Wind turbines harnessing clean energy against a scenic backdrop of mountains and sea. (flickr.com)

Media Contacts

Ministry of Energy and Climate Solutions

Media Relations
Peter.Lonergan@gov.bc.ca

Backgrounders

New proposed regulations

Expanded BC Energy Regulator (BCER) Responsibilities:

  • To ensure rapid authorization and robust regulation of renewable-energy projects, including wind, solar and transmission lines, the proposed legislation will allow for statutory decisions related to these projects to be transferred from ministries and other agencies to the BCER.
  • Additionally, the BCER will be given new authority over the construction and operation of wind and solar projects to ensure safety and environmental standards are upheld.

Streamlining the Environmental Assessment Requirements:

  • To expedite priority renewable-energy projects, the proposed legislation will allow for the streamlining of the Environmental Assessment Act in relation to the North Coast Transmission Line (NCTL) project, the nine wind projects from BC Hydro’s 2024 call for power, and future wind projects.
  • The BCER has existing expertise and technical regulations that may be applied to wind-power projects to support comprehensive project oversight in the absence of an environmental assessment. For example, the BCER board regulations include these features:
    • pre-engagement requirements and the incorporation of Indigenous knowledge into project planning;
    • requirements for design and construction;
    • assessment of socio-cultural and environmental effects;
    • suspension of operation or decommissioning of a processing facility; and
    • records management and submission of required reports to the BCER.
  • In addition, the BCER can work with First Nations to co-develop measures to effectively address any concerns and provide technical support to First Nations land departments.
  • While the BCER’s technical regulations for these new renewable projects are being developed and consulted on, the BCER may use permit conditions on a project-by-project basis to ensure that early work on these projects is conducted in an environmentally responsible manner. 

Agricultural Reserve Land:

  • To allow for more timely decisions on priority projects on agricultural reserve land, the proposed legislation will allow the BCER to approve non-farm use of land for renewable-energy projects and transmission lines.
  • BCER would still be required to consult potentially affected parties, including First Nations and local governments, before authorizing non-farm use and would have to consider relevant information, such as the impact to the farmland or if the non-farm use is compatible with agricultural land in the long-term.
  • The BCER is accustomed to authorizing non-farm use for oil-and-gas activities while consulting on and administering these activities, including oversight of pre-activity assessments and post-activity reclamation.

Regulations:

This legislation is intended to be enabling legislation and will be brought into force through regulations. If it receives royal assent, these regulations are proposed to be implemented in stages, as follows:

  • Phase One: A regulation establishing the BCER as the primary authorization agency for the NCTL project. BCER will have authority to issue provincial natural-resource authorizations for wind projects.
  • Phase Two: A regulation establishing the BCER as the primary regulator and permitting authority for renewable-energy projects. Wind and solar projects will require an activity permit from the BCER.
  • Phase Three: BCER board regulations establishing a robust regulatory framework for the lifecycle oversight of wind and solar projects that will ensure safety and protection of the environment.