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B.C. Reg. 243/2019
O.C. 607/2019
Deposited November 29, 2019
effective December 16, 2019,
except section 5 effective April 1, 2020
This consolidation is current to January 12, 2021.
Link to consolidated regulation (PDF)
Link to Point in Time

Environmental Assessment Act

Reviewable Projects Regulation

[Last amended March 26, 2020 by B.C. Reg. 67/2020]

Contents
Part 1 — Interpretation
1Definitions
2How to calculate total waste discharge
3Reviewable projects prescribed
4Effects thresholds
5Project notifications
6What assessment of construction includes
Part 2 — Industrial Projects
7Definitions for Part 2
8Criteria for proposed modifications of industrial projects
Part 3 — Mine Projects
9Definitions for Part 3
10Criteria for proposed modifications of mine projects
Part 4 — Energy Projects
11Definitions for Part 4
12Whether modification results in significant adverse effects
Part 5 — Water Management Projects
13Definitions for Part 5
Part 6 — Waste Disposal Projects
14Definitions for Part 6
Part 7 — Transportation Projects
15Definition for Part 7
Part 8 — Tourist Destination Resort Projects
16Definitions for Part 8
Appendix 1
Appendix 2
Appendix 3

Part 1 — Interpretation

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.

Part 2 — Industrial Projects

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

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
1All other basic inorganic chemical manufacturing (NAICS 325189; 325181).
2Other basic organic chemical manufacturing (NAICS 325190).
3Petrochemical manufacturing (NAICS 325110).
4Industrial gas manufacturing (NAICS 325120).
5Chemical fertilizer (except potash) manufacturing (NAICS 325313).
6Mixed fertilizer manufacturing (NAICS 325314).
7Pesticide and other agricultural chemical manufacturing (NAICS 325320).
8Resin and synthetic rubber manufacturing (NAICS 325210; 325991).
9Paint and coating manufacturing (NAICS 325510).
10All other miscellaneous chemical product manufacturing (NAICS 325999).
Criteria:
(1)A new manufacturing facility
(a)that has a production capacity of ≥ 100 000 tonnes/year, or
(b)that
(i)produces materials classified under the Transportation of Dangerous Goods Act 1992 (Canada) as "Explosives", "Flammable solids", "Corrosives", "Poisonous (toxic) and infectious substances" or "Oxidizing substances; organic peroxides", and
(ii)has a production capacity of ≥ 5 000 tonnes/year.
Criteria:
(1)Modification of an existing facility that meets
(a)threshold A,
(b)threshold B,
(c)threshold C, or
(d)threshold D.

Table 2 — Primary Metals Industry

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
1Iron and steel mills and ferro-alloy manufacturing (NAICS 331110; 331221).
2Alumina refining and primary aluminum production (NAICS 331313).
3Non-ferrous metal (except aluminum) smelting and refining (NAICS 331410; 331420; 331490).
Criteria:
(1)Subject to subsection (2), a new manufacturing facility, regardless of size.
(2)If refining processes, precious metal distillate processes or ore roasting processes are integrated with ore milling operations at, or in the vicinity of, a mine site and are dedicated to the mining operations at the mine site, those processes are not reviewable as part of a project that is a reviewable project under subsection (1).
Criteria:
(1)Subject to subsection (2), modification of an existing facility that meets
(a)threshold A,
(b)threshold B, or
(c)threshold D.
(2)If refining processes, precious metal distillate processes or ore roasting processes are integrated with ore milling operations at, or in the vicinity of, a mine site and are dedicated to the mining operations at the mine site, those processes are not reviewable as part of a project that is a reviewable project under subsection (1).

Table 3 — Non-metallic Mineral Products Industries

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
1Cement manufacturing (NAICS 327310).
2Glass manufacturing (NAICS 327214; 327215).
3Lime manufacturing (NAICS 327410).
Criteria:
(1)A new manufacturing facility with a production capacity of ≥ 100 000 tonnes/year.
Criteria:
(1)Modification of an existing facility that meets
(a)threshold A,
(b)threshold B,
(c)threshold C, or
(d)threshold D.
4All other non-metallic mineral product manufacturing (NAICS 327990).
Criteria:
(1)A new manufacturing facility, regardless of size.
Criteria:
(1)Modification of an existing facility that meets
(a)threshold A,
(b)threshold B, or
(c)threshold D.

Table 4 — Forest Products Industries

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
1Pulp manufacturing facility in one of the following NAICS codes:
(a)mechanical pulp mills (NAICS 322111);
(b)chemical pulp mills (NAICS 322112);
(c)paper (except newsprint) mills (NAICS 322121);
(d)newsprint mills (NAICS 322122);
(e)paperboard mills (NAICS 322130).
Criteria:
(1)A new manufacturing facility, regardless of size.
Criteria:
(1)Modification of an existing facility that
(a)meets threshold A, as it applies to a modification of the facility's pulp production capability,
(b)meets threshold B, as it applies to an increase in the facility's pulp production capability,
(c)meets threshold D, as it applies to an increase in the facility's pulp production capability, or
(d)results in creation of a new paper or paperboard manufacturing capability with a production capacity of ≥ 250 000 tonnes/year of paper or paperboard.
2Integrated paper or paperboard manufacturing facility in one of the following NAICS codes:
(a)mechanical pulp mills (NAICS 322111);
(b)chemical pulp mills (NAICS 322112);
(c)paper (except newsprint) mills (NAICS 322121);
(d)newsprint mills (NAICS 322122);
(e)paperboard mills (NAICS 322130).
Criteria:
(1)A new manufacturing facility, regardless of size.
Criteria:
(1)Modification of an existing facility that
(a)meets threshold A, as it applies to a modification in the facility's pulp production capability,
(b)meets threshold B, as it applies to an increase in the facility's pulp production capability,
(c)meets threshold D, as it applies to an increase in the facility's pulp production capability, or
(d)results in an increase in paper or paperboard production capacity of ≥ 250 000 tonnes/year.
3Non-integrated paper and paperboard manufacturing facility in one of the following NAICS codes:
(a)mechanical pulp mills (NAICS 322111);
(b)chemical pulp mills (NAICS 322112);
(c)paper (except newsprint) mills (NAICS 322121;
(d)newsprint mills (NAICS 322122);
(e)paperboard mills (NAICS 322130).
Criteria:
(1)A new manufacturing facility with a production capacity of ≥ 250 000 tonnes/year.
Criteria:
(1)Modification of an existing facility that results in
(a)for an existing project with a production capacity of ≥ 250 000 tonnes/year, an increase in paper or paperboard production capacity of ≥ 250 000 tonnes/year, or
(b)the creation at the existing facility of a new pulp production capability.
4Wood preservation (NAICS 321114).
Criteria:
(1)A new manufacturing facility with a production capacity of ≥ 25 000 m3/year.
Criteria:
(1)Modification of an existing facility that meets
(a)threshold A,
(b)threshold B,
(c)threshold C, or
(d)threshold D.
5Sawmills (except shingle and shake mills) (NAICS 321111).
Criteria:
(1)A new manufacturing facility with a production capacity of ≥ 750 000 board feet/day.
Criteria:
(1)Modification of an existing facility that meets
(a)threshold A,
(b)threshold B,
(c)threshold C, or
(d)threshold D.
6Hardwood veneer and plywood mills (NAICS 321211).
7Softwood veneer and plywood mills (NAICS 321212).
Criteria:
(1)A new facility manufacturing
(a)plywood or both plywood and veneer with a production capacity of ≥ 170 000 m3/year, or
(b)veneer, but not plywood, with a production capacity of ≥ 250 000 m3/year.
Criteria:
(1)Modification of an existing facility that meets
(a)threshold A,
(b)threshold B,
(c)threshold C, or
(d)threshold D.
8Particle board and fibreboard mills (NAICS 321216).
9Waferboard mills (NAICS 321217).
Criteria:
(1)A new manufacturing facility with a production capacity of ≥ 150 000 m3/year.
Criteria:
(1)Modification of an existing facility that meets
(a)threshold A,
(b)threshold B,
(c)threshold C, or
(d)threshold D.

Table 5 — Other Industries

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
1Pharmaceutical and medicine manufacturing (NAICS 325410).
Criteria:
(1)A new manufacturing facility with a production capacity of
(a)≥ 50 tonnes/year of biopharmaceutical products, or
(b)≥ 200 tonnes/year of non-biopharmaceutical products.
Criteria:
(1)Modification of an existing facility that meets
(a)threshold A,
(b)threshold B,
(c)threshold C, or
(d)threshold D.
2Artificial and synthetic fibres and filaments manufacturing (NAICS 325220; 313110).
3Textile and fabric finishing (NAICS 313310; 313320).
Criteria:
(1)A new manufacturing facility with a production capacity ≥ 15 000 tonnes/year.
Criteria:
(1)Modification of an existing facility that meets
(a)threshold A,
(b)threshold B,
(c)threshold C, or
(d)threshold D.
4Tire manufacturing (NAICS 326210).
Criteria:
(1)A new facility, regardless of size.
Criteria:
(1)Modification of an existing facility that meets
(a)threshold A,
(b)threshold B, or
(c)threshold D.
5Leather and hide tanning and finishing (NAICS 316110).
Criteria:
(1)A new manufacturing facility with a production capacity of ≥ 500 000 m2/year.
Criteria:
(1)Modification of an existing facility that meets
(a)threshold A,
(b)threshold B,
(c)threshold C, or
(d)threshold D.
6Battery manufacturing (NAICS 335910).
Criteria:
(1)A new facility manufacturing lead-acid batteries, regardless of size.
Criteria:
(1)Modification of an existing facility that meets
(a)threshold A,
(b)threshold B, or
(c)threshold D.

Part 3 — Mine Projects

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

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
1Coal Mines — SIC code 063.
Criteria:
(1)A new mine facility that, during operations, will have a production capacity of ≥ 250 000 tonnes/year of clean coal or raw coal or both.
Criteria:
(1)Modification of an existing mine facility that meets threshold E.
2Mineral Mines.
Criteria:
(1)A new mine facility that, during operations, will have a production capacity of ≥ 75 000 tonnes/year of mineral ore.
Criteria:
(1)Modification of an existing mine facility that meets threshold E.
3Sand and Gravel Pits — SIC code 082.
Criteria:
(1)A new pit facility that will have a production capacity of
(a)≥ 500 000 tonnes/year of excavated sand or gravel or both during at least one year of its operation, or
(b)over a period of < 4 years of operation, ≥ 1 000 000 tonnes of excavated sand or gravel or both.
Criteria:
(1)Modification of an existing pit facility that meets threshold F.
4Placer Mineral Mines.
Criteria:
(1)A new mine facility that, during operations, will have a production capacity of ≥ 250 000 tonnes/year of pay dirt.
Criteria:
(1)Modification of an existing pit facility that meets threshold F.
5Construction Stone and Industrial Mineral Quarries.
Criteria:
(1)A new quarry facility or other operation that
(a)involves the removal of construction stone or industrial minerals or both,
(b)is regulated as a mine under the Mines Act, and
(c)during operations, will have a production capacity of ≥ 250 000 tonnes/year of quarried product.
Criteria:
(1)Modification of an existing mine facility that meets threshold E.
6Offshore Mines.
Criteria:
(1)A new offshore mine facility.
Criteria:
(1)Modification of an existing facility that meets threshold G.

Part 4 — Energy 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

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
Column 4
Dismantling and Abandonment of Existing Project
1Power Plants.
Criteria:
(1)A new project with a rated nameplate capacity of ≥ 50 MW of electricity that is
(a)a hydroelectric power plant,
(b)a thermal electric power plant, or
(c)another power plant, not including a power plant referred to in subsections (2) to (5).
(2)A new project that is a land-based wind generating facility with 15 or more turbines.
(3)A new project that is a wind generating facility with at least one turbine located in water and a total of 10 or more turbines.
(4)A new project with a rated nameplate capacity of ≥ 15 MW of electricity that is an in-stream tidal power facility.
(5)A new project, other than a project referred to in subsection (4), that is a tidal power generating facility.
Criteria:
(1)Subject to subsections (2) and (3), the existing project, or the project after modification, were it a new project in the same category, would increase by at least the amounts set out in Column 2.
(2)The following types of modifications are not reviewable under subsection (1):
(a)replacement of generators or turbines;
(b)other maintenance repairs.
(3)Subsection (1) does not apply to projects described in subsection (5) of Column 2.
(4)Modification of an existing project described in subsection (5) of Column 2, if the modification would increase production capacity by 50% or more.
Criteria:
(1)Dismantling or abandonment of an existing dam project associated with an existing hydroelectric power plant of any size, if the dam is, or was, permitted under the Water Sustainability Act to impound ≥ 10 million m3 of water.
2Transmission Lines.
Criteria:
(1)Subject to subsection (2), a new transmission line of 345 kV or higher voltage and of 40 km or more in length, if the land on which the line is built is not alongside and contiguous to an area of land previously developed for a transmission line, transmission pipeline, public highway or railway.
(2)Assessment of a new project under subsection (1) does not include the dismantling and abandonment phases.
Criteria:
(1)Subject to subsection (2), modification of an existing project if
(a)the existing project, or the project after modification, were it a new project, would meet the criteria set out opposite in Column 2, and
(b)the land in which the modified line is built is 40 km or more in length and is not alongside and contiguous to an area of land previously developed for a transmission line, transmission pipeline, public highway or railway.
(2)Assessment of the modification of an existing project under subsection (1) does not include the dismantling and abandonment phases.

Table 8 — Petroleum and Natural Gas Projects

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
1Energy Storage Facilities.
Criteria:
(1)Subject to subsection (2),
(a)a new liquefied natural gas facility with the design capacity to store ≥ 136 000 m3 of liquefied natural gas, or
(b)any other energy storage facilities for a project with a total design capacity to store one or more energy resources in a quantity that can yield by combustion ≥ 3 PJ of energy.
(2)Development or use of naturally occurring underground reservoirs for the storage of petroleum or natural gas is not reviewable under subsection (1) if those reservoirs are located in the Western Canadian Sedimentary Basin of northeast British Columbia within the map groups and blocks set out in Appendix 2.
Criteria:
(1)Subject to subsections (2) and (3), modification of an existing project if
(a)the existing project, or the project after modification, were it a new project, would meet the criteria set out opposite in Column 2, and
(b)the modification results in an increase in the capability of the project to store one or more energy resources, other than electricity, by a quantity that can yield by combustion ≥ 3 PJ of energy or, for liquefied natural gas, increase by ≥ 136 000 m3.
(2)Replacement of project components solely for maintenance purposes is not reviewable under subsection (1).
(3)Development or use of naturally occurring underground reservoirs for the storage of petroleum or natural gas is not reviewable under subsection (1) if those reservoirs are located in the Western Canadian Sedimentary Basin of northeast British Columbia within the map groups and blocks set out in Appendix 2.
2Oil Refineries.
Criteria:
(1)A new project, including a heavy oil upgrader, with an input capacity of ≥ 10 000 m3/day.
Criteria:
(1)Modification of an existing project that would result in an increase in input capacity of ≥ 50% and total input capacity of ≥ 10 000 m3/day.
3Natural Gas Processing Plants.
Criteria:
(1)A new natural gas processing plant facility that will result in sulphur emissions to the atmosphere of ≥ 2 tonnes/day.
Criteria:
(1)Modification of an existing facility if
(a)the existing facility, or the existing facility after modification, were it a new facility, would meet the criteria set out opposite in Column 2, and
(b)the modification results in an incremental increase in sulphur emissions to the atmosphere of ≥ 2 tonnes/day.
4Transmission Pipelines.
Criteria:
(1)Subject to subsection (2), a new transmission pipeline facility with
(a)a diameter of ≤ 114.3 mm and a length of ≥ 60 km,
(b)a diameter of between 114.3 and 323.9 mm and a length of ≥ 50 km, or
(c)a diameter of > 323.9 mm and a length of ≥ 40 km,
if the land on which the pipeline is built is not alongside and contiguous to an area of land previously developed for a transmission line, transmission pipeline, public highway or railway.
(2)Assessment of a new facility under subsection (1) does not include the dismantling and abandonment phases.
Criteria:
(1)Subject to subsections (2), modification of an existing facility if
(a)the existing facility, or the existing facility after modification, were it a new facility, would meet the criteria set out opposite in Column 2, and
(b)the modification results in
(i)for a facility that when modified will have a diameter of < 114.3 mm, an extension of ≥ 60 km in length on land, in which the modified pipeline is built, that is not alongside and contiguous to an area of land previously developed for a transmission line, transmission pipeline, public highway or railway,
(ii)for a facility that when modified will have a diameter of between 114.3 and 323.9 mm, an extension of ≥ 50 km in length on land, in which the modified pipeline is built, that is not alongside and contiguous to an area of land previously developed for a transmission line, transmission pipeline, public highway or railway
(iii)for a facility that when modified will have a diameter of > 323.9 mm, an extension of ≥ 40 km in length on land, in which the modified pipeline is built, that is not alongside and contiguous to an area of land previously developed for a transmission line, transmission pipeline, public highway or railway.
(2)Assessment of the modification of an existing facility described in subsection (1) does not include the dismantling and abandonment phases.
5Offshore Oil or Gas Facilities.
Criteria:
(1)A new offshore oil or gas facility.
Criteria:
(1)Modification of an existing facility if
(a)the existing facility, or the existing facility after modification, were it a new facility, would meet the criteria set out opposite in Column 2, and
(b)the chief executive assessment officer has determined that the modification has the potential to result in a significant adverse environmental, economic, social, cultural or health effect.

Part 5 — Water Management 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

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
Column 4
Dismantling and Abandonment of Existing Project
1Dams.
Criteria:
(1)Subject to subsection (2), a new dam project that
(a)is ≥ 15 m high, measured in accordance with section 1 (4) of the Dam Safety Regulation, or
(b)under the Water Sustainability Act, will be permitted to impound a reservoir containing ≥ 10 million m3 of water above the natural boundary of the streams that supply the water to the reservoir.
(2)The following are not reviewable under subsection (1):
(a)a dam that is a tailings impoundment constructed and operated solely to serve a single mine;
(b)a dam or reservoir that is associated with a hydroelectric power plant.
Criteria:
(1)Subject to subsection (2), modification of an existing project if
(a)the existing project, or the project after modification, were it a new project, would meet the criteria set out opposite in Column 2, and
(b)the modification results in an increase of the flooded area of the reservoir, as permitted under the Water Sustainability Act, by ≥ 20 ha.
(2)The following are not reviewable under subsection (1):
(a)a dam that is a tailings impoundment constructed and operated solely to serve a single mine;
(b)a dam or reservoir that is associated with a hydroelectric power plant.
Criteria:
(1)Subject to subsection (2), dismantling or abandonment of an existing dam project that is, or was, permitted under the Water Sustainability Act to impound ≥ 10 million m3 of water.
(2)The following are not reviewable under subsection (1):
(a)a dam that is a tailings impoundment constructed and operated solely to serve a single mine;
(b)a dam or reservoir that is associated with a hydroelectric power plant.
2Dikes.
Criteria:
(1)A new dike project that protects from flooding an area of ≥ 10 km2.
Criteria:
(1)Subject to subsection (2), modification of an existing project if
(a)the existing project, or the project after modification, were it a new project, would meet the criteria set out opposite in Column 2, and
(b)the modification results in the raising of the entire length of the dike.
(2)A modification is not reviewable under subsection (1) if the modification
(a)replaces, repairs or improves an existing dike,
(b)is undertaken by a municipality or regional district, and
(c)entails no new land disturbance.
Criteria:
(1)Dismantling or abandonment of an existing project that, if it were a new project, would meet the criteria set out opposite in Column 2.
3Water Diversion Projects.
Criteria:
(1)Subject to subsection (2), a project incorporating new works that are
(a)constructed for the diversion of water, and
(b)designed to divert water at a maximum rate of ≥ 10 million m3/year.
(2)The following are not reviewable under subsection (1):
(a)works for the diversion of water that have been authorized under section 10 of the Water Sustainability Act;
(b)works that are intended solely for the purposes of a tailings pond constructed and operated to serve a single mine;
(c)a water diversion project that is associated with a hydroelectric power plant.
Criteria:
(1)Subject to subsection (2), modification of an existing project if
(a)the existing project, or the project after modification, were it a new project, would meet the criteria set out opposite in Column 2, and
(b)the modification results in an increase of ≥ 35% in the maximum rate per year at which the project is designed to divert water.
(2)The following are not reviewable under subsection (1):
(a)works for the diversion of water that have been authorized under section 10 of the Water Sustainability Act;
(b)works that are intended solely for the purposes of a tailings pond constructed and operated to serve a single mine;
(c)a water diversion project that is associated with a hydroelectric power plant.
Criteria:
(1)Subject to subsection (2), dismantling or abandonment of existing works that, if it were a new project, would meet the criteria set out opposite in Column 2.
(2)The following are not reviewable under subsection (1):
(a)works for the diversion of water that have been authorized under section 10 of the Water Sustainability Act;
(b)works that are intended solely for the purposes of a tailings pond constructed and operated to serve a single mine;
(c)a water diversion project that is associated with a hydroelectric power plant.
4Groundwater Extraction Projects.
Criteria:
(1)Subject to subsection (2), a new project that
(a)consists of the extraction of groundwater from one or more aquifers,
(b)is operated intermittently or continuously for ≥ 1 year, and
(c)is designed to be operated so that groundwater is extracted at a rate of ≥ 75 litres/second.
(2)The following are not reviewable under subsection (1):
(a)a project for the extraction of groundwater solely for the following purposes:
(i)providing groundwater data for an application for an environmental assessment certificate;
(ii)providing groundwater data, if the testing is conducted by or under the supervision of a person registered as a member of the Association of Professional Engineers and Geoscientists of British Columbia with competency in the field of hydrogeology;
(b)a project for the extraction of deep groundwater solely for an oil and gas purpose.
Criteria:
(1)Subject to subsection (2), modification of an existing project if
(a)the existing project, or the project after modification, were it a new project, would meet the criteria set out opposite in Column 2, and
(b)the modification results in
(i)an increase of ≥ 35% over the current extraction rate at which the project has been designed to be operated, or
(ii)an increase of > 75 litres/second over the current extraction rate at which the project has been designed to be operated.
(2)The following are not reviewable under subsection (1):
(a)a project for the extraction of groundwater solely for the following purposes:
(i)providing groundwater data for an application for an environmental assessment certificate;
(ii)providing groundwater data, if the testing is conducted by or under the supervision of a person registered as a member of the Association of Professional Engineers and Geoscientists of British Columbia with competency in the field of hydrogeology;
(b)a project for the extraction of deep groundwater solely for an oil and gas purpose.
5Shoreline Modification Projects.
Criteria:
(1)Subject to subsections (2) and (3), a new project that
(a)results in changes in or about a stream, marine coastline or estuary, and
(b)entails dredging, filling or other direct physical disturbance of
(i)≥ 1 000 m of linear shoreline, or
(ii)≥ 2 ha of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a stream, marine coastline or estuary.
(2)Area flooded is not included in the calculation of area directly disturbed under subsection (1) (b) (ii).
(3)The following are not reviewable under subsection (1):
(a)periodic shoreline cleanup projects;
(b)periodic maintenance dredging of the foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a stream, marine coastline or estuary;
(c)a ferry terminal or marine port project.
Criteria:
(1)Subject to subsection (2), modification of an existing project if
(a)the existing project, or the project after modification, were it a new project, would meet the criteria set out opposite in Column 2, and
(b)the modification results in an increase of ≥ 35% in
(i)the length of linear shoreline that is directly disturbed by dredging, filling or other physical action, or
(ii)the area of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a stream, marine coastline or estuary that is so disturbed.
(2)Area flooded is not included in the calculation of area directly disturbed under subsection (1) (b) (ii).
(3)The following are not reviewable under subsection (1):
(a)periodic shoreline cleanup projects;
(b)periodic maintenance dredging of the foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a stream, marine coastline or estuary;
(c)a ferry terminal or marine port project.
Criteria:
(1)Dismantling or abandonment of an existing shoreline modification project that, if it were a new project, would meet the criteria set out opposite in Column 2.

Part 6 — Waste Disposal Projects

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

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
1Hazardous Waste Facilities
Criteria:
(1)Subject to subsections (2) and (3), a project
(a)for the storage, treatment or disposal of biomedical waste or hazardous waste if the proposal
(i)entails facilities of a type specified under subsection (2), and
(ii)is for
(A)construction of a new facility, or
(B)modification of an existing facility for which the storage, treatment or disposal of biomedical waste or hazardous waste has not previously been permitted under the Environmental Management Act, or
(b)to use hazardous waste at an existing off-site facility whose principal function is not waste management, and that has not previously been permitted to use that type of hazardous waste under the Environmental Management Act, if there will be
(i)off-site use of hazardous waste by combustion or thermal processes, or
(ii)off-site use of hazardous waste other than by combustion or thermal processes if
(A)one type of hazardous waste listed in Column I of Table 1 of Schedule 6 of the Hazardous Waste Regulation, B.C. Reg. 63/88, is to be used and the daily maximum use is ≥ 1 000 times greater than the registration quantity listed in Column II of that table, or
(B)more than one type of hazardous waste listed in Column I of Table 1 of Schedule 6 of the Hazardous Waste Regulation, B.C. Reg. 63/88, is to be used and the cumulative maximum design use is ≥ 100 000 kg/day or ≥ 100 000 litres/day, as appropriate.
(2)Subsection (1) (a) applies to the following types of facilities:
(a)an off-site incinerator or thermal treatment facility, excluding
(i)a thermal treatment facility that uses non-combustion technologies for the disinfection or sterilization of biomedical waste, or
(ii)an incinerator or thermal treatment facility that uses combustion or other related technologies for the treatment or disposal of biomedical waste, and that has a capacity of < 5 tonnes/day;
(b)an off-site secure building or secure landfill;
(c)an off-site treatment facility, other than an incinerator, thermal treatment facility or land treatment facility,
(i)if one type of hazardous waste listed in Column I of Table 1 of Schedule 6 of the Hazardous Waste Regulation, B.C. Reg. 63/88, is to be treated, and the daily maximum design treatment capacity is ≥ 1 000 times greater than the registration quantity listed in Column II of that table, or
(ii)if more than one type of hazardous waste listed in Column I of Table 1 of Schedule 6 of the Hazardous Waste Regulation, B.C. Reg. 63/88, is to be treated, and the cumulative maximum design treatment capacity is ≥ 100 000 kg/day or ≥ 100 000 litres/day, as appropriate.
(3)The following are not reviewable under subsections (1) and (2):
(a)a facility for the treatment of a hazardous waste that does not use or propose to use incineration or thermal treatment if the facility is
(i)a mobile off-site treatment facility, or
(ii)a research and demonstration facility;
(b)a facility for the thermal treatment of drilling mud in a closed-loop unit if the facility is located at
(i)a drilling rig site, or
(ii)a secure landfill;
(c)discharge to an underground formation, in accordance with the Oil and Gas Activities Act, of
(i)produced water, or
(ii)fluids recovered from a well completion or workover;
(d)any treatment authorized by Part 6 of the Hazardous Waste Regulation, B.C. Reg. 63/88.
Criteria:
(1)Subject to subsection (2), modification of an existing hazardous waste facility if
(a)the existing facility, or the facility after modification, were it a new facility, would meet the criteria set out opposite in Column 2, and
(b)the modification results in an increase of ≥ 30% in the total waste discharge from the facility.
(2)The following are not reviewable under subsection (1):
(a)a facility for the treatment of a hazardous waste that does not use or propose to use incineration or thermal treatment if the facility is
(i)a mobile off-site treatment facility, or
(ii)a research and demonstration facility;
(b)a facility for the thermal treatment of drilling mud in a closed-loop unit if the facility is located at
(i)a drilling pad, or
(ii)a secure landfill;
(c)discharge to an underground formation, in accordance with the Oil and Gas Activities Act, of
(i)produced water, or
(ii)fluids recovered from a well completion or workover;
(d)any treatment authorized by Part 6 of the Hazardous Waste Regulation, B.C. Reg. 63/88.

Table 11 — Solid Waste Management Projects

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
1Solid Waste Management Facilities.
Criteria:
(1)A new waste management facility for the treatment or disposal of municipal solid waste or non-hazardous solid waste by the operation of
(a)a landfill with a design capacity of ≥ 250 000 tonnes/year,
(b)a device, other than a device referred to in paragraph (c), that, with or without energy recovery, destroys the waste using high temperatures and that has a design capacity of ≥ 225 tonnes/day, or
(c)a device that, with or without energy recovery, destroys the waste using high temperatures and that is located in the Metro Vancouver Regional District or the Fraser Valley Regional District.
Criteria:
(1)Modification of an existing waste management facility if
(a)the existing facility, or the facility after modification, were it a new waste management facility, would meet the criteria set out in subsection (1) (a), (b) or (c) of Column 2, and
(b)the modification results in an increase of 30% or more of the design capacity of the facility.

Table 12 — Liquid Waste Management Projects

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
1Local Government Liquid Waste Management Facilities.
Criteria:
(1)Subject to subsections (2) and (3), a new waste management facility that is
(a)for the treatment or disposal of municipal liquid waste, and
(b)designed to serve ≥ 10 000 people.
(2)Assessment of a new waste management facility under subsection (1) does not include the dismantling and abandonment phases.
(3)A waste management facility that is a component of a municipal liquid waste management plan approved under the Environmental Management Act is not reviewable under subsection (1).
Criteria:
(1)Subject to subsections (2) and (3), modification of an existing waste management facility if
(a)the existing waste management facility, or the facility after modification, were they a new waste management facility, would meet the criteria set out opposite in Column 2, and
(b)the modification results in an increase of ≥ 30% in the total waste discharge from the waste management facility.
(2)Assessment of the modification of an existing waste management facility described in subsection (1) does not include the dismantling and abandonment phases.
(3)A modification that is a component of a municipal liquid waste management plan approved under the Environmental Management Act is not reviewable under subsection (1).

Part 7 — Transportation 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.

Table 13 — Transportation Projects

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
1Public Highways.
Criteria:
(1)Subject to subsection (2), a new project consisting of ≥ 20 continuous km of paved public highway with ≥ 2 lanes, if the highway is not alongside and contiguous to an area of land previously developed for a transmission line, transmission pipeline, public highway or railway.
(2)Assessment of a new project under subsection (1) does not include the dismantling and abandonment phases.
Criteria:
(1)Subject to subsection (2), modification of an existing facility that results in the addition of ≥ 2 lanes of paved public highway to an existing paved public highway over a continuous distance of ≥ 20 km on land that is not alongside and contiguous to an area of land previously developed for a transmission line, transmission pipeline, public highway or railway.
(2)Assessment of the modification of an existing project described in subsection (1) does not include the dismantling and abandonment phases.
2Railways.
Criteria:
(1)Subject to subsection (2), a new railway project that consists of
(a)≥ 20 continuous km of developed track, if the railway is not alongside and contiguous to an area of land previously developed for a transmission line, transmission pipeline, public highway or railway, or
(b)a rail line designed to accommodate high-speed trains with a design speed of ≥ 200 km/hour.
(2)Assessment of a new project under subsection (1) does not include the dismantling and abandonment phases.
Criteria:
(1)Subject to subsection (2), modification of an existing project that results in
(a)the addition of one or more lines of track to an existing railway over a continuous distance of ≥ 20 km on land that is not alongside and contiguous to an area of land previously developed for a transmission line, transmission pipeline, public highway or railway, or
(b)a railway designed to accommodate high-speed trains with a design speed of ≥ 200 km/hour.
(2)Assessment of the modification of an existing project described in subsection (1) does not include the dismantling and abandonment phases.
3Ferry Terminals.
Criteria:
(1)Subject to subsection (2), a new ferry terminal project
(a)that
(i)serves marine ferry operations, and
(ii)has an outbound annual vehicle throughput capacity of ≥ 500 000 vehicles, or
(b)that
(i)serves either marine or freshwater ferry operations, and
(ii)entails construction of the project by dredging, filling or other direct physical disturbance of
(A)≥ 1 000 m of linear shoreline, or
(B)≥ 2 ha of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a water body.
(2)Assessment of a new project under subsection (1) does not include the dismantling and abandonment phases.
Criteria:
(1)Subject to subsections (2) and (3), modification of an existing project if
(a)the existing project or the project after modification, were it a new project, would meet the criteria set out opposite in Column 2, and
(b)the modification
(i)results in an increase in the outbound annual vehicle throughput capacity of ≥ 35%, or
(ii)entails dredging, filling or other direct physical disturbance of
(A)≥ 1 000 m of linear shoreline, or
(B)≥ 2 ha of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a water body.
(2)Assessment of the modification of an existing project described in subsection (1) does not include the dismantling and abandonment phases.
(3)Periodic maintenance dredging for an existing project is not reviewable under subsection (1).
4Marine Port Projects (other than Ferry Terminals).
Criteria:
(1)Subject to subsection (2), a new marine port project, other than a ferry terminal, if construction of the project entails dredging, filling or other direct physical disturbance of
(a)≥ 1 000 m of linear shoreline, or
(b)≥ 2 ha of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a marine coastline or marine estuary.
(2)Assessment of a new project under subsection (1) does not include the dismantling and abandonment phases.
Criteria:
(1)Subject to subsections (2) and (3), modification of an existing project, other than a ferry terminal, if
(a)the existing project or the project after modification, it they a new project, would meet the criteria set out opposite in Column 2, and
(b)the modification results in dredging, filling or other direct physical disturbance of
(i)≥ 1 000 m of linear shoreline, or
(ii)≥ 2 ha of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a marine coastline or marine estuary.
(2)Assessment of the modification of an existing project described in subsection (1) does not include the dismantling and abandonment phases.
5Airports.
Criteria:
(1)Subject to subsection (2), a new airport project that has a runway ≥ 1 500 m long.
(2)Assessment of a new project under subsection (1) does not include the dismantling and abandonment phases.
Criteria:
(1)Subject to subsection (2), modification of an existing project that results in
(a)installing a new runway ≥ 1 500 m long,
(b)extending an existing runway that is < 1 500 m long by ≥ 1 500 m, or
(c)extending an existing runway that is ≥ 1 500 m long by ≥ 500 m.
(2)Assessment of the modification of an existing project described in subsection (1) does not include the dismantling and abandonment phases.

Part 8 — Tourist Destination Resort Projects

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

Column 1
Project Category
Column 2
New Project
Column 3
Modification of Existing Project
1Resort Developments (other than golf, marina or ski).
Criteria:
(1)Subject to subsection (2), a new project that
(a)is a resort development, with or without associated recreation facilities,
(b)is not a golf resort development, a marina resort development or a ski resort development, and
(c)has ≥ 2 000 bed units.
(2)Assessment of a new project under subsection (1) does not include the dismantling and abandonment phases.
Criteria:
(1)Subject to subsection (2), modification of an existing project if
(a)the existing project, or the existing project after modification, were it a new project, would meet the criteria set out opposite in Column 2, and
(b)the modification results in an increase in the number of bed units at the project by ≥ 2 000.
(2)Assessment of the modification of an existing project described in subsection (1) does not include the dismantling and abandonment phases.
(3)Despite subsection (1), projects that are described in section 1 of the All-Seasons Resort Policy (the "policy"), dated March 28, 2019 and issued by the Ministry of Forest, Lands, Natural Resource Operations and Rural Development, only if the modification results in
(a)an increase in the number of bed units at the project by ≥ 2 000, and
(b)an increase in the total number of bed units by ≥ 50% from what is approved in the Resort Master Plan, as issued under the policy.
2Golf Resorts.
Criteria:
(1)Subject to subsection (2), a new project that
(a)is a golf resort development, and
(b)has a developed area of ≥ 200 ha, which includes
(i)≥ 100 ha of golf courses, and
(ii)≥ 100 ha of area for the clubhouse, hotel, restaurant, parking and ancillary services.
(2)Assessment of a new project under subsection (1) does not include the dismantling and abandonment phases.
Criteria:
(1)Subject to subsection (2), modification of an existing project if
(a)the existing project, or the existing project after modification, were it a new project, would meet the criteria set out opposite in Column 2, and
(b)the modification results in an increase in the developed area of the project by ≥ 200 ha.
(2)Assessment of the modification of an existing project described in subsection (1) does not include the dismantling and abandonment phases.
3Marina Resorts.
Criteria:
(1)Subject to subsection (2), a new project that
(a)is a marina resort development, and
(b)has a marina with ≥ 1 000 m of linear moorage.
(2)Assessment of a new project under subsection (1) does not include the dismantling and abandonment phases.
Criteria:
(1)Subject to subsection (2), modification of an existing project if
(a)the existing project, or the existing project after modification, were it a new project, would meet the criteria set out opposite in Column 2, and
(b)the modification results in an increase in the moorage at the project by ≥ 1 000 linear metres.
(2)Assessment of the modification of an existing project described in subsection (1) does not include the dismantling and abandonment phases.
4Ski Resorts.
Criteria:
(1)Subject to subsection (2), a new project that
(a)is a ski resort development, and
(b)has ≥ 2 000 bed units.
(2)Assessment of a new project under subsection (1) does not include the dismantling and abandonment phases.
Criteria:
(1)Subject to subsection (2), modification of an existing project if
(a)the existing project, or the existing project after modification, were it a new project, would meet the criteria set out opposite in Column 2, and
(b)the modification results in an increase in the number of the bed units at the project by ≥ 2 000.
(2)Assessment of the modification of an existing project described in subsection (1) does not include the dismantling and abandonment phases.
(3)Despite subsection (1), projects that are described in section 1 of the All-Seasons Resort Policy (the "policy"), dated March 28, 2019 and issued by the Ministry of Forest, Lands, Natural Resource Operations and Rural Development, only if the modification results in
(a)an increase in the number of bed units at the project by ≥ 2 000, and
(b)an increase in the total number of bed units by ≥ 50% from what is approved in the Resort Master Plan, as issued under the policy.

Appendix 1

Contaminant Weighting Factors

Table A

ItemColumn 2
Air Contaminant
Column 3
Weighting Factor
1Carbon Dioxide0.00
2Methane0.00
3Ammonia1.00
4Asbestos*1.00/unit
5Carbon Monoxide0.03
6Chlorine and Chlorine Oxides0.67
7Fluorides40.14
8Hydrocarbons1.00
9Hydrogen Chloride0.67
10Metals40.14
11Nitrogen Oxides0.67
12Phenols1.00
13Sulphur and Sulphur Oxides0.78
14Total Particulate1.00
15Total Reduced Sulphur33.45
16Volatile Organic Compounds1.00
17Other contaminants not otherwise specified1.00
*.Units of asbestos are equivalent to 5 cubic metres of air emissions per minute at a concentration of 2 fibres per cubic centimetre.
Rates of discharge for other air contaminants are measured in tonnes.

Table B

ItemColumn 2
Effluent Contaminant
Column 3
Weighting Factor
1Acute Toxicity*1.10/unit
2Ammonia7.53
3Absorbable Organic Halides20.00
4Arsenic20.00
5Biochemical Oxygen Demand1.51
6Chlorine20.00
7Cyanide20.00
8Fluoride7.53
9Metals20.00
10Nitrogen and Nitrates3.01
11Oil and Grease5.02
12Other Petroleum Products5.02
13Other Solids1.00
14Phenols20.00
15Phosphorous and Phosphates7.53
16Sulphates0.29
17Sulphides20.00
18Surfactants5.02
19Suspended Solids1.00
20Other contaminants not otherwise specified1.00
*.Units of acute toxicity must be determined using the following formula:
Units of Acute Toxicity=
Average Daily Flow(100 − LC50)

20

  100

Rates of discharge for other effluent contaminants are measured in tonnes.

Table C

ItemColumn 2
Solid Contaminant
Column 3
Weighting Factor
1Coarse Coal Refuse8.00
2Refuse1.00

Rates of discharge for solid contaminants are measured in tonnes.

Appendix 2

Map Groups and Blocks Contained Within the Western Canadian Sedimentary Basin of Northeast British Columbia

(Table 8, Item 1, Column 2, subsection (2) and Column 3, subsection (3))

Table 4

ItemColumn 2
Map Group(s)
Column 3
Block(s)
193-H-01I, J
293-H-07H, I, J
393-H-08A, B, C, E, F, G, H, I, J, K, L
493-H-09, 15, 16 ALL
593-H-10 A, B, C, E, F, G, H, I, J, K, L
693-H-11H, I, J
793-H-13 H, I, J
893-H-14A, B, C, E, F, G, H, I, J, K, L
993-I-01-03, 05-16 ALL
1093-I-04A, B, C, E, F, G, H, I, J, K, L
1193-J-01I
1293-J-08A, B, F, G, H, I, J, K, L
1393-J-09, 16 ALL
1493-J-10H, I, J
1593-J-15 A, B, C, F, G, H, I, J, K, L
1693-N-16I
1793-O-01, 02, 07-11, 13-16ALL
1893-O-03 A, G, H, I, J
1993-O-05I
2093-O-06 A, B, C, E, F, G, H, I, J, K, L
2193-O-12 A, G, H, I, J, K
2293-P (01-16)ALL
2394-A (01-16) ALL
2494-B (01-16) ALL
2594-G (01-16)ALL
2694-H (01-16)ALL
2794- I (01-16) ALL
2894- J (01-16) ALL
2994-K (01-16)ALL
3094-N (01-16) ALL
3194-O (01-16)ALL
3294-P (01-16)ALL
3394-C-01 A, B, G, H, I, J, K
3494-C-07I
3594-C-08, 09, 15, 16ALL
3694-C-10 A, B, G, H, I, J, K
3794-C-14H, I
3894-E-16 H, I
3994-F-01, 02, 06-11, 13-16ALL
4094-F-03A, B, F, G, H, I, J, K
4194-F-05I
4294-F-12A, B, G, H, I, J, K
4394-L-01A, B, F, G, H, I, J, K, L
4494-L-07A, G, H, I, J, K
4594-L-08-10, 15, 16 ALL
4694-L-11H, I, J
4794-L-13I
4894-L-14 A, B, C, E, F, G, H, I, J, K, L
4994-M-01-03, 05-16ALL
5094-M-04A, G, H, I, J, K
5195-A (01-04)A, B, C, D
5295-B (01-04)A, B, C, D
5395-C (01-04)A, B, C, D
5495-D (01-04)A, B, C, D
55104-P-08I
56104-P-09 A, B, F, G, H, I, J, K, L
57104-P-15 H, I, J
58104-P-16ALL
59105-A-01A, B, C, D
60105-A-02A, B

Appendix 3

Industrial Minerals

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.

[Provisions relevant to the enactment of this regulation: Environmental Assessment Act, S.B.C. 2018, c. 51, s. 9.]