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Regional District
Regional Districts have mixed authority because within
the district there is also the municipal authority.
The municipal authority supersedes the regional district
authority within the municipal bounds. However, as a
connecting body, regional districts can influence larger
areas and in some cases airsheds.
Regional districts authority to monitor air quality
comes from the Local Government Act, which allows them
to "establish and operate the extended services
of control of pollution, nuisances, unwholesome or noxious
materials, odours and disturbances".
Air pollutant emissions fall under the category of
". .. nuisances, unwholesome or noxious materials,
odours and disturbances", which gives regional
districts the authority to create bylaws.
The Central Okanagan Regional District created The
Smoke Control Bylaw No. 773, by defining smoke as the
nuisance. If you would like to see the Central Okanagan
Regional District's bylaw No. 733, there is a PDF in
the Resources Section.
Another avenue for the regional district to create
a bylaw related to air quality is through the public
health or fire protection channel; but this is an indirect
route takes longer.
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