Monday, December 7, 2009

Air pollution in British Columbia


Provincial air quality law
Provincial environmental regulation is largely contained in BC's Environmental Management Act, which defines air pollution as follows:
"pollution" means the presence in the environment of substances or contaminants that substantially alter or impair the usefulness of the environment[edit] Federal air quality law
Federal pollution law is largely embodied in the Canadian Environmental Protection Act (CEPA) and its associated schedules. The act of scheduling a toxin under CEPA starts a process of elimination or virtual elimination from the Canadian environment.
The National Pollutant Release Inventory indexes sources by pollutant and location.
Pollution law governing emissions from marine vessels is complicated; Transport Canada holds primary authority for regulating ship traffic in Canada, while the International Maritime Organization governs global shipping rules (including pollution from marine vessels). Environment Canada and other agencies are working to better understand and address this issue, which is increasingly important due to growing international tradeRegional and municipal air quality law
Within the province, various Regional Districts and municipalities have enacted laws to control pollution. There are also area-based plans to manage pollution along geographic lines that recognize airsheds instead of political boundaries. This system is especially relevant to BC because of its mountainous topography. The BC Environmental Management Act recognizes airsheds and notes that managers under the Act "may give consideration" to them, but their full legal status is uncertain. Some plans have had a considerable effect, and this trend is likely to continue.
The Greater Vancouver Regional District (GVRD) has a clearly defined role in air pollution control and has delegated authority from the province (Montreal is the only other jurisdiction in Canada with this delegated authority). The Fraser Valley Regional District has delegated authority to plan but not manage air quality.
British Columbia is a participant in the Canadian Council of Ministers of the Environment (CCME), which includes processes for fine particulates and ground level ozone. Because BC generally has lower levels of pollution than the standards set by the Environmental Protection Act, the CI/KCAC ("Continuous Improvement" and "Keeping Clean Areas Clean") principles of the federal strategy is of special importance.
International law and treaties such as the Kyoto Accord further affect air pollution in BC.
The precautionary principle embodied in international agreements is gaining recognition in Canada and BC as a guide to interpreting pollution law.

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