"The Polluted and Convoluted: Is Environmental Law in British Columbia Really Industry-Friendly?", Environmental Law Bulletin Harper Grey LLP
June 2003By Richard Attisha, Richard Bereti, and Kenneth Serne' June 2003
Overview
On May 13, 2003 the Government of British Columbia introduced Bill 57, a new and hopefully improved Environmental Management Act ("EMA"). The subsisting and highly controversial Waste Managment Act is intended to become, in essence, the EMA. The introduction of the EMA follows the province's recent, major review of environmental legislation.
The aim of the EMA is said to introduce “modern-day tools for environmental management”. It remains to be seen whether the latest version of British Columbia environmental legislation is any more manageable or practical than prior versions. In many respects, it remains the same as its predecessor, with many of the same problems. Some of these problems may be resolved in revised regulations to the EMA, but the legislature will not sit again until October of this year and, because Bill 57 was not passed before the end of the current session, this legislation will have to be reintroduced in October as well.
It is worthwhile to examine Bill 57 now because it is clearly the government’s intention to pass this or very similar legislation in the fall of 2003. The provincial government has indicated its preference to make the EMA merely a foundation for further environmental legislation, thus allowing significant future changes to be introduced by regulations. An extensive consultation process has been promised prior to the issuance of any new or amended regulations.
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