B.C. Government Enforces 'Polluter Pays' Principle With Environmental Management Act

On November 8, 2023, proposed amendments to British Columbia's Environmental Management Act, SBC 2003, c 53 (EMA) received royal assent.

This article updates our earlier blog post, "The 'polluter pays' principle: Proposed amendments to the Environmental Management Act may usher in a new era for B.C. industrial companies," which summarized the proposed amendments and how they might affect regulated entities.

The article reviews the recent amendments to the EMA in British Columbia, which aim to enforce the "polluter pays" principle and make owners of specified facilities responsible for environmental cleanup and decommissioning. The article explains who is considered an owner, what types of facilities are subject to the new requirements, and what obligations and risks owners may face under the amended EMA. It also provides some background and context for the amendments and their potential implications for regulated entities.