144_2004 — Spheres of Concurrent Jurisdiction — Environment and Wildlife Regulation

1

Interpretation

s. 1 — Definition

In this regulation, Act means the Community Charter.

2

Pest Management

s. 1.1 — Definitions for Part 2

In this Part:

s. 1.1 — alien invasive species

alien invasive species means the species listed in sections 1 and 2 of the Schedule;

s. 1.1 — dangerous wildlife

dangerous wildlife has the same meaning as in the Wildlife Act;

s. 1.1 — excluded pesticide

excluded pesticide has the same meaning as in the Integrated Pest Management Regulation, B.C. Reg. 604/2004.

s. 2 — Municipal jurisdiction in relation to the environment and wildlife

s. 2(1)

For the purposes of section 9 (4) (a) (i) of the Act, a municipality may,

s. 2(1)(a)

under section 8 (3) (j) of the Act, regulate, prohibit and impose requirements in relation to polluting or obstructing, or impeding the flow of, a stream, creek, waterway, watercourse, waterworks, ditch, drain or sewer, whether or not it is located on private property,

s. 2(1)(b)

regulate, prohibit and impose requirements in relation to,

s. 2(1)(b)(i)

under section 8 (3) (j) of the Act, the sale of wild flowers,

s. 2(1)(b)(ii)

subject to subsection (2), under section 8 (3) (j) of the Act, the application of pesticides, except excluded pesticides, for the purpose of maintaining outdoor trees, shrubs, flowers, other ornamental plants and turf on a parcel or a part of a parcel if the parcel or part is used for residential purposes, or on land vested in the municipality,

s. 2(1)(b)(iii)

under section 8 (3) (j) and (k) of the Act, the control and eradication of alien invasive species, and

s. 2(1)(b)(iv)

under section 8 (3) (k) of the Act, the control of wildlife species listed in Schedule B or C to the Designation and Exemption Regulation, B.C. Reg. 168/90, and

s. 2(1)(c)

under section 8 (3) (k) of the Act, regulate, prohibit and impose requirements respecting the feeding or attracting of dangerous wildlife or members of the family Cervidae.

s. 2(2)

For the purposes of section 9 (4) (b) of the Act, a municipality may not exercise the authority under subsection (1) (b) (ii) of this regulation in relation to the application of pesticides

s. 2(2)(a)

for the management of pests that transmit human diseases or impact agriculture or forestry,

s. 2(2)(b)

on the residential areas of farms,

s. 2(2)(c)

to buildings or inside buildings, or

s. 2(2)(d)

on land used for agriculture, forestry, transportation, public utilities or pipelines unless the public utility or pipeline is vested in the municipality.

s. 2(3)

For the purposes of subsection 9 (4) (b) of the Act, the exercise of the authority under subsection (1) (c) is subject to the condition that the bylaw must exempt from its application all the following:

s. 2(3)(a)

a person who is engaging in hunting or trapping wildlife in accordance with the Wildlife Act and its regulations;

s. 2(3)(b)

a farm operation, as defined in section 1 of the Farm Practices Protection (Right to Farm) Act, that

s. 2(3)(b)(i)

is conducted on, in or over land anywhere in British Columbia, and

s. 2(3)(b)(ii)

meets the requirements set out in section 2 (2) (a) and (c) of that Act;

s. 2(3)(c)

a facility for the disposal of waste that is operated in accordance with the Environmental Management Act by a municipality, a regional district, an improvement district that has as an object the disposal of sewage or refuse or the provision of a system for the disposal of sewage or refuse or the Greater Vancouver Sewerage and Drainage District.

3

Single-use and Plastic Waste Prevention

s. 3 — Definitions for Part 3

In this Part:

s. 3 — biodegradable plastic

biodegradable plastic means any type of plastic that is, or is held out to be, biodegradable;

s. 3 — business operator

business operator means a person who, in the ordinary course of business, sells a commodity or product, whether by wholesale or retail;

s. 3 — care facility

care facility means any of the following:

s. 3(a)

an assisted living residence as defined in section 1 of the Community Care and Assisted Living Act;

s. 3(b)

a community care facility as defined in section 1 of the Community Care and Assisted Living Act;

s. 3(c)

a hospital as defined in section 1 of the Hospital Act;

s. 3(d)

a private hospital as defined in section 4.1 of the Hospital Act;

s. 3(e)

a Provincial mental health facility as defined in section 1 of the Mental Health Act;

s. 3 — compostable plastic

compostable plastic means any type of plastic that is, or is held out to be, compostable;

s. 3 — correctional facility

correctional facility means a lawful place of confinement, including, without limitation, a jail, prison, lockup, place of imprisonment, camp or correctional institution, and any land connected with it;

s. 3 — customer

customer includes a person to whom a commodity or product is distributed for free;

s. 3 — fish

fish means fish as defined in section 1 of the Fish and Seafood Act;

s. 3 — food service accessory

food service accessory means any of the following products:

s. 3(a)

a beverage cup lid;

s. 3(b)

a beverage cup sleeve;

s. 3(c)

a condiment;

s. 3(d)

a drinking straw;

s. 3(e)

a garnish;

s. 3(f)

a napkin;

s. 3(g)

a utensil;

s. 3(h)

a wet wipe;

s. 3 — food service provider

food service provider means a person

s. 3(a)

who, in the ordinary course of business, prepares and serves food or beverages to individuals, or

s. 3(b)

in the case of a person who is not a business operator, whose activities ordinarily include preparing and serving food or beverages to individuals who are not members of the person's household;

s. 3 — food service ware

food service ware means any of the following types of container or packaging:

s. 3(a)

a bowl;

s. 3(b)

a box or carton, including an egg carton;

s. 3(c)

a cup;

s. 3(d)

a hinged or lidded container;

s. 3(e)

a plate;

s. 3(f)

a platter;

s. 3(g)

a tray;

s. 3(h)

film wrap;

s. 3 — oxo-degradable plastic

oxo-degradable plastic means a plastic that contains an additive that, through oxidation, leads to chemical decomposition or to the fragmentation of the plastic material into microfragments;

s. 3 — packaging

packaging, except in section 9 (4) (b), means packaging as defined in section 1 (1) of the Environmental Management Act;

s. 3 — plastic

plastic includes any type of compostable plastic and any type of biodegradable plastic;

s. 3 — prepare

prepare, when used in relation to food or beverages, means

s. 3(a)

cook, slice, chop, mix, brew, squeeze or otherwise make ready to eat or drink, or

s. 3(b)

remove from a container or packaging and place or repackage in a different container or package;

s. 3 — recycled paper bag

recycled paper bag means a paper bag

s. 3(a)

that is composed of at least 40% recycled paper content, and

s. 3(b)

on the outside of which is printed a reference to the applicable percentage of recycled content and the word "recyclable";

s. 3 — restricted material

restricted material means any of the following materials:

s. 3(a)

biodegradable plastic;

s. 3(b)

compostable plastic;

s. 3(c)

polystyrene foam;

s. 3(d)

polyvinyl chloride;

s. 3(e)

polyvinylidene chloride;

s. 3 — reusable bag

reusable bag means a bag that is manufactured to be used and machine-washed at least 100 times;

s. 3 — sell

sell includes offer for sale;

s. 3 — shopping bag

shopping bag means a bag that is distributed or sold by a business operator for the purpose of facilitating the transport of a commodity or product that is distributed or sold by the business operator, from the business operator's place of business;

s. 3 — single-use

single-use, when used in reference to an item, means the item is ordinarily disposed of after a single use or short-term use, whether or not it could be reused;

s. 3 — splash plug

splash plug means any type of plug manufactured to prevent a beverage from spilling from the lid of its container;

s. 3 — used bag

used bag means a bag that has been previously used and is being reused;

s. 3 — utensil

utensil includes a spoon, fork, knife, chopstick, stir stick and splash plug.

s. 4 — Application

The authority to establish a prohibition under section 10, 11 or 12 does not apply to food service accessories sold by a food service provider in quantities of 20 or more.

s. 5 — Authority of municipality

For the purposes of section 9 (4) (a) (i) of the Act, a municipality may, under section 8 (3) (j) of the Act, regulate, prohibit and impose requirements in relation to the protection of the natural environment in accordance with this Part.

s. 6 — Packaging and single-use products composed of oxo-degradable plastic

s. 6(1)

A municipality may prohibit a business operator from distributing or selling packaging, or a single-use product, that is wholly or partly composed of oxo-degradable plastic.

s. 6(2)

For the purposes of section 9 (4) (b) of the Act, the exercise of the authority under subsection (1) is subject to the condition that the bylaw must exclude from its application all of the following:

s. 6(2)(a)

a device as defined in the Pharmaceutical Services Act;

s. 6(2)(b)

packaging or a single-use product intended for sale or distribution to a person outside British Columbia.

s. 7 — Shopping bags

s. 7(1)

A municipality may do any of the following:

s. 7(1)(a)

prohibit a business operator from distributing or selling a shopping bag other than a recycled paper bag or reusable bag;

s. 7(1)(b)

require that a business operator report to the municipality respecting the sale or distribution of shopping bags.

s. 7(2)

For the purposes of section 9 (4) (b) of the Act, the exercise of the authority under subsection (1) (a) is subject to the following conditions:

s. 7(2)(a)

the bylaw must permit a business operator to provide a recycled paper bag or reusable bag on payment of a charge for the bag, as follows:

s. 7(2)(a)(i)

at least $0.25 for each recycled paper bag;

s. 7(2)(a)(ii)

at least $2 for each reusable bag;

s. 7(2)(b)

the bylaw must include an exemption from the payment of the charge if any of the following apply:

s. 7(2)(b)(i)

the bag is a used bag;

s. 7(2)(b)(ii)

the bag is a paper bag that is less than 15 cm by 20 cm when flat;

s. 7(2)(b)(iii)

the bag is a recycled paper bag and is distributed to facilitate the transport of any of the following:

s. 7(2)(b)(iii)(A)

a drug specified in Schedule I, IA, II or III of the Drug Schedules Regulation;

s. 7(2)(b)(iii)(B)

a device as defined in the Pharmaceutical Services Act;

s. 7(2)(b)(iv)

the business operator is a food service provider, and the bag is a recycled paper bag that is distributed for any of the following purposes:

s. 7(2)(b)(iv)(A)

to facilitate the transport of food or beverages that are prepared by the business operator and purchased for delivery;

s. 7(2)(b)(iv)(B)

to contain prepared food or beverages served to a customer through a window at a drive-through restaurant;

s. 7(2)(b)(v)

the bag

s. 7(2)(b)(v)(A)

is a recycled paper bag, reusable bag or used bag, and

s. 7(2)(b)(v)(B)

contains food, beverages or personal hygiene products that are to be provided directly or indirectly to an individual for free or at reduced cost by a society or by a registered charity as defined in section 248 (1) of the Income Tax Act (Canada).

s. 8 — Bag charge not a fee payable to municipality

An amount referred to in section 7 (2) (a) must not be collected by the municipality as a fee payable to the municipality.

s. 9 — Food service ware composed of specified material

s. 9(1)

A municipality may do any of the following:

s. 9(1)(a)

prohibit a food service provider from distributing or selling food or beverages if the food or beverages are

s. 9(1)(a)(i)

prepared by the food service provider for takeout, delivery or immediate consumption, and

s. 9(1)(a)(ii)

contained or packaged in food service ware that is wholly or partly composed of a restricted material specified in the bylaw;

s. 9(1)(b)

prohibit a business operator from distributing or selling food or beverages that are contained or packaged in food service ware that is wholly or partly composed of a restricted material specified in the bylaw;

s. 9(1)(c)

prohibit a business operator from distributing or selling food service ware that is wholly or partly composed of a restricted material specified in the bylaw.

s. 9(2)

For the purposes of section 9 (4) (b) of the Act, the exercise of the authority under subsection (1) (a) is subject to the condition that the bylaw must, subject to subsection (5), exclude from its application all of the following:

s. 9(2)(a)

food service ware that is wholly composed of paper or a plant fibre material and lined with compostable plastic;

s. 9(2)(b)

food or beverages intended for sale or distribution to a person outside British Columbia;

s. 9(2)(c)

film wrap that is wholly composed of polyvinyl chloride.

s. 9(3)

For the purposes of section 9 (4) (b) of the Act, the exercise of the authority under subsection (1) (b) is subject to the condition that the bylaw must, subject to subsections (5) and (6), exclude from its application all of the following:

s. 9(3)(a)

food or beverages intended for sale or distribution to a person outside British Columbia;

s. 9(3)(b)

film wrap that is wholly composed of polyvinyl chloride;

s. 9(3)(c)

a tray that is wholly composed of polystyrene foam and used to contain any of the following types of food, whether fresh or frozen:

s. 9(3)(c)(i)

raw meat;

s. 9(3)(c)(ii)

raw poultry;

s. 9(3)(c)(iii)

raw fish in a state not ready to be eaten.

s. 9(4)

For the purposes of section 9 (4) (b) of the Act, the exercise of the authority under subsection (1) (c) is subject to the condition that the bylaw must, subject to subsections (5) and (6), exclude from its application all of the following:

s. 9(4)(a)

food service ware intended for sale or distribution to a person outside British Columbia;

s. 9(4)(b)

food service ware sold or distributed to a business operator for the purpose of containing or packaging food or beverages intended for sale to a person outside British Columbia;

s. 9(4)(c)

film wrap that is wholly composed of polyvinyl chloride;

s. 9(4)(d)

a tray that is wholly composed of polystyrene foam and sold or distributed to a business operator for the purpose of containing any of the following types of food, whether fresh or frozen:

s. 9(4)(d)(i)

raw meat;

s. 9(4)(d)(ii)

raw poultry;

s. 9(4)(d)(iii)

raw fish in a state not ready to be eaten.

s. 9(5)

An exclusion referred to in subsection (2) (c), (3) (b) or (4) (c) must cease to apply on July 1, 2028.

s. 9(6)

An exclusion referred to in subsection (3) (c) or (4) (d) must cease to apply on July 1, 2030.

s. 10 — Single-use food service accessories

s. 10(1)

A municipality may prohibit a food service provider from distributing or selling a single-use food service accessory.

s. 10(2)

For the purposes of section 9 (4) (b) of the Act, the exercise of the authority under subsection (1) is subject to the condition that the bylaw must provide an exception permitting the distribution or sale of a single-use food service accessory in any of the following circumstances:

s. 10(2)(a)

a customer requests, or accepts an offer of, the food service accessory, including by making a request or accepting an offer electronically;

s. 10(2)(b)

the food service accessory is made available in a self-service manner;

s. 10(2)(c)

the food service accessory is a beverage cup lid and is distributed with a beverage that is

s. 10(2)(c)(i)

purchased for delivery, or

s. 10(2)(c)(ii)

served through a window to a customer at a drive-through restaurant;

s. 10(2)(d)

the food service accessory is distributed or sold at a care facility for use by a person admitted to or receiving assistance, care, supervision, treatment, maintenance or rehabilitation at the care facility;

s. 10(2)(e)

the food service accessory is a utensil for use by a person confined in a correctional facility and at risk of self-harm or harming another person.

s. 11 — Plastic single-use utensils

s. 11(1)

A municipality may prohibit a food service provider from distributing or selling a single-use utensil that is wholly or partly composed of plastic.

s. 11(2)

For the purposes of section 9 (4) (b) of the Act, the exercise of the authority under subsection (1) is subject to the condition that the bylaw must provide an exception permitting the distribution or sale of a single-use utensil wholly or partially composed of plastic for use by a person confined in a correctional facility and at risk of self-harm or harming another person.

s. 12 — Bundled single-use food service accessories

s. 12(1)

A municipality may prohibit a food service provider from distributing or selling a single-use food service accessory that is bundled or pre-packaged together with one or more other single-use food service accessories.

s. 12(2)

For the purposes of section 9 (4) (b) of the Act, the exercise of the authority under subsection (1) is subject to the condition that the bylaw must provide an exception permitting the distribution or sale, at a care facility, of a single-use food service accessory that is bundled or pre-packaged together with one or more other single-use food service accessories for use by

s. 12(2)(a)

a person admitted to the care facility, or

s. 12(2)(b)

a person receiving assistance, care, supervision, treatment, maintenance or rehabilitation at the care facility.

Schedule

Schedule 1 The following species are, for the purposes of this regulation, alien invasive species. Plants Annual Sow Thistle (Sonchus oleraceus) Canada Thistle (Cirsium arvense) Common Crupina (Crupina vulgaris) Common Toadflax (Linaria vulgaris) Dalmatian Toadflax (Linaria dalmatica) Diffuse Knapweed (Centaurea diffusa) Dodder (Cuscuta spp.) Gorse (Ulex europaeus) Hound's-tongue (Cynoglossum officinale) Jointed Goatgrass (Aegilops cylindrica) Leafy Spurge (Euphorbia esula) Perennial Sow Thistle (Sonchus arvensis) Purple Nutsedge (Cyperus rotundus) Rush Skeletonweed (Chondrilla juncea) Scentless Chamomile (Matricaria maritima) Spotted Knapweed (Centaurea maculosa) Tansy Ragwort (Senecio jacobaea) Velvetleaf (Abutilon theophrasti) Wild Oats (Avena fatua) Yellow Nutsedge (Cyperus esculentus) Yellow Starthistle (Centaurea solstitialis) Terrestrial Vascular Plants Smooth brome grass Downy brome grass Orchard grass (coast) Scotch broom Spurge laurel Common barnyard grass English ivy St. John's wort Himalayan blackberry Yellow salsify Common Crupina Bull thistle Nodding thistle Giant knotweed Kudzu Japanese knotweed Giant knotweed Giant hogweed Poison hemlock Yellow toadflax Carpet burweed Baby's breath Parasitic Dodder Himalayan Balsam Saltcedar Garlic Mustard Fresh Water/Riparian Vascular Plants Flowering rush Purple loosestrife Eurasian watermilfoil Common reed Curly pondweed Reed canary grass Yellow flag Hydrilla Invertebrates Gypsy Moth Blueberry Maggot Balsam Woolly Adelgid Japanese Cedar Longhorn Beetle Japanese Beetle Pine Shoot Beetle Asian Long-horned Beetle Cereal Leaf Beetle Daylily Midge European Chafer European Brown Garden Snail Oriental Fruit Moth Apple Maggot Plum Curculio Vertebrates Bullfrog (Rana catesbeiana) Green Frog (Rana clamitans) Rock Dove (Columba livia) European Starling (Sturnus vulgaris) House Sparrow (Passer domesticus) North American Opossum (Didelphis virginiana) European Rabbit (Oryctolagus cuniculus) Eastern Cottontail (Sylvilagus floridanus) Nutria (Myocastor coypu) Gray Squirrel (Sciurus carolinensis) Fox Squirrel (Sciurus niger) 2 The species set out in column 1 of Table 1 are, for the purposes of this regulation, alien invasive species in a regional district set out opposite in column 2. Table 1