Definitions

1   In this regulation:

"Act" means the Environmental Assessment Act;

"applicable table", in relation to a new project, a modification to an existing project or the dismantling and abandonment of an existing project, means whichever of Tables 1 to 14 lists in Column 1 the category of project within which the new or existing project fits;

"carbon dioxide equivalent" has the same meaning as in the Greenhouse Gas Industrial Reporting and Control Act;

"CWF" means the contaminant weighting factor set out in Appendix 1 for a permitted contaminant;

"existing project" means a constructed or substantially constructed project, whether operation or not, but does not include a project that has permanently ceased operations and has been abandoned;

"facility" means one or more physical works or structures that have been or will be constructed as part of a project;

"foreshore" means land in tidal or non-tidal areas that, as a result of the rise and fall of the sea or water in an estuary or stream between the natural boundary and the ordinary low water mark, is periodically covered by salt water or fresh water and periodically exposed;

"greenhouse gas" has the same meaning as in the Climate Change Accountability Act;

"NAICS code" means the code in the North American Industrial Classification System, 2017;

"natural boundary" has the same meaning as in the Land Act;

"new project" means a proposed project, or a project for which construction has begun but that has not started regular operations;

"stream" has the same meaning as in the Water Sustainability Act;

"submerged land" means land that lies below the ordinary low water mark of a stream, marine coastline or estuary and that is normally covered by salt water or fresh water;

"waste discharge" means the quantity of gaseous, liquid or solid waste contaminants introduced into the environment from a facility.

How to calculate total waste discharge

2   (1) The total waste discharge for a project is the quantity of waste that is permitted under the Environmental Management Act to be discharged from the project.

(2) The total waste discharge for a project is calculated by adding the products obtained by multiplying the CWF for each permitted contaminant by the permitted discharge rate, in tonnes or other unit of measurement specified in Appendix 1, for that contaminant.

Reviewable projects prescribed

3   (1) A new project that is in a category described in Column 1 of the applicable table is prescribed as a reviewable project if it meets the criteria set out opposite in Column 2.

(2) A proposed modification of an existing project that is in a category described in Column 1 of the applicable table is prescribed as a reviewable project if it meets the criteria set out opposite in Column 3.

(3) A proposed dismantling and abandonment of an existing project that is in a category described in Column 1 of the applicable table is prescribed as a reviewable project if it meets the criteria set out opposite in Column 4.

(4) For the purposes of subsections (1) and (2), if a new project or the modification of an existing project requires construction of a facility before regular operations can start, the new project or modification must meet the criteria by the time the construction is completed.

(5) A project with respect to which there is a holder of an environmental assessment certificate who may make an application under section 32 of the Act does not constitute a reviewable project for the purposes of this regulation.

Effects thresholds

4   (1) Despite section 3, a new project and a modification of an existing project are prescribed as a reviewable project if the project is in a category listed in Column 1 of an applicable table and meets any of the following thresholds:

(a) emits 380 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

(b) includes one or more facilities located, in whole or in part, in an area listed in the Protected Areas (Environmental Assessment Act) Regulation and the project will have a significant adverse environmental, economic, social, cultural or health effect in the area;

(c) includes the clearance of

(i) 60 km or more of land that is to be developed for a transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes, or

(ii) 600 ha or more of land, unless the clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

(2) Subsection (1) (b) does not apply to a portion of a project that

(a) is in the area listed in the Protected Areas (Environmental Assessment Act) Regulation, and

(b) has, on the date this section comes into force, an authorization under an enactment listed in that regulation.

(3) Subsection (1) (c) does not apply to the following project categories described in Column 1 of the applicable tables:

(a) transmission lines;

(b) transmission pipelines;

(c) public highways;

(d) railways.

[am. B.C. Reg. 67/2020, Sch. 1.]

Project notifications

5   (1) The following categories of new projects are prescribed for the purposes of section 10 (1) of the Act:

(a) projects that are designated projects under the Impact Assessment Act (Canada) and not located wholly on

(i) land under the administration and control of Her Majesty in right of Canada,

(ii) land the title to which is in the name of Her Majesty in right of Canada, or

(iii) a reserve as defined in the Indian Act (Canada);

(b) projects that would meet the following criteria thresholds, if those thresholds were reduced by 15%:

(i) thresholds set out in section 4 (1) (a) and (c);

(ii) production capacity thresholds set out in Parts 2 and 3;

(iii) rated nameplate capacity, length, design capacity, input capacity and sulphur thresholds set out in Part 4;

(iv) height, volume, area, length and rate thresholds set out in Part 5;

(v) design capacity and population thresholds set out in Part 6;

(vi) length, area and throughput capacity set out in Part 7;

(vii) bed unit thresholds set out in Part 8;

(c) projects that would result, at the peak of construction or operations, in the employment by the proponent of 250 or more employees or contractors who work more than 30 hours per week on an annual basis at the project facilities;

(d) projects that emit 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with Part 3 of the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015;

(e) transmission lines that are greater than 230 kV and greater than 40 km in length;

(f) project that include the clearance of

(i) 40 km in length or more of land that is to be developed for a transmission line, transmission pipeline, railway, public highway or resource road, if the land is not alongside and contiguous to an area of land previously developed for one of those purposes, or

(ii) 450 ha or more of land, unless the clearance has been authorized by the minister, or delegate, under the Resort Timber Administration Act.

(2) Subsection (1) (f) does not apply to the following project categories in Column 1 of the applicable tables:

(a) transmission lines;

(b) transmission pipelines;

(c) public highways;

(d) railways.

(3) Subject to subsection (4), an existing project, as modified, that emits 125 000 tonnes or more per year of one or more greenhouse gases directly from project facilities, measured in carbon dioxide equivalents, determined in accordance with the Greenhouse Gas Emission Reporting Regulation, B.C. Reg. 249/2015, is prescribed for the purposes of section 10 (1) of the Act.

(4) An existing project, as modified, that meets the criterion set out in subsection (3) and for which a project notification has previously been submitted under that subsection is not prescribed for the purposes of section 10 (1) of the Act.

(5) The period prescribed for the purposes of section 10 (1) of the Act is the period ending

(a) 15 days after a proponent of a project referred to in the table in the Appendix to the Reviewable Projects Transition Regulation first submits, after the date this section comes into force, an application for an applicable approval set out in the table, or,

(b) if the proponent has made, before the date this section comes into force, all applications for applicable approvals set out in the table, but no approvals have been obtained by the date this section comes into force, 90 days after the date this section comes into force.

(6) The chief executive assessment officer must notify the minister on receiving a notice under subsection (1) (d) or (3).

[am. B.C. Reg. 67/2020, Sch. 2.]

What assessment of construction includes

6   (1) Subject to subsection (2) and unless otherwise indicated in the applicable table,

(a) an assessment of a new project includes the assessment of the construction, operation, dismantling and abandonment phases of the project, and

(b) an assessment of the modification of an existing project includes the assessment of the construction, operation, dismantling and abandonment phases of the modified portion of the existing project.

(2) If an applicable table includes a Column 4 setting out the criteria that, when met, result in the dismantling and abandonment of an existing project in that category being prescribed as a reviewable project, an assessment of the construction of a new project in that category or of the modification of an existing project in that category does not include an assessment of the dismantling and abandonment phases for projects in that category.

Definitions for Part 2

7   In this Part:

"integrated paper or paperboard manufacturing facility" means a plant that produces pulp as part of the process for producing paper or paperboard;

"non-integrated paper or paperboard manufacturing facility" means a plant that does not produce pulp as part of the process for producing paper or paperboard;

"threshold A" means the criteria described in section 8 (1);

"threshold B" means the criteria described in section 8 (2);

"threshold C" means the criteria described in section 8 (3);

"threshold D" means the criteria described in section 8 (4).

Criteria for proposed modifications of industrial projects

8   (1) For the purposes of this Part, threshold A is met for a proposed modification of an existing facility if

(a) the existing facility, were it a new facility in the same category as the existing facility as described in Column 1 of the applicable table, would meet the criteria set out opposite in Column 2, and

(b) the modification will result in an increase of at least 30% in the total waste discharge from the facility.

(2) In this Part, threshold B is met for a proposed modification of an existing facility if

(a) the existing facility, were it a new facility in the same category as the existing facility as described in Column 1 of the applicable table, would meet the criteria set out opposite in Column 2, and

(b) the modification will result in an increase in the production capacity of the facility of at least 35% but less than 50%, unless there is a decrease of 10% or more in the total waste discharge from the facility.

(3) In this Part, threshold C is met for a proposed modification of an existing facility if

(a) the existing facility, were it a new facility in the same category as the existing facility as described in Column 1 of the applicable table, would not meet the criteria set out opposite in Column 2, and

(b) the modification will result in

(i) an increase in the production capacity of the facility of at least 35%, unless there is a decrease of 10% or more in the total waste discharge from the facility, and

(ii) a facility that, were it a new facility in the same category as the existing facility as described in Column 1 of the applicable table, would meet the criteria set out opposite in Column 2.

(4) In this Part, threshold D is met for a proposed modification of an existing facility if

(a) the existing facility, were it a new facility in the same category as the existing facility as described in Column 1 of the applicable table, would meet the criteria set out opposite in Column 2, and

(b) the modification will result in an increase in the production capacity of the facility of at least 50%.

Table 1 — Organic and Inorganic Chemical Industry

Table 2 — Primary Metals Industry

Table 3 — Non-metallic Mineral Products Industries

Table 4 — Forest Products Industries

Table 5 — Other Industries

Definitions for Part 3

9   In this Part:

"clean coal" means coal that has undergone a washing process to remove waste before it is transported from the mine site for marketing or testing;

"industrial minerals" means the substances listed in Appendix 3;

"mine" has the same meaning as in the Mines Act;

"mineral mine" means a mine where a mineral, as defined in the Mineral Tenure Act, is or could be mined, but does not include a mine where industrial minerals are or could be mined;

"offshore mine" means a platform, artificial island or other physical work or structure, including any associated facilities, that is intended to be used, or is used, for the exploration for or production of a minable substance from the foreshore or submerged land along a marine coastline, or from an offshore site located in salt water;

"pay dirt" means mined placer gravel that is or could be processed in a sluice box, wash plant or other device for extracting precious metals;

"permitted for disturbance" in relation to land, means that the land would be or has been disturbed by mining activities approved under a Mines Act permit or another permit that was issued as part of a previous mine approval;

"placer mineral mine" means a mine where a placer mineral, as defined in the Mineral Tenure Act, is or could be mined;

"production capacity", in relation to a mine project, means a capacity to generate product for marketing or testing, not including waste materials;

"proposed project", in relation to the proposed modification of the existing facility referred to in section 10 (1) or (2), means all of the physical works and structures of the existing facility together with all of the physical works and structures that would be constructed as part of the proposed modification;

"quarry" means a quarry or other operation where construction stone, an industrial mineral or another substance is or could be mined, but does not include a mineral mine, placer mineral mine or coal mine or a sand or gravel pit;

"raw coal" means coal that does not require processing in a coal preparation plant before it is transported from the mine site for marketing or testing;

"threshold E" means the criteria described in section 10 (1);

"threshold F" means the criteria described in section 10 (2);

"threshold G" means the criteria described in section 10 (3).

Criteria for proposed modifications of mine projects

10   (1) For the purposes of this Part, threshold E is met for a proposed modification of an existing project if

(a) the existing project, or the proposed project, were it a new project in the same category as the existing project as described in Column 1 of the applicable table, would meet the criteria set out opposite in Column 2, and

(b) the modification will result in the disturbance of an area of land that was not previously permitted for disturbance and that is at least 50% of the area of land that was previously permitted for disturbance at the existing project.

(2) In this Part, threshold F is met for a proposed modification of an existing project if

(a) the existing project, or the proposed project, were it a new project in the same category as the existing project as described in Column 1 of the applicable table, would meet the criteria set out opposite in Column 2, and

(b) the modification will result in the disturbance of an area of land that was not previously permitted for disturbance and that is at least 35% of the area of land that was previously permitted for disturbance at the existing project.

(3) In this Part, threshold G is met for a proposed modification of an existing project if

(a) the existing project, or the proposed project, were it a new project in the same category as the existing project as described in Column 1 of the applicable table, would meet the criteria set out opposite in Column 2, and

(b) the chief executive assessment officer has determined under subsection (4) that the modification has the potential to result in a significant adverse environmental, economic, social, cultural or health effect.

(4) For the purposes of a modification of an existing project in the offshore mine project category, the chief executive assessment officer must determine whether the modification has the potential to result in a significant adverse environmental, economic, social, cultural or health effect.

Table 6 — Mine Projects

Definitions for Part 4

11   In this Part:

"another power plant" means a project for the generation of electricity from the sun, the wind or the movement of tidal water, and includes all associated structures, machinery, appliances, fixtures, equipment and storage and handling facilities;

"energy resource" means natural gas and oil, and all other forms of petroleum and hydrocarbon, in gaseous or liquid state, and electricity;

"energy storage facility" means a place where an energy resource is accumulated or stored in bulk as part of the process of being transported or distributed, but does not include

(a) a compressor, separator or dehydrator if the compressor, separator or dehydrator is used as a part of the production of natural gas or oil, or both, from a well, or

(b) underground facilities used in conjunction with the production of natural gas or oil, or both, from a well and located at the wellhead;

"hydroelectric power plant" means a project for the generation of electricity from the motion of water, or from the position or potential motion of water, and includes associated dams, diversion works, water conduits and all structures, machinery, appliances, fixtures and equipment;

"municipal solid waste" has the same meaning as in section 14 and includes fuels derived by processing municipal solid waste;

"natural gas processing plant" means a project for processing natural gas by removing from it natural gas liquids, sulphur or substances other than water so that the natural gas meets transmission pipeline specifications;

"offshore oil or gas facility" means a platform, artificial island or other physical work or structure, including any associated facilities, that is intended to be used, or is used, for the exploration for or production of oil or natural gas from the foreshore or submerged land along a marine coastline, or from an offshore site located in salt water;

"process" means any process designed to remove elements or compounds, whether hydrocarbon or non-hydrocarbon, from gas, and includes absorption, adsorption and refrigeration, but does not include field processing that normally takes place on or near the extraction site, such as natural pressure reduction, mechanical separation, heating, cooling, dehydration and compression;

"sulphur emissions" means the total mass of sulphur, including elemental sulphur and all sulphur in compounds, expressed as elemental sulphur;

"thermal electric power plant" means a project for generating electricity from the combustion of natural gas, oil, petroleum products, coal, wood, wood waste, plant products or municipal solid waste or from the use of geothermal energy or from nuclear fission or fusion, and includes all associated structures, machinery, appliances, fixtures and equipment, and storage and handling facilities;

"transmission pipeline" means a pipe or system of pipes through which natural gas, oil or solids, or a liquid or gas derived from natural gas, oil or solids, whether in suspension or some other form, is transported, and includes compressor or pumping facilities and other equipment related to the operation of the transmission pipeline, associated terminal or storage facilities.

Whether modification results in significant adverse effects

12   For the purpose of determining whether the modification of an offshore oil or gas project is prescribed as a reviewable project, the chief executive assessment officer must determine whether the modification has the potential to result in a significant adverse environmental, economic, social, cultural or health effect.

Table 7 — Electricity Projects

Table 8 — Petroleum and Natural Gas Projects

Definitions for Part 5

13   In this Part:

"aquifer" has the same meaning as in the Water Sustainability Act;

"dam" has the same meaning as in the Dam Safety Regulation;

"deep groundwater" has the same meaning as in section 51 of the Water Sustainability Regulation, B.C. Reg. 36/2016;

"hydroelectric power plant" has the same meaning as in Part 4;

"mine" has the same meaning as in the Mines Act;

"oil and gas purpose" has the same meaning as in section 2 of the Water Sustainability Act;

"periodic maintenance dredging" means dredging undertaken at regular intervals to keep an existing waterway in a condition that allows the waterway to be used as designed and authorized, but does not include the initial dredging of the waterway.

Table 9 — Water Management Projects

[am. B.C. Reg. 32/2023, Sch. B, s. 12.]

Definitions for Part 6

14   In this Part:

"biomedical waste" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"disposal" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"drilling rig site" has the same meaning as in the Oil and Gas Waste Regulation, B.C. Reg. 254/2005;

"facility" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"hazardous waste" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"incinerator" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"land treatment" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"mobile off-site treatment facility" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"municipal liquid waste" has the same meaning as in section 23 of the Environmental Management Act;

"municipal solid waste" has the same meaning as in section 23 of the Environmental Management Act;

"off-site facility" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"produced water" has the same meaning as in the Oil and Gas Waste Regulation, B.C. Reg. 254/2005;

"secure building" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"secure landfill" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"storage" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"thermal treatment" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"treatment" has the same meaning as in the Hazardous Waste Regulation, B.C. Reg. 63/88;

"waste" has the same meaning as in the Environmental Management Act;

"waste management facility" has the same meaning as in the Environmental Management Act;

"well completion or workover" has the same meaning as in the Oil and Gas Waste Regulation, B.C. Reg. 254/2005.

Table 10 — Hazardous Waste Management Projects

[am. B.C. Reg. 187/2023, Sch., s. 12.]

Table 11 — Solid Waste Management Projects

Table 12 — Liquid Waste Management Projects

Definition for Part 7

15   In this Part, "public highway" means a road, street, lane, bridge or right of way designed or intended for use by the general public for the passage of vehicles, but does not include a private road.

Definitions for Part 8

16   In this Part:

"bed unit" means the accommodation required for one person to stay overnight, and includes accommodation that is available on a night-by-night basis and permanent residential accommodation;

"golf resort development" means a resort development with attached golf facilities;

"linear moorage" means the overall outside perimeter of all berths in a moorage;

"marina resort development" means a resort development with attached moorage facilities;

"resort development" means a commercial operation that caters to tourists and serves local, regional, provincial or international markets;

"ski resort development" means a resort development with attached ski facilities.

Table 14 — Tourist Destination Resort Projects

1   For the purposes of the definitions of "industrial mineral" in section 9, the following substances are industrial minerals:

(a) all rock or stone used to produce dimension stone or building facing stone, or for any other ornamental or decorative purpose;

(b) barite, calcite, dolomite, gypsum, limestone, magnesite, phosphate rock, wollastonite;

(c) bentonite, clay, diatomaceous earth, pozzolanic materials, zeolite, kaolin clay, and all related substances;

(d) pumice, lava, volcanic ash and all related substances;

(e) all substances in which silica is the predominant mineral and that are used for an industrial purpose, including massive silica, quartz, quartzite, garnet and corundum;

(f) jade, rhodonite and all decorative stone and rock;

(g) talc;

(h) marl;

(i) feldspar;

(j) shale and slate;

(k) graphite.