The Administrative Penalties (Water Sustainability Act) Regulation, introduced as B.C. Reg. 1/2024 under the Water Sustainability Act, was enacted following an order in council approved by the Executive Council on January 12, 2024. The regulation establishes a framework for enforcing compliance with the Water Sustainability Act by imposing administrative monetary penalties on individuals or entities that violate the Act or its associated regulations.

The regulation clearly defines key terms such as “administrative monetary penalty notice” and “contravention or failure” to clarify the scope of enforcement. A contravention or failure includes violations of the Act or its regulations, non-compliance with orders issued under the Act, or failure to meet the conditions of permits or approvals granted under the Act. The regulation also specifies which sections of the Water Sustainability Act and its related regulations can trigger penalties if violated.

The regulation outlines two levels of maximum penalties based on the severity of the contravention. Fines of up to $100,000 apply to most sections of the Water Sustainability Act, while more severe violations, such as those involving water diversion, sensitive streams, or environmental protection orders, can result in fines of up to $500,000. Additionally, if a violation continues for multiple days, separate penalties can be imposed for each day the contravention persists, emphasizing the need for timely corrective actions.

Specific provisions from the Dam Safety Regulation and the Groundwater Protection Regulation are included in the penalty framework. Violations related to dam safety, groundwater protection, and water resource management can lead to penalties ranging from $100,000 to $500,000, depending on the severity of the offense and the potential environmental impact. For example, failure to comply with dam safety protocols can lead to significant penalties due to the catastrophic consequences that dam failures might cause. Similarly, improper well drilling or failure to protect groundwater can result in substantial fines, given the importance of safeguarding sensitive water resources.

When determining the appropriate penalty, the regulation requires the comptroller to consider several factors. These include whether the offender is an individual or corporation, the degree of cooperation during inspections, and the gravity of the violation, particularly if it caused environmental harm or affected the rights of others. The history of the offender’s previous violations or penalties, whether the contravention was intentional, repeated, or continuous, and any economic benefits gained from the violation are also considered in determining the penalty amount. This framework ensures that penalties serve both punitive and corrective purposes, promoting adherence to environmental laws while discouraging future violations.

The regulation establishes a limitation period of three years for issuing an administrative penalty notice. This means that the comptroller has up to three years from the time the violation was discovered to issue the notice, ensuring timely enforcement and due process.

British Columbia (1/2024) January 16/2024