Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
This Act is current to July 29, 2020
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Environmental Assessment Act

[SBC 2018] CHAPTER 51

Assented to November 27, 2018

Contents
Part 1 — Definitions
1Definitions
Part 2 — Administration
2Environmental Assessment Office
3Appointment of chief executive assessment officer
4Delegation by chief executive assessment officer
5Dispute resolution facilitators
Part 3 — Assessment Process
6Requirement for environmental assessment certificate
7Required consent
8Effect on approvals under other enactments
9Reviewable projects established by regulation
10Project notifications
11Minister's power to designate a project as reviewable
12Application to chief executive assessment officer for reviewable project designation
Part 4 — Early Engagement
13Initial project descriptions and engagement plans
14Participating Indigenous nations
15Detailed project description
16Recommendation whether to proceed with assessment
17Minister's decision whether to terminate or exempt a project
18Chief executive assessment officer's decision on type of assessment
Part 5 — Assessment
19Process planning by chief executive assessment officer
20Limit on discretion of chief executive assessment officer
21Technical advisory committee
22Community advisory committee
23Public engagement
24Process planning by minister
25Required assessment matters
26Advice from consultants, mediators and experts during assessment
27Application for environmental assessment certificate
28Effects assessment
29Decision on application for environmental assessment certificate
30Mitigation effectiveness reports
31Duration and effect of certificate
32Amending environmental assessment certificate
33Transfer of certificate or exemption
Part 6 — Special Provisions for Environmental Assessment Process
34Class assessments and their effect on application requirements
35Regional assessments
36Policy direction from ministers during assessment
37Approvals under other enactments
38Time limits
39Termination of assessment
40Project information centre
41Agreements
42Variations to accommodate agreements with other jurisdictions
43Agreements with Nisga'a Nation
44Agreements and consultations with treaty first nations
45Suspension of assessment process pending other inquiries
46Varying assessment process for emergency or other circumstance
47Assessment costs may be recovered
48Participation costs
Part 7 — Compliance and Enforcement
49Inspection power
50Compliance and enforcement agreements
51Protection of compliance and enforcement officers
52Investigation power
53Order to cease or remedy
54Supreme Court order for compliance
55Compliance agreement
56Suspension, cancellation and amendment of certificates and exemption orders
57Notice requirements
58Opportunity to be heard
59Reinstatement of certificate
60Administrative penalties
61Effect of charging an offence
62Recovery of administrative penalties
63Offences
64Effect of voluntary compliance agreement
65Penalties
66Creative sentencing
67Variation of section 66 orders
68Remedies preserved
69Court order to comply
70Limitation period
71Restitution
Part 8 — General Provisions
72Ministerial delegation
73Strategic assessments
74Audits
75Confidentiality
76Review of Act
77Power to make regulations
78Transitional provisions
79Regulations to deal with transitional matters and difficulties
80 Consequential Amendment
81 Repeal
82Commencement

Part 1 — Definitions

Definitions

1   In this Act:

"approval under another enactment" means an approval, licence, permit or other authorization under another enactment;

"assessment", other than in, or in reference to, section 35 or 73, means an assessment under this Act of a reviewable project's potential effects that is conducted in relation to an application for

(a) an environmental assessment certificate, or

(b) an amendment of an environmental assessment certificate;

"assessment body" means a body referred to in section 24 (3) (a) that is required to conduct an assessment;

"assessment report" means a written report submitted to the ministers under section 28 summarizing the procedures followed during, and the findings of, an assessment;

"chief executive assessment officer" means the individual appointed under section 3 as the chief executive assessment officer of the Environmental Assessment Office;

"class assessment" means an assessment conducted under section 34;

"compliance and enforcement officer" means an individual appointed under section 49 (1);

"dispute resolution facilitator" means an individual appointed under section 5 (1);

"environmental assessment certificate" means an environmental assessment certificate issued by the ministers under section 29 (4);

"exemption order" means an order made under section 17 (1) (b);

"ministers" means the minister and the responsible minister;

"mitigation" includes actions to offset the potential adverse effects of a project;

"office" means the Environmental Assessment Office continued under section 2;

"participating Indigenous nation" means an Indigenous nation that provides notice to the chief executive assessment officer under section 14 (1) and has not, in relation to a project, been provided a notice by the chief executive assessment officer under section 14 (2);

"process order" means an order made under section 19 (2);

"project" means

(a) any activity that has or may have adverse effects, or

(b) any construction, operation, modification, dismantling or abandonment of a physical work;

"proponent" means a person or organization that proposes to undertake a reviewable project, and includes the government of Canada, British Columbia, a municipality or regional district, another province, another jurisdiction and an Indigenous nation;

"responsible minister" means the member of the Executive Council that the Lieutenant Governor in Council designates by order as the minister responsible for a specified reviewable project or specified category of reviewable projects;

"reviewable project" means a project that is within a category of projects prescribed under section 9 or that is designated as a reviewable project by the minister under section 11 or the chief executive assessment officer under section 12, and includes

(a) the facilities at the main site of the project,

(b) any off-site facilities related to the project that the chief executive assessment officer or the minister may designate, and

(c) any activities related to the project that the chief executive assessment officer or the minister may designate;

"termination order" means an order issued under section 17 (1) (a).

Part 2 — Administration

Environmental Assessment Office

2   (1) The Environmental Assessment Office is continued as an office of the government.

(2) The purposes of the office are

(a) to carry out its responsibilities under this Act, and

(b) to do the following in carrying out the purpose referred to in paragraph (a):

(i) promote sustainability by protecting the environment and fostering a sound economy and the well-being of British Columbians and their communities by

(A) carrying out assessments in a thorough, timely, transparent and impartial way, considering the environmental, economic, social, cultural and health effects of assessed projects,

(B) facilitating meaningful public participation throughout assessments,

(C) using the best available science, Indigenous knowledge and local knowledge in decision making under the Act, and

(D) coordinating assessments with other governments, where appropriate, including Indigenous nations, and with other provincial ministries and agencies;

(ii) support reconciliation with Indigenous peoples in British Columbia by

(A) supporting the implementation of the United Nations Declaration on the Rights of Indigenous Peoples,

(B) recognizing the inherent jurisdiction of Indigenous nations and their right to participate in decision making in matters that would affect their rights, through representatives chosen by themselves,

(C) collaborating with Indigenous nations in relation to reviewable projects, consistent with the United Nations Declaration on the Rights of Indigenous Peoples, and

(D) acknowledging Indigenous peoples' rights recognized and affirmed by section 35 of the Constitution Act, 1982 in the course of assessments and decision making under this Act.

Appointment of chief executive assessment officer

3   (1) The Lieutenant Governor in Council may appoint an individual to be the chief executive assessment officer.

(2) The Lieutenant Governor in Council may establish the remuneration and other terms of the appointment of the chief executive assessment officer.

(3) The chief executive assessment officer is an employee as defined in the Public Service Act.

Delegation by chief executive assessment officer

4   (1) The chief executive assessment officer, by conditional or unconditional written authority, may delegate any of the powers and duties of the chief executive assessment officer under this Act to any person

(a) employed in the office, or

(b) assigned to the office but not employed in the office.

(2) A person to whom the chief executive assessment officer delegates powers and duties under subsection (1) may exercise the powers and must perform the duties in accordance with the written authority.

Dispute resolution facilitators

5   (1) Subject to regulations made under subsection (4) (a), the minister, after considering a recommendation, if any, of an Indigenous nation, may appoint individuals to facilitate the resolution of disputes in relation to a matter referred to in subsection (2).

(2) A participating Indigenous nation or the chief executive assessment officer may refer one or more of the following matters to a dispute resolution facilitator:

(a) a matter pending decision under section 14 (2), 17, 18, 19, 28 or 29;

(b) the provision of a notice under section 14 (1);

(c) any other prescribed matter.

(3) On completion of a facilitation, a dispute resolution facilitator must provide a report to the participants and to the applicable of the chief executive assessment officer or the minister.

(4) The Lieutenant Governor in Council may make regulations respecting the powers and duties of dispute resolution facilitators under this Act, including, without limitation, regulations respecting the following:

(a) qualifications of individuals who may be appointed under subsection (1);

(b) the powers and obligations of a dispute resolution facilitator to manage a referral made to the facilitator;

(c) matters that a dispute resolution facilitator must consider before making a report;

(d) referrals to a dispute resolution facilitator;

(e) the time by which a dispute resolution facilitator must complete a facilitation and provide a report.

(5) If a matter pending decision is referred to a dispute resolution facilitator,

(a) a decision on the matter may not be made under the applicable section until after the facilitator has provided a report, and

(b) if the participating Indigenous nation requests that the chief executive assessment officer take part in the dispute resolution process, the chief executive assessment officer must take part in the process.

(6) Despite subsection (2), an Indigenous nation that has provided notice under section 14 (1) may refer to a dispute resolution facilitator a matter pending decision under section 14 (2).

(7) A report of a dispute resolution facilitator is not to be taken as guiding

(a) the chief executive assessment officer or minister respecting a project not addressed in the report, or

(b) a decision maker under another enactment.

(8) This section is not to be taken as limiting any right a participating Indigenous nation may have to seek a remedy from a court.

(9) For certainty, nothing in this section, nor anything done under this section, abrogates or derogates from the rights recognized and affirmed by section 35 of the Constitution Act, 1982.

Part 3 — Assessment Process

Requirement for environmental assessment certificate

6   (1) Despite any other enactment, a person must not

(a) undertake or carry on any activity that is a reviewable project, or

(b) construct, operate, modify, dismantle or abandon all or part of the facilities of a reviewable project,

unless the person

(c) first obtains an environmental assessment certificate for the reviewable project, or

(d) has been issued an exemption order.

(2) Despite any other enactment, if an environmental assessment certificate has been issued for a reviewable project, a person must not, except in accordance with the certificate,

(a) undertake or carry on any activity that is authorized by the certificate, or

(b) construct, operate, modify, dismantle or abandon all or part of the project facilities that are authorized by the certificate.

Required consent

7   Despite any other enactment and whether or not an environmental assessment certificate is required, a reviewable project may not, without the consent of an Indigenous nation, proceed

(a) on treaty lands if the final agreement with the Indigenous nation requires this consent, or

(b) in an area that is the subject of an agreement, between an Indigenous nation and the government, that

(i) requires this consent, and

(ii) is prescribed by the Lieutenant Governor in Council.

Effect on approvals under other enactments

8   (1) Despite any other enactment, a minister who administers another enactment, or an employee or agent of the government or of a municipality or regional district, must not issue an approval under another enactment for a person to

(a) undertake or carry on an activity that is, in whole or in part, a reviewable project, or

(b) construct, operate, modify, dismantle or abandon all or part of the facilities of a reviewable project,

unless satisfied that the person has

(c) a valid environmental assessment certificate for the reviewable project, or

(d) a valid exemption order for the reviewable project.

(2) Despite any other enactment, an approval under another enactment is without effect if it is issued contrary to subsection (1).

Reviewable projects established by regulation

9   (1) The Lieutenant Governor in Council may make regulations prescribing what constitutes a reviewable project for the purposes of this Act.

(2) For the purpose of a regulation under subsection (1), the Lieutenant Governor in Council may, by regulation,

(a) categorize projects on the basis of size, production or storage capacity, timing, geographical location, potential adverse effects, type of industry to which the projects are related, type of proponent or any other basis that the Lieutenant Governor in Council considers appropriate, and

(b) provide differently for different categories of projects.

Project notifications

10   (1) A person who proposes a project that is not a reviewable project under the regulations under section 9 but is within a prescribed category of projects must, within the prescribed period, submit to the chief executive assessment officer a project notification.

(2) A project notification must include

(a) the prescribed information, and

(b) any other information the chief executive assessment officer requires.

(3) A person referred to in subsection (1) must not

(a) undertake or carry on any activity that is the project referred to in the project notification, or

(b) construct, operate, modify, dismantle or abandon all or part of the facilities of the project referred to in the project notification

unless one of the following has occurred:

(c) the person has been notified under subsection (4) (c) that no further review of the project under this section is required;

(d) any review of the project that is required has been completed.

(4) Within 60 days of receiving a project notification, the chief executive assessment officer must do one of the following:

(a) submit the project notification to the minister for consideration under section 11 and provide notice to the person who proposes the project that the project notification has been submitted to the minister for that purpose;

(b) provide notice to the person who proposes the project that further review of the project under this section is required;

(c) provide notice to the person who proposes the project that no further review of the project under this section is required.

(5) A notice provided under subsection (4) (b) may include

(a) procedures and consultations respecting the project that must be carried out by the person who proposes the project, and

(b) instructions respecting the submission of a revised project notification once the procedures and consultations referred to in paragraph (a) have been carried out.

Minister's power to designate a project as reviewable

11   (1) In this section, "eligible project" means a project that is not substantially started and is not a reviewable project under a regulation under section 9.

(2) A person may apply to the minister to have an eligible project designated as a reviewable project under this section.

(3) An application under subsection (2) must

(a) be in writing,

(b) state why the applicant wishes the eligible project to be designated as a reviewable project, and

(c) include any other information the minister requires.

(4) On receiving an application under subsection (2), the minister must consider the following:

(a) whether the applicant is an Indigenous nation;

(b) whether the eligible project could have effects on an Indigenous nation and the rights recognized and affirmed by section 35 of the Constitution Act, 1982;

(c) if the eligible project is in a category of projects described in a regulation under section 9, whether the potential effects of the eligible project will be equivalent to or greater than the potential effects of projects in that category that are reviewable projects;

(d) whether an assessment of the eligible project is consistent with the purposes set out in section 2.

(5) Subject to subsections (6) and (7), after considering an application as required under subsection (4), the minister must, within 30 days of receiving the application,

(a) designate the eligible project as a reviewable project, or

(b) decline to make that designation.

(6) The minister may make a designation under subsection (5) respecting a project that is subject to a prescribed regulatory process only if the minister is satisfied that the designation is in the public interest.

(7) The minister may exercise the power under subsection (5) on the minister's own initiative after considering the matters set out in subsection (4) with respect to the eligible project.

(8) The minister may, by order, require a person proposing to undertake a project to provide information to the minister for the purpose of exercising the power under subsection (5).

(9) If the minister declines to make a designation under subsection (5), the minister must provide reasons for that decision to the applicant.

Application to chief executive assessment officer for reviewable project designation

12   (1) A person who proposes a project that is not a reviewable project under section 11 or under the regulations under section 9 may apply to the chief executive assessment officer for the project to be designated as a reviewable project.

(2) An application under subsection (1) must

(a) be in writing,

(b) state why the applicant wishes the project to be designated as a reviewable project, and

(c) include any other information the chief executive assessment officer requires.

(3) After considering an application under subsection (1), the chief executive assessment officer may, by order,

(a) designate the project as a reviewable project, or

(b) decline to make that designation.

Part 4 — Early Engagement

Initial project descriptions and engagement plans

13   (1) A proponent of a reviewable project may submit to the chief executive assessment officer, in accordance with the requirements of the chief executive assessment officer,

(a) an initial project description, and

(b) an engagement plan, including a proposal respecting engagement among the proponent, the office, Indigenous nations, municipalities, government agencies and the public during the early engagement part of the assessment.

(2) The chief executive assessment officer may make requirements for the purposes of subsection (1) that apply generally or to a specific reviewable project.

(3) After receiving the initial project description and engagement plan referred to in subsection (1), the chief executive assessment officer must, by order,

(a) approve the description and plan, or

(b) require the proponent to

(i) make changes to the description and plan in accordance with the directions of the chief executive assessment officer, and

(ii) submit the revised description and plan in accordance with subsection (1) within the time indicated by the chief executive assessment officer.

(4) After making an order under subsection (3) (a), the chief executive assessment officer must publish the approved description for at least 30 days and, during that period, invite comment from the public on the description.

(5) Within 90 days of making an order under subsection (3) (a), the chief executive assessment officer must provide a notice to the proponent setting out

(a) a summary of comments received during the period referred to in subsection (4), and

(b) the Indigenous nations that are participating Indigenous nations.

Participating Indigenous nations

14   (1) Within 80 days of the first day of publication of the initial project description, an Indigenous nation may provide notice to the chief executive assessment officer that the Indigenous nation intends to participate in the assessment of the project.

(2) After giving an Indigenous nation that has provided notice under subsection (1) an opportunity to be heard, the chief executive assessment officer may provide notice to the Indigenous nation that the chief executive assessment officer has determined that there is no reasonable possibility the Indigenous nation or its rights recognized and affirmed by section 35 of the Constitution Act, 1982 will be adversely affected by the project.

(3) A notice provided by the chief executive assessment officer under subsection (2) must set out the reasons for the determination.

Detailed project description

15   (1) A proponent who has been issued an approval under section 13 (3) (a) and received notice under section 13 (5) may submit to the chief executive assessment officer, in accordance with the requirements, if any, of the chief executive assessment officer, a detailed project description.

(2) The chief executive assessment officer may make requirements for the purposes of subsection (1) that apply generally or to a specific project.

Recommendation whether to proceed with assessment

16   (1) The chief executive assessment officer, in relation to a project, must seek to achieve consensus with participating Indigenous nations before exercising the power under subsection (2) or complying with the obligation under subsection (4) (a) or (5) (a).

(2) After receiving a detailed project description under section 15, the chief executive assessment officer must do one of the following once the requirements of subsection (1) have been met:

(a) require the proponent to submit a revised detailed project description;

(b) subject to subsection (3), if the chief executive assessment officer, taking into account practical means of preventing or reducing to an acceptable level any potential adverse effects of the project, considers that the project

(i) will not have a significant adverse environmental, economic, social, cultural or health effect, or

(ii) will not have serious effects on an Indigenous nation or the rights recognized and affirmed by section 35 of the Constitution Act, 1982,

refer the project to the minister for a decision under section 17 with a recommendation that the minister issue an exemption order under that section;

(c) if the chief executive assessment officer considers that the project

(i) will have extraordinarily adverse effects

(A) generally, or

(B) on an Indigenous nation or the rights recognized and affirmed by section 35 of the Constitution Act, 1982,

(ii) will have extraordinarily adverse effects on a prescribed protected area,

(iii) is, on the advice of the minister or another minister, clearly incompatible with a government policy, or

(iv) is substantially the same as a project that has previously been the subject of an order under section 17 (1) (a) or 29 (4) (c) (ii),

refer the project to the minister for a decision under section 17 with a recommendation that the minister issue a termination order under that section;

(d) make a decision under section 18.

(3) The chief executive assessment officer may not make a referral under subsection (2) (b) respecting a project that has been designated under section 11.

(4) A referral under subsection (2) (b) must be accompanied by

(a) a report that addresses the following:

(i) the matters considered under subsection (2) (b);

(ii) results of public engagements;

(iii) applicable assessments undertaken under section 35 or 73;

(iv) consistency with any land-use plan of the government or an Indigenous nation if the plan is relevant to the assessment;

(v) whether another assessment of the project has been or will be conducted;

(vi) whether potential effects of the project can be adequately addressed by another regulatory process,

(b) notification, if any, provided by a participating Indigenous nation of the nation's consent or lack of consent to issuing an exemption order and reasons for that consent or lack of consent, and

(c) information, if any, respecting an arrangement reached with a participating Indigenous nation in relation to the potential effects of the project on the Indigenous nation.

(5) A referral under subsection (2) (c) must be accompanied by

(a) a report that

(i) addresses the matters considered under subsection (2) (c),

(ii) explains the grounds for the recommendation, and

(iii) addresses the matters referred to in subsection (4) (a) (ii) to (iv),

(b) notification, if any, provided by a participating Indigenous nation of the nation's consent or lack of consent to issuing a termination order and reasons for that consent or lack of consent, and

(c) information, if any, respecting an arrangement reached with a participating Indigenous nation in relation to the potential effects of the project on the Indigenous nation.

Minister's decision whether to terminate or exempt a project

17   (1) Subject to subsection (2), on receiving a referral and recommendation under section 16, the minister may

(a) subject to subsection (3), order that the project may not proceed as proposed,

(b) order that the proponent is exempt from the requirement under section 6 to obtain an environmental assessment certificate for the project, or

(c) refer the project to the chief executive assessment officer for a further decision under section 16.

(2) In making a decision under subsection (1), the minister must consider the sustainability purpose referred to in section 2 (2) (b) (i), the reconciliation purpose referred to in section 2 (2) (b) (ii) and the prescribed matters, if any.

(3) Before issuing an order under subsection (1) (a), the minister must give the proponent an opportunity to be heard.

(4) The minister may attach to an order under subsection (1) (a) or (b) conditions that the minister considers necessary.

(5) An order under subsection (1) (a) or (b) does not relieve the proponent from compliance with the applicable requirements that pertain to the project under other enactments.

(6) An order under subsection (1) (a) or (b) must set out the reasons for the order and must, in a case where a notification referred to in section 16 (4) (b) or (5) (b) indicates a lack of consent to the issuance of the order, give reasons for why the decision to issue the order was made.

Chief executive assessment officer's decision on type of assessment

18   (1) If the chief executive assessment officer does not exercise the power under section 16 (2) (a), (b) or (c), the chief executive assessment officer must

(a) consider the project under section 19, or

(b) refer the project to the minister for a determination under section 24, with recommendations, including recommendations respecting whether the assessment should be conducted by an assessment body.

(2) The chief executive assessment officer must publish a notice of a decision under subsection (1).

Part 5 — Assessment

Process planning by chief executive assessment officer

19   (1) Before making a process order, the chief executive assessment officer must seek to achieve, with respect to the order, consensus with participating Indigenous nations.

(2) Subject to section 25 and subsections (4) and (5) of this section, if the chief executive assessment officer makes a determination set out in section 18 (1) (a) for a reviewable project, the chief executive assessment officer must issue, within 120 days after publishing a notice under section 18 (2), a process order that does all of the following:

(a) determines the scope of the required assessment of the reviewable project, including, without limitation, the scope of the assessment of the effects referred to in section 25 (2) (a), the facilities at the main site of the reviewable project, any of its off-site facilities and any activities related to the reviewable project;

(b) includes an assessment plan, setting out the procedures and methods for conducting the assessment, including, without limitation,

(i) consensus-seeking opportunities between the office and participating Indigenous nations,

(ii) hearings, if any, to be conducted during the assessment, and

(iii) the roles of the technical advisory committee and the community advisory committee in the assessment, if any;

(c) includes information requirements, setting out, without limitation,

(i) the information required from the proponent

(A) in relation to or supplementary to the proponent's application, and

(B) at specified times during the assessment, in relation to the matters set out in section 25,

(ii) reviews, if any, that must be undertaken of information specified in the order,

(iii) methods by which information must be obtained, and

(iv) information, if any, to be obtained from persons other than the proponent with respect to the potential effects specified under paragraph (a) of this subsection.

(3) The chief executive assessment officer's discretion under subsection (2) includes, but is not limited to, the discretion to specify by order one or more of the following:

(a) how the matters set out in section 25 are to be addressed in the assessment;

(b) the timelines according to which the assessment will be conducted;

(c) the persons and organizations, including but not limited to the public, Indigenous nations, government agencies and neighbouring jurisdictions, to be consulted by the proponent or the office during the assessment, and the means by which the persons and organizations are to be provided with notice of the assessment, access to information during the assessment and opportunities to be consulted;

(d) the opportunities for the persons and organizations specified under paragraph (c), and for the proponent, to provide comments during the assessment of the reviewable project.

(4) If a participating Indigenous nation notifies the chief executive assessment officer of the nation's intent to carry out an assessment with respect to the potential effects of the project on the nation and on its rights recognized and affirmed by section 35 of the Constitution Act, 1982, the chief executive assessment officer, in the order made under subsection (2), must specify

(a) the portion of the assessment to be carried out by the nation, and

(b) the date by which the assessment by the nation must be completed.

(5) Before making a process order, the chief executive assessment officer must publish the proposed order for at least 30 days and, during that period, invite comment from the public on the proposed order.

(6) The assessment of the potential effects of a reviewable project must take into account and reflect government policy identified for the chief executive assessment officer, during the course of the assessment, by a government agency or organization responsible for the identified policy area.

Limit on discretion of chief executive assessment officer

20   The chief executive assessment officer may not, under section 19, do anything referred to in section 24 (3) (a).

Technical advisory committee

21   (1) For every assessment, the chief executive assessment officer must establish a technical advisory committee

(a) to advise the chief executive assessment officer and participating Indigenous nations on technical matters related to the assessment, and

(b) to review the proponent's application under section 27.

(2) The chief executive assessment officer may establish rules and procedures respecting meetings of a technical advisory committee.

(3) The chief executive assessment officer must invite participating Indigenous nations to be on a technical advisory committee and may invite any other persons the chief executive assessment officer considers appropriate.

Community advisory committee

22   (1) For an assessment or a class of assessments, the chief executive assessment officer must, if the chief executive assessment officer considers that there is sufficient community interest in a project, establish one or more community advisory committees to advise the chief executive assessment officer on the potential effects of the applicable project or class of projects on the community.

(2) An individual appointed to a community advisory committee under subsection (1) may be paid reasonable and necessary travelling and out-of-pocket expenses incurred by the person in carrying out duties of the committee.

Public engagement

23   (1) The chief executive assessment officer may conduct public comment periods in addition to those referred to in sections 13 (4), 19 (5), 27 (2) (a) and 28 (2) (b) and carry out other public engagement activities in relation to a project.

(2) The chief executive assessment officer may order that a public comment period referred to in sections 13 (4), 19 (5), 27 (2) (a) and 28 (2) (b) need not be carried out if satisfied that the period is unnecessary because the public has not demonstrated sufficient interest in the assessment of the reviewable project.

(3) An order under subsection (2) must set out the reasons for the order.

Process planning by minister

24   (1) If the chief executive assessment officer under section 18 (1) (b) refers a reviewable project to the minister, the minister may determine, by order,

(a) the scope of the required assessment of the reviewable project, and

(b) procedures and methods for conducting the assessment.

(2) The minister's discretion under this section to determine scope, procedures and methods includes, but is not limited to, the discretion to exercise, by order, any of the powers under section 19 (2).

(3) An order of the minister under this section may

(a) require that the assessment be conducted

(i) by a commission that the minister may constitute for the purpose of the assessment, consisting of one or more individuals that the minister may appoint to the commission,

(ii) by a hearing panel, with a public hearing to be held by one or more individuals that the minister may appoint to the hearing panel, or

(iii) by the chief executive assessment officer, an Indigenous nation or an individual that the minister may appoint by any method or procedure that the minister considers appropriate and specifies in the order, and

(b) delegate any of the minister's powers under this section to make orders determining scope, procedures and methods to

(i) the chief executive assessment officer, or

(ii) an Indigenous nation, a commission member, hearing panel member or other individual, depending on which of them is responsible for conducting the assessment.

(4) The minister may authorize the chief executive assessment officer or, if an order under subsection (3) (a) has been made, the assessment body conducting the assessment to vary the scope, procedures and methods of the assessment.

(5) For the purposes of an assessment conducted under this section by a commission or hearing panel, the minister, by order, may confer on the commission or hearing panel, as the case may be, the powers, privileges and protection of a commission under sections 16, 17, 22 (1), 23 (a), (b) and (d) to (f) and 32 of the Public Inquiry Act.

Required assessment matters

25   (1) The effects of a project on Indigenous nations and rights recognized and affirmed by section 35 of the Constitution Act, 1982 must be assessed in every assessment.

(2) The following matters must be considered in every assessment:

(a) positive and negative direct and indirect effects of the reviewable project, including environmental, economic, social, cultural and health effects and adverse cumulative effects;

(b) risks and uncertainties associated with those effects, including the results of any interaction between effects;

(c) risks of malfunctions or accidents;

(d) disproportionate effects on distinct human populations, including populations identified by gender;

(e) effects on biophysical factors that support ecosystem function;

(f) effects on current and future generations;

(g) consistency with any land-use plan of the government or an Indigenous nation if the plan is relevant to the assessment and to any assessment conducted under section 35 or 73;

(h) greenhouse gas emissions, including the potential effects on the province being able to meet its targets under the Greenhouse Gas Reduction Targets Act;

(i) alternative means of carrying out the project that are technically and economically feasible, including through the use of the best available technologies, and the potential effects, risks and uncertainties of those alternatives;

(j) potential changes to the reviewable project that may be caused by the environment;

(k) other prescribed matters.

Advice from consultants, mediators and experts during assessment

26   (1) The chief executive assessment officer and, subject to any restrictions imposed by the minister, an assessment body appointed under section 24 (3) (a) may retain consultants, mediators and experts and set their remuneration and the terms of their retainers.

(2) All or part of the advice and recommendations of consultants, mediators and experts retained under subsection (1) may be reflected in the assessment report and in any recommendations submitted to the ministers under section 29 (2).

Application for environmental assessment certificate

27   (1) The proponent of a reviewable project for which an environmental assessment certificate is required may apply for an environmental assessment certificate in writing to the chief executive assessment officer.

(2) Within 180 days of receiving an application under subsection (1), the chief executive assessment officer must

(a) publish an application received under subsection (1) for 30 days and invite comment from the public on the application, and

(b) provide notice to the proponent

(i) of the results of the invitation made under paragraph (a),

(ii) respecting matters addressed in advice, if any, provided by the technical advisory committee or the community advisory committee, and

(iii) respecting any other matter the chief executive assessment officer considers relevant.

(3) After receiving the notice provided under subsection (2) (b), a proponent may submit a revised application for an environmental assessment certificate.

(4) The chief executive assessment officer may accept a revised application for review only if the chief executive assessment officer is satisfied that the revised application

(a) contains the information required by a process order issued, and

(b) responds to the matters set out in the notice provided under subsection (2) (b).

(5) Before deciding whether to accept a revised application under subsection (4), the chief executive assessment officer must seek to achieve, with respect to the sufficiency of the application under subsection (4), consensus with participating Indigenous nations.

(6) The proponent of a reviewable project for which the minister has made a determination under section 24 may apply for an environmental assessment certificate in the manner determined by the minister.

Effects assessment

28   (1) Without limiting sections 19 or 24, on accepting a revised application for review under section 27, the chief executive assessment officer or assessment body, as applicable, must

(a) provide notice to the proponent of the acceptance of the revised application for review,

(b) publish a notice that the application meets the applicable requirements of an order issued under section 19 and has been accepted for review, and

(c) proceed with the assessment procedures determined under section 19 or 24.

(2) On completion of the assessment, the chief executive assessment officer or assessment body, as applicable, must do all of the following:

(a) prepare the following:

(i) a draft assessment report;

(ii) a draft environmental assessment certificate, with certificate conditions and project description;

(b) publish the documents referred to in paragraph (a) for at least 30 days and invite comment from the public on those documents;

(c) consider the public comments received and prepare final versions of the documents referred to in paragraph (a), adjusting those documents as the chief executive assessment officer or assessment body, as applicable, considers appropriate.

(3) Before complying with subsection (2) with respect to a project, the chief executive assessment officer must seek to achieve, with respect to the matters referred to in that subsection, consensus with participating Indigenous nations.

Decision on application for environmental assessment certificate

29   (1) Subject to subsection (2), on completion of the requirements set out in section 28 (2) (c), the chief executive assessment officer or assessment body, as applicable, must refer the proponent's revised application for an environmental assessment certificate to the ministers for a decision under subsection (4) of this section.

(2) A referral under subsection (1) must be made no later than 150 days from acceptance of a proponent's revised application and be accompanied by all of the following:

(a) the final versions of the documents referred to in section 28 (2) (c);

(b) recommendations respecting the ministers' decision under subsection (4) of this section, including

(i) recommendations respecting whether the project is consistent with the promotion of sustainability by protecting the environment and fostering a sound economy and the well-being of British Columbians and their communities,

(ii) recommendations respecting the matters referred to in section 25,

(iii) a recommendation respecting the duration of the environmental assessment certificate, if issued, and

(iv) reasons for the recommendations;

(c) notification, if any, provided, during the period referred to in section 28 (2) (b), by a participating Indigenous nation of the nation's consent or lack of consent to issuing the environmental assessment certificate and reasons for that consent or lack of consent;

(d) information, if any, respecting an arrangement reached with a participating Indigenous nation in relation to the potential effects of the project on the nation.

(3) Before making a recommendation for the purposes of subsection (2) (b) (i), the chief executive assessment officer must seek to achieve, with respect to the recommendation, consensus with participating Indigenous nations.

(4) Subject to subsection (5), on receipt of a referral under subsection (1), the ministers

(a) must consider, in addition to the material referred to in subsection (2), the sustainability purpose referred to in section 2 (2) (b) (i), the reconciliation purpose referred to in section 2 (2) (b) (ii) and the prescribed matters, if any,

(b) may consider any other matters that they consider relevant to the public interest in making their decision on the application, and

(c) must, within 30 days of receiving the referral,

(i) issue an environmental assessment certificate to the proponent and attach any conditions to the certificate that the ministers consider necessary, including, without limitation, conditions respecting payments to be made for initiatives to mitigate effects of the project, or

(ii) refuse to issue the certificate to the proponent.

(5) If a recommendation under subsection (2) (b) (i) is contrary to the consent or lack of consent indicated in a notice referred to in subsection (2) (c), the ministers must, before making a decision under subsection (4) (c), offer to meet with the participating Indigenous nation that provided the notice.

(6) If the offer referred to in subsection (5) is accepted within 3 days of the offer being made, the ministers must

(a) provide a notice to the proponent that a meeting with the participating Indigenous nation will take place for the purposes of this section, and

(b) attend the meeting in an attempt to achieve consensus with the participating Indigenous nation on the decision to be made by the ministers under subsection (4) (c).

(7) The ministers must publish reasons for a decision made under subsection (4) (c) and must, in a case where a notification referred to in subsection (2) (c) indicates a lack of consent and the ministers' decision is to issue an environmental assessment certificate, provide reasons for why the decision to issue the certificate was made.

(8) The chief executive assessment officer must, at the request of the ministers, assist the ministers with the exercising of their powers and the carrying out of their duties under this section.

Mitigation effectiveness reports

30   The holder of an environmental assessment certificate must, in accordance with the direction of the chief executive assessment officer, report to the chief executive assessment officer respecting the effectiveness of mitigation measures specified in the certificate.

Duration and effect of certificate

31   (1) An environmental assessment certificate must specify a deadline, not more than 10 years after the issue date of the certificate, by which deadline the holder of the certificate, in the reasonable opinion of the minister, must have substantially started the project.

(2) The holder of an environmental assessment certificate may apply in writing to the chief executive assessment officer for an extension of the deadline specified in the environmental assessment certificate, providing reasons for why the holder wishes an extension of the deadline.

(3) On receipt of an application under subsection (2), the chief executive assessment officer must complete a review of

(a) the application, and

(b) the reasons provided under subsection (2),

in accordance with any procedure determined by the minister or the chief executive assessment officer to assess the proposed extension.

(4) The chief executive assessment officer may, on an application under subsection (2),

(a) extend the deadline specified in the environmental assessment certificate, on one occasion only, for not more than 5 years, and attach any additional conditions that the minister or chief executive assessment officer considers appropriate, or

(b) refuse to extend the deadline.

(5) Before making a decision under subsection (4) with respect to a project, the chief executive assessment officer must seek to achieve, with respect to the application being considered under that subsection, consensus with participating Indigenous nations.

(6) If, in the reasonable opinion of the minister, the project has not yet been substantially started by the deadline specified in the environmental assessment certificate or by the end of the period of the extension if an extension is granted under subsection (4), the environmental assessment certificate expires.

(7) If, in the reasonable opinion of the minister as set out in subsection (1) or (6), a reviewable project is substantially started, the certificate remains in effect for the life of the project, subject to cancellation or suspension under section 56.

(8) Despite the expiry of a certificate,

(a) any conditions in the certificate respecting the decommissioning of the project or reclamation activities remain in effect, and

(b) the minister may issue an order to the former certificate holder respecting decommissioning of the project and reclamation activities.

(9) Section 53 (2) to (6) applies to orders made under subsection (8) (b) of this section.

Amending environmental assessment certificate

32   (1) The holder of an environmental assessment certificate or exemption order may apply in writing to the chief executive assessment officer to amend the certificate or order, providing the holder's reasons for the application.

(2) The chief executive assessment officer must consider an application under subsection (1) and the reasons provided, in accordance with any procedures determined by the chief executive assessment officer for the assessment of the proposed change, including any time limits.

(3) After considering the application under subsection (1), the chief executive assessment officer, or the minister if the chief executive assessment officer refers the application to the minister, must

(a) amend the environmental assessment certificate or exemption order, varying or removing conditions of the certificate or order or attaching new conditions to the certificate or order that the chief executive assessment officer or minister considers necessary, or

(b) refuse to amend the certificate.

(4) The chief executive assessment officer must provide notice of a decision under subsection (3) to the holder of the environmental assessment certificate.

(5) The chief executive assessment officer may, without application under subsection (1), amend an environmental assessment certificate or exemption order as described in subsection (3) (a) if

(a) a person, board, tribunal or agency that has issued or is considering whether to issue an approval under another enactment respecting the project recommends that the amendment be made,

(b) the chief executive assessment officer considers the amendment appropriate given a report under section 30 or 74,

(c) in the case of an environmental assessment certificate that has a deadline specified under section 31 (1) of 5 years or more, the fifth anniversary of the issuance of the certificate has occurred, or

(d) an application has been made under section 31 (2).

(6) An amendment under subsection (5) (c) may not be made later than 6 months after the anniversary referred to in that provision.

(7) Before making a decision under subsection (3), (5) (b), (5) (c) or (5) (d) with respect to a project, the chief executive assessment officer must seek to achieve, with respect to the amendment, consensus with participating Indigenous nations.

(8) Before making a decision under subsection (5) (a) with respect to a project, the chief executive assessment officer must be satisfied that the applicable of the person, board, tribunal or agency referred to in that subsection sought to achieve, with respect to the amendment, consensus with participating Indigenous nations.

Transfer of certificate or exemption

33   (1) On application by the holder of an environmental assessment certificate or exemption order, the chief executive assessment officer may transfer the certificate or order to another person on any conditions the chief executive assessment officer considers appropriate.

(2) An application under subsection (1) must be made in accordance with the requirements of the chief executive assessment officer.

(3) The chief executive assessment officer may make requirements for the purposes of this section that apply generally or with respect to a specific reviewable project.

Part 6 — Special Provisions for Environmental Assessment Process

Class assessments and their effect on application requirements

34   (1) The chief executive assessment officer may undertake and approve

(a) partial class assessments that address the matters referred to in section 25 in relation to a specified category of reviewable projects, or

(b) a full class assessment of the matters referred to in section 25 in relation to a specified category of reviewable projects.

(2) The chief executive assessment officer may specify conditions and circumstances under which

(a) a proponent of a reviewable project in a specified category referred to in subsection (1) (a), in applying for an environmental assessment certificate, is exempt from the requirement to provide information for the assessment of effects of the type that were the subject of the partial class assessment, or

(b) a proponent of a reviewable project in a specified category referred to in subsection (1) (b) may proceed with the reviewable project without an assessment or environmental assessment certificate, subject to compliance with the requirements for the project under other enactments.

(3) Before exercising a power under subsection (1) or (2), the chief executive assessment officer must seek to achieve consensus with Indigenous nations having rights recognized and affirmed by section 35 of the Constitution Act, 1982 that could be affected by the assessment.

(4) A proponent of a reviewable project in a specified category referred to in subsection (1) (a) to whom subsection (2) (a) applies must comply with the requirements of the relevant partial class assessment referred to in subsection (1) (a).

(5) A proponent of a reviewable project in a specified category referred to in subsection (1) (b) to whom subsection (2) (b) applies must comply with

(a) the requirements of the relevant full class assessment referred to in subsection (1) (b), and

(b) the requirements for the project under other enactments.

Regional assessments

35   (1) The minister may direct the chief executive assessment officer or an assessment body to do the following, in accordance with terms of reference established by the minister and with regulations made under subsection (3):

(a) undertake an assessment of the environmental, economic, social, cultural and health effects of any projects in a region of the province;

(b) provide a report and recommendations to the minister at the conclusion of the assessment.

(2) Before making a direction under subsection (1), the minister must seek to achieve consensus respecting the direction and the terms of reference with Indigenous nations having rights recognized and affirmed by section 35 of the Constitution Act, 1982 that could be affected by the assessment.

(3) The Lieutenant Governor in Council may make regulations respecting regional assessments under this section, including, without limitation, regulations respecting

(a) the scope, conduct and funding of an assessment under this section, and

(b) the obligations of the minister when an Indigenous nation proposes that an assessment be carried out under this section.

Policy direction from ministers during assessment

36   (1) If an application for an environmental assessment certificate is considered under section 27, or an application to amend an environmental assessment certificate is reviewed under section 32, the chief executive assessment officer, either before or during the consideration or review, may refer a policy matter to the minister responsible or ministers responsible for the policy area for clarification and direction.

(2) Any clarification and direction provided under subsection (1) to the chief executive assessment officer by one or more ministers must be reflected in the assessment conducted by the chief executive assessment officer under section 27 or 32.

(3) The minister or ministers providing clarification and direction under this section may also recommend to the ministers responsible for making a decision under section 29 (4) that

(a) the assessment being conducted by the chief executive assessment officer be terminated, and

(b) an environmental assessment certificate not be issued for the reviewable project that is the subject of the assessment.

(4) On receipt of any recommendations under subsection (3), or if the ministers to whom a referral is made under subsection (1) are the same ministers who are responsible for making a decision under section 29 (4), the ministers may

(a) terminate the review, and provide notice to the proponent that an environmental assessment certificate will not be issued for the project, providing reasons for their decision, or

(b) decline to terminate the review, and instruct the chief executive assessment officer to continue the assessment in accordance with any direction they may provide.

Approvals under other enactments

37   (1) The minister, in relation to an application for an environmental assessment certificate referred to that minister for a determination under section 24,

(a) may require the chief executive assessment officer or an assessment body, as applicable, to inquire into and recommend whether applications made by the proponent for one or more approvals under other enactments that the minister specifies should be approved, and

(b) if approval is recommended, and the ministers issue an environmental assessment certificate, may order the person, board, tribunal or agency that has the authority to issue the approvals under other enactments to issue them

(i) within a specified time,

(ii) in accordance with any conditions specified in the order, and

(iii) subject to other reasonable conditions that the person, board, tribunal or agency considers appropriate.

(2) Despite another enactment, the issuance of an approval under another enactment specified under subsection (1) is

(a) final and binding, and

(b) not subject to review or appeal under that specified enactment or under the Act of which that enactment forms a part.

Time limits

38   (1) If the minister or chief executive assessment officer considers it appropriate in the circumstances, the minister or chief executive assessment officer, on the minister's or officer's own initiative or on application by the proponent or a participating Indigenous nation, may

(a) extend or impose a time limit for doing anything under this Act, and

(b) impose conditions in making an extension or imposing a time limit.

(2) Subsection (1) does not apply with respect to section 31.

(3) An extension of a time limit may be made under subsection (1) even if the previous time limit has expired.

Termination of assessment

39   The minister or chief executive assessment officer may terminate an assessment under this Act in any of the following circumstances:

(a) one year has elapsed since the notice under section 13 (5) was provided and the proponent has not submitted a detailed project description under section 15;

(b) 3 years have elapsed since a proponent was required to provide information by an order made under section 19 or 24 and the proponent has not provided the information;

(c) one year has elapsed since the notice under section 27 (2) (b) was provided and the proponent has not submitted a revised application under section 27 (3);

(d) the proponent otherwise fails to do something required under the Act by the time required.

Project information centre

40   (1) For the purpose of facilitating public access to information, data and records relating to assessments conducted under this Act, the project information centre is continued and must be administered and maintained by the chief executive assessment officer.

(2) The chief executive assessment officer may determine

(a) which information, data and records or classes of information, data and records relating to any matter under this Act are to be available to the public through the project information centre,

(b) in which form or format the records or classes of records are to be available, and

(c) the time during which the records are to be available.

Agreements

41   (1) The minister may enter into an agreement with respect to any aspect of an assessment or of an assessment under section 35 or 73 with the following:

(a) the government of Canada;

(b) the government of one or more provinces or territories;

(c) one or more Indigenous nations;

(d) one or more municipalities or regional districts in British Columbia;

(e) one or more neighbouring jurisdictions outside Canada;

(f) any agency, board, commission, ministry or other organization of British Columbia or of another jurisdiction.

(2) Without limiting subsection (1) but subject to subsection (5), an agreement under this section may

(a) provide for a means to substitute another party's or jurisdiction's assessment for an assessment required under this Act, and

(b) establish procedures with another party or jurisdiction to cooperatively complete an assessment of and regulate a reviewable project.

(3) For certainty, subsection (2) (a) does not authorize the minister to delegate the ministers' authority to make a decision under section 29.

(4) If an Indigenous nation indicates interest in entering into an agreement under subsection (1), the chief executive assessment officer must, within 6 months of receiving that indication, enter into discussions with the Indigenous nation if the chief executive assessment officer is satisfied that it is appropriate to do so given

(a) the projects currently undergoing or anticipated to undergo an assessment under this Act that will affect the Indigenous nation, and

(b) other discussions taking place or impending under this subsection.

(5) The minister may not enter into an agreement under subsection (1) with respect to the matter referred to in subsection (2) (a) unless the minister is satisfied that the substituted assessment will do all of the following:

(a) take into consideration all of the matters referred to in section 25;

(b) give provincial authorities under other provincial enactments an opportunity to participate in the assessment;

(c) require obligations respecting the seeking of consensus with participating Indigenous nations that are similar to obligations under this Act;

(d) give the public an opportunity to participate in the assessment and to access records under the assessment;

(e) result in a report submitted to the chief executive assessment officer for referral to the ministers for a decision;

(f) give the chief executive assessment officer a right to require from the other party or jurisdiction further information regarding the assessment after the chief executive assessment officer has reviewed the report referred to in paragraph (e).

(6) The minister may not enter into an agreement under subsection (1) if the agreement would alter an obligation to seek consensus with participating Indigenous nations under this Act or limit a participating Indigenous nation's opportunity to provide notice under section 29 (2) (c).

Variations to accommodate agreements with other jurisdictions

42   Effective on the date of an agreement under section 41, and for as long as the agreement remains in effect, both this Act and the regulations are by this section deemed to be varied, in their application to or in respect of a reviewable project that is the subject of the agreement, to the extent necessary to accommodate that agreement.

Agreements with Nisga'a Nation

43   The minister may enter into agreements for the purposes set out in paragraph 1 of chapter 10 [Environmental Assessment and Protection] of the Nisga'a Final Agreement.

Agreements and consultations with treaty first nations

44   (1) If a final agreement requires the government to negotiate with a treaty first nation and attempt to reach agreement on harmonizing the government's and treaty first nation's procedures in relation to evaluating proposed developments on the treaty lands of the treaty first nation, the minister, on behalf of the government, may enter into an agreement reached in the negotiation.

(2) If a reviewable project

(a) is proposed for land specified in a final agreement as land in relation to which notice of a reviewable project is required in the circumstances described in paragraph (b), and

(b) may reasonably be expected to adversely affect the treaty lands of the treaty first nation, the residents of those treaty lands or the rights of the treaty first nation under the final agreement,

the chief executive assessment officer, on receiving the proposal, must

(c) promptly provide notice of the project, along with relevant information about the project, to the treaty first nation,

(d) consult, within the meaning of the final agreement of the treaty first nation, with the treaty first nation, and

(e) ensure that the treaty first nation has an opportunity to participate in any environmental assessment of the project.

Suspension of assessment process pending other inquiries

45   (1) At any time before a decision is made under section 29 (4) about the proponent's revised application for an environmental assessment certificate or before a decision is made under section 32 (3) about the proponent's application to amend an environmental assessment certificate, the minister may, by order, suspend a process under this Act until the outcome is reached of any investigation, inquiry, hearing, assessment under section 35 or 73 or other process that

(a) is being or will be conducted by any of the following or any combination of the following:

(i) the government of British Columbia, including any agency, board or commission of British Columbia;

(ii) the government of Canada;

(iii) an Indigenous nation;

(iv) a municipality or regional district in British Columbia;

(v) a jurisdiction bordering on British Columbia;

(vi) another organization, and

(b) is material, in the reasonable opinion of the minister, to the assessment of the reviewable project under this Act.

(2) If a time limit is in effect under this Act at the time that an assessment is suspended under subsection (1), the minister may suspend the time limit until the assessment resumes.

Varying assessment process for emergency or other circumstance

46   (1) If the minister considers that

(a) there is or will be an emergency or other comparable circumstance that warrants or will warrant the variation of one or more provisions of this Act or the regulations, as the provisions apply to or in respect of a specified reviewable project or a specified category of reviewable projects, and

(b) the variation is in the public interest,

the minister may order a variation that the minister considers necessary to respond to the emergency or other circumstance.

(2) The minister may

(a) attach conditions to an order made under subsection (1),

(b) categorize reviewable projects for the purpose of an order made under this section, including into categories that may differ from the categories of reviewable projects prescribed under section 9, and

(c) provide differently in an order under this section for different reviewable projects or for different categories of reviewable projects.

(3) An order under subsection (1) is final and binding.

(4) In an order under subsection (1), the minister must identify the nature of the emergency or other circumstance.

Assessment costs may be recovered

47   (1) The minister or chief executive assessment officer may order the proponent of a reviewable project or the holder of an environmental assessment certificate to pay prescribed fees or prescribed charges for all or part of the costs that are or were incurred by or on behalf of an assessment body in carrying out an assessment of the reviewable project under this Act or in administering this Act.

(2) The chief executive assessment officer may require the proponent of a reviewable project or the holder of an environmental assessment certificate to provide security, in the amount and form, and subject to the conditions, specified by the chief executive assessment officer, against the non-payment of fees or charges under this Act.

(3) If the proponent of a reviewable project or the holder of an environmental assessment certificate fails to pay a fee or charge required to be paid under this Act, the chief executive assessment officer, after providing notice to the proponent or holder to remedy the failure, may apply all or part of the security toward payment of the fee or charge.

(4) The chief executive assessment officer may refund to the proponent or holder all or a portion of the security provided by the proponent under this section, and interest earned on the security, if the chief executive assessment officer considers the refunded amount is no longer required for the purpose referred to in subsection (2).

Participation costs

48   (1) The chief executive assessment officer may establish a tariff of costs to be paid by proponents to participating Indigenous nations to defray the nations' following costs:

(a) costs of participating in an assessment, including participating in proceedings under section 5;

(b) costs of assisting with inspections under section 49.

(2) Without limiting subsection (1), a tariff established under that subsection may set out different costs for different classes of costs and for different classes of projects depending on

(a) the size and complexity of the projects,

(b) potential effects of the projects on Indigenous nations, and

(c) any other criteria the chief executive assessment officer considers appropriate.

Part 7 — Compliance and Enforcement

Inspection power

49   (1) The chief executive assessment officer may appoint individuals, by name or by title, as compliance and enforcement officers.

(2) In making appointments under subsection (1), the chief executive assessment officer may restrict the powers of the individuals appointed to a subset of powers set out in this Act.

(3) For any purpose related to the administration of this Act or the regulations, a compliance and enforcement officer may enter at any reasonable time on property that is the site of a reviewable project or on property that is the site of facilities that are ancillary to the reviewable project or on any other property where the officer reasonably believes that relevant things referred to in paragraphs (b) to (d) may be stored, and may do any or all of the following:

(a) inspect any works or activity connected with the reviewable project;

(b) take away samples;

(c) examine and take away copies of records related to the reviewable project;

(d) use any machine, structure, material or equipment in the place that is being inspected as is necessary to carry out the inspection;

(e) take photographs or make audio or video records.

(4) A compliance and enforcement officer who enters on property under subsection (3), on request of a person present on the property, must provide evidence to the person of the officer's authorization to enter the property.

(5) A person must, on request of a compliance and enforcement officer,

(a) produce, without charge or unreasonable delay, for examination by the compliance and enforcement officer any document related to the reviewable project as requested by the officer,

(b) provide the compliance and enforcement officer with information relevant to the purposes of the inspection, and

(c) operate a thing, carry out a procedure or demonstrate a relevant skill, as the officer directs.

(6) A person must not

(a) obstruct or interfere with a compliance and enforcement officer acting under the authority of this section, or

(b) withhold, destroy, tamper with, alter, conceal or refuse to produce anything requested under subsection (5).

(7) A compliance and enforcement officer who enters on property under subsection (3) may take with the officer any individuals and equipment that may be necessary for the purpose of the entry.

Compliance and enforcement agreements

50   (1) The chief executive assessment officer may enter into an agreement with any of the entities referred to in section 41 (1) respecting the exercising of the powers under section 49, 52 or 53.

(2) In addition to the power referred to in section 4, the chief executive assessment officer may, in an agreement under subsection (1), delegate a power referred to in that section.

(3) If an Indigenous nation indicates interest in entering into an agreement under subsection (1), the chief executive assessment officer must, within 6 months of receiving that indication, enter into discussions with the Indigenous nation unless the chief executive assessment officer considers that there are insufficient resources to enter into those discussions at that time.

Protection of compliance and enforcement officers

51   (1) Subject to subsection (2), no legal proceedings for damages lie or may be commenced or maintained against a compliance and enforcement officer for anything done or omitted

(a) in the performance or intended performance of any duty under this or another enactment, or

(b) in the exercise or intended exercise of any power under this or another enactment.

(2) Subsection (1) does not apply in relation to anything done or omitted in bad faith.

(3) Subsection (1) does not absolve the government from vicarious liability arising out of anything done or omitted by a compliance and enforcement officer for which the government would be vicariously liable if this section were not in force.

Investigation power

52   (1) On information on oath from a compliance and enforcement officer that there are reasonable grounds to believe that an offence under this Act has occurred or is occurring, a justice, on being satisfied that an entry and a search are likely to provide evidence of such an offence, may issue a warrant authorizing a compliance and enforcement officer

(a) to enter and search the real or personal property specified in the warrant,

(b) to seize and remove anything that the officer has reasonable grounds to believe is evidence of an offence,

(c) to take other actions as the justice considers appropriate in the circumstances and authorizes in the warrant, and

(d) to take with the officer individuals and equipment that may be necessary for the purpose of the entry.

(2) Despite subsection (1), a compliance and enforcement officer may do the following without a warrant, if the conditions for obtaining a warrant exist but because of exigent circumstances it is not practicable to obtain the warrant:

(a) search real or personal property;

(b) seize and remove anything that the officer has reasonable grounds to believe may provide evidence of the commission of an offence under this Act.

(3) For the purposes of subsection (2), "exigent circumstances" means circumstances in which the delay necessary to obtain the warrant would result in danger to human life or safety or the loss or destruction of evidence.

Order to cease or remedy

53   (1) If the chief executive assessment officer considers that there is or is likely to be a contravention of this Act, an environmental assessment certificate or an exemption order, the chief executive assessment officer may order a person to

(a) stop doing something that is or is likely to be in contravention of this Act, the certificate or the order, or cause it to be stopped,

(b) take any measure that the chief executive assessment officer considers necessary in order to comply with this Act, the certificate or exemption order to mitigate the effects of non-compliance, or

(c) cease, either altogether or to the extent specified by the chief executive assessment officer, the construction, operation, modification, dismantling or abandonment of anything or any other activities under the certificate or order.

(2) If the person does not comply with the order within the time specified, the chief executive assessment officer may carry out the measures required.

(3) An order under this section may be made to apply generally or to one or more persons named in the order.

(4) Costs incurred by the chief executive assessment officer under subsection (2) may be recovered as a debt due to the government.

(5) If a person fails to pay a debt referred to in subsection (4), the chief executive assessment officer may file a certificate in a court that has jurisdiction and, upon filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.

(6) A certificate under subsection (5) may be in the prescribed form, must be signed by the chief executive assessment officer and must contain

(a) the name of the person who is liable for the debt,

(b) the contravention or failure in relation to which the costs were incurred, and

(c) the amount of the costs.

Supreme Court order for compliance

54   (1) If the minister considers that any person or organization is not complying or has not complied with an order made under this Act, the minister may apply to the Supreme Court for either or both of the following:

(a) an order directing the person or organization to comply with the order or restraining the person or organization from violating the order;

(b) an order directing the directors and officers of the person or organization to cause the person or organization to comply with or cease violating the order.

(2) On application by the minister under this section, the Supreme Court may make an order it considers appropriate.

Compliance agreement

55   (1) If the minister considers it appropriate to do so, the minister may give the holder of an environmental assessment certificate or exemption order an opportunity to make a written compliance agreement with the minister, by which the holder undertakes to comply with the environmental assessment certificate or exemption order within the time and on the terms specified in the agreement.

(2) Despite a written compliance agreement, the minister may make an order referred to in section 53 in respect of the holder of an environmental assessment certificate or exemption order or another person that is the subject of an order under section 53

(a) on matters not covered by the agreement,

(b) on matters covered in the agreement if the agreement is not complied with, and

(c) on matters covered in the agreement if not all the material facts related to those matters were known by the minister at the time of the agreement.

Suspension, cancellation and amendment of certificates and exemption orders

56   (1) If the minister considers that a circumstance listed in subsection (2) is the case, the minister may, by order,

(a) suspend all or some of the rights of the holder of an environmental assessment certificate or exemption order under the certificate or order or cancel an environmental assessment certificate or exemption order, or

(b) amend or attach new conditions to an environmental assessment certificate or exemption order.

(2) The circumstances referred to in subsection (1) are the applicable of the following:

(a) the holder of the environmental assessment certificate does not substantially start the project by the deadline specified in the certificate;

(b) on the twentieth anniversary of the issuance of the certificate the project is not operational;

(c) the minister has reasonable and probable grounds to believe that the holder of the certificate or exemption order is in default of

(i) an order of the Supreme Court made under section 54, 69 or 71,

(ii) an order of the chief executive assessment officer or minister made under section 53 or 55 (2), as the case may be, or

(iii) one or more requirements of the certificate;

(d) the holder of the certificate or exemption order has been convicted of an offence under this Act;

(e) the holder of the certificate or exemption order is in default of an order made under section 47 to pay costs;

(f) the holder of the certificate or exemption order fails to pay a penalty imposed under section 60 within the prescribed time.

(3) Any amendment made or condition attached to an environmental assessment certificate or exemption order under this section is conclusively deemed to be part of the certificate or order, whether contained in or attached to it or contained in a separate document.

(4) The chief executive assessment officer, on request by a holder of an environmental assessment certificate or exemption order, may, by order, cancel the environmental assessment certificate or rescind the order.

(5) The chief executive assessment officer may attach conditions the officer considers necessary to an order made under subsection (4).

Notice requirements

57   (1) Except in a situation that the minister considers to be an emergency that warrants immediate action without notice to the holder or former holder of an environmental assessment certificate, the minister must not make an order under section 56 without first giving the holder or former holder an opportunity to be heard.

(2) Immediately after the minister makes an order under section 56 or provides notice under subsection (1) of this section, the chief executive assessment officer must deliver a copy of the order to the holder of the certificate or the former holder, as the case may be.

(3) Not later than 15 days after delivery under subsection (2) of a copy of the order, the holder or former holder of the certificate, if not given an opportunity to be heard before the making of the order, may require an opportunity to be heard by the minister, by written notice provided to the minister.

Opportunity to be heard

58   As soon as practicable after receiving written notice under section 57 (3), the minister must give the holder or former holder who provided the notice an opportunity to be heard.

Reinstatement of certificate

59   The minister may, by order,

(a) cancel a condition attached to an environmental assessment certificate or exemption order under section 56, or

(b) subject to any conditions the minister considers appropriate, reinstate an environmental assessment certificate or exemption order that has been suspended or cancelled under section 56.

Administrative penalties

60   (1) Subject to the regulations, if the chief executive assessment officer is satisfied on a balance of probabilities that a person has

(a) contravened a prescribed provision of this Act or the regulations,

(b) failed to comply with

(i) an order under this Act, or

(ii) an environmental assessment certificate, or

(c) made a statement in a record filed or provided under this Act that is false or misleading with respect to a material fact or that omits to state a material fact, the omission of which makes the statement false or misleading,

the chief executive assessment officer may serve the person with a determination requiring the person to pay an administrative penalty in the amount specified in the determination.

(2) A determination under subsection (1) must be in the prescribed form and contain the prescribed information.

(3) An administrative penalty imposed under this section must be paid within the prescribed time.

(4) If the chief executive assessment officer provides an administrative penalty notice to a person in respect of a contravention, failure or statement referred to in subsection (1), a prosecution for an offence under this Act in respect of the same contravention, failure or statement may not be brought against the person.

(5) If a corporation contravenes a provision referred to in subsection (1) (a), fails to comply as set out in subsection (1) (b) or makes a statement as described in subsection (1) (c), an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the contravention, failure or statement is also liable under this section even though the corporation is liable for or pays an administrative penalty.

Effect of charging an offence

61   A person who has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge.

Recovery of administrative penalties

62   (1) An administrative penalty under this Act may be recovered as a debt due to the government.

(2) If a person fails to pay an administrative penalty as required under section 60, the chief executive assessment officer may file a certificate in a court that has jurisdiction and, upon filing, the certificate has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the court with which it is filed.

(3) A certificate under subsection (2) may be in the prescribed form, must be signed by the chief executive assessment officer and must contain

(a) the name of the person who is liable for the penalty,

(b) the contravention or failure in relation to which the penalty is imposed, and

(c) the amount of the penalty that remains unpaid.

Offences

63   (1) Section 5 of the Offence Act does not apply to this Act or the regulations.

(2) A person who does any of the following commits an offence:

(a) contravenes section 6 (1) or (2) or 49 (5) or (6);

(b) fails to comply with

(i) an order under this Act, or

(ii) an environmental assessment certificate;

(c) makes a statement in a record filed or provided under this Act that is false or misleading with respect to a material fact or that omits to state a material fact, the omission of which makes the statement false or misleading.

(3) A person does not commit an offence under subsection (2) (c) if, at the time of the statement, the person did not know that the statement was false or misleading and could not reasonably have known that the statement was false or misleading.

(4) If a corporation commits an offence under this Act, any employee, officer, director or agent of the corporation who authorizes, permits or acquiesces in the offence commits the same offence, whether or not the corporation is convicted of the offence.

(5) If a contravention continues for more than one day, the offender is liable to a separate penalty, without notice and without a separate count being laid, for each day that the contravention occurs.

Effect of voluntary compliance agreement

64   A holder of an environmental assessment certificate that

(a) enters into a voluntary compliance agreement approved under section 55 by the minister, and

(b) is complying fully with the agreement

does not commit an offence under section 63 (2) in respect of a contravention of this Act that the agreement is intended to rectify.

Penalties

65   A person who commits an offence under section 63 is liable,

(a) in the case of a corporation on a first conviction, to a fine of not more than $1 000 000 and, on each subsequent conviction, to a fine of not more than $2 000 000, and

(b) in the case of an individual

(i) on a first conviction, to a fine of not more than $1 000 000 or to imprisonment for not more than 6 months or to both, and

(ii) on each subsequent conviction, to a fine of not more than $2 000 000 or to imprisonment for not more than 12 months or to both.

Creative sentencing

66   (1) If a person is convicted of an offence under this Act, in addition to any punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order that does one or more of the following:

(a) prohibits the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

(b) directs the person to take any action the court considers appropriate to remedy or avoid any harm to the environment that resulted or may result from the commission of the offence;

(c) directs the person to pay the government an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the government as a result of the commission of the offence;

(d) directs the person to perform community service;

(e) directs the person to post a bond or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section;

(f) directs the person to publish, in any manner and by the time the court considers appropriate, the facts relating to the commission of the offence;

(g) requires the person to comply with any other conditions that the court considers appropriate for securing the person's good conduct and for preventing the person from repeating the offence or committing other offences under this Act.

(2) If a person fails to comply with an order referred to in subsection (1) (f) directing the person to publish the facts relating to the commission of an offence, the minister may publish those facts and recover the costs of publication from the person.

(3) If an order under this section directs a person to pay an amount of money as compensation or for any other purpose, or if the minister incurs publication costs under subsection (2), the amounts and any interest payable on those amounts constitute a debt due to the government and may be recovered as such in any court of competent jurisdiction.

(4) A person who contravenes an order under this section commits an offence and is liable to the penalties provided for the offence in relation to which the order was made.

Variation of section 66 orders

67   (1) An application for variation of an order under section 66 may be made to the court that made the order by

(a) the Attorney General, or

(b) the person against whom the order under section 66 was made.

(2) Before hearing an application under subsection (1), the court may order the applicant to provide notice of the application in accordance with the directions of the court.

(3) On an application under subsection (1), if the court considers variation appropriate because of a change in circumstances, the court may make an order that does one or more of the following:

(a) changes the original order or any conditions specified in it;

(b) relieves the person referred to in subsection (1) (b) absolutely or partially from compliance with all or part of the original order;

(c) reduces the period for which the original order is to remain in effect;

(d) extends by no more than one year the period for which the original order is to remain in effect.

(4) If an application under subsection (1) has been heard by a court, no other application may be made in respect of the order under section 66 except with leave of the court.

Remedies preserved

68   Subject to sections 60 (4) and 61, a proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.

Court order to comply

69   If a person is convicted of an offence under this Act, then, in addition to any punishment the court may impose, the court may order the person to comply with the provisions of this Act.

Limitation period

70   A proceeding for an offence under this Act may not be commenced in any court more than 3 years after the facts on which the proceedings are based first come to the knowledge of the minister.

Restitution

71   If a person is convicted of an offence under this Act, then, in addition to any other penalty, the court may order the person convicted to pay compensation or make restitution.

Part 8 — General Provisions

Ministerial delegation

72   The minister may delegate in writing to any employee of the office any power or duty conferred or imposed on the minister under this Act.

Strategic assessments

73   (1) The minister may direct the chief executive assessment officer to do the following, in accordance with terms of reference established by the minister:

(a) undertake an assessment of any policy, enactment, plan, practice or procedure of the government;

(b) provide a report and recommendations to the minister at the conclusion of the assessment.

(2) Before making a direction under subsection (1), the minister must seek to achieve, with respect to the direction and the terms of reference, consensus with Indigenous nations having rights recognized and affirmed by section 35 of the Constitution Act, 1982 that could be affected by the assessment.

(3) The Lieutenant Governor in Council may make regulations respecting

(a) the scope, conduct and funding of an assessment under this section, and

(b) the obligations of the office when an Indigenous nation proposes that an assessment be carried out under this section.

Audits

74   (1) The chief executive assessment officer may order an independent audit of the carrying out of a reviewable project that has been issued an environmental assessment certificate or exemption order.

(2) An order under subsection (1) must include terms of reference for the audit, which may include terms of reference respecting the use of new mitigation measures.

(3) If requested by an auditor appointed for the purposes of subsection (1), the holder of the environmental assessment certificate or exemption order must submit records in its possession that the auditor determines are relevant to the audit.

(4) Before an audit report is finalized, the auditor must provide to the holder of the environmental assessment certificate or exemption order

(a) a copy of the draft audit report, and

(b) a reasonable opportunity to review and comment on the report.

(5) As soon as practicable after completing an audit, the auditor must submit the final audit report and any comments of the holder of the environmental assessment certificate or exemption order to

(a) the chief executive assessment officer, and

(b) the holder.

Confidentiality

75   (1) Any Indigenous knowledge of an Indigenous nation that is provided in confidence to the minister, the ministers, the chief executive assessment officer or a dispute resolution officer under this Act is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.

(2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed

(a) if the knowledge is publicly available,

(b) by court order,

(c) by the chief executive assessment officer, if the officer considers that the disclosure is necessary for the purposes of procedural fairness, or

(d) in the prescribed circumstances.

(3) Conditions with respect to the further disclosure of Indigenous knowledge by any person to whom it is disclosed under subsection (2) may be imposed by

(a) the court, if the Indigenous knowledge is disclosed under subsection (2) (b),

(b) the chief executive assessment officer, if the Indigenous knowledge is disclosed under subsection (2) (c), and

(c) by the prescribed person, if the Indigenous knowledge is disclosed under subsection (2) (d).

(4) The person to whom Indigenous knowledge is disclosed under subsection (3) must comply with any conditions imposed under that subsection.

Review of Act

76   Within 5 years after the date this section comes into force, the minister must initiate a review of this Act to determine what changes, if any, should be made.

Power to make regulations

77   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) In addition to regulations under subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) respecting any matter for which regulations are contemplated by this Act;

(b) respecting fees and charges for the purposes of section 47 and other fees and charges to be paid in respect of any matter in relation to which a service is provided or a duty is performed under this Act, and prescribing by whom the fees and charges are to be paid;

(c) respecting the suspension or termination of a service being provided or a duty being performed under this Act on non-payment of fees or charges or of costs under section 48;

(d) respecting administrative penalties under section 60, including

(i) setting maximum penalties that may be imposed in relation to a specified contravention or failure,

(ii) authorizing administrative penalties to be imposed on a daily basis for continuing contraventions or failures,

(iii) prescribing time limits for paying administrative penalties, and

(iv) the consequences of failing to pay an administrative penalty, which may include, but are not limited to, imposing additional penalties;

(e) respecting qualifications of individuals who may serve on the technical advisory committee, of persons who may undertake reviews referred to in section 19 (2) (c) (ii) and of persons referred to in section 19 (2) (c) (iv) or 26, including, without limitation, qualifications respecting impartiality;

(f) prescribing additional powers and duties of the chief executive assessment officer;

(g) defining a word or expression used but not defined in this Act;

(h) providing that a provision of this Act or of the regulations does not apply to or in respect of a proponent or reviewable project, and prescribing circumstances in which or conditions on which the provision is made inapplicable under this paragraph.

(3) A regulation made under subsection (2) (a) to (g) may

(a) be made applicable generally or to a specific category of proponents or reviewable projects,

(b) categorize proponents and reviewable projects for the purpose of the regulation, and

(c) provide differently for different categories of proponents and reviewable projects.

Transitional provisions

78   (1) In this section, "former Act" means the Environmental Assessment Act, S.B.C. 2002, c. 43, as it read on the day immediately before the date this section comes into force.

(2) The appointment of the executive director under the former Act is continued as an appointment as the first chief executive assessment officer under this Act.

(3) An environmental assessment certificate issued under the former Act is continued as an environmental assessment certificate under this Act.

(4) A condition in an environmental assessment certificate referred to in subsection (3) that is in respect of the transfer of the certificate to another person is, on the coming into force of this section, cancelled and section 33 of this Act applies.

(5) Despite section 56 (2) (b) of this Act, a circumstance for the purpose of section 56 (1) of this Act in relation to an environmental assessment certificate issued under the former Act is that on the later of the following dates the project is not operational:

(a) the date that is 5 years after the date this section comes into force;

(b) the twentieth anniversary of the date the certificate was issued under the former Act.

(6) Despite the repeal of the former Act and subject to subsection (7), if an order under section 11 or 14 of the former Act was issued respecting a project but a decision under section 17 of the former Act has not been made before the date this section comes into force, the former Act applies respecting both an assessment of the project and a decision under section 17 of that Act, but only if the project proponent provides a notice to the chief executive assessment officer within 6 months of this section coming into force that the proponent wishes to continue the assessment under the former Act.

(7) If an assessment continued under subsection (6) is not completed within 3 years after the date this section comes into force, or if a proponent elects not to provide a notice under subsection (6) with respect to an assessment, the assessment must be completed under this Act and the chief executive assessment officer may make an order

(a) specifying the step in the environmental assessment process under this Act to which the project must proceed, or

(b) varying the assessment process to the extent necessary to accommodate the assessment under this Act of that project.

(8) The chief executive assessment officer must give reasons for an order made under subsection (7) and may attach conditions to the order.

(9) If an application under section 19 (1) of the former Act has been made and a decision under subsection (3) of that section has not been made before the date this section comes into force, the former Act applies to that application.

(10) Records that, before the coming into force of this section, were filed or submitted under the former Act may be accepted by the chief executive assessment officer in full or partial fulfillment of the requirements of this Act.

(11) Any order, approval or decision that, immediately before the coming into force of this subsection, is in effect under the former Act

(a) is deemed to have been issued under this Act, and

(b) subject to subsection (13), continues in force until it expires or, under this Act, is suspended or cancelled.

(12) An energy operation certificate or energy project certificate under the Utilities Commission Act, S.B.C. 1980, c. 60, an order issued under section 19 (1) of that Act, a mine development certificate or mine operation certificate under the Mine Development Assessment Act, S.B.C. 1990, c. 55, or an approval given as part of the major project review process, if the certificate, order or approval is in effect immediately before the coming into force of this subsection, remains in effect, despite its term or expiry date, for the life of the project in respect of which it was issued, unless it is suspended or cancelled under this Act.

(13) During the 6-month period beginning on the date this subsection comes into force, the chief executive assessment officer, with respect to a certificate that remains in effect under subsection (3), may remove or amend, by order, any condition that requires the holder of the certificate, for the life of the certificate, to seek the written consent of the minister before materially altering the project that is the subject of the certificate.

Regulations to deal with transitional matters and difficulties

79   (1) Despite this or any other Act, the Lieutenant Governor in Council may make regulations as follows:

(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act;

(b) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of more effectively bringing this Act into operation;

(c) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any difficulties encountered in bringing this Act into effect, including, without limitation, provisions making an exception to or a modification of a provision in this Act or another enactment or providing for the application of an enactment;

(d) resolving any errors, inconsistencies or ambiguities arising in this Act.

(2) A regulation under subsection (1) may be made retroactive to a specified date that is not earlier than the date this section comes into force and, if made retroactive, is deemed to have come into force on the specified date.

(3) To the extent of any conflict between a regulation under subsection (1) and this Act or another enactment, the regulation prevails.

(4) This section and any regulations made under it are repealed 3 years after the date this section comes into force.

Consequential Amendment

[Note: See Table of Legislative Changes for the status of sections 80 and 81.]

Section(s)Affected Act
80Nisga'a Final Agreement Act

Repeal

Section(s)Affected Act
81Environmental Assessment Act, S.B.C. 2002, c. 43
Private Managed Forest Land Act

Commencement

82   This Act comes into force by regulation of the Lieutenant Governor in Council.