50/2014

O.C. 184/2014

April 14, 2014

Environmental Assessment Act

Environmental Assessment Fee Regulation

Definition

Definition

In this regulation, Act means the Environmental Assessment Act .

Preliminary Fees

Fee for certificate exemption

On making an order under

section 10 (1) (

b) of the Act, the executive director may

make an order requiring the payment of a fee of $10 000.

Fee for assessment determination

An order requiring the payment of a fee of $75 000 may be made by

the executive director, on making an order under

section 11 of the Act,

the minister, on making an order under

section 14 of the Act.

The executive director or the minister, as applicable, may reduce the fee that

must be paid under subsection (1) to $45 000 if satisfied that the matter

warrants this, having regard to all of the following:

the size and scope of the reviewable project, including consideration

both on-site and off-site facilities and activities, and

the extent to which the reviewable project involves the use of new

technologies or methods that are experimental or unusual, or are otherwise not

proven or well understood;

the location of the reviewable project, including identification of

the municipalities and regional districts in which the reviewable project or

associated facilities and activities are located,

the treaty first nations, if any, who have treaty rights that may be

adversely affected by the reviewable project, including with whom consultation is

required under

section 29.1 of the Act, and

iii

the first nations, if any, who have asserted or proven aboriginal rights

that may be adversely affected by the reviewable project;

the current condition of the land base on which the reviewable project will be

located;

the potential for significant adverse environmental, economic, social,

heritage or health effects that may be posed by the reviewable project, considered

both specifically and cumulatively.

The executive director or the minister, as applicable, may reduce the fee that

must be paid under subsection (1) to $25 000 if satisfied of both of the

following:

that the nature and scope of the reviewable project is significantly less

complex than the majority of projects;

that the making of a determination under

section 11 or 14 of the Act, as

applicable, has incurred significantly fewer costs than the majority of projects

usually incur.

Application Fees

Fee for environmental assessment certificate

On receiving an application under

section 16 (1) or (6) of the Act for an

environmental assessment certificate, the executive director or the minister, as

applicable, may make an order requiring the payment of a fee as follows:

$112 500, if the proponent was subject to an order under

section 11 or 14 of

the Act before this

section came into effect and no fee has been paid under

section 3

of this regulation;

$75 000, if the proponent was required to pay a fee of $75 000 under

section 3

(1) of this regulation;

$45 000, if the proponent was required to pay a fee of $45 000 under

section 3

(2) of this regulation;

$25 000, if the proponent was required to pay a fee of $25 000 under

section 3

(3) of this regulation.

If an application under

section 16 (1) or (6) of the Act is resubmitted, an

order may be made under subsection (1) in respect of the original application or the

resubmission, but not both.

The executive director or the minister, as applicable, may reduce the fee that

must be paid under subsection (1) (

a) of this

section to

$67 500, if satisfied that the matter warrants this having regard to all of the

matters described in

section 3 (2), or

$37 500, if satisfied that the matter warrants this having regard to all of the

matters described in

section 3 (3).

Time and fee for deadline extension

The holder of an environmental assessment certificate who intends to make an

application under

section 18 (2) of the Act for an extension of the deadline specified

in the certificate must make the application no later than 9 months before the deadline

expires.

Despite subsection (1), the executive director may accept an application made less

than 9 months before the deadline expires if satisfied that sufficient time remains to

appropriately review the application.

On receiving an application under

section 18 (2) of the Act, the executive

director may make an order requiring the payment of a fee of $10 000.

The executive director may reduce the fee that must be paid under subsection

(3) to $2 000 if satisfied that the matter warrants this, having regard to

all of the following:

the reasons given by the holder respecting why the holder wishes an extension

of the deadline;

the extent to which the reviewable project has been started, if at

all;

the factors, if any, that contributed to a delay of the reviewable

project;

any change in circumstances since the certificate was granted, including with

respect to the matters described in

section 3 (2), whether or not a fee reduction was

granted under that section.

Fee for amendment to environmental assessment

certificate

On receiving an application under

section 19 (1) of the Act to amend an

environmental assessment certificate, the executive director may make an order requiring

the payment of a fee of $10 000.

The executive director may reduce the fee that must be paid under subsection

(1) to $2 000 if satisfied that the amendment is minor, being merely

technical or administrative in nature.

Subject to subsection (4) of this section, the executive director

may increase the fee that must be paid under subsection (1) of this

section to

$50 000 if satisfied that the amendment is complex, having regard to all of the

following:

the nature and scope of the amendment being sought;

anything described in

section 3 (2) that is relevant to the amendment

being sought;

the reasons given by the holder respecting why the holder wishes an amendment

to the certificate.

An increase under subsection (3) must not be made unless

the holder is first given written notice of the intended increase and a

reasonable opportunity to respond, in writing, and

the executive director is satisfied that the determination of whether the

amendment should be granted would likely incur significantly greater costs than $10

Enforcement Fees

Fee for inspection

In this section, inspection time includes time spent

conducting the following activities for the purpose of assessing compliance with the

Act, the regulations made under the Act, or the conditions of an environmental

assessment certificate:

planning an inspection;

travelling to and from, and entering and inspecting, a site;

reviewing information with respect to the construction, operation, modification,

dismantling or abandonment of a physical work, including information already in the

possession of, or readily available to, the executive director;

preparing reports or other records following an activity described in paragraph (

b) or (c).

Subject to subsection (3), on completion of an inspection under

section 33 of the Act, the executive director may make an order requiring the payment of

a fee as follows:

$1 700 for an inspection requiring at least 30 hours but less than 60 hours of

inspection time;

$4 500 for an inspection requiring at least 60 hours but less than 90 hours of

inspection time;

$6 500 for an inspection requiring 90 hours or more of inspection

time.

If an inspector is not required to travel for the purposes of an inspection

under

section 33 of the Act, the executive director may make, on completion of the

inspection and regardless of how much inspection time is required, an order requiring

the payment of a fee of $2 000.

Fee for compliance report review

This

section applies if a condition of an environmental assessment certificate

requires that one or more reports be submitted to the executive director providing

information with respect to the compliance of the certificate holder with other

conditions of the certificate.

On receiving and reviewing a report described in subsection (1), the executive

director may make an order requiring the payment of a fee of $75.

Orders

Orders to pay fees

An order made under this regulation must be directed to the following

persons:

in the case of an order made under any of sections 2 to 4, the proponent of the

reviewable project;

in the case of an order made under

section 5 or 6, the holder

of the environmental assessment certificate;

in the case of an order made under

section 7 or 8,

the holder of the environmental assessment certificate, or

if no environmental assessment certificate has been issued in respect of a

reviewable project, the person responsible for the reviewable project.

A person who is subject to an order made under this regulation must comply with

the order within the time stated in the order.

If a person fails to comply with an order within the time stated in the order,

the executive director or the minister, as applicable, may do one or more of the

following:

extend the time for compliance, if satisfied that it is reasonable to do so

having regard to the extent of and the reason for the delay;

if the order was made in respect of an application, deem the application to have

been withdrawn and refuse to consider the application further;

if the order was not made in respect of an application, refuse to consider a

subsequent application made under the Act or to otherwise deal further with the person

in respect of a reviewable project until the outstanding fee and all interest owing on

it is paid;

take any action permitted under the Act in respect of the failure to comply with

an order.

[Provisions relevant to the enactment of this regulation:

Environmental Assessment Act , S.B.C. 2002, c. 43,

section 50 (2) (

a) and

(

b) and (3)]