Supreme Court of Canada Clarifies
Scope of Regulatory Discretion on
Environmental Assessments
In a unanimous decision released on January 21, 2010, the Supreme Court of Canada clarified the discretion of a federal responsible authority (RA) to make decisions with respect to the scoping of projects for purposes of the federal environmental assessment (EA) process. In MiningWatch Canada v. Canada (Fisheries and Oceans), the court overturned a Federal Court of Appeal decision that granted RAs discretion to scope a project to determine the type of EA process or "track" that will apply. The track determines the level of the intensity of the EA review. See the Full Article by Caroline Findlay and Angela Stolz at Blakes.

New Legislation Promised at Recent
Truck Loggers Convention
At the recent Truck Loggers Convention, Premier Campbell promised delegates that he intended to table legislation to protect logging contractors when companies they work for have financial troubles. Forest and Range Minister Pat Bell also said legislation will be tabled this spring to strengthen the claim contractors have to be paid for logs they have delivered. See the News Story as reported by bclocalnews.com.

President of COFI Supports Move
to "Stand as a Whole" Stumpage System
Minister of Forest and Range Pat Bell's recent announcement that interior timber pricing will soon move to a "stand as a whole" stumpage system is welcome news. Not only is this much needed provincial policy but is particularly helpful for the developing bioenergy sector. See the President's Memo in the COFI newsletter.

B.C. Fish Farming Expansion Frozen
Fish farming on the West Coast won't be allowed to expand until at least December 2010, following a B.C. Supreme Court decision to give the federal government more time to take over the job of regulating the industry from the province. The decision by Justice Christopher Hinkson allows the transfer of power from B.C. to Ottawa to be postponed from February until mid-December. During that period, B.C. won't be allowed to grant any more licences or allow existing fish farms to expand. See the News Story as reported by the CBC.