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Volume 45, No. 24

B.C. Reg. 370/2002

The British Columbia Gazette,

Part II

December 31, 2002

B.C. Reg. 370/2002, deposited December 19, 2002, pursuant to the ENVIRONMENTAL ASSESSMENT ACT [Sections 5 and 59]. Order in Council 1156/2002, approved and ordered December 18, 2002.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective December 30, 2002,

(

a) the Environmental Assessment Act , S.B.C. 2002, c. 43, except

section 52, is brought into force by this regulation, and

(

b) the Reviewable Projects Regulation in the attached

Schedule is made. — S. HAGEN, Minister of Sustainable Resource Management; C. CLARK, Presiding Member of the Executive Council .

Schedule

REVIEWABLE PROJECTS REGULATION

Contents

Part 1 —

Interpretation

Definitions

How to calculate total waste discharge

Reviewable projects prescribed

What assessment of construction includes

Part 2 — Industrial Projects

Definitions for

Part 2

Criteria for proposed modifications of industrial projects

Tables 1 to 5

Part 3 — Mine Projects

Definitions for

Part 3

Criteria for proposed modifications of mine projects

Table 6

Part 4 — Energy Projects

Definitions for

Part 4

Whether modification results in significant adverse effects

Tables 7 and 8

Part 5 — Water Management Projects

Definitions for

Part 5

Table 9

Part 6 — Waste Disposal Projects

Definitions for

Part 6

Criteria for proposed modifications of waste disposal projects

Tables 10 to 12

Part 7 — Food Processing Projects

Definitions for

Part 7

Criteria for proposed modifications of food processing projects

Table 13

Part 8 — Transportation Projects

Definitions for

Part 8

Table 14

Part 9 — Tourist Destination Resort Projects

Definitions for

Part 9

Table 15

Appendices 1 to 3

Part 1 —

Interpretation

Definitions

1 In this regulation:

"Act" means the Environmental

Assessment Act ;

"applicable table" , in relation to a

new project, a modification to an existing facility or a dismantling and

abandonment of an existing facility, means whichever of Tables 1 to 15, set out

in this regulation, lists in Column 1 the category of facility within which the

new or existing facility fits;

"CWF" means the contaminant weighting

factor set out in Appendix 1 for a permitted contaminant;

"existing facility" means a constructed

or substantially constructed facility, whether or not operating, but does not

include a facility that has permanently ceased operations and has been

abandoned;

"facility" means one or more physical

works or structures that have been or will be constructed as part of a project;

"foreshore" means land in tidal or

non-tidal areas that, as a result of the rise and fall of the sea or water in an

estuary or stream between the natural boundary and the ordinary low water mark,

is periodically covered by salt water or fresh water and periodically exposed;

"natural boundary" has the same meaning

as in the Land Act ;

"new facility" means a proposed

facility, or a facility for which construction has begun but which has not

started regular operations;

"SIC code" means the code assigned to a

category of projects under the "Standard Industrial Classification",

1980, Fourth Printing March 1989, published by the Minister of Supply and

Services (Canada);

"stream" has the same meaning as in the

Water Act ;

"submerged land" means land that lies

below the ordinary low water mark of a stream, marine coast line or estuary and

that is normally covered by salt water or fresh water;

"waste discharge" means the quantity of

gaseous, liquid or solid waste contaminants introduced into the environment from

a facility.

How to calculate total waste

discharge

(1) The total waste discharge for a facility is

the quantity of waste that is permitted under the Waste Management Act to

be discharged from the facility.

(2) The total waste discharge for a facility is

calculated by adding the products obtained by multiplying the CWF for each

permitted contaminant by the permitted discharge rate, in tonnes or other unit

of measurement specified in Appendix 1, for that contaminant.

Reviewable projects prescribed

(1) A new project that is in a category

described in Column 1 of the applicable table is prescribed as a reviewable

project if it meets the criteria set out opposite in Column 2.

(2) A proposed modification of an existing project that

is in a category described in Column 1 of the applicable table is prescribed as

a reviewable project if it meets the criteria set out opposite in Column 3.

(3) A proposed dismantling and abandonment of an

existing facility that is in a category described in Column 1 of the applicable

table is prescribed as a reviewable project if it meets the criteria set out

opposite in Column 4.

(4) For the purposes of subsections (1) and (2), if a

new project or the modification of an existing project requires construction of

a facility before regular operations can proceed, the time when the new project

or the modification must meet the criteria is by the time the construction is

completed.

What assessment of construction

includes

(1) Subject to subsection (2) and unless

otherwise indicated in the applicable table,

(

a) an assessment of a new project includes the

assessment of the construction, operation, dismantling and abandonment phases of

the project, and

(

b) an assessment of the modification of an existing

project includes the assessment of the construction, operation, dismantling and

abandonment phases of the modified portion of the existing project.

(2) If an applicable table includes a Column 4 setting

out the criteria that, when met, result in the dismantling and abandonment of an

existing project in that category being prescribed as a reviewable project, an

assessment of the construction of a new project in that category or of the

modification of an existing project in that category does not include an

assessment of the dismantling and abandonment phases for projects in that

category.

Part 2 — Industrial Projects

Definitions for

Part 2

5 In this Part:

"integrated paper or paperboard

manufacturing" means a plant that produces pulp as part of the process

for producing paper or paperboard;

"non-integrated paper or paperboard

manufacturing" means a plant that does not produce pulp as part of the

process for producing paper or paperboard;

"threshold A" means the criteria

described in

section 6 (1);

"threshold B" means the criteria

described in

section 6 (2);

"threshold C" means the criteria

described in

section 6 (3);

"threshold D" means the criteria

described in

section 6 (4).

Criteria for proposed

modifications of industrial projects

(1) In this Part, threshold A is met for a

proposed modification of an existing facility if

(

a) the existing facility, were it a new facility in the

same category as the existing facility as described in Column 1 of the

applicable table, would meet the criteria set out opposite in Column 2, and

(

b) the modification will result in an increase of at

least 30% in the total waste discharge from the facility.

(2) In this Part, threshold B is met for a proposed

modification of an existing facility if

(

a) the existing facility, were it a new facility in the

same category as the existing facility as described in Column 1 of the

applicable table, would meet the criteria set out opposite in Column 2, and

(

b) the modification will result in

(

i) an increase in the production capacity of the

facility of at least 35% but less than 50%, and

(ii) a decrease in the total waste discharge from the

facility of less than 10%.

(3) In this Part, threshold C is met for a proposed

modification of an existing facility if

(

a) the existing facility, were it a new facility in the

same category as the existing facility as described in Column 1 of the

applicable table, would not meet the criteria set out opposite in Column 2, and

(

b) the modification will result in

(

i) an increase in the production capacity of the

facility of at least 35%,

(ii) a facility that, were it a new facility in the same

category as the existing facility as described in Column 1 of the applicable

table, would meet the criteria set out opposite in Column 2, and

(iii) a decrease in the total waste discharge from the

facility of less than 10%.

(4) In this Part, threshold D is met for a proposed

modification of an existing facility if

(

a) the existing facility, were it a new facility in the

same category as the existing facility as described in Column 1 of the

applicable table, would meet the criteria set out opposite in Column 2, and

(

b) the modification will result in an increase in the

production capacity of the facility of at least 50%.

Table 1 — Organic and Inorganic

Chemical Industry

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing Project

Industrial Inorganic Chemical Industries not

elsewhere classified — SIC code 3711

Industrial Organic Chemical Industries not elsewhere

classified — SIC code 3712

Chemical Fertilizer and Fertilizer Materials

Industry — SIC code 3721

Mixed Fertilizer Industry — SIC code 3722

Other Agricultural Chemical Industries — SIC code

Plastic and Synthetic Resin Industry — SIC code

Paint and Varnish Industry — SIC code 3751

Other Chemical Products Industries not elsewhere

classified — SIC code 3799

Criteria:

(1) A new manufacturing facility

(

a) that has a production

capacity of > 100 000 tonnes/year, or

(

b) that

(

i) produces materials classified

under the Transportation of Dangerous Goods Act (Canada) as

"Explosives", "Flammable Solids",

"Corrosives", "Poisonous (toxic) and Infectious

Substances" or "Oxidizing Substances and Organic

Peroxides", and

(ii)

has a production capacity of > 5 000 tonnes/year.

Criteria:

(1) Modification of an existing facility that

meets

(

a) Threshold A,

(

b) Threshold B,

(

c) Threshold C, or

(

d) Threshold D.

Table 2 — Primary Metals Industry

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing Project

Ferro-alloys Industry — SIC code 2911

Other Primary Steel Industries — SIC code

Primary Production of Aluminum Industry — SIC code

Other Primary Smelting & Refining of Non-Ferrous

Metal Industries — SIC code 2959

Criteria:

(1) Subject to subsection (2), a new manufacturing

facility, regardless of size.

(2) If refining processes, precious metal distillate

processes or ore roasting processes are integrated with ore milling

operations at, or in the vicinity of, a mine site and are dedicated to

the mining operations at the mine site, those processes are not

reviewable as part of a project that is a reviewable project under

subsection (1).

Criteria:

(1) Subject to subsection (2), modification of an

existing facility that meets

(

a) Threshold A,

(

b) Threshold B, or

(

c) Threshold D.

(2) If refining processes, precious metal distillate

processes or ore roasting processes are integrated with ore milling

operations at, or in the vicinity of, a mine site and are

dedicated to the mining operations at the mine site, those processes are

not reviewable as part of a project that is a reviewable project under

subsection (1).

Table 3 — Non-metallic Mineral Products Industries

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing Project

Hydraulic Cement Industry — SIC code 3521

Primary Glass and Glass Containers Industry

— SIC code 3561

Lime Industry — SIC code 3581

Criteria:

(1) A new manufacturing facility with a production

capacity of > 100 000 tonnes/year.

Criteria:

(1) Modification of an existing facility that

meets

(

a) Threshold A,

(

b) Threshold B,

(

c) Threshold C, or

(

d) Threshold D.

Asbestos Products Industry

— SIC code 3592

Criteria:

(2) A new manufacturing facility, regardless of size.

Criteria:

(2) Modification of an existing facility that meets

(

a) Threshold A,

(

b) Threshold B, or

(

c) Threshold D.

Table 4 — Forest Products Industries

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing Project

Pulp manufacturing facility in one of the following

SIC codes:

(

a) Pulp Industry – SIC code

2711;

(

b) Newsprint Industry –

SIC code 2712;

(

c) Paperboard Industry –

SIC code 2713;

(

d) Other Paper Industries– SIC code 2719.

Criteria:

(1) A new manufacturing facility, regardless

of size.

Criteria:

(1) Modification of an existing facility that

(

a) meets Threshold A, as it

applies to a modification in the facility's pulp production capability,

(

b) meets Threshold B, as it

applies to an increase in the facility's pulp production capability,

(

c) meets Threshold D, as it

applies to an increase in the facility's pulp production capability, or

(

d) results in creation of a new

paper or paperboard manufacturing capability with a production capacity

of > 250 000 tonnes/year of paper or paperboard.

Integrated Paper or Paperboard manufacturing

facility in one of the following SIC codes:

(

a) Pulp Industry – SIC code

2711;

(

b) Newsprint Industry –

SIC code 2712;

(

c) Paperboard Industry – SIC

code 2713;

(

d) Other Paper Industries –

SIC code 2719.

Criteria:

(1) A new manufacturing facility, regardless of size.

Criteria:

(1) Modification of an existing facility that

(

a) meets Threshold A, as it

applies to a modification in the facility's pulp production capability,

(

b) meets Threshold B, as it

applies to an increase in the facility's pulp production capability,

(

c) meets Threshold D, as it

applies to an increase in the facility's pulp production capability, or

(

d) results in an increase in

paper or paperboard production capacity of > 250 000

tonnes/year.

Non-integrated Paper and Paperboard manufacturing

facility in one of the following SIC codes:

(

a) Pulp Industry – SIC code

2711;

(

b) Newsprint Industry –

SIC code 2712;

(

c) Paperboard Industry – SIC

code 2713;

(

d) Other Paper Industries –

SIC code 2719.

Criteria:

(1) A new manufacturing facility with a production

capacity of > 250 000 tonnes/year.

Criteria:

(1) Modification of an existing facility that results in

(

a) for an existing project with

a production capacity of > 250 000 tonnes/year, an

increase in paper or paperboard production capacity of > 250 000

tonnes/year, or

(

b) the creation at the existing

facility of a new pulp production capability.

Paper de-inking plants

Criteria:

(1) A new facility, regardless of size.

Criteria:

(1) Modification of an existing facility that meets

Threshold A.

Wood Preservation Industry– SIC code 2591

Criteria:

(1) A new manufacturing facility with a production

capacity of > 25 000 m 3 /year.

Criteria:

(1) Modification of an existing facility that meets

(

a) Threshold A,

(

b) Threshold B,

(

c) Threshold C, or

(

d) Threshold D.

Building Board Industry –

SIC code 2714 – excluding medium-density fibreboard

Criteria:

(1) A new manufacturing facility with a production

capacity of > 100 000 tonnes/year.

Criteria:

(1) Modification of an existing facility that meets

(

a) Threshold A,

(

b) Threshold B,

(

c) Threshold C, or

(

d) Threshold D.

Sawmill and Planing Mill Products Industry (except

shingles and shakes) – SIC code 2512

Criteria:

(1) A new manufacturing facility with a production

capacity of > 750 000 board feet/day.

Criteria:

(1) Modification of an existing facility that meets

(

a) Threshold A,

(

b) Threshold B,

(

c) Threshold C, or

(

d) Threshold D.

Hardwood Veneer and Plywood Industry – SIC code

Softwood Veneer and Plywood Industry – SIC code

Criteria:

(1) A new facility manufacturing

(

a) plywood or both plywood and veneer with a

production capacity of > 170 000 m 3 /year, or

(

b) veneer, but not plywood, with a production

capacity of > 250 000 m 3 /year.

Criteria:

(1) Modification of an existing facility that meets

(

a) Threshold A,

(

b) Threshold B,

(

c) Threshold C, or

(

d) Threshold D.

Particle Board Industry –

SIC code 2592

Wafer Board Industry –

SIC code 2593

Medium-density Fibreboard plants

Criteria:

(1) A new manufacturing facility with a production

capacity of > 150 000 m 3 /year.

Criteria:

(1) Modification of an existing facility that meets

(

a) Threshold A,

(

b) Threshold B,

(

c) Threshold C, or

(

d) Threshold D.

Table 5 — Other Industries

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing Project

Pharmaceutical and Medicine Industry – SIC code 3741

Criteria:

(1) A new manufacturing facility with a production capacity of

(a)

> 50 tonnes/year

of biopharmaceutical products, or

(b)

> 200 tonnes/year

of non-biopharmaceutical products.

Criteria:

(1) Modification of an existing facility that

meets

(

a) Threshold A,

(

b) Threshold B,

(

c) Threshold C, or

(

d) Threshold D.

Man-made Fibre and Filament Yarn Industry – SIC

code 1811

Contract Textile Dyeing and Finishing Industry – SIC code 1992

Criteria:

(1) A new manufacturing facility with a production capacity > 15 000 tonnes/year.

Criteria:

(1) Modification of an existing facility that meets

(

a) Threshold A,

(

b) Threshold B,

(

c) Threshold C, or

(

d) Threshold D

Tire and Tube Industry – SIC code 1511

Criteria:

(1) A new facility, regardless of size.

Criteria:

(1) Modification of an existing facility that meets

(

a) Threshold A,

(

b) Threshold B, or

(

c) Threshold D.

Leather Tanneries – SIC code 1711

Criteria:

(1) A new manufacturing facility with a production capacity of > 500 000 m 2 /year.

Criteria:

(1) Modification of an existing facility that meets

(

a) Threshold A,

(

b) Threshold B,

(

c) Threshold C, or

(

d) Threshold D.

Lead-acid Battery Plants

Criteria:

(1) A new facility manufacturing lead-acid

batteries, regardless of size.

Criteria:

(1) Modification of an existing facility that meets

(

a) Threshold A,

(

b) Threshold B, or

(

c) Threshold D.

Part 3 — Mine Projects

Definitions for

Part 3

7 In this Part:

"clean coal" means coal that requires

processing in a coal preparation plant before it is transported from the mine

site for marketing or testing;

"industrial minerals" means the

substances listed in Appendix 3;

"mine" has the same meaning as in the Mines

Act ;

"mineral mine" means a mine where a

mineral, as defined in the Mineral Tenure Act, is or could be mined, but

does not include a mine where industrial minerals are or could be mined;

"off-shore mine" means a platform,

artificial island or other physical work or structure, including any associated

facilities, that is intended to be used, or is used, for the exploration for or

production of a mineable substance from the foreshore or submerged land along a

marine coastline, or from an off-shore site located in salt water;

"pay-dirt" means mined placer gravel

that is or could be processed in a sluice box, wash plant or other device for

extracting precious metals;

"permitted for disturbance" in relation

to land, means that the land would be or has been disturbed by mining activities

approved under a Mines Act permit or another permit that was issued as

part of a previous mine approval;

"placer mineral mine" means a mine

where a placer mineral, as defined in the Mineral Tenure Act, is or could

be mined;

"quarry" means a quarry or other

operation where construction stone, an industrial mineral or another substance

is or could be mined, but does not include a mineral mine, placer mineral mine

or coal mine or a sand or gravel pit;

"raw coal" means coal that does not

require processing in a coal preparation plant before it is transported from the

mine site for marketing or testing;

"threshold E" means the criteria

described in

section 8 (1);

"threshold F" means the criteria

described in

section 8 (2);

"threshold G" means the criteria

described in

section 8 (3).

Criteria for proposed

modifications of mine projects

(1) In this Part, threshold E is met for a

proposed modification of an existing facility if

(

a) the existing facility, were it a new facility in the

same category as the existing facility as described in Column 1 of the

applicable table, would meet the criteria set out opposite in Column 2, and

(

b) the modification will result in the disturbance of

(

i) at least 750 hectares of land that was not

previously permitted for disturbance, or

(ii) an area of land that was not previously permitted

for disturbance and that is at least 50% of the area of land that was previously

permitted for disturbance at the existing facility.

(2) In this Part, threshold F is met for a proposed

modification of an existing facility if

(

a) the existing facility, were it a new facility in the

same category as the existing facility as described in Column 1 of the

applicable table, would meet the criteria set out opposite in Column 2, and

(

b) the modification will result in the disturbance of

an area of land that was not previously permitted for disturbance and that is at

least 35% of the area of land that was previously permitted for disturbance at

the existing facility.

(3) In this Part, threshold G is met for a proposed

modification of an existing facility if

(

a) the existing facility, were it a new facility in the

same category as the existing facility as described in Column 1 of the

applicable table, would meet the criteria set out opposite in Column 2, and

(

b) the executive director has determined under

subsection (4) that the modification has the potential to result in a

significant adverse environmental, economic, social, heritage or health effect.

(4) For the purposes of a modification of an existing

facility in the off-shore mine project category, the executive director must

determine whether the modification has the potential to result in a significant

adverse environmental, economic, social, heritage or health effect.

Table 6 — Mine Projects

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing Project

Coal Mines — SIC code 063

Criteria:

(1) A new mine facility that, during operation, will

have a production capacity of > 250 000 tonnes/year of

clean coal or raw coal or a combination of both clean coal and raw coal.

Criteria:

(1) Modification of an existing mine facility that meets Threshold E.

Mineral Mines

Criteria:

(1) A new mine facility that, during operations, will

have a production capacity of > 75 000 tonnes/year of

mineral ore.

Criteria:

(1) Modification of an existing mine facility that

meets Threshold E.

Sand and Gravel Pits — SIC code 082

Criteria:

(1) A new pit facility that will have a production capacity of

(a)

> 500 000 tonnes/year of excavated sand or gravel or both sand and gravel during at least one year of its operation, or

(

b) over a period of < 4 years of operation, > 1 000 000 tonnes of excavated sand or gravel or both sand and gravel.

Criteria:

(1) Modification of an existing pit facility that meets Threshold F.

Placer Mineral Mines

Criteria:

(1) A new mine facility that, during operations, will have a production capacity of > 500 000 tonnes/year of pay-dirt.

Criteria:

(1) Modification of an existing pit facility that meets Threshold F.

Construction Stone and Industrial Mineral Quarries

Criteria:

(1) A new quarry facility or other operation that

(

a) involves the removal of construction stone or industrial minerals or both,

(

b) is regulated as a mine under

the Mines Act , and

(

c) during operations, will have a production capacity of > 250 000 tonnes/year of quarried product.

Criteria:

(1) Modification of an existing mine facility that meets Threshold E.

Off-shore Mines

Criteria:

(1) A new off-shore mine facility.

Criteria:

(1) Modification of an existing facility that meets Threshold G.

Part 4 — Energy Projects

Definitions for

Part 4

9 In this Part:

"another power plant" means a facility

for the generation of electricity from the sun, the wind or the movement of

tidal water, and includes all associated structures, machinery, appliances,

fixtures, equipment and storage and handling facilities;

"electric transmission line" means a

transmission line of 500 kV or higher voltage;

"energy" and "energy

resource" have the same meaning as in

Part 2 of the Utilities

Commission Act ;

"energy storage facility" means a place

where an energy resource is accumulated or stored in bulk as part of the process

of being transported or distributed, but does not include

(

a) a compressor, separator or dehydrator if the

compressor, separator or dehydrator is used as a part of the production of

natural gas or oil, or both, from a well, or

(

b) underground facilities used in conjunction with the

production of natural gas or oil, or both, from a well and located at the

wellhead;

"energy use project" means a mill,

factory, plant, smelter, oil refinery, metal refinery or other undertaking or

works, other than a natural gas processing plant, designed to use, convert or

process an energy resource or coal, ethanol, methanol, hydrogen or methyl

tertiary butyl ether (MTBE), or any combination of them, at the rate of 3 PJ or

more per year, and for the purpose of this definition, an energy resource, other

than electricity, is used, converted or processed at that rate if it is of a

quantity capable of yielding that amount of energy by combustion;

"hydroelectric power plant" means a

facility for the generation of electricity from the motion of water, or from the

position or potential motion of water, and includes associated dams, diversion

works, water conduits and all structures, machinery, appliances, fixtures and

equipment;

"natural gas processing plant" means a

facility for processing natural gas by removing from it natural gas liquids,

sulphur or substances other than water so that the natural gas meets

transmission pipeline specifications;

"off-shore oil or gas facility" means a

platform, artificial island or other physical work or structure, including any

associated facilities, that is intended to be used, or is used, for the

exploration for or production of oil or natural gas from the foreshore or

submerged land along a marine coastline, or from an off-shore site located in

salt water;

"process" means any process designed to

remove elements or compounds, whether hydrocarbon or non-hydrocarbon, from gas,

and includes absorption, adsorption or refrigeration, but does not include field

processing which normally takes place on or near the extraction site, such as

natural pressure reduction, mechanical separation, heating, cooling,

dehydration, and compression;

"thermal electric power plant" means a

facility for generating electricity from the combustion of natural gas, oil,

petroleum products, coal, wood, wood waste or plant products or from the use of

geothermal energy or from nuclear fission or fusion, and includes all associated

structures, machinery, appliances, fixtures and equipment, and storage and

handling facilities;

"transmission pipeline" means a pipe or

system of pipes through which natural gas, oil or solids, or a liquid or gas

derived from natural gas, oil or solids, whether in suspension or some other

form, is transported, and includes compressor or pumping facilities and other

equipment related to the operation of the transmission pipeline, associated

terminal or storage facilities.

Whether modification results in

significant adverse effects

10 For the purpose of determining whether the

modification of an offshore oil or gas facility is prescribed as a reviewable

project, the executive director must determine whether the modification has the

potential to result in a significant adverse environmental, economic, social,

heritage or health effect.

Table 7 — Electricity Projects

Column 1

Column 2

Column 3

Column 4

Project Category

New Project

Modification of Existing Project

Dismantling and Abandonment of

Existing Project

Power Plants

Criteria:

(1) A new facility with a rated nameplate capacity of > 50 MW of electricity that is

(

a) a hydroelectric power plant,

(

b) a thermal electric power plant, or

(

c) another power plant.

Criteria:

(1) Modification of an existing facility that results in the facility having a rated nameplate capacity that has increased by > 50 MW of electricity.

Criteria:

(1) Dismantling or abandonment of an existing dam facility associated with an existing hydroelectric power plant of any size, if the dam is, or was, permitted under the Water Act to impound > 10 million m 3 of water.

Electric Transmission Lines

Criteria:

(1) Subject to subsection (2), a new electric transmission line of > 40 km in length on a new right of way.

(2) Assessment of a new facility under subsection (1) does not include the dismantling and abandonment phases.

Criteria:

(1) Subject to subsections (2) and (3), modification of an existing facility if

(

a) the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and

(

b) the modification results in

(

i) the rebuilding of all or part of the facility, the replacement of the existing towers and the rebuilt facility having a voltage of > 500 kV.

(ii)

the addition of one or more electric transmission lines within the right of way occupied by the existing facility, or

(iii)

construction of an extension to the facility having a voltage of > 500 kV.

(2) The following types of modifications are not reviewable under subsection (1) (b) (i):

(

a) relocation of existing transmission lines within an existing right of way;

(

b) increasing the capacity of existing transmission lines by conductor or tower modifications or replacements, or by changes to the terrain within an existing right of way;

(

c) relocation of transmission line rights of way and associated transmission facilities, provided they follow the existing general corridor and constitute a length of < 40 km;

(

d) replacement of towers or electric lines or other repairs to an existing facility primarily for maintenance purposes.

(3) Assessment of the modification of an existing facility under subsection (1) does not include the dismantling and abandonment phases.

Table 8 — Petroleum and Natural Gas Projects

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing Project

Energy Storage Facilities

Criteria:

(1) Subject to subsection (2), a new energy storage facility with the capability to store an energy resource in a quantity that can yield by combustion > 3 PJ of energy.

(2) Development or use of naturally occurring underground reservoirs for the storage of petroleum or natural gas is not reviewable under subsection (1) if those reservoirs are located in the Western Canadian Sedimentary Basin of North East British Columbia within the map groups and blocks set out in Appendix 2.

Criteria:

(1) Subject to subsections (2) and (3), modification of an existing facility if

(

a) the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and

(

b) the modification results in an increase in the capability of the facility to store an energy resource, other than electricity, by a quantity that can yield by combustion > 3 PJ of energy.

(2) Replacement of project components solely for maintenance purposes is not reviewable under subsection (1).

(3) Development or use of naturally occurring underground reservoirs for the storage of petroleum or natural gas is not reviewable under subsection (1) if those reservoirs are located in the Western Canadian Sedimentary Basin of North East British Columbia within the map groups and blocks set out in Appendix 2.

Facilities that use, convert or process energy

Criteria:

(1) A new facility that is an energy use project.

Criteria:

(1) Modification of an existing facility if

(

a) the existing facility, were

it a new facility, would meet the criteria set out opposite in Column 2,

and

(

b) the modification results in

an increase by > 3 PJ/year in the rate at which an energy

resource, other than electricity, or coal, ethanol, methanol, hydrogen

or MTBE, or any combination of them, is used, converted or processed.

Natural Gas Processing Plants

Criteria:

(1) A new natural gas processing plant facility

(

a) that

(

i) has the design capacity to process natural gas at a rate of < 5.634 million m 3 /day, and

(ii)

will result in sulphur emissions to the atmosphere of > 2 tonnes/day, or

(

b) that has the design capacity to process natural gas at a rate of > 5.634 million m 3 /day.

Criteria:

(1) Modification of an existing facility if

(

a) the existing facility, were

it a new facility, would meet the criteria set out opposite in Column 2,

and

(

b) the modification results in

(

i) an incremental increase in sulphur emissions to the atmosphere of > 2 tonnes/day, or

(ii)

a change in the design capacity of the facility resulting in an incremental increase of > 5.634 million m 3 /day in the capacity of the facility to process natural gas.

Transmission Pipelines

Criteria:

(1) Subject to subsection (2), a new transmission pipeline facility with

(

a) a diameter of > 114.3 mm and a length of > 60 km,

(

b) a diameter of between > 114.3 and > 323.9 mm and a length of > 50 km, or

(

c) a diameter of > 323.9 mm and a length of > 40 km.

(2) Assessment of a new facility under subsection (1) does not include the dismantling and abandonment phases.

Criteria:

(1) Subject to subsections (2) and (3), modification of an existing facility if

(

a) the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and

(

b) the modification results in

(

i) for a facility that when modified will have a diameter of > 114.3 mm,

(

A) rebuilding over a length of > 60 km, or

(

B) an extension of > 60 km in length,

(ii)

for a facility that when modified will have a diameter of between > 114.3 and > 323.9 mm,

(

A) rebuilding over a length of > 50 km, or

(

B) an extension of > 50 km in length, or

(iii)

for a facility that when modified will have a diameter of > 323.9 mm,

(

A) rebuilding over a length of > 40 km, or

(

B) an extension of > 40 km in length.

(2) Assessment of the modification of an existing facility described in subsection (1) does not include the dismantling and abandonment phases.

(3) Replacement of pipe primarily for maintenance or repair purposes is not reviewable under subsection (1).

Off-shore Oil or Gas Facilities

Criteria:

(1) A new off-shore oil or gas facility.

Criteria:

(1) Modification of an existing facility if

(

a) the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and

(

b) the executive director has determined that the modification has the potential to result in a significant adverse environmental, economic, social, heritage or health effect.

Part 5 — Water Management Projects

Definitions for

Part 5

11 In this Part:

"hydroelectric power plant" has the

same meaning as in

Part 4;

"mine" has the same meaning as in the Mines

Act.

Table 9 — Water Management Projects

Column 1

Column 2

Column 3

Column 4

Project Category

New Project

Modification of Existing Project

Dismantling and Abandonment

of Existing Project

Dams

Criteria:

(1) Subject to subsections (2) and (3), a new dam facility that

(

a) is > 15 m high, or

(

b) under the Water Act , will be permitted to impound a reservoir containing > 10 million m 3 of water above the natural boundary of the streams that supply the water to the reservoir.

(2) For the purposes of subsection (1) (a), "height" and "dam" have the same meaning as in the British Columbia Dam Safety Regulation, B.C. Reg. 44/2000.

(3) The following are not reviewable under subsection (1):

(

a) a dam that is a tailings impoundment constructed and operated solely to serve a single mine;

(

b) a dam or reservoir that is associated with a hydroelectric power plant.

Criteria:

(1) Subject to subsection (2), modification of an existing facility if

(

a) the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and

(

b) the modification results in an increase of the flooded area of the reservoir, as permitted under the Water Act , by > 20 hectares.

(2) The following are not reviewable under subsection (1):

(

a) a dam that is a tailings impoundment constructed and operated solely to serve a single mine;

(

b) a dam or reservoir that is associated with a hydroelectric power plant.

Criteria:

(1) Subject to subsection (2), dismantling or abandonment of an existing dam facility that is, or was, permitted under the Water Act to impound > 10 million m 3 of water.

(2) The following are not reviewable under subsection (1):

(

a) a dam that is a tailings impoundment constructed and operated solely to serve a single mine;

(

b) a dam or reservoir that is associated with a hydroelectric power plant.

Dykes

Criteria:

(1) A new dyke facility that protects from flooding an area of > 10 km 2 .

Criteria:

(1) Modification of an existing facility if

(

a) the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and

(

b) the modification results in the raising of the entire length of the dyke.

Criteria:

(1) Dismantling or abandonment of an existing facility that, if it were a new facility, would meet the criteria set out opposite in Column 2.

Water Diversion Projects

Criteria:

(1) Subject to subsection (2), a facility incorporating new works that

(

a) are constructed for the diversion of water, and

(

b) under the Water Act , are permitted to divert water at a maximum rate of > 10 million m 3 /year.

(2) The following are not reviewable under subsection (1):

(

a) works for the diversion of water which have been authorized under

section 8 of the Water Act ;

(

b) works that are intended solely for the purposes of a tailings pond constructed and operated to serve a single mine;

(

c) a water diversion project that is associated with a hydroelectric power plant.

Criteria: either (1) or (2)

(1) Subject to subsection (3), modification of an existing facility if

(

a) the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and

(

b) the modification results in an increase of > 35% in the maximum rate of diversion of water per year permitted under the Water Act .

(2) Subject to subsection (3), modification of an existing facility if

(

a) the existing facility, were it a new facility, would not meet the criteria set out opposite in Column 2, and

(

b) the modification results in

(

i) an increase of > 35% in the maximum rate of diversion of water per year permitted under the Water Act , and

(ii)

a maximum rate of diversion of water permitted under the Water Act that is or will be > 10 million m 3 /year.

(3) The following are not reviewable under subsection (1) or (2):

(

a) works for the diversion of water which have been authorized under

section 8 of the Water Act ;

(

b) works that are intended solely for the purposes of a tailings pond constructed and operated to serve a single mine;

(

c) a water diversion project that is associated with a hydroelectric power plant.

Criteria:

(1) Subject to subsection (2), dismantling or abandonment of existing works that, if they were a new facility, would meet the criteria set out opposite in Column 2.

(2) The following are not reviewable under subsection (1):

(

a) works for the diversion of water which have been authorized under

section 8 of the Water Act ;

(

b) works that are intended solely for the purposes of a tailings pond constructed and operated to serve a single mine;

(

c) a water diversion project that is associated with a hydroelectric power plant.

Groundwater Extraction Projects

Criteria:

(1) Subject to subsection (2), a new facility that

(

a) consists of one or more works for the extraction of groundwater to be used for the same project or where, in the reasonable opinion of the executive director, the works are so closely related they can be considered to form a single project,

(

b) is operated intermittently or continuously for > 1 year, and

(

c) is designed to be operated so that groundwater is extracted at a rate of > 75 litres/second.

(2) A facility for the extraction of groundwater solely for the following purposes is not reviewable under subsection (1):

(

a) providing groundwater data for an application for an environmental assessment certificate;

(

b) providing groundwater data, if the testing is conducted by or under the supervision of a person registered as a member of the Association of Professional Engineers and Geoscientists of British Columbia with competency in the field of hydrogeology.

Criteria: either (1) or (2)

(1) Subject to subsection (3), modification of an existing facility if

(

a) the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and

(

b) the modification results in

(

i) an increase of > 35% over the current extraction rate at which the facility has been designed to be operated, or

(ii)

an increase of > 75 litres/second over the current extraction rate at which the facility has been designed to be operated.

(2) Subject to subsection (3), modification of an existing facility if

(

a) the existing facility, were it a new facility, would meet the criteria set out in Column 2, subsection (1) (

a) and (b), but would not meet the criteria set out opposite in Column 2, subsection (1) (c), and

(

b) the modification results in

(

i) an increase of > 35% over the current extraction rate at which the facility has been designed to be operated, and

(ii)

an extraction rate of > 75 litres/second.

(3) A facility for the extraction of groundwater solely for the following purposes is not reviewable under subsection (1) or (2):

(

a) providing groundwater data for an application for an environmental assessment certificate;

(

b) providing groundwater data, if the testing is conducted by or under the supervision of a person registered as a member of the Association of Professional Engineers and Geoscientists of British Columbia with competency in the field of hydrogeology.

Shoreline Modification Projects

Criteria:

(1) Subject to subsections (2) and (3), a new facility, or a new activity unrelated to the construction of a new facility, that

(

a) results in changes in or about a stream, marine coastline or estuary, and

(

b) entails dredging, filling or other direct physical disturbance of

(i)

> 1 000 m of linear shoreline, or

(ii)

> 2 hectares of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a stream, marine coastline or estuary.

(2) Area flooded is not included in the calculation of area directly disturbed under subsection (1) (b) (ii).

(3) The following are not reviewable under subsection (1):

(

a) periodic shoreline cleanup projects;

(

b) periodic maintenance dredging of the foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a stream, marine coastline or estuary;

(

c) a ferry terminal or marine port facility.

Criteria: either (1) or (2)

(1) Subject to subsections (3) and (4), modification of an existing facility if

(

a) the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and

(

b) the modification results in an increase of > 35% in

(

i) the length of linear shoreline which is directly disturbed, or

(ii)

the area of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a stream, marine coastline or estuary that is directly disturbed.

(2) Subject to subsections (3) and (4), modification of an existing facility if

(

a) the existing facility, were it a new facility, would not meet the criteria set out opposite in Column 2, but has resulted in changes in or about a stream, marine coastline or estuary, and

(

b) the modification results in an increase of > 35% in

(

i) the length of linear shoreline which is directly disturbed, or

(ii)

the area of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a stream, marine coastline or estuary which is directly disturbed, and

(

c) the modification also results in changes in or about a stream, coastline or estuary which in total equal or exceed the criteria described in Column 2, subsection (1) (b) (

i) or (ii) for a new facility.

(3) Area flooded is not included in the calculation of area directly disturbed under subsection (1) (b) (ii) and (2) (b) (ii).

(4) The following are not reviewable under subsection (1) or (2):

(

a) periodic shoreline cleanup projects;

(

b) periodic maintenance dredging of the foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a stream, marine coastline or estuary;

(

c) a ferry terminal or marine port facility.

Criteria:

(1) Dismantling or abandonment of an existing shoreline modification facility that, if it were a new facility, would meet the criteria set out opposite in Column 2.

Part 6 — Waste Disposal Projects

Definitions for

Part 6

12 In this Part:

"biomedical waste" means waste that is

generated by

(

a) human or animal health care facilities,

(

b) medical or veterinary teaching establishments,

(

c) health care teaching establishments,

(

d) clinical testing and research laboratories, or

(

e) facilities involved in the production or testing of

vaccines,

and includes

(

f) human anatomical waste consisting of human tissues,

organs and body parts, but does not include teeth, hair or nails,

(

g) animal waste consisting of all animal tissues,

organs, body parts, carcasses, bedding, fluid blood and blood products, items

saturated or dripping with blood, body fluids contaminated with blood, and body

fluids removed for diagnosis or removed during surgery, treatment or autopsy,

unless a trained person, as defined in the Transportation of Dangerous Goods

Regulations, (Canada), has certified that the waste does not contain the viruses

and agents listed in Risk Group IV, as that group is defined in those

regulations, but does not include teeth, hair, nails, hooves or feathers,

(

h) microbiology laboratory waste consisting of

laboratory cultures, stocks of specimens of micro-organisms, live or attenuated

vaccines, human or animal cell cultures used in research, and laboratory

material that has come into contact with any of these,

(

i) human blood and body fluid waste consisting of human

fluid blood and blood products, items saturated or dripping with blood, body

fluids contaminated with blood, and body fluids removed for diagnosis during

surgery, treatment or autopsy, but does not include urine or feces, and

(

j) clinical and laboratory waste sharps consisting of

needles, syringes, blades or laboratory glass capable of causing punctures or

cuts,

but does not include waste that

(

k) originates from animal husbandry,

(

l) is of household origin,

(

m) is controlled in accordance with the Health of

Animals Act (Canada),

(

n) is generated in food production, general building

maintenance and office administration activities of those facilities referred to

in paragraphs (

a) to (e), or

(

o) is microbiology laboratory waste, human blood and

body fluid waste or waste sharps after these wastes have been disinfected or

decontaminated;

"incinerator" , "land

treatment" , "long term storage" , "mobile

facility" , "off site facility" , "secure

landfill" , "short term storage" , "surface

impoundment" , "thermal treatment" , "treatment"

and "waste pile" have the same meanings as in the Special Waste

Regulation, B.C. Reg. 63/88;

"municipal liquid waste" , "municipal

solid waste" , "special waste" and "waste"

have the same meanings as in the Waste Management Act ;

"threshold H" means the criteria

described in

section 13 (1);

"threshold I" means the criteria

described in

section 13 (2).

Criteria for proposed

modifications of waste disposal projects

(1) In this Part, threshold H is met for a

proposed modification of an existing facility if,

(

a) the existing facility, were it a new facility in the

same category as the existing facility as described in Column 1 of the

applicable table, would meet the criteria set out opposite in Column 2, and

(

b) the modification will result in an increase of at

least 30% in the total waste discharge of the facility.

(2) In this Part, threshold I is met for a proposed

modification of an existing facility if,

(

a) the existing facility, were it a new facility in the

same category as the existing facility as described in Column 1 of the

applicable table, would not meet the criteria set out opposite in Column 2, and

(

b) the modification will result in

(

i) a facility that if it were a new facility would meet

the criteria set out opposite in Column 2, and

(ii) an increase of at least 30% in the total waste

discharge from the facility.

Table 10 — Special Waste Management Projects

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing Project

Special Waste Facilities

Criteria:

(1) Subject to subsections (2) and (3), a proposal

(

a) for the storage, treatment or disposal of biomedical waste or special waste if the proposal

(

i) entails facilities of a type specified under subsection (2), and

(ii)

is for

(

A) construction of a new facility, or

(

B) modification of an existing facility for which the storage, treatment or disposal of biomedical waste or special waste has not previously been permitted under the Waste Management Act, or

(

b) to use special waste at an existing off-site facility whose principal function is not waste management, and that has not previously been permitted to use that type of special waste under the Waste Management Act , if there will be

(

i) off-site use of special waste by combustion or thermal processes, or

(ii)

off-site use of special waste other than by combustion or thermal processes if

(

A) one type of special waste listed in Column 1 of Table 1 of

Schedule 6 of the Special Waste Regulation, B.C. Reg. 63/88, is to be used and the daily maximum use is at least 100 times greater than the storage permit quantity listed in Column III of that Table, or

(

B) more than one type of special waste listed in Column 1 of Table 1 of

Schedule 6 of the Special Waste Regulation, B.C. Reg. 63/88, is to be used and the cumulative maximum design use is > 100 000 kg/day or > 100 000 litres/day, as appropriate.

(2) Subsection (1) (

a) applies to the following types of facilities:

(

a) an off-site incinerator or thermal treatment facility, excluding

(

i) a thermal treatment facility that utilizes non-combustion technologies for the disinfection or sterilization of biomedical waste, or

(ii)

an incinerator or thermal treatment facility that uses combustion or other related technologies for the treatment or disposal of biomedical waste, and that has a capacity of < 5 tonnes/day;

(

b) an off-site long term storage facility or secure landfill;

(

c) an off-site treatment facility, other than an incinerator, thermal treatment facility or land treatment facility,

(

i) if one type of special waste listed in Column I of Table 1 of

Schedule 6 of the Special Waste Regulation, B.C. Reg. 63/88, is to be treated, and the daily maximum design treatment capacity is at least 100 times greater than the storage permit quantity listed in Column III of that Table, or

(ii)

if more than one type of special waste listed in Column I of Table 1 of

Schedule 6 of the Special Waste Regulation, B.C. Reg. 63/88, is to be treated, and the cumulative maximum design treatment capacity is > 100 000 kg/day or > 100 000 litres/day, as appropriate.

(3) The following are not reviewable under subsections (1) and (2):

(

a) a facility for the treatment of a special waste which does not use or propose to use incineration or thermal treatment if the facility is

(

i) a mobile off-site treatment facility, or

(ii)

a research and demonstration facility;

(

b) any treatment authorized by

Part 6 of the Special Waste Regulation, B.C. Reg. 63/88.

Criteria:

(1) Subject to subsection (2), modification of an

existing facility that meets

(

a) Threshold H,

(

b) Threshold I, as it applies to modification of facilities described in Column 2, subsection (2) (

a) and (c), or

(

c) Threshold I as it applies to the modification of facilities that use special waste under Column 2, subsection (1) (b) (ii) (

A) or (B).

(2) The following are not reviewable under subsection (1):

(

a) a facility for the treatment of a special waste which does not use or propose to use incineration or thermal treatment if the facility is

(

i) a mobile off-site treatment facility, or

(ii)

a research and demonstration facility;

(

b) any treatment authorized by

Part 6 of the Special Waste Regulation, B.C. Reg. 63/88.

Table 11 — Solid Waste Management Projects

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing Project

Local Government Solid Waste Management Facilities

Criteria:

(1) A new facility if

(

a) the board of a regional district has determined that the facility will be included in a solid waste management plan or a solid waste management plan amendment to be submitted to the Minister of Water, Land and Air Protection for approval as part of the Regional Solid Waste Management Planning Process, and

(

b) the facility is for the treatment or disposal of municipal solid waste by the operation of

(

i) a landfill with a design capacity of > 250 000 tonnes/year, or

(ii)

an incinerator with a design capacity of > 225 tonnes/day.

Criteria:

(1) Modification of an existing facility if the board of a regional district has determined that the modification will be included in a solid waste management plan or a solid waste management plan amendment to be submitted to the Minister of Water, Land and Air Protection for approval as part of the Regional Solid Waste Management Planning Process, and the criteria in either (

a) or (

b) are met:

(

a) the modification of the existing facility if

(

i) the existing facility, were it a new facility, would meet the criteria described opposite in Column 2, section (1) (b) (i), and

(ii)

the modification results in

(

A) an extension in the lifespan of the facility beyond that lifespan currently authorized in an approved solid waste management plan, or

(

B) an increase in the annual design capacity of the facility beyond that currently authorized in an approved solid waste management plan;

(

b) does not meet the criteria described in Column 2, subsection (1) (b) (

i) or (ii) for a new facility, but the modification results in an increase in the design capacity of the facility above the threshold under Column 2, subsection (1) (b) (

i) or (ii).

Table 12 — Liquid Waste Management Projects

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing Project

Local Government Liquid Waste Management Facilities

Criteria:

(1) Subject to subsections (2) and (3), a new facility that is

(

a) for the treatment or disposal of municipal liquid waste, and

(

b) designed to serve > 10 000 people.

(2) Assessment of a new facility under subsection (1) does not include the dismantling and abandonment phases.

(3) A facility that is a component of a Municipal Liquid Waste Management Plan approved under the Waste Management Act is not reviewable under subsection (1).

Criteria:

(1) Subject to subsections (2) and (3), modification of an existing facility that meets the criteria in paragraph (

a) or (b):

(

a) Threshold H;

(

b) if the existing facility were a new facility, the existing facility would meet the criteria described in Column 2, subsection (1) (a), but would not meet the criteria described in Column 2, subsection (1) (

b) and the modification results in

(

i) an increase in its capacity sufficient to permit the plant to serve an existing or planned population of > 10 000 people, and

(ii)

an increase of > 30% in the total waste discharge from the facility.

(2) Assessment of the modification of an existing facility described in subsection (1) does not include the dismantling and abandonment phases.

(3) A modification that is a component of a Municipal Liquid Waste Management Plan approved under the Waste Management Act is not reviewable under subsection (1).

Part 7 — Food Processing Projects

Definitions for

Part 7

14 In this Part:

"threshold J" means the criteria

described in

section 15 (1);

"threshold K" means the criteria

described in

section 15 (2).

Criteria for proposed

modifications of food processing projects

(1) In this Part, threshold J is met for a

proposed modification of an existing facility if

(

a) the existing facility, were it a new facility in the

same category as the existing facility as described in Column 1 of the

applicable table, would meet the criteria set out opposite in Column 2, and

(

b) the modification will result in an increase of at

least 30% in the total waste discharge of the facility.

(2) In this Part, threshold K is met for a proposed

modification of an existing facility if

(

a) the existing facility, were it a new facility in the

same category as the existing facility as described in Column 1 of the

applicable table, would not meet the criteria set out opposite in Column 2, and

(

b) the modification will result in

(

i) a facility that if it were a new facility would meet

the criteria set out opposite in Column 2, and

(ii) an increase of at least 30% in the total waste

discharge of the facility.

Table 13 — Food Processing Projects

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing Project

Meat and Meat Products Industry (except poultry) —

SIC code 1011

Poultry Products Industry — SIC code 1012

Fish Products Industry — SIC code 1021

Criteria:

(1) A new facility that has a maximum liquid waste

discharge permitted under the Waste Management Act of > 800 m 3 /day.

Criteria:

(1) Modification of an existing facility that meets

(

a) Threshold J, or

(

b) Threshold K.

Part 8 — Transportation Projects

Definitions for

Part 8

16 In this Part, "public highway"

means a road, street, lane, bridge or right of way designed or intended for use

by the general public for the passage of vehicles, but does not include a

private road.

Table 14 — Transportation Projects

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing

Project

Public Highways

Criteria:

(1) Subject to subsection (2), a new facility consisting of > 20 continuous km of paved public highway with > 2 lanes.

(2) Assessment of a new facility under subsection (1) does not include the dismantling and abandonment phases.

Criteria:

(1) Subject to subsection (2), modification of an existing facility that results in the addition of > 2 lanes of paved public highway to an existing paved public highway over a continuous distance of > 20 km.

(2) Assessment of the modification of an existing facility described in subsection (1) does not include the dismantling and abandonment phases.

Railways

Criteria:

(1) Subject to subsection (2), a new railway facility that consists of

(a)

> 20 continuous km of developed track, or

(

b) a rail line designed to accommodate high-speed trains with a design speed of > 200 km/hour.

(2) Assessment of a new facility under subsection (1) does not include the dismantling and abandonment phases.

Criteria:

(1) Subject to subsection (2), modification of an existing facility that results in

(

a) the addition of one or more lines of track to an existing railway over a continuous distance of > 20 km, or

(

b) a railway designed to accommodate high-speed trains with a design speed of > 200 km/hour.

(2) Assessment of the modification of an existing facility described in subsection (1) does not include the dismantling and abandonment phases.

Ferry Terminals

Criteria:

(1) Subject to subsection (2), a new ferry terminal facility

(

a) that

(

i) serves marine ferry operations, and

(ii)

has an outbound annual vehicle throughput capacity of > 500 000 vehicles, or

(

b) that

(

i) serves either marine or freshwater ferry operations, and

(ii)

entails construction of the facility by dredging, filling or other direct physical disturbance of

(A)

> 1 000 m of linear shoreline, or

(B)

> 2 hectares of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a water body.

(2) Assessment of a new facility under subsection (1) does not include the dismantling and abandonment phases.

Criteria:

(1) Subject to subsections (2) and (3), modification of an existing facility if

(

a) the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and

(

b) the modification

(

i) results in an increase in the outbound annual vehicle throughput capacity of > 35%, or

(ii)

entails dredging, filling or other direct physical disturbance of

(A)

> 1 000 m of linear shoreline, or

(B)

> 2 hectares of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a water body.

(2) Assessment of the modification of an existing facility described in subsection (1) does not include the dismantling and abandonment phases.

(3) Periodic maintenance dredging for an existing facility is not reviewable under subsection (1).

Marine Port Facilities (other than Ferry Terminals)

Criteria:

(1) Subject to subsection (2), a new marine port facility, other than a ferry terminal, if construction of the facility entails dredging, filling or other direct physical disturbance of

(a)

> 1 000 m of linear shoreline, or

(b)

> 2 hectares of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a marine coastline or marine estuary.

(2) Assessment of a new facility under subsection (1) does not include the dismantling and abandonment phases.

Criteria:

(1) Subject to subsections (2) and (3), modification of an existing facility, other than a ferry terminal, if

(

a) the existing facility, were it a new facility, would meet the criteria set out opposite in Column 2, and

(

b) the modification results in dredging, filling or other direct physical disturbance of

(i)

> 1 000 m of linear shoreline, or

(ii)

> 2 hectares of foreshore or submerged land, or a combination of foreshore and submerged land, below the natural boundary of a marine coastline or marine estuary.

(2) Assessment of the modification of an existing facility described in subsection (1) does not include the dismantling and abandonment phases.

(3) Periodic maintenance dredging for an existing facility is not reviewable under subsection (1).

Airports

Criteria:

(1) Subject to subsection (2), a new airport facility that has a runway > 1 500 m in length.

(2) Assessment of a new facility under subsection (1) does not include the dismantling and abandonment phases.

Criteria:

(1) Subject to subsection (2), modification of an existing facility that results in

(

a) installing a new runway > 1 500 m long,

(

b) extending an existing runway that is < 1 500 m long by > 1 500 m, or

(

c) extending an existing runway that is > 1 500 m long by > 500 m.

(2) Assessment of the modification of an existing facility described in subsection (1) does not include the dismantling and abandonment phases.

Part 9 — Tourist Destination Resort

Projects

Definitions for

Part 9

17 In this Part:

"bed unit" means the accommodation

required for one person to stay overnight, and includes accommodation which is

available on a night-by-night basis and permanent residential accommodation;

"commercial bed unit" means the

accommodation required for one person to stay overnight, but does not include

permanent residential accommodation;

"golf resort development" means a

resort development with attached golf facilities;

"marina resort development" means a

resort development with attached moorage facilities;

"resort development" means a commercial

operation, with attached commercial bed units, that caters to tourists and

serves local, regional, provincial or international markets;

"ski resort development" means a resort

development with attached skiing facilities.

Table 15 — Tourist Destination Resort Projects

Column 1

Column 2

Column 3

Project Category

New Project

Modification of Existing

Project

Resort Developments — not golf, marina or ski

Criteria:

(1) Subject to subsection (2), a new facility that

(

a) is a resort development, with

or without associated recreation facilities,

(

b) is not a golf resort

development, a marina resort development or a ski resort development,

and

(

c) has > 2 000

bed units, of which > 600 must be commercial bed units.

(2) Assessment of a new facility under subsection

(1) does not include the dismantling and abandonment phases.

Criteria:

(1) Subject to subsection (2), modification of an

existing facility if

(

a) the existing facility, were

it a new facility, would meet the criteria set out opposite in Column 2,

and

(

b) the modification results in

an increase in the number of bed units at the facility by > 2 000,

of which > 600 must be commercial bed units.

(2) Assessment of the modification of an existing

facility described in subsection (1) does not include the dismantling

and abandonment phases.

Golf Resorts

Criteria:

(1) Subject to subsection (2), a new facility that

(

a) is a golf resort development,

and

(

b) has

(

i) a developed base area of > 200

hectares, which includes

(A)

> 100 hectares

of golf courses, and

(B)

> 100 hectares

of area for the club house, hotel, restaurant, parking and ancillary

services, and

(ii)

> 600

commercial bed units.

(2) Assessment of a new facility under subsection

(1) does not include the dismantling and abandonment phases.

Criteria:

(1) Subject to subsection (2), modification of an

existing facility if

(

a) the existing facility, were

it a new facility, would meet the criteria set out opposite in Column 2,

and

(

b) the modification results in

(

i) an increase in the developed

base area of the facility by > 200 hectares, and

(ii)

an increase in the number of

commercial bed units at the facility by > 600.

(2) Assessment of the modification of an existing

facility described in subsection (1) does not include the dismantling

and abandonment phases.

Marina Resorts

Criteria:

(1) Subject to subsection (2), a new facility that

(

a) is a marina resort

development, and

(

b) has

(

i) a marina with > 1 000

linear metres of moorage, and

(ii)

> 600

commercial bed units.

(2) Assessment of a new facility under subsection

(1) does not include the dismantling and abandonment phases.

Criteria:

(1) Subject to subsection (2), modification of an

existing facility if

(

a) the existing facility, were

it a new facility, would meet the criteria set out opposite in Column 2,

and

(

b) the modification results in

(

i) an increase in the moorage at

the facility by > 1 000 linear metres, and

(ii)

an increase in the number of

commercial bed units at the facility by > 600.

(2) Assessment of the modification of an existing

facility described in subsection (1) does not include the dismantling

and abandonment phases.

Ski Resorts

Criteria:

(1) Subject to subsection (2), a new facility that

(

a) is a ski resort development, and

(

b) has > 2 000 bed units, of which > 600 must be commercial bed units.

(2) Assessment of a new facility under subsection

(1) does not include the dismantling and abandonment phases.

Criteria:

(1) Subject to subsection (2), modification of an

existing facility if

(

a) the existing facility, were

it a new facility, would meet the criteria set out opposite in Column 2,

and

(

b) the modification results in

an increase in the number of the bed units at the facility by > 2 000,

of which > 600 must be commercial bed units.

(2) Assessment of the modification of an existing

facility described in subsection (1) does not include the dismantling

and abandonment phases.

Appendix 1

Contaminant Weighting Factors

Table A

Air Contaminant

Weighting Factor

Carbon Dioxide

0.00

Methane

0.00

Ammonia

1.00

Asbestos*

1.00/unit

Carbon Monoxide

0.03

Chlorine and Chlorine Oxides

0.67

Fluorides

40.14

Hydrocarbons

1.00

Hydrogen Chloride

0.67

Metals

40.14

Nitrogen Oxides

0.67

Phenols

1.00

Sulphur and Sulphur Oxides

0.78

Total Particulate

1.00

Total Reduced Sulphur

33.45

Volatile Organic Compounds

1.00

Other contaminants not otherwise specified

1.00

* Units of Asbestos are equivalent to 5 cubic metres of

air emissions per minute at a concentration of 2 fibres per cubic centimetre.

Rates of discharge for other air contaminants are measured in tonnes.

Table B

Effluent Contaminant

Weighting Factor

Acute Toxicity**

1.10/unit

Ammonia

7.53

Adsorbable Organic Halides

20.00

Arsenic

20.00

Biochemical Oxygen Demand

1.51

Chlorine

20.00

Cyanide

20.00

Fluoride

7.53

Metals

20.00

Nitrogen and Nitrates

3.01

Oil and Grease

5.02

Other Petroleum Products

5.02

Other Solids

1.00

Phenols

20.00

Phosphorus and Phosphates

7.53

Sulphates

0.29

Sulphides

20.00

Surfactants

5.02

Suspended Solids

1.00

Other contaminants not otherwise specified

1.00

** Units of Acute Toxicity are determined using the following

formula:

Average Daily Flow

(100 LC 50 )

Units of Acute Toxicity =

Rates of discharge for other effluent

contaminants are measured in tonnes.

Table C

Solid Contaminant

Weighting Factor

Coarse Coal Refuse

8.00

Refuse

1.00

Rates of discharge for solid contaminants

are measured in tonnes.

Appendix 2

Map Groups and Blocks Contained Within the Western Canadian

Sedimentary Basin of North East British Columbia

(Table 8, Item 1, Column 2, subsection (2) and Column 3,

subsection (2))

MAP GROUP(

S) BLOCK(S)

93-H-01

I, J

93-H-07

H, I, J

93-H-08

A, B, C, E, F, G, H, I, J, K, L

93-H-09, 15, 16

ALL

93-H-10

A, B, C, E, F, G, H, I, J, K, L

93-H-11

H, I, J

93-H-13

H, I, J

93-H-14

A, B, C, E, F, G, H, I, J, K, L

93-I-01-03, 05-16

ALL

93-I-04

A, B, C, E, F, G, H, I, J, K, L

93-J-01

93-J-08

A, B, F, G, H, I, J, K, L

93-J-09, 16

ALL

93-J-10

H, I, J

93-J-15

A, B, C, F, G, H, I, J, K, L

93-N-16

93-O-01, 02, 07-11, 13-16

ALL

93-O-03

A, G, H, I, J

93-O-05

93-O-06

A, B, C, E, F, G, H, I, J, K, L

93-O-12

A, G, H, I, J, K

93-P (01-16)

ALL

94-A (01-16)

ALL

94-B (01-16)

ALL

94-G (01-16)

ALL

94-H (01-16)

ALL

94- I (01-16)

ALL

94- J (01-16)

ALL

94-K (01-16)

ALL

94-N (01-16)

ALL

94-O (01-16)

ALL

94-P (01-16)

ALL

94-C-01

A, B, G, H, I, J, K

94-C-07

94-C-08, 09, 15, 16

ALL

94-C-10

A, B, G, H, I, J, K

94-C-14

H, I

94-E-16

H, I

94-F-01, 02, 06-11, 13-16

ALL

94-F-03

A, B, F, G, H, I, J, K

94-F-05

94-F-12

A, B, G, H, I, J, K

94-L-01

A, B, F, G, H, I, J, K, L

94-L-07

A, G, H, I, J, K

94-L-08-10, 15, 16

ALL

94-L-11

H, I, J

94-L-13

94-L-14

A, B, C, E, F, G, H, I, J, K, L

94-M-01-03, 05-16

ALL

94-M-04

A, G, H, I, J, K

95-A (01-04)

A, B, C, D

95-B (01-04)

A, B, C, D

95-C (01-04)

A, B, C, D

95-D (01-04)

A, B, C, D

104-P-08

104-P-09

A, B, F, G, H, I, J, K, L

104-P-15

H, I, J

104-P-16

ALL

105-A-01

A, B, C, D

105-A-02

A, B

Appendix 3

Industrial Minerals

1 The following are industrial minerals for the

purposes of the definition in

section 7:

(

a) all rock or stone used to produce dimension stone or

building facing stone, or for any other ornamental or decorative purpose;

(

b) barite, calcite, dolomite, gypsum, limestone,

magnesite, phosphate rock, wollastonite;

(

c) bentonite, clay, diatomaceous earth, pozzolanic

materials, zeolite, kaolin clay, and all related substances;

(

d) pumice, lava, volcanic ash and all related

substances;

(

e) all substances in which silica is the predominant

mineral and which are used for an industrial purpose, including massive silica,

quartz, quartzite, garnet and corundum;

(

f) jade, rhodonite and all decorative stone and rock;

(

g) talc;

(

h) marl;

(

i) feldspar;

(

j) shale and slate;

(

k) graphite.

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