Preparing for Permitting Reform in BC: Strategic Considerations for Project Proponents
Planning ahead while regulatory details take shape.
The BC Government has introduced two pieces of legislation, Bill 14 (Renewable Energy Projects [Streamlined Permitting] Act), introduced April 30 by the Minister of Energy and Climate Solutions, and Bill 15 (Infrastructure Projects Act), introduced May 1 by the Minister of Infrastructure, aimed at streamlining permitting and approval processes for renewable energy and critical infrastructure. These include schools, hospitals, and other developments identified as “provincially significant”.
More information on the types of projects considered to be provincially significant will be released soon, but these would be projects that can demonstrate significant environmental or socio-economic benefits. The government intends to pass both bills before the end of the spring legislative session on May 29.
If passed, the next phase will involve consultation with First Nations, local governments, and other interested parties to shape the regulations. The regulations will provide the ministry with powers including:
Creating a qualified professional reliance framework to expediate some provincial decisions.
Prioritizing provincial permits for projects that demonstrate clear economic, social or environmental benefits
Developing a specific environmental assessment process for expedited assessment of designated priority projects, aligning with the review of the Environmental Assessment Act currently underway by the BC Environmental Assessment Office (EAO)
Approving low risk projects that have already received an Environmental Assessment Certificate from the EAO
Until the legislation is passed and supporting regulations are developed, there will be some uncertainty around how the new processes will be implemented. The government will need to provide clarity and transparency regarding project selection for expedited review, and demonstrate that these changes will not impact Indigenous consultation obligations or its requirements under the provincial Declaration on the Rights of Indigenous Peoples Act. Efforts to streamline regulatory processes will need to demonstrate how high environmental standards will be maintained and that advancement of reconciliation with Indigenous groups will continue.
These proposed changes reflect an ongoing focus on identifying efficiencies in permitting processes, particularly for projects that can demonstrate broad public benefit.
While more details are expected in the coming weeks, project proponents can take proactive steps now to support their readiness:
Undertake early, meaningful and sustained engagement with potentially impacted Indigenous groups, and seek opportunities to build and maintain strong relationships.
Work with Indigenous groups and local communities to explore opportunities to incorporate shared economic, social or environmental benefits for a community into a project plan.
Engage experienced environmental professionals early in the planning phase to design and carry out appropriate field studies and other assessments that help avoid or appropriately mitigate potential impacts to the environment. Engaging qualified professionals (professionals registered by a regulated association and/or with demonstrated expertise or experience) may allow a proponent to expediate some provincial decisions.
Early engagement and thoughtful planning can help identify risks and opportunities, reduce delays and costs in later phases, and support successful project delivery regardless of how the regulatory framework evolves.