Spill management regulations

Phase one

Division 2.1 Spill Preparedness, Response and Recovery of the Environmental Management Act (EMA) came into force on October 30, 2017, with the approval of the following 3 phase one regulations under it:

• Spill Preparedness, Response and Recovery Regulation (PDF)
• Spill Contingency Planning Regulation (PDF)
• Spill Reporting Regulation (PDF)

Division 2.1 and phase one regulations set a foundation for strengthening spill preparedness, response and recovery in B.C.

• Preparedness: Regulated persons have been identified as transporters of liquid petroleum products. The owners of ministry regulated pipelines transporting any amount of liquid petroleum products are regulated persons, as are the owners of rail and highway transporters in possession of 10,000 litres or more. To demonstrate preparedness, regulated persons are required to develop and test provincial spill contingency plans.
   
• Response and recovery: A responsible person is someone who has possession, charge or control of a substance or thing when a spill of the substance or thing occurs or is at imminent risk of occurring. Responsible persons will be required to meet enhanced spill reporting requirements, carry out all the response actions specified in the EMA as well as any additional steps required by a director, and, if directed to do so, develop and implement a recovery plan that addresses any damage done to the environment.
   
• Summary of the new regulation requirements (PDF, 306KB)

Fact sheets for phase one spill regulations

Fact sheets to assist in understanding requirements:

• Regulated Person (PDF, 442KB)
• Spill Contingency Planning (PDF, 374KB)
• Testing Spill Contingency Plans (PDF, 532KB)
• Requirement to Provide Information (PDF, 403KB)
• Responsible Person (PDF, 333KB)
• Spill Reporting (PDF, 1.0MB)
• Lesson Learned Report (PDF, 245KB)
• Cost Recovery (PDF, 484KB)

Brochures for phase one spill regulations​

• Spill Contingency Planning Regulation (PDF, 1.1MB)
• Spill Preparedness, Response and Recovery Regulation (PDF, 1.1MB)
• Spill Reporting Regulation (PDF, 718KB)

Guidance for phase one spill regulations

Detailed Guidance to assist in meeting requirements:

• Responsible Person Guidance (PDF, 366KB)
• Preparing Spill Contingency Plans (PDF, 1.2MB)
  • Spill Contingency Plan Declaration (PDF, 305KB)
  • Spill Contingency Plan Mapping Instructions (PDF, 221KB)
• Testing a Spill Contingency Plan (PDF, 480KB)
• Preparing Recovery Plans (PDF, 927KB)
• Spill Sampling and Reporting Guidance (PDF, 368KB)
• Conclusion of Recovery Plan Report Guidance (PDF, 177KB)
  • ​Conclusion of Recovery Form (PDF, 1.1MB)

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Phase two

Phase two regulations are now being considered. New requirements may include timely responses following a spill, and the development of Geographic Response Plans (GRPs) to consider the unique characteristics of an area. For information on the engagement and the feedback received, visit our Spill management engagement page.

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Note: Fact sheets and guidance documents have been prepared to assist in understanding new phase one requirements, and are being developed for phase two. It is the responsibility of regulated persons, responsible persons and the owners of substances or things to understand and comply with the Environmental Management Act and its associated regulations. 

Fact sheets and guidance documents are solely for the convenience of the reader and are intended to assist in understanding the legislation and regulations, not replace them. They do not contain and should not be construed as legal advice. Current legislation and regulations should be consulted for complete information.