IPP Permitting by gjjur4356


									Clean Energy Projects 101
Permitting Overview

               November 7, 2010
                Generate 2010
        Susan Wilkins, VP Operations
   Pottinger Gaherty Environmental Consultants
• Ministry of Natural Resource Operations
  (formerly ILMB) guidebook process
• Provincial Environmental Assessment
  Office (EAO) process
• Federal CEAA and MPMO process
MNRO Guidebook Process
• If BC Environmental Assessment Act
  doesn’t apply (<50MW)
• Clean Energy Projects Office
• Development Plan is submitted for
  provincial and federal approvals (by referral
  to agencies)
• Different agencies permit independently
  and may follow different timelines
Common Provincial Permits
• Land Tenure (MNRO)
• Water Licence (MOE)
• Occupant Licence to Cut (MOF) to clear on
  Crown Land
• ROWs and Licences of Occupation
• Many others depending on interaction with
  mining claims (MEM), highways (MOT), etc.
Common Federal Permits
• Fisheries Act Habitat Authorization from
• Navigable Waters Protection Act (NWPA)
  Approval from Transport Canada
• Canadian Environmental Assessment
  Act (CEAA) review
• See p. 50 of Guidebook
Provincial EA Process
  As per BCEAA…
  • A Provincial EA review is required if:
      project will generate >50MW
      transmission lines >500 kV and >40 km on a new
  • Provincial Environmental Assessment Office
  • Concurrent permitting regulation for other
    Provincial permits
  Differences - BC and federal EA
BC EA                                      Federal EA
All EAs typically follow the same          Three types of EAs – screening level,
process                                    comprehensive study and review panel

Single, specialized agency (EAO)           Screening - responsibility allocated
conducts all EAs                           among numerous agencies (CEA Agency
                                           Comprehensive Study – CEA Agency
                                           conducts EA
EAO can recommend a project be             Projects with significant adverse effects
certified if significant adverse effects   must be referred to a mediator or review
exist but are considered justified         panel
Review panels rarely used                  Review panels used in some cases
Legislated timelines                       No legislated timelines
Federal CEAA
 CEAA triggered if federal authority:
 • is the proponent of the project
 • provides financial assistance to project
   (e.g., ecoENERGY)
 • grants an interest in land
 • exercises a regulatory duty (e.g., Fisheries Act
   authorization or NWPA approval)
Does CEAA Apply?
                          Do you have a project?


                               On the Exclusion List
                            or otherwise excluded?

                     Do you have a Federal Authority

               yes                                     no
 Act applies           Do you have a s.5 trigger?

                                                             Act does
                                                             not apply
    (Ref: L. Bruce, 2009)
Federal CEAA
• CEAA Screening is most common level of
  – Comprehensive Study for >200MW or transmission
    line > 345 kV and > 75 km on a new RoW, or
  – Review Panel for most complex
• Coordinated by CEA Agency with decision
  making authority held by Responsible
  Authority (RA)
• no legislated timelines
Federal MPMO
• Major Project Management Office (MPMO)
  (est. 2007) coordinates EAs for major
  resource projects
• Purpose is to improve federal review process
  for large resource projects
• Applies if:
   Comprehensive Study/Review Panel under CEAA,
   the project is a “large or complex multi-
    jurisdictional screening”
First Nations
• First Nations play important role in
  project permitting in all levels of
  government and may conduct their own
  process to review a project
Public & Stakeholders
• Proponents and regulators conduct
  consultation to understand issues and
  resolve conflicts
• Best practices in public consultation:
   Authenticity       Transparency
   Accountability     Commitment
   Inclusiveness      Integrity
Summary – Permitting Overview
• Provincial MNRO guidebook process for
• Provincial EAO process for >50MW
• Federal CEAA triggered by federal agency
• Federal MPMO process for >200MW (or
• First Nations are an integral part of project
  development in BC
• Public stakeholder involvement is critical

          Susan Wilkins

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