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Relevant Acts, Codes & Regulations - Canada & British Columbia

Waste

Environmental Management Act & Agriculture Waste Control Regulation
The Environmental Management Act (EMA) was brought into force on July 8, 2004. The Act replaces the old Waste Management Act and the Environment Management Act and brings provisions from both of those acts into one statute. This Regulation provides that "agricultural operations" that comply with the Code of Agricultural Practice for Waste Management are exempt from requiring a permit to discharge "agricultural waste" into the environment (sections 3(2) and 3(3) of the Act). The Code does not exempt agricultural operations from any other part of the Waste Management Act.

BCMAFF Field Storage of Solid Agricultural Waste Fact Sheet
There are two distinct field storages described in the BC Agriculture Waste Management Code - a short-term storage of two weeks or less and a long-term storage of up to nine months.

Canada Plan Service - Environment/Waste Management Index to buildings and equipment designed for waste management.

Water

Water Act
Under this Act, using surface water requires a licence and working in and around streams requires approval from Land and Water BC Inc. A stream is defined as any natural watercourse or source of supply, whether usually containing water or not. Streams include groundwater and any lake, river, spring, swamp, creek or ravine. Although at the present time a water licence is not required to use groundwater, groundwater legislation may be forthcoming.

Water Protection Act
This Act will not affect most producers. Administered by MWLAP, the Act:

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 MWLAP, 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

Water Guidelines (federal and provincial)

Summary of Guidelines for Canadian (Human) Drinking Water Quality
The Guidelines for Canadian Drinking Water Quality are published by Health Canada. In order to keep interested parties informed of changes to the Guidelines between publication of new editions, this summary table is updated and published every spring on Health Canada's web site. The April 2003 Summary of Guidelines for Canadian Drinking Water Quality supersedes all previous versions, including that contained in the published booklet.

Canadian Water Quality Guidelines for the Protection of Agricultural Water Uses (pdf)
Irrigation guidelines help protect sensitive crop species that may be exposed to toxic substances such as pesticides or herbicides when watered. They are based on maximum irrigation rates and the sensitivity of crops to pollutants. Similarly, the Canadian Water Quality Guidelines for Livestock Water are based on how livestock are affected by parameters, such as toxic chemicals in their drinking water, how much water they drink, and whether the contaminant accumulates in the animals' bodies.

Additional Canadian Water Quality Guidelines

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 Quality Criteria for Microbiological Indicators ('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.

Environment

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 MWLAP.

Environment Management Act
This Act gives MWLAP responsibility for managing, protecting, and enhancing the environment. Specific responsibilities are listed, including establishing and operating the Environmental Appeal Board.
This Act allows the Minister to issue an Environmental Protection Order against any operation that is having or is likely to have a detrimental environmental effect. Under the Order, the producer may be forced to do whatever work is required to prevent damage to the environment. In addition, this Act may require producers to obtain an environmental impact assessment before proceeding with a large construction project.

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.

Customs and Excise

Farm Practices Protection

Farm Practices in B.C.- Reference Guide
An update of the initial Farm Practice Reference guide published in 1996, attempt by the Ministry of Agriculture, Food and Fisheries to list and describe many of British Columbia's diverse farm practices in general terms. It also refers to existing government legislation, industry guidelines and other sources of information related to farm practices in British Columbia.

Farm Practices Protection (Right to Farm) Act
Ministry of Agriculture, Food and Fisheries administers this Act. It provides that farmers on agricultural land are not liable to legal actions resulting from nuisance complaints regarding farming activities when they met certain conditions.

Feed

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.

Fertilizer

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.

Food and Drugs

Voluntary Labelling of non-GMO Products
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

Meat Programs - Inspection and regulations for abattoirs

Forest

Forest Land Reserve Act
This Act allows the Land Reserve Commission to be responsible for private lands in the Forest Land Reserve (FLR) with respect to inclusion, exclusion, subdivision and non-forestry uses. In addition, the Commission is responsible for ensuring that forest management practices, including agroforestry, on private land within the FLR complies with prescribed environmental standards of forest practice for the protection of fish habitat, water quality, soil conservation and critical wildlife habitat.

Forest Practices Code of British Columbia Act
Administered by the Ministry of Forests, this Act regulates all forest practices (which include grazing).

Game Farms

Game Farm Act
Administered by the MAFF, this act licences and regulates game farms.

Health

Health Act
Administered by the Ministry of Health Services, this Act includes regulations on farm practices that may result in a health hazard. A health hazard may occur when nutrients, contaminants or pathogens are discharged to land, water or air to pose a public health problem. Spills of potentially harmful substances must be reported to the Local Health Authority. Under this Act, the Local Health Authority must investigate any health hazard and has authority to order the hazard to be eliminated.

Land

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

Local Government Act
Administered by the Ministry of Community, Aboriginal and Women's Services, 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.

Pest & Plant Protection

Pesticide Control Act
Administered by MWLAP, this Act regulates the sale, transport, storage and application of pesticides.

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.

Transportation

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
Deposition or dumping of "noisome, nauseous or offensive matter" on a highway or right-of-way is an offence under this Act. The Ministry of Transportation and Highways administers this Act.

Transportation of Dangerous Goods Act
Under this Act, Transport Canada is responsible for regulating the handling and transportation of "poisonous substances", "flammable liquids" and other "products hazardous to the environment." The Act has been adopted as provincial legislation and is administered by the BC Ministry of Transportation.

Wildlife

Fisheries Act
This Act, administered by MAFF, concerns licensing of fisheries, processors and safe fish passage.

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
This Act, administered by MWLAP, restricts new dam construction on protected (major) rivers; deals with sensitive streams, maintaining minimum stream flows, water management plans and streamside protection.

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.

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.

ENVIRONMENTAL FARM PLANNING INFORMATION