BC Environmental Assessment Act Process

 

Under the B.C. Environmental Assessment Act, a reviewable project will be required to obtain an environmental assessment certificate (unless the Executive Director of the Environmental Assessment Office decides that a certificate should not be required). 

 

It is up to the person carrying out the project (the project proponent) to apply for an environmental assessment certificate.  The filing of an application together with supporting information triggers the actual review. 

 

Review Process

 

The scope or process of review is not set out the Act.  A previous version of the Act required the creation of a multi-stakeholder project review committee to oversee the environmental assessment.  However, under the new Act the Executive Director has the power to determine, in each case, the scope, procedure and method for the review.  In particular, the Executive Director may specify:

 

·                      The facilities to be considered as part of the environmental assessment;

·                      The potential environmental, economic, social, health or heritage effects to be considered as part of the assessment;

·                      Information to be provided by the Project Proponent or obtained from any other person as part of the assessment; and

·                      Any persons or organizations that must be consulted by the Project Proponent or the Environmental Assessment Office as part of the assessment, and how they will be consulted.

 

In defining the scope of the assessment, the Executive Director must “take into account the general policies respecting public consultation” set out in the Public Consultation Policy Regulation; however, the executive director is not bound to follow these general policies. 

 

Watershed Protection Advocates should feel free to contact the Environmental Assessment Office to express concern about a particular project, to ask that the assessment have an appropriate scope, and to ask to be consulted as part of the assessment. 

 

The Executive Director cannot require a public hearing as part of the assessment.  A hearing or independent assessment is only authorized if the project has been referred to the minister and the minister has stipulated this as a requirement of the assessment.  However, an equivalent power under the previous environmental assessment act was never used. 

 

The Executive Director may also refer a reviewable project to the minister; in which case it is up to the Minister of Sustainable Resource Management to determine the scope of the assessment and to determine the procedure and methods for conducting the assessment.

 

Time Limits

 

Whatever the process, or scope of the assessment, the time limit for the assessment is now stipulated as 180 days (6 months) from the date of receipt of the application, unless the Executive Director extends the time for review.  This and other time limits specified in the Prescribed Time Limits Regulation suggest the new legislation will lead to a much speedier assessment process than what was experienced under the old legislation.  Under the old legislation, assessments used to regularly take two years to complete.  It is hard to imagine that the new assessments will be thorough when they are restricted to a 6-month time line and when there are fewer ministry staff available to do the job as a result of staff cutbacks.

 

Once a Project has been assessed, the assessment report, along with the original application and other information, is provided to the Ministers of Sustainable Resource Management, Water Land and Air Protection and any Minister responsible for the project for review.  See the Guide Page on the Environmental Assessment Act for more information. 

Other Provisions

 

The Act sets out a number of other rules that could have an impact on the process of an assessment.  These include:

 

·          Class assessments – The Act authorizes the executive director to make partial or full “class assessments”; i.e., assessments based on category of project.  Where a class assessment has been done, the Executive Director may limit the information required as part of an assessment, or remove the requirement of an assessment at all. 

 

·          Policy direction – The Executive Director, on reviewing an application for a certificate, may seek policy “clarification and direction” from the Minister or Ministers responsible for the policy.  The clarification and direction must then be reflected in the assessment conducted by the Executive Director.  Government agencies may also identify relevant policy for the Executive Director, who must then ensure that his or her eventual decision “reflects” this policy.  The environmental community is concerned that these new provisions politicize the assessment process.  Although the decision on whether to accept an assessment’s recommendations has always rested with the Minister(s) responsible, under the new Act the assessment process itself has actually been politicized. 

 

·          Advice from consultants and mediators – The executive director or a person appointed by the Minister to make a decision under the Act may retain a consultant or mediator to assist with the assessment. 

 

·          Concurrent approval process under another enactment – Often a reviewable project will trigger the need for an approval under another statute.  The Act allows for a concurrent review of one or more applications for approvals under other enactments.  This does not include an application for a certificate of public convenience and necessity under the BC Utilities Commission Act.  The rules for this type of assessment are set out in greater detail in the Concurrent Approval Regulation.

 

·          Project Information Centre – Information about projects may be accessed through a Project Information Centre.  The executive director has the discretion to determine which records will be made available to the public and in what form. 

 

·          Agreements with the Nisga’a Nation – The Act authorizes the government to enter into a cooperation agreement to coordinate environmental assessment requirements of the Nisga’a, federal and BC governments.

 

Related pages of the Guide:

·          BC Environmental Assessment Act

·          Canadian Environmental Assessment Act

·          Canada – B.C. Agreement on Environmental Assessments

Links to more information:

·          Electronic copy of the BC Environmental Assessment Act.

·          Electronic copy of the Public Consultation Policy Regulation.

·          B.C. Environmental Assessment Office website.