Environmental Management Act (EMA)
The Environmental Management Act (EMA) was brought into force on July 8, 2004. The Act replaces the old Waste Management Act and the Environment Management Act and brings provisions from both of those acts into one statute.
EMA now provides a more flexible authorization framework, increases enforcement options and uses modern environmental management tools to protect human health and the quality of water, land and air in British Columbia. EMA also enables the use of administrative penalties, informational orders and economic instruments to assist in achieving compliance.
Authorizations Under EMA
One of the major changes brought forward with EMA is the way in which the ministry authorizes the introduction of waste into the environment. Under the old Waste Management Act section 3(2) and 3(3) all introductions of waste to the environment, whether from a pulp mill or a car wash, required some form of authorization such as a permit or approval. Under section 6(2) and 6(3) of EMA, only introductions of waste from “prescribed” industries, trades, businesses, operations and activities require authorization. Industries, trades, businesses, operations and activities are “prescribed” in the Waste Discharge Regulation. If an industry, trade, business, activity or operation is not “prescribed” by the regulation, it does not require an authorization to introduce waste into the environment; however, the discharge must not cause pollution (EMA section 6(4)).
Waste Discharge Regulation
The Waste Discharge Regulation (WDR), which was also brought into force on July 8, 2004, “prescribes” industries, trades, businesses, activities and operations for the purposes of EMA section 6(2) and 6(3). These industries, trades, businesses, activities and operations are listed in Schedule 1 and 2 of the regulation. Industries, trades, businesses, activities and operations listed on Schedule 1 require an authorization, which could be in the form of a permit, an approval, a regulation, an operational certificate, an order or a waste management plan, to introduce waste into the environment. Introductions of waste into the environment from industries, trades, businesses, activities and operations listed on Schedule 2 are eligible to be authorized by a minister’s code of practice.
The Waste Discharge Regulation (WDR) Implementation Guide (PDF/593 KB) has been developed to provide general guidance on WDR.
The purpose of this document is to:
- provide guidance to ministry staff and others in the application of the Waste Discharge Regulation (WDR);
- assist persons discharging waste within B.C. to determine their obligations under the WDR;
- help to ensure appropriate consistency among decision-makers when preparing and making decisions under the WDR; and
- promote clarity, transparency and accountability in the exercise of statutory functions.
It is important to note that this guide does not have the force of the law, it is only a guide to inform the exercise of statutory decision.
Minister's Codes of Practice
Codes of practice are ‘minister’s regulations’, which are legally enforceable standards which may apply to industries, trades, businesses, activities or operations listed in Schedule 2 of the Waste Discharge Regulation.
Minister’s codes of practice will provide certainty to users and streamline the Ministry’s authorization process. Codes are intended to have a results-based focus where possible.
The Ministry is currently in the process of developing codes of practice and reviewing existing regulations. For more information on code of practice development and regulatory reviews, visit:
If a minister’s code of practice has not been developed for specific industries, trades, businesses, activities and operations listed in Schedule 2, authorizations such as permits, approvals, plans, are still required.
Questions and Answers
What is the Environmental Management Act (EMA)?
The EMA combines the Waste Management Act and the Environment Management Act to provide a more organized single piece of legislation. The new EMA provides for innovative tools for environmental protection such as Area Based Planning and Administrative Monetary Penalties.
EMA includes provisions that make changes to the contaminated sites regime in response to the Minister's Advisory Panel on Contaminated Sites and stakeholder consultation.
What was wrong with the old act?
The old act was based on the outdated system of requiring everyone to have authorization to discharge waste regardless of their business or the risk to the environment. Everything — from car washes to pulp mills — was treated the same.
Does the Environmental Management Act lessen pollution standards?
Absolutely not. These changes don't reduce environmental protection and no one who was previously barred from polluting will now be able to pollute.
Are there new or increased fees under the Environmental Management Act?
These regulations will not increase the fee structure.
But was there not an increase in permit fees earlier this year?
Yes, we did revise a variety of fees, such as waste discharge permit fees, to cover more of the cost of delivery of programs. The majority of those fees had not seen an increase in over 12 years.
Waste Discharge Regulation (WDR)
The Waste Discharge Regulation puts in place new provisions in the EMA which state that only certain or prescribed industries, trades, businesses, activities or operations require an authorization to introduce waste into the environment.
How did the old Waste Management Act (WMA) work?
Under the WMA, all introductions of waste into the environment required an authorization. Under EMA, authorizations will be required only by prescribed industries, businesses, trades, and operations that introduce waste into the environment.
What are some of these prescribed operations?
In general, prescribed operations are those considered high or medium risk to the environment. While low risk operations that are not prescribed do not require an authorization to introduce waste into the environment, they still cannot cause pollution.
Shouldn't all activities that discharge waste into the environment be regulated and/or require a permit?
High risk operations will still require permits or will be governed by codes of practice or regulations that will apply industry wide. Only the lowest risk operations will not require a waste discharge authorization — these operations will still be prohibited from polluting.
Can you give examples of the three risk categories?
Low risk includes operations such as dog kennels and car washes. Medium risk includes operations such as the concrete and concrete products industry and the fruit and vegetable industry. High risk operations include pulp mills, mines and smelters.
What is a code of practice?
A code of practice is a regulation issued by the minister. It is a legally binding and enforceable set of rules that must be followed by the specified industry. The code tells industry what is expected of them and the level of environmental protection they are expected to provide. Violation of the code can lead to enforcement action.
What else does the WDR do?
It outlines a registration and fee payment process for operations that are eligible to seek a waste discharge authorization through a code of practice.
It also allows the Minister, the Director or an applicant to make substitutions to a code of practice should that be necessary to protect the public or the environment or if the intent of the code of practice will be met. Substitution applications are subject to a comprehensive public notification requirement.
Did you hold consultations in development of this new regulation?
Yes. Ministry staff held discussions with numerous parties, including industry, environmental groups, other ministries, government agencies and local governments.
Most are in favour of the changes as they are in favour of government putting its resources to where they are most needed.