British Columbia s Environmental Assessment Process Seminar #2 Guide for Aboriginal Groups and the General Public on the BC Environmental Assessment Process February 23, 2016 Paul Craven
About the BC Environmental Assessment Office Administers BC s Environmental Assessment Act and regulations. Stand-alone office dedicated to EAs We assess proposed major projects for potentially significant adverse environmental, social, economic, health and heritage effects We seek to meaningfully engage Aboriginal groups in our process We seek public input to inform our work We oversee compliance and conduct enforcement for the life of the project Quick Facts: EAO is a small office with focused mandate: Headed by an Associate Deputy Minister 88 FTEs $11.8 million (2016/17 Estimates) with fees going to Consolidated Revenue Fund 2
What is an Environmental Assessment? Comprehensive assessment of a proposed project to identify: Potential adverse environmental, economic, health, heritage and social effects, including cumulative effects Measures to prevent, reduce or avoid adverse effects 3
Where is Environmental Assessment in the Development of a Project? Exploration Investigative Permitting Environmental Assessment A reviewable project must have an Environmental Assessment Certificate to proceed to permitting (conditional approval) Approvals and Permits Project Construction & Operation Compliance and Effectiveness Management 4
Environmental Assessment Process 5
Project determined as reviewable EAO issues an order under Section 10, 7 or 6 of the Environmental Assessment Act (Act). Most typical path is a project that meets the criteria in the Reviewable Projects Regulation In some cases, proponents will seek an exemption from certificate requirements EAO notifies Aboriginal groups and relevant government agencies 6
Public Consultation Overview EAO requires proponents to develop a Public Consultation Plan and an Aboriginal Consultation Plan Proponents must report on the results of consultation activities throughout the environmental assessment Public consultation can improve project design and provide EA decision-makers with information about community knowledge and/or concerns regarding proposed projects undergoing an EA. EAO seeks public input to focus on the issues to be included in the assessment and the information required to address those issues EAO generally hosts 2 public consultation periods: 1. During the pre-application phase (typically on the Valued Component Selection document) 2. During application review 7
EAO s Public Consultation Review EAO recently announced the results of its Phase 1 Review of the public consultation process In Phase 2, EAO will consider the feedback received and develop updated guidelines on public consultation in the environmental assessment process for proponents and EAO staff EAO s enhanced website will play a key role in improving the public's interaction with and ability to seek information on projects requiring a provincial EA 8
9
Role of Advisory Working Group Made up of representatives from: Local, provincial and federal government agencies Potentially affected Aboriginal groups United States of America Agencies (where applicable) Provides advice on the information required to be in the the proponent s application Reviews and provides comments on the application 10
Key Environmental Review Participants Proponent (with specialist consultants) Local Government Federal Government Provincial Government EAO Aboriginal groups United States of America Agencies (if applicable) Public 11
Role of Proponent Provides all information about project (of sufficient quality in a timely way) Consults with public and Aboriginal groups in Pre- Application and Application Review stages Addresses issues raised in Pre-Application and Application Review stages 12
ABORIGINAL ENGAGEMENT- OVERVIEW 13
Aboriginal Group Involvement Province has a constitutional duty to consult with Aboriginal groups Environmental assessment process considers impacts of major projects on interests of Aboriginal groups Aboriginal groups are invited to participate in Advisory Working Group EAO and proponent are required to consult Aboriginal groups in all review stages Aboriginal groups are invited to review key documents from EAO and proponent 14
Engagement level EAO applies Haida test to determine level of consultation EAO considers existing G2G agreements, where applicable EAO considers additional factors to determine engagement levels Aboriginal groups may have varying levels of interest in a particular project Moving toward: Collaborative approaches Aboriginal groups as partners in the EA process 15
Scope and process for assessment determined EAO develops a draft order under section 11 of the Act that specifies the scope of the project and the assessment Order also sets out the procedures and methods of the EA EAO sends the draft order to Aboriginal groups for review and considers comments that are received. EAO provides a letter responding to any comments provided on the draft section 11 order. EAO issues the section 11 order 16
Valued Component (VC) selection: Working Group Aboriginal groups review the draft VC Selection Document as part of the Working Group. Proponent responds to the comments provided by the working group. EAO considers the comments and the proponent s responses, and then leads an iterative process of issues resolution. At the end of the issues resolution process, the final status of resolution is noted, and First Nations and the Working Group are provided an opportunity to review. VC Selection Document is modified by proponent as directed by EAO. Where First Nations comments have not been resolved to the satisfaction of First Nations, EAO provides reasoned explanations. 17
Application Information Requirements (AIR) and methods Aboriginal groups review the draft Application Information Requirements (AIR) as part of the EAO s advisory Working Group. The proponent responds to the comments provided by First Nations and the working group. EAO considers the comments and the proponent s responses, and then leads an iterative process of issues resolution At the end of the issues resolution process, the final status of resolution is noted, and all working group members are provided an opportunity to review. The draft AIR is modified by the proponent as directed by EAO. Where comments have not been resolved to the satisfaction of Aboriginal groups, EAO provides reasoned explanations. 18
Application is submitted and screened for completeness (Application Evaluation) EAO provides the Application to First Nations for screening review. First Nations and Working Group members have 21 days to provide their comments to EAO. EAO uses the last 7 days of the screening period to collate comments and determine if the Application is complete and meets the Application Information Requirements. EAO may schedule a screening call/meeting with First Nations at approximately day 25 of the screening to discuss comments/concerns prior to determining if the Application should be accepted 19
Application review and analysis If the Application is accepted for review, Aboriginal groups will review the Application as part of the Working Group. EAO considers Working group member comments and the proponent s responses, and then leads an iterative process of issues resolution. EAO also provides Aboriginal groups with EAO s draft Aboriginal Consultation Report, Assessment Report and Technical Analysis Package for review. EAO considers comments on the draft Assessment Report and where EAO disagrees with any comments EAO provides a reasoned response in the final Assessment Report. Aboriginal groups have the opportunity to make a separate submission regarding EAO s conclusions in the Assessment Report, to be included in EAO s referral package to Ministers. EAO s Aboriginal Consultation Report notes unresolved issues. 20
CERTIFICATE DECISION AND COMPLIANCE AND ENFORCEMENT 21
Certificate Decision At the conclusion of an Environmental Assessment, two Ministers decide whether to issue an Environmental Assessment certificate If an Environmental Assessment Certificate is issued, it will contain legally binding requirements to avoid and/or mitigate the potential adverse effects identified during the environmental assessment. British Columbia and Canada work together to ensure conditions relevant to their respective jurisdictions are complementary. 22
Additional Permits and Approvals Proponent must still acquire all relevant permits after Environmental Assessment Certificate decision EAO Advisory Working Group includes key technical experts that are integral to subsequent permitting, ensuring critical matters are dealt with consistently and comprehensively 23
Compliance and Enforcement (CE) EAO actively promotes, monitors and enforces Environmental Assessment Certificate compliance, in partnership with other government agencies Key factor for social license Priorities for CE: Compliance on key projects Support to project team and permitting authorities CE policy development and tracking Posting of CE information 24
Post EAC Compliance monitoring EAO s compliance and enforcement program verifies compliance with the EAC throughout the pre-construction, construction, operation and if applicable, decommissioning phases of the project EAO conducts inspections, and investigates public complaints to determine if enforcement action is warranted for non-compliance. 25
EAO s Aboriginal Liaison Framework Aboriginal groups have various opportunities for involvement in compliance oversight based on their communities interest, capacity and other factors. Opportunities include: information sharing protocols, input into compliance planning, field inspections, training for Aboriginal monitors and community members, among other things. EAO C&E is working with multiple Aboriginal groups through the EAO C&E Aboriginal Liaison Framework and is part of the NRS Aboriginal Liaison Program (inset). NRS Aboriginal Liaison Program: Natural Resource Sector (NRS) agencies are developing a sector-wide Aboriginal Liaison Program to provide opportunities for Aboriginal groups to participate in compliance oversight of natural resource development. The NRS AL Program is being developed in collaboration with participating Aboriginal groups, focusing initially on communities along the LNG corridors and select upstream T8 communities. The goals of the NRS AL Program are: Aboriginal groups are involved with and confident in compliance oversight of natural resource development Increased training and capacity in compliance liaison and monitoring in Aboriginal communities Increased compliance oversight of natural resource development Credentialed training and long term full time employment opportunities Agencies develop compliance liaison & monitoring projects with Aboriginal groups tailored to their interests, concerns, technical capacity, etc. 26
Questions 27