Frequently asked questions

What is an environmental assessment?

B.C.'s environmental assessment process provides a mechanism for reviewing major projects to assess their potential effects. In order for a major project to proceed, an environmental assessment must be completed successfully and the proposed project must be approved by two provincial government Ministers.

The environmental assessment process addresses a broad range of environmental, economic, social, health and cultural (heritage in lieu of cultural under the 2002 Act) issues through a single, integrated process. It ensures that the issues and concerns of all interested parties and First Nations are considered together, and that a project, if it is to proceed, will do so in a sustainable manner.

What is the B.C. Environmental Assessment Act?

The B.C. Environmental Assessment Act is the legal framework for the province's environmental assessment process for proposed major projects. The Environmental Assessment Act is supported by several regulations, including the Reviewable Projects Regulation, as well as a variety of policy, procedure and technical guidelines. A new Environmental Assessment Act was brought into force in December, 2019, that also brings a new set of supporting regulations. For more details on both Acts, see the regulations and agreements page. 

What kind of major projects are assessed by the Environmental Assessment Office?

The kinds of major projects that the Environmental Assessment Office could assess include the following:

• Industrial Projects: chemical manufacturing, primary metal and forest product industries 
• Energy Projects: power plants, electric transmission lines, natural gas processing or storage plants and transmission pipelines 
• Mine Projects: coal and mineral mines, sand and gravel pits, placer mineral mines, construction stone and industrial mineral quarries and off-shore mines 
• Water Management Projects: water diversions, dams, dykes, groundwater extraction 
• Waste Management Projects: special waste facilities, local government solid and liquid waste management facilities
• Transportation Projects: large public highway and railway, large ferry terminal and marine ports
• Tourist Destination Resort Projects: large golf, marine, and ski hill destination resorts  

For more details, see the Reviewable Projects Regulation.

What determines if a project will be reviewed?

The Reviewable Projects Regulation provides for a broad range of major projects to be automatically reviewable if they equal or exceed relevant measurable thresholds, such as production volume, storage capacity, area of disturbance, etc., which are set out in the regulation. Most major projects become reviewable based on this regulation. Projects triggering these thresholds are generally those with a higher potential for environmental impacts. 

Another way projects can be reviewable is the Minister of Environment can designate a project as reviewable that is not automatically reviewable under the RPR. The Minister will may make such a designation if: 

• the Minister believes the project may have a significant adverse environmental, economic, social, cultural or health effect, and that the designation is in the public interest 
• if the project has not been substantially started at the time of designation

Proponents can opt in to have a project reviewed that does not automatically require an assessment. Proponents see advantages in a formal environmental assessment review, such as a "one window" contact point with government or the ability to demonstrate the sustainability of their project. 

For more information, see the Reviewable Project Regulation Interpretation Guide. 

Can a member of the public request that a project be reviewed?

A member of the public may apply for the Minister of Environment to designate a project as reviewable. The Minister may make such a designation if:

• the Minister believes the project may have a significant adverse environmental, economic, social, cultural or health effect, and that the designation is in the public interest
• if the project has not been substantially started at the time of designation. 

What happens when both federal and provincial environmental assessments are required?

When a project falls under both provincial and federal environmental assessment responsibility, there is an agreement in place which ensures that the two governments will carry out a single, cooperative environmental assessment while retaining their respective decision-making powers. This means Provincial and Federal ministers make independent decisions on whether to issue an environmental assessment certificate from a single report. This is called substitution.

This one project, one assessment approach saves considerable time, money and resources for both governments, proponents, and those being consulted in the environmental assessment process, such as Indigenous groups, stakeholders, and the public. 

How is an environmental assessment conducted in B.C.?

For details on the environmental assessment process – please see the environmental assessment process page.  

Why is the process order important?

The process order is important as it identifies the issues to be addressed and the information to be provided by the proponent as part of their environmental assessment application, and how the assessment will be conducted. Process orders indicate the baseline studies needed to describe the project's environmental, economic, social, health and cultural setting, the predicted impacts on the setting, and the proposed measures to reduce, avoid or manage those impacts. The government decision on whether to issue an environmental assessment certificate focuses on how effectively the application has addressed the issues identified in the process order. 

What public consultation occurs in the environmental assessment process?

Under the 2002 Environmental Assessment Act, the Public Consultation Policy Regulation sets out standards for public consultation. At a minimum there must be at least one formal public comment period during a review. Generally, there are two formal public comment periods, although some reviews have more than two. In all cases, public notice must be given at least seven days before the start of a formal public comment period. Public notice is generally given by newspaper advertisements, but can also include radio advertising or local postering.

Under the 2018 Environmental Assessment Act, there are four mandatory public engagement periods, including during a new Early Engagement phase, which provides an opportunity for all Environmental Assessment participants to better understand the project and establish a foundation for the rest of the Environmental Assessment (EA). Early Engagement is an important preparatory phase where meaningful conversations among participants begin about the proposed project to identify engagement approaches, potential interests, issues, and concerns early in the EA process and chart a path for resolution.

The new Public Engagement Policy provides for a variety of new innovative public engagement approaches to better meet the needs of the public.

What happens if important new information or concerns come to light late in the environmental assessment process?

The Environmental Assessment Office has the ability to change the scope of an environmental Assessment and will do so - where warranted - to ensure the application is as complete as possible.  

What opportunity does the public have to participate in the environmental assessment process?

The B.C. environmental assessment process invites public involvement in a number of different ways:

• There is public notification of key consultation events
• The public is able to access information through the EAO Project Information Centre (EPIC) application
• There are formal public comment periods on specific documents that may include open houses or other tailored engagement opportunities in potentially affected communities.  

Does the environmental assessment look at alternatives to proposals?

The Environmental Assessment Act only requires the review of the project that is submitted. The environmental assessment process must alternative means of carrying out the project that are technically and economically feasible, including through the use of the best available technologies, and the potential effects, risks and uncertainties of those alternatives, during the application review stage, as set out in the required assessment matters - s25 of the Act. For example, the Environmental Assessment Office may assess alternative locations for facilities, for housing the workforce, alternative processing methods for producing the end product, or alternative approaches to constructing or operating the project.  

What information do ministers consider in making their decision about issuing an environmental assessment certificate?

Under the 2002 or 2018 Environmental Assessment Act, the Environmental Assessment Office provides Ministers with an assessment report that presents the findings of the project assessment, and accompanies the report with its recommendations and draft Environmental Assessment Certificate (with conditions).

In addition, Ministers may consider any other matters that in their view are relevant to the public interest in making their decision, such as broader government objectives for the environment, the economy or social and community well-being.

Under the 2018 Environmental Assessment Act, Ministers must also consider the following information:

• Recommendations respecting whether the project is consistent with the promotion of sustainability
• Notice of participating Indigenous nations consent or lack of consent
• Arrangements reached (if any) with participating Indigenous nations

How long do Ministers have to review applications?

Under the 2002 Environmental Assessment Act, the Prescribed Time Limits Regulation sets a time limit of 45 days from the date of referral to Ministers for them to make a decision on whether or not to certify a project. If Ministers decide that more time is needed, an order may be issued to extend the time limit.

Under the 2018 Environmental Assessment Act, Ministers have 30 days to make a decision.  If Ministers decide that more time is needed, an order may be issued to extend the time limit.

Why are time limits set under the Environmental Assessment Act?

Time limits provide a more predictable process and greater certainty to all Environmental Assessment participants.

The 2002 Environmental Assessment Act provides for time limits to be imposed on key steps in the environmental assessment process in two ways:

Legislated Timelines: Set in the regulations (the Prescribed Time Limits Regulation, the Concurrent Approval Regulation and the Public Consultation Policy Regulation); and 
Project-Specific Timelines: Set in the Environmental Assessment Office (EAO) procedural orders for steps not subject to legislated timelines. 
Timelines may be applied to both government and proponents. The Minister of Environment or the EAO may extend any time limit set under BCEAA, even if that time limit has already expired. All timelines expressed in days refer to calendar days (not working days).  

The 2018 Environmental Assessment Act sets out legislated timelines for the process, as shown in this graphic.

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What does it mean if a project is 'inactive'?

If a proponent has temporarily stopped collecting information, holding meetings or preparing documents to advance an environmental assessment, such that no Environmental Assessment Office staff time has been required on the file for a period of 26 weeks, it is considered inactive.

A project may be inactive if the proponent has not been able to resolve problems to the satisfaction of the EAO and government agencies. In other cases, a project may be inactive due to the proponent's internal corporate reasons, such as changing corporate priorities, depressed market conditions, an inability to finance the project, or a combination of economic and technical factors.

Why are so few projects refused an environmental assessment certificate?

The environmental assessment of a proposed project is an iterative process where the Environmental Assessment Office and the Technical Advisory Committee provide regular feedback to the proponent regarding their application. The intent is to address all issues satisfactorily such that there are no residual adverse impacts that would prevent an environmental assessment certificate from being issued. In most cases, this is achieved in the environmental assessment  process.

If any issues remain outstanding or are not being addressed satisfactorily, EAO will inform the proponent and work with them to find satisfactory solutions. This may lead to a project becoming inactive while the proponent considers if a solution can be found to an outstanding issue. EAO would not normally refer a proposed project to ministers for a decision with outstanding issues. In response to any project application referral, ministers can choose to issue an environmental assessment certificate or refuse to issue an environmental assessment certificate.

In other words, projects that would typically not be issued a certificate seldom get to the point where their application is refused.

Why do time limits sometimes get suspended or extended?

Under the 2002 Environmental Assessment Act, the Environmental Assessment Office (EAO) may suspend or extend a time limit during the application review, for one of the following reasons:

• The proponent requests a delay of the application review (most common reason for suspension); 
• The EAO requires the proponent to provide more information, and it is the opinion of EAO staff that the request warrants additional time; or 
• A required action has not been taken by a proponent, prompting the EAO to suspend the prescribed time limit for application review.
• The Minister of Environment may also suspend a time limit to await the outcome of any investigation, inquiry, hearing or other process that the Minister considers relevant to the project review.

We are aware that having two different tools to provide extra time during an EA has been confusing. Under the 2018 Environmental Assessment Act, the EAO will only use time limit extensions to provide for more additional time during an EA. Time limit suspensions will only be applied in the case where the Minister is awaiting the outcome of any investigation, inquiry, hearing or other process that the Minister considers relevant to the project review.

If an environmental assessment certificate is issued, does it mean that the project can go ahead?

When a project is issued an environmental assessment certificate, the proponent still needs to obtain a variety of other provincial, federal and local government statutory authorizations (e.g., permits, licenses, land use by-law approvals, etc.) to construct and operate the project. Applications for required approvals may be made by proponents while the EA review is still in progress, but such approvals cannot be granted until after an EA certificate has been issued. 

How long does an environmental assessment certificate last?

Under the 2002 Environmental Assessment Act, an environmental assessment certificate remains in effect for the life of the project, unless suspended or cancelled by the Minister of Environment for reasons of non-compliance with the Environmental Assessment Act. All certificates also contain a deadline of between three and five years from the date of issuance for the project to be "substantially started". If substantive project development has not begun by this deadline, the holder of the certificate can apply for one extension of the deadline for up to five more years. If the project has still not commenced by the new deadline, the certificate expires. 

Under the 2018 Act, an environmental assessment certificate remains in effect for the life of the project, unless suspended or cancelled as noted below. All certificates also contain a deadline of up to ten years from the date of issuance for the project to be "substantially started". If substantive project development has not begun by this deadline, the holder of the certificate can apply for one extension of the deadline for up to five more years. If the project has still not commenced by the new deadline, the certificate expires. 

Certificates can be suspended or cancelled by the Minister of Environment for reasons of non-compliance with the Environmental Assessment Act. Cancellation provisions have been updated to address some other practical realities where certificate cancellation would be an appropriate course of action:

• On request of a certificate holder
• If the project is not operational on the 20th anniversary of certificate issuance

How can the Environmental Assessment Office be sure that approved projects are constructed in compliance with conditions set out in their environmental assessment certificates?

The Environmental Assessment Office's Compliance and Enforcement program ensures that projects are constructed and operated in accordance with their environmental assessment certificates. 

Can a member of the public, local government or interest group appeal a decision made under the Environmental Assessment Act?

There are no formal provisions under the Environmental Assessment Act to appeal a decision.

The option of judicial review through the courts is available to address perceived violations of the Act's legal requirements, including judicial review of the manner in which Ministers' certification decisions or the Environmental Assessment Office's administrative decisions have been made.

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How is free, prior and informed consent reflected in the revitalized environmental assessment process?

The Province is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) and is bringing the principles of the Declaration into action in the context of environmental assessment as it meets its commitment to revitalize the environmental assessment (EA) process.

An integral aspect of the UN Declaration is consulting and cooperating in good faith with Indigenous peoples in order to obtain their free, prior and informed consent (Article 18). The new EA process is designed to ensure that any decision taken on the question of consent by an Indigenous nation is free, prior and informed. 

Respectful of their own Indigenous laws, traditions and right of self-determination, a key objective of the new EA process is to create the opportunity for Indigenous nations to make a decision on whether they consent to a project. It is an objective that proponents, the Province and Indigenous nations should be working to achieve. The new EA process facilitates that objective throughout the process.      

Free, prior and informed consent is not a veto. A recent report by the United Nations Human Rights Council entitled: Free, prior, and informed consent: a human rights-based approach study of the expert mechanism on the rights of Indigenous Peoples – shares the same view.  

The Act makes it clear that Ministers may decide to issue or withhold an EA certificate, even where that decision is not aligned with the consent decision of an Indigenous nation; however, Ministers must provide reasons for doing so.

What does a consent-based process mean?

A consent-based process as it applies to environmental assessments means: 

• Indigenous nations have the opportunity to make a decision based on their own laws, traditions and right to self-determination 
• Minister(s) must legally consider the issue of consent where it has been decided on by Indigenous nations 
• Minister(s) are required to address consent in their legally required reasons for decision document

Who provides notice of consent on behalf of an Indigenous nation?

During the Environmental Assessment Office’s engagement on Environmental Assessment Revitalization, we heard that, consistent with Article 18 of the UN Declaration on the Rights of Indigenous Peoples, Indigenous nations should have the opportunity to participate in decision-making in matters which would affect their rights. Indigenous nations may participate in these decisions through representatives chosen by themselves in accordance with their own procedures, maintaining their own Indigenous decision-making institutions as they see fit, both at the technical level and the political level. 

What does consensus mean?

Consensus within the environmental assessment context represents an outcome that:

• Is actively supported by all participating Indigenous nations and the EAO
• Is not objected to by a participating Indigenous nation, while reserving their right to ultimately indicate their consent or lack of consent for a project after assessment

What does it mean to seek consensus?

Seeking consensus within the environmental assessment process means cooperation between the Environmental Assessment Office and representatives of participating Indigenous nations to achieve consensus on process decisions or recommendations. Processes that seek consensus:

• Inform, but are distinct from, a decision by an Indigenous nation to indicate their consent or lack of consent
• Inform, but are distinct from, a decision by a statutory decision-maker under the Act
• May be informed by, but are in addition to, Indigenous participation in any Technical Advisory Committee

How does the Professional Governance Act intersect with the new Environmental Assessment Act?

Government’s review of Professional Reliance made recommendations on improving the professional reliance model broadly, which informed development and introduction of Bill 49 – The B.C. Professional Governance Act on October 22nd, 2018. 

While environmental assessments do not follow a professional reliance model (as the proponent’s work is reviewed independently during the environmental assessment), the Environmental Assessment Office is working diligently with its government colleagues to determine the applicability of the new Professional Governance Act to B.C.’s environmental assessment process. 

How does the proposed new process address climate change?

The revitalized environmental assessment process has mandatory assessment considerations, including an assessment of the impact of a project on B.C.’s greenhouse gas reduction targets.

Considering climate change and greenhouse gas emissions is not new to the environmental assessment process. The Environmental Assessment Office continues to build on current practice to ensure this important issue is appropriated considered in project-specific environmental assessments.

What are the benefits of beginning an environmental assessment under the new Environmental Assessment Act?

The new Act provides greater certainty and predictability of process to proponents. Some examples are:

• Makes use of new mechanisms such as dispute resolution facilitation, and process steps such as early engagement and readiness decision that are intended to identify key project issues early, to inform approaches to developing the project and charting paths for resolution of issues during an environmental assessment
• Earlier indication of the likelihood of success, allowing proponents to make informed decisions about proceeding with the environmental assessment process
• Regulatory costs are known at the outset, including capacity funding for Indigenous nations
• The new Process Order sets out project specific timelines, information requirements and issues resolution process
• Option of a more collaborative, staged approach to the development of an application improves quality of the application and reduces the need for information requests and subsequent delay
• Increased certainty during the Effects Assessment phase provided through earlier process phases of consensus building and issues resolution
• Increased initial environmental assessment certificate (EAC) duration of a maximum of ten years, with the potential to extend the EAC an additional five years
• More efficient transition to subsequent permitting processes (if an EAC is issued), with clear handoff of issues to be further addressed in permitting
• Strong signal to Indigenous nations and stakeholders that a collaborative approach is supported and that there is a desire to meet the most up to date review requirements
• Opportunity to build social license through meaningful public engagement in the new EA process.
• Avoid potential to have to change EA processes in future if the project is delayed, or be well positioned to understand new EA process for future projects.
• Benefit from an updated cooperation agreement with the federal government that supports one project, one assessment.

For more information, contact your project lead or sector executive project director.

For contact information please visit https://www2.gov.bc.ca/gov/content/environment/natural-resource-stewardship/environmental-assessments/contact-us

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