1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE JOHN CASHORE
MINISTER OF ENVIRONMENT,
LANDS AND PARKS

BILL 32 -- 1993

ENVIRONMENTAL ASSESSMENT ACT

Contents

  Section  

 
Part 1 -- Interpretation and Purpose

 

1 

Interpretation

 

2 

Purpose

 
Part 2 -- Environmental Assesesment Process

 

 
Division 1 -- Reviewable Projects and the Assessment Process

 

3 

Reviewable projects

 

4 

Minister's power to designate a project as reviewable

 

5 

Prohibition against proceeding without approval

 

6 

Effect on permits, etc. under other enactments

 

7 

Information relevant to specific categories

 

 
Division 2 -- Applying for a Project Approval Certificate

 

8 

Content of application

 

9 

Availability to applicant of existing information

 

10 

Acceptance of application

 

11 

Accommodating amendments to application

 

12 

Approval of amended application

 

 
Division 3 -- Review of the Application

 

13 

Filing the application

 

14 

Comments invited within government and from other jurisdictions

 

15 

Comments filed at project registry

 

16 

Public information and consultation

 

17 

Project committee

 

18 

Purpose of project committee

 

 
Division 4 -- Decision on the Application

 

19 

Referral to ministers for early decision

 

20 

When further review required

 

21 

Prerequisites to a determination under section 19 or 20

 

22 

Filing at the project registry

 

23 

Ministers' power to approve, reject or require further review

 

 
Division 5 -- Preparation of a Project Report

 

24 

Definition of "application" for Divisions 5 and 6

 

25 

Project report specifications

 

26 

Matters to be included in a project report

 

27 

Plans to be provided

 

28 

Opportunity for public comment

 

29 

Executive director circulates specifications

 

30 

Comments to be filed at project registry

 

31 

Revised project report specifications

 

32 

Availability to applicant of existing information

 

 
Division 6 -- Review of the Project Report

 

33 

Accepting a project report

 

34 

Filing the project report

 

35 

Circulating the project report

 

36 

Availability of the project report

 

37 

Comments filed at project registry

 

38 

Referral to ministers for decision

 

39 

Ministers' power to approve, reject or refer to board

 

40 

Minister to specify terms of reference for public hearing

 

41 

Filing the terms of reference

 

42 

Report to Lieutenant Governor in Council after public hearing

 

43 

Lieutenant Governor in Council's decision to approve or reject

 

 
Division 7 -- Project Approval Certificate

 

44 

When project begins

 

45 

Project certificate remains in effect

 

46 

Project may proceed in stages

 

47 

Follow up measures

 
Part 3 -- Environmental Assessment Board

 

48 

Environmental Assessment Board

 

49 

Organization into panels

 

50 

Remuneration, etc.

 

51 

Mandate of the board

 

52 

Public hearings on applications referred to board

 

53 

Notice of public hearing

 

54 

Conduct of hearings

 

55 

Costs of the board

 

56 

Powers of inquiry

 

57 

Annual report

 
Part 4 -- Administration of the Process

 

58 

Environmental Assessment Office

 

59 

Appointment of the executive director

 

60 

Delegation by executive director

 

61 

Project registry

 

62 

Discretion to assist participants

 

63 

Applicant may be required to pay participant costs

 

64 

Mediation may be authorized

 
Part 5 -- Sanctions

 

65 

Inspection power

 

66 

Minister's order to cease or remedy

 

67 

Order for compliance

 

68 

Compliance agreement

 

69 

Suspension, cancellation and amendment of certificates

 

70 

Notice requirements

 

71 

Hearing

 

72 

Reinstatement of certificate

 

73 

Offences and penalties

 

74 

Effect of voluntary compliance agreement

 

75 

Penalties

 

76 

Remedies preserved

 

77 

Court order to comply

 

78 

Limitation period

 

79 

Restitution

 
Part 6 -- General Provisions

 

 
Division 1 -- General

 

80 

Delegation

 

81 

Employees, consultants, etc.

 

82 

Immunity for acts or omissions in good faith

 

83 

No testimony in civil action

 

 
Division 2 -- Agreements with Other Canadian Jurisdictions

 

84 

Agreements

 

85 

Variations to accommodate agreements with other jurisdictions

 

 
Division 3 -- Special Administrative Powers

 

86 

Review of a matter that is not the subject of an application

 

87 

Suspension of review pending other inquiries

 

88 

Extensions of time

 

89 

Emergency variations to review process

 
Part 7 -- Regulations and Transition

 

90 

Regulations

 

91 

Transitional provisions

 

92-106 

Consequential Amendments

 

107 

 Binding on Her Majesty

 

108 

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

 
PART 1

Interpretation and Purpose

Interpretation

1 In this Act

"applicant" means any person that proposes to undertake a project, and includes the government of Canada, British Columbia, a municipality, a regional district, another province or another jurisdiction;

"application for a project approval certificate" includes an application to amend a project approval certificate;

"board" means the Environmental Assessment Board;

"effects" means environmental, economic, social, cultural and heritage effects;

"executive director" means the individual appointed under section 59 as the Executive Director of the Environmental Assessment Office;

"first nation" means an aboriginal governing body, however organized and established by aboriginal people within their traditional territory in British Columbia;

"project" means any existing or proposed construction, operation, modification, dismantling or abandonment in relation to a physical work;

"project approval certificate" means a certificate issued by the minister under section 23, 39 or issued by the minister pursuant to an order of the Lieutenant Governor in Council under section 43;

"project registry" means the project registry established under section 61;

"responsible minister" means the member of the Executive Council that the Lieutenant Governor in Council designates by order as the minister responsible for a specified reviewable project or specified category of reviewable projects;

"reviewable project" means a project that either is within a category of projects prescribed under section 3 or that is designated by the minister under section 4, and includes

(a) the facilities at the main site of the project, and

(b) any offsite facilities that the executive director may designate,

but does not include

(c) any construction, modification, dismantling or abandonment that has been lawfully completed before this section comes into force, or

(d) any construction, modification, dismantling or abandonment that, at the coming into force of this section,

(i) has been started, and

(ii) is neither a regulated project under the Utilities Commission Act, a reviewable mine development under the Mine Development Assessment Act nor a project reviewable under procedures generally known as the major project review process.

Purpose

2 The purpose of this Act is

(a) to provide for the thorough, timely and integrated assessment of the environmental, economic, social, cultural and heritage effects of reviewable projects,

(b) to prevent or mitigate adverse effects of reviewable projects,

(c) to provide an open, accountable and neutrally administered process for the assessment

(i) of reviewable projects, and

(ii) of activities, pertaining to the environment or to land use, that are referred to the board in accordance with the terms of reference mentioned in section 51 (c), and

(d) in an assessment under this Act, to provide for participation by the public, project proponents, first nations, municipalities and regional districts, the government and its agencies, the government of Canada and its agencies and British Columbia's neighbouring jurisdictions.

 
PART 2

Environmental Assessment Process

 
Division 1 -- Reviewable Projects and the Assessment Process

Reviewable projects

3 (1) The Lieutenant Governor in Council may make regulations prescribing what constitutes a reviewable project for the purposes of this Act.

(2) For the purpose of a regulation under subsection (1) the Lieutenant Governor in Council by regulation may

(a) categorize projects according to size, production capacity, location, potential for adverse effects, type of industry to which the projects are related or on any other basis that the Lieutenant Governor in Council considers appropriate, and

(b) provide differently for the different categories of projects.

Minister's power to designate
a project as reviewable

4 The minister by order may designate a project as a reviewable project, even though it does not constitute a reviewable project under the regulations if the minister is satisfied that the project has or may have a significant adverse effect and that the designation is in the public interest.

Prohibition against proceeding
without approval

5 Despite any other enactment, a person must not construct, operate, modify, dismantle or abandon a reviewable project except in accordance with a project approval certificate that remains in effect for the project.

Effect on permits, etc. under
other enactments

6 (1) Despite any other enactment, a minister, other public officer or agent of the Crown must not exercise a power under another enactment to issue an approval, license, permit or other authorization in relation to the construction, operation, dismantling or abandonment of a reviewable project unless satisfied that the proponent of the reviewable project has a project approval certificate that remains in effect.

(2) Subsection (1) does not apply in respect of a power under another enactment that is specified by regulation made under section 90 (2) (a) for the purpose of this section.

Information relevant to specific categories

7 At the request of the minister, the executive director must collect, analyze and make available for the purposes of sections 9 and 32, and for other purposes of this Act, information relating to categories of reviewable projects that are designated by the minister for the purpose of this section.

 
Division 2 -- Applying for a Project Approval Certificate

Content of application

8 (1) The proponent of a project may apply for a project approval certificate by applying in writing to the executive director and paying the prescribed fee.

(2) An application for a project approval certificate must state the name, address and title of the proponent and of the individual having responsibility for answering questions relating to the application and must include or be accompanied by any prescribed information and a description of the project, including but not limited to

(a) the purpose and major components of the project,

(b) a description of the existing environmental, economic, social, cultural and heritage characteristics and conditions in the vicinity of the project,

(c) on and offsite facilities of or associated with the project,

(d) an outline of the construction plan for the project and a timetable for the completion of the construction,

(e) identification of any new or expanded public works or undertakings that will be required because of the project,

(f) identification of potential effects of the project,

(g) a description of the measures that the applicant will take in order to prevent or mitigate adverse effects,

(h) a description of public information or consultation activities undertaken by the applicant and a summary of the public response and of the issues identified,

(i) an outline of any proposed program of public information or consultation that will be undertaken by the applicant during the next stages of project planning and review,

(j) a description of any discussions undertaken by the applicant about the effects of the project, with ministries or agencies of the government of British Columbia, departments or agencies of the government of Canada, or first nations, municipalities or regional districts or British Columbia's neighbouring jurisdictions, and

(k) a summary of the issues identified in the discussions referred to in paragraph (j).

Availability to applicant of
existing information

9 If the executive director has information, analysis and plans relating to one or more reviewable projects or types of reviewable projects previously reviewed under this Act and the information, analysis and plans are relevant to the review of a project that is the subject of an application or intended application under section 8,

(a) the executive director may make available to the proponent the parts of the information, analysis and plans that, under the Freedom of Information and Protection of Privacy Act, are available to the public without the necessity of a request for access under that Act, and

(b) at the proponent's written request may specify any part of the information, analysis and plans as acceptable in fulfillment or partial fulfillment of any of the requirements of section 8.

Acceptance of application

10 (1) If satisfied that an application for a project approval certificate meets the requirements of section 8, the executive director must accept the application and deliver written notice of the acceptance to the project proponent.

(2) If the executive director considers that an application is deficient because it does not meet the requirements of section 8, the executive director must

(a) deliver written notice of the deficiency to the project proponent, and

(b) withhold acceptance of the application until the proponent remedies the deficiency.

(3) A determination by the executive director of whether or not an application meets the requirements of section 8 must be made and delivered to the proponent within the prescribed period.

(4) If the determination is not made within the period prescribed for the purpose of subsection (3) the executive director is deemed to have accepted the application under subsection (1) at the expiry of the period.

Accommodating amendment
to application

11 If, at any time after acceptance by the executive director of an application for a project approval certificate but before issuance or refusal of the certificate pursuant to section 23, 39 or 43, the applicant intends to materially change the project or the manner of implementing the project, the applicant, as an alternative to submitting a new application under section 8, may give written notice to the executive director, requesting that the application be amended to the extent necessary to accommodate the intended changes and setting out the particulars of them.

Approval of amended application

12 (1) After consideration of the matters set out in subsection

(2) the executive director by order must

(a) allow the amendment of the application to the extent necessary to accommodate the request referred to in section 11 and direct that the review of the project be allowed to continue, subject to any variations to the review process that the executive director, in consultation with the appropriate project committee established under section 17, considers to be necessary, or

(b) refuse to allow the amendment.

(2) For the purpose of an order under subsection (1) (a) the executive director must be satisfied that

(a) the notice to amend the application adequately describes the intended changes, and

(b) there will be adequate opportunity in the next stages of the review of the application to assess the changes and to take them into account in deciding whether or not to issue a project approval certificate.

(3) The executive director may attach conditions to an order under subsection (1) (a) relating to publicizing the intended changes and their potential effects.

(4) The executive director must

(a) file at the project registry an order made under subsection (1) and deliver a copy of the order to the applicant, and

(b) give written reasons for an order under section (1) (b), and deliver a copy of them to the applicant.

 
Division 3 -- Review of the Application

Filing the application

13 Within 7 days after accepting an application for a project approval certificate, the executive director must

(a) give notice to the public inviting written comments about the potential effects of the project and whether those potential effects necessitate that the project be subjected to a detailed review under this Act,

(b) file a copy of the notice at the project registry,

(c) specify a period, of at least 30 but no more than 45 days during which written comments in response to an invitation under paragraph (a) must be received at the office of the executive director in order to be taken into account in the review of the application for a project approval certificate,

(d) edit a copy of the application by removing any information other than information that, under the Freedom of Information and Protection of Privacy Act, is available to the public without the necessity of a request for access, and

(e) file at the project registry

(i) the edited copy of the application, and

(ii) a summary of the review process made by the executive director, including but not limited to a description of the circumstances in which there will or will not be further opportunities for public involvement in the review of the project.

Comments invited within government
and from other jurisdictions

14 (1) To the extent that the executive director considers practical and appropriate, the executive director must circulate an application for a project approval certificate

(a) internally within the government of British Columbia and its agencies,

(b) to the government of Canada and its agencies,

(c) to municipalities and regional districts located in the vicinity of the project,

(d) to first nations whose traditional territory includes or is near the site of the project, and

(e) to any of British Columbia's neighbouring jurisdictions in the vicinity of the project.

(2) The executive director must include with an application circulated under this section a notice inviting written comments describing any concerns about the potential effects of the project and whether those potential effects warrant detailed review of the application.

Comments filed at project registry

15 Within 7 days after receipt of written comments about the potential effects of a project in response to an invitation under section 13 or 14, the executive director must

(a) edit a copy of the comments by removing any information other than information that, under the Freedom of Information and Protection of Privacy Act is available to the public without the necessity of a request for access,

(b) file the edited copy of the comments at the project registry, and

(c) advise the applicant for the project approval certificate that the comments have been received and give the applicant an opportunity to respond to the edited written comments.

Public information and consultation

16 Before a decision may be made under section 23, an applicant, if and as directed to do so by the executive director, must carry out each or any combination of the following activities relating to the distribution of information about the project:

(a) advertise the application in the manner specified by the executive director;

(b) conduct a program of public consultation, in a manner approved by the executive director;

(c) provide to persons or organizations specified by the executive director a copy of the application, or notice of its availability for inspection at one or more locations specified by the executive director.

Project committee

17 (1) As soon as practical after an application for a project approval certificate has been filed at the project registry, the executive director must establish a project committee.

(2) The executive director may invite any of the following to nominate one or more individuals to represent the nominator on a project committee established under subsection (1):

(a) a ministry or agency of the government of British Columbia;

(b) a department or agency of the government of Canada;

(c) a municipality or a regional district located in the vicinity of the project;

(d) a first nation whose traditional territory includes or is near the site of the project;

(e) any of British Columbia's neighbouring jurisdictions in the vicinity of the project.

(3) A project committee is composed of all of the nominated individuals.

(4) The executive director is the chair of a project committee unless the executive director delegates the responsibility of chairing that committee to another individual employed in the Environmental Assessment Office.

(5) Subject to the regulations, a project committee may

(a) determine its own procedure, and

(b) provide for the conduct of its meetings.

Purpose of project committee

18 The purpose of a project committee is

(a) to provide to the executive director, the minister and the responsible minister expertise, advice, analysis and recommendations respecting the reviewable project for which the committee is established, and

(b) for the reviewable project for which the committee is established, to analyze and advise the executive director, the minister and the responsible minister on

(i) the written comments received in response to an invitation under this Act,

(ii) the potential effects, and

(iii) the prevention or mitigation of adverse effects.

 
Division 4 -- Decision on the Application

Referral to ministers for early decision

19 (1) The executive director must refer an application for a project approval certificate to the minister and the responsible minister for a decision under section 23 if, after consideration of the application and any written comments received about the application, the project committee determines that

(a) the application

(i) adequately identifies and describes the potential effects of the project, and

(ii) describes practical means of preventing or reducing to an acceptable level any adverse effects of the project , or

(b) the application

(i) adequately identifies and describes the potential effects of the project, including significant adverse potential effects, but

(ii) does not identify any practical means of preventing or reducing to an acceptable level those significant adverse potential effects.

(2) The project committee must give written reasons for a determination under subsection (1) and may include recommendations that it considers relevant to the minister's decision under section 23 (a), (b) or (c).

(3) Within the prescribed period, the project committee must either

(a) make the determination under subsection (1), or

(b) make a determination under section 20 (1).

When further review required

20 (1) The executive director must direct that an applicant for a project approval certificate prepare a project report in accordance with Division 5, if, after consideration of the application and of any written comments received about the application, the project committee determines that a detailed review of the potential effects of the project is required.

(2) The project committee must give written reasons for a determination under subsection (1) and may include recommendations that it considers relevant to further review under Divisions 5 and 6.

Prerequisites to a determination
under section 19 or 20

21 The project committee must not make a determination under section 19 or 20 in respect of any application for a project approval certificate unless

(a) the period specified under section 13 (c) for receiving written comments about the application has elapsed, and

(b) the applicant has carried out any direction, given by the executive director under section 16, relating to the distribution of information about the project.

Filing at the project registry

22 The executive director must file at the project registry

(a) any determination made by the project committee under section 19 or 20 together with the written reasons for it, and

(b) any recommendations under section 19 or 20 of the project committee.

Ministers' power to approve,
reject or require further review

23 (1) After the minister and the responsible minister have considered an application referred to them under section 19, any written comments about that application that have been received, any response of the applicant to the written comments and any recommendations made by the project committee, the minister with the concurrence of the responsible minister must

(a) issue a project approval certificate and attach any conditions to it that the ministers consider necessary,

(b) refuse to issue the project approval certificate applied for, or

(c) direct that the application undergo further review under Divisions 5 and 6, and return the application to the executive director for the purpose of that further review.

(2) The ministers must give written reasons for a decision, under subsection (1), and the decision must be filed at the project registry and delivered to the applicant.

 
Division 5 -- Preparation of a Project Report

Definition of "application"
for Divisions 5 and 6

24 In this Division and in Division 6, "application" means an application for a project approval certificate that must undergo further review in accordance with a direction under section 23 (1) (c) of the minister or under section 20 (1) of the executive director.

Project report specifications

25 (1) For each application, the executive director, after taking into account the recommendations of the project committee and within the prescribed period, must prepare project report specifications that identify, and require the project report to contain or be accompanied by, any

(a) information,

(b) analysis, and

(c) plans

that, based on the analysis of the application and the written reasons referred to in section 20, the project committee considers relevant to an effective assessment of the potential effects of the project.

(2) The project report specifications are for the use of the applicant in preparing the project report required for the purpose of section 33.

Matters to be included in a project report

26 Without limiting section 25, the project report specifications may identify, and require the project report to contain or be accompanied by, information and analysis that reveal, explain or give particulars of

(a) the rationale for the project,

(b) the site selection procedure for the project, the reason why the site was chosen and a description of alternative sites considered,

(c) the existing environmental, economic, social, cultural and heritage characteristics and conditions that may be affected by the project,

(d) the potential for direct and indirect effects of the project,

(e) alternatives to the methods of construction, operation, modification, dismantling or abandonment proposed in the application,

(f) the potential effects of the alternatives referred to in paragraph (e),

(g) potential impacts on the cultural or sustenance activities of aboriginal people,

(h) health issues,

(i) the potential for accidents with adverse effects,

(j) data necessary or useful to enable the assessment of the probable cumulative effects of the project, and

(k) the potential trans boundary effects of the project.

Plans to be provided

27 Without limiting section 25, the project report specifications may identify, and require the project report to contain or be accompanied by one or more plans, showing in a manner satisfactory to the executive director how the applicant proposes to carry out all or any combination of the following:

(a) public consultation about the project;

(b) measures to prevent or mitigate adverse effects of the project;

(c) monitoring the effects of the project;

(d) evaluating the adequacy of any measures proposed to prevent or mitigate adverse effects of the project.

Opportunity for public comment

28 Within 7 days after preparation of the project report specifications for an application, the executive director must

(a) give notice to the public inviting written comments describing any concerns about the information, analysis and plans that ought to be contained in, or included with the project report,

(b) file a copy of the notice at the project registry,

(c) specify a period, of at least 15 but no more than 30 days during which written comments in response to an invitation under this section must be received at the office of the executive director in order to be taken into account in the revision under section 31 of the project report specifications, and

(d) file at the project registry and deliver to the applicant a copy of the project report specifications.

Executive director circulates specifications

29 (1) To the extent that the executive director considers practical and appropriate, the executive director must circulate the project report specifications,

(a) internally within the government of British Columbia and its agencies,

(b) to the government of Canada and its agencies,

(c) to municipalities and regional districts located in the vicinity of the project,

(d) to first nations whose traditional territory includes or is near the site of the project, and

(e) to any of British Columbia's neighbouring jurisdictions in the vicinity of the project.

(2) The executive director must include with project report specifications circulated under this section a notice inviting written comments describing any concerns about the information, analysis and plans that ought to be contained in or included with the project report.

Comments to be filed at project registry

30 Within 7 days after receipt of any written comments in response to an invitation under section 28 or 29, the executive director must

(a) edit a copy of the comments by removing any information other than information that, under the Freedom of Information and Protection of Privacy Act is available to the public without the necessity of a request for access,

(b) file the edited copy of the comments at the project registry, and

(c) advise the applicant for the project approval certificate that the comments have been received and give the applicant an opportunity to respond to the edited written comments.

Revised project report specifications

31 Within the prescribed period after expiry of the period specified under section 28 (c) the executive director must

(a) make any revisions to the project report specifications that the executive director in consultation with the project committee considers necessary for an effective assessment of the potential effects of the project,

(b) file at the project registry a copy of the project report specifications containing any revisions under paragraph (a), and

(c) deliver the project report specifications to the applicant together with a request that the applicant prepare the project report in accordance with the specifications and submit it to the executive director for review under Division 6.

Availability to applicant of
existing information

32 If the executive director has information, analysis and plans relating to one or more reviewable projects or types of reviewable projects previously reviewed under this Act and the information, analysis and plans are relevant to the preparation of a project report to be submitted under section 31,

(a) the executive director may make available to the applicant the parts of the information, analysis and plans that, under the Freedom of Information and Protection of Privacy Act, are available to the public without the necessity of a request for access under that Act, and

(b) at the applicant's written request may specify any part of the information, analysis and plans as acceptable in fulfillment or partial fulfillment of any of the requirements of section 31.

 
Division 6 -- Review of the Project Report

Accepting a project report

33 (1) If, after taking into account the recommendations of the project committee, the executive director is satisfied that a project report submitted under section 31 meets the project report specifications, the executive director must accept the project report and deliver written notice of the acceptance to the applicant.

(2) If, after taking into account the recommendations of the project committee, the executive director considers that a project report submitted under section 31 is deficient because it does not meet the project report specifications, the executive director must

(a) deliver written notice of the deficiency to the applicant, and

(b) withhold acceptance of the project report until the applicant remedies the deficiency.

(3) A determination by the executive director of whether or not a project report meets the project report specifications must be made and delivered to the applicant within the prescribed period.

(4) If the determination is not made within the period prescribed for the purpose of subsection (3) the executive director is deemed to have accepted the project report under subsection (1) at the expiry of the period.

Filing the project report

34 Within 7 days after accepting a project report, the executive director must

(a) give notice to the public inviting written comments describing any concerns about the potential effects of the project,

(b) file a copy of the notice at the project registry,

(c) specify a period, of at least 45 but no more than 60 days during which written comments in response to an invitation under paragraph (a) must be received at the office of the executive director in order to be taken into account in the review of the project report,

(d) edit a copy of the project report by removing any information other than information that, under the Freedom of Information and Protection of Privacy Act, is available to the public without the necessity of a request for access,

(e) file the edited copy of the project report at the project registry, and

(f) provide the project report to the project committee for review.

Circulating the project report

35 (1) To the extent that the executive director considers practical and appropriate, the executive director must circulate a project report

(a) internally within the government of British Columbia and its agencies,

(b) to the government of Canada and its agencies,

(c) to municipalities and regional districts located in the vicinity of the project,

(d) to first nations whose traditional territory includes or is near the site of the project, and

(e) to any of British Columbia's neighbouring jurisdictions in the vicinity of the project.

(2) The executive director must include with a project report circulated under this section a notice inviting written comments describing any concerns about the project, its assessment and review.

Availability of the project report

36 Before a decision may be made under section 39, an applicant if and as directed to do so by the executive director, must carry out each or any combination of the following activities relating to the distribution of information about the project:

(a) advertise the availability of the project report in the manner specified by the executive director;

(b) conduct a program of public information and public consultation, in a manner approved by the executive director;

(c) provide to persons or organizations specified by the executive director a copy of the project report, or notice of its availability for inspection at one or more locations specified by the executive director.

Comments filed at project registry

37 Within 7 days after receipt of written comments about the potential effects of a project in response to an invitation under section 34 (a) or 35, the executive director must

(a) edit a copy of the comments by removing any information other than information that, under the Freedom of Information and Protection of Privacy Act, is available to the public without the necessity of a request for access,

(b) file the edited copy of the comments at the project registry, and

(c) advise the applicant for the project approval certificate that the comments have been received and give the applicant an opportunity to respond to the edited written comments.

Referral to ministers for decision

38 (1) The executive director must refer an application for a project approval certificate to the minister and the responsible minister for a decision under section 39 if all of the following requirements have been fulfilled:

(a) after consideration of the project report and any written comments received about it, the project committee determines, that the project report is in substantial compliance with the project report specifications, including any revisions under section 31;

(b) the applicant has carried out any direction, given by the executive director under section 36, relating to the distribution of information about the project;

(c) the period specified under section 34 for receiving written comments describing concerns about the potential effects of the project has elapsed.

(2) The executive director must file at the project registry the findings and recommendations of the project committee.

(3) The referral under subsection (1) must be made within the prescribed period.

Ministers' power to approve, reject
or refer to board

39 (1) After the minister and the responsible minister have considered an application referred under section 38, any written comments about the application that have been received, any response of the applicant to the written comments and the recommendations of the project committee, the minister with the concurrence of the responsible minister must

(a) issue a project approval certificate and attach any conditions to it that the ministers consider necessary,

(b) refuse to issue the project approval certificate applied for, or

(c) refer the application to the Environmental Assessment Board for the purpose of the public hearing required under section 52.

(2) The minister with the concurrence of the responsible minister must give written reasons for a decision under subsection (1) (a), (b) or (c).

Minister to specify terms of
reference for public hearing

40 (1) The minister with the concurrence of the responsible minister must specify written terms of reference for the purpose of a public hearing under section 52 into an application referred to the board under section 39 (1)

(c).

(2) The terms of reference may include either or both of the following:

(a) a requirement that the board consider and recommend whether, in relation to the application referred, an approval, licence, permit, other authorization or an amendment to any of them, should be made, given or issued under the Waste Management Act or section 6, 7, 10 or 11 of the Water Act;

(b) a requirement that the board's hearings of specified applications be consolidated into one hearing.

Filing the terms of reference

41 The executive director must file any decision under section 39 (1) or terms of reference under section 40 (1) at the project registry and deliver to the applicant a copy of the decision or terms of reference.

Report to Lieutenant Governor
in Council after public hearing

42 (1) On conclusion of a public hearing under section 51 or 52 of an application for a project approval certificate, the board must submit to the Lieutenant Governor in Council a written report that includes

(a) the board's recommendation whether to issue or refuse to issue the project approval certificate applied for,

(b) if the board recommends approval, the board's further recommendations as to any conditions for the project approval certificate that the board considers necessary, including but not limited to conditions relating to

(i) preventing or mitigating any adverse effects of the project,

(ii) monitoring the effects of the project, and

(iii) evaluating the adequacy of the measures to prevent or mitigate the adverse effects of the project, and

(c) a summary of the evidence received and submissions made in the course of the public hearing.

(2) The executive director must file at the project registry a copy of the written report submitted by the board under subsection (1).

Lieutenant Governor in Council's
decision to approve or reject

43 (1) On receiving the board's report the Lieutenant Governor in Council may order that

(a) the project approval certificate applied for be issued by the minister, subject to any conditions that the Lieutenant Governor in Council may specify,

(b) the project approval certificate applied for be refused, or

(c) an approval, licence, permit, other authorization or amendment, referred to in section 40 (2), be made, given or issued subject to any conditions that the Lieutenant Governor in Council may specify.

(2) An order under subsection (1) is final and binding.

(3) If the Lieutenant Governor in Council makes an order under subsection (1) (c), the person, board, tribunal or agency that, apart from this Act, has the authority or power to issue or decide to issue the approval, licence, permit, other authorization or amendment must issue it in accordance with the order, despite anything in the Waste Management Act or the Water Act.

(4) Despite anything in the Waste Management Act or the Water Act, the issuance, in accordance with an order under subsection (1) (c), of an approval, licence, permit, other authorization or amendment is

(a) final and binding, and

(b) not subject to review or appeal under those Acts.

(5) A copy of an order made under this section must be filed at the project registry.

 
Division 7 -- Project Approval Certificate

When project begins

44 (1) A project approval certificate must specify a deadline, not less than 3 years nor more than 5 years after the issue date of the certificate, by which the holder of the certificate must begin construction of the project.

(2) On application by the holder of a project approval certificate, the minister with the concurrence of the responsible minister may extend the deadline specified in the certificate.

Project certificate remains in effect

45 Subject to cancellation or suspension under section 69, a project approval certificate remains in effect for the life of the project.

Project may proceed in stages

46 A project approval certificate may allow the holder of the certificate to implement the project in stages that are identified in the certificate.

Follow up measures

47 (1) A project approval certificate may contain conditions that require the holder of the certificate, on an ongoing basis,

(a) to monitor any effects of the project,

(b) to compare the anticipated effects of the project, as set out in the project report, with the actual effects of the project,

(c) to evaluate the adequacy of the measures taken by the holder to prevent or mitigate any adverse effects of the project, and

(d) to report in writing to the executive director the results of the activities described in paragraphs (a) to (c).

(2) The executive director must file at the project registry a report received under subsection (1) (d).

 
PART 3

Environmental Assessment Board

Environmental Assessment Board

48 (1) There is established the Environmental Assessment Board consisting of 2 regular members appointed under subsection (2) and the temporary members appointed under subsection (3).

(2) The Lieutenant Governor in Council must appoint as the regular members individuals who, in the opinion of the Lieutenant Governor in Council, have expertise relevant to the assessment of the environmental, economic, social, cultural and heritage effects of major projects.

(3) The Lieutenant Governor in Council may appoint as temporary members for the purpose of a matter or matters referred to the board individuals who, in the opinion of the Lieutenant Governor in Council have relevant expertise or special knowledge.

(4) The Lieutenant Governor in Council must designate one of the regular members as the chair of the board.

(5) The chair of the board has supervision of the board and direction of its work and staff.

Organization into panels

49 (1) The chair may organize the board into panels, each comprised of one or more members.

(2) The members of the board may sit as a board or as a panel of the board.

(3) If members of the board sit as a panel,

(a) one or more panels may sit at the same time,

(b) the panel has all the jurisdiction of and may exercise and perform the powers and duties of the board, and

(c) an order, decision or action of the panel is an order, decision or action of the board.

Remuneration, etc.

50 (1) The Lieutenant Governor in Council may fix the salary of the regular members of the board, the remuneration of the temporary members, and the terms and conditions of their appointments.

(2) The Lieutenant Governor in Council may order that the Pension (Public Service) Act applies to a regular member named in the order.

Mandate of the board

51 (1) It is the duty of the board, and it is empowered,

(a) to conduct public hearings into, and review and make recommendations to the Lieutenant Governor in Council concerning, applications that are referred to the board by the minister with the concurrence of the responsible minister under section 39,

(b) in accordance with terms of reference specified by order of the minister under section 86,

(i) to conduct a review of a matter referred by the minister under section 86, and

(ii) to report back to the minister, and

(c) in accordance with terms of reference specified by order of the Lieutenant Governor in Council acting under the authority of another Act,

(i) to conduct a review of the effects, as defined in this Act, of activities pertaining to the environment or to land use that are contemplated or proposed under that other Act, and

(ii) to report the results of the review to the Lieutenant Governor in Council.

(2) If directed to do so under the terms of reference referred to in subsection (1) (b) or (c), the board must conduct public hearings in respect of the matters referred.

Public hearings on applications
referred to board

52 (1) The board must conduct, in accordance with the written terms of reference specified under section 40, a public hearing into an application referred to it under section 39 by the minister with the concurrence of the responsible minister.

(2) A public hearing under subsection (1) must not begin sooner than 15 days after the terms of reference specified under section 40 have been filed at the project registry.

Notice of public hearing

53 (1) The board must give notice in accordance with this section of a public hearing that is required under section 51 or 52.

(2) The notice must

(a) state the time, date and place of the hearing and, in general terms, the subject matter of the hearing, and

(b) in the prescribed form and manner, be published and distributed.

(3) The executive director must file the notice at the project registry and, if the hearing relates to an application for a project approval certificate, must deliver a copy of the notice to the applicant in advance of the publication of the notice.

Conduct of hearings

54 (1) The board may determine the procedures to be followed for the purposes of public hearings required under section 52.

(2) Hearings are open to the public and may be conducted in an informal manner.

(3) The board may receive or accept evidence whether or not it would be admissible in a court of law.

(4) In a hearing before the board or a panel of the board, if a member is absent or unable to attend the hearing, the member is disqualified from continuing to participate in the hearing, and the member or members remaining present may exercise and perform all the jurisdiction, powers and duties of the board.

(5) The board may exclude the public from a hearing for the purpose of receiving evidence if the board considers that the desirability of avoiding disclosure of the evidence in order to protect the interest of any person, or to protect the public interest, outweighs the desirability of public disclosure.

Costs of the board

55 (1) In this section "costs of the board" includes but is not limited to

(a) costs incurred by the board for the services of consultants and experts engaged in connection with the proceeding, and

(b) costs paid under section 62 by the board to participants in the review of an application.

(2) The board may order that the costs of the board incidental to the review of an application for a project approval certificate must be paid by one or more participants in the review, in such amounts and proportions as the board may determine.

Powers of inquiry

56 (1) For the purposes of a public hearing required under section 39, the board has the powers, protection and privileges given under sections 12, 15 and 16 of the Inquiry Act to a commissioner appointed under Part 2 of that Act.

(2) For the purposes of a matter that the minister refers to the board under section 86 the minister by order may confer on the board the powers, privileges and protection given under sections 12, 15 and 16 of the Inquiry Act to a commissioner appointed under Part 2 of that Act.

(3) For the purpose of a review referred to in section 51 (1) (c) the Lieutenant Governor in Council by order may confer on the board the powers, privileges and protection given under sections 12, 15 and 16 of the Inquiry Act to a commissioner appointed under Part 2 of that Act.

Annual report

57 (1) As soon as practical after the end of the fiscal year of the government, the board must submit to the minister an annual report that includes a list of projects for which public hearings were conducted and a summary of the results of those public hearings.

(2) The board may include in the report recommendations in regard to performing its functions under this Act.

(3) The report must be tabled before the Legislative Assembly as soon as practical after it is submitted to the minister.

 
PART 4

Administration of the Process

Environmental Assessment Office

58 (1) The Environmental Assessment Office is established as an office of the government under the direction of the minister.

(2) The purpose of the Environmental Assessment Office is to assist the minister in the administration of this Act.

Appointment of the executive director

59 (1) The Lieutenant Governor in Council must appoint an individual to be the Executive Director of the Environmental Assessment Office.

(2) Subject to this section, the Lieutenant Governor in Council may establish the remuneration and other terms and conditions of the appointment of the executive director.

Delegation by executive director

60 (1) The executive director by conditional or unconditional written authority may delegate the powers and duties of the executive director under this Act or under the regulations to any person employed in the Environmental Assessment Office.

(2) A person to whom the executive director, by written authority under subsection (1), delegates powers and duties may exercise the powers and must perform the duties in accordance with the written authority.

Project registry

61 (1) For the purpose of facilitating public access to records relating to environmental assessments, the project registry is established in the Environmental Assessment Office, to be administered and maintained by the executive director.

(2) The executive director must keep and make available for public inspection at the project registry

(a) a list identifying every reviewable project for which an application for a project approval certificate has been accepted under section 10 by the executive director,

(b) for each reviewable project listed, an index specifying the records filed at the project registry that pertain to that reviewable project, and

(c) for each reviewable project listed, the parts of the records received by the executive director that

(i) pertain to that reviewable project, and

(ii) under the Freedom of Information and Protection of Privacy Act, are available to the public on demand without the necessity of a request for access under that Act.

(3) For the convenience of the people of any region the executive director may specify offices in the region at which the public may inspect

(a) the list referred to in subsection (2) (a),

(b) for selected reviewable projects in that region, the indexes that are kept under subsection (2) (b) for those reviewable projects, and

(c) for each of those selected reviewable projects, the pertinent records.

Discretion to assist participants

62 (1) In prescribed circumstances the minister, if the minister considers it to be necessary or desirable to enable or support the participation of one or more persons or organizations in all stages, up to and including the making of a decision under section 39, of the review of an application for a project approval certificate, may

(a) pay the costs, or part of the costs incurred by them in participating in the review of that application, and

(b) provide access to technical expertise.

(2) Amounts paid for costs under this section must not exceed the prescribed limits.

Applicant may be required
to pay participant costs

63 The board may order an applicant for a project approval certificate who is a participant in a proceeding before the board, because of a referral under section 39, to pay all or part of the costs of another participant in the proceeding.

Mediation may be authorized

64 (1) The board or the executive director, as the case may be, may make the services of a mediator available to applicants for project approval certificates, and to parties interested in the outcome of the application.

(2) If satisfied that mediation will be conducive to the settlement of one or more issues related to the review of the application, the board or the executive director, as the case may be, may

(a) invite the applicant and any parties interested in the outcome of the application to participate in mediation of an issue or issues,

(b) refer the issue or issues to a mediator for mediation, and

(c) require the mediator to report the results of the mediation by a time to be specified in the referral.

 
PART 5

Sanctions

Inspection power

65 A person authorized in writing by the minister may enter at any reasonable time on property at which a reviewable project is being constructed or is in operation, and may inspect any works or activity connected with the reviewable project.

Minister's order to cease or remedy

66 (1) If the minister considers that a reviewable project is not being constructed, operated, modified, dismantled or abandoned in accordance with a project approval certificate, the minister,

(a) if a project approval certificate for the reviewable project has not been issued or has been issued but does not remain in effect, may order that construction, operation, modification, dismantling or abandonment of the project cease, altogether or to the extent specified by the minister, until the proponent of the project obtains a project approval certificate, or

(b) if a project approval certificate for the reviewable project, has been issued and remains in effect, may

(i) order that construction, operation, modification, dismantling or abandonment of the project cease, altogether or to the extent specified by the minister, until the holder of the project approval certificate complies with it, or

(ii) order that the holder of the project approval certificate carry out measures specified by the minister in order to ameliorate the effects of non-compliance.

(2) An order made under this section may be made to apply generally or to one or more persons named in the order.

Order for compliance

67 (1) If the minister considers that a person is not complying, or has not complied, with an order made under this Act, the minister may apply to the Supreme Court for either or both of the following:

(a) an order directing the person to comply with the order or restraining the person from violating the order;

(b) an order directing the directors and officers of the person to cause the person to comply with or to cease violating the order.

(2) On application by the minister under this section, the Supreme Court may make an order it considers appropriate.

Compliance agreement

68 (1) If the minister considers it appropriate to do so, the minister may give the holder of a project approval certificate an opportunity to make a written compliance agreement with the minister, by which the holder undertakes to comply with the project approval certificate within the time specified in the agreement.

(2) Despite a compliance agreement, the minister may make an order referred to in section 66 in respect of the holder of a project approval certificate or another person that is the subject of an order under section 66

(a) on matters not covered by the agreement,

(b) when the agreement is not complied with, on matters covered in the agreement, and

(c) on matters provided for in the agreement if all the facts related to those matters were not known by the minister at the time of the agreement.

(3) On the application of a holder of a project approval certificate that has made a compliance agreement with the minister, the minister may approve the alteration of the agreement.

(4) The executive director must file at the project registry a copy of a compliance agreement made under this section.

Suspension, cancellation and
amendment of certificates

69 (1) For any of the reasons listed in subsection (2) the minister by order may

(a) suspend or cancel a project approval certificate, or

(b) amend or attach new conditions to a project approval certificate.

(2) The reasons referred to in subsection (1) are as follows:

(a) the holder of the project approval certificate does not begin construction of the project by the deadline specified in the certificate;

(b) the minister has reasonable and probable grounds to believe that the holder of the certificate is in default of

(i) an order of the Supreme Court made under section 67 (2), 77 or 79,

(ii) an order of the minister made under section 66 or 68, or

(iii) one or more requirements of the certificate;

(c) the holder of the certificate has been convicted of an offence under this Act;

(d) the minister has reasonable and probable grounds to believe that the holder of the certificate is or will be for any reason, including but not limited to financial instability, incapable of fulfilling one or more of the requirements of the certificate;

(e) the holder of the certificate is in default of an order made under section 55 or 63 that the proponent pay hearing costs.

(3) An amendment made or condition attached to a project approval certificate under this section is conclusively deemed to be part of the certificate, whether contained in, attached to it or contained in a separate document.

(4) This section does not prevent the amendment of a project certificate in a manner agreed to by the holder of the certificate and the minister.

(5) The executive director must file at the project registry a copy of any amendment to a project approval certificate.

Notice requirements

70 (1) Immediately after the minister makes an order under section 69 (1) the executive director must deliver a copy of the order to the holder of the project approval certificate or the former holder, as the case may be.

(2) Not later than 14 days after delivery of a copy of the order under subsection (1) the holder or former holder of the project approval certificate, by written notice delivered to the minister, may require a hearing before the minister.

Hearing

71 A hearing required under section 70 must be commenced as soon as practical after the minister receives notice that a hearing is required.

Reinstatement of certificate

72 The minister by order may

(a) cancel a condition, attached under section 69, of a project approval certificate, or

(b) subject to any conditions the minister considers appropriate, the minister may reinstate a project approval certificate that under section 69 has been suspended or cancelled.

Offences and penalties

73 (1) Section 5 of the Offence Act does not apply to this Act or to the regulations.

(2) A person commits an offence who

(a) contravenes section 5,

(b) neglects or refuses to comply with

(i) a project approval certificate, or

(ii) an order referred to in section 66, or

(c) makes a statement in a record filed or provided under this Act that, at the time and in the light of the circumstances under which the statement is made, is false or misleading with respect to a material fact or that omits to state a material fact, the omission of which makes the statement false or misleading.

(3) A person does not commit an offence under subsection (2)

(c) if at the time of the statement the person did not know that the statement was false or misleading and, in the exercise of reasonable diligence, could not have known that the statement was false or misleading.

(4) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorizes, permits or acquiesces in the offence commits the same offence whether or not the corporation is convicted of the offence.

Effect of voluntary
compliance agreement

74 A project approval certificate holder that

(a) enters into a voluntary compliance agreement approved under section 68 by the minister, and

(b) complies fully with the agreement

does not commit an offence under section 73 (2) in respect of a contravention of this Act that the agreement is intended to rectify.

Penalties

75 A person who commits any offence under section 73 (2) is liable

(a) in the case of a corporation on a first conviction, to a fine of not more than $100 000 and, on each subsequent conviction, to a fine of not more than $200 000, and

(b) in the case of an individual

(i) on a first conviction, to a fine of not more than $100 000 or to imprisonment for not more than 6 months or to both, and

(ii) on each subsequent conviction, to a fine of not more than $200 000 or to imprisonment for not more than 12 months or to both.

Remedies preserved

76 A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.

Court order to comply

77 If a person is convicted of an offence under this Act or the regulations, then, in addition to any punishment the court may impose, the court may order the person to comply with the provisions of this Act.

Limitation period

78 No proceeding for an offence under this Act or the regulations may be commenced in any court more than 3 years after the facts on which the proceedings are based first come to the knowledge of the minister.

Restitution

79 If a person is convicted of an offence under this Act, then, in addition to any other penalty, the court may order the person convicted to pay compensation or make restitution.

 
PART 6

General Provisions

 
Division 1 -- General

Delegation

80 The minister may in writing delegate to any employee of the government or of a government agency any power or duty conferred or imposed on the minister under this Act, other than under section 23, 39, 69 or 72.

Employees, consultants, etc.

81 The board, for its purposes, and the executive director, for the other purposes under this Act, may retain consultants and mediators and fix their remuneration and the terms and conditions of their retainers.

Immunity for acts or omissions in good faith

82 (1) No action may be brought against the minister, the responsible minister, the executive director, a member of the board or a person who is subject to the direction of the minister, the responsible minister or the executive director because of anything done or omitted in good faith

(a) in the performance or intended performance of any duty under this Act or the regulations, or

(b) in the exercise or intended exercise of any power under this Act or the regulations.

(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.

No testimony in civil action

83 A minister, the executive director, a member of the board or a person who is subject to the direction of the minister, the executive director or the board is not required, in a civil action to which the minister, executive director, member or person, as the case may be, is not a party

(a) to testify, or

(b) to produce evidence

about information obtained in the discharge of duties under this Act.

 
Division 2 -- Agreements with Other Canadian Jurisdictions

Agreements

84 (1) For one or more of the purposes set out in subsection (2), the minister, with respect to a reviewable project that is governed by the laws of British Columbia and the laws

(a) of Canada,

(b) of one or more other provinces or territories of Canada, or

(c) of Canada and one or more other provinces or territories,

as the case may be, may enter into an agreement with the other jurisdiction or jurisdictions that provides for an assessment of the reviewable project that is at least equivalent to the assessment that would otherwise be required under this Act.

(2) The purposes referred to in subsection (1) are as follows:

(a) to determine what aspects of the reviewable project are governed by the laws of each jurisdiction that is a party to the agreement;

(b) to provide for the carrying out jointly by the jurisdictions that are parties to the agreement of

(i) all or any part of the process of the review for the purposes of this Act of the potential effects of the reviewable project, and

(ii) the provisions in any enactment of the other jurisdiction or jurisdictions that operate for substantially the same purposes as the relevant provisions of this Act;

(c) to provide for the adoption by one or more of the jurisdictions that are parties to the agreement, for the purposes of their environmental assessment requirements, of

(i) all or part of the environmental assessment process of the other jurisdiction or jurisdictions, and

(ii) reports and similar documents prepared by or under the authority of the laws of the other jurisdiction as part of the environmental assessment process of the other jurisdiction or jurisdictions.

Variations to accommodate
agreements with other jurisdictions

85 Effective on the date of an agreement made in accordance with section 84, and for as long as the agreement remains in effect, both this Act and the regulations are by this section deemed to be varied, in their application to or in respect of the reviewable project that is the subject of the agreement, to the extent necessary to accommodate the agreement.

 
Division 3 -- Special Administrative Powers

Review of a matter that is not
the subject of an application

86 The minister by order may

(a) refer to the board any matter that is not the subject of an application for a project approval certificate and that the minister considers relevant to the process of assessing reviewable projects under this Act, and

(b) specify terms of reference for the purpose of the referral.

Suspension of review
pending other inquiries

87 At any time after acceptance under section 10 of an application for a project approval certificate but before a decision under section 39 about the application, the minister by order may suspend the review of the application pending the outcome of an inquiry that

(a) is authorized under the Inquiry Act or another Act, and

(b) in the opinion of the minister, is material to the review under this Act of the application.

Extensions of time

88 The minister may extend by order, with or without conditions, the time limit for doing anything under this Act or the regulations, and may grant the extension notwithstanding that the time limit to be extended has expired.

Emergency variations to review process

89 (1) If the Lieutenant Governor in Council considers that there is or will be an emergency that warrants or will warrant the variation, the Lieutenant Governor in Council by order may vary, as the Lieutenant Governor in Council considers necessary to respond to the emergency, one or more provisions of this Act or the regulations, as the provisions apply to or in respect of a specified reviewable project or a specified category of reviewable projects.

(2) The Lieutenant Governor in Council

(a) may attach conditions to an order made under this section,

(b) may categorize reviewable projects for the purpose of an order made under this section, including into categories that may differ from the categories of reviewable projects prescribed under section 90, and

(c) may provide differently in an order under this section for different reviewable projects or for different categories of reviewable projects.

(3) An order under this section is final and binding.

(4) A copy of an order made under this section must be filed at the project registry.

 
PART 7

Regulations and Transition

Regulations

90 (1) The Lieutenant Governor in Council may make regulations.

(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations

(a) specifying the enactments for the purpose of section 6 (2),

(b) prescribing the fees for applications for project approval certificates and the fees to be paid in respect of other matters connected with the administration of this Act,

(c) prescribing information for the purposes of section 8 (2),

(d) respecting the form and content of applications for project approval certificates and project reports,

(e) respecting the procedures and the conduct of meetings of project committees,

(f) prescribing additional responsibilities and duties of the executive director or of the board,

(g) prescribing the circumstances and defining "costs" for the purposes of section 62 (1),

(h) prescribing the limits for the purposes of section 62 (2),

(i) defining a word or expression used but not defined in this Act, and

(j) providing that a provision of this Act, or of the regulations, does not apply to or in respect of reviewable projects and prescribing circumstances in which or conditions on which the provision is disapplied under this paragraph.

(3) The Lieutenant Governor in Council must not exercise the power to make regulations under subsection (2) (a) unless satisfied that the exercise of the power under the enactment to be specified

(a) assists or will assist an applicant to provide information, analysis or plans for a purpose under this Act or the regulations, or

(b) is or will be necessary or desirable in order to respond to an emergency.

(4) A regulation made under subsection (2) (b), (c), (d) or (j) may

(a) be made applicable generally or to a specific category of reviewable project,

(b) categorize reviewable projects for the purpose of the regulation, or

(c) provide differently for different categories of reviewable projects.

Transitional provisions

91 (1) An application or matter must be continued and disposed of under this Act as an application for a project approval certificate if, immediately before this subsection comes into force, the application or matter is undergoing review as

(a) a regulated project under the Utilities Commission Act,

(b) a reviewable mine development under the Mine Development Assessment Act, or

(c) a project reviewable under procedures generally known as the major project review process.

(2) Records that before the coming into force of subsection (1) were filed or submitted under the Utilities Commission Act, the Mine Development Assessment Act or the major project review process may be accepted by the executive director in full or partial satisfaction of the requirements of this Act.

(3) A certificate, order, approval or decision that, at the time this section comes into force, is in effect under the Utilities Commission Act, the Mine Development Assessment Act or the major project review process

(a) must be deemed to have been issued under this Act, and

(b) continues in force until it expires or, under this Act, is suspended or cancelled.

 
Consequential Amendments

 
Agricultural Land Commission Act

92 Section 29 (1) of the Agricultural Land Commission Act, R.S.B.C. 1979, c. 9, is amended by adding "the Environmental Assessment Act," after "the Environment and Land Use Act,".

 
Greenbelt Act

93 Section 10 of the Greenbelt Act, R.S.B.C. 1979, c. 157, is amended by adding "the Environmental Assessment Act," after "the Environment and Land Use Act,".

 
Mine Development Assessment Act

94 The Mine Development Assessment Act, S.B.C. 1990, c. 55, is repealed.

 
Park Act

95 Section 29 (1) of the Park Act, R.S.B.C. 1979, c. 309, is amended by adding "the Environmental Assessment Act," after "the Environment and Land Use Act,".

 
Utilities Commission Act

96 Section 5 (5) of the Utilities Commission Act, S.B.C. 1980, c. 60, is amended by striking out "sections 19 (2) and 24 (2)" and substituting "section 24 (2)".

97 Section 6 (2) is repealed and the following substituted:

(2) Where the Lieutenant Governor in Council under subsection (1) refers a matter to the commission, the Lieutenant Governor in Council may specify terms of reference requiring and empowering the commission to inquire into the matter.

98 Section 16 (1) is amended by repealing all of the definitions except the definitions of "energy", "energy resource" and "regulated project".

99 Sections 17 to 21 are repealed.

100 Section 25.1 (1) is repealed and the following substituted:

(1) In an energy removal certificate under section 24 or 25 imposing conditions, the minister or the Lieutenant Governor in Council, depending on which of them issues the certificate and to the extent the minister or the Lieutenant Governor in Council considers advisable, may permit a person specified in the certificate to add to, vary or delete the conditions in the order or certificate.

(1.1) On an addition, variation or deletion by a person specified in a certificate referred to in subsection (1) being communicated to the holder of the certificate or to a person otherwise affected, the changes are binding as if they had been expressly included in the certificate.

101 Section 51 is amended

(a) in subsection (2) by striking out "regulated project." and substituting "regulated project under this Act or a reviewable project under the Environmental Assessment Act.", and

(b) by repealing subsections (7) and (8).

102 Section 124 (1) (g) is amended by striking out "17 or".

103 Section 124.1 is repealed and the following substituted:

Restraining orders

124.1 (1) Where a person, to or in respect of whom

(a) an energy removal certificate,

(b) a certificate of public convenience and necessity,

(c) an order under section 27, 60 or 61 (9), or

(d) an approval given under section 57 or 61 (4), (6) or (7)

is issued, contravenes a condition or requirement of the certificate, order or approval, the contravention may be restrained in a proceeding brought by the minister in the Supreme Court.

(2) Where a person contravenes section 22, the contravention may be restrained in a proceeding brought by the minister in the Supreme Court.

104 Section 124.2 is amended by striking out "17 or" and by striking out "19 (1) (c) and (3) or".

105 Section 124.3 is amended

(a) in paragraph (a) by striking out "17 or", and

(b) in paragraph (b) by striking out "19 (1) (c) and (3),".

 
Vancouver Island Natural Gas Pipeline Act

106 Section 7 (3) of the Vancouver Island Natural Gas Pipeline Act, S.B.C. 1989, c. 83, is repealed.

Binding on Her Majesty

107 This Act is binding on Her Majesty.

Commencement

108 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Note

This Bill will establish an open, accountable, integrated and neutrally administered process for the assessment of the environmental, economic, social, cultural and heritage effects of reviewable projects.

The "reviewable projects" that will be subject to this assessment process are to be defined by regulations developed through a process of consultation with interested persons.

Under this Act the proponent of a reviewable project must obtain a "project approval certificate" before constructing, operating, modifying, dismantling or abandoning the project. A proponent who receives such a certificate must carry out the project in accordance with the certificate.

This Act provides for participation in the assessment of reviewable projects by the public, project proponents, first nations, municipalities and regional districts, the government and its agencies, the government of Canada and its agencies and British Columbia's neighbouring jurisdictions.

Major development proposals in British Columbia are currently assessed by 3 separate processes. For mines, assessment is carried out under the Mine Development Assessment Act which is being repealed by this Act. In the case of energy projects, assessment is carried out under Part 2 of the Utilities Commission Act, which is being consequentially amended by this Act. Other major industrial projects are assessed through the process generally known as the "Major Project Review Process". This Bill will amalgamate the existing processes into a single, comprehensive process.


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