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"Point in Time" Regulation Content

Environmental Assessment Act

Reviewable Projects Regulation

B.C. Reg. 370/2002

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 February 29, 2016
Section 10 February 29, 2016
Section 11 February 29, 2016
Section 13 January 14, 2010
March 30, 2012

 Section 1 definition of "stream" BEFORE amended by BC Reg 41/2016, effective February 29, 2016.

"stream" has the same meaning as in the Water Act;

 Section 10, Table 7, item 1, column 4 BEFORE amended by BC Reg 41/2016, effective February 29, 2016.

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.

 Section 11, Table 9, item 1, columns 2, 3 and 4 BEFORE amended by BC Reg 41/2016, effective February 29, 2016.

Column 1Column 2Column 3Column 4
Project CategoryNew ProjectModification of Existing ProjectDismantling and Abandonment
of Existing Project
1Dams
Criteria:
(1)Subject to subsections (2) and (3), a new dam facility that
 (a)is > 15 m high measured in accordance with section 1 (4) of the Dam Safety Regulation, 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), "dam" has the same meaning as in the Dam Safety Regulation.
(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.
3Water 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 10 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.

 Section 13, Table 11 BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

Table 11 – Solid Waste Management Projects

Column 1Column 2Column 3
Project CategoryNew ProjectModification of Existing Project
1Local Government Solid Waste Management Facilities
Criteria:
(1)A new facility if
 (a)the board of a regional district has determined that the facility will be included in a solid waste management plan or a solid waste management plan amendment to be submitted to the Minister of Water, Land and Air Protection for approval as part of the Regional Solid Waste Management Planning Process, and
 (b)the facility is for the treatment or disposal of municipal solid waste by the operation of
  (i)a landfill with a design capacity of > 250 000 tonnes/year, or
  (ii)an incinerator with a design capacity of > 225 tonnes/day.
Criteria:
(1)Modification of an existing facility if the board of a regional district has determined that the modification will be included in a solid waste management plan or a solid waste management plan amendment to be submitted to the Minister of Water, Land and Air Protection for approval as part of the Regional Solid Waste Management Planning Process, and the criteria in either (a) or (b) are met:
 (a)the modification of the existing facility if
  (i)the existing facility, were it a new facility, would meet the criteria described opposite in Column 2, section (1) (b) (i), and
  (ii)the modification results in
   (A)an extension in the lifespan of the facility beyond that lifespan currently authorized in an approved solid waste management plan, or
   (B)an increase in the annual design capacity of the facility beyond that currently authorized in an approved solid waste management plan;
 (b)does not meet the criteria described in Column 2, subsection (1) (b) (i) or (ii) for a new facility, but the modification results in an increase in the design capacity of the facility above the threshold under Column 2, subsection (1) (b) (i) or (ii).

 Section 13, Table 11 BEFORE amended by BC Reg 59/2012, effective March 30, 2012.

Column 1Column 2Column 3
Project CategoryNew ProjectModification of Existing Project
1Local Government Solid Waste Management Facilities
Criteria:
(1)A new facility if
 (a)the board of a regional district has determined that the facility will be included in a solid waste management plan or a solid waste management plan amendment to be submitted to the minister responsible for the administration of the Environmental Management Act for approval as part of the Regional Solid Waste Management Planning Process, and
 (b)the facility is for the treatment or disposal of municipal solid waste by the operation of
  (i)a landfill with a design capacity of > 250 000 tonnes/year, or
  (ii)an incinerator with a design capacity of > 225 tonnes/day.
Criteria:
(1)Modification of an existing facility if the board of a regional district has determined that the modification will be included in a solid waste management plan or a solid waste management plan amendment to be submitted to the minister responsible for the administration of the Environmental Management Act for approval as part of the Regional Solid Waste Management Planning Process, and the criteria in either (a) or (b) are met:
 (a)the modification of the existing facility if
  (i)the existing facility, were it a new facility, would meet the criteria described opposite in Column 2, section (1) (b) (i), and
  (ii)the modification results in
   (A)an extension in the lifespan of the facility beyond that lifespan currently authorized in an approved solid waste management plan, or
   (B)an increase in the annual design capacity of the facility beyond that currently authorized in an approved solid waste management plan;
 (b)does not meet the criteria described in Column 2, subsection (1) (b) (i) or (ii) for a new facility, but the modification results in an increase in the design capacity of the facility above the threshold under Column 2, subsection (1) (b) (i) or (ii).