Environmental Assessment Act Review

On this page:

• Current areas of focus
• Upcoming areas of focus
• Ongoing engagement
• Act review preparation
• Contact Us

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, in consultation and cooperation with First Nations and with input from other partners and participants in environmental assessments.

Current areas of focus

Participating Indigenous nation framework

The upcoming area of focus for the Act review will look at the framework for First Nations participation in the assessment process. This was an area of interest identified during the EAO’s initial engagement with participants in environmental assessments (see Act review preparation below).

The EAO anticipates releasing a discussion paper in September 2026. Consultation and cooperation with First Nations and engagement with industry and others involved in environmental assessments on this topic will continue into the spring of 2027. 

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. The EAO received substantial input from First Nations, Indigenous organizations, industry, environmental groups, local governments, environmental assessment practitioners and the public.

The EAO is currently analyzing feedback on the discussion paper, with a report on what was heard to be posted in summer 2026. Input will inform next steps for the work on an expedited assessment process, as well as other areas of the act review.

Opportunities to provide input 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, legislative amendments to the Environmental Assessment Act came into force that address challenges experienced with dispute resolution provisions. The EAO has developed policies to implement these changes in consultation and cooperation with First Nations, and engagement with environmental assessment participants. Final policies and procedures will be posted soon. The draft documents are available below.  

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

The changes to the dispute resolution framework were developed through extensive consultation and cooperation with 51 First Nations, three First Nations organizations, industry representatives and project proponents between October 2025 and July 2026 . Input that informed the development of policy options and subsequent legislative amendments are outlined in the EAO’s Dispute Resolution Intentions Paper.

The EAO has been engaging on changes to the Environmental Assessment Dispute Resolution Facilitator Regulation, which are necessary to align the regulation with the legislative amendments to the Act. Amendments to the regulation are expected in fall 2026.

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

Other areas of focus may also be identified through ongoing consultation and 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.

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

The EAO is consulting and cooperating with First Nations and engaging with industry, government partners, other stakeholders and the public on the various areas of focus.

Legal, regulatory and operational changes under the Act review  are focused on:

• Addressing pressing implementation challenges
• Increasing process efficiency and predictability and reducing timelines while upholding First Nations rights and environmental protections
• Improving the confidence of all participants in environmental assessments
• Supporting 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 to spring 2028.

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:

• 35 B.C. First Nations and Indigenous governing bodies
• 12 industry associations and other industry partners
• 11 provincial ministries and agencies
• Impact Assessment Agency of Canada (IAAC)
• Union of BC Municipalities (UBCM)

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.