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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
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 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
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
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
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
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
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
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
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
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:
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.
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
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.
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
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
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;
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
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:
This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.
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
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.
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:
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.
A project in a reviewable category
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 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
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
Mine Projects
Project Design Thresholds
http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019
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
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
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:
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.
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
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.
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
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
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;
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
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:
This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.
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
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.
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:
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.
A project in a reviewable category
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 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
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
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
http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019
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
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
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
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
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
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:
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.
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
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.
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
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
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;
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
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:
This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.
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
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.
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:
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.
A project in a reviewable category
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 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
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
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
http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019
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
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
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:
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.
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
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.
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
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
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;
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
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:
This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.
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
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.
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:
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.
A project in a reviewable category
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 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
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
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
http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019
Hazardous Waste Management Projects (3)
Project Design Thresholds
http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019
Hazardous Waste Management Projects (4)
Project Design Thresholds
http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019
Hazardous Waste Management Projects
Project Design Thresholds
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
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
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
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:
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.
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
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.
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
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
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;
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
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:
This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.
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
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.
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:
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.
A project in a reviewable category
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 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
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
Public Highways and Railways
Project Design Thresholds
Public Highway and Railway Thresholds
http://www.bclaws.ca/civix/document/id/oic/oic_cur/0607_2019
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
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
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
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:
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.
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
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.
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
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
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;
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
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:
This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.
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
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.
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:
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.
A project in a reviewable category
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 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
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
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
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
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
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:
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.
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
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.
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
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
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;
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
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:
This notification requirement supports the opportunity to conduct a substituted EA under the cooperation agreement signed in August 2019.
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
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.
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:
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.
A project in a reviewable category
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.
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.