Whereas the BC Supreme Court upheld local government land use authority with respect to the disposal of contaminated soils in the case of Cowichan Valley Regional District v. Cobble Hill Holdings Ltd., 2016 BCSC 489; And whereas the risk remains that local government land use regulations relating to disposal of contaminated soils may be overridden by provincial Order-in-Council: Therefore be it resolved that UBCM call on the Province of British Columbia to respect local government land use authority and provide for thorough and appropriate consideration of local government input and land use regulations in the contaminated soils permitting process.
Ministry of Environment Environmental Management Act EMA authorizations address discharges of waste to the environment. Land Use, and more specifically, zoning is the responsibility of the local government. The EMA letter of transmittal, which accompanies the permit, reminds all permittees that it is their responsibility to abide by all other legislative requirements, including local zoning requirements.