Including Rail-Related Activities in the Environmental Assessment Act Scope

Year
2025
Number
EB51
Sponsor(s)
Terrace

Whereas through the Environmental Assessment Act, the Province of British Columbia aims to ensure that any potential environmental, economic, social, culturaland health effects that may occur during the lifetime of a major project are thoroughly assessed; And whereas the impacts of rail traffic and the transportation of dangerous goods can have an impact on communities outside of the immediate vicinity of major projects undergoing environmental assessment: Therefore be it resolved that UBCM lobby the provincial government to include rail servicing, transportation of dangerous goods and other materials to and from facilities by rail, and any other rail-related components of reviewable projects as related activities when determining the scope of required assessments for reviewable projects under the Environmental Assessment Act.

Provincial Response

Ministry of Environment and Parks Environmental Assessment Office Under the Environmental Assessment Act the Act, the Chief Executive Assessment Officer or the Minister can designate project-related offsite facilities and activities as part of a project that is a reviewable project under the Act. The scope of the reviewable project is focused on those facilities and activities that would be constructed for the purposes of the proposed project. In many cases, rail components of major projects are already in operation and so would typically not be included in the scope of the reviewable project. However, the scope of the effects that are assessed can include any direct, indirect andor cumulative effects related to a proposed project and can be adjusted based on participant input. This could, for example, include the assessment of effects of activities such as rail transportation within a reasonable geographic extent of the project. This flexibility allows the EAO to exercise discretion to refine the assessment scope to accommodate the unique circumstances of each project and the concerns of communities that may be impacted by a major project. In environmental assessment processes, the EAO must also consider that the proponent may not own, operate or control offsite infrastructure, such as rail facilities. The EAO cannot legally impose conditions on entities other than the proponent. The EAO can request information regarding the effects of project-related activities or facilities not directly under the proponents control in order to understand any potential effects to inform recommendations made to Ministers. It is also noted that BC railways that cross provincial or international borders fall under federal jurisdiction, while those operating solely within BC are governed by provincial legislation. In 2004, BC harmonized its railway safety regime with federal standards through the BC Railway Safety Act 2004. This alignment streamlines regulatory adoption and ensures consistent safety standards for railway operators across BC. Provincially, Technical Safety BC is responsible for administering railway compliance with applicable rules and regulations and for monitoring the performance of provincial railways. Transport Canada is responsible for regulating and enforcing safety for federal railways, this includes regulating the transportation of dangerous goods.

Convention Decision
Endorsed