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| B.C. Reg. 246/2019 O.C. 610/2019 | Deposited November 29, 2019 effective December 16, 2019 |
[Last amended April 1, 2020 by B.C. Reg. 66/2020]
| Contents | ||
|---|---|---|
| 1 | Definition | |
| 2 | Fees | |
| 3 | Failure to pay | |
2 (1) Subject to subsections (2) and (4) to (6), the fees set out in Column 2 of the following table, in relation to the services provided or duty performed set out in Column 1, are prescribed to be paid by the applicable proponent.
(2) The fee set out in item 2 of the table is not required to be paid if the chief executive assessment officer recommends the project for exemption under section 16 (2) (b) of the Act.
(3) The chief executive assessment officer may issue an order respecting the time by which a fee under subsection (1) must be paid.
(4) The fee set out in item 1 of the table is not required to be paid by a proponent of a project that is subject to section 2 (1) of the Environmental Assessment Transition Regulation, B.C. Reg. 249/2019, until after April 1, 2020.
(5) The fee required to be paid set out in item 7 of the table is the amount determined by the chief executive assessment officer, which must be within the range set out in Column 2 for that item.
(6) The chief executive assessment officer may waive the requirement that a proponent pay a fee set out in the table after considering the following:
(a) the size, scope and location of the project;
(b) the current condition of the land base on which the project is located;
(c) the potential for significant adverse environmental, economic, social, cultural or health effects of the project;
(d) in relation to the fee set out in item 11, whether the inspection is required as a result of the actions of a person other than the proponent or holder of an environmental assessment certificate or exemption order.
| Item | Column 1 Service or Duty | Column 2 Fee | ||
| 1 | Filing an initial project description under section 13 (1) of the Act | $25 000 | ||
| 2 | Filing a detailed project description under section 15 (1) of the Act | $75 000 | ||
| 3 | Application for an exemption order under section 16 (2) (b) of the Act | $25 000 | ||
| 4 | Application for an environmental assessment under section 27 (1) of the Act | $150 000 | ||
| 5 | Mitigation effectiveness report under section 30 of the Act | $5 000 | ||
| 6 | Application for an extension under section 31 (2) of the Act | $25 000 | ||
| 7 | Amendment fee under section 32 (1) or 32 (5) of the Act | $5 000 — $100 000 | ||
| 8 to 10 | Repealed. [B.C. Reg. 66/2020, Sch. 1, s. 1 (c).] | |||
| 10.1 | Management plan approval required by an environmental assessment certificate | $10 000 | ||
| 10.2 | Management plan review required by an environmental assessment certificate | $5 000 | ||
| 10.3 | Other post-certificate filings required by an environmental assessment certificate | $5 000 | ||
| 11 | Inspection conducted under section 49 of the Act | Under 30 hours | 30 hours to 60 hours | Over 60 hours |
| $0 | $5 000 | $10 000 | ||
| 12 | Transition fee | $150 000 | ||
[am. B.C. Reg. 66/2020, Sch. 1 and Sch. 2.]
3 If a person fails to comply with an order under section 2 (3), the chief executive assessment officer may do one or more of the following:
(a) extend the time for compliance, if satisfied that it is reasonable to do so having regard to the extent of and the reason for the delay;
(b) if the order was made in respect of an application, deem the application to have been withdrawn and refuse to consider the application further;
(c) if the order was not made in respect of an application, refuse to consider a subsequent application made under the Act or to otherwise deal further with the person in respect of a reviewable project until the outstanding fee and all interest owing on it is paid;
(d) take any action permitted under the Act in respect of the failure to comply with an order.
[Provisions relevant to the enactment of this regulation: Environmental Assessment Act, S.B.C. 2018, c. 51, ss. 47 and 77 (2).]
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