Interpretation

1   In this regulation:

"accreditation body" means a body that

(a) conforms with ISO/IEC 17011:2017, Conformity assessment — Requirements for accreditation bodies accrediting conformity assessment bodies, as amended from time to time, and

(b) has entered into an agreement known as a Mutual Recognition Arrangement with another body that conforms with the standard referred to in paragraph (a);

"accredited", in relation to a laboratory, means to have attained impartial and independent accreditation from an accreditation body as conforming with whichever of the following standards applies:

(a) ISO/IEC 17025:2017, General requirements for the competence of testing and calibration laboratories, as amended from time to time;

(b) ISO 15189:2022, Medical laboratories — Requirements for quality and competence, as amended from time to time;

(c) ISO/IEC 17024, Conformity assessment — General requirements for bodies operating certification of persons, as amended from time to time;

"air audit" means an ambient particulate monitor audit or a gas analyzer audit (stack and ambient) performed by an employee of the minister's ministry on monitoring equipment required under the terms of an order, permit, licence, approval or certificate;

"ambient particulate monitor audit" means an audit of

(a) the performance of an ambient particulate monitor and associated equipment used to produce or gather air samples, analytic results, data and reports, and

(b) records related to that performance;

"director" includes the administrator, or an inspector, as defined in the Integrated Pest Management Act;

"directory" means the directory published under section 5 [directory of qualified laboratories];

"gas analyzer audit (stack and ambient)" means an audit of

(a) the performance of a gas analyzer and associated equipment used to produce or gather air samples, analytic results, data and reports, and

(b) records related to that performance;

"interlaboratory comparison study" means a comparison of the results of testing conducted by 2 or more laboratories with respect to the same or similar parameters;

"ISO/IEC" means the International Organization for Standardization and the International Electrotechnical Commission;

"method validation" means a process to determine whether a method

(a) accurately and reliably analyzes samples for a parameter, and

(b) is suitable for the purpose of analyzing samples for a parameter;

"new or alternative method" means a method of analyzing samples for a parameter for which the means of qualification in the method of analyzing samples for the parameter under section 5 (2) (a) to (c) are unavailable or inadequate;

"officer" includes a person employed by a municipality who is

(a) designated in writing by a director, or

(b) a member of a class designated in writing by a director;

"parameter" means a chemical, biological or physical constituent with respect to which sampling, analysis and environmental monitoring is required under an authorization;

"performance verification", in relation to a method of analyzing samples for a parameter, means a process to determine whether a laboratory, using equipment in the laboratory, is able to produce results consistent with the results produced in the method validation for the method;

"proficiency testing program" means an interlaboratory comparison program

(a) that is administered by a proficiency testing provider who conforms with ISO/IEC 17043:2023, Conformity assessment — General requirements for the competence of proficiency testing providers, as amended from time to time, and

(b) under which laboratories participating in interlaboratory comparison studies analyze reference samples and report, to the proficiency testing provider, results for evaluation;

"qualified laboratory", in relation to a method of analyzing samples for a parameter, means a laboratory that is listed in the directory as qualified in that method;

"qualified professional" means an individual who

(a) is registered in British Columbia with a professional association, is acting under that association's code of ethics and may be subjected by that association to disciplinary action, and

(b) through suitable education, experience and knowledge, may reasonably be relied on to provide advice within the individual's area of expertise, as that expertise relates to this regulation;

"reference laboratory" means a laboratory, designated by the director, whose performance is unbiased as demonstrated in inter-laboratory performance studies or blind audits;

"reference sample" means a sample with assigned design, or assigned consensus concentration values, for one or more parameters;

"scope of accreditation" means a statement, issued by an accreditation body, setting out the parameters and methods of analyzing samples for those parameters in relation to which a laboratory is accredited;

"split sample" means a liquid sample which is split and added to 2 separate containers so that each part of the split sample has identical parameters whose reference concentration values are assigned by analysis by a reference laboratory;

"standard sample" means a sample whose reference concentration value for one or more characteristics is assigned by using a design value based on gravimetric or volumetric measurement.

[am. B.C. Regs. 85/2000, s. 1; 323/2004, s. (a); 209/2013, s. 1; 19/2017, s. 1; 84/2023, s. 1; 138/2026, Sch., s. 1.]

Sampling, analytical, quality control and reporting procedures

2   (1) A person required to collect samples and submit environmental monitoring data as a requirement of an order, permit, licence, approval or certificate issued under an enactment administered by the minister must

(a) cause the samples to be analyzed by a qualified laboratory for the parameters specified in the order, permit, licence, approval or certificate, and

(b) provide to the director, not later than 45 days after the date the sample is collected, the results of the qualified laboratory's analysis.

(2) If a director requires that an officer, or another person the director designates, collect a split sample in respect of monitoring required under an order, permit, licence, approval or certificate referred to in subsection (1), the person subject to the order, permit, licence, approval or certificate must

(a) cause one part of the split sample to be analyzed by a qualified laboratory for the parameters specified by the director, and

(b) provide to the director, not later than 45 days after the date the sample is collected, the results of the qualified laboratory's analysis.

(3) A person required to collect samples and submit environmental monitoring data as a requirement of an order, permit, licence, approval or certificate issued under an enactment administered by the minister, must, on the request of a director, provide to the director, not later than 45 days after the date the samples are analyzed, the results of the analysis of standard samples of gases introduced to an emission analyzer, or ambient air analyzer, operated as a requirement of the order, permit, licence, approval or certificate.

(4) A person required to collect samples under this section must

(a) follow the sampling procedures as specified or authorized by the director, and

(b) on the request of a director, provide a report describing the methods used to collect and analyze the samples.

[en. B.C. Reg. 209/2013, s. 2; am. B.C. Reg. 84/2023, s. 2.]

Repealed

3   Repealed. [B.C. Reg. 323/2004, s. (e).]

Cost recovery

4   (1) A person required to submit environmental monitoring data as a requirement of an order, permit, licence, approval or certificate under an enactment administered by the Minister of Environment shall reimburse the Ministry of Environment for the ministry's costs of auditing samples, analytical results and data submitted to the director.

(1.1) Despite subsection (1), the amount set out in column 2 of the following table opposite the class of air audit set out in column 1 of the table is the fee payable for an air audit in that class.

(2) Amounts under subsection (1) or (1.1) must be paid to the minister within 30 days after the date on the invoice provided to the person by the minister.

[am. B.C. Regs. 109/2002, s. 1; 19/2017, s. 2.]

Directory of qualified laboratories

5   (1) The director must publish a directory of qualified laboratories.

(2) The director may list a laboratory in the directory as qualified in a method of analyzing samples for a parameter if one of the following applies:

(a) the laboratory is accredited in the method of analyzing samples for the parameter and has provided a scope of accreditation to the director in the form and manner required by the director;

(b) if a proficiency testing program is an available means of qualification in the method of analyzing samples for the parameter, the laboratory has demonstrated through the program that the laboratory has achieved satisfactory testing performance for the parameter;

(c) if a proficiency testing program is not an available means of qualification in the method of analyzing samples for the parameter, the laboratory has demonstrated that the laboratory is able to accurately and reliably use the method in at least one of the following studies:

(i) an interlaboratory comparison study;

(ii) an analyst competency study;

(d) in the case of a new or alternative method, the director is satisfied that

(i) the method is suitable for the purpose of analyzing samples for the parameter, and

(ii) the laboratory is able to accurately and reliably use the method.

(3) A study for the purpose of subsection (2) (c) must be conducted by a qualified professional.

(4) For the purpose of subsection (2) (d), the director may require a laboratory to carry out

(a) a method validation, and

(b) a performance verification.

[en. B.C. Reg. 138/2026, Sch., s. 2.]

Repealed

6   Repealed. [B.C. Reg. 85/2000, s. 2.]