Section 22 of the Utilities Commission Act allows the BC government minister responsible for the administration of the Hydro and Power Authority Act to exempt a public utility from any or all of Part 3 and section 71 of the Utilities Commission Act. That minister is currently the Minister of Energy, Mines and Low Carbon Innovation.
A ministerial exemption is distinct from a BCUC exemption, which is granted under section 88(3) of the Utilities Commission Act with the minister’s prior approval, and may apply to any or all sections of the Act.
Before granting an exemption, the minister may, but is not obligated to refer the request to the BCUC for a review.
There is no published criteria or process for how the minster evaluates a request for exemption from the UCA.
In 2001, the minister granted an exemption from Part 3 and section 71 of the Act to Powell River Energy Inc. to sell surplus power from a pulp and paper mill to public utilities and wholesale customers.
In 2016, the minister granted an exemption from Part 3 of the Act for the Long Lake transmission system to own and operate a transmission system to deliver electricity from BC Hydro to the Brucejack Mine project, later updated to add the Premier Gold mine project.
In 2024, the minister granted an exemption allowing BC Hydro to upgrade or add six substations without a Certificate of Public Convenience and Necessity from the BCUC.