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"Point in Time" Regulation Content

Environmental Management Act

Open Burning Smoke Control Regulation

B.C. Reg. 145/93

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 January 14, 2010
February 29, 2016
June 15, 2018
October 1, 2018
Schedule B Section 8 January 14, 2010
October 1, 2018
Schedule B Section 9 January 14, 2010
October 1, 2018
Schedule 1 June 15, 2018

 Section 1 (1) definition of "forest official" BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

"forest official" means a person or class of persons employed by the Ministry of Forests and designated in writing by a director as an officer;

 Section 1 (1) definition of "maximum reservoir elevation" BEFORE amended by BC Reg 41/2016, effective February 29, 2016.

"maximum reservoir elevation" means the full supply or normal water level plus the design flood surcharge as approved in a water licence issued under the authority of the Water Act;

 Section 1 (1) definition of "improvement district" BEFORE amended by BC Reg 117/2018, effective June 15, 2018.

"improvement district" means an improvement district as defined in section 5 of the Local Government Act;

 Section 1 (1) definition of "forest official" BEFORE amended by BC Reg 191/2018, effective October 1, 2018.

"forest official" means a person or class of persons employed by the Ministry of Forests and Range and designated in writing by a director as an officer;

 Schedule B, section 8 (1) and (4) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

 Favourable weather for smoke dispersion

8  (1)  Unless otherwise specified for smoke management purposes in a Ministry of Forests burning permit or in a burn plan approved by the Ministry of Forests, open burning of debris must not be initiated unless the ventilation index is forecast as

(a) "good" for the day the open burning is to be started, and

(b) "good" or "fair" on the second day the debris is anticipated to release smoke.

(4)  Unless otherwise exempted for smoke management purposes by a Ministry of Forests burning permit or in a burn plan approved by the Ministry of Forests, open burning of debris must not be initiated if atmospheric mixing at the site where the debris is to be burned is insufficient to provide rapid dispersion of the smoke.

 Schedule B, section 8 (1) (part) and (4) BEFORE amended by BC Reg 191/2018, effective October 1, 2018.

(1) Unless otherwise specified for smoke management purposes in a Ministry of Forests and Range burning permit or in a burn plan approved by the Ministry of Forests and Range, open burning of debris must not be initiated unless the ventilation index is forecast as

(4) Unless otherwise exempted for smoke management purposes by a Ministry of Forests and Range burning permit or in a burn plan approved by the Ministry of Forests and Range, open burning of debris must not be initiated if atmospheric mixing at the site where the debris is to be burned is insufficient to provide rapid dispersion of the smoke.

 Schedule B, section 9 BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

 Smoke reduction if weather changes

9  Unless otherwise exempted for smoke management purposes by a Ministry of Forests burning permit or in a burn plan approved by the Ministry of Forests, debris must not be added to the open burn if

(a) weather conditions change and the ventilation index becomes "poor",

(b) local winds make the dispersion of the smoke inadequate, or

(c) an inversion forms trapping smoke near the surface.

 Schedule B, section 9 (part) BEFORE amended by BC Reg 191/2018, effective October 1, 2018.

9   Unless otherwise exempted for smoke management purposes by a Ministry of Forests and Range burning permit or in a burn plan approved by the Ministry of Forests and Range, debris must not be added to the open burn if

 Schedule 1, section 1 (a) and (b) BEFORE amended by BC Reg 117/2018, effective June 15, 2018.

(a) every city, town and village as described in section 17 (1) of the Local Government Act;

(b) those district municipalities, as defined in section 5 of the Local Government Act, that are within the Capital, Central Okanagan, Fraser Valley, Greater Vancouver and Okanagan-Similkameen regional districts;