On February 16, 2024, the British Columbia government enacted B.C. Reg. 24/2024 under several environmental acts, including the Budget Measures Implementation Act, 2023, the Carbon Tax Act, and the Greenhouse Gas Industrial Reporting and Control Act. Approved by Order in Council 70/2024, this legislative change aims at improving the province’s environmental regulations.

One significant aspect of the regulation is the implementation of specific sections (15 to 40, 41(a), (b), (c), (g), and (i), and 42 to 47) of the Budget Measures Implementation Act, 2023. This act is part of the government’s broader strategy to manage its budget effectively while addressing environmental concerns. The activated sections aim to make administrative processes more efficient for environmental compliance and set clearer penalties for non-compliance, reinforcing the government’s commitment to regulating greenhouse gas emissions.

The regulation also includes the repeal of Part 5.1 of the Carbon Tax Regulation (B.C. Reg. 125/2008). This part previously governed specific operational aspects of carbon taxation, and its repeal indicates a shift in the administration of carbon taxation, with a move toward more integrated and efficient regulatory frameworks.

Three significant amendments were made to existing greenhouse gas regulations, starting with the Greenhouse Gas Emission Administrative Penalties and Appeals Regulation (B.C. Reg. 248/2015). The definition of “environmental legislation” was updated to encompass specific acts such as the Environmental Management Act, the Low Carbon Fuels Act, and the Energy Resource Activities Act. New provisions detail the circumstances under which operators face automatic administrative penalties for unmet compliance obligations, with penalties now calculated based on a percentage of the unmet obligation, compounded daily, and capped at three times the unmet obligation amount. The amendments also delineate the process for imposing administrative penalties for various contraventions, setting maximum penalties up to $1,000,000 for serious violations.

Changes to the Greenhouse Gas Emission Control Regulation (B.C. Reg. 250/2015), which was renamed to reflect its focus on emission offset projects. Part 1 was repealed, and definitions related to monitoring periods and sequestration projects were clarified. Sequestration projects are now explicitly defined, emphasizing the importance of carbon storage and the avoidance of emissions. New provisions were added to guide the issuance of offset units and to specify the conditions under which they may be refused.

By implementing specific sections of the Budget Measures Implementation Act, repealing outdated regulations, and amending key greenhouse gas regulations, the government is positioning itself to better address climate change challenges while ensuring that operators adhere to stricter compliance standards. These changes are crucial for promoting sustainable practices and reducing greenhouse gas emissions across various sectors within the province.

British Columbia (24/2024) February 20, 2024