BILL 15 – 2025
INFRASTRUCTURE PROJECTS ACT
HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of British Columbia, enacts as
follows:
Part 1 – Definitions
Definitions
1 In this Act:
"approval authority" means
(a) a specified authority,
(b) an agent of a specified authority, and
(c) any other prescribed person or entity;
"category 1 project" means the following:
(a) an infrastructure project that is designated under section 4 (1) (a) (i) [designation of infrastructure projects];
(b) a class of infrastructure projects that is designated under section 4 (1) (a) (ii);
"category 2 project" means an infrastructure project that is designated under section 4 (1) (b);
"constraint", in relation to an infrastructure project, means a measure that, unless replaced under section 12 [consultations for removal of constraints] or 19 [orders respecting constraints], may impede or otherwise interfere with the completion or operations of the infrastructure project;
"designated project" means the following:
(a) a category 1 project;
(b) a category 2 project;
"infrastructure project" includes the planning, development, construction, modification and dismantling of infrastructure;
"measure" means an enactment, directive, requirement, guideline, plan, program, policy, practice or procedure;
"proponent", in relation to a designated project, means the person named as the proponent in a regulation made under section 4;
"provincial permit" has the prescribed meaning;
"qualified professional" has the prescribed meaning;
"specified authority" means,
(a) in relation to a municipality, the council of a municipality, including the council of the City of Vancouver,
(b) in relation to a regional district, the board of a regional district,
(c) in relation to a trust area under the Islands Trust Act, the local trust committee as defined in section 1 of that Act,
(d) in relation to the University Endowment Land, the minister responsible for the administration of the University Endowment Land Act, and
(e) a prescribed person or entity;
"University Endowment Land" has the same meaning as in section 1 of the University Endowment Land Act.
Part 2 – Minister's Powers
Minister's general powers – infrastructure projects
2 (1) The minister may do the following in relation to infrastructure projects:
(a) establish policies relating to infrastructure projects;
(b) plan and manage infrastructure projects;
(c) make recommendations for the effective coordination and development of infrastructure projects;
(d) make recommendations regarding priorities for infrastructure projects;
(e) acquire land, on behalf of the government or on
behalf of a prescribed person or entity, or a prescribed class of
persons or entities, by purchase, lease or otherwise, for present or
future infrastructure projects;
(f) dispose of land, or make land available, to any prescribed person or entity or prescribed class of persons or entities;
(g) transfer the administration of land to another minister of the government with the consent of that other minister;
(h) exercise any other prescribed power.
(2) With the consent of the minister, another minister of
the government who has the administration of land may, for the purposes
of this Act, transfer the administration of the land to the minister.
Minister's powers – category 1 projects
3 The minister has the following powers in relation to a category 1 project:
(a) the power to develop, construct or alter a category 1
project or provide services in relation to developing, constructing or
altering a category 1 project;
(b) the power to act as a general contractor or project
manager, or provide or arrange for general contractor services or
project management services, for a category 1 project;
(c) the power to acquire, by purchase, rental or
otherwise, equipment, fixtures and other property, real or personal and
movable or immovable, required for a category 1 project;
(d) any other prescribed power.
Part 3 – Designation of Infrastructure Projects
Designation of infrastructure projects
4 (1) The Lieutenant Governor in Council may, on the recommendation of the minister, make regulations to
(a) designate the following as a category 1 project:
(i) an infrastructure project;
(ii) a class of infrastructure projects, or
(b) designate a provincially significant infrastructure project as a category 2 project.
(2) The Lieutenant Governor in Council may establish eligibility requirements for a designation under subsection (1).
(3) A designation under subsection (1) (a) (i) or (b)
must include a description of the infrastructure project that sets out
the following:
(a) the scope of the infrastructure project;
(b) the intended purpose of the infrastructure project;
(c) anticipated constraints, if applicable;
(d) the name of the proponent of the infrastructure project;
(e) any other prescribed details of the infrastructure project.
(4) A designation under subsection (1) (a) (ii) must set out the following:
(a) the name of the proponent of each infrastructure project in the class;
(b) any other prescribed details of the class of infrastructure projects.
Authorizations for designated projects
5 (1) In making a regulation
under section 4, the Lieutenant Governor in Council may authorize the
minister to do one or more of the following in respect of the designated
project:
(a) use a qualified professional certification in accordance with section 6;
(b) use the permitting prioritization process in accordance with section 7;
(c) exercise the powers set out in section 8 [reviewable projects under Environmental Assessment Act];
(d) use the expedited process in Division 3 [Process to Expedite Designated Projects] of Part 4 [Streamlining Designated Projects].
(2) In making a regulation under section 4, the Lieutenant Governor in Council may do one or more of the following:
(a) direct the use of the expedited environmental assessment under Part 7.1 [Expedited Environmental Assessment for Designated Infrastructure Projects] of the Environmental Assessment Act;
(b) specify that Division 2 [Varying Requirements in Provincial Legislation] of Part 4 [Streamlining Designated Projects] of this Act applies;
(c) include terms, conditions and restrictions in respect of an authorization under this section.
Part 4 – Streamlining Designated Projects
Division 1 – Streamlined Permitting
Qualified professional certifications
6 (1) If authorized in a
regulation under section 4, a certification issued or provided by a
qualified professional may be used in accordance with this section and
the regulations.
(2) A qualified professional may, in accordance with the regulations, issue or provide a certification
(a) that takes the place of an approval, permit, licence
or other authorization that would otherwise be required under a
prescribed enactment, or
(b) that requires the issuance or provision of an
approval, permit, licence or other authorization under a prescribed
enactment that is required under that enactment.
(3) If a qualified professional certification is issued
or provided under this section, the certification must be considered to
be the approval, permit, licence or other authorization that is required
under the prescribed enactment and to have been issued or provided
under that enactment.
Prioritization of provincial permits
7 (1) In this section:
"regulator" means a person or entity that issues or provides a provincial permit;
"review" includes a review, assessment or other determination about the issuance or provision of a provincial permit.
(2) If authorized in a regulation under section 4 [designation of infrastructure projects],
the minister may require a regulator to prioritize the designated
project in accordance with the regulations of the minister referred to
in subsection (3).
(3) For the purposes of subsection (2), the minister may
make regulations establishing a permitting prioritization process to
expedite a regulator's review of the designated project, including,
without limitation, by imposing timelines.
(4) If the minister considers that the permitting
prioritization process will not sufficiently expedite the review and the
issuance or provision of the provincial permit, the minister may make a
recommendation for the purposes of subsection (5).
(5) On a recommendation under subsection (4), the Lieutenant Governor in Council may take one or more prescribed actions.
Reviewable projects under Environmental Assessment Act
8 (1) In this section:
"approval under another enactment" has the same meaning as in section 1 of the Environmental Assessment Act;
"environmental assessment certificate" has the same meaning as in section 1 of the Environmental Assessment Act;
"reviewable project" has the same meaning as in section 1 of the Environmental Assessment Act.
(2) Subject to subsection (3), if authorized in a regulation under section 4 [designation of infrastructure projects],
the minister may, in relation to a designated project that is also a
reviewable project and with respect to which an environmental assessment
certificate has been issued, order a person, board, tribunal or agency
that has the authority to issue an approval under other enactments to
issue the approval
(a) within a specified time,
(b) in accordance with any conditions specified in the order, and
(c) subject to other reasonable conditions that the person, board, tribunal or agency considers appropriate.
(3) The powers in subsection (2) may not be exercised in respect of a specified authority.
(4) Despite another enactment, the issuance of an approval under another enactment specified under subsection (1) is
(a) final and binding, and
(b) not subject to review or appeal under the other enactment.
(5) The powers in subsection (2) may only be exercised in accordance with the regulations.
Division 2 – Varying Requirements in Provincial Legislation
Request for varying requirements in provincial legislation
9 (1) If this Division
applies in relation to a designated project located within the
boundaries of a specified authority, the specified authority may make a
request, in accordance with the regulations, that the Lieutenant
Governor in Council exercise the power conferred under subsection (3) to
expedite the designated project.
(2) The Lieutenant Governor in Council may consider a
request under subsection (1) for the purpose of determining whether to
exercise the power conferred under subsection (3).
(3) The Lieutenant Governor in Council may, by
regulation, do the following, in relation to a designated project, in
respect of provisions described in subsection (4) that include a
requirement prescribed under subsection (6) of this section:
(a) make an exemption from one or more requirements in the provision;
(b) modify a requirement set in a provision;
(c) establish terms and conditions in relation to anything done under paragraph (a) or (b).
(4) The following are the provisions for the purposes of subsection (3):
(a) a provision of the Islands Trust Act;
(b) a provision of Part 13 [Regional Growth Strategies] or Part 14 [Planning and Land Use Management] of the Local Government Act;
(c) a provision of the University Endowment Land Act;
(d) a provision of Part XXVII [Planning and Development] of the Vancouver Charter.
(5) For the purposes of subsection (1), the Lieutenant
Governor in Council may make regulations respecting requests under that
subsection.
(6) For the purposes of subsection (3), the Lieutenant Governor in Council may prescribe requirements other than the following:
(a) a requirement in relation to section 488 (1) (a), (b), (c), (i) or (k) [designation of development permit areas] of the Local Government Act;
(b) a requirement in relation to a provision in the Vancouver Charter that addresses matters that are similar to the matters addressed in section 488 (1) (a), (b), (c), (i) or (k) of the Local Government Act.
Division 3 – Process to Expedite Designated Projects
Application of Division
10 This Division applies to a designated project if the regulation under section 4 [designation of infrastructure projects] for the designated project authorizes the use of the expedited process in this Division.
Expeditious completion of designated projects
11 The minister may require
every approval authority having jurisdiction in respect of a constraint
to take all reasonable actions to
(a) ensure that decisions they are required to make in relation to the designated project are made expeditiously, and
(b) if and to the extent that it is decided that the
designated project is to proceed, facilitate the expeditious completion
and intended operations of the designated project.
Consultations for removal of constraints
12 (1) If the proponent
considers that a designated project is being or may be impeded by a
constraint, the proponent must consult with the approval authority
having jurisdiction over that constraint in order to arrive at a means
by which the completion and operations of the designated project can be
facilitated in a manner that is consistent with the reasonable
requirements of the approval authority.
(2) If the minister is the proponent, the Lieutenant
Governor in Council may, by order, appoint a facilitator under
section 16 (a) [appointment of consultants and experts] to facilitate the consultations referred to in subsection (1) of this section.
(3) If the minister is not the proponent, the minister
may, by order, appoint a facilitator under section 16 (b) to facilitate
the consultations referred to in subsection (1) of this section.
(4) Once a facilitator becomes involved under subsection
(2) or (3), the proponent and the affected approval authority must
provide information as requested by the facilitator and must otherwise
cooperate with the facilitator in fulfilling their responsibilities.
(5) If a proponent and an approval authority are able,
through the consultation process contemplated by this section, to reach
agreement on how a measure that is perceived by the proponent to be a
constraint on a designated project can be overcome in a manner that is
consistent with the reasonable requirements of the approval authority,
the parties must
(a) enter into an implementation agreement in which
(i) the measure that is perceived to be a constraint is identified,
(ii) the measures that the parties have agreed are to replace the constraint are specified,
(iii) the approval authority agrees to waive
performance of the constraint identified in subparagraph (i) if the
proponent performs the replacement measures specified under
subparagraph (ii),
(iv) the proponent agrees to perform the replacement measures specified under subparagraph (ii), and
(v) prescribed matters are addressed, and
(b) in the case in which the proponent is not the minister, submit the implementation agreement to the minister for approval.
(6) If an implementation agreement is submitted to the
minister under subsection (5) (b), the minister may approve the
agreement.
(7) If, after an implementation agreement is entered into
under this section in relation to a designated project, the
implementation agreement is approved by the minister under
subsection (6), if applicable, and the replacement measures specified
under subsection (5) (a) (ii) are complied with, the following apply to
the infrastructure project whether or not the infrastructure project
loses its designation as a designated project after the implementation
agreement is made:
(a) compliance with the replacement measures is considered to be compliance with the constraints they replace;
(b) the approval authority must treat the designated
project as having complied with the replaced constraints and, without
limitation, must
(i) issue or provide, or facilitate the issuance or
provision of, the permits, approvals and consents that would normally be
issued or provided had the replaced constraints actually been complied
with, and
(ii) take, or cause to be taken, any actions that
would normally be taken had the replaced constraints actually been
complied with.
(8) For the purposes of subsection (7) (b), an approval
authority referred to in that subsection must issue or provide, or
facilitate the issuance or provision of, the permits, approvals and
consents referred to in subsection (7) (b) (i), and must take, or cause
to be taken, the actions referred to in subsection (7) (b) (ii), in the
manner, within the time and on the terms and conditions that
(a) are specified in the implementation agreement, or
(b) if not specified in the implementation agreement,
would normally apply had the replaced constraints actually been complied
with.
Designated project completion
13 (1) This section does not apply in respect of a designated project in relation to which the minister is the proponent.
(2) The proponent must ensure that a designated project is undertaken, performed and completed
(a) in accordance with the description of the infrastructure project included in the designation under section 4 (3) [designation of infrastructure projects], or in accordance with the prescribed details included in a designation under section 4 (4), as applicable, and
(b) in a manner that will allow a designated project to be used only for
(i) the purposes identified in the description under
section 4 (3), or in the prescribed details under section 4 (4), as
applicable, and
(ii) other purposes reasonably related to those identified purposes.
Designated project performance
14 After replacement
measures for a designated project have been set out in an implementation
agreement under section 12 (5) or in an order under section 19 (1), (2)
or (4) [orders respecting constraints], the proponent must
ensure that the designated project is undertaken and performed in
accordance with the replacement measures and,
(a) if the designated project is undertaken and performed in accordance with the replacement measures,
(i) the constraint replaced by those replacement
measures does not apply to a designated project during the period for
which it has been replaced,
(ii) no person is liable to any fine, penalty or
offence for failing, during that period, to comply with the replaced
constraint in anything done or omitted to be done in relation to a
designated project, and
(iii) any rights or powers of any person that apply
to or in respect of the replaced constraint, and any provisions of any
enactment that apply to that constraint, including, without limitation,
any offence, penalty, liability or similar provisions that apply in the
event of a failure to comply with the replaced constraint, apply to the
replacement measure, except to the extent that their application is
limited by the implementation agreement or order, or
(b) if a designated project is not undertaken and performed in accordance with the replacement measures,
(i) the constraint the replacement measures were intended to replace applies to the designated project,
(ii) any rights or powers of any person that apply to
or in respect of the replaced constraint, and any provisions of any
enactment that apply to that constraint, including, without limitation,
any offence, penalty, liability or similar provisions that apply in the
event of a failure to comply with the replaced constraint, continue to
apply to a designated project as if no implementation agreement or order
had been made, and
(iii) the proponent must ensure that a designated project is undertaken and performed in accordance with that constraint.
Monitoring performance
15 (1) This section does not apply in respect of a designated project in relation to which the minister is the proponent.
(2) The minister may, to ensure that a designated project
is being undertaken and performed in accordance with sections 13 (2)
and 14 (a), monitor a designated project or cause a designated project
to be monitored.
(3) For the purposes of subsection (2) of this section, the minister may appoint a monitor under section 16 (b).
(4) A monitor referred to in subsection (3) of this
section may inspect a designated project to ensure that it is being
undertaken and performed in accordance with sections 13 (2) and 14 (a)
and must
(a) carry identification in the prescribed form,
(b) present the identification to the owner or occupant of any premises being inspected under this section, and
(c) on the conclusion of the inspection, prepare a
report on the results of that inspection and provide a copy of that
report to the minister.
(5) The proponent must, on the request of a monitor
referred to in subsection (3), give to the monitor every assistance in
connection with the inspection that the proponent is reasonably able
to give.
(6) An oral or written statement or report made by a
monitor or any other person in an inspection under this section has
qualified privilege.
Appointment of consultants and experts
16 For the purposes of this Division,
(a) in the case of a designated project in relation to
which the minister is the proponent, the Lieutenant Governor in Council
may at any time appoint facilitators and set their remuneration and the
terms of their appointments, and
(b) in the case of a designated project in relation to
which the minister is not the proponent, the minister may at any time
appoint facilitators, monitors, consultants and experts and set their
remuneration and the terms of their appointments.
Costs may be recovered
17 (1) This section does not apply in respect of a designated project in relation to which the minister is the proponent.
(2) The minister may order the proponent of a designated
project to pay prescribed fees or prescribed charges for all or part of
the costs that are incurred, for or in relation to any matter under this
Division, by or on behalf of the government or a person appointed under
section 16.
Authorization in respect of constraints
18 (1) If the proponent of a
designated project is not the minister, the Lieutenant Governor in
Council may, in a regulation under section 4 (1) (a) (i) or (ii) [designation of infrastructure projects], authorize the minister to approve, subject to section 12 [consultations for removal of constraints], the replacement of, and to create measures to replace, any or all of
(a) specified constraints,
(b) constraints of a specified class, and
(c) any constraints affecting the designated project.
(2) If the minister is the proponent of a designated
project, the Lieutenant Governor in Council may, by regulation, replace,
and create measures to replace, any or all of
(a) specified constraints,
(b) constraints of a specified class, and
(c) any constraints affecting the designated project.
(3) If the proponent of a designated project is not the
minister, the proponent must provide to the minister, when and as
required by the minister, any information relating to the designated
project that the minister may request.
Orders respecting constraints
19 (1) If, in the case in
which the minister is not the proponent, at any time, the minister
considers that an agreement contemplated under section 12 (5) [consultations for removal of constraints]
in relation to a constraint will not be reached and the constraint is
one that the minister has been authorized under section 18 (1) to
replace, the minister may
(a) develop detailed measures to replace the measure that is perceived to be a constraint, and
(b) set out those replacement measures in an order.
(2) If, in the case in which the minister is the
proponent, at any time, the minister considers that an agreement
contemplated under section 12 (5) in relation to a constraint will not
be reached, the minister may
(a) develop detailed measures to replace the measure that is perceived to be a constraint, and
(b) make a recommendation to the Lieutenant Governor in Council to set out those replacement measures in an order.
(3) In developing the replacement measures referred to in
subsection (1) or (2), the minister must consult with the affected
approval authority and any facilitator appointed under section 16 [appointment of consultants and experts] in respect of the designated project.
(4) The minister may at any time propose an amendment to
an order under this section, or make a recommendation to the Lieutenant
Governor in Council to amend an order, as applicable, and, in developing
the amendment, the minister must consult with the affected approval
authority and any facilitator appointed in respect of a designated
project under section 16.
(5) If an order is made under this section in relation to
a designated project and if the replacement measures set out in that
order as they apply to the designated project are complied with, the
following apply to the infrastructure project whether or not the
infrastructure project loses its designation as a designated project
after the order is made:
(a) compliance with the replacement measures is considered to be compliance with the constraints they replace;
(b) all affected approval authorities must treat the
infrastructure project as having complied with the replaced constraints
and, without limitation, must
(i) issue or provide, or facilitate the issuance or
provision of, the permits, approvals and consents that would normally be
issued or provided had the replaced constraints actually been complied
with, and
(ii) take or cause to be taken any actions that would
normally be taken had the replaced constraints actually been
complied with.
(6) For the purposes of subsection (5) (b), an approval
authority referred to in that subsection must issue or provide, or
facilitate the issuance or provision of, the permits, approvals and
consents referred to in subsection (5) (b) (i), and must take, or cause
to be taken, the actions referred to in subsection (5) (b) (ii), in the
manner, within the time and on the terms and conditions that
(a) are specified in the order, or
(b) if not specified in the order, would normally apply had the replaced constraints actually been complied with.
Engagement with Indigenous peoples
20 A regulation under
section 18 or an order under section 19 may not be made in relation to
provisions of an enactment respecting engagement with Indigenous
peoples, as defined in the Declaration on the Rights of Indigenous Peoples Act.
Part 5 – Application of Other Enactments to Infrastructure Projects
College and Institute Act
21 The Lieutenant Governor
in Council may, in relation to infrastructure projects and on the
recommendation of the minister responsible for the administration of
this Act, make orders under section 65 [transfer of properties from government] of the College and Institute Act.
Health Authorities Act
22 The Lieutenant Governor
in Council may, in relation to infrastructure projects and on the
recommendation of the minister responsible for the administration of
this Act, make orders under section 17 [transfer of facilities from the Provincial government] and regulations under section 21 (3) (d) [power to make regulations and orders] of the Health Authorities Act.
Hospital Act
23 (1) In this section, "capital planning" means planning in relation to infrastructure projects.
(2) The Lieutenant Governor in Council may, in relation
to infrastructure projects and on the recommendation of the minister
responsible for the administration of this Act, make regulations under
section 52 (7) (c) [appointment of examining board or public administrator] of the Hospital Act.
(3) The Lieutenant Governor in Council may, in relation
to the capital planning and construction of hospitals and on the
recommendation of the minister responsible for the administration of
this Act, make regulations under section 56 (3) (j) [power to make regulations] of the Hospital Act.
School Act
24 The Lieutenant Governor
in Council may, in relation to infrastructure projects and on the
recommendation of the minister responsible for the administration of
this Act, make orders under sections 99 (1) and (2) [grants of Crown land] and 175 (2) (e) [power to make regulations and orders] of the School Act.
Part 6 – General
Section 5 of the Offence Act
25 Section 5 of the Offence Act does not apply to this Act or regulations or orders made under this Act.
General regulation-making powers
26 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1) or any other
provision of this Act, the Lieutenant Governor in Council may make
regulations respecting any matter for which regulations are contemplated
by this Act.
(3) A regulation under this Act may do any or all of the following:
(a) delegate a matter to
(i) a minister, or
(ii) a person who is employed in the government;
(b) confer a discretion on
(i) a minister, or
(ii) a person who is employed in the government;
(c) make different regulations in relation to different
classes of persons, things, circumstances or other matters and establish
classes for that purpose;
(d) adopt by reference, in whole, in part or with any changes considered appropriate, a regulation, code, standard or rule
(i) enacted as or under a law of another jurisdiction in or outside Canada, or
(ii) set by a provincial, national or international body or any other code-, standard- or rule-making body
as the regulation, code, standard or rule stands at a
specific date, as it stands at the time of adoption or as amended from
time to time.
Regulations relating to designations of infrastructure projects
27 Without limiting any
other provisions of this Act, the Lieutenant Governor in Council may
make regulations in relation to a designation of an infrastructure
project under Part 3 [Designation of Infrastructure Projects], including, without limitation, prescribing conditions, circumstances or prerequisites as eligibility requirements.
Regulations relating to qualified professional certifications
28 Without limiting any
other provisions of this Act, the Lieutenant Governor in Council may
make regulations establishing a framework for the use of qualified
professional certifications, including, without limitation, making the
following regulations:
(a) prescribing the enactments in relation to which a qualified professional certification may be used;
(b) establishing the circumstances in which a qualified professional certification may be used and how it may be used;
(c) establishing standards for qualified professional certifications;
(d) specifying which provisions in an enactment
prescribed for the purposes of qualified professional certifications
apply, apply with modification or do not apply in relation to a
qualified professional certification;
(e) establishing a registry of qualified professionals;
(f) establishing standards or requirements for qualified professionals;
(g) establishing procedures for non-compliance with the
standards or requirements for qualified professionals, including,
without limitation, the removal from the registry of qualified
professionals referred to in paragraph (e);
(h) establishing fees or charges for qualified professional certifications.
Regulations relating to prioritization of provincial permits
29 Without limiting any
other provisions of this Act, the Lieutenant Governor in Council may
make regulations prescribing actions for the purposes of section 7 (5) [prioritization of provincial permits],
including, without limitation, imposing a completion date for
prioritization or the issuance or provision of a provincial permit.
Regulations relating to reviewable projects under Environmental Assessment Act
30 Without limiting any
other provisions of this Act, the Lieutenant Governor in Council may
make regulations for the purposes of section 8 (5) [reviewable projects under Environmental Assessment Act], including, without limitation, establishing the circumstances in which the powers under that section may be exercised.
Part 7 – Repeal and Consequential Amendments
Division 1 – Repeal
Repeal
31 The Significant Projects Streamlining Act, S.B.C. 2003, c. 100, is repealed.
Division 2 – Consequential Amendments
College and Institute Act
32 Section 63 of the College and Institute Act, R.S.B.C. 1996, c. 52, is repealed and the following substituted:
Planning, evaluation and reports
63 (1) In this section, "infrastructure project" has the same meaning as in section 1 of the Infrastructure Projects Act.
(2) An institution must
(a) plan for and evaluate its programs and operations on an ongoing basis,
(b) on the request of the minister, report on its programs and operation in a form the minister directs, and
(c) on the request of the minister responsible for the administration of the Infrastructure Projects Act, report on infrastructure projects in a form that minister directs.
33 Section 65 is amended by adding the following subsection:
(0.1) This section is subject to section 21 [College and Institute Act] of the Infrastructure Projects Act.
Environmental Assessment Act
34 The Environmental Assessment Act, S.B.C. 2018, c. 51, is amended by adding the following Part:
Part 7.1 – Expedited Environmental Assessment
for Designated Infrastructure Projects
Definitions
71.1 In this Part:
"designated infrastructure project" means the following:
(a) a category 1 project as defined in section 1 of the Infrastructure Projects Act;
(b) a category 2 project as defined in section 1 of the Infrastructure Projects Act;
"expedited environmental assessment" means an expedited environmental assessment conducted in accordance this Part;
"infrastructure proponent" means a proponent as defined in section 1 of the Infrastructure Projects Act.
Expedited environmental assessment
71.2 (1) If directed in a regulation under section 4 of the Infrastructure Projects Act,
an environmental assessment of a designated infrastructure project that
is a reviewable project must be conducted in accordance with the
process established under this Part.
(2) Subject to the regulations, the following provisions
of this Act do not apply to an environmental assessment under this Part:
(a) Part 3, other than sections 6 to 8;
(b) Part 4;
(c) Part 5, other than sections 21, 22 and 31 to 33;
(d) Part 6, other than sections 40, 47 and 48.
(3) An environmental assessment under this Part must be completed within a prescribed period.
(4) An environmental assessment certificate issued under
this Part is to be considered to be an environmental assessment
certificate issued under Part 5.
Power to make regulations – expedited environmental assessment
71.3 (1) Without limiting
any other provision of this Act, the Lieutenant Governor in Council, on
the recommendation of the minister responsible for the administration of
the Infrastructure Projects Act, may make regulations for the purposes of this Part, including, without limitation, the following regulations:
(a) prescribing a period for the purpose of section 71.2 (3);
(b) establishing a process of assessment, including, without limitation,
(i) establishing the scope of the assessment,
(ii) establishing the methods and procedures of an assessment,
(iii) establishing timelines of an assessment,
(iv) prescribing consensus-seeking opportunities in relation to participating Indigenous nations, and
(v) prescribing requirements for public participation and engagement;
(c) prescribing how the expedited environmental
assessment is to be conducted and who may conduct an expedited
environmental assessment;
(d) prescribing how to determine whether to issue an environmental assessment certificate;
(e) authorizing the issuance of an environmental
assessment certificate, including, without limitation, the issuance of a
certificate with conditions;
(f) authorizing the refusal to issue an environmental assessment certificate.
(2) A regulation made under this section may
(a) be made applicable to
(i) a specific designated infrastructure project or infrastructure proponent, or
(ii) a class of designated infrastructure projects or a class of infrastructure proponents, and
(b) provide differently for different projects or classes.
Health Authorities Act
35 Section 17 of the Health Authorities Act, R.S.B.C. 1996, c. 180, is amended by adding the following subsection:
(0.1) This section is subject to section 22 of the Infrastructure Projects Act.
36 Section 21 (3) (d) is amended by adding "subject to section 22 of the Infrastructure Projects Act," before "to enable".
Hospital Act
37 Section 52 of the Hospital Act, R.S.B.C. 1996, c. 200, is amended
(a) by adding the following subsection:
(0.1) In this section:
"appointing minister" means, as applicable, the minister who appoints an examining board under subsection (1) or (1.1);
"capital planning" means planning in relation to infrastructure projects;
"infrastructure project" has the same meaning as in section 1 of the Infrastructure Projects Act. ,
(b) in subsection (1) (a) by striking out "planning, construction or operation" and substituting "planning, other than capital planning, or operation",
(c) by adding the following subsection:
(1.1) If the minister responsible for the administration of the Infrastructure Projects Act considers it necessary in the public interest, the minister may appoint an examining board to
(a) examine any aspect of the capital planning and construction of a hospital, and
(b) hear and receive evidence about it. ,
(d) in subsections (2) and (3) by striking out "the minister" wherever it appears and substituting "the appointing minister", and
(e) by repealing subsection (7) (c) and substituting the following:
(c) the planning, other than capital planning, or
operation of the hospital after the termination of the appointment of
the public administrator;
(d) subject to section 23 of the Infrastructure Projects Act, the capital planning or construction of the hospital after the termination of the appointment of the public administrator.
38 Section 56 (3) (j) is amended by adding "subject to section 23 of the Infrastructure Projects Act," before "the terms".
Islands Trust Act
39 The Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by adding the following section:
Interpretation
1.1 This Act is subject to Division 2 [Varying Requirements in Provincial Legislation] of Part 4 [Streamlining Designated Projects] of the Infrastructure Projects Act.
Local Government Act
40 The Local Government Act, R.S.B.C. 2015, c. 1, is amended by adding the following section to Division 1 of Part 13:
Interpretation
425.1 This Part is subject to Division 2 [Varying Requirements in Provincial Legislation] of Part 4 [Streamlining Designated Projects] of the Infrastructure Projects Act.
41 The following section is added to Division 1 of Part 14:
Interpretation
454.1 This Part is subject to Division 2 [Varying Requirements in Provincial Legislation] of Part 4 [Streamlining Designated Projects] of the Infrastructure Projects Act.
School Act
42 Section 99 of the School Act, R.S.B.C. 1996, c. 412, is amended by adding the following subsection:
(0.1) This section is subject to section 24 [School Act] of the Infrastructure Projects Act.
43 Section 175 is amended by adding the following subsection:
(0.1) This section is subject to section 24 [School Act] of the Infrastructure Projects Act.
University Act
44 Section 49 of the University Act, R.S.B.C. 1996, c. 468, is amended by adding the following subsections:
(0.1) In this section, "infrastructure project" has the same meaning as in section 1 of the Infrastructure Projects Act.
(1.1) At the request of the minister responsible for the administration of the Infrastructure Projects Act,
a university must provide that minister with reports and any other
information that that minister considers necessary to carry out that
minister's responsibilities in relation to infrastructure projects.
University Endowment Land Act
45 The University Endowment Land Act, R.S.B.C. 1996, c. 469, is amended by adding the following section:
Interpretation
1.1 This Act is subject to Division 2 [Varying Requirements in Provincial Legislation] of Part 4 [Streamlining Designated Projects] of the Infrastructure Projects Act.
Vancouver Charter
46 Section 559 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended
(a) by renumbering the section as section 559 (1), and
(b) by adding the following subsection:
(2) This Part is subject to Division 2 [Varying Requirements in Provincial Legislation] of Part 4 [Streamlining Designated Projects] of the Infrastructure Projects Act.
Water Sustainability Act
47 Section 84 (2) (i) of the Water Sustainability Act, S.B.C. 2014, c. 15, is repealed.
Commencement
48 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item |
Column 1
Provisions of Act |
Column 2
Commencement |
| 1 |
Anything not elsewhere covered by this table |
The date of Royal Assent |
| 2 |
Section 1 |
By regulation of the Lieutenant Governor in Council |
| 3 |
Sections 3 to 47 |
By regulation of the Lieutenant Governor in Council |
Explanatory Note
This Bill provides for the designation of different types of
infrastructure projects and the authorization by the Lieutenant Governor
in Council to use specified streamlining options in relation to
infrastructure projects that have been designated.
|