British Columbia proposes amendments to spill preparedness and response legislation

British Columbia’s Ministry of Environment announced on Monday amendments to the Environmental Management Act (EMA), which, if passed, will establish a “world-leading” spill preparedness and response regime to address environmental emergencies in the province.

The proposed spills regime will ensure effective preparedness, response and recovery measures are in place for hazardous substance spills, from any source, and reflect over three years of engagement with industry, First Nations and local government, the Ministry of Environment said in a statement.

The legislation will establish new requirements for spill preparedness, response and recovery; create new offences and penalties (ranging from $300,000 to $400,000 in fines and possibly a jail term of up to six months); enable the certification of a Preparedness and Response Organization (PRO); and increase transparency, participation and accountability.

Among other items, the amendments will also:

• Create a new category of “regulated persons,” parties who present a spill risk above a certain threshold and who will be required to meet new requirements, including contingency planning requirements;

• Create new requirements for a “responsible person” to prepare and carry out a recovery plan to resolve or mitigate the impacts of a spill – including environmental restoration;

• Require regulated persons to work together with a certified PRO (the regulations may require this; it is not necessarily mandatory);

• Ensure development of area response plans and geographic response plans; and

• Authorize the collection of information – the government can request information about hazardous substances when it is related to the risk of a spill or after a spill to identify all necessary actions needed to protect the environment.

The proposed requirements were first announced in June 2015. If the legislation is passed, key elements of the new spill regime, including an initial set of detailed regulations, will come into effect in 2017. Engagement will continue with all stakeholders during the coming months as regulations are designed, the statement said.

The proposed amendments are based on seven design principles: polluter pays (companies that spill or pose the risk of having a spill should be responsible for the costs associated with preparing for and responding to a spill. This principle is already in effect in B.C. and will not change); risk-based requirements; avoid necessary duplication; a fair and transparent process; opportunities for First Nations and communities in preparedness, response and recovery; strong government oversight; and continuous improvement.

“Our government has always maintained we want economic growth in B.C. while balancing environmental protection, and a world-leading provincial spills regime is the perfect example of this commitment,” said Mary Polak, Minister of Environment, in the statement. “Through this legislation, and the detailed regulations to come, we are working hard to ensure B.C. sets the bar in protecting human health and the environment.”