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In This Volume

  • 85.1 (1) In this section:
  • “director” has the same meaning as in the Environmental Management Act;
  • “registrar” has the same meaning as in section 39 of the Environmental Management Act;
  • “site disclosure statement” has the same meaning as in section 39 of the Environmental Management Act;
  • “specified building permit application” means an application for a building permit for which a site disclosure statement must be provided under section 40(1)(b) of the Environmental Management Act;
  • “specified development permit application” means an application for a development permit for which a site disclosure statement must be provided under section 40(1)(b) of the Environmental Management Act;
  • “specified subdivision application” means an application for subdivision for which a site disclosure statement must be provided under section 40(1)(a) of the Environmental Management Act;
  • “specified zoning application” means an application for zoning for which a site disclosure statement must be provided under section 40(1)(b) of the Environmental Management Act.
  • (2) An approving officer must not approve a specified subdivision application with respect to a site, unless both of the following are satisfied:
  • (a) the approving officer has
    • (i) received the site disclosure statement required under section 40(1)(a) of the Environmental Management Act for the application, and
    • (ii) in accordance with section 40(4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar;
  • (b) the approving officer has received one of the following:
    • (i) notice from a director that an investigation of the site is not required under section 40.1(2) [investigations required with provision of site disclosure statement] or 41 [site investigations] of the Environmental Management Act;
    • (ii) a final determination under section 44 [determination of contaminated sites] of the Environmental Management Act that the site is not a contaminated site;
    • (iii) notice from a director that the approving officer may approve the application because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;
    • (iv) notice from a director that the director has received a remediation plan supporting independent remediation of the site;
    • (v) notice from a director that the director has entered into a voluntary remediation agreement with respect to the site;
    • (vi) a valid and subsisting approval in principle or certificate of compliance under section 53 [approvals in principle and certificates of compliance] of the Environmental Management Act with respect to the site.
  • (3) Despite subsection (2), an approving officer may approve a specified subdivision application for a proposed development at a site if
  • (a) the person who made the application makes one or more of the following applications, for the same proposed development at the same site, to the applicable municipality, regional district or local trust committee under the Islands Trust Act:
    • (i) a specified zoning application;
    • (ii) a specified development permit application;
    • (iii) a specified building permit application, and
  • (b) the municipality, regional district or local trust committee has
    • (i) received the site disclosure statement required under section 40(1)(b) of the Environmental Management Act for the specified zoning application, specified development permit application or specified building permit application, as applicable, and
    • (ii) in accordance with section 40(4) of the Environmental Management Act, assessed the site disclosure statement and forwarded it to the registrar.

2003-53-156, effective July 8, 2004 (B.C. Reg. 317/2004); 2019-19-42, effective February 1, 2021 (B.C. Reg. 161/2020).

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Part 4 of the Environmental Management Act provides for the remediation of contaminated sites and creates a duty to identify such sites through the completion and delivery of site disclosure statements. Relevant provisions of the Act and regulations are included at chapter 38 (Environmental Management Act, S.B.C. 2003, c. 53) in this Manual.