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Vol: III  –   Issue: III  –   March 2010

ENVIROFOR NEWS:

Legislature News
Once the Olympics were over, the Legislature got back to work on March 1, and the Budget was introduced the next day. According to the official News Release, Budget 2010 maintains the government’s priority of protecting core services in health and education and commits every dollar raised through the Harmonized Sales Tax (HST) and four other revenue streams to be used for health services funding when the HST comes into effect July 1, 2010. Several bills were introduced, many coming into force March 31, or April 1. We have included the April 1 amendments for your convenience.

Government Prepares for the HST
On March 30, Bill 9, the Consumption Tax Rebate and Transition Act was given first reading. The bill proposes to eliminate the Provincial Sales Tax (PST) and the Hotel Room Tax, streamlining the regulatory burden on business and supporting the transition to the HST. Fulfilling the Province's commitment under the Comprehensive Integrated Tax Coordination Agreement with the federal government to wind down PST by July 1, 2010, the new Consumption Tax Rebate and Transition Act eliminates the seven-per cent PST and introduces HST-related measures designed to mitigate the impacts of the HST on British Columbians. Mitigation measures include: A B.C. HST credit to help low- and modest-income families, A point-of-sale rebate for the seven-per cent provincial portion of the HST on motor fuels, books, children's-sized clothing and footwear, children’s car seats and booster seats, children’s diapers and feminine hygiene products and a provincially administered rebate and credit for the provincial portion of HST payable on energy purchased for residential use. The act also includes amendments to repeal the Innovative Clean Energy (ICE) Fund Levy on residential and commercial energy, the $5 battery levy, the passenger vehicle rental tax, the surtax on motor vehicles and multijurisdictional vehicle tax. In addition, it eliminates the provincial portion of the hotel room tax, but continues the two per cent additional hotel room tax levied on behalf of local governments, regional districts and destination marketing organizations to raise revenue for local tourism marketing. See the News Release.

Battling the HST
A small army of canvassers has hit the streets across the province, armed with a petition aimed at killing B.C.’s controversial 12 per cent harmonized sales tax. Under the province’s Recall and Initiative Act, the group has just 90 days to gather the signatures of 10 per cent of the registered voters in each of the province’s 85 electoral districts – about 300,000 signatures in total. See the News Article as reported by Global BC.

New Bills – How Will New Legislation Impact You?
With the new session gaining momentum, a number of bills have been introduced over the last few weeks. If you want to keep on top of the latest proposed legislative changes, and want to know whether or not newly proposed legislation will effect your specific area of interest, we encourage you to take advantage of our Bill Tracker tool. If you are not sure how to make use of this popular feature, give us a call, we'll be happy to help!

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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

B.C. Ready To Support Ocean Power
British Columbia is preparing to make a push to become a leading proponent of ocean energy resource development, B.C. Energy Minister Blair Lekstrom said at the Globe 2010 conference in Vancouver. Lekstrom said he hopes to present the Clean Energy Act to the legislature this spring and have it passed into law in early June. "It is really a collaboration, this piece of legislation, that will bring all of our opportunities in clean energy development to the forefront. It will include most definitely ocean renewables. See the Full Story as reported by the Vancouver Sun.

BC Hydro Selects 19 Projects in
First Stage of Clean Power Call

After it received proposals from 43 proponents for 68 clean energy projects, BC Hydro announced the results of its 2008 Clean Power Call. In the first stage of awards, BC Hydro selected 19 projects for electricity purchase agreements (EPA's) comprising 2,450 GWh/year being less than half of the 5,000 GWh/year acquisition target it had requested from developers in the 2008 Clean Power Call. See the Full Report by Warren Brazier of Clark Wilson.

Coal, Caribou and Consultation – Court
Directs Accommodation in Treaty 8 Region

In a recent decision, the B.C. Supreme Court examined the meaning of the treaty right to hunt for caribou in the context of a proposed coal exploration program in the Treaty 8 area of northeastern B.C. The Court ordered a stay of provincial exploration permits for 90 days and ordered the Crown, in consultation with the West Moberly First Nations (West Moberly), to proceed expeditiously to put in place a reasonable, active plan for the protection and augmentation of a local caribou herd. See the Full Report by Caroline Findlay and Janice Walton at Blakes.

Copper Mountain gets Crucial Mines Permit
The Copper Mountain mine project near Princeton is poised to become British Columbia's first major new metals mine to open in more than a decade. The $438-million open-pit copper project got final approval from the B.C. mines ministry recently and is now targeting June 2011 for full production, Copper Mountain investor relations director Don Graham said in an interview. See the Full Story as reported by the Vancouver Sun.

ENERGY AND MINES
There were no amendments this month.
FORESTRY AND ENVIRONMENT NEWS

BC Introduces Zero Net Deforestation Act to
Encourage Carbon Storage Offsets

Bill 5 was introduced to enshrine in legislation the government's goal of zero net deforestation in BC by December 31, 2015 which would help reduce greenhouse gas emissions. The Act defines deforestation, provides for reporting on net deforestation and allows for regulations establishing: the timing, form and content of reports and records, and a scientifically-based methodology for calculating deforestation and afforestation. See the Full Article by Angeline S.B. Nyce at Davis.

Forests And Range Statutes Amendment Act Introduced
Bill 7 introduces changes to the scaling provisions of the Forest Act to encourage utilization of low-grade timber and wood waste for bioenergy purposes. Previously only timber could be scaled, but under the changes, bioenergy products such as wood chips also can be scaled by either volume or weight. Other amendments clarify rules for redetermining stumpage rates, and clarify the mechanism to be used for partitioning allowable annual cuts. In addition, amendments to the Wildfire Act improve wildfire protection by extending the period for prosecution for human-caused fires and improving the process by which forest companies can recover costs when they support provincial wildfire suppression efforts. See the News Release.

China's Growing Appetite for Quality B.C. Wood
China's appetite for British Columbia lumber grew at a record pace in 2009 in volume and value, providing sawmillers here with a needed new market to counter stumbling American demand. Lumber exports to China hit 1.63 million board feet in 2009, more than twice the volume shipped in 2008. Those exports generated $327 million in revenues, a 70-per-cent increase over 2008. See the Full Story as reported by the Vancouver Sun.

Water Act Amendments
Bill 4, the Miscellaneous Statutes Amendment Act, recently brought into force amendments to the Water Act which provide for more reliable analysis of groundwater quality. These amendments provide efficiencies, improve effectiveness and enhance client service. See the News Release.

Modernizing the Water Act
The Ministry of Environment has embarked on the ambitious task of modernizing the provincial Water Act. Brought into force over 100 years ago, the Water Act is the principle law for managing the diversion and use of provincial water resources. To facilitate input, government has developed a discussion paper and organized a series of workshops across the province. The paper proposes options and solutions for discussion at these workshops whose primary objective is to share information, discuss principles for a new Water Act and explore proposals for change. Future workshops will be held in Smithers (April 13), Nelson (April 16), Ft St. John (April 20), and Vancouver (April 21). The closing date for submissions is April 30, 2010. See the Full article as reported by COFI.

Canada and British Columbia Sign Agreement to Address Climate Change
Canada's Environment Minister, Jim Prentice, and British Columbia's Minister of State for Climate Change, John Yap, recently signed an Agreement in Principle on efforts to address Climate Change. The federal government is working closely with provinces and territories to ensure that efforts to fight climate change reinforce one another to the greatest possible extent. See the News Release from Environment Canada.

FORESTRY AND ENVIRONMENT
Act or Regulation Affected Effective Date Amendment Information
Carbon Neutral Government Regulation (392/2008) Apr. 1/10 by Reg 55/2010
Carbon Tax Act RETRO to
Mar. 3/10
by 2010 Bill 2, ch. 2, ss. 63 & 65 only  (by Royal Assent) Budget Measures Implementation Act, 2010
Controlled Alien Species Regulation (94/2009) Apr. 1/10 by Reg 94/2009 as amended by 233/2009
Engineers and Geoscientists Act Mar. 31/10 by 2010 Bill 4, ch. 3, ss. 2-3 only (by Royal Assent) Miscellaneous Statutes Amendment Act, 2010
Hunting Regulation (190/84) Mar. 23/10 by Reg 77/2010
Hydro and Power Authority Act Apr. 1/10 by 2010 Bill 2, ch. 2, s. 41 only  (by Royal Assent) Budget Measures Implementation Act, 2010
Land Surveyors Act Mar. 4/10 by 2009 Bill 20, ch. 34, s. 2 only,  (by Reg 59/2010) Miscellaneous Statutes Amendment Act (No. 2), 2009
Lheidli T'enneh Designated Area (222/2006) Mar. 31/10 by Reg 90/2010
Limited Entry Hunting Regulation (134/93) Mar. 23/10 by Reg 77/2010
Maa-nulth Designated Area (71/2007) Mar. 31/10 by Reg 91/2010
Ministry of Lands, Parks and Housing Act Apr. 1/10 by 2010 Bill 2, ch. 2, s. 49 only (by Royal Assent) Budget Measures Implementation Act, 2010
Motor Vehicle Prohibition Regulation (196/99) Mar. 23/10 by Reg 77/2010
Water Act Mar. 31/10 by 2010 Bill 4, ch. 3, ss. 15-19 & 21-22 only (by Royal Assent) Miscellaneous Statutes Amendment Act, 2010
Water Regulation (204/88) Mar. 25/10 by Reg 83/2010
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