Year-at-a-Glance Highlights

Overview

In fiscal 2002/2003 major changes were made to the environmental assessment review process. British Columbia's Environmental Assessment Act (R.S.B.C. 1996, c.119) which had been in effect since June, 1995 was replaced with a new Environmental Assessment Act (S.B.C. 2002, c.43) (the Act). While the original environmental assessment process was thorough and balanced, a number of limitations became apparent in its use, including a highly prescriptive and standardized approach not conducive to dealing with the unique challenges of individual projects.

The following strategic shifts were adopted as part of the Environmental Assessment Office's Core Services Review direction. Beginning with the implementation of the new Act in December 2002, the Environmental Assessment Office has undertaken major reform of the environmental assessment process:

• from a prescriptive and standardized process to a flexible and customized process that can be tailored to the specific needs of the project;
• from a process that placed a heavy administrative burden on ministries to a process that reduces government's administrative burden and reduces costs;
• from a process that could be quite lengthy to a shorter overall review process that places greater responsibility on proponent deliverables; and
• from a process that provided little flexibility in determining which projects would be reviewed to a process that provides more flexibility in designating projects as reviewable.

Although the new Act has been in effect for just over a year, initial signs are encouraging. In the past year, five proponents have asked the Environmental Assessment Office to conduct an environmental assessment review even though their projects did not trigger a review under the Reviewable Projects Regulation. Experience to date with proponents choosing to "opt-in" suggests increased proponent confidence in the environmental assessment process. At the same time, public consultation efforts have not diminished under the new process and a high level of First Nations participation has also been maintained. Joint federal/provincial environmental assessment reviews face some harmonization challenges which are partially being addressed through a new cooperative agreement. Targeted cost efficiencies have been realized and the Environmental Assessment Office is ready for a sustained volume of project reviews over the next two years.

The Environmental Assessment Office is currently handling more than twice the number of reviewable projects forecast for 2003/04. The new streamlined environmental assessment process provides greater process efficiencies which helps offset the increased workload. The new Act also ensures that British Columbia maintains a fair and balanced process that is competitive with other jurisdictions.

Projects Under Review, Certified, Amended or Exempted from the Process

During the 2003/04 fiscal year, thirty-one projects were in the environmental assessment process (Appendix 3) and four projects (Prince George Groundwater, Vancouver Island Generation project, Coursier Dam Decommissioning and Eagle Rock Quarry) were certified (Appendix 1). Also, six existing project approval certificates issued under the previous legislation were amended (Appendix 2). Further information on the status of each project review, location of projects, and issues raised is available on the Environmental Assessment Office's Project Information Centre website (www.eao.gov.bc.ca).

Under the new legislation the Environmental Assessment Office has the option of exempting a project from an environmental assessment, if the Environmental Assessment Office is satisfied that the project will not result in any significant adverse effects, when practical mitigation measures are taken into account. This last year, three projects were exempted: the Sooke Dam height increase, near Victoria; Norske Canada's de-inking plant at Crofton; and Canfor's Prince George wood-residue-fired cogeneration project. Projects that are exempted from an environmental assessment review must still obtain all relevant permits before they can proceed.

Intergovernmental

When a project is subject to both the Canadian Environmental Assessment Act as well as the British Columbia Environmental Assessment Act, the Environmental Assessment Office ensures that overlap and duplication for both processes is reduced to the greatest extent possible. In March 2004, the governments of Canada and British Columbia approved the Canada-British Columbia Agreement on Environmental Assessment Cooperation (2004) to reduce overlap and duplication and to ensure that provincial timelines are considered in joint reviews.

The Environmental Assessment Office signed a memorandum of understanding with the Washington Department of Ecology regarding cooperation on environmental assessment in June 2001. This agreement was updated in late 2003 to reflect British Columbia's new Act. The purpose of the protocol is to ensure that each jurisdiction provides notice of and information about projects that are within 100 km of the international border and therefore could have effects on the neighbouring jurisdiction.

First Nations

The Environmental Assessment Office continues to work with First Nations to support their participation in reviews and to ensure aboriginal issues are appropriately considered through meaningful consultation and accommodation. Proponents, as well as the federal and provincial governments, continue to work with First Nations on issues related to individual projects as well as larger economic and resource issues.