246_2019 — Environmental Assessment Fees Regulation

s. 1 — Definition

In this regulation, Act means the Environmental Assessment Act.

s. 2 — Fees

s. 2(1)

Subject to subsections (2) and (4) to (6), the fees set out in Column 2 of the following table, in relation to the services provided or duty performed set out in Column 1, are prescribed to be paid by the applicable proponent.

s. 2(2)

The fee set out in item 2 of the table is not required to be paid if the chief executive assessment officer recommends the project for exemption under section 16 (2) (b) of the Act.

s. 2(3)

The chief executive assessment officer may issue an order respecting the time by which a fee under subsection (1) must be paid.

s. 2(4)

The fee set out in item 1 of the table is not required to be paid by a proponent of a project that is subject to section 2 (1) of the Environmental Assessment Transition Regulation, B.C. Reg. 249/2019, until after April 1, 2020.

s. 2(5)

The fee required to be paid set out in item 7 of the table is the amount determined by the chief executive assessment officer, which must be within the range set out in Column 2 for that item.

s. 2(6)

The chief executive assessment officer may waive the requirement that a proponent pay a fee set out in the table after considering the following:

s. 2(6)(a)

the size, scope and location of the project;

s. 2(6)(b)

the current condition of the land base on which the project is located;

s. 2(6)(c)

the potential for significant adverse environmental, economic, social, cultural or health effects of the project;

s. 2(6)(d)

in relation to the fee set out in item 11, whether the inspection is required as a result of the actions of a person other than the proponent or holder of an environmental assessment certificate or exemption order.

s. 3 — Failure to pay

If a person fails to comply with an order under section 2 (3), the chief executive assessment officer may do one or more of the following:

s. 3(a)

extend the time for compliance, if satisfied that it is reasonable to do so having regard to the extent of and the reason for the delay;

s. 3(b)

if the order was made in respect of an application, deem the application to have been withdrawn and refuse to consider the application further;

s. 3(c)

if the order was not made in respect of an application, refuse to consider a subsequent application made under the Act or to otherwise deal further with the person in respect of a reviewable project until the outstanding fee and all interest owing on it is paid;

s. 3(d)

take any action permitted under the Act in respect of the failure to comply with an order.