Jurisdictional Flow – BC Ministry of Health

The provincial position on jurisdictional divide is set in the Sewerage System Regulation (SSR) and the Municipal Wastewater Regulation (MWR). The jurisdictional flow divide guidance document was developed collaboratively between the Ministries of Health and Environment & Parks with the goal of helping to provide a plain language clarification for onsite wastewater practitioners when determining the correct regulatory framework to follow. However, feedback received on application of the document indicated that the document was not achieving its intended results, leading to incorrect filings and applications, and was subsequently removed for review.
 
In summary, while the jurisdictional divide document has been withdrawn, there has been no change in regulation nor policy. Most situations should be fairly straightforward, however where there is a question, professionals should consider the following:  
 
Section 2 Application of the SSR neither allows, nor prohibits the construction of multiple onsite sewerage systems on one or more parcels. It is the responsibility of the professional of record to determine – with consideration of EGBC’s Code of Ethics and EGBC’s Professional Practice Guidelines – what the cumulative impacts of multiple systems may be, and whether the construction of multiple systems is protective of the environment and public health.
 
When a filing submitted to health authorities is near the flow threshold of the SSR and the MWR, the health authority may refer the file to the Ministry of Environment and Parks’ authorization officers for review, and vice versa. The final decision on which regulation may apply is determined by the regulator through collaboration between both agencies. For further clarity this is outlined on our website: https://www2.gov.bc.ca/gov/content/environment/waste-management/sewage/onsite-sewage-systems/onsite-sewage-system-management

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