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Environmental Management Act, Sections 59, 115, 117, And 119(1)

In This Volume

Environmental Management Act, S.B.C. 2003, c. 53

For information about liens for the recovery of remediation costs under the Act, see chapter 38 (Environmental Management Act, S.B.C. 2003, c. 53) in this Manual.

A director may determine that a person is required to pay an administrative penalty in a specified amount for contravention of a prescribed provision, failure to comply with an order, failure to comply with a requirement of a permit or approval, or failure to comply with a term or condition of a conditional PRO certificate or a PRO certificate for spill preparedness and response (as those terms are defined in s. 91.1).

The Act provides if a person has not paid the full amount of a monetary penalty imposed by the general manager, the general manager may issue a certificate setting out the amount unpaid.

  • Nature of Interest: The amount unpaid is a debt due to the government.
  • Procedure for Enforcement: The director may file the certificate with a court that has jurisdiction.
  • Electronic Submissions: On the Form 17 Charge, Notation or Filing, select Nature of Interest, Judgment, and attach an image of the original certificate under the Environmental Management Act.
  • Effect of Filing: Certificate, once filed and until varied, cancelled, or suspended, has the same effect as a judgment of the court for the recovery of debt.