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Changes to the Board's Mandate - 2010
Legislation Update
Greenhouse Gas Reduction (Renewable and Low Carbon
Fuel Requirements) Act
On January 1, 2010, most sections of the
Greenhouse Gas Reduction (Renewable and Low Carbon
Fuel Requirements) Act, S.B.C. 2008, c. 16 (the
“GHG Renewable and Low Carbon Fuel Requirements Act”),
were brought into force, including section 14 which
provides for appeals to the Board. At the same time, the
Renewable and Low Carbon Fuel Requirements Regulation,
B.C. Regulation 394/2008, was also brought into
force. This legislation requires suppliers of fuels used
for transportation to supply a prescribed percentage of
renewable fuels, such as ethanol and biodiesel, and to
submit annual compliance reports to the Ministry of
Environment.
Under section 14(1) of the GHG Renewable and Low Carbon
Fuel Requirements Act, certain decisions of a director
in the Ministry of Environment may be appealed to the
Board:
- the determination of
non-compliance under section 11 [imposed
administrative penalties: fuel requirements]
or of the extent of that non-compliance, as
set out in an administrative penalty notice;
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- the determination of non-compliance
under section 12 [administrative penalties
in relation to other matters], of the extent
of that non-compliance or of the amount of
the administrative penalty, as set out in an
administrative penalty notice; and
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- a refusal to accept an alternative
calculation of carbon intensity under
section 6 (3)(b)(iii) [requirements for
reduced carbon intensity].
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Section 14(3) of the GHG Renewable and Low Carbon Fuel
Requirements Act and Part 4 of the Renewable and Low
Carbon Fuel Requirements Regulation together provide
that the Board’s powers and procedures in sections 93 to
98 of the
Environmental Management Act, S.B.C. 2003, c.
53, and in the
Environmental Appeal Board Procedure
Regulation, B.C. Regulation 1/82, apply to appeals under
this Act. Also, sections 21 and 23 of the Renewable and
Low Carbon Fuel Requirements Regulation specify some of
the Board’s powers and procedures in an appeal.
More information about the Act and the
Regulation is
available on the Ministry of Environment’s website at:
http://www.env.gov.bc.ca/cas/legislation/index.html#GGRRLCFRA
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