93/2025

O.C. 321/2025

June 27, 2025

July 1, 2025

Renewable Energy Projects (Streamlined Permitting) Act

Renewable Energy Projects (Streamlined Permitting) Regulation

[Last amended December 15, 2025 by B.C. Reg. 237/2025]

93_2025_pit

Interpretation

Definitions

In this regulation:

Act means the Renewable Energy Projects (Streamlined Permitting) Act ;

high-output , in relation to a wind or solar energy project, means a project with a rated nameplate capacity greater than 5 MW;

land-based , in relation to a wind energy project, means a project with turbines that are all located on land other than land covered by water;

North Montney Transmission Line project means the project to construct and operate an electric transmission line, and related facilities, from around the Site C Dam northwest no farther than the Buckinghorse River;

North of Terrace Transmission Line project means the project to construct and operate an electric transmission line, and related facilities, from around Terrace to around Bob Quinn Lake.

[am. B.C. Reg. 237/2025, Sch. 1, s. 2.]

Streamlined projects

The following projects are prescribed for the purposes of

section 2 (c) [streamlined projects] of the Act:

wind energy projects;

solar energy projects;

the North Montney Transmission Line project;

the North of Terrace Transmission Line project.

Streamlining

Level 2 streamlining

The following streamlined projects are prescribed for the purposes of

section 5 (b) [application of Division 2 — level 2 streamlining] of the Act:

wind energy projects not prescribed as level 3 streamlined projects;

solar energy projects not prescribed as level 3 streamlined projects;

the North Montney Transmission Line project;

the North of Terrace Transmission Line project.

[en. B.C. Reg. 237/2025, Sch. 1, s. 4.]

Level 3 streamlining

3.1

The following streamlined projects are prescribed for the purposes of

section 8 [application of Division 3 — level 3 streamlining] of the Act:

high-output wind energy projects;

high-output solar energy projects, other than agrivoltaic projects.

[en. B.C. Reg. 237/2025, Sch. 1, s. 5.]

Application of Environmental Assessment Act

Land-based wind energy projects are prescribed for the purposes of

section 14 (c) [application of Environmental Assessment Act] of the Act.

The North of Terrace Transmission Line project is prescribed for the purposes of

section 14 (

d) of the Act.

[en. B.C. Reg. 237/2025, Sch. 1, s. 6.]

Application of Environmental Protection and Management Regulation

4.1

Section 6 of the Environmental Protection and Management Regulation, B.C. Reg. 200/2010, applies in relation to a wind energy project that is a level 3 streamlined project as though

the

section prescribed as an objective that energy resource activities be carried out at a time and in a manner that minimizes physical disturbance to birds or bats or their habitat, including disturbance during sensitive seasons and critical life-cycle stages, and

paragraph (

b) of that

section did not apply in relation to birds or bats or their habitat.

A permit holder for a wind energy project that is a level 3 streamlined project must, in accordance with any applicable conditions of the permit,

monitor bird and bat mortality associated with the project, and

prepare and maintain a record of that mortality.

[en. B.C. Reg. 237/2025, Sch. 1, s. 7.]

Indigenous Relations

Limits on application of Act

Sections 6 and 9 [application of Energy Resource Activities Act] of the Act do not apply in relation to the Treaty 8 Planning and Mitigation Regulation, B.C. Reg. 146/2023.

Policies in relation to level 3 streamlined projects

For the purposes of

section 35 of the Constitution Act, 1982 , the regulator must exercise its power and discretion under

section 25 (1) and (2) (b) [permits and authorizations issued by regulator] of the primary Act in relation to a level 3 streamlined project consistently with the following policies:

the regulator must provide first nations an opportunity to share Indigenous knowledge;

the regulator must consider

any Indigenous knowledge shared under paragraph (a), and

any effects on first nations and rights recognized and affirmed by

section 35 of the Constitution Act, 1982 , including, without limitation, positive and negative direct and indirect effects and adverse cumulative effects.

[en. B.C. Reg. 237/2025, Sch. 1, s. 9.]

Direction in relation to formerly reviewable wind energy projects

In this section:

formerly reviewable wind energy project means any of the following that is not a reviewable project within the meaning of the Environmental Assessment Act :

a land-based wind energy project with 15 or more turbines;

a wind energy project with a rated nameplate capacity equal to or greater than 50 MW;

participation provisions means

sections 22.3.1 and 22.3.2 of the final agreement of the Maa-nulth First Nations,

paragraphs 3 and 4 of

Chapter 13 of the final agreement of the Tla'amin Nation, and

clauses 7 and 8 of

Chapter 15 of the final agreement of the Tsawwassen First Nation.

If a permit for a formerly reviewable wind energy project locates an operating area on treaty lands of a treaty first nation,

section 34 (2) (a) [required ownership, interest or authorization] of the primary Act applies in relation to the operating area and, for that purpose, is to be read as requiring that the permit holder either

is the treaty first nation, or

has acquired the consent of the treaty first nation for the energy resource activities permitted by the permit to be carried out in the operating area.

The regulator is directed, for the purposes of

section 25 (1.1) [permits and authorizations issued by regulator] of the primary Act, not to issue a permit for a formerly reviewable wind energy project unless the participation provisions have been upheld.

For the purposes of subsection (3), the participation provisions are to be read as though

a reference to a Provincial Project were a reference to a formerly reviewable wind energy project, and

a reference to participation in an assessment of environmental effects were a reference to participation in the process by which the regulator

assesses the environmental effects of a formerly reviewable wind energy project, and

determines under

section 25 of the primary Act whether to issue a permit and what conditions are to be imposed on the permit.

[en. B.C. Reg. 237/2025, Sch. 1, s. 9.]

[Provisions relevant to the enactment of this regulation: Renewable Energy Projects (Streamlined Permitting) Act , S.B.C. 2025, c. 12, ss. 13 and 20.]