1. Environmental Assessment in British Columbia Forum of Federations Conference September 14, 2009

2. BC Environmental Assessment Office Stand alone office created by provincial statute Executive Director appointed by Lieutenant Governor in Council Approximately 55 staff and budget of nearly $10 million Assess the environmental, economic, social, heritage & health effects of reviewable projects 2

3. What is subject to provincial EA in BC? Generally only the largest types of major projects BC Reviewable Project Regulations specify thresholds for projects by sector. ― But reviewable projects can be waived out, and non-reviewable projects can be ordered in Significant differences between provincial and federal EA triggers 3

4. EA is a discrete decision in BC If a proposed project requires a provincial EA, the project cannot be undertaken and no related permits can be issued unless an EA certificate is granted Decision to grant EA certificate is made by two ministers based on recommendations of the Executive Director 4

5. Approved Not Approved Public Comment Period Application Prepared and Submitted Application Evaluated for Completeness Application Review Assessment Report Project Decision by Ministers Certificate Issued -- Project Authorized to Proceed to Permitting Stage No Certificate Issued – Project Cannot Proceed Public Comment Period Information Requirements for Application (draft Terms of Reference) BC Environmental Assessment Process Pre-Application Stage (no timeline)(30 days) Application Review Stage (180 days) Decision (45 days) Working GroupReview Scope and Process for Review Determined Project Description Determination that Project is Reviewable FIRST NATION CONSULTATION 5

6. How does EAO do its analysis? Through consultation processes and the working group, most issues are resolved by consensus Where concerns are not resolved to satisfaction of interested parties, EAO assesses whether residual effects are considered significant based on a test similar to that used under CEAA If significant residual adverse effects are found, the Executive Director considers whether they should be considered justified In practice, projects that would likely be found to have significant adverse effects despite mitigation measures and commitments often do not proceed to the end of the EA process 6

7. Cumulative impacts Cumulative impacts are addressed through: ― Consideration of approved land use plans that designate the most appropriate activities on the land base; ― Comprehensive baseline studies which set out the current conditions and thereby factor in effects of prior development; ― Consideration of potential overlapping impacts that may be occurring due to other developments, even if not directly related to the proposed project; and, ― Consideration of future developments that are reasonable foreseeable and sufficiently certain to proceed 7

8. 8 (50)(63)(71)(42) (50)(63)(71)(86)(88) (# of Projects)

9. 9 Anticipated capital investment of projects for which EA certificate has been issued (9)(3)(11)(5)(13) (# of Projects)

10. 10

11. Projects in EA process 11

12. Differences between BC and federal EA BC EAFederal EA Single, specialized agency (EAO) conducts all EAs Federal EA responsibility allocated among numerous agencies (self- assessment model); CEAA coordinates All EAs typically follow the same process Three types of EAs – screening level, comprehensive study and review panel EAO can recommend a project be certified if significant adverse effects exist but are considered justified Projects with significant adverse effects must be referred to a mediator or review panel Review panels rarely usedReview panels used in some cases Legislated timelinesNo legislated timelines 12

13. Strong relationship and cooperation between EAO and CEAA Canada-BC EA Harmonization Agreement –Commits to working cooperatively and using provincial timelines Various administrative and operational agreements – Commitments regarding integrated service delivery – A commitment to explore use of equivalency agreements with BC and CEA Act delegation to EAO (pilot) –Commitments on coordinating First Nation consultation 13

14. Strong relationship and cooperation between EAO and CEAA (cont.) Joint work plan for each project –Integrates federal and provincial steps, tracks progress and flags missed deadlines Joint EAO-CEAA training program –Teaches new staff about the functions of each agency and specifically about harmonization activities EAO-CEAA staff exchange program Joint chairs of stakeholder Advisory Committee 14

15. New approaches being explored Delegation ― Implementation agreement commits to identifying a pilot project for CEAA delegation; would be the first time this federal power is used Equivalency agreements ― BC has the authority to enter into agreements to accept federal government’s EA as “equivalent” (case by case and class by class) ― BC has used this power for a terminal expansion and for the reviews of interprovincial pipelines ― BC is advocating for federal legislative change to give the federal government a reciprocal power 15

16. First Nations Consultation Opportunities for First Nations include one or more of the following ― Participation on Working Group ― Consultation by proponent ― Government-to-government consultation by EAO ― Opportunity to include First Nations’ submission in the package of materials provided to Ministers ― Capacity funding EAO has not been the subject of a successful judicial review to date 16

17. Other EAO initiatives Fairness and Service Code ― Developed to give proponents, First Nations, and the public an understanding of what can be expected during a provincial environmental assessment and EAO commitments to all interested parties E-Guide ― Comprehensive desktop tool linking all relevant legislation, policy, templates and sample documentation to aid in the delivery of an EA Common Issues and Commitments Project ― Looking at ways to eliminate duplication and use common analysis/commitments where appropriate 17

18. Robin Junger Associate Deputy Minister (250) 356-7475 Robin.Junger@gov.bc.ca www.eao.gov.bc.ca