On May 29, 2025, Bill 14, the Renewable Energy Projects (Streamlined Permitting) Act, and Bill 15, the Infrastructure Projects Act (together the “Acts”), received royal assent in the British Columbia legislature. The Acts are intended to fast-track certain renewable energy and infrastructure development projects by streamlining existing regulatory approval processes and exempting certain projects from the environmental assessment process. They have faced criticism from some First Nations and First Nation organizations because of how they could impact Aboriginal rights, title, and jurisdiction and the environment. Some First Nations have also expressed concerns around the rush to pass the bills and the inadequacy of consultation, contrary to the Province’s commitments in the Declaration on the Rights of Indigenous Peoples Act (“Declaration Act”).1 Municipal governments and advocacy groups have also voiced concerns about the rushed approval process, lack of consultation, and the potential impact of the Acts on the environment, local communities, and democratic processes.
Renewable Energy Projects (Streamlined Permitting) Act
The Renewable Energy Projects (Streamlined Permitting) Act designates the British Columbia Energy Regulator (“BCER”) as the primary permitting agency for wind, solar, and certain major transmission line projects. Its stated intention is to streamline the permitting and approval process for certain renewable energy projects, and to make the BCER the single-window regulator for the full lifecycle of these projects. It also permanently exempts all land-based wind power projects and the North Coast Transmission Line project from the current provincial environmental assessment process under the Environmental Assessment Act and provides a process for future prescribed projects to also be exempted.
Infrastructure Projects Act
The Infrastructure Projects Act gives the Province’s Ministry of Infrastructure broad statutory authority to plan and carry out public infrastructure projects, and to designate major infrastructure projects as a “Category 1” or “Category 2” project, enabling an expedited permitting, approval, and environmental assessment process. Category 1 projects are those in which the Province is the proponent, including all Ministry of Infrastructure projects, and may include projects led by other provincial ministries. Category 2 projects include any major infrastructure project characterized as being “provincially significant”, and includes projects delivered by Crown agencies, local governments, First Nations, and private proponents. The Province has stated it is developing criteria for the designation of provincially significant projects and has indicated that, to be designated, the project “would need to create significant economic, social or environmental benefits for people in B.C. and significantly contribute to provincial priorities such as food security, critical mineral supply, replacement of U.S. imports and disaster recovery.”2
Conclusion
In effect, the Renewable Energy Projects (Streamlined Permitting) Act and Infrastructure Projects Act enable the expedited approval of major infrastructure and extractive projects and exempt certain projects from current environmental assessment processes. The Province has said it intends to consult with First Nations and stakeholders on related regulations and the development of an expedited environmental assessment process this summer.
First Nations, First Nation organizations, advocacy groups, and municipal governments have raised serious concerns about the lack of consultation surrounding the bills, the rushed approval process, and the potential impacts of the Acts on Aboriginal rights, title and jurisdiction and on the environment. It remains unclear how the Province intends to meet its constitutional obligations towards First Nations and ensure a high standard of environmental protection while expediting, and in some cases exempting, energy resource and critical mining projects from the environmental assessment process. It also remains unclear whether the Acts will actually result in faster project reviews.
1 Declaration on the Rights of Indigenous Peoples Act, SBC 2019 c 44.
2 British Columbia, “New legislation will deliver key infrastructure faster, strengthen economy,” May 1, 2025.