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The Certified Organic Associations of BC provides support for this site: encouraging organic and alternative food production in Canada by improving accessibility to organic farming content online. |
Relevant Acts, Codes & Regulations - Canada & British ColumbiaCustom and Excise • Environment • Farm Practices Protection • Feed • Fertilizers
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Drinking
Water Protection Act
This Act and Regulation have requirements regarding the protection of drinking water quality and regulates domestic water systems (those serving more than one single-family residence).
Drainage,
Ditch and Dyke Act
Administered by MOE, this Act establishes a system for the regulation
and authorization of ditches, watercourses, drainages, and dykes in
BC. For support documentation on this topic refer to BCMAFF's
Agricultural Watercourse Maintenance Policy
Summary
of Guidelines for Canadian Drinking Water Quality
The Guidelines for Canadian Drinking Water Quality are published by
Health Canada. The April
2003 version supersedes all previous versions, including that contained
in the published booklet and is being revised.
Treating
Irrigation & Crop Wash Water for Pathogens ('03 pdf)
Many irrigation and crop wash water supplies are from agricultural drainage
ditches. While ditches are often prone to poor water quality, all surface
water sources may contain pathogens. Due to the extensive diversity
of microorganisms found in the aquatic environment it is expensive to
identify all species for monitoring purposes. Therefore an indicator
organism or surrogate organism that is easily detectable is often used
to identify fecal contamination.
Water
('01)
This report is part of a series establishing water quality criteria for British Columbia. It sets criteria for microbiological indicators, which are bacteria indicating the risk of disease from pathogenic bacteria.
Carbon
Tax Act
The Carbon Tax Act establishes a carbon tax in BC. Carbon tax is a broad
based tax that applies to the purchase or use of fuels, such as gasoline,
diesel, natural gas, heating oil, propane and coal, and the use of combustibles,
such as peat and tires, when used to produce heat or energy. Carbon
tax applies to fuels at different rates depending on their anticipated
carbon emissions, and the tax rates are scheduled to change on July
1, 2011 and 2012. Farmers are required to pay carbon tax on fuel purchased
or used for farming operations.
Environment
and Land Use Act
This Act establishes the Environment and Land Use Committee which recommends
programs to increase environmental awareness, ensures that the natural
environment is considered in land-use and resource development decisions,
etc. The Minister of Environment traditionally chairs the committee.
Orders may be made respecting the environment or land use that may override
other Acts and regulations. It is administered by MOE.
Canadian
Environmental Assessment Act
Environment Canada administers this Act. It applies only to federal
lands, works and undertakings, lands subject to the Indian Act, as well
as lands in respect of which Indians have interests.
Canadian
Environmental Protection Act
Environment Canada with Health Canada administers this Act. It applies
to all lands in Canada and concerns toxic substances, hazardous materials,
new substances, export and import of substances, fuels, international
air pollution, ocean disposal, etc.
Greenhouse
Gas Reduction (Cap and Trade) Act
The Act provides the legislative authority to implement a cap-and-trade
system for GHGs which includes the establishment of reporting and compliance
requirements. It also provides authority for regulations to establish
criteria for projects that qualify as GHG offsets in a regulated offset
system.
Single sites which emit 10,000 tonnes or more of CO2 per year have to
report their emissions, and those which emit 25,000 tonnes or greater
will be regulated. There is currently only one agricultural facility
in BC which emits over 25,000 tonnes per year and a few that emit more
than 10,000 tonnes which are required to report their emissions.
Greenhouse
Gas Reduction Targets Act
The Act commits British Columbia to reductions of GHG emissions (of
2007 levels) by at least 33% by 2020. By 2050 it commits British Columbia
to reductions (of 2007 levels) by at least 80%. Although emissions reductions
for agriculture are not regulated, if agricultural emissions are not
reduced while the rest of society does, the perceived impact of agricultures
contribution to climate change will increase. Under the Act, public sector organizations are required to be carbon
neutral by 2010. Through the Climate Action Charter (separate from the
Act), a large number of Local Governments have agreed to become carbon
neutral and can develop municipal Climate Plans to mitigate emissions.
Through this process Local Governments may encourage reduction of agricultural
GHG emissions in the municipality.
Emission Offsets Regulation
The Regulation sets out the requirements for greenhouse gas reductions
and removals from projects or actions that qualify as emission offsets
for the purpose of fulfilling the provincial governments commitments
to be carbon neutral by 2010.
Farm
Practices in BC - Reference Guide
This guide is composed of a series of factsheets on normal Farm Practices.
Farm
Practices Protection (Right to Farm) Act
Administered by AGRI, this Act provides that farmers on agricultural
land are not liable to legal actions resulting from nuisance complaints
regarding farming activities when they meet certain conditions. The
Act defines a normal farm practice as an activity gthat is conducted
by a farm business in a manner consistent with proper and accepted customs
and standards as established and followed by similar farm businesses
under similar circumstances:
Section 2: protects a farmer from liability in lawsuits alleging nuisance
for odour, noise, dust or other disturbance resulting from a farm operation
if:
In addition, the Act establishes a Farm Industry Review Board to receive complaints regarding odour, noise, dust or other disturbances resulting from farm operations. The Farm Practices Board will hear complaints and determine whether the complaint issue results from a normal farm practice.
Feeds
Act
This Act controls and regulates the sale of animal feeds. The manufacture, sale or importation into Canada of any feed must be registered, packaged and labelled to prescribed standards. Agriculture and Agri-Food Canada administers this Act.
Fertilizers
Act
This Act covers agricultural fertilizers. Fertilizers or supplements may only be sold in or imported into Canada if they have been registered, packaged and labelled to prescribed standards. Agriculture and Agri-Food Canada administers this Act.
Voluntary
Labelling and Advertising of Foods That Are and Are Not Products of
Genetic Engineering
Tn recognition of heightened interest regarding foods that are and are
not products of genetic engineering, countries and international bodies
have examined approaches for identifying such foods through labelling,
to assist consumers in making informed food choices.
Food
and Drugs Act
The Food Directorate of the Health Protection Branch, Health Canada, decides the type and form of food products that can be sold in Canada. It is also responsible for determining the safety of potential residues of agricultural chemicals in food and assessing dietary exposure of the public to agricultural chemicals.
Fresh Fruit and Vegetable Regulations - These apply in respect of all produce that is marketed in import or interprovincial trade, supplied fresh to the consumer or for food processing. Many items are exempt and are identified in subsection (2) of 2.1 (1) of this regulation.
Consumer Packaging and Labelling Regulations - An Act respecting the packaging, labelling, sale, importation and advertising of prepackaged and certain other products. Exemptions from all provisions of the act are in section 3.
Agricultural
Produce Grading Act
Food
Safety Act including Meat
Inspection Regulation
Forest
and Range Practices Act
This Act regulates all forest practices (which include grazing on Crown
lands). To replace the Forest Practices Code of British Columbia Act.
Forest
Practices Code of British Columbia Act
This Act regulates all forest practices (which include grazing on Crown
lands). The Act is superseded by the Forest and Range Practices Act.
Wildfire
Act
As of March 31, 2005, this Act regulates open fires within 1 km of forest
land or grass land. It is administered by the Ministry of Forests, Mines
and Lands.
Section 2: requires reporting a forest land or grass land fire
Section 3: prohibits dropping, releasing or mishandling a burning substance,
or any other thing that the person reasonably ought to know is likely
to cause a fire
Section 4: states Section 5 & 6 do not apply to the City of Vancouver
or a municipality or a local government having an open fire bylaw
Section 5 & 6: regulates non-industrial and industrial open fires
Wildfire
Regulation. This Regulation applies to all open fires within 1 km
of forest land or grass land.
Sections 4 . 12: outline fire prevention requirements
Sections 13 . 17: outline fire control requirements
Sections 18 . 24: outline permissible open fires (category 1, 2, 3 and
resource management fires)
- a burn registration number is required for category 3 fires . call
toll free 1-888-797-1717
Schedule 1: outlines three Danger Regions of BC
Schedule 2: defines five different Fire Danger Classes using a matrix
of Buildup Index and Fire Weather Index.
Schedule 3: provides restrictions on High Risk Activities as required
in Section 6(3)
Category 1 Open Fire. Camp fires and piles under 1 m in height and diameter
Category 2 Open Fire. For open fires that are:
- no more than 2 piles that are less than 2 m in height and 3 m in width
- or burns of stubble or grass over an area not exceeding 0.2 ha
Category 3 Fires. For open fires that are:
- burning material in 3 or more piles not exceeding 2 m in height and
3 m in width
- or for 1 or more piles exceeding 2 m in height and 3 m in width
- or for one or more windrows, or for burning stubble over an area exceeding
0.2 ha
Zero
Net Deforestation Act
The Zero Net Deforestation Act was enacted in 2010 and commits British
Columbia to achieving no net deforestation in the province by 2015.
Deforestation, under the Act, is defined as the permanent loss
of the human-induced removal of trees from an area of forest land to
such an extent that the area is no longer forest land. The Act
aims to mitigate greenhouse gas emissions associated with deforestation.
Game
Farm Act
Administered by AGRI, this Act licences and regulates game farms.
Section 6: states Section 76 of the Wildlife Act does not apply to game
that escapes from a farm being operated by a person who holds a valid
licence (but the Game Farm Regulation limits this by requiring capture
within 30 days and other conditions, such as genetic integrity of wildlife)
Food
Premises Regulation. This Regulation applies to any place where
food intended for public consumption is sold, offered for sale, handled,
prepared, packaged, processed, stored, etc. Food premises must be connected
to a source of potable water and be connected to a waste disposal system,
among other requirements.
Section 4: contains food premises requirements
Section 14: contains food processing requirements
Public Health Act Transitional Regulation. Section 18 regulates to setback
distances for wells. Section 18: requires a separation distance from
wells to be at least
- 7 m from any dwelling house (grandfathered)
- 30.5 m from any probable source of contamination (many farm activities
and wastes)
- 122 m from any cemetery or dumping ground unless, owing to the physical
conformation, contamination of the well is impossible
Sewerage
System Regulation. This Regulation applies to domestic sewage disposal
systems.
- Section 2: states Regulation applies to a holding tank, single family
residence or duplex, with a daily flow of less than 22,700 litres
- Section 3: requires domestic sewage be discharged into a public sewer,
a holding tank or a sewerage system so as not to cause, or contribute
to, a health hazard
- Section 3.1 requires separations distances from wells (as outlined
in the .. Sewerage System Standard Practice Manual) to be at least:
- 15 m from a holding tank
- 30 m from a sewerage system
- Sections 4 and 5: regulate holding tanks
- Sections 6 to 10: regulate sewerage systems
- only an authorized person can construct and maintain systems (having
taken training)
- applies to new systems, or existing ones under going significant alteration
or repair
- the owner is responsible to have maintenance done and to keep records
Agricultural
Land Commission Act
This Act administered by the Provincial Agricultural Land Commission, requires agricultural land within an Agricultural Land Reserve not be used for non-farm use unless permitted by the Act or its regulations.
Land
Act
This Act administers and regulates Crown land disposition, grant and trespass.
Local
Government Act
This Act provides the legislative framework for the establishment, function
and operation of local governments. It provides for the authority for
local government to establish rules and regulations and for the provision
of services to the local community. Several sections may apply to the
environment.
Integrated
Pest Management Act (formerly the Pesticide Control Act)
Administered by MOE, this Act regulates the sale, containment, transportation,
storage, preparation, mixing, application and the disposal of pesticides
and their containers. Many pertinent sections, critical information
to know is that there are fiive Pesticide classes under the IPM Act
are:
- Permit-restricted: these pesticides are listed by name in the regulation;
they are the most strictly controlled, requiring a permit for purchase
or application
- Restricted: these pesticides have the Restricted product class specified
on their label; a pesticide applicator certificate is required for their
purchase or use
- Commercial: these pesticides have the Commercial product class specified
on their label
- Domestic: these pesticides have the Domestic product class specified
on their label; they are intended for use by non-professionals in or
around private homes and gardens
- Excluded: these pesticides are listed by name or type of use in the
regulation; their use or sale does not require a licence, certificate,
permit or confirmation; they are assigned to this class because the
Administrator considers that excluding them from requirements for a
licence, permit or confirmation will not increase the risk of unreasonable
adverse effects.
Plant
Protection Act
Administered by AGRI, this Act is the provincial counterpart to the
federal Plant Protection Act that focuses on plant protection
issues affecting Canada. It provides for the prevention of the spread
of pests destructive to plants in BC. Inspectors have powers to enforce
the provisions of the Act, including the authority to establish quarantine
areas. To assist in the enforcement of the Act, the BC Plant Protection
Advisory Council advises and co-ordinates the actions of provincial
and federal officials to deal with potential hazards to BC agriculture
and forestry from insects, plant diseases, weeds or other biotic agents.
The Council's power comes from the mandates of the agencies whose members
sit on committees struck to deal with plant protection issues in specific
commodity sectors.
Plant
Protection Act
The purpose of this Act is to protect plant life and the agriculture and forestry industries by preventing the importation, exportation, and spread of injurious pests. Agriculture and Agri-Food Canada administers this Act.
Weed
Control Act
This Act places the responsibility for the control of noxious weeds on the occupiers of the land. It provides for the appointment of inspectors to ensure compliance and, failing that, for a method by which they can control weeds and recovers the costs for doing so from the occupier.
Highway
Act
Under this Act, it is an offence to place or leave any material on public roads. This includes any noxious or filthy substances such as manure, water flows, which damage public roadways and fires. The RCMP or local police enforce this Act.
Motor
Vehicle Act
Administered by Ministry of Transportation and Infrastructure, this
Act makes deposition or dumping of noisome, nauseous or offensive
matter (e.g. the carcass of a dead animal, offal, ashes, refuse)
on a highway or right-of-way an offence. As of October 1, 2010, in accordance with the Motor Vehicle Act, heavy
diesel vehicle emission control devices must be installed on all BC
registered commercial diesel vehicles of model years 1989-1993 with
a Licenced Gross Vehicle Weight (LGVW) of more than 8,200 kg. Farm vehicles
with a LGVW under 17,300 kg are exempt from these retrofit requirements.
Transportation
of Dangerous Goods Act
Administered by Ministry of Attorney General, this Act establishes requirements
to provide for the safe transport of goods deemed to be dangerous. Regulations
specify substances and establish classes of dangerous goods.
Fisheries
Act
The Fisheries Act provides for licensing and regulatory control of activities
associated with commercial fisheries and aquaculture operations, this
Act deals with licensing of fisheries, processors and safe fish passage:
Section 28: requires fish protection devices for any dam or other hydraulic
work
- this may include fish ways, screens, etc.
Fisheries
Act
While the federal government cannot license or regulate the use of land and water under provincial jurisdiction, the Department of Fisheries and Oceans (DFO) and Environment Canada jointly administer the federal responsibility for marine and anadromous fish in marine and freshwater environments.
Fish
Protection Act
The Fish Protection Act enables the protection of fish and fish habitats.
The four main objectives of the Act are to ensure sufficient water for
fish, enable fish habitat to be protected and restored, improve riparian
habitat protection and enhancement, and give local governments greater
powers for environmental planning. The Fish Protection Act provides
legislative authority for water managers to consider impacts on fish
and fish habitat before approving new licenses, amendments to licenses
or issuing approvals for work in or near streams. Only parts of the
FPA have been brought into force, they are:
Section 4: prohibits new dam construction on specified major rivers
Sections 6 & 7: allow sensitive streams designation and recovery
plans, Such streams will have restrictions requiring the consideration of
fish flow requirements placed on new water licenses or approvals, or
amendments to existing, until the stream has recovered
Section 9: In the case of drought, for the purposes of protecting the
fish population, the minister may make temporary orders regulating the
diversion, rate of diversion, time of diversion, storage, time of storage
and us of water from the stream by holders of licences or approvals
in relation to the stream.
Section 12: requires municipal bylaws, where directed, regarding the
protection and enhancement of riparian areas that may be subject to
residential, commercial or industrial development
- the requirements do not apply to "agricultural" activities,
they do apply to new residential, commercial, or industrial development
or ancillary activities on land zoned for agricultural purposes. Guidelines
for agricultural activities are in the Environmental Farm Plan series
publications.
Riparian
Areas Regulation
This Regulation, under the Fish Protection Act establishes directives
to protect riparian areas from development and to facilitate cooperation
between DFO and the Union of BC Municipalities. It applies to the exercise
of local government powers under the Local Government Act. The Regulation
provides required riparian assessment methods by Qualified Environmental
Professionals as a condition of approval for new residential, commercial,
or industrial activities.
Sensitive
Stream Designation and Licensing Regulation. This Regulation (also
under the Fish Protection Act) applies to licences and approvals on
sensitive streams, and lists streams designated 15 streams to
date, on eastern Vancouver Island, lower Coast, and lower Fraser Valley.
Migratory
Birds Convention Act
Under this Act, the federal government is responsible for implementing a Convention between Canada and the U.S. for the protection of migratory birds and nests. The Canadian Wildlife Service of Environment Canada administers regulations.
Species
At Risk Act
The purpose of this Act is to prevent Canadian indigenous species of wildlife from becoming extirpated or extinct, to provide for the recovery of endangered or threatened species and to encourage the management of other species to prevent them from becoming at risk.
Canada
Wildlife Act
Administered by the Canadian Wildlife Service, this Act makes provision
for Environment Canada to work by itself or in cooperation with others
to acquire lands for the research, conservation and interpretation of
migratory birds. Wildlife areas established under this Act are called
National Wildlife Areas.
Wildlife
Act
Administered by MOE, this Act protects wildlife designated under the
Act from direct harm, except as allowed by regulation (e.g., hunting
or trapping), or under permit. Legal designation as Endangered or Threatened
under the Act increases the penalties for harming a species. The Act
also enables the protection of habitat in a Critical Wildlife Management
Area.
Section 4: allows designation of wildlife management areas
Section 7: makes it an offence to alter, destroy or damage wildlife
habitat within a wildlife management area
Section 9: makes it an offence to disturb, molest or destroy a muskrat
or beaver house, den or dam unless you are a licensed trapper or have
lawful authority to protect property or maintain irrigation or drainage
facilities
Section 33.1: makes it an offence to feed dangerous wildlife (bear,
cougar, coyote or wolf) unless as approved hunting or trapping
Section 34: makes it an offence to possess, take injure, molest or destroy
the nest of an eagle, peregrine falcon, osprey, heron or burrowing owl
or the nest of any bird not mentioned above when the nest is occupied
by the bird or its egg
Section 39: makes it an offence to hunt or trap on cultivated land or
on a Crown land grazing lease while occupied by livestock without the
lessee or owners consent
Section 89: gives an officer powers of entry on proof of identification
This Act has been amended by the Fish Protection Act to have wildlife
include aquatic plants. Aquatic invertebrates or plants can be considered
as endangered or threatened.
ENVIRONMENTAL FARM PLANNING INFORMATION
ELSEWHERE ON THIS SITE:
Compost
Pertinent Federal (Canadian) & Provincial (BC) Regulations
Organic Dairy Farming in Canada
Farm Equipment
Marketing Your Product
Organic Prices (fruit and vegetables)
Small Scale Food Processing
Pest Management
Soil (Canada, USA) and Water (BC, Alberta) Testing Labs & Services
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