On April 30, 2025, the Government of British Columbia tabled Bill 14, the Renewable Energy Projects (Streamlined Permitting) Act (Bill). The Bill would accelerate the permitting of renewable energy projects in the province by:
The province touts the Bill as a key measure to promote renewable energy sector growth as part of the British Columbia’s new Clean Power Action Plan(Action Plan), released on May 5, 2025. The Action Plan outlines the government's strategy to double British Columbia's clean electricity supply by 2050 to meet growing demand from electrification and industrial development. The Bill will support this ambition by removing regulatory bottlenecks for renewable energy projects and infrastructure across the province.
When announcing the Bill, Energy and Climate Solutions Minister Adrian Dix said British Columbia has a "once-in-a-generation opportunity" to lead in clean energy and the government "will take every action possible" to ensure all British Columbians benefit.
The Action Plan also confirmed a new Call for Power to launch this summer, while explaining the expected growth in the sector and the need for regulatory reforms like those in the Bill.
The BCER is mandated to regulate energy resource activities in a way that protects public safety, protects the environment, supports reconciliation and supports the province's transition to a low-carbon economy. Currently, the BCER regulates oil, gas, geothermal and hydrogen energy activities in the province.
The Bill would expand the scope of the BCER's mandate to include the regulation of new energy development activities, including wind and solar energy projects, the NCTL and, potentially, other electricity transmission projects in the province. Wind, solar and electricity transmission projects are currently regulated by various government ministries and agencies. Once the necessary regulations are in place, the Bill would allow for statutory decisions related to these types of projects to be consolidated under the BCER as a "single window" regulator. The Bill establishes three different levels of regulatory streamlining, with further details to be confirmed later through regulation.
If passed, the Bill would also give the BCER authority over the construction and operation of wind and solar projects, making the BCER the primary lifecycle regulator of these facilities.
The Bill would require the BCER to establish a new rigorous regulatory framework for the lifecycle of these renewable energy projects. The BCER is working to develop this framework, which will be subject to consultation with First Nations and stakeholders and will be enacted through BCER board regulations in late 2025 or early 2026.
The BCER has indicated it will begin receiving applications for these projects beginning July 1, 2025. To avoid regulatory transition delays, proponents that were successful in the 2024 Call for Power are advised to engage with, and submit applications to, the current regulator(s), including the ministry of water, land and resource stewardship, as soon as possible.
During the transition period, while technical regulations for renewable projects are being developed, the BCER may use permit conditions on a project-by-project basis to regulate early work in an environmentally responsible manner. This case-by-case approach is intended to keep projects moving forward during the regulatory transition.
The government's announcement noted that the BCER will hire additional staff and subject-matter experts to support these additional responsibilities.
The BCER's initial focus will be on the NCTL and the nine wind power projects from the 2024 Call for Power. The Bill will exempt these projects from the EA process that would otherwise apply under the B.C. Environmental Assessment Act (EAA). It also permits the government to exempt future wind and electric transmission line projects from the EA process.
The BCER indicated it will apply its expertise and technical regulations to wind power projects to ensure comprehensive project oversight in the absence of EAs. As stated in the press release that accompanied the Bill, the BCER can work with First Nations to "co-develop measures to effectively address any concerns and provide technical support to First Nations land departments."
The Bill would not exempt solar projects from the normal EAA review process, meaning solar projects over 50 megawatts in capacity will still require an EA under existing legislation, administered by the BC Environmental Assessment Office (EAO).
While the BCER will have jurisdiction for permitting, the EAO will still conduct an EA review for large solar projects. However, the BCER has indicated that it will apply a "synchronous permitting" approach, whereby the BCER and EAO will conduct their reviews in tandem, to the extent possible.
The Bill will authorize the BCER to permit non-farm use of Crown land under an agricultural land reserve (ALR) for renewable energy projects and transmission lines. It will also empower the BCER to subdivide land in an ALR. The Bill will achieve these actions by exempting "streamlined projects" from the Agricultural Land Commission Act (British Columbia).
The government explains that this authority will allow for more timely decisions on priority projects sited on ALRs. The BCER must nonetheless consult potentially affected parties, including First Nations and local governments, before authorizing non-farm use. The government notes the BCER is accustomed to authorizing non-farm use for oil-and-gas activities pursuant to its delegated authority under the Agriculture Land Commission Act (British Columbia).
This approach is generally consistent with that taken in Alberta, where approval from the Alberta Utilities Commission, which incorporates input from local municipalities and other stakeholders, overrides local land use planning restrictions.2 In Alberta, approval for wind and solar projects may only be granted on certain high-value agricultural lands where the proponent can demonstrate the ability of the renewable project to co-exist with agricultural production. Similar restrictions have been imposed on projects in Ontario.3 It is reasonable to expect that the BCER will impose similar requirements regarding co-locating renewable energy infrastructure with agricultural activities for projects sited within ALRs.
The Bill will allow enabling legislation to be enacted via regulations, which will be implemented in three stages:
The Bill passed its first reading on April 30, 2025 and is awaiting its second reading. If passed, the Bill will take effect by regulation of the lieutenant governor in council.
This Bill follows a similar approach that led to the creation of the BCER (formerly the Oil and Gas Commission) in the first instance, i.e., establishing a "single window" regulator for oil and gas activities. Consolidating the permitting, regulation and expertise into a single energy regulator is a much-needed approach to facilitate the review and approval of these electricity projects and infrastructure. The consolidation of the regulatory authority into a dedicated, expert agency should help improve the quality and efficiency of regulation.
While this legislation is an important step forward, several important project development issues remain to be resolved.The government must lead effectively on the consultation with First Nations on the legislative changes and project approvals to reconcile interests of First Nations with the broader provincial interest in streamlining projects reviews and approvals. This role should not be borne by project developers.
The coordination between the BCER and EAO must be harmonized to achieve true integration of the review record and decision timing to minimize delays, redundancy and other inefficiencies.
Managing the transition to the new regime will require clear communication on the rules and timing so project developers can plan accordingly. While the BCER will be accepting applications under the new framework by July 1, 2025, key regulations are not expected until late 2025 or early 2026.
Long-standing issues related to Crown land management, including long-term investigative use licenses tying up high-potential sites, must be resolved. Clear and effective land use policy is a foundation for energy projects.
The BCER will need the staff, technical resources, expertise and funding to manage the expanded mandate.
While the Bill is moving in the right direction, the government must continue its efforts to improve regulatory efficiency. Improving regulatory efficiency does not mean lower standards for important societal values related to these projects, but it does help attract the investment in renewable energy projects that the province wants and needs.
Bennett Jones will continue to track developments in the renewable energy sector. To discuss how these developments may affect you, and the potential opportunities for your organization, please contact the authors of this post or a member of the firm's Energy Regulatory practice group.
1The NCTL will twin the existing 500 kilovolt transmission line from Prince George to Terrace to meet growing demand for power in the north coast region from critical mineral and metal mining, port electrification, hydrogen and fuel processing and shipping projects, as reflected in BC Hydro's capital plan.
2Municipal Government Act, RSA 2000, c M-26, s 619.
3Ontario's Provincial Planning Statement, 2024, Ministry of Municipal Affairs and Housing (Ontario), s 4.3.5, significantly restricts non-agricultural development in prime agricultural areas unless no reasonable alternatives exist and agricultural impacts are minimized, and s 4.3.2 limits on-farm diversified uses to those that are compatible with, and do not hinder, surrounding agricultural operations. In practice, co-locating renewable development with agricultural activities is considered best practice and a requirement to secure necessary municipal approval for projects on prime agricultural lands.