Environmental Assessment Act Review

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. 

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 review is being done in consultation and cooperation with First Nations. The EAO will also engage with stakeholders involved in environmental assessments and other interested parties. The review is expected to continue until the end of 2027, with the EAO taking a sequenced approach to engagement on areas of focus.

What we have done so far

As a first step 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.

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

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 - Enviromental Assessment Act Review: What We Learned and Summary of Engagement (PDF, 3.6mb)

Priorities for the act review

The EAO has identified a number of central priorities for the act review, including regulatory predictability, process effectiveness and timelines, and First Nations’ participation and decision-making.  

These central priorities reflect themes from the feedback during the EAO’s early engagement on the act review. They are also informed by the experiences of EAO staff, First Nations and industry with environmental assessments over the past five years, and direction from government mandates and new legislation.  

Areas of focus

The EAO is taking a sequenced approach to this work, 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 stakeholders.

Near-term priorities – for action by Spring 2026

• Address issues identified with dispute resolution provisions
• Develop regulation for an expedited environmental assessment process for proposed projects designated by government as provincially significant

Medium-term areas of focus – to address from 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 and timely

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

Where we are going

Taking a sequenced approach, the EAO will consult and cooperate with First Nations and engage with industry, government partners, other stakeholders and the public on these 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.
 

Learn more about the EAO’s review of the Environmental Assessment Act. 

• Review of the 2018 Environmental Assessment Act (PDF, 4 mb)