BC's Public Interest Bonding Strategy Expands The Reach Of "Polluter Pays"

The Public Interest Bonding Strategy ("Strategy") was created to ensure owners of large industrial projects pay for environmental clean-up if projects are not fully decommissioned or are abandoned. The Strategy is being developed in two phases: Phase 1 addresses foreseen clean-up costs of new and existing facilities permitted under BC's Environmental Management Act ("EMA") and Phase 2 will address unforeseen clean-up costs of facilities permitted under the EMA, and foreseen costs of facilities authorized under other legislation. The Ministry of Environment and Climate Change Strategy ("Ministry") launched consultations on the Strategy in 2022.

Amendments to the EMA("EMA Amendments") implementing the first stage of Phase 1 were introduced in November 2023 but have not yet entered into force. The Province has begun engagement on the next stage of Phase 1, which will inform the regulations needed to bring the EMA Amendments into force. The engagement was launched in