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Reviewable Projects Regulation: Interpretation Guide

This guide, and the Reviewable Projects Regulation (RPR), apply only to those projects that do not have an Environmental Assessment Certificate. The assessment of modifications to projects that have an Environmental Assessment Certificate is considered, where necessary, under s. 32 of the Act. In the event of any conflict between this guide and the Environmental Assessment Act or the RPR, the Act and the Regulation apply

The Environmental Assessment Office (EAO) is frequently asked to provide its views on the application of the RPR to particular projects. While the EAO has no decision-making power in this regard, it may provide assistance to proponents, government agencies and others by providing its position in this regard. It is important to keep in mind that project proponents are responsible for making their own determination as to whether or not their proposed project meets the criteria for reviewability set out in the RPR. While the EAO may provide its position, that cannot be construed as advice respecting the application of the RPR to the proposed project.

Before providing its position, the EAO ordinarily requires that the proponent provide a detailed description of its project so the EAO can understand all of the facts concerning the project.

Version 1.1

March 2020

Click here

to start

Reviewable Projects Regulation: Interpretation Guide

Version Control History

Version 1.1

March 2020

Which Projects are Reviewable?

Step 1

Project Design Thresholds

Reviewable if

exceeded

If project is reviewable under Step 1, EXIT

Or

If project is not reviewable under Step 1, go to Step 2

Under the new Environmental Assessment Act enacted in 2018, projects will continue to be reviewable in three different ways:

  • The criteria of the Reviewable Projects Regulation (RPR) are met;

  • A request is made by an Indigenous nation or members of the public to designate a project as reviewable and, after considering required factors, the Minister decides to designate the project reviewable (s. 11); or,

  • When a proponent requests that a project, not automatically reviewable under the RPR, be designated reviewable on the basis there is potential for adverse effects, and the Chief Executive Assessment Officer decides to grant this request (s. 12).

The EAO has implemented a new model for determining a project’s reviewability under the RPR that expands the use of effects thresholds and introduces notification requirements. The illustration at left shows the three steps that are applied in determining reviewability under the RPR.

Step 2

Effects Thresholds

Reviewable if

exceeded

If project is reviewable under Step 2, EXIT

Or

If project is not reviewable under Step 2, go to Step 3

Step 3

Notification may be required

No Environmental Assessment required

Or

Referral to minister for designation

Click here

to continue

Reviewable Projects Regulation: Interpretation Guide

Click here

to continue

Industrial Projects

If project is reviewable under Step 1, EXIT

Or

If project is not reviewable under Step 1, go to Step 2

If project is reviewable under Step 2, EXIT

Or

If project is not reviewable under Step 2, go to Step 3

No Environmental Assessment required

Or

Referral to minister for designation

Industrial Projects

Step 1

Design Thresholds

The first step is to check the Project Design Threshold

A project in a reviewable category that exceeds a project design threshold is reviewable

If project is reviewable under Step 1, EXIT

Step 1

Project Design Thresholds

Reviewable if

exceeded

Organic and Inorganic Chemicals

Project Design Thresholds

Organic and Inorganic Chemicals Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Primary Metals

Project Design Thresholds

Primary Metals Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Non-Metallic

Mineral Products

Project Design Thresholds

Non-Metallic Mineral Products Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Forest Products (1)

Project Design Thresholds

Forest Products Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Forest Products (2)

Project Design Thresholds

Forest Products

Part Two

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Forest Products (3)

Project Design Thresholds

Forest Products Part Three

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Other Industries

Project Design Thresholds

Thresholds for Other Industries

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Other Industries (2)

Project Design Thresholds

Other Industries Part 2

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Step 1

Design Thresholds

A project in a reviewable category that exceeds a project design threshold is reviewable

A project in a reviewable category that does not exceed a design threshold may be reviewable - go to Step 2

If project is not reviewable under Step 1, keep going

Step 2

Effects Thresholds

use the forward arrow on the screen or your keyboard to go to Step 2

Step 2

Effects Thresholds

The second step is to check the Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

If project is reviewable under Step 2, EXIT

Step 2

Effects Thresholds

Reviewable if

exceeded

Area of Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 600 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

600 Hectares

Linear Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 60 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Linear Disturbance Threshold

60 km

Linear Disturbance Scenarios

Scenario A

65 km

Not

Reviewable

Right of way (exceeding 60 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 60 km) for new linear element is alongside but not contiguous with existing right of way

65 km

Reviewable

Scenario C

Reviewable

65 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 60 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it emits 380 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents,determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

This threshold is about 1% of the 2030 CleanBC target.

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials to support this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse

Gases Threshold

Protected Areas

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it includes one or more facilities located, in whole or in part, in an area listed in the Protected Areas (Environmental Assessment Act) Regulation and the project will have a significant adverse environmental, economic, social, cultural or health effect in the area;

Listed Protected Areas are:

Protected Areas

Threshold

Note: Provincial heritage sites established under the Heritage Conservation Act are too small to be visible at the map scale. A full list is published in the “Historic Environment Spatial Layer” available at:

https://governmentofbc.maps.arcgis.com/home/item.html?id=43eb7f624fb343b598ba42e231220660

Protected Areas

Effects Threshold

As noted on the cover page, the EAO is frequently asked to provide its views on the application of the RPR to particular projects. While the EAO has no decision-making power in this regard, it may provide assistance to proponents, government agencies and others by providing its position in this regard.

Before providing its position, the EAO ordinarily requires that the proponent provide a detailed description of its project so the EAO can understand all of the facts concerning the project. In the context of the protected areas reviewability criteria, the EAO will also typically require that proponents provide information concerning:

  • whether the project consists of activities that would routinely be carried out in accordance with the enactment that creates the protected area;
  • the scope and nature of project facilities located in the protected area;
  • the authorizations that have been granted in respect of the portion of the project in the protected area; and
  • the nature of the protected area within the proposed overlap

Please note that reviewability criteria in relation to protected areas do not apply to a portion of the project that has, as of December 16, 2019, been authorized under an enactment listed in the Protected Areas (Environmental Assessment Act) Regulation.

Detail on "significant adverse effect on the [listed] area"

Step 2

Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

A project in a reviewable category that does not exceed an effects threshold may be reviewable - go to Step 3

If project is not reviewable under Step 2, keep going

Step 3

Notification Thresholds

use the forward arrow on the screen or your keyboard to go to Step 3

Step 3

Notification Requirements

The third step is to check the Notification requirements

Step 3 Notification may be required

A new project in a reviewable category that exceeds a notification threshold is required to submit a notification to the EAO. The only circumstance that a notification is required for a project modification is in relation to greenhouse gases

or

Within 15% of Design or Effects Threshold

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would meet the following criteria thresholds, if those thresholds were reduced by 15%:

(i) thresholds set out in section 4 (1) (a) and (c) [Noting that lower, standalone notification requirements are set out in respect of these criteria on subsequent slides]

(ii) production capacity thresholds set out in Parts 2 and 3;

(iii) rated nameplate capacity, length, design capacity, input capacity and

sulphur thresholds set out in Part 4;

(iv) height, volume, area, length and rate thresholds set out in Part 5;

(v) design capacity and population thresholds set out in Part 6;

(vi) length, area and throughput capacity set out in Part 7;

(vii) bed unit thresholds set out in Part 8;

Within 15% of project design

New Projects Only

Area of Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold is required to submit a notification if it includes the clearance of 450 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

New Projects Only

450 ha of new land disturbance

Linear Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it includes the clearance of 40 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Notification is also required for transmission lines that are greater than 230 kV and greater than 40 km in length

Linear Disturbance

Threshold

New Projects Only

Linear Disturbance Scenarios

Scenario A

45 km

Notification not required

Right of way (exceeding 40 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 40 km) for new linear element is alongside but not contiguous with existing right of way

45 km

Notification Required

Scenario C

Notification Required

45 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 40 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Notification Requirement

A new project or project modification that is in a reviewable category that does not exceed a project design threshold or an effects threshold must submit notification according to the following criteria:

Notification threshold for project modifications:

Notification threshold for new projects:

emit 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Greenhouse

Gases Threshold

New and Modification Projects

the first time an expansion results in the project emitting 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Once a notification has been provided for a project modification in relation to greenhouse gas emissions, no further notifications are required for subsequent modifications

This threshold is about 1% of the 2050 CleanBC target

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse Gas Emissions

Notification Scenarios

Scenario A

existing project

total GHG emissions: 50,000 tonnes/yr

first modification

total GHG emissions: 150,000 tonnes/yr

second modification total GHG emissions: 300,000 tonnes/yr

Notification Required

Notification not required

Scenarios for project modifications

Scenario B

existing project

total GHG emissions: 150,000 tonnes/yr

first modification

total GHG emissions: 250,000 tonnes/yr

second modification total GHG emissions: 400,000 tonnes/yr

Notification Required

Notification not required

Federal Assessment Required

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it is a designated project under the Impact Assessment Act (Canada) and not located wholly on:

  • land under the administration and control of Her Majesty in right of Canada,
  • land the title to which is in the name of Her Majesty in right of Canada, or
  • an Indian reserve;

This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.

Federal EA required

New Projects Only

Workforce Threshold

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would result, at the peak of construction or operations, in the employment by the proponent of 250 or more employees or contractors who work more than 30 hours per week on an annual basis at the project facilities

Workforce Threshold

New Projects Only

If notification is required..

If notification is required, the EAO will consider the project under section 10 of the Act

Within 60 days of receiving a project notification, the chief executive assessment officer must do one of the following:

(a) submit the project notification to the minister for consideration under section 11 and provide notice to the person who proposes the project that the project notification has been submitted to the minister for that purpose;

(b) provide notice to the person who proposes the project that further review of the project under this section is required;

(c) provide notice to the person who proposes the project that no further review of the project under this section is required.

Notifications may result in an outcome where no EA is required, but some feedback is provided in respect of matters that should be considered by the proponent or in the applicable regulatory process

In those cases where the projects carry with them unusual, EA-level effects, the EAO may determine it appropriate to refer these projects to the minister to consider designation as reviewable.

How and when are notifications submitted?

Reviewable Projects Regulation Section 5(5)

The period prescribed for the purposes of section 10 (1) of the Act is the period ending

(a) 15 days after a proponent of a project referred to in the table in the Appendix to the Reviewable Projects Transition Regulation first submits, after [April 1, 2020], an application for an applicable approval set out in the table, or,

(b) if the proponent has made, before the date this section comes into force, all applications for applicable approvals set out in the table, but no approvals have been obtained by the date this section comes into force, 90 days after the [April 1, 2020]

We are taking some extra time to implement the notification requirement to make sure we get it right with this “net new” element of the EA framework:

  • Notification requirements will be delayed and come into force on April 1, 2020.
  • We are being very thoughtful about ensuring that the amount of information is not onerous, but “just enough”.
  • We have heard that transparency is important in respect of notifications and that there is an expectation that notifications will be posted publicly on the EAO's website
  • We are building digital tools (e.g. a web form) to facilitate easy submission of notifications
  • We will work with interested parties over the coming months as we develop and finalize notification procedures, to seek feedback and conduct user testing

The prescribed period during which notifications must be submitted is set out in the Reviewable Projects Regulation (see the feature box at right). We recognize that, in the interest of certainty, proponents will typically submit notifications well in advance of the ending of the period. The EAO is supportive of this approach.

If notifications are not submitted before the ending of the prescribed period, enforcement actions may be taken in respect of non-compliance with the Act.

How and when are notifications submitted?

If notification is not required...

A project in a reviewable category

  • that does not exceed a project design threshold;
  • that does not exceed an effects threshold; and,
  • that is not subject to notification requirements

is not a reviewable project under the RPR.

Despite not being reviewable under the RPR, the Minister of Environment and Climate Change Strategy may designate any project as reviewable according to the criteria set out in Section 11 of the Environmental Assessment Act

(https://www.leg.bc.ca/content/data%20-%20ldp/Pages/41st3rd/3rd_read/gov51-3.htm#section11)

Projects that do not undergo the EA process are subject to regulation, permitting processes and ongoing compliance and enforcement monitoring that is specifically tailored to each industry or activity.

If notification is not required, the proponent may proceed to seek applicable permits

Mine Projects

If project is reviewable under Step 1, EXIT

Or

If project is not reviewable under Step 1, go to Step 2

If project is reviewable under Step 2, EXIT

Or

If project is not reviewable under Step 2, go to Step 3

Mine Projects

No Environmental Assessment required

Or

Referral to minister for designation

Step 1

Design Thresholds

The first step is to check the Project Design Threshold

A project in a reviewable category that exceeds a project design threshold is reviewable

If project is reviewable under Step 1, EXIT

Step 1

Project Design Thresholds

Reviewable if

exceeded

Mine Projects

Project Design Thresholds

Mine Project Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Step 1

Design Thresholds

A project in a reviewable category that exceeds a project design threshold is reviewable

A project in a reviewable category that does not exceed a design threshold may be reviewable - go to Step 2

If project is not reviewable under Step 1, keep going

Step 2

Effects Thresholds

use the forward arrow on the screen or your keyboard to go to Step 2

Step 2

Effects Thresholds

The second step is to check the Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

If project is reviewable under Step 2, EXIT

Step 2

Effects Thresholds

Reviewable if

exceeded

Area of Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 600 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

600 Hectares

Linear Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 60 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Linear Disturbance Threshold

60 km

Linear Disturbance Scenarios

Scenario A

65 km

Not

Reviewable

Right of way (exceeding 60 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 60 km) for new linear element is alongside but not contiguous with existing right of way

65 km

Reviewable

Scenario C

Reviewable

65 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 60 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it emits 380 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents,determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

This threshold is about 1% of the 2030 CleanBC target.

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials to support this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse

Gases Threshold

Protected Areas

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it includes one or more facilities located, in whole or in part, in an area listed in the Protected Areas (Environmental Assessment Act) Regulation and the project will have a significant adverse environmental, economic, social, cultural or health effect in the area;

Listed Protected Areas are:

Protected Areas

Threshold

Note: Provincial heritage sites established under the Heritage Conservation Act are too small to be visible at the map scale. A full list is published in the “Historic Environment Spatial Layer” available at:

https://governmentofbc.maps.arcgis.com/home/item.html?id=43eb7f624fb343b598ba42e231220660

Protected Areas

Effects Threshold

As noted on the cover page, the EAO is frequently asked to provide its views on the application of the RPR to particular projects. While the EAO has no decision-making power in this regard, it may provide assistance to proponents, government agencies and others by providing its position in this regard.

Before providing its position, the EAO ordinarily requires that the proponent provide a detailed description of its project so the EAO can understand all of the facts concerning the project. In the context of the protected areas reviewability criteria, the EAO will also typically require that proponents provide information concerning:

  • whether the project consists of activities that would routinely be carried out in accordance with the enactment that creates the protected area;
  • the scope and nature of project facilities located in the protected area;
  • the authorizations that have been granted in respect of the portion of the project in the protected area; and
  • the nature of the protected area within the proposed overlap

Please note that reviewability criteria in relation to protected areas do not apply to a portion of the project that has, as of December 16, 2019, been authorized under an enactment listed in the Protected Areas (Environmental Assessment Act) Regulation.

Detail on "significant adverse effect on the [listed] area"

Step 2

Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

A project in a reviewable category that does not exceed an effects threshold may be reviewable - go to Step 3

If project is not reviewable under Step 2, keep going

Step 3

Notification Thresholds

use the forward arrow on the screen or your keyboard to go to Step 3

Step 3

Notification Requirements

The third step is to check the Notification requirements

Step 3 Notification may be required

A new project in a reviewable category that exceeds a notification threshold is required to submit a notification to the EAO. The only circumstance that a notification is required for a project modification is in relation to greenhouse gases

or

Within 15% of Design or Effects Threshold

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would meet the following criteria thresholds, if those thresholds were reduced by 15%:

(i) thresholds set out in section 4 (1) (a) and (c) [Noting that lower, standalone notification requirements are set out in respect of these criteria on subsequent slides]

(ii) production capacity thresholds set out in Parts 2 and 3;

(iii) rated nameplate capacity, length, design capacity, input capacity and

sulphur thresholds set out in Part 4;

(iv) height, volume, area, length and rate thresholds set out in Part 5;

(v) design capacity and population thresholds set out in Part 6;

(vi) length, area and throughput capacity set out in Part 7;

(vii) bed unit thresholds set out in Part 8;

Within 15% of project design

New Projects Only

Area of Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold is required to submit a notification if it includes the clearance of 450 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

New Projects Only

450 ha of new land disturbance

Linear Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it includes the clearance of 40 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Notification is also required for transmission lines that are greater than 230 kV and greater than 40 km in length

Linear Disturbance

Threshold

New Projects Only

Linear Disturbance Scenarios

Scenario A

45 km

Notification not required

Right of way (exceeding 40 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 40 km) for new linear element is alongside but not contiguous with existing right of way

45 km

Notification Required

Scenario C

Notification Required

45 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 40 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Notification Requirement

A new project or project modification that is in a reviewable category that does not exceed a project design threshold or an effects threshold must submit notification according to the following criteria:

Notification threshold for project modifications:

Notification threshold for new projects:

emit 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Greenhouse

Gases Threshold

New and Modification Projects

the first time an expansion results in the project emitting 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Once a notification has been provided for a project modification in relation to greenhouse gas emissions, no further notifications are required for subsequent modifications

This threshold is about 1% of the 2050 CleanBC target

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse Gas Emissions

Notification Scenarios

Scenario A

existing project

total GHG emissions: 50,000 tonnes/yr

first modification

total GHG emissions: 150,000 tonnes/yr

second modification total GHG emissions: 300,000 tonnes/yr

Notification Required

Notification not required

Scenarios for project modifications

Scenario B

existing project

total GHG emissions: 150,000 tonnes/yr

first modification

total GHG emissions: 250,000 tonnes/yr

second modification total GHG emissions: 400,000 tonnes/yr

Notification Required

Notification not required

Federal Assessment Required

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it is a designated project under the Impact Assessment Act (Canada) and not located wholly on:

  • land under the administration and control of Her Majesty in right of Canada,
  • land the title to which is in the name of Her Majesty in right of Canada, or
  • an Indian reserve;

This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.

Federal EA required

New Projects Only

Workforce Threshold

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would result, at the peak of construction or operations, in the employment by the proponent of 250 or more employees or contractors who work more than 30 hours per week on an annual basis at the project facilities

Workforce Threshold

New Projects Only

If notification is required..

If notification is required, the EAO will consider the project under section 10 of the Act

Within 60 days of receiving a project notification, the chief executive assessment officer must do one of the following:

(a) submit the project notification to the minister for consideration under section 11 and provide notice to the person who proposes the project that the project notification has been submitted to the minister for that purpose;

(b) provide notice to the person who proposes the project that further review of the project under this section is required;

(c) provide notice to the person who proposes the project that no further review of the project under this section is required.

Notifications may result in an outcome where no EA is required, but some feedback is provided in respect of matters that should be considered by the proponent or in the applicable regulatory process

In those cases where the projects carry with them unusual, EA-level effects, the EAO may determine it appropriate to refer these projects to the minister to consider designation as reviewable.

How and when are notifications submitted?

Reviewable Projects Regulation Section 5(5)

The period prescribed for the purposes of section 10 (1) of the Act is the period ending

(a) 15 days after a proponent of a project referred to in the table in the Appendix to the Reviewable Projects Transition Regulation first submits, after [April 1, 2020], an application for an applicable approval set out in the table, or,

(b) if the proponent has made, before the date this section comes into force, all applications for applicable approvals set out in the table, but no approvals have been obtained by the date this section comes into force, 90 days after the [April 1, 2020]

We are taking some extra time to implement the notification requirement to make sure we get it right with this “net new” element of the EA framework:

  • Notification requirements will be delayed and come into force on April 1, 2020.
  • We are being very thoughtful about ensuring that the amount of information is not onerous, but “just enough”.
  • We have heard that transparency is important in respect of notifications and that there is an expectation that notifications will be posted publicly on the EAO's website
  • We are building digital tools (e.g. a web form) to facilitate easy submission of notifications
  • We will work with interested parties over the coming months as we develop and finalize notification procedures, to seek feedback and conduct user testing

The prescribed period during which notifications must be submitted is set out in the Reviewable Projects Regulation (see the feature box at right). We recognize that, in the interest of certainty, proponents will typically submit notifications well in advance of the ending of the period. The EAO is supportive of this approach.

If notifications are not submitted before the ending of the prescribed period, enforcement actions may be taken in respect of non-compliance with the Act.

How and when are notifications submitted?

If notification is not required...

A project in a reviewable category

  • that does not exceed a project design threshold;
  • that does not exceed an effects threshold; and,
  • that is not subject to notification requirements

is not a reviewable project under the RPR.

Despite not being reviewable under the RPR, the Minister of Environment and Climate Change Strategy may designate any project as reviewable according to the criteria set out in Section 11 of the Environmental Assessment Act

(https://www.leg.bc.ca/content/data%20-%20ldp/Pages/41st3rd/3rd_read/gov51-3.htm#section11)

Projects that do not undergo the EA process are subject to regulation, permitting processes and ongoing compliance and enforcement monitoring that is specifically tailored to each industry or activity.

If notification is not required, the proponent may proceed to seek applicable permits

Energy - Electricity Petroleum and Natural Gas Projects

If project is reviewable under Step 1, EXIT

Or

If project is not reviewable under Step 1, go to Step 2

If project is reviewable under Step 2, EXIT

Or

If project is not reviewable under Step 2, go to Step 3

No Environmental Assessment required

Or

Referral to minister for designation

Electricity, Petroleum and Natural Gas projects

Step 1

Design Thresholds

The first step is to check the Project Design Threshold

A project in a reviewable category that exceeds a project design threshold is reviewable

If project is reviewable under Step 1, EXIT

Step 1

Project Design Thresholds

Reviewable if

exceeded

Electricity Projects (1)

Project Design Thresholds

Electricity Project Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Electricity Projects (2)

Project Design Thresholds

Electricity Projects

Part Two

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Linear Project Scenarios

Scenario A

45 km

Not

Reviewable

Right of way (exceeding 40 km) for new linear project is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 40 km) for new linear project is alongside but not contiguous with existing right of way

45 km

Reviewable

Scenario C

Reviewable

45 km

Some right of way for new linear project is alongside and contiguous with existing right of way, but some right of way (exceeding 40 km) for the new linear project is not alongside an existing right of way

Petroleum and

Natural Gas Projects (1)

Project Design Thresholds

Petroleum and Natural Gas Project Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Petroleum and

Natural Gas Projects (2)

Project Design Thresholds

Petroleum/Natural Gas Part 2

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Linear Project Scenarios

(x= 40, 50, or 60km depending on pipeline diameter)

Scenario A

X km

Not

Reviewable

Right of way (exceeding X km) for new linear project is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding X km) for new linear project is alongside but not contiguous with existing right of way

X km

Reviewable

Scenario C

Reviewable

X km

Some right of way for new linear project is alongside and contiguous with existing right of way, but some right of way (exceeding X km) for the new linear project is not alongside an existing right of way

Petroleum and

Natural Gas Projects (3)

Project Design Thresholds

Petroleum/Natural Gas Part 3

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Step 1

Design Thresholds

A project in a reviewable category that exceeds a project design threshold is reviewable

A project in a reviewable category that does not exceed a design threshold may be reviewable - go to Step 2

If project is not reviewable under Step 1, keep going

Step 2

Effects Thresholds

use the forward arrow on the screen or your keyboard to go to Step 2

Step 2

Effects Thresholds

The second step is to check the Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

If project is reviewable under Step 2, EXIT

Step 2

Effects Thresholds

Reviewable if

exceeded

Area of Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 600 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

600 Hectares

Linear Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 60 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Linear Disturbance Threshold

60 km

Linear Disturbance Scenarios

Scenario A

65 km

Not

Reviewable

Right of way (exceeding 60 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 60 km) for new linear element is alongside but not contiguous with existing right of way

65 km

Reviewable

Scenario C

Reviewable

65 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 60 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it emits 380 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents,determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

This threshold is about 1% of the 2030 CleanBC target.

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials to support this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse

Gases Threshold

Protected Areas

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it includes one or more facilities located, in whole or in part, in an area listed in the Protected Areas (Environmental Assessment Act) Regulation and the project will have a significant adverse environmental, economic, social, cultural or health effect in the area;

Listed Protected Areas are:

Protected Areas

Threshold

Note: Provincial heritage sites established under the Heritage Conservation Act are too small to be visible at the map scale. A full list is published in the “Historic Environment Spatial Layer” available at:

https://governmentofbc.maps.arcgis.com/home/item.html?id=43eb7f624fb343b598ba42e231220660

Protected Areas

Effects Threshold

As noted on the cover page, the EAO is frequently asked to provide its views on the application of the RPR to particular projects. While the EAO has no decision-making power in this regard, it may provide assistance to proponents, government agencies and others by providing its position in this regard.

Before providing its position, the EAO ordinarily requires that the proponent provide a detailed description of its project so the EAO can understand all of the facts concerning the project. In the context of the protected areas reviewability criteria, the EAO will also typically require that proponents provide information concerning:

  • whether the project consists of activities that would routinely be carried out in accordance with the enactment that creates the protected area;
  • the scope and nature of project facilities located in the protected area;
  • the authorizations that have been granted in respect of the portion of the project in the protected area; and
  • the nature of the protected area within the proposed overlap

Please note that reviewability criteria in relation to protected areas do not apply to a portion of the project that has, as of December 16, 2019, been authorized under an enactment listed in the Protected Areas (Environmental Assessment Act) Regulation.

Detail on "significant adverse effect on the [listed] area"

Step 2

Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

A project in a reviewable category that does not exceed an effects threshold may be reviewable - go to Step 3

If project is not reviewable under Step 2, keep going

Step 3

Notification Thresholds

use the forward arrow on the screen or your keyboard to go to Step 3

Step 3

Notification Requirements

The third step is to check the Notification requirements

Step 3 Notification may be required

A new project in a reviewable category that exceeds a notification threshold is required to submit a notification to the EAO. The only circumstance that a notification is required for a project modification is in relation to greenhouse gases

or

Within 15% of Design or Effects Threshold

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would meet the following criteria thresholds, if those thresholds were reduced by 15%:

(i) thresholds set out in section 4 (1) (a) and (c) [Noting that lower, standalone notification requirements are set out in respect of these criteria on subsequent slides]

(ii) production capacity thresholds set out in Parts 2 and 3;

(iii) rated nameplate capacity, length, design capacity, input capacity and

sulphur thresholds set out in Part 4;

(iv) height, volume, area, length and rate thresholds set out in Part 5;

(v) design capacity and population thresholds set out in Part 6;

(vi) length, area and throughput capacity set out in Part 7;

(vii) bed unit thresholds set out in Part 8;

Within 15% of project design

New Projects Only

Area of Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold is required to submit a notification if it includes the clearance of 450 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

New Projects Only

450 ha of new land disturbance

Linear Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it includes the clearance of 40 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Notification is also required for transmission lines that are greater than 230 kV and greater than 40 km in length

Linear Disturbance

Threshold

New Projects Only

Linear Disturbance Scenarios

Scenario A

45 km

Notification not required

Right of way (exceeding 40 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 40 km) for new linear element is alongside but not contiguous with existing right of way

45 km

Notification Required

Scenario C

Notification Required

45 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 40 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Notification Requirement

A new project or project modification that is in a reviewable category that does not exceed a project design threshold or an effects threshold must submit notification according to the following criteria:

Notification threshold for project modifications:

Notification threshold for new projects:

emit 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Greenhouse

Gases Threshold

New and Modification Projects

the first time an expansion results in the project emitting 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Once a notification has been provided for a project modification in relation to greenhouse gas emissions, no further notifications are required for subsequent modifications

This threshold is about 1% of the 2050 CleanBC target

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse Gas Emissions

Notification Scenarios

Scenario A

existing project

total GHG emissions: 50,000 tonnes/yr

first modification

total GHG emissions: 150,000 tonnes/yr

second modification total GHG emissions: 300,000 tonnes/yr

Notification Required

Notification not required

Scenarios for project modifications

Scenario B

existing project

total GHG emissions: 150,000 tonnes/yr

first modification

total GHG emissions: 250,000 tonnes/yr

second modification total GHG emissions: 400,000 tonnes/yr

Notification Required

Notification not required

Federal Assessment Required

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it is a designated project under the Impact Assessment Act (Canada) and not located wholly on:

  • land under the administration and control of Her Majesty in right of Canada,
  • land the title to which is in the name of Her Majesty in right of Canada, or
  • an Indian reserve;

This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.

Federal EA required

New Projects Only

Workforce Threshold

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would result, at the peak of construction or operations, in the employment by the proponent of 250 or more employees or contractors who work more than 30 hours per week on an annual basis at the project facilities

Workforce Threshold

New Projects Only

If notification is required..

If notification is required, the EAO will consider the project under section 10 of the Act

Within 60 days of receiving a project notification, the chief executive assessment officer must do one of the following:

(a) submit the project notification to the minister for consideration under section 11 and provide notice to the person who proposes the project that the project notification has been submitted to the minister for that purpose;

(b) provide notice to the person who proposes the project that further review of the project under this section is required;

(c) provide notice to the person who proposes the project that no further review of the project under this section is required.

Notifications may result in an outcome where no EA is required, but some feedback is provided in respect of matters that should be considered by the proponent or in the applicable regulatory process

In those cases where the projects carry with them unusual, EA-level effects, the EAO may determine it appropriate to refer these projects to the minister to consider designation as reviewable.

How and when are notifications submitted?

Reviewable Projects Regulation Section 5(5)

The period prescribed for the purposes of section 10 (1) of the Act is the period ending

(a) 15 days after a proponent of a project referred to in the table in the Appendix to the Reviewable Projects Transition Regulation first submits, after [April 1, 2020], an application for an applicable approval set out in the table, or,

(b) if the proponent has made, before the date this section comes into force, all applications for applicable approvals set out in the table, but no approvals have been obtained by the date this section comes into force, 90 days after the [April 1, 2020]

We are taking some extra time to implement the notification requirement to make sure we get it right with this “net new” element of the EA framework:

  • Notification requirements will be delayed and come into force on April 1, 2020.
  • We are being very thoughtful about ensuring that the amount of information is not onerous, but “just enough”.
  • We have heard that transparency is important in respect of notifications and that there is an expectation that notifications will be posted publicly on the EAO's website
  • We are building digital tools (e.g. a web form) to facilitate easy submission of notifications
  • We will work with interested parties over the coming months as we develop and finalize notification procedures, to seek feedback and conduct user testing

The prescribed period during which notifications must be submitted is set out in the Reviewable Projects Regulation (see the feature box at right). We recognize that, in the interest of certainty, proponents will typically submit notifications well in advance of the ending of the period. The EAO is supportive of this approach.

If notifications are not submitted before the ending of the prescribed period, enforcement actions may be taken in respect of non-compliance with the Act.

How and when are notifications submitted?

If notification is not required...

A project in a reviewable category

  • that does not exceed a project design threshold;
  • that does not exceed an effects threshold; and,
  • that is not subject to notification requirements

is not a reviewable project under the RPR.

Despite not being reviewable under the RPR, the Minister of Environment and Climate Change Strategy may designate any project as reviewable according to the criteria set out in Section 11 of the Environmental Assessment Act

(https://www.leg.bc.ca/content/data%20-%20ldp/Pages/41st3rd/3rd_read/gov51-3.htm#section11)

Projects that do not undergo the EA process are subject to regulation, permitting processes and ongoing compliance and enforcement monitoring that is specifically tailored to each industry or activity.

If notification is not required, the proponent may proceed to seek applicable permits

Water Management

Projects

If project is reviewable under Step 1, EXIT

Or

If project is not reviewable under Step 1, go to Step 2

If project is reviewable under Step 2, EXIT

Or

If project is not reviewable under Step 2, go to Step 3

Water Management Projects

No Environmental Assessment required

Or

Referral to minister for designation

Step 1

Design Thresholds

The first step is to check the Project Design Threshold

A project in a reviewable category that exceeds a project design threshold is reviewable

If project is reviewable under Step 1, EXIT

Step 1

Project Design Thresholds

Reviewable if

exceeded

Dams

Project Design Thresholds

Dam

Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Dikes

Project Design Thresholds

Dike

Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Water Diversion

Projects

Project Design Thresholds

Water Diversion Project Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Groundwater Extraction

Projects

Project Design Thresholds

Groundwater Extraction Project

Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Shoreline Modification

Projects

Project Design Thresholds

Shoreline Modification Project Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Step 1

Design Thresholds

A project in a reviewable category that exceeds a project design threshold is reviewable

A project in a reviewable category that does not exceed a design threshold may be reviewable - go to Step 2

If project is not reviewable under Step 1, keep going

Step 2

Effects Thresholds

use the forward arrow on the screen or your keyboard to go to Step 2

Step 2

Effects Thresholds

The second step is to check the Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

If project is reviewable under Step 2, EXIT

Step 2

Effects Thresholds

Reviewable if

exceeded

Area of Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 600 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

600 Hectares

Linear Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 60 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Linear Disturbance Threshold

60 km

Linear Disturbance Scenarios

Scenario A

65 km

Not

Reviewable

Right of way (exceeding 60 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 60 km) for new linear element is alongside but not contiguous with existing right of way

65 km

Reviewable

Scenario C

Reviewable

65 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 60 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it emits 380 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents,determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

This threshold is about 1% of the 2030 CleanBC target.

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials to support this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse

Gases Threshold

Protected Areas

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it includes one or more facilities located, in whole or in part, in an area listed in the Protected Areas (Environmental Assessment Act) Regulation and the project will have a significant adverse environmental, economic, social, cultural or health effect in the area;

Listed Protected Areas are:

Protected Areas

Threshold

Note: Provincial heritage sites established under the Heritage Conservation Act are too small to be visible at the map scale. A full list is published in the “Historic Environment Spatial Layer” available at:

https://governmentofbc.maps.arcgis.com/home/item.html?id=43eb7f624fb343b598ba42e231220660

Protected Areas

Effects Threshold

As noted on the cover page, the EAO is frequently asked to provide its views on the application of the RPR to particular projects. While the EAO has no decision-making power in this regard, it may provide assistance to proponents, government agencies and others by providing its position in this regard.

Before providing its position, the EAO ordinarily requires that the proponent provide a detailed description of its project so the EAO can understand all of the facts concerning the project. In the context of the protected areas reviewability criteria, the EAO will also typically require that proponents provide information concerning:

  • whether the project consists of activities that would routinely be carried out in accordance with the enactment that creates the protected area;
  • the scope and nature of project facilities located in the protected area;
  • the authorizations that have been granted in respect of the portion of the project in the protected area; and
  • the nature of the protected area within the proposed overlap

Please note that reviewability criteria in relation to protected areas do not apply to a portion of the project that has, as of December 16, 2019, been authorized under an enactment listed in the Protected Areas (Environmental Assessment Act) Regulation.

Detail on "significant adverse effect on the [listed] area"

Step 2

Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

A project in a reviewable category that does not exceed an effects threshold may be reviewable - go to Step 3

If project is not reviewable under Step 2, keep going

Step 3

Notification Thresholds

use the forward arrow on the screen or your keyboard to go to Step 3

Step 3

Notification Requirements

The third step is to check the Notification requirements

Step 3 Notification may be required

A new project in a reviewable category that exceeds a notification threshold is required to submit a notification to the EAO. The only circumstance that a notification is required for a project modification is in relation to greenhouse gases

or

Within 15% of Design or Effects Threshold

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would meet the following criteria thresholds, if those thresholds were reduced by 15%:

(i) thresholds set out in section 4 (1) (a) and (c) [Noting that lower, standalone notification requirements are set out in respect of these criteria on subsequent slides]

(ii) production capacity thresholds set out in Parts 2 and 3;

(iii) rated nameplate capacity, length, design capacity, input capacity and

sulphur thresholds set out in Part 4;

(iv) height, volume, area, length and rate thresholds set out in Part 5;

(v) design capacity and population thresholds set out in Part 6;

(vi) length, area and throughput capacity set out in Part 7;

(vii) bed unit thresholds set out in Part 8;

Within 15% of project design

New Projects Only

Area of Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold is required to submit a notification if it includes the clearance of 450 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

New Projects Only

450 ha of new land disturbance

Linear Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it includes the clearance of 40 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Notification is also required for transmission lines that are greater than 230 kV and greater than 40 km in length

Linear Disturbance

Threshold

New Projects Only

Linear Disturbance Scenarios

Scenario A

45 km

Notification not required

Right of way (exceeding 40 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 40 km) for new linear element is alongside but not contiguous with existing right of way

45 km

Notification Required

Scenario C

Notification Required

45 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 40 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Notification Requirement

A new project or project modification that is in a reviewable category that does not exceed a project design threshold or an effects threshold must submit notification according to the following criteria:

Notification threshold for project modifications:

Notification threshold for new projects:

emit 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Greenhouse

Gases Threshold

New and Modification Projects

the first time an expansion results in the project emitting 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Once a notification has been provided for a project modification in relation to greenhouse gas emissions, no further notifications are required for subsequent modifications

This threshold is about 1% of the 2050 CleanBC target

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse Gas Emissions

Notification Scenarios

Scenario A

existing project

total GHG emissions: 50,000 tonnes/yr

first modification

total GHG emissions: 150,000 tonnes/yr

second modification total GHG emissions: 300,000 tonnes/yr

Notification Required

Notification not required

Scenarios for project modifications

Scenario B

existing project

total GHG emissions: 150,000 tonnes/yr

first modification

total GHG emissions: 250,000 tonnes/yr

second modification total GHG emissions: 400,000 tonnes/yr

Notification Required

Notification not required

Federal Assessment Required

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it is a designated project under the Impact Assessment Act (Canada) and not located wholly on:

  • land under the administration and control of Her Majesty in right of Canada,
  • land the title to which is in the name of Her Majesty in right of Canada, or
  • an Indian reserve;

This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.

Federal EA required

New Projects Only

Workforce Threshold

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would result, at the peak of construction or operations, in the employment by the proponent of 250 or more employees or contractors who work more than 30 hours per week on an annual basis at the project facilities

Workforce Threshold

New Projects Only

If notification is required..

If notification is required, the EAO will consider the project under section 10 of the Act

Within 60 days of receiving a project notification, the chief executive assessment officer must do one of the following:

(a) submit the project notification to the minister for consideration under section 11 and provide notice to the person who proposes the project that the project notification has been submitted to the minister for that purpose;

(b) provide notice to the person who proposes the project that further review of the project under this section is required;

(c) provide notice to the person who proposes the project that no further review of the project under this section is required.

Notifications may result in an outcome where no EA is required, but some feedback is provided in respect of matters that should be considered by the proponent or in the applicable regulatory process

In those cases where the projects carry with them unusual, EA-level effects, the EAO may determine it appropriate to refer these projects to the minister to consider designation as reviewable.

How and when are notifications submitted?

Reviewable Projects Regulation Section 5(5)

The period prescribed for the purposes of section 10 (1) of the Act is the period ending

(a) 15 days after a proponent of a project referred to in the table in the Appendix to the Reviewable Projects Transition Regulation first submits, after [April 1, 2020], an application for an applicable approval set out in the table, or,

(b) if the proponent has made, before the date this section comes into force, all applications for applicable approvals set out in the table, but no approvals have been obtained by the date this section comes into force, 90 days after the [April 1, 2020]

We are taking some extra time to implement the notification requirement to make sure we get it right with this “net new” element of the EA framework:

  • Notification requirements will be delayed and come into force on April 1, 2020.
  • We are being very thoughtful about ensuring that the amount of information is not onerous, but “just enough”.
  • We have heard that transparency is important in respect of notifications and that there is an expectation that notifications will be posted publicly on the EAO's website
  • We are building digital tools (e.g. a web form) to facilitate easy submission of notifications
  • We will work with interested parties over the coming months as we develop and finalize notification procedures, to seek feedback and conduct user testing

The prescribed period during which notifications must be submitted is set out in the Reviewable Projects Regulation (see the feature box at right). We recognize that, in the interest of certainty, proponents will typically submit notifications well in advance of the ending of the period. The EAO is supportive of this approach.

If notifications are not submitted before the ending of the prescribed period, enforcement actions may be taken in respect of non-compliance with the Act.

How and when are notifications submitted?

If notification is not required...

A project in a reviewable category

  • that does not exceed a project design threshold;
  • that does not exceed an effects threshold; and,
  • that is not subject to notification requirements

is not a reviewable project under the RPR.

Despite not being reviewable under the RPR, the Minister of Environment and Climate Change Strategy may designate any project as reviewable according to the criteria set out in Section 11 of the Environmental Assessment Act

(https://www.leg.bc.ca/content/data%20-%20ldp/Pages/41st3rd/3rd_read/gov51-3.htm#section11)

Projects that do not undergo the EA process are subject to regulation, permitting processes and ongoing compliance and enforcement monitoring that is specifically tailored to each industry or activity.

If notification is not required, the proponent may proceed to seek applicable permits

Waste Disposal Projects

If project is reviewable under Step 1, EXIT

Or

If project is not reviewable under Step 1, go to Step 2

If project is reviewable under Step 2, EXIT

Or

If project is not reviewable under Step 2, go to Step 3

No Environmental Assessment required

Or

Referral to minister for designation

Waste Disposal Projects

Step 1

Design Thresholds

The first step is to check the Project Design Threshold

A project in a reviewable category that exceeds a project design threshold is reviewable

If project is reviewable under Step 1, EXIT

Step 1

Project Design Thresholds

Reviewable if

exceeded

Hazardous Waste

Management Projects (1)

Project Design Thresholds

Hazardous Waste Management Project Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Hazardous Waste Management Projects (2)

Project Design Thresholds

Haz Waste

Part Two

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Hazardous Waste Management Projects (3)

Project Design Thresholds

Haz Waste

Part Three

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Hazardous Waste Management Projects (4)

Project Design Thresholds

Haz Waste

Part Four

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Hazardous Waste Management Projects

Project Design Thresholds

Haz Waste

Part Five

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Solid Waste Management Projects

Project Design Thresholds

Solid Waste Management Project Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Liquid Waste

Management Projects

Project Design Thresholds

Liquid Waste Management Projects Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Step 1

Design Thresholds

A project in a reviewable category that exceeds a project design threshold is reviewable

A project in a reviewable category that does not exceed a design threshold may be reviewable - go to Step 2

If project is not reviewable under Step 1, keep going

Step 2

Effects Thresholds

use the forward arrow on the screen or your keyboard to go to Step 2

Step 2

Effects Thresholds

The second step is to check the Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

If project is reviewable under Step 2, EXIT

Step 2

Effects Thresholds

Reviewable if

exceeded

Area of Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 600 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

600 Hectares

Linear Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 60 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Linear Disturbance Threshold

60 km

Linear Disturbance Scenarios

Scenario A

65 km

Not

Reviewable

Right of way (exceeding 60 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 60 km) for new linear element is alongside but not contiguous with existing right of way

65 km

Reviewable

Scenario C

Reviewable

65 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 60 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it emits 380 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents,determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

This threshold is about 1% of the 2030 CleanBC target.

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials to support this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse

Gases Threshold

Protected Areas

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it includes one or more facilities located, in whole or in part, in an area listed in the Protected Areas (Environmental Assessment Act) Regulation and the project will have a significant adverse environmental, economic, social, cultural or health effect in the area;

Listed Protected Areas are:

Protected Areas

Threshold

Note: Provincial heritage sites established under the Heritage Conservation Act are too small to be visible at the map scale. A full list is published in the “Historic Environment Spatial Layer” available at:

https://governmentofbc.maps.arcgis.com/home/item.html?id=43eb7f624fb343b598ba42e231220660

Protected Areas

Effects Threshold

As noted on the cover page, the EAO is frequently asked to provide its views on the application of the RPR to particular projects. While the EAO has no decision-making power in this regard, it may provide assistance to proponents, government agencies and others by providing its position in this regard.

Before providing its position, the EAO ordinarily requires that the proponent provide a detailed description of its project so the EAO can understand all of the facts concerning the project. In the context of the protected areas reviewability criteria, the EAO will also typically require that proponents provide information concerning:

  • whether the project consists of activities that would routinely be carried out in accordance with the enactment that creates the protected area;
  • the scope and nature of project facilities located in the protected area;
  • the authorizations that have been granted in respect of the portion of the project in the protected area; and
  • the nature of the protected area within the proposed overlap

Please note that reviewability criteria in relation to protected areas do not apply to a portion of the project that has, as of December 16, 2019, been authorized under an enactment listed in the Protected Areas (Environmental Assessment Act) Regulation.

Detail on "significant adverse effect on the [listed] area"

Step 2

Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

A project in a reviewable category that does not exceed an effects threshold may be reviewable - go to Step 3

If project is not reviewable under Step 2, keep going

Step 3

Notification Thresholds

use the forward arrow on the screen or your keyboard to go to Step 3

Step 3

Notification Requirements

The third step is to check the Notification requirements

Step 3 Notification may be required

A new project in a reviewable category that exceeds a notification threshold is required to submit a notification to the EAO. The only circumstance that a notification is required for a project modification is in relation to greenhouse gases

or

Within 15% of Design or Effects Threshold

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would meet the following criteria thresholds, if those thresholds were reduced by 15%:

(i) thresholds set out in section 4 (1) (a) and (c) [Noting that lower, standalone notification requirements are set out in respect of these criteria on subsequent slides]

(ii) production capacity thresholds set out in Parts 2 and 3;

(iii) rated nameplate capacity, length, design capacity, input capacity and

sulphur thresholds set out in Part 4;

(iv) height, volume, area, length and rate thresholds set out in Part 5;

(v) design capacity and population thresholds set out in Part 6;

(vi) length, area and throughput capacity set out in Part 7;

(vii) bed unit thresholds set out in Part 8;

Within 15% of project design

New Projects Only

Area of Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold is required to submit a notification if it includes the clearance of 450 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

New Projects Only

450 ha of new land disturbance

Linear Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it includes the clearance of 40 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Notification is also required for transmission lines that are greater than 230 kV and greater than 40 km in length

Linear Disturbance

Threshold

New Projects Only

Linear Disturbance Scenarios

Scenario A

45 km

Notification not required

Right of way (exceeding 40 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 40 km) for new linear element is alongside but not contiguous with existing right of way

45 km

Notification Required

Scenario C

Notification Required

45 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 40 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Notification Requirement

A new project or project modification that is in a reviewable category that does not exceed a project design threshold or an effects threshold must submit notification according to the following criteria:

Notification threshold for project modifications:

Notification threshold for new projects:

emit 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Greenhouse

Gases Threshold

New and Modification Projects

the first time an expansion results in the project emitting 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Once a notification has been provided for a project modification in relation to greenhouse gas emissions, no further notifications are required for subsequent modifications

This threshold is about 1% of the 2050 CleanBC target

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse Gas Emissions

Notification Scenarios

Scenario A

existing project

total GHG emissions: 50,000 tonnes/yr

first modification

total GHG emissions: 150,000 tonnes/yr

second modification total GHG emissions: 300,000 tonnes/yr

Notification Required

Notification not required

Scenarios for project modifications

Scenario B

existing project

total GHG emissions: 150,000 tonnes/yr

first modification

total GHG emissions: 250,000 tonnes/yr

second modification total GHG emissions: 400,000 tonnes/yr

Notification Required

Notification not required

Federal Assessment Required

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it is a designated project under the Impact Assessment Act (Canada) and not located wholly on:

  • land under the administration and control of Her Majesty in right of Canada,
  • land the title to which is in the name of Her Majesty in right of Canada, or
  • an Indian reserve;

This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.

Federal EA required

New Projects Only

Workforce Threshold

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would result, at the peak of construction or operations, in the employment by the proponent of 250 or more employees or contractors who work more than 30 hours per week on an annual basis at the project facilities

Workforce Threshold

New Projects Only

If notification is required..

If notification is required, the EAO will consider the project under section 10 of the Act

Within 60 days of receiving a project notification, the chief executive assessment officer must do one of the following:

(a) submit the project notification to the minister for consideration under section 11 and provide notice to the person who proposes the project that the project notification has been submitted to the minister for that purpose;

(b) provide notice to the person who proposes the project that further review of the project under this section is required;

(c) provide notice to the person who proposes the project that no further review of the project under this section is required.

Notifications may result in an outcome where no EA is required, but some feedback is provided in respect of matters that should be considered by the proponent or in the applicable regulatory process

In those cases where the projects carry with them unusual, EA-level effects, the EAO may determine it appropriate to refer these projects to the minister to consider designation as reviewable.

How and when are notifications submitted?

Reviewable Projects Regulation Section 5(5)

The period prescribed for the purposes of section 10 (1) of the Act is the period ending

(a) 15 days after a proponent of a project referred to in the table in the Appendix to the Reviewable Projects Transition Regulation first submits, after [April 1, 2020], an application for an applicable approval set out in the table, or,

(b) if the proponent has made, before the date this section comes into force, all applications for applicable approvals set out in the table, but no approvals have been obtained by the date this section comes into force, 90 days after the [April 1, 2020]

We are taking some extra time to implement the notification requirement to make sure we get it right with this “net new” element of the EA framework:

  • Notification requirements will be delayed and come into force on April 1, 2020.
  • We are being very thoughtful about ensuring that the amount of information is not onerous, but “just enough”.
  • We have heard that transparency is important in respect of notifications and that there is an expectation that notifications will be posted publicly on the EAO's website
  • We are building digital tools (e.g. a web form) to facilitate easy submission of notifications
  • We will work with interested parties over the coming months as we develop and finalize notification procedures, to seek feedback and conduct user testing

The prescribed period during which notifications must be submitted is set out in the Reviewable Projects Regulation (see the feature box at right). We recognize that, in the interest of certainty, proponents will typically submit notifications well in advance of the ending of the period. The EAO is supportive of this approach.

If notifications are not submitted before the ending of the prescribed period, enforcement actions may be taken in respect of non-compliance with the Act.

How and when are notifications submitted?

If notification is not required...

A project in a reviewable category

  • that does not exceed a project design threshold;
  • that does not exceed an effects threshold; and,
  • that is not subject to notification requirements

is not a reviewable project under the RPR.

Despite not being reviewable under the RPR, the Minister of Environment and Climate Change Strategy may designate any project as reviewable according to the criteria set out in Section 11 of the Environmental Assessment Act

(https://www.leg.bc.ca/content/data%20-%20ldp/Pages/41st3rd/3rd_read/gov51-3.htm#section11)

Projects that do not undergo the EA process are subject to regulation, permitting processes and ongoing compliance and enforcement monitoring that is specifically tailored to each industry or activity.

If notification is not required, the proponent may proceed to seek applicable permits

Transportation Projects

If project is reviewable under Step 1, EXIT

Or

If project is not reviewable under Step 1, go to Step 2

If project is reviewable under Step 2, EXIT

Or

If project is not reviewable under Step 2, go to Step 3

No Environmental Assessment required

Or

Referral to minister for designation

Transportation Projects

Step 1

Design Thresholds

The first step is to check the Project Design Threshold

A project in a reviewable category that exceeds a project design threshold is reviewable

If project is reviewable under Step 1, EXIT

Step 1

Project Design Thresholds

Reviewable if

exceeded

Public Highways and Railways

Project Design Thresholds

Public Highway and Railway Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Linear Project Scenarios

Scenario A

25 km

Not

Reviewable

Right of way (exceeding 20 km) for new linear project is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 20 km) for new linear project is alongside but not contiguous with existing right of way

25 km

Reviewable

Scenario C

Reviewable

25 km

Some right of way for new linear project is alongside and contiguous with existing right of way, but some right of way (exceeding 20 km) for the new linear project is not alongside an existing right of way

Ferry Terminals

Project Design Thresholds

Ferry Terminal Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Marine Ports

Project Design Thresholds

Marine Port Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Airports

Project Design Thresholds

Airport Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Step 1

Design Thresholds

A project in a reviewable category that exceeds a project design threshold is reviewable

A project in a reviewable category that does not exceed a design threshold may be reviewable - go to Step 2

If project is not reviewable under Step 1, keep going

Step 2

Effects Thresholds

use the forward arrow on the screen or your keyboard to go to Step 2

Step 2

Effects Thresholds

The second step is to check the Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

If project is reviewable under Step 2, EXIT

Step 2

Effects Thresholds

Reviewable if

exceeded

Area of Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 600 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

600 Hectares

Linear Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 60 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Linear Disturbance Threshold

60 km

Linear Disturbance Scenarios

Scenario A

65 km

Not

Reviewable

Right of way (exceeding 60 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 60 km) for new linear element is alongside but not contiguous with existing right of way

65 km

Reviewable

Scenario C

Reviewable

65 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 60 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it emits 380 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents,determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

This threshold is about 1% of the 2030 CleanBC target.

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials to support this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse

Gases Threshold

Protected Areas

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it includes one or more facilities located, in whole or in part, in an area listed in the Protected Areas (Environmental Assessment Act) Regulation and the project will have a significant adverse environmental, economic, social, cultural or health effect in the area;

Listed Protected Areas are:

Protected Areas

Threshold

Note: Provincial heritage sites established under the Heritage Conservation Act are too small to be visible at the map scale. A full list is published in the “Historic Environment Spatial Layer” available at:

https://governmentofbc.maps.arcgis.com/home/item.html?id=43eb7f624fb343b598ba42e231220660

Protected Areas

Effects Threshold

As noted on the cover page, the EAO is frequently asked to provide its views on the application of the RPR to particular projects. While the EAO has no decision-making power in this regard, it may provide assistance to proponents, government agencies and others by providing its position in this regard.

Before providing its position, the EAO ordinarily requires that the proponent provide a detailed description of its project so the EAO can understand all of the facts concerning the project. In the context of the protected areas reviewability criteria, the EAO will also typically require that proponents provide information concerning:

  • whether the project consists of activities that would routinely be carried out in accordance with the enactment that creates the protected area;
  • the scope and nature of project facilities located in the protected area;
  • the authorizations that have been granted in respect of the portion of the project in the protected area; and
  • the nature of the protected area within the proposed overlap

Please note that reviewability criteria in relation to protected areas do not apply to a portion of the project that has, as of December 16, 2019, been authorized under an enactment listed in the Protected Areas (Environmental Assessment Act) Regulation.

Detail on "significant adverse effect on the [listed] area"

Step 2

Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

A project in a reviewable category that does not exceed an effects threshold may be reviewable - go to Step 3

If project is not reviewable under Step 2, keep going

Step 3

Notification Thresholds

use the forward arrow on the screen or your keyboard to go to Step 3

Step 3

Notification Requirements

The third step is to check the Notification requirements

Step 3 Notification may be required

A new project in a reviewable category that exceeds a notification threshold is required to submit a notification to the EAO. The only circumstance that a notification is required for a project modification is in relation to greenhouse gases

or

Within 15% of Design or Effects Threshold

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would meet the following criteria thresholds, if those thresholds were reduced by 15%:

(i) thresholds set out in section 4 (1) (a) and (c) [Noting that lower, standalone notification requirements are set out in respect of these criteria on subsequent slides]

(ii) production capacity thresholds set out in Parts 2 and 3;

(iii) rated nameplate capacity, length, design capacity, input capacity and

sulphur thresholds set out in Part 4;

(iv) height, volume, area, length and rate thresholds set out in Part 5;

(v) design capacity and population thresholds set out in Part 6;

(vi) length, area and throughput capacity set out in Part 7;

(vii) bed unit thresholds set out in Part 8;

Within 15% of project design

New Projects Only

Area of Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold is required to submit a notification if it includes the clearance of 450 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

New Projects Only

450 ha of new land disturbance

Linear Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it includes the clearance of 40 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Notification is also required for transmission lines that are greater than 230 kV and greater than 40 km in length

Linear Disturbance

Threshold

New Projects Only

Linear Disturbance Scenarios

Scenario A

45 km

Notification not required

Right of way (exceeding 40 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 40 km) for new linear element is alongside but not contiguous with existing right of way

45 km

Notification Required

Scenario C

Notification Required

45 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 40 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Notification Requirement

A new project or project modification that is in a reviewable category that does not exceed a project design threshold or an effects threshold must submit notification according to the following criteria:

Notification threshold for project modifications:

Notification threshold for new projects:

emit 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Greenhouse

Gases Threshold

New and Modification Projects

the first time an expansion results in the project emitting 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Once a notification has been provided for a project modification in relation to greenhouse gas emissions, no further notifications are required for subsequent modifications

This threshold is about 1% of the 2050 CleanBC target

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse Gas Emissions

Notification Scenarios

Scenario A

existing project

total GHG emissions: 50,000 tonnes/yr

first modification

total GHG emissions: 150,000 tonnes/yr

second modification total GHG emissions: 300,000 tonnes/yr

Notification Required

Notification not required

Scenarios for project modifications

Scenario B

existing project

total GHG emissions: 150,000 tonnes/yr

first modification

total GHG emissions: 250,000 tonnes/yr

second modification total GHG emissions: 400,000 tonnes/yr

Notification Required

Notification not required

Federal Assessment Required

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it is a designated project under the Impact Assessment Act (Canada) and not located wholly on:

  • land under the administration and control of Her Majesty in right of Canada,
  • land the title to which is in the name of Her Majesty in right of Canada, or
  • an Indian reserve;

This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.

Federal EA required

New Projects Only

Workforce Threshold

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would result, at the peak of construction or operations, in the employment by the proponent of 250 or more employees or contractors who work more than 30 hours per week on an annual basis at the project facilities

Workforce Threshold

New Projects Only

If notification is required..

If notification is required, the EAO will consider the project under section 10 of the Act

Within 60 days of receiving a project notification, the chief executive assessment officer must do one of the following:

(a) submit the project notification to the minister for consideration under section 11 and provide notice to the person who proposes the project that the project notification has been submitted to the minister for that purpose;

(b) provide notice to the person who proposes the project that further review of the project under this section is required;

(c) provide notice to the person who proposes the project that no further review of the project under this section is required.

Notifications may result in an outcome where no EA is required, but some feedback is provided in respect of matters that should be considered by the proponent or in the applicable regulatory process

In those cases where the projects carry with them unusual, EA-level effects, the EAO may determine it appropriate to refer these projects to the minister to consider designation as reviewable.

How and when are notifications submitted?

Reviewable Projects Regulation Section 5(5)

The period prescribed for the purposes of section 10 (1) of the Act is the period ending

(a) 15 days after a proponent of a project referred to in the table in the Appendix to the Reviewable Projects Transition Regulation first submits, after [April 1, 2020], an application for an applicable approval set out in the table, or,

(b) if the proponent has made, before the date this section comes into force, all applications for applicable approvals set out in the table, but no approvals have been obtained by the date this section comes into force, 90 days after the [April 1, 2020]

We are taking some extra time to implement the notification requirement to make sure we get it right with this “net new” element of the EA framework:

  • Notification requirements will be delayed and come into force on April 1, 2020.
  • We are being very thoughtful about ensuring that the amount of information is not onerous, but “just enough”.
  • We have heard that transparency is important in respect of notifications and that there is an expectation that notifications will be posted publicly on the EAO's website
  • We are building digital tools (e.g. a web form) to facilitate easy submission of notifications
  • We will work with interested parties over the coming months as we develop and finalize notification procedures, to seek feedback and conduct user testing

The prescribed period during which notifications must be submitted is set out in the Reviewable Projects Regulation (see the feature box at right). We recognize that, in the interest of certainty, proponents will typically submit notifications well in advance of the ending of the period. The EAO is supportive of this approach.

If notifications are not submitted before the ending of the prescribed period, enforcement actions may be taken in respect of non-compliance with the Act.

How and when are notifications submitted?

If notification is not required...

A project in a reviewable category

  • that does not exceed a project design threshold;
  • that does not exceed an effects threshold; and,
  • that is not subject to notification requirements

is not a reviewable project under the RPR.

Despite not being reviewable under the RPR, the Minister of Environment and Climate Change Strategy may designate any project as reviewable according to the criteria set out in Section 11 of the Environmental Assessment Act

(https://www.leg.bc.ca/content/data%20-%20ldp/Pages/41st3rd/3rd_read/gov51-3.htm#section11)

Projects that do not undergo the EA process are subject to regulation, permitting processes and ongoing compliance and enforcement monitoring that is specifically tailored to each industry or activity.

If notification is not required, the proponent may proceed to seek applicable permits

Tourist Destination Resort Projects

If project is reviewable under Step 1, EXIT

Or

If project is not reviewable under Step 1, go to Step 2

If project is reviewable under Step 2, EXIT

Or

If project is not reviewable under Step 2, go to Step 3

No Environmental Assessment required

Or

Referral to minister for designation

Tourist Destination

Resort Projects

Step 1

Design Thresholds

The first step is to check the Project Design Threshold

A project in a reviewable category that exceeds a project design threshold is reviewable

If project is reviewable under Step 1, EXIT

Step 1

Project Design Thresholds

Reviewable if

exceeded

Resort Developments

(Other than golf, marina or ski)

Project Design Thresholds

Resort Development (other than golf, marina, or ski)

Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Golf and Marina

Resorts

Project Design Thresholds

Golf and Marina Resort Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Ski Resorts

Project Design Thresholds

Ski Resort Thresholds

http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019

Step 1

Design Thresholds

A project in a reviewable category that exceeds a project design threshold is reviewable

A project in a reviewable category that does not exceed a design threshold may be reviewable - go to Step 2

If project is not reviewable under Step 1, keep going

Step 2

Effects Thresholds

use the forward arrow on the screen or your keyboard to go to Step 2

Step 2

Effects Thresholds

The second step is to check the Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

If project is reviewable under Step 2, EXIT

Step 2

Effects Thresholds

Reviewable if

exceeded

Area of Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 600 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

600 Hectares

Linear Disturbance

Effects Threshold

A project in a reviewable project category that does not exceed a project design threshold is reviewable if it includes the clearance of 60 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Linear Disturbance Threshold

60 km

Linear Disturbance Scenarios

Scenario A

65 km

Not

Reviewable

Right of way (exceeding 60 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 60 km) for new linear element is alongside but not contiguous with existing right of way

65 km

Reviewable

Scenario C

Reviewable

65 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 60 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it emits 380 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents,determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

This threshold is about 1% of the 2030 CleanBC target.

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials to support this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse

Gases Threshold

Protected Areas

Effects Threshold

A project in a reviewable category that does not exceed a project design threshold is reviewable if it includes one or more facilities located, in whole or in part, in an area listed in the Protected Areas (Environmental Assessment Act) Regulation and the project will have a significant adverse environmental, economic, social, cultural or health effect in the area;

Listed Protected Areas are:

Protected Areas

Threshold

Note: Provincial heritage sites established under the Heritage Conservation Act are too small to be visible at the map scale. A full list is published in the “Historic Environment Spatial Layer” available at:

https://governmentofbc.maps.arcgis.com/home/item.html?id=43eb7f624fb343b598ba42e231220660

Protected Areas

Effects Threshold

As noted on the cover page, the EAO is frequently asked to provide its views on the application of the RPR to particular projects. While the EAO has no decision-making power in this regard, it may provide assistance to proponents, government agencies and others by providing its position in this regard.

Before providing its position, the EAO ordinarily requires that the proponent provide a detailed description of its project so the EAO can understand all of the facts concerning the project. In the context of the protected areas reviewability criteria, the EAO will also typically require that proponents provide information concerning:

  • whether the project consists of activities that would routinely be carried out in accordance with the enactment that creates the protected area;
  • the scope and nature of project facilities located in the protected area;
  • the authorizations that have been granted in respect of the portion of the project in the protected area; and
  • the nature of the protected area within the proposed overlap

Please note that reviewability criteria in relation to protected areas do not apply to a portion of the project that has, as of December 16, 2019, been authorized under an enactment listed in the Protected Areas (Environmental Assessment Act) Regulation.

Detail on "significant adverse effect on the [listed] area"

Step 2

Effects Thresholds

A project in a reviewable category that exceeds an effects threshold is reviewable

A project in a reviewable category that does not exceed an effects threshold may be reviewable - go to Step 3

If project is not reviewable under Step 2, keep going

Step 3

Notification Thresholds

use the forward arrow on the screen or your keyboard to go to Step 3

Step 3

Notification Requirements

The third step is to check the Notification requirements

Step 3 Notification may be required

A new project in a reviewable category that exceeds a notification threshold is required to submit a notification to the EAO. The only circumstance that a notification is required for a project modification is in relation to greenhouse gases

or

Within 15% of Design or Effects Threshold

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would meet the following criteria thresholds, if those thresholds were reduced by 15%:

(i) thresholds set out in section 4 (1) (a) and (c) [Noting that lower, standalone notification requirements are set out in respect of these criteria on subsequent slides]

(ii) production capacity thresholds set out in Parts 2 and 3;

(iii) rated nameplate capacity, length, design capacity, input capacity and

sulphur thresholds set out in Part 4;

(iv) height, volume, area, length and rate thresholds set out in Part 5;

(v) design capacity and population thresholds set out in Part 6;

(vi) length, area and throughput capacity set out in Part 7;

(vii) bed unit thresholds set out in Part 8;

Within 15% of project design

New Projects Only

Area of Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold is required to submit a notification if it includes the clearance of 450 hectares or more of land.

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of area of disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

This threshold does not include clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

Area of Disturbance Threshold

New Projects Only

450 ha of new land disturbance

Linear Disturbance

Notification Requirement

A new project in a reviewable project category that does not exceed a project design threshold or effects threshold is required to submit a notification if it includes the clearance of 40 km or more of land to be developed for an electrical transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes.

This threshold applies to project categories that are not primarily linear in nature (e.g. mines), but have linear elements associated with the project (e.g. a road required to access a proposed mine)

This threshold does not apply to the project categories that are primarily linear in nature, as their project design thresholds are already based on a measure of linear disturbance:

- electric transmission lines

- transmission pipelines

- public highways

- railways

Notification is also required for transmission lines that are greater than 230 kV and greater than 40 km in length

Linear Disturbance

Threshold

New Projects Only

Linear Disturbance Scenarios

Scenario A

45 km

Notification not required

Right of way (exceeding 40 km) for new linear element is alongside and contiguous with existing right of way

Scenario B

Click for details on "alongside and contiguous"

Right of way (exceeding 40 km) for new linear element is alongside but not contiguous with existing right of way

45 km

Notification Required

Scenario C

Notification Required

45 km

Some right of way for new linear element is alongside and contiguous with existing right of way, but some right of way (exceeding 40 km) for the new linear element is not alongside an existing right of way

Greenhouse Gas Emissions

Notification Requirement

A new project or project modification that is in a reviewable category that does not exceed a project design threshold or an effects threshold must submit notification according to the following criteria:

Notification threshold for project modifications:

Notification threshold for new projects:

emit 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Greenhouse

Gases Threshold

New and Modification Projects

the first time an expansion results in the project emitting 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

Once a notification has been provided for a project modification in relation to greenhouse gas emissions, no further notifications are required for subsequent modifications

This threshold is about 1% of the 2050 CleanBC target

Link to the Greenhouse Gas Emission Reporting Regulation:

http://www.bclaws.ca/civix/document/id/lc/statreg/249_2015

Materials this determination are available on the Climate Action Secretariat's website:

https://www2.gov.bc.ca/gov/content/environment/climate-change/industry/reporting/quantify

Greenhouse Gas Emissions

Notification Scenarios

Scenario A

existing project

total GHG emissions: 50,000 tonnes/yr

first modification

total GHG emissions: 150,000 tonnes/yr

second modification total GHG emissions: 300,000 tonnes/yr

Notification Required

Notification not required

Scenarios for project modifications

Scenario B

existing project

total GHG emissions: 150,000 tonnes/yr

first modification

total GHG emissions: 250,000 tonnes/yr

second modification total GHG emissions: 400,000 tonnes/yr

Notification Required

Notification not required

Federal Assessment Required

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it is a designated project under the Impact Assessment Act (Canada) and not located wholly on:

  • land under the administration and control of Her Majesty in right of Canada,
  • land the title to which is in the name of Her Majesty in right of Canada, or
  • an Indian reserve;

This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.

Federal EA required

New Projects Only

Workforce Threshold

Notification Requirement

A project in a reviewable category that does not exceed a project design threshold or effects threshold is required to submit a notification if it would result, at the peak of construction or operations, in the employment by the proponent of 250 or more employees or contractors who work more than 30 hours per week on an annual basis at the project facilities

Workforce Threshold

New Projects Only

If notification is required..

If notification is required, the EAO will consider the project under section 10 of the Act

Within 60 days of receiving a project notification, the chief executive assessment officer must do one of the following:

(a) submit the project notification to the minister for consideration under section 11 and provide notice to the person who proposes the project that the project notification has been submitted to the minister for that purpose;

(b) provide notice to the person who proposes the project that further review of the project under this section is required;

(c) provide notice to the person who proposes the project that no further review of the project under this section is required.

Notifications may result in an outcome where no EA is required, but some feedback is provided in respect of matters that should be considered by the proponent or in the applicable regulatory process

In those cases where the projects carry with them unusual, EA-level effects, the EAO may determine it appropriate to refer these projects to the minister to consider designation as reviewable.

How and when are notifications submitted?

Reviewable Projects Regulation Section 5(5)

The period prescribed for the purposes of section 10 (1) of the Act is the period ending

(a) 15 days after a proponent of a project referred to in the table in the Appendix to the Reviewable Projects Transition Regulation first submits, after [April 1, 2020], an application for an applicable approval set out in the table, or,

(b) if the proponent has made, before the date this section comes into force, all applications for applicable approvals set out in the table, but no approvals have been obtained by the date this section comes into force, 90 days after the [April 1, 2020]

We are taking some extra time to implement the notification requirement to make sure we get it right with this “net new” element of the EA framework:

  • Notification requirements will be delayed and come into force on April 1, 2020.
  • We are being very thoughtful about ensuring that the amount of information is not onerous, but “just enough”.
  • We have heard that transparency is important in respect of notifications and that there is an expectation that notifications will be posted publicly on the EAO's website
  • We are building digital tools (e.g. a web form) to facilitate easy submission of notifications
  • We will work with interested parties over the coming months as we develop and finalize notification procedures, to seek feedback and conduct user testing

The prescribed period during which notifications must be submitted is set out in the Reviewable Projects Regulation (see the feature box at right). We recognize that, in the interest of certainty, proponents will typically submit notifications well in advance of the ending of the period. The EAO is supportive of this approach.

If notifications are not submitted before the ending of the prescribed period, enforcement actions may be taken in respect of non-compliance with the Act.

How and when are notifications submitted?

If notification is not required...

A project in a reviewable category

  • that does not exceed a project design threshold;
  • that does not exceed an effects threshold; and,
  • that is not subject to notification requirements

is not a reviewable project under the RPR.

Despite not being reviewable under the RPR, the Minister of Environment and Climate Change Strategy may designate any project as reviewable according to the criteria set out in Section 11 of the Environmental Assessment Act

(https://www.leg.bc.ca/content/data%20-%20ldp/Pages/41st3rd/3rd_read/gov51-3.htm#section11)

Projects that do not undergo the EA process are subject to regulation, permitting processes and ongoing compliance and enforcement monitoring that is specifically tailored to each industry or activity.

If notification is not required, the proponent may proceed to seek applicable permits

Projects that are not in one of the listed project categories

Projects that are not in one of the listed project categories are not reviewable under the RPR.

Despite not being reviewable under the RPR, the Minister of Environment and Climate Change Strategy may designate any project as reviewable according to the criteria set out in Section 11 of the Environmental Assessment Act.

(https://www.leg.bc.ca/content/data%20-%20ldp/Pages/41st3rd/3rd_read/gov51-3.htm#section11)

Projects that do not undergo the EA process are subject to regulation, permitting processes and ongoing compliance and enforcement monitoring that is specifically tailored to each industry or activity.

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