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Vol: II  –   Issue: XII  –   December 2009

ENVIROFOR NEWS:

MoFR Coverage Continues
We are pleased to announce that the Ministry will continue to make EnviroFor accessible to all staff for another year. Quickscribe is proud of our relationship with the Ministry and is committed to ensuring staff continue to have at their disposal the most effective tools to research and navigate through the most current legislation in BC. We would like to take this opportunity to thank all of those who continue to support this ongoing initiative.

Happy New Year!
Quickscribe staff wish you and your families a happy and prosperous 2010.

Recent Amendments Posted
For your convenience, we have also included some Jan. 1/10 amendments.

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FEDERAL LEGISLATION — For notification of federal amendments, we recommend you use our RSS feed.

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ENERGY AND MINES NEWS

2009 Year-End Natural Gas and
Oil Rights Sales Hit $893M

B.C.'s natural gas and oil rights sales for December generated $172.3 million in bonus natural gas bids, bringing the 2009 calendar year total to just under $893 million, making it the third-best calendar year total in history, it was recently announced. See the News Release.

ENERGY AND MINES
Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
FORESTRY AND ENVIRONMENT NEWS

New Greenhouse Gas Reporting Regulation
Has Come into Force

The Reporting Regulation (see B.C. Reg. 272/2009 below) is a new regulation under the Greenhouse Gas Reduction (Cap and Trade) Act that has come into force and will require facilities to start quantifying emissions on January 1, 2010. The regulation will require facilities in British Columbia that emit over 10,000 tonnes of greenhouse gases annually to report their emissions. It is expected that approximately 200 facilities will be required to report annually under this regulation. The regulation has been designed to allow for a single reporting window with Environment Canada and for reporting simplicity for industry stakeholders. The regulation sets out requirements for facilities with greenhouse gas emissions from most activities within B.C. to report greenhouse gas emissions to the British Columbia Ministry of Environment. See the COFI newsletter.

B.C. Introduces New Recycling Regulations
Antifreeze and lead-acid batteries will be required to be part of producer-led recycling programs as a result of changes to B.C.'s recycling rules, it was recently announced. The addition of lead-acid batteries and antifreeze to the recycling regulation will require producers to develop, and submit for approval, recycling programs for these products by July 2011. This is the same year manufacturers will be required to add a bittering agent to ethylene glycol antifreeze under the antifreeze regulation, which was approved earlier this year to protect pets and children from the risk of poisoning. Antifreeze containers will also be included in recycling regulations. By July 2011, people will be able to recycle antifreeze and its container as easily as oil, pesticides and paint. See the News Release.

Reinstate B.C. Green Rebates: Advisory Group
There's a call for the B.C. government to reinstate a program that encourages energy conservation by offering homeowners up to $2,000 to retrofit their homes. The Citizens' Conservation Councils on Climate Action, an advisory group created by the B.C. government, is pushing to have the rebates brought back. The LiveSmart BC program was such a hit with the public that it ran out of money in August, two years before the end of the program's anticipated three-year lifespan. See the News Story as reported by the CBC.

Pacific Carbon Trust Sees Offset
Opportunities in Forest Products

Pacific Carbon Trust (PCT) is a Crown corporation set up to deliver quality BC-based greenhouse gas offsets to help clients meet their carbon reduction goals and support growth of BC’s low-carbon economy. By 2011, PCT expects to deliver as much as 1 million tonnes in carbon offsets to its corporate and public sector clients. See the COFI newsletter.

TimberWest wins Vancouver Island tax fight
in B.C. Supreme Court
Ruling is first victory by a forest company
in revolt against municipal rates

The B.C. Supreme Court has ruled that a tax hike levied against TimberWest Forest last year by the municipality of Campbell River is illegal, ordering the Vancouver Island city to reconsider the levy. The TimberWest ruling marks the first victory by a forest company in the growing tax revolt against municipal tax rates that the industry claims is driving it out of business. Justice Laura Gerow ruled that Campbell River city council had used its tax bylaw as a weapon to force TimberWest to rezone some if its forest lands within the municipality to residential use. TimberWest is not the only forest company to have challenged what it considers to be unfair tax rates. Catalyst Paper, with operations in four coastal forest communities, has also gone to court in its bid to have tax rates lowered on industrial operations, but lost and has appealed to the province to step into the fight. See the News Story as reported by the Vancouver Sun.

Municipal Taxation Bylaws Upheld in BC Supreme Court;
Catalyst Paper Will Appeal

The right of three more municipalities to tax a major industry to the hilt has been confirmed by B.C. Supreme Court. Rulings by Justice Peter Voith were released recently, dismissing almost all the points in three separate petitions where Catalyst Paper Corp. sought relief from high municipal taxes in Campbell River, Port Alberni and Powell River. Voith made a similar ruling concerning North Cowichan in October. See the News Story as reported by the Vancouver Sun.

Cosmetic Use of Pesticides in B.C.
Public Consultation Paper

In the August 25th 2009 Speech from the Throne, the B.C. government committed to consult British Columbians on "new statutory protections to further safeguard the environment from cosmetic chemical pesticides." The Ministry of Environment has prepared background information and identified consultation issues for discussion to build understanding about the subject and provide a structure for comments and feedback. See a PDF of the Consultation Paper.

FORESTRY AND ENVIRONMENT
Act or Regulation Affected Effective Date Amendment Information
Carbon Tax Act Jan. 1/10 by 2009 Bill 2, chap. 14, ss. 20, 23, 32 and 34 (by Royal Assent) Budget Measures Implementation Act (No. 2), 2009 and ss. 21, 24, 26 to 29 only, (by Reg 292/2009) Budget Measures Implementation Act (No. 2), 2009
Carbon Tax Regulation (125/2008) Dec. 11/09 by Reg 293/2009 (retroactive to Sept. 2/09)
Jan. 1/10 by Reg 294/2009
Cut Control Regulation (578/2004) Jan. 1/10 by Reg 300/2009
Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act NEW
Jan. 1/10
see 2008 Bill 16, chap. 16, ss. 1-5, 9, 11(1),(2),(5)&(6), 12-14, 15(1)&(3)-(6), 16-25 and 27 to 29 now in force (Reg 394/2008); ss. 6, 7, 15(2) and 26 (Reg 320/2009) Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act
Motor Vehicle Prohibition Regulation (196/99) Dec. 11/09 by Reg 313/2009
Mushroom Industry Development Council Dissolution Regulation (298/2009) NEW
Dec. 11/09
see Reg 298/2009
Recycling Regulation (449/2004) Dec. 11/09 by Reg 296/2009
Renewable and Low Carbon Fuel Requirements Regulation (394/2008) NEW
Jan. 1/10
originally named "Renewable Fuel Requirements Regulation" see Reg 394/2008 as amended by Reg 320/2009
Reporting Regulation (272/2009) Dec. 11/09 by Reg 302/2009
Woodlot Licence Regulation (68/2006) Jan. 1/10 s. 7(3) repeals s. 7 of this reg
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