. 185/2017, s. (c).]

Prescribed provisions of Storage of Recyclable Material Regulation

39   A person who contravenes section 4 (1) or (2) or 5 (1) of the Storage of Recyclable Material Regulation is liable to an administrative penalty not exceeding $40 000.

Repealed

40   Repealed. [B.C. Reg. 54/2016, App. 2, s. 1.]

Prescribed provisions of Vehicle Dismantling and Recycling Industry Environmental Planning Regulation

41   (1) A person who contravenes section 2 (2) or (3), 4 (1), 5 (1) or 6 of the Vehicle Dismantling and Recycling Industry Environmental Planning Regulation is liable to an administrative penalty not exceeding $40 000.

(2) A person who contravenes section 2 (4) or (5), 4 (2) (a) or (c), 5 (2) (a), (b), (c) or (e), (3) or (4) or 7 of the Vehicle Dismantling and Recycling Industry Environmental Planning Regulation is liable to an administrative penalty not exceeding $10 000.

Prescribed provisions of Wood Residue Burner and Incinerator Regulation

42   A person who contravenes section 2 (1) of the Wood Residue Burner and Incinerator Regulation is liable to an administrative penalty not exceeding $75 000.

[Provisions relevant to the enactment of this regulation: Environmental Management Act, S.B.C. 2003, c. 53, sections 115 and 119 (1)]