No environmental assessment for Duke Point

On 21 February 2005, the GSXCCC wrote to the Environmental Assessment Office about the status of the Duke Point Project at the EAO, and to bring to the attention of the EAO some reasons why an EAO review of DPP should be undertaken, to determine if a fuller review is required.

On 08 April 2005 the GSXCCC received a response to this query from George Abbott, the Minister of Sustainable Resource Management as follows:

Thank you for your letter of February 21, 2005, identifying material reasons why Environmental Assessment Certificate E03-03 (Certificate) issued to the Vancouver Island Energy Corporation (VIEC) for the Vancouver Island Generation Project (the Project) should not be applied to the Project without an appropriate public process.

The province has not received an application from VIEC to amend the Certificate. If the Environmental Assessment Office (EAO) receives an amendment application, the Ministries of Water, Land and Air Protection and Energy and Mines will be consulted to determine whether there is any material change to the design, location, construction or operation of the Project, and whether the change has the potential for significant adverse effects. The Snuneymuxw First Nation would also be advised if such an application is received by EAO. If it is determined there will be a material change to the Project and the change will have a significant adverse effect, your organization will be given an opportunity to provide input.

It appears that the VIGP project could change from a gas-fired generation plant to a coal-fired plant or a bunch of hamsters on wheels, but if someone doesn't apply to the EAO to have it reviewed, the EAO has no interest. Does the EAO have no duty to inquire into situations where there's a reasonable likelihood of jurisdiction?