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Volume 45, No. 24

B.C. Reg. 371/2002

The British Columbia Gazette,

Part II

December 31, 2002

B.C. Reg. 371/2002, deposited December 19, 2002, pursuant to the ENVIRONMENTAL ASSESSMENT ACT [Sections 23 (1) and 52 (g)]. Order in Council 1158/2002, 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, the Concurrent Approval Regulation in the attached

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

Schedule

CONCURRENT APPROVAL REGULATION

Contents

Interpretation

Application of regulation

Eligible approvals

Applying for concurrent review

Deadline for applying for concurrent review

Executive director must decide and notify whether application is accepted

Executive director must notify ministry if environmental assessment certificate issued

Duties of the ministry that has authority to issue the eligible approval

Interpretation

1 In this regulation:

"Act" means the Environmental

Assessment Act ;

"another enactment" or "other

enactment" means an enactment other than the Act;

"eligible approval" means an approval

specified under

section 3;

"ministry" includes a person, board,

tribunal or agency that has authority to issue or to decide to issue an approval

under another enactment.

Application of regulation

2 This regulation applies to a reviewable project

in respect of which the executive director has made an order under

section 10

(1) (

c) of the Act.

Eligible approvals

(1) An approval under another enactment that is

required to construct, operate, modify, dismantle, abandon or otherwise

undertake all or part of a reviewable project that is undergoing assessment

under the Act, is specified for the purposes of

section 50 (2) (g) (ii) [regulations

specifying approvals eligible for concurrent review] of the Act.

(2) Subsection (1) does not apply

(

a) to a certificate of public convenience and necessity

under the Utilities Commission Act, or

(

b) to an approval to undertake anything that is not the

subject of the assessment under the Act, whether or not connected to the

reviewable project.

Applying for concurrent review

(1) If a proponent referred to in

section 23

(1) [concurrent approval process — application for concurrent review] of

the Act has filed an application for an eligible approval in accordance with the

applicable other enactment, the proponent May deliver an application for

concurrent review to the executive director.

(2) The application for concurrent review under

subsection (1) must

(

a) be in writing,

(

b) identify the eligible approval that the proponent

has applied for,

(

c) be accompanied by

(

i) a copy of the application for the eligible approval

referred to in paragraph (b),

(ii) copies of the documents provided with that

application to the ministry that has authority to issue the eligible approval,

and

(iii) evidence that that application has been properly

filed in accordance with the other enactment, and

(

d) request that the application for an eligible

approval referred to in subsection (1) be considered under the other enactment

concurrently with the continuing assessment of the reviewable project under the

Act.

Deadline for applying for

concurrent review

5 A proponent of a reviewable project that

applies for concurrent review of an application for an eligible approval must

make the application within whichever of the following time limits apply:

(

a) if the executive director sets an earlier time limit

under

section 11 [ executive director determines assessment requirements]

or 13 [executive director May vary

section 11 requirements] of the Act

than is provided under paragraphs (

b) or (

c) for the proponent to apply for

concurrent review of an application for an eligible approval, within the earlier

time limit set by the executive director;

(

b) if paragraph (

a) does not apply and if the executive

director does not require, under

section 16 (4) (b) [application for

environmental assessment certificate — copies of application] of the Act,

copies of the proponent's application for an environmental assessment

certificate, within 7 days after the date on which the executive director

notifies the proponent under

section 16 (4) (

a) of the Act that the proponent's

application for an environmental assessment certificate has been accepted for

review;

(

c) if paragraph (

a) does not apply and if the executive

director requires, under

section 16 (4) (

b) of the Act, copies of the

proponent's application for an environmental assessment certificate, by the date

on which the executive director receives those copies.

Executive director must decide

and notify whether

application is accepted

(1) If satisfied that an application for

concurrent review delivered under

section 4 (1) [applying for concurrent

review] within the time limit under

section 5 is in respect of an eligible

approval, the executive director must

(

a) provide the proponent with written notice that the

application for concurrent review is accepted, and

(

b) provide the ministry that has authority to issue the

eligible approval with written notice that the application for concurrent review

is accepted and, once known, of the date on which the proponent's application

for an environmental assessment certificate was accepted under

section 16 (4) [accepting

application for review] of the Act for review.

(2) If satisfied that an application delivered under

section 4 (1) is not in respect of an eligible approval or was not delivered on

time, the executive director must notify the proponent in writing that the

application is refused.

(3) The executive director May consult with the ministry

that has authority to issue the eligible approval before making the

determination required under subsection (1) or (2).

Executive director must notify

ministry if

environmental assessment certificate issued

7 If the ministers issue an environmental

assessment certificate under

section 17 (3) (c) [decision on application for

environmental assessment certificate] of the Act to a proponent whose

application for concurrent review was accepted by the executive director under

section 6 (1) of this regulation, the executive director must give written

notice to the ministry that has authority to issue the eligible approval of the

date the environmental assessment certificate was issued.

Duties of the ministry that has

authority to issue the eligible approval

(1) If a ministry receives a notice under

section 6 (1) (b) [executive director must notify ministry that application

for concurrent review accepted] of this regulation, the ministry must

(

a) in accordance with the enactment under which the

eligible approval is required, proceed expeditiously with its review and

consideration of the proponent's application for the eligible approval, and

(

b) within 75 days of the date on which the proponent's

application for an environmental assessment certificate was accepted under

section 16 (4) [accepting application for review] of the Act, notify the

proponent and the environmental assessment office in writing of any additional

information that the ministry anticipates it will require from the proponent in

order to complete its review and consideration.

(2) For the purposes of the notification required under

subsection (1) (b), the ministry May take into account and make note of project

design uncertainties that exist at this stage of the review.

(3) If a ministry receives a notice under

section 7 [executive

director must notify ministry if environmental assessment certificate issued]

of this regulation, within 60 days after the date specified in the notice as the

date the environmental assessment certificate was issued, the ministry must

(

a) issue the eligible approval,

(

b) refuse to issue the eligible approval and provide

reasons for the refusal, or

(

c) specify a later date on which the proponent will be

given a decision on the application for the eligible approval and provide

reasons for the delay.

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