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British Columbia Provincial Environmental Review (9-BC-a)

Information current as of 2022
In British Columbia, a developer may need an Environmental Assessment Certificate from the British Columbia Ministry of Environment and Climate Change Strategy (Ministry of Environment) and the British Columbia Ministry of Energy, Mines, & Petroleum (Ministry of Energy) if the project is subject to review pursuant to the Environmental Assessment Act, S.B.C. 2018, c. 51. An Environmental Assessment Certificate is required to:
  • Undertake or carry on any activity that is a reviewable project under the Environmental Assessment Act; or
  • Construct, operate, modify, dismantle or abandon all or part of facilities of a reviewable project.

Environmental Assessment Act, R.S.B.C. 2018, c. 51, s. 6.

A bulk transmission project is subject to environmental review pursuant to the Environmental Assessment Act, R.S.B.C. 2018, c. 51 if:

  • The Ministry of Environment designates the project as reviewable. Environmental Assessment Act, R.S.B.C. 2018, c. 51, s. 11) ;
  • The project proponent (developer) requests the project be reviewed and the Ministry of Environment’s Environmental Assessment Office approves. Environmental Assessment Act, R.S.B.C. 2018, c. 51, s. 12);
  • The project is a new transmission line of 345 kV or more and 40 kilometers or more in length on a new right-of-way;
  • The project is a modification of an existing transmission line of 345 kV or more and 40 kilometers or more in length on an existing right-of-way project that results in:
    • the rebuilding of all or part of a facility, the replacement of existing towers and a rebuilt facility 345 kV or more. A facility is one or more physical works or structures that have been or will be constructed as part of a project.
    • the addition of one or more electric transmission lines of 345 kV or more within an existing right-of-way;
    • the construction of a new transmission line of any size and 60 km or more in length on a new right of way; or
    • the construction of an extension to a facility of 345 kV or more.

British Columbia – Regulation 67/2020, Reviewable Projects Regulation.

Under the Environmental Assessment Act, R.S.B.C. 2018, c. 51 two ministers are responsible for making the decision on whether or not to issue an Environmental Assessment Certificate. The first minister is the Minister responsible for the Environmental Assessment Act (the Minister of Environment and Climate Change Strategy). The other is the “responsible minister,” who is the minister, through their Cabinet position, which is responsible for the activities in a particular sector – in this case for a bulk transmission project the “responsible minister” would be the minister of the Ministry of Energy, Mines and Petroleum Resources. Environmental Assessment Act, R.S.B.C. 2018, c. 51.

The Ministry of Environment and The Environmental Assessment Office review bulk transmission projects pursuant to British Columbia – Environmental Assessment Act, S.B.C. 2018 c. 51 and British Columbia – Regulation 67/2020, Reviewable Projects Regulation.



Provincial Environmental Review Process


9-BC-a.1 – Consult with the Environmental Assessment Office (EAO) (Optional)

The Project proponent may arrange a consultation with the Environmental Assessment Office (EAO) to present the proposed project and to share at least one draft of its documentation with the EAO. Early Engagement Policy p. 6. The EAO highly recommends this initial consultation, but it is not required by law.


9-BC-a.2 –Initial Project Description (IPD)

The developer must submit an Initial Project Description (IPD) to the EAO. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 13(1). The IPD must contain enough information to allow EAO to confirm if the project requires an environmental assessment or whether an exemption may apply. The developer should follow guidelines for an IPD established in the Early Engagement Policy pp. 19-24 and include any additional information required for consideration of a Request (to be discussed with EAO).

Note: For proposed projects expected to require a federal environmental assessment, the Canadian Environmental Assessment Agency also requires a project description. Developers should consult the federal Guide to Preparing a Description of a Designated Project under the Canadian Environmental Assessment Act, 2012 for more information. Usually a single project description can be developed that will meet the requirements of both EAO and the Canadian Environmental Assessment Agency.


9-BC-a.3 to 9-BC-a.4 – Review IPD for Completeness

The EAO will review the IPD for technical and administrative completeness.

9-BC-a.5 to 9-BC-a.6 – Review IPD for Approval

The EAO will review the IPD for approval within ten days after submission. The EAO may approve the IPD or require changes to the materials to conform with the guidelines of the Early Engagement Policy. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 13(3); Early Engagement Policy p. 6.

The acceptance of the IPD by the EAO marks the start of the Early Engagement Phase of the Environmental Assessment Process, during which the developer and the EAO must conduct public outreach and engagement with stakeholders. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 13(4); Early Engagement Policy p. 7.

9-BC-a.7 to 9-BC-a.8 – Engage with Indigenous Nations, Other Government Agencies, and the Public

The EAO and the developer must engage with relevant Indigenous Nations, other government agencies, and the public through transparent and effective engagement activities, which may include:

  • Information sharing;
  • Public open houses:
  • Workshops & community presentations; and
  • Direct stakeholder engagement. Early Engagement Policy p. 7.

In addition, the EAO will notify all Indigenous Nations within 30 days whose interests may reasonably be expected to be affected by the project, which could include an Indigenous Nation whose territory is close to the project site or who may be impacted by the direct or indirect effects of the project. Early Engagement Policy p. 7.

9-BC-a.9 – Comment on IPD (Optional)

Members of the public may submit comments on the IPD during the public comment window, which must be open for a minimum of 30 days. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 13(4). The developer must respond to all public comments on the IPD unless otherwise directed by the EAO. Early Engagement Policy p. 11.

9-BC-a.10 – File Notice of Intent to Join as a Participating Indigenous Nation (If Applicable)

An Indigenous Nation may file a notice of intent by email or letter with the EOA to become a participating Indigenous Nation in the project within 80 days of the IPD’s acceptance by the EAO. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 14(1).

Participating Indigenous Nations may participate in the EA and are entitled to capacity funding under the Environmental Assessment Act, S.B.C. 2018, c. 51. Additionally, Participating Indigenous Nations must consent to the Assessment at certain points in the process, and are afforded a facilitated dispute process under the Act. The notice to participate should provide a description of the Nations’ interests and how their interests could be affected by the project. Early Engagement Policy p. 13.

9-BC-a.11 to 9-BC-a.12 – Consider request to become a Participating Indigenous Nation

The EAO must approve or deny the request to become a Participating Indigenous Nation. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 14. Factors for consideration include:

  • Whether the entity meets legal definition of Indigenous Nation under Canadian Law;
  • Whether the Indigenous nation has a governance role in the area affected by the project; and
  • There is a reasonable possibility that the Indigenous nation or its rights will be adversely affected by the project.

Early Engagement Policy p. 14.

The EAO must provide the Indigenous Nation with a notice informing the Indigenous Nation whether it has determined that the Indigenous nation could reasonably be affected by the project. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 14(3). If so, the Nation may join as a Participating Indigenous Nation.

9-BC-a.13 – Summary of Engagement

The EAO must provide the developer with a Summary of Engagement 90 days after the acceptance of the IPD. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 13(5). The Summary of Engagement contains a list of confirmed participating Indigenous Nations (if any) and a compilation of public comments received to that point. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 13(5).


9-BC-a.14 – Form Technical Advisory Committee (TAC)

The EAO must form the Technical Advisory Committee 90 days after acceptance of the Developer’s IPD. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 21; Early Engagement Policy p. 7. The TAC advises the EAO and Participating Indigenous nations on Technical matters related to the assessment, and reviews the developer’s application for an EA.

If there are any participating Indigenous Nations, the EAO must invite those nations to be on the technical advisory committee. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 21(3).

9-BC-a.15 – Submit Detailed Project Description (DPD)

The proponent must submit a Detailed Project Description (DPD) following the EAO’s summary of engagement. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 15. The DPD is a document that details project components and activities and the potential effects of those activities. At a minimum, the DPD should:

  • Identify the key issues and concerns related to the project;
  • Discuss with concerns have been resolved through early engagement (if any) and which will need further work during the EA;
  • Provide a summary of potential positive and negative effects of the project;
  • Describe the outcomes of engagement undertaken to date; and
  • Identify how comments received on the IPD have been considered.

Early Engagement Policy p. 30.

In addition, the DPD must discuss any updates to information initially submitted in the IPD, which include:

  • Executive Summary
  • General Information and Contacts
  • Purpose and Rationale
  • Legislative and Regulatory Context
  • Project Status and History
  • Project Timing
  • Project Location, Activities, and Components;
  • Maps and Shapefiles;
  • Indigenous Nation Interests; and
  • Biophysical Environment. Early Engagement Policy p. 30.

9-BC-a.16 – Develop Application Information Requirements

The developer must develop Application Information Requirements for the EA application. The application information requirements are guidelines that specify what information is required in the assessment, who is responsible for collecting that information, and may include the methods by which that information is to be collected in the developer’s application for an EA certificate. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 19(c).

Application Information Requirements are customizable for each project and are shaped by the project’s unique circumstances as well as feedback from the public and participating indigenous nations during the early engagement phase of the process. Process Planning Policy p. 13;

While the application information requirements are not relevant until after the EAO has made the readiness decision, the EAO recommends the submission of the Application Information Requirements at the time that the DPD is submitted to ensure that sufficient time is allotted in the next phase of the process. Process Planning Policy p. 13.

9-BC-a.17 to 9-BC-a.18 – Review DPD for Completeness

The EAO will review the DPD for technical and administrative completeness. A DPD that is incomplete will be returned to the developer at the readiness decision stage for revision. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 16(2). A DPD that is missing required information regarding Participating Indigenous Nations may lead to delays or rejection.

9-BC-a.19 – Make Readiness Decision

The EAO and participating Indigenous nations will make a readiness decision for the project once the DPD has been submitted. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 16(2). The readiness decision is the result of consensus building between the EAO and any participating Indigenous nation. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 16(1). If the DPD is incomplete or insufficiently detailed to make a determination, the EAO may require the developer to revise its DPD in order to assess its potential effects. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 16(2)(a). The following outcomes may result from the decision.

9-BC-a.20 to 9-BC-a.22 – Does the EAO Recommend Project Termination?

The EAO may recommend that the Minister order the project terminated if it considers that the proposed project will have extraordinarily adverse effects on the general environment, on an Indigenous nation, or on a protected area. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 16(2)(c). Additionally, the EAO may recommend termination if another minister advises that the project is clearly incompatible with a government policy or if the project is substantially the same as a pre-existing project that was terminated. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 16(2)(c).

The Minister must consider the project in light of the purposes of the Act in promoting sustainability by protecting the environment and promoting a sound economy, while also supporting reconciliation with Indigenous peoples in British Columbia. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 17(2).

In addition, the Minister must hold a hearing for the developer to be heard before making the decision to terminate the project. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 17(3).

9-BC-a.23 – Is the Project a Candidate for an Exemption?

The EAO may consider a reviewable project and determine that it will not have a significant adverse environmental, economic, social, cultural or health effects, or serious effects on an indigenous nation, or where any of those effects may be mitigated through practical means. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 16(2)(b). In such instances, the EAO may refer the project to the minister of Environment and Climate Change Strategy with a recommendation that the project be exempted from requiring an EAC.Environmental Assessment Act, S.B.C. 2018, c. 51 s. 16(2)(b).

In making the determination for a referral, the EAO will consider:

  • Whether the plans for the project are sufficiently developed that potential adverse effects can actually be determined;
  • The current conditions that may be adversely impacted by the project, including those impacts due to cumulative effects;
  • The existence of practical mitigation measures and the likelihood that these measures will reduce the possibility of adverse impacts;
  • Whether the project will rely on existing infrastructure and facilities;
  • Whether the project area has been subject to past activity that may be conducive to further activities similar to the project;
  • Whether there are other regulatory (such as permitting) processes through which appropriate mitigation measures would be required; and
  • Whether there are issues or concerns that have been identified by participating Indigenous Nations or the Public and what the developer has proposed to mitigate these concerns. Certificate Exemption Policy p. 6.

The developer is encouraged to include information regarding the above consideration factors in its IPD and DPD to the greatest extent possible.

9-BC-a.24 to 9-BC-a.27 – Does the EAO Refer the Project for Exemption?

The EAO may refer the project to the minister of Environment and Climate Change Strategy with a recommendation that the project be exempted from requiring an EAC. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 16(2)(B). If the EAO refers the project, it must submit a Certificate Exemption Report. The Certificate Exemption Report includes the following details:

  • Whether the project will have significant adverse effects on an Indigenous nation in light of practical mitigation efforts that exist;
  • Results of public engagement;
  • Whether there are any applicable regional or strategic assessments ;
  • Consistency with any land use plan of the government or Indigenous Nation (if relevant to the project);
  • Whether another assessment of the project has been or will be conducted;
  • Whether the Indigenous nation has provided consent or not to the exemption;
  • Whether an arrangement has been reached with any participating Indigenous nation regarding the potential effects of the project.

Environmental Assessment Act, S.B.C. 2018, c. 51 s. 16(4); Certificate Exemption Policy p. 6.

The Minister must approve or deny the exemption after receiving the Certificate Exemption Report from the EAO. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 17(1)(B). In making the decision, the Minister must consider the project in light of the purposes of the Act in promoting sustainability by protecting the environment and promoting a sound economy, while also supporting reconciliation with Indigenous peoples in British Columbia.

If the certificate exemption is granted, the Minister will issue a 17(1)(b) order, which includes the exempted project description, the conditions of the exemption (if any), and the reasons for the decision. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 17(1)(b).

9-BC-a.28 to 9-BC-a.29 – Proceed to Environmental Assessment (EA)

The EAO will proceed to the EA if the EAO neither requires revisions to the DPD nor refers the project for termination or exemption. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 18(1); Process Planning Policy p. 6. The EAO will publish a notice of decision that addresses consensus seeking with participating Indigenous nations, identifies key issues to be addressed in the assessment, and provides reasons for the decision. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 18(2).

9-BC-a.30 to 9-BC-a.32 – Review Application Information Requirements For Approval

The EAO will consider the developer’s Application Information Requirements for approval after consulting with the Technical Advisory Committee and seeking consensus with any participating Indigenous nations within 120 days following the publication of the notice of decision. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 19(1). The EAO will also work with the developer to ensure that revisions to the Information Requirements occur within the allotted time frame. Process Planning Policy p. 13.

9-BC-a.33 – Draft Process Order

The EAO will draft a process order once it has approved the developer’s Application Information requirements. The process order details what information must be provided in the EA, how the information must be gathered, who must be involved in the EA, and the means by which those parties must be engaged, and the timing of each subsequent phase. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 19(2).

The process order consists of a main body detailing the project background, the scope of the project and the scope of the assessment, any participating indigenous nations, and any other indigenous nations that may require consultation. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 19(2)(a).

The process order also contains an assessment plan, customized for each project, detailing the timeframes and expectations for the application development and review as well as the effects assessment. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 19(2)(b).

If a participating Indigenous Nation has indicated an intent to complete an assessment of the project, the process order will also detail the scope of that assessment and the deadline for completion by the participating Indigenous nation. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 19(4).

Finally, the process will incorporate the application information requirements proposed by the developer and accepted by the EAO with consensus from participating indigenous nations, if applicable. Process Planning Policy p. 10.

9-BC-a.34 – Submit Comments on Draft Process Order (Optional)

Members of the public may submit comments on the draft process order during a window of not less than 30 days. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 19(5).

9-BC-a.35 – Publish Process Order

The EAO will publish the Final Draft Process Order following the close of the comment period and post the process order (including the assessment plan and application information requirements) online on its Electronic Project Information Centre (e-PIC). Process Planning Policy p. 7.

9-BC-a.36 to 9-BC-a.37– Develop Application

The developer must develop the Application for an EA Certificate following the publication of the Process Order. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 27(1). The specific contents of the Application are determined by the Process Order. Application development may proceed according to the developer’s timelines, with a maximum completion date of three years from the publication of the Process Order.

After the EAO issues the Application Information Requirements, the developer proceeds with completing the studies and compiling the information outlined in the application requirements.

9-BC-a.38 to 9-BC-a.39 – Review Application for Completeness

EAO reviews the Application for administrative and technical completeness. The EAO assesses the adequacy of the proponent’s plans for engaging with First Nations and for public consultation. If the Application does not contain all the information set out in application information requirements, the EAO cannot accept it. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 27(4). The EAO has a maximum of 180 days to complete its screening and must involve the technical advisory Committee and must seek consensus with any Participating Indigenous Nations. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 27(2). If the EAO identifies any deficiencies in the Application, the developer must address them and then revise and resubmit the Application. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 27(2)(B). In those situations where there are small errors of omission, these changes can often be completed within the 30-day period, while in other cases the developer may have to collect additional information and resubmit the Application for evaluation.

9-BC-a.40 to 9-BC-a.43 – Publish Notice of Application

Once EAO accepts the Application as complete, EAO posts it on the e-PIC website so members of the pubic and interested parties can review the Application. The Application is also placed in local libraries near the proposed project’s location.

A short time after the Application is placed on the e-PIC website, the EAO initiates a public comment period, typically between 45 to 60 days. One or more EAO-led open houses are held during the comment period, typically in the same communities where a public open house was previously held on the Application information requirements. During these open houses, members of the public have an opportunity to review the Application, provide comments, and ask questions of the EAO and the proponent. It should be noted that while open houses are held in communities in proximity to the proposed project, comments are invited and received from all interested parties and individuals throughout the province.

Written comments that are received during the public comment period, whether through the EAO website, faxed to the EAO office, or mailed, are shared with the proponent and posted on the e-PIC website. The EAO does not post verbal comments received at open houses nor the proceedings from these events. As with the Application Information Requirements stage, the developer must ensure it records all the comments from the public, agencies, and Indigenous Nations (participating or otherwise) in tracking tables. The developer must include in this table its proposed response to each issue raised, which may involve clarifications of information in the Application or further commitments that the proponent plans to take to address the issues or concerns raised. The EAO typically requires this tracking table within two to three weeks of the public comment period closing.

EAO must review the Application for approval referral within 180 days of receiving a complete Application. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 27(2).

During the 180-day Application review stage, the Technical Advisory Committee plays a key role. Specifically, the EAO will arrange and chair working group meetings and technical sub-group meetings to deal with specific issues (e.g., fisheries, water quality, etc.) as necessary. The developer attends the meetings, where appropriate, to discuss substantive issues. In this stage of the process, EAO staff work to facilitate consensus among the Technical Advisory Committee, including Participating Indigenous Nations and the proponent on issues or concerns that have been identified by the Technical Committee, or the Participating Indigenous Nations, which might include:

  • Discussion and information exchange,
  • The development or modifications of proponent commitments, and
  • Potential modifications to the proposed project itself.

EAO staff also seek to ensure that the EAO has the benefit of the Technical Advisory Committee’s expertise and perspective to help inform its assessment of potential adverse effects for any issues for which consensus is not achieved between the EAO and the developer.

While the EAO must seek consensus with participating Indigenous Nations, EAO will also engage in separate consultations with First Nations in cases where a First Nation declines to participate on a project or where the EAO otherwise determines that such consultation should be undertaken. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 27(5).

9-BC-a.44 to 9-BC-a.45 – Conduct Effects Assessment

The EAO must conduct an Effects Assessment of the project following the acceptance of the Application, in conjunction with any participating Indigenous nations, the Technical Advisory Committee, and the developer Environmental Assessment Act, S.B.C. 2018, c. 51 s. 28(1). The effects assessment details the impact of the project on the environment, with a particular focus on issues that have been identified in the DPD and the process order, and will also investigate the adequacy of proposed mitigation and enhancement methods. Additionally, the assessment will discuss alternatives to the proposed project. Effects Assessment Policy p. 33.

If a Participating Indigenous nation has elected to undertake an assessment of the project’s effects on the nation or its rights, that assessment must be conducted and completed within 150 days after the acceptance of the application.

9-BC-a.46 – Draft Assessment Report

The EAO begins drafting the Assessment Report during the 180-day review period. The report documents the assessment’s findings, including the extent to which concerns have been addressed and whether any issues remain outstanding. The EAO shares its Draft Assessment Report with the developer, and the TAC. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 28(2)(a).

A participating Indigenous Nation’s assessment (if any) is also incorporated in the draft assessment report.

9-BC-a.47 to 9-BC-a.51 – Draft Referral Package

The EAO must draft a referral package that consists of the Draft Assessment Report, the Application, and a draft Environmental Assessment Certificate that details the conditions of the project and proposed conditions (if any). Environmental Assessment Act, S.B.C. 2018, c. 51 s. 28(2)(a).

The EAO must allow public comment on the draft referral package for at least 30 days. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 28(2)(b). During this time, the EAO must also seek consensus with participating Indigenous nations as to the final recommendation on the issuance of the Environmental Assessment Certificate. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 28(3). The Indigenous nation may issue a notice of consent or a lack of consent with the EAO’s proposed recommendation that will be included in the package sent to the Ministers for approval. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 29(2)(c).

The referral package is finalized following the close of the public comment period and consensus is achieved.

9-BC-a.52 – Submit Material to Ministers

EAO must submit the finalized referral package to the Minister of Environment and Climate Change Strategy and the Minister of Energy, Mines and Petroleum Resources within 150 days from the acceptance of the application. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 29(1), (2). The Chief Executive Assessment Officer must also transmit the recommendation whether or not to issue an Environmental Assessment Certificate with justifications for that decision. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 29(2)(b).

9-BC-a.53 to 9-BC-a.59 – Review Referral Package for Approval

After the responsible ministers receive the referral package, they have 30 days to decide on the Application. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 29(4)(c). They must consider the Assessment Report and the documents that accompany it, and they may also consider any other matters they determine are relevant to the public interest when they make their decision. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 29(4).

If the Participating Indigenous nation did not consent to the recommendation of the EAO as to the issuance of the EAC, the ministers must offer to meet with the nation(s) that withheld consent before deciding. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 29(5). If the offer is accepted within three days, the Ministers must hold a meeting to seek consensus and give notice of that meeting to the developer. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 29(6). If the Indigenous nation declines the offer, the Ministers may proceed without the meeting.

The Ministers may make any of the three following decisions

Once the responsible ministers make a decision, the EAO notifies the proponent, government agencies (including provincial permitting agencies), and First Nations of the decision. If the minister’s decision is contrary to the consent or lack of consent made by the participating Indigenous Nation, written justification of the decision must be included. Environmental Assessment Act, S.B.C. 2018, c. 51 s. 29(7).

In accordance with the regulations, the EAO posts the responsible ministers’ decision, along with the Assessment Report, the Executive Director’s reasons and recommendations, and the Environmental Assessment Certificate, if issued, on e-PIC. The EAO also posts a notice on its internet homepage under the “News” section.

9-BC-a.60 – Petition for Judicial Review (Optional)

A developer may petition for judicial review by the Appeal Court of British Columbia. Judicial Review Procedure Act, R.S.B.C. 1996, c. 241, s. 2. The Court has discretion to review the petition or not. If the Court finds procedural unfairness, abuses of authority, or unreasonable findings, then it may invalidate the decision and/or remand the matter to the Ministry with instructions for a rehearing. Judicial Review Procedure Act, R.S.B.C. 1996, c. 241, ss. 5, 7.

The Court has limited ability to review administrative decisions. It cannot set aside a finding of fact “unless there is no evidence to support it or if, in light of all the evidence, the finding is otherwise unreasonable.” Administrative Tribunals Act, S.B.C. 2004, c. 45, s. 59. The Court cannot set aside discretionary decisions unless they are “patently unreasonable.” For example, it could not overturn a decision because it did not prefer the outcome, but it could overrule a decision “exercised arbitrarily or in bad faith.” Administrative Tribunals Act, S.B.C. 2004, c. 45, s. 59.


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Contact Information






Edit British Columbia Ministry of Energy, Mines, & Petroleum
Government Communications & Public Engagement 250-952-0628 Visit Website


Edit British Columbia Ministry of Environment and Climate Change Strategy
Deputy Minister 250 387-9886 Visit Website


Edit British Columbia Environmental Assessment Office
Environmental Assessment Office 250 356-6448 eaoinfo@govabbazabbabcabbazabbaca


Edit Canadian Environmental Assessment Agency
Impact Assessment Agency 613-957-0700 Visit Website

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