BILL 24 – 2021
ENVIRONMENTAL MANAGEMENT AMENDMENT ACT, 2021

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 (1) of the Environmental Management Act, S.B.C. 2003, c. 53, is amended

(a) in paragraph (a) of the definition of "packaging" by adding "including a material, substance or object that is sold or distributed separately from the commodity or product that it will protect, contain or transport," after "product,", and

(b) by adding the following definition:

"single-use product" means a product that is ordinarily disposed of after a single use or short-term use, whether or not the product could be reused; .

2 Section 11 is amended

(a) by adding "distribute," after "use,", and

(b) by striking out "disposable products" in both places and substituting "single-use products".

3 Section 21 (1) is amended

(a) in paragraph (i) by striking out "activities operations" and substituting "activities, operations",

(b) by repealing paragraph (o) and substituting the following:

(o) prohibiting or restricting the use, distribution, offer for sale or sale of packaging, product containers or single-use products or any material used in packaging, product containers or single-use products; ,

(c) in paragraph (p) by striking out "content, shape, weight, nature and volume of packaging used per unit of product" and substituting "material, content, shape, nature, weight and volume of packaging, including the weight and volume of packaging used per unit of product", and

(d) in paragraphs (q), (r) and (t) by adding ", single-use products" after "product containers".

4 Section 22 (2) is amended

(a) by repealing paragraph (q) and substituting the following:

(q) prohibiting or restricting the use, distribution, offer for sale or sale of packaging, product containers or single-use products or any material used in packaging, product containers or single-use products; ,

(b) in paragraph (r) by striking out "content, shape, weight, nature and volume of packaging used per unit of product" and substituting "material, content, shape, nature, weight and volume of packaging, including the weight and volume of packaging used per unit of product", and

(c) in paragraphs (s), (t) and (v) by adding ", single-use products" after "product containers".

Commencement

5 This Act comes into force on the date of Royal Assent.

Explanatory Notes

SECTION 1: [Environmental Management Act, section 1]

• adds a definition of "single-use product";
• clarifies that a material, substance or object can still be "packaging" even if it is sold or distributed separately from the commodity or product that it will protect, contain or transport.

SECTION 2: [Environmental Management Act, section 11]

• provides that a person must not distribute anything listed in section 11 of the Act, as amended by this Bill, contrary to the Act or the regulations;
• replaces the term "disposable products" with the term "single-use products".

SECTION 3: [Environmental Management Act, section 21] amends regulation-making powers, of both the Lieutenant Governor in Council and the minister, to align with section 11 of the Act.

SECTION 4: [Environmental Management Act, section 22] amends regulation-making powers, of both the Lieutenant Governor in Council and the minister, to align with section 11 of the Act.