Bill 15, known as the Infrastructure Projects Act, received Royal Assent on May 29, 2025.It represents a significant shift in how the province approaches the delivery of critical infrastructure, including schools and hospitals. This legislation empowers the Ministry of Infrastructure to streamline permitting, approvals, and project management for designated projects, categorizing them into Category 1 which are core public projects like schools and hospitals or Category 2, which are projects deemed to be “provincially significant projects”.
The Purpose of the Infrastructure Projects Act (Bill 15)
The Act’s primary goal is to address chronic delays in infrastructure development in response to the growing concern over slow permitting processes, regulatory environments, and supply chains. These limiting factors on development, paired with the rising costs of construction have resulted in significant barriers to development in B.C. The new broad ministerial powers have been introduced in an attempt to address these problems.
Key Developments in the Act
- Ministerial Authority: The Minister of Infrastructure gains extensive powers to plan, manage, and coordinate infrastructure projects. This includes acquiring site land, serving as project manager or contractor, and facilitating deployments for Category 1 projects (typically public infrastructure, including schools and hospitals).
- Project Designation: The Cabinet (the Lieutenant Governor in Council), upon the minister’s recommendation, can designate an infrastructure project or project class as:
- Category 1 (Provincial Capital) projects would include core infrastructure projects such as schools, post-secondary housing, hospitals, and health-care facilities — in other words, core public infrastructure that government entities (such as school districts or health authorities) would normally build and operate.
- Category 2 (Provincially Significant) projects deemed “provincially significant” projects would include specific projects that provide “significant economic, social or environmental benefits” and align with provincial priorities. The Province has provided guidance on the types of projects that are eligible for this designation as well as the other criteria a project must have to be considered. For example, the project must have support from significantly and directly impacted First Nations decision-makers so that the project can be designated as Provincially Significant and have access to the tools in the Act.
- If a project is designated as a Category 1 or 2 project it becomes a “designated project” under the Act, which allows it to benefit from streamlining mechanisms (as outlined below) and ministerial powers to expedite the project.
- Streamlining Mechanisms:
- Prioritized Permitting: Regulators, including municipalities, may be required to expedite review and approvals, potentially with fixed timelines. The Act allows for Qualified Professional Certifications that can replace formal permits where allowed.
- Environmental Assessment Powers: For designated projects that are already “reviewable” under the Environmental Assessment Act, the minister can order approvals with specified terms and prohibit appeals.
- Varying Local Requirements: Cabinet can exempt or modify municipal zoning, subdivision, and other local regulatory requirements, subject to constraints and consultation, though exemptions for Indigenous engagement (under DRIPA) are explicitly disallowed.
- Integration with Other Legislation: The Act allows the province to make orders affecting projects under the School Act, Hospital Act, Health Authorities Act, and College and Institute Act, streamlining land grants, transfers, and capital planning processes.
Conclusion
Bill 15 holds promise for transforming BC’s infrastructure landscape by compressing timelines and curbing costs for schools and hospitals, benefiting school districts, health authorities, and contractors through the efficiencies of the Act. Taking advantage of the Act’s streamlining features while learning how to navigate the ministerial oversight will be crucial for stakeholders who want to take advantage of its efficiencies. Also, projects that potentially may qualify as “provincially significant” under Category 2, will want to navigate the process successfully to obtain the beneficial designation. Projects that receive either category 1 or 2 designations result in benefits to expedite construction processes and thus reduce costs.
School districts, health authorities, indigenous stakeholders, and municipalities will likely see the most immediate impact of Bill 15. However, any contractors, architects, or engineers providing services to “provincially significant” projects will also need to adapt to the operation of this new legislation. It will be crucial to consider the forthcoming regulations to better understand how the Ministry of Infrastructure will assess projects and apply these broad powers. We will continue to monitor for further developments.
If you have any questions regarding this article, please contact Rod McLennan or any member of our construction and infrastructure team.
