BILL 75 (2003) - Significant Project Streamlining Act

The BC government introduced Bill 75 in the Legislature on November 3, 2003. The Bill gives the BC Cabinet and individual ministers extraordinary powers to overrule provincial or local government laws, regulations or bylaws if they are perceived as being 'constraints' to development projects that the government designates as 'provincially significant.' Once designated, if a project proponent feels that provincial or local laws are getting in the way of project approval, the minister responsible for the project can make orders replacing any requirement of any approval authority that is "perceived to be a constraint" to the project. Constraints are defined broadly in the Bill. They may include laws, regulations and bylaws, but also government policies and programs. Proponents could even argue that paying their share of taxes is a constraint on a project.

Examples of projects that could be approved under the Act include:

Mines in parks contrary to the Park Act. Currently, the Parks Act prohibits the expansion of industrial activities in Parks. In most cases the legislature would need to amend the Park Act or park boundaries before allowing expansion of a mine or hydro reservoir in a Park. Indeed, the government recently backed down on expanding hydro development in Strathcona Park. Under the Significant Projects Streamlining Act, a minister could approve "provincially significant" mining or hydro developments in Parks.

Polluters in residential neighbourhoods contrary to local zoning bylaws. The city council in Port Alberni recently blocked development of a natural gas fired power generation plant that threatened air quality in a neighbouring residential area. Under the Significant Projects Streamlining Act the Province could declare the project provincially significant and override local concerns.

Environmental Assessment no constraint. The legislation is extraordinary in that allows Cabinet and ministers to overrule virtually all provincial legislation passed by the Legislature, including environmental laws. Although the Bill says that these powers are subject to the Environmental Assessment Act, this provides little comfort. The Environmental Assessment Act was deregulated in 2002 and the government can already decide to exclude a project from environmental assessment, force fast approvals and eliminate any public consultation or other processes designed to ensure adequate assessment.

Local government authority reduced. The potential for intrusion into local government authority is a significant component to this legislation. Cabinet ministers may override local government decisions if they are "perceived to be a constraint" to a project. This Bill is one of several recent incursions into local government authority by the provincial government: the Community Charter, which replaces the Local Government Act, requires provincial approval for all bylaws relating to protection of the natural environment. The provincial government also diminished local government powers in relation to farms and fish farms in Bill 48, which was passed despite a resolution by the Union of BC Municipalities asking the government not to do so.

Traditional Democratic Principals Undermined. Bill 75 also represents an erosion of democratic and constitutional principles concerning the respective roles of the legislative and executive branches of government. Normally, the legislative branch of government passes the laws, and the executive branch administers them. By delegating to Cabinet and its ministers the power to suspend provincial laws and replace them with any other requirement at whim, Bill 75 casts considerable uncertainty over what is the 'law of the land' and the role of the Legislature in debating and passing environmental laws, for anything the government considers to be a significant project in British Columbia. It significantly erodes the fundamental rule of our parliamentary system that the executive cannot exclude individuals from equal application of the law.

For more information please contact:
West Coast Environmental Law
604-684-7378
www.wcel.org