Prescribed Time Limits Regulation (B.C. Reg. 372/2002)

B.C. Reg. 372/2002 O.C. 1159/2002 Deposited December 19, 2002 effective December 30, 2002 Environmental Assessment Act PRESCRIBED TIME LIMITS REGULATION Contents 1 Interpretation 2 Accepting application for environmental assessment certificate 3 Reviewing application for environmental assessment certificate 4 Decision on application for environmental assessment certificate 5 Time limit to provide information required for application for environmental assessment certificate 6 If executive director suspends time limit 7 Submitting project information requested under section 24 of Environment Assessment Act, R.S.B.C. 1996, c. 119 Interpretation 1 In this regulation, "Act" means the Environmental Assessment Act. Accepting application for environmental assessment certificate 2 For the purposes of section 24 (1) (a) [time limits -- evaluation and decision on accepting application for review] of the Act, the executive director must evaluate and decide within 30 days after the date on which the executive director receives an application under section 16 (1) [application for environmental assessment certificate] of the Act for an environmental assessment certificate whether to accept the application for review. Reviewing application for environmental assessment certificate 3 For the purposes of section 24 (1) (b) [time limits -- review of section 16 application] of the Act, the time limit, (a) if the executive director does not require copies of the application under section 16 (4) (b) [application for environmental assessment certificate -- copies of application] of the Act, is 180 days after the date on which the executive director notifies the proponent under section 16 (4) (a) [application for environmental assessment certificate -- notification of acceptance for review] of the Act, and (b) if the executive director requires copies of the application under section 16 (4) (b) of the Act, is 180 days after the date on which the executive director receives those copies. Decision on application for environmental assessment certificate 4 For the purposes of section 24 (1) (c) [time limits -- decision under section 17] of the Act, the time limit is 45 days after the date on which a referral is made under section 17 (1) [referral for decision on application for environmental assessment certificate] of the Act. Time limit to provide information required for application for environmental assessment certificate 5 For the purposes of section 24 (3) [time limits -- period to provide required information] of the Act, the period is 3 years from the date on which, as applicable, (a) the executive director specifies the information required from the proponent for an application or at another time during the assessment (i) under section 11 [executive director determines assessment process] of the Act, or (ii) under section 13 [executive director may vary assessment process] of the Act, or (b) the minister specifies the information required from the proponent for an application or at another time during the assessment (i) under section 14 [minister determines assessment process] of the Act, or (ii) under section 15 [minister may vary assessment process] of the Act. If executive director suspends time limit 6 (1) If, in relation to an assessment, the executive director suspends, under section 24 (2) [time limits if executive director suspends time limit] of the Act, the time limit set out in section 3 [reviewing an application for a certificate] of this regulation, the maximum period for which the assessment may be suspended is 3 years, unless the executive director orders a different suspension period under section 11 [executive director determines assessment process] or 13 [executive director may vary assessment process] of the Act. (2) If the executive director has suspended a time limit referred to in subsection (1) on more than one occasion, for the purposes of calculating whether the maximum period in subsection (1) has been reached, the time elapsed under each suspension must be added together. Submitting project information requested under section 24 of Environment Assessment Act, R.S.B.C. 1996, c. 119 7 A proponent that has received the final form of the project report specifications under section 24 [preparation and submission of project report] of the Environmental Assessment Act, R.S.B.C. 1996, c. 119, in respect of a reviewable project, must submit the information that complies with those specifications within 5 years of the date the final form of the project report specifications was delivered to the proponent unless the executive director has ordered a different period under section 51 (5) (b) [transitional provisions] of the Act. Note: this regulation replaces B.C. Reg. 278/95 [Provisions of the Environmental Assessment Act, S.B.C. 2002, c. 43, relevant to the enactment of this regulation: sections 24 (1) and (3) and 50 (2) (a)] Copyright (c) Queen's Printer, Victoria, British Columbia, Canada