Environmental Assessment Act Review

Publication date: September 17, 2025

On this page:

The Environmental Assessment Act came into force in December 2019. It required the Minister of Environment and Parks to initiate a review within five years to make sure it is working well and as intended. 

Through engagement with First Nations and participants in environmental assessments, and experience under the new process, the EAO identified several areas to review. These include regulatory predictability, process effectiveness and timelines, and First Nations’ participation and decision-making.

The EAO is taking a sequenced approach to the review, addressing near-term priorities first, and then tackling other priority issues, in consultation and cooperation with First Nations and with input from other partners and participants in environmental assessments.

Current areas of focus - near-term priorities for action by Spring 2026

Expedited environmental assessments

The EAO released a discussion paper and began engaging in March 2026 on a proposed expedited environmental assessment process for projects under the Infrastructure Projects Act, designated as provincially significant or in the public interest. Input on the expedited process will also inform the review of the Environmental Assessment Act more broadly.

The EAO is currently analyzing feedback on the discussion paper, which will inform refinements to the initial proposed process. A report on what was heard is being developed, to be posted in June 2026. Additional engagement will take place in the coming months as work to develop an expedited process progresses.

The EAO engaged with First Nations, local governments, industry, the public and other participants in environmental assessments to get their input on the preliminary proposed process in spring 2026. Opportunities for input to date have included a survey for members of the public, dedicated engagement sessions, one-on-one meetings and written submissions.

The EAO received:

  • 443 surveys from members of the public, which can be viewed here: engage.eao.gov.bc.ca/xEA
  • 48 written submissions from First Nations and other groups and organizations.

Dispute Resolution

On April 16, 2026, amendments to the environmental assessment act came into force that address challenges experienced with dispute resolution provisions.

The EAO continues to engage with environmental assessment participants on developing the policies to implement these changes, and finalizing a new standard issues resolution protocol template in consultation and cooperation with First Nations. This work is anticipated to be complete by mid-2026.

The changes to the dispute resolution framework were developed through extensive consultation and cooperation with 46 First Nations, several First Nations organizations, industry representatives and project proponents between October 2025 and March 2026.

As the first area of focus for the Act Review, the EAO began reviewing the Act’s dispute resolution provisions in fall 2025. The EAO consulted and cooperated with First Nations and engaged with industry on potential revisions to the dispute resolution framework to address challenges with its implementation. Legislative amendments were passed on April 16, 2026. 

For additional information on the input received throughout the engagement process that informed the development of policy options and subsequent legislative amendments, please see EAO’s Dispute Resolution Intentions Paper.

The EAO is currently engaging on the development of the policy and procedures to support the implementation of the legislative amendments and the changes to the Environmental Assessment Dispute Resolution Facilitator Regulation, which are necessary to align the regulation with the legislative amendments to the Act. 

The EAO is currently engaging on the following documents to support the implementation of the legislative amendments:

  1. Dispute Resolution Policy and Procedures
  2. Issue Resolution Protocol Policy and Procedures, including a Standard Protocol    

A questions and answers document is available to provide an overview of dispute resolution and Issue Resolution Protocol under the Act.

The EAO will hold information sessions with First Nations, proponents and industry representatives during May and June 2026. Participants will be given the opportunity to attend virtual meetings and submit written submissions by June 19, 2026

Consequential changes to the Environmental Assessment Dispute Resolution Facilitator Regulation are required as a result of the amendments to the Environmental Assessment Act. The EAO will consult and cooperate with First Nations on proposed changes to the Regulation and engage with proponents.
 

See the EAO’s dispute resolution web page for additional information on the engagement process on amendments to the act.  

Upcoming areas of focus – to address in the medium term (2026-2027)

  • Framework for First Nation participation in environmental assessments
  • Approaches to First Nations free, prior and informed consent (FPIC)
  • Types of projects that should be assessed (reviewable projects)
  • Ways to make the assessment process more efficient, effective and timely

Other areas of focus may also be identified through ongoing consultation & cooperation with First Nations and other engagement for the act review.

See the September 2025 backgrounder Review of the 2018 Environmental Assessment Act (PDF, 4 mb) for more information on the act review.Timeline of the Environmental Assessment Act review process

Ongoing engagement

The Environmental Assessment Office began the review in 2024, to evaluate whether the act is:

  • Creating an effective, timely, predictable assessment process for proposed major projects
  • Meeting the purposes of promoting sustainability and supporting reconciliation with Indigenous Peoples in B.C.
  • Consistent with the United Nations Declaration on the Rights of Indigenous Peoples, as required by B.C.’s Declaration on the Rights of Indigenous People’s Act
  • Consistent with current direction from the provincial government

Taking a sequenced approach, the EAO will continue to consult and cooperate with First Nations and engage with industry, government partners, other stakeholders and the public on the various areas of focus.

Legal, regulatory and operational changes under the Act review will aim to:

  • Address pressing implementation challenges
  • Increase process efficiency and predictability and reduce timelines while upholding First Nations rights and environmental protections
  • Improve the confidence of all participants in environmental assessments
  • Support clarity in decision-making processes with First Nations

Other areas of focus may also emerge from ongoing consultation and cooperation with First Nations and engagement with other interested parties as the act review continues through 2026 and 2027.

Act review preparation

As the first step in the review in 2024, the EAO talked to First Nations, and key partners and stakeholders, including groups that participate in environmental assessments. The EAO wanted to understand what is working well with the act and what challenges have emerged. The EAO engaged with:

Throughout the implementation of the act, government partners, First Nations, industry and the public have consistently emphasized the need for a predictable, efficient and effective regulatory system. This applies not only to project approvals, but also post-approval project changes, monitoring, compliance and enforcement.

What we learned during preliminary engagement

In the early engagement in 2024, First Nations, partner agencies and industry stakeholders identified a variety of areas where they felt the act and the assessment process could be improved.

Areas Identified

First Nations

  • involvement in decision-making
  • free, prior and informed consent
  • dispute resolution
  • capacity and funding 
  • timelines
  • use of Indigenous knowledge 
  • Indigenous-led assessments

Industry

  • what projects are reviewable
  • timelines
  • duplication and inefficiencies
  • post-assessment processes
  • technical advisory committee roles
  • Indigenous participation

Government

  • process timelines
  • duplication in regulatory reviews
  • coordination and planning integration with other regulators
  • project notifications and designations
  • enforcement tools
  • substantial start criteria

Learn more about what we heard Environmental Assessment Act Review: What We Learned and Summary of Engagement (PDF, 3.6mb)

Contact us

If you have questions or comments about the Act Review process, please get in touch at: EAO.ActReview@gov.bc.ca.