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ARTICLE · 23 OCTOBER 2024

Amendments To The BC Environmental Management Amendment Act Expand Environmental Clean-Up Obligations

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Recent amendments to the Environmental Management Act, S.B.C. 2003, c. 53 (the "EMA") in the form of Bill 29 will broaden the scope of the "polluter pays" principle by increasing obligations of owners and operators of industrial projects for environmental cleanup.

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Recent amendments to the Environmental Management Act, S.B.C. 2003, c. 53 (the "EMA") in the form of Bill 29 will broaden the scope of the "polluter pays" principle by increasing obligations of owners and operators of industrial projects for environmental cleanup.

The new requirements will come into force following the implementation of the accompanying regulatory framework. Bill 29 follows the Province's Public Interest Bonding Strategy, a project introduced by the Ministry of Environment and Climate Change Strategy that aims to ensure sufficient funds are available for the environmental costs associated with the decommissioning and closure of industrial projects in addition to supporting responsible industry production and investment. Notably, the amendments broaden the powers of the Province to order an owner or operator to provide security in relation to decommissioning and closure obligations.

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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