Post-certification Monitoring Under the BC Environmental Assessment Act

Year
2009
Number
B125
Sponsor(s)
Delta

WHEREAS concerns regarding the post-certification monitoring and enforcement of projects authorized under the BC Environmental Assessment Act have been identified; AND WHEREAS post certification procedures are determined on a case by case basis by the Environmental Assessment Director: THEREFORE BE IT RESOLVED that the Province be requested to initiate a review of the policies and procedures that relate to the post-certification phase of projects authorized under the BC Environmental Assessment Act in order to improve transparency and accountability including: i Clearly defining the roles and responsibilities of the BC Environmental Assessment Office and other government agencies and stakeholders, providing clearer lines of accountability and providing a greater level of municipal involvement during the construction and post-construction monitoring phase of projects. ii Creating a mandated system of independent compliance monitoring by multi-agency representatives, comprising federal, provincial, regional and local government representatives that meet at regular intervals throughout the construction and post-construction monitoring phase of the project, and which reports directly to the Environmental Assessment Office for follow-up action with the proponent. iii Creating a more open system of reporting with respect to issues of non-compliance and enforcement action. iv Creating a mandated community liaison committee to facilitate communication between the proponent, regulatory agencies and the local community.

Provincial Response

Ministry of Environment - Environmental Assessment Office The Environmental Assessment Office EAO places responsibility on proponents for ensuring that commitments and conditions are carried out appropriately as called for in the Environmental Assessment Certificate EAC issued by ministers as part of project approval. - Proponents are required to submit a report to EAO detailing compliance with commitments and conditions in the EAC; - This report is posted to EAOs website as required by legislation; - Federal, provincial and local government regulators are expected to identify any issues of potential non compliance within their own mandates; - The EAO may establish a multi agency working group after the EAC is issued to review the proponents report to ensure that work is carried out appropriately; - Community liaison committees may be used to provide input raised by community groups and local government; - The need for such committees is best left to agencies and local government to determine on a case by case basis; and, - The EAO has the flexibility to address post certification issues on a case by case basis within an overall compliance approach.

Convention Decision
Not Considered - Automatic Referral to Executive
Executive Decision
Endorsed