Regulations Reading Room

Regulations governing air quality in the Sea-to-Sky region involve all levels of government. Listed below are the full-text regulations applicable to air quality from each of these levels of government (federal, provincial, and regional/municipal). If you are interested in the “on-the-ground” application of these regulations, please see Can I Burn Today?, Vehicle Anti-Idling or Wood-burning Appliances in the Regulations menu.

Federal Government

Canadian Environmental Protection Act (CEPA)

The federal government has legal authority under the Canadian Environmental Protection Act (CEPA) to enforce nation-wide regulations that most often (but not always) target emission limits or levels of substances in fuels or industrial practices. For example, there are regulations which cover the levels of sulphur or benzene in gasoline, or vehicle & engine emission limits. Because these regulations tend to target sources of pollution and not ambient air quality, they are usually ‘taken for granted’ by the average citizen (i.e. the gasoline you buy at your local gas station meets the standard, so you just fill up and go).

Click here to read CEPA or to find out more details.

Provincial Government

Environmental Management Act (EMA)

The B.C. Ministry of Environment has authority to manage air quality within its boundaries under theEnvironmental Management Act. It was brought into force on July 8, 2004, and replaced the oldWaste Management Act and the Environment Management Act and brought provisions from both of those acts into one statute. The Greater Vancouver Regional District has been delegated the authority by the Province within EMA to manage air quality within GVRD boundaries.

The EMA has provisions to allow the minister to order, if considered advisable for the purposes of environmental management in an area, the development of an area based management plan as well as a process for doing so. In most cases, however, area-based planning is done on a voluntary, collaborative basis, as it is done in the Sea-to-Sky Airshed.

Click here to read EMA or to find out more details.

Clean Air Provisions within EMA provide vehicle, fuel, solid-fuel burning domestic appliances (e.g. woodstoves), and burning regulations:

Motor Vehicle Emissions Control Warranty Regulation
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Cleaner Gasoline Regulation
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Solid Fuel Burning Domestic Appliance Regulation
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Open Burning Smoke Control Regulation
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Within the EMA, the Waste Discharge Regulation puts in place provisions which state that only certain or prescribed industries, trades, businesses, activities or operations require an authorization (ie. permits) to introduce waste (including air pollutants) into the environment. All other industries and practices not requiring an authorization instead follow Codes of Practice or Regulations.

Waste Discharge Regulation
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Regional and Municipal Governments

Under the Community Charter, municipalities have the most flexibility (compared with regional districts) to develop bylaws related to activities causing air quality problems (backyard burning, anti-idling, etc).

The Community Charter is available to read here.

The fundamental powers laid out in the Community Charter allow municipalities to develop bylaws through powers relating to municipal services (e.g. yard waste collection), nuisances and disturbances (e.g. smoke and odour), protection of the natural environment, or public health. Protection of the natural environment and public health fall under the spheres of concurrent authority with the Provincial Government, and require additional consideration.

Regional Districts do not have as much flexibility as municipalities to develop air quality related bylaws. Regional District bylaw authority is governed under the Local Government Act. In most cases, regional districts wishing to address air quality issues in their bylaws do so in their management of solid waste (e.g. controlling wood waste and thereby open burning). It may also be possible for regional districts to address air quality issues indirectly through bylaws related to public health or fire protection, although this is not typically the primary intention.

The Local Government Act is available to read here.