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This Act is current to September 11, 2019
See the Table of Legislative Changes for this Act’s recent legislative history, including any changes not in force.

Zero-Emission Vehicles Act

[SBC 2019] CHAPTER 29

Assented to May 30, 2019

Contents
Part 1
1-5Not in force
Part 2Provincial Targets
6Definition
7Provincial targets
8Provincial targets report
9Prohibition in 2040 and subsequent years
Part 3-5
10-36Not in force
Part 6General
Division 1General
37Notice and service under this Act
38Confidentiality
39Information-sharing agreements
Division 2
40-45Not in force
Part 7Transitional Provision and Repeals
Division 1
46Not in force
Division 2Repeals
47Repeals
48Commencement

Part 1

Not in force

1-5   [Not in force.]

Part 2Provincial Targets

Definition

6   In this Part, "light-duty motor vehicle" has the prescribed meaning.

Provincial targets

7   The following targets are established for the purpose of reducing greenhouse gas emissions in British Columbia:

(a) in 2025 and in each subsequent year, at least 10% of all new light-duty motor vehicles sold or leased in British Columbia must be zero-emission vehicles;

(b) in 2030 and in each subsequent year, at least 30% of all new light-duty motor vehicles sold or leased in British Columbia must be zero-emission vehicles;

(c) in 2040 and in each subsequent year, 100% of all new light-duty motor vehicles sold or leased in British Columbia must be zero-emission vehicles.

Provincial targets report

8   (1) On or before March 31 in each year, the director must publish a report respecting the zero-emission vehicle targets described in section 7 that meets the requirements set out in subsection (2).

(2) A report under subsection (1) must

(a) cover the immediately preceding calendar year,

(b) set out the following:

(i) the number of consumer sales of light-duty motor vehicles;

(ii) the number of consumer sales of light-duty motor vehicles that are zero-emission vehicles, and

(c) include any other prescribed information.

Prohibition in 2040 and subsequent years

9   On or after January 1, 2040, a person must not make a consumer sale of a light-duty motor vehicle that is not a zero-emission vehicle.

Part 3-5

Not in force

10-36   [Not in force.]

Part 6General

Division 1General

Notice and service under this Act

37   (1) A notice that is required to be served on a supplier under this Act is deemed to have been served if it is

(a) sent by ordinary mail or registered mail to the supplier's address for service,

(b) transmitted by email to the supplier at the email address provided as part of the supplier's address for service, or

(c) sent, transmitted or delivered by any prescribed method of service.

(2) If service is by ordinary mail or registered mail, the notice is deemed to have been served 8 days after it is mailed.

(3) If service is by email, the notice is deemed to have been served 3 days after it is transmitted.

(4) If service is by a prescribed method of service, the notice is deemed to have been served the prescribed number of days after it is sent, transmitted or delivered, as the case may be.

Confidentiality

38   (1) In this section:

"protected information" means information that would reveal

(a) trade secrets of a third party, or

(b) commercial, financial, labour relations, scientific or technical information of or about a third party;

"third party" has the same meaning as in the Freedom of Information and Protection of Privacy Act;

"trade secret" has the same meaning as in the Freedom of Information and Protection of Privacy Act.

(2) Subject to this section, a person who has access to protected information that is in the custody or under the control of the government through

(a) reports to be provided by a supplier under this Act,

(b) information requested under section 22 [information requests],

(c) information in an audit under section 23 [audits],

(d) the exercise of powers under section 25 [inspections] in relation to a supplier, or

(e) an information-sharing agreement under section 39 [information-sharing agreements] that provides that the information is to be kept confidential

must not disclose the protected information to any other person.

(3) The prohibition in subsection (2) does not apply to disclosure of the following information:

(a) information that is publicly available;

(b) if the regulations classify suppliers, the classification of a supplier;

(c) the number or proportion of consumer sales, by supplier, model year or vehicle class, that are zero-emission vehicles and the ZEV class of those vehicles;

(d) the director's assessment, for a model year, vehicle class and, if applicable, ZEV class, of whether a supplier is in compliance with section 10 (2) [supply of ZEVs];

(e) information about a supplier's balance, including the ZEV units, by model year, vehicle class and ZEV class, that are in the supplier's balance;

(f) information about transfers between suppliers, including who transferred or received credits and the model year, vehicle class and ZEV class of the transferred credits;

(g) information about initiative agreements entered into by a supplier, including information about the actions and the status of the actions;

(h) information about agreements under section 15 [issuance of credits — purchase agreements] entered into by a supplier, including the number, model year, vehicle class and ZEV class of any credits purchased;

(i) information that is required or authorized to be made public under this Act.

(4) The prohibition in subsection (2) does not apply to disclosure in the following circumstances:

(a) if required under Part 2 [Freedom of Information] of the Freedom of Information and Protection of Privacy Act;

(b) in the course of administering or enforcing this Act or a prescribed enactment;

(c) for the purpose of court proceedings;

(d) in accordance with an information-sharing agreement under section 39 of this Act;

(e) with the consent of the person, group of persons or organization that is the third party in relation to the protected information.

Information-sharing agreements

39   (1) For the purposes of this section, "information-sharing agreement" means a data-matching or other agreement to provide or exchange information related to any of the following:

(a) the administration of this Act;

(b) the reduction of greenhouse gas emissions from motor vehicles in British Columbia;

(c) consumer sales of zero-emission vehicles;

(d) the registration of motor vehicles.

(2) With the prior approval of the Lieutenant Governor in Council, the minister may enter into an information-sharing agreement with any of the following:

(a) the government of another jurisdiction in or outside Canada or an agent of that government;

(b) a public body as defined in the Freedom of Information and Protection of Privacy Act.

Division 2

Not in force

40-45   [Not in force.]

Part 7Transitional Provision and Repeals

Division 1

Not in force

46   [Not in force.]

Division 2Repeals

Repeals

47   The following provisions of the Greenhouse Gas Reduction (Vehicle Emissions Standards) Act, S.B.C. 2008, c. 21, are repealed:

(a) paragraph (b) in the definition of "compliance deadline" in section 1 [definitions];

(b) paragraph (b) in the definition of "credit" in section 1;

(c) Part 3 [Zero Emission Vehicles];

(d) section 10 [automatic administrative penalties: failure to meet ZEV requirements];

(e) section 11 (3) and (4) [imposed administrative penalties: failure in relation to Part 3];

(f) section 15 (1) (c) and (d) [offences against Act and corresponding penalties];

(g) section 23 (3) (c) [confidentiality];

(h) section 27 [regulations in relation to Part 3];

(i) section 28 (a) (ii) [regulations in relation to Part 4].

Commencement

48   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:

ItemColumn 1
Provisions of Act
Column 2
Commencement
1Anything not elsewhere covered by this tableThe date of Royal Assent
2Part 1By regulation of the Lieutenant Governor in Council
3Parts 3 to 5By regulation of the Lieutenant Governor in Council
4Division 2 of Part 6By regulation of the Lieutenant Governor in Council
5Division 1 of Part 7By regulation of the Lieutenant Governor in Council