Copyright (c) Queen's Printer,
Victoria, British Columbia, Canada |
This is not the official version. |
| Important Information (disclaimer and copyright information) |
|
B.C. Reg. 370/2002
O.C. 1156/2002 |
Deposited December 19, 2002
effective December 30, 2002 |
Environmental Assessment Act
REVIEWABLE PROJECTS REGULATION
[includes amendments up to B.C.
Reg. 14/2006, February 10, 2006]
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 facility or a dismantling and abandonment of an existing facility, means whichever of Tables 1 to 15, set out in this regulation, lists in Column 1 the category of facility within which the new or existing facility fits;
"CWF" means the contaminant weighting factor set out in Appendix 1 for a permitted contaminant;
"existing facility" means a constructed or substantially constructed facility, whether or not operating, but does not include a facility 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;
"natural boundary" has the same meaning as in the Land Act;
"new facility" means a proposed facility, or a facility for which construction has begun but which has not started regular operations;
"SIC code" means the code assigned to a category of projects under the "Standard Industrial Classification", 1980, Fourth Printing March 1989, published by the Minister of Supply and Services (Canada);
"stream" has the same meaning as in the Water Act;
"submerged land" means land that lies below the ordinary low water mark of a stream, marine coast line 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
facility is the quantity of waste that is permitted under the Environmental
Management Act to be discharged from the facility.
(2) The total waste discharge for a facility 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.
[am. B.C. Reg. 30/2005, s. 1.]
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 facility 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 proceed, the time when the new project or the modification must meet the criteria is by the time the construction is completed.
What assessment of construction includes
4 (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
5 In this Part:
"integrated paper or paperboard manufacturing" means a plant that produces pulp as part of the process for producing paper or paperboard;
"non-integrated paper or paperboard manufacturing" 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 6 (1);
"threshold B" means the criteria described in section 6 (2);
"threshold C" means the criteria described in section 6 (3);
"threshold D" means the criteria described in section 6 (4).
Criteria for proposed modifications of industrial projects
6 (1) In 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.
(iii) Repealed. [B.C.
Reg. 14/2006, s. (b).]
(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%.
[am. B.C. Reg. 14/2006.]
Table 1 — Organic and Inorganic Chemical Industry
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Industrial Inorganic Chemical Industries not elsewhere classified — SIC code 3711 |
| 2 |
Industrial Organic Chemical Industries not elsewhere classified — SIC code 3712 |
| 3 |
Chemical Fertilizer and Fertilizer Materials Industry — SIC code 3721 |
| 4 |
Mixed Fertilizer Industry — SIC code 3722 |
| 5 |
Other Agricultural Chemical Industries — SIC code 3729 |
| 6 |
Plastic and Synthetic Resin Industry — SIC code 3731 |
| 7 |
Paint and Varnish Industry — SIC code 3751 |
| 8 |
Other Chemical Products Industries not elsewhere classified — SIC code 3799 |
|
| 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 (Canada) as "Explosives", "Flammable Solids", "Corrosives", "Poisonous (toxic) and Infectious Substances" or "Oxidizing Substances and 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 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Ferro-alloys Industry — SIC code 2911 |
| 2 |
Other Primary Steel Industries — SIC code 2919 |
| 3 |
Primary Production of Aluminum Industry — SIC code 2951 |
| 4 |
Other Primary Smelting & Refining of Non-Ferrous Metal Industries — SIC code 2959 |
|
| 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 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Hydraulic Cement Industry — SIC code 3521 |
| 2 |
Primary Glass and Glass Containers Industry — SIC code 3561 |
| 3 |
Lime Industry — SIC code 3581 |
|
| 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. |
|
| 4 |
Asbestos Products Industry — SIC code 3592 |
|
| Criteria: |
| (2) |
A new manufacturing facility, regardless of size. |
|
| Criteria: |
| (2) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, or |
| |
(c) |
Threshold D. |
|
Table 4 — Forest Products Industries
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Pulp manufacturing facility in one of the following SIC codes: |
| |
(a) |
Pulp Industry — SIC code 2711; |
| |
(b) |
Newsprint Industry — SIC code 2712; |
| |
(c) |
Paperboard Industry — SIC code 2713; |
| |
(d) |
Other Paper Industries — SIC code 2719. |
|
| 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 creation of a new paper or paperboard manufacturing capability with a production capacity of > 250 000 tonnes/year of paper or paperboard. |
|
| 2 |
Integrated Paper or Paperboard manufacturing facility in one of the following SIC codes: |
| |
(a) |
Pulp Industry — SIC code 2711; |
| |
(b) |
Newsprint Industry — SIC code 2712; |
| |
(c) |
Paperboard Industry — SIC code 2713; |
| |
(d) |
Other Paper Industries — SIC code 2719. |
|
| 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. |
|
| 3 |
Non-integrated Paper and Paperboard manufacturing facility in one of the following SIC codes: |
| |
(a) |
Pulp Industry — SIC code 2711; |
| |
(b) |
Newsprint Industry — SIC code 2712; |
| |
(c) |
Paperboard Industry — SIC code 2713; |
| |
(d) |
Other Paper Industries — SIC code 2719. |
|
| 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. |
|
|
|
| Criteria: |
| (1) |
A new facility, regardless of size. |
|
| Criteria: |
| (1) |
Modification of an existing facility that meets Threshold A. |
|
| 5 |
Wood Preservation Industry — SIC code 2591 |
|
| 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. |
|
| 6 |
Building Board Industry — SIC code 2714 — excluding medium-density fibreboard |
|
| 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. |
|
| 7 |
Sawmill and Planing Mill Products Industry (except shingles and shakes) — SIC code 2512 |
|
| 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. |
|
| 8 |
Hardwood Veneer and Plywood Industry — SIC code 2521 |
| 9 |
Softwood Veneer and Plywood Industry — SIC code 2522 |
|
| 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. |
|
| 10 |
Particle Board Industry — SIC code 2592 |
| 11 |
Wafer Board Industry — SIC code 2593 |
| 12 |
Medium-density Fibreboard plants |
|
| 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 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Pharmaceutical and Medicine Industry — SIC code 3741 |
|
| 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. |
|
| 2 |
Man-made Fibre and Filament Yarn Industry — SIC code 1811 |
| 3 |
Contract Textile Dyeing and Finishing Industry — SIC code 1992 |
|
| Criteria: |
| (1) |
A new manufacturing facility with aproduction 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. |
|
| 4 |
Tire and Tube Industry — SIC code 1511 |
|
| Criteria: |
| (1) |
A new facility, regardless of size. |
|
| Criteria: |
| (1) |
Modification of an existing facility that meets |
| |
(a) |
Threshold A, |
| |
(b) |
Threshold B, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
| 5 |
Leather Tanneries — SIC code 1711 |
|
| 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. |
|
| 6 |
Lead-acid Battery Plants |
|
| 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, |
| |
(c) |
Threshold C, or |
| |
(d) |
Threshold D. |
|
Part 3 — Mine Projects
Definitions for Part 3
7 In this Part:
"clean coal" means coal that requires processing in a coal preparation plant 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;
"off-shore 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 mineable substance from the foreshore or submerged land along a marine coastline, or from an off-shore 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;
"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 8 (1);
"threshold F" means the criteria described in section 8 (2);
"threshold G" means the criteria described in section 8 (3).
Criteria for proposed modifications of mine projects
8 (1) In this Part, threshold E 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 the disturbance of
(i) at least 750 hectares of land that was not previously permitted for disturbance, or
(ii) 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 facility.
(2) In this Part, threshold F 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 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 facility.
(3) In this Part, threshold G 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 executive director has determined under subsection (4) that the modification has the potential to result in a significant adverse environmental, economic, social, heritage or health effect.
(4) For the purposes of a modification of an existing facility in the off-shore mine project category, the executive director must determine whether the modification has the potential to result in a significant adverse environmental, economic, social, heritage or health effect.
Table 6 — Mine Projects
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Coal Mines —
SIC code 063 |
|
| Criteria: |
| (1) |
A new mine facility that, during operation, will have a production capacity of > 250 000 tonnes/year of clean coal or raw coal or a combination of both clean coal and raw coal. |
|
| Criteria: |
| (1) |
Modification of an existing mine facility that meets Threshold E. |
|
|
|
| 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. |
|
| 3 |
Sand 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 sand and gravel 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 sand and gravel. |
|
| Criteria: |
| (1) |
Modification of an existing pit facility that meets Threshold F. |
|
|
|
| Criteria: |
| (1) |
A new mine facility that, during operations, will have a production capacity of > 500 000 tonnes/year of pay-dirt. |
|
| Criteria: |
| (1) |
Modification of an existing pit facility that meets Threshold F. |
|
| 5 |
Construction 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. |
|
|
|
| Criteria: |
| (1) |
A new off-shore mine facility. |
|
| Criteria: |
| (1) |
Modification of an existing facility that meets Threshold G. |
|
Part 4 — Energy Projects
Definitions for Part 4
9 In this Part:
"another power plant" means a facility 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;
"electric transmission line" means a
transmission line of 500 kV or higher voltage;
"energy" includes every form of energy;
"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 facility
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 12 and includes fuels derived by processing municipal solid waste;
"natural gas processing plant" means a
facility 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;
"off-shore 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 off-shore 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 or refrigeration, but does not include field
processing which normally takes place on or near the extraction site, such as
natural pressure reduction, mechanical separation, heating, cooling,
dehydration, and compression;
"thermal electric power plant" means a
facility 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.
[am. B.C. Regs. 289/2003; 30/2005, s. 2.]
Whether modification results in
significant adverse effects
10 For the purpose of determining whether the modification of an offshore oil or gas facility is prescribed as a reviewable project, the executive director must determine whether the modification has the potential to result in a significant adverse environmental, economic, social, heritage or health effect.
Table 7 — Electricity Projects
| Column 1 |
Column 2 |
Column 3 |
Column 4 |
| Project Category |
New Project |
Modification of Existing Project |
Dismantling and Abandonment of
Existing Project |
|
|
| Criteria: |
| (1) |
A new facility 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. |
|
| Criteria: |
| (1) |
Modification of an existing facility that results in the facility having a rated nameplate capacity that has increased by > 50 MW of electricity. |
|
| Criteria: |
| (1) |
Dismantling or abandonment of an existing dam facility associated with an existing hydroelectric power plant of any size, if the dam is, or was, permitted under the Water Act to impound > 10 million m3 of water. |
|
| 2 |
Electric Transmission Lines |
|
| Criteria: |
| (1) |
Subject to subsection (2), a new electric transmission line of > 40 km in length on a new right of way. |
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling and abandonment phases. |
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and |
| |
(b) |
the modification results in |
| |
|
(i) |
the rebuilding of all or part of the facility, the replacement of the existing towers and the rebuilt facility having a voltage of > 500 kV. |
| |
|
(ii) |
the addition of one or more electric transmission lines within the right of way occupied by the existing facility, or |
| |
|
(iii) |
construction of an extension to the facility having a voltage of > 500 kV. |
| (2) |
The following types of modifications are not reviewable under subsection (1) (b) (i): |
| |
(a) |
relocation of existing transmission lines within an existing right of way; |
| |
(b) |
increasing the capacity of existing transmission lines by conductor or tower modifications or replacements, or by changes to the terrain within an existing right of way; |
| |
(c) |
relocation of transmission line rights of way and associated transmission facilities, provided they follow the existing general corridor and constitute a length of < 40 km; |
| |
(d) |
replacement of towers or electric lines or other repairs to an existing facility primarily for maintenance purposes. |
| (3) |
Assessment of the modification of an existing facility under subsection (1) does not include the dismantling and abandonment phases. |
|
|
Table 8 — Petroleum and Natural Gas Projects
[am. B.C. Reg. 30/2005, s. 3.]
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Energy Storage Facilities |
|
| Criteria: |
| (1) |
Subject to subsection (2), a new energy storage facility with the capability to store an energy resource 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 North East 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 facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and |
| |
(b) |
the modification results in an increase in the capability of the facility to store an energy resource, other than electricity, by a quantity that can yield by combustion > 3 PJ of energy. |
| (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 North East British Columbia within the map groups and blocks set out in Appendix 2. |
|
2 Repealed.
[B.C. Reg. 30/2005, s. 3.]
|
| 3 |
Natural Gas Processing Plants |
|
| Criteria: |
| (1) |
A new natural gas processing plant facility |
| |
(a) |
that |
| |
|
(i) |
has the design capacity to process natural gas at a rate of < 5.634 million m3/day, and |
| |
|
(ii) |
will result in sulphur emissions to the atmosphere of > 2 tonnes/day, or |
| |
(b) |
that has the design capacity to process natural gas at a rate of > 5.634 million m3/day. |
|
| Criteria: |
| (1) |
Modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and |
| |
(b) |
the modification results in |
| |
|
(i) |
an incremental increase in sulphur emissions to the atmosphere of > 2 tonnes/day, or |
| |
|
(ii) |
a change in the design capacity of the facility resulting in an incremental increase of > 5.634 million m3/day in the capacity of the facility to process natural gas. |
|
|
|
| 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. |
| (2) |
Assessment of a new facility under subsection (1) does not include the dismantling and abandonment phases. |
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), modification of an existing facility if |
| |
(a) |
the existing facility, 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, |
| |
|
|
(A) |
rebuilding over a length of > 60 km, or |
| |
|
|
(B) |
an extension of > 60 km in length, |
| |
|
(ii) |
for a facility that when modified will have a diameter of between > 114.3 and < 323.9 mm, |
| |
|
|
(A) |
rebuilding over a length of > 50 km, or |
| |
|
|
(B) |
an extension of > 50 km in length, or |
| |
|
(iii) |
for a facility that when modified will have a diameter of > 323.9 mm, |
| |
|
|
(A) |
rebuilding over a length of > 40 km, or |
| |
|
|
(B) |
an extension of > 40 km in length. |
| (2) |
Assessment of the modification of an existing facility described in subsection (1) does not include the dismantling and abandonment phases. |
| (3) |
Replacement of pipe primarily for maintenance or repair purposes is not reviewable under subsection (1). |
|
| 5 |
Off-shore Oil or Gas Facilities |
|
| Criteria: |
| (1) |
A new off-shore oil or gas facility. |
|
| Criteria: |
| (1) |
Modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and |
| |
(b) |
the executive director has determined that the modification has the potential to result in a significant adverse environmental, economic, social, heritage or health effect. |
|
Part 5 — Water Management Projects
Definitions for Part 5
11 In this Part:
"hydroelectric power plant" has the same meaning as in Part 4;
"mine" has the same meaning as in the Mines Act.
Table 9 — Water Management Projects
[am. B.C. Reg. 30/2005, s. 4.]
| Column 1 |
Column 2 |
Column 3 |
Column 4 |
| Project Category |
New Project |
Modification of Existing Project |
Dismantling and Abandonment
of Existing Project |
|
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), a new dam facility that |
| |
(a) |
is > 15 m high, or |
| |
(b) |
under the Water 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) |
For the purposes of subsection (1) (a), "height" and "dam" have the same meaning as in the British Columbia Dam Safety Regulation, B.C. Reg. 44/2000. |
| (3) |
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 facility if |
| |
(a) |
the existing facility, were it a new facility, 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 Act, by > 20 hectares. |
| (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 facility that is, or was, permitted under the Water 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. |
|
|
|
| Criteria: |
| (1) |
A new dyke facility that protects from flooding an area of
> 10 km2. |
|
| Criteria: |
| (1) |
Modification of an existing facility if
|
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and |
| |
(b) |
the modification results in the raising of the entire length of the dyke. |
|
| Criteria: |
| (1) |
Dismantling or abandonment of an existing facility that, if it were a new facility, would meet the criteria set out opposite in Column 2. |
|
| 3 |
Water Diversion Projects |
|
| Criteria: |
| (1) |
Subject to subsection (2), a facility incorporating new works that |
| |
(a) |
are constructed for the diversion of water, and |
| |
(b) |
under the Water Act, are permitted 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 which have been authorized under section 8 of the Water 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: either (1) or (2) |
| (1) |
Subject to subsection (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and |
| |
(b) |
the modification results in an increase of > 35% in the maximum rate of diversion of water per year permitted under the Water Act. |
| (2) |
Subject to subsection (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would not meet the criteria set out opposite in Column 2, and |
| |
(b) |
the modification results in |
| |
|
(i) |
an increase of > 35% in the maximum rate of diversion of water per year permitted under the Water Act, and |
| |
|
(ii) |
a maximum rate of diversion of water permitted under the Water Act that is or will be > 10 million m3/year. |
| (3) |
The following are not reviewable under subsection (1) or (2): |
| |
(a) |
works for the diversion of water which have been authorized under section 8 of the Water 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 they were a new facility, 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 which have been authorized under section 8 of the Water 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. |
|
| 4 |
Groundwater Extraction Projects |
|
| Criteria: |
| (1) |
Subject to subsection (2), a new facility that |
| |
(a) |
consists of one or more works for the extraction of groundwater to be used for the same project or where, in the reasonable opinion of the executive director, the works are so closely related they can be considered to form a single project, |
| |
(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) |
A facility for the extraction of groundwater solely for the following purposes is not reviewable under subsection (1): |
| |
(a) |
providing groundwater data for an application for an environmental assessment certificate; |
| |
(b) |
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. |
|
| Criteria: either (1) or (2) |
| (1) |
Subject to subsection (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, 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 facility has been designed to be operated, or |
| |
|
(ii) |
an increase of > 75 litres/second over the current extraction rate at which the facility has been designed to be operated. |
| (2) |
Subject to subsection (3), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out in Column 2, subsection (1) (a) and (b), but would not meet the criteria set out opposite in Column 2, subsection (1) (c), and |
| |
(b) |
the modification results in |
| |
|
(i) |
an increase of > 35% over the current extraction rate at which the facility has been designed to be operated, and |
| |
|
(ii) |
an extraction rate of > 75 litres/second. |
| (3) |
A facility for the extraction of groundwater solely for the following purposes is not reviewable under subsection (1) or (2): |
| |
(a) |
providing groundwater data for an application for an environmental assessment certificate; |
| |
(b) |
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. |
|
|
| 5 |
Shoreline Modification Projects |
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), a new facility, or a new activity unrelated to the construction of a new facility, 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 hectares 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 facility. |
|
| Criteria: either (1) or (2) |
| (1) |
Subject to subsections (3) and (4), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and |
| |
(b) |
the modification results in an increase of Š 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) |
Subject to subsections (3) and (4), modification of an existing facility if |
| |
(a) |
the existing facility, were it a new facility, would not meet the criteria set out opposite in Column 2, but has resulted in changes in or about a stream, marine coastline or estuary, and |
| |
(b) |
the modification results in an increase of Š 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, and |
| |
(c) |
the modification also results in changes in or about a stream, coastline or estuary which in total equal or exceed the criteria described in Column 2, subsection (1) (b) (i) or (ii) for a new facility. |
| (3) |
Area flooded is not included in the calculation of area directly disturbed under subsection (1) (b) (ii) and (2) (b) (ii). |
| (4) |
The following are not reviewable under subsection (1) or (2): |
| |
(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 facility. |
|
| Criteria: |
| (1) |
Dismantling or abandonment of an existing shoreline modification facility that, if it were a new facility, would meet the criteria set out opposite in Column 2. |
|
Part 6 — Waste Disposal Projects
Definitions for Part 6
12 In this Part:
"biomedical waste" has the same meaning as in
the Hazardous Waste Regulation, B.C. Reg. 63/88;
"incinerator", "land treatment",
"long term storage", "mobile facility", "off site facility",
"secure landfill", "short term storage", "surface impoundment",
"thermal treatment", "treatment" and "waste pile" have the
same meanings as in the Hazardous Waste Regulation, B.C. Reg. 63/88;
"municipal liquid waste", "municipal solid
waste", "hazardous waste" and "waste" have the same meanings
as in the Environmental Management Act;
"threshold H" means the criteria described in
section 13 (1);
"threshold I" means the criteria described in
section 13 (2).
[am. B.C. Regs. 319/2004, s. (b); 30/2005, s. 5.]
Criteria for proposed
modifications of waste disposal projects
13 (1) In this Part, threshold H 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 of the facility.
(2) In this Part, threshold I 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) a facility that if it were a new facility would meet the criteria set out opposite in Column 2, and
(ii) an increase of at least 30% in the total waste discharge from the facility.
Table 10 — Hazardous Waste Management Projects
[am. B.C. Reg. 30/2005, ss. 6 to
8.]
| Column 1 |
Column 2 |
Column 3 |
| Project Category |
New Project |
Modification of Existing Project |
| 1 |
Hazardous Waste Facilities |
|
| Criteria: |
| (1) |
Subject to subsections (2) and (3), a proposal |
| |
(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 |
| |
| |