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Vol: III  –   Issue: IV  –   April 2010

ENVIROFOR NEWS:

Harmonized Sales Tax approved
B.C.'s Liberal government used its majority in the legislature to force its controversial Harmonized Sales Tax into law on April 29. The law repeals the PST and paves the way for the new 12% HST to come into effect July 1. Critics say the new tax will raise the price of everything from restaurant meals to movie tickets, while government officials insist that lower costs for businesses will mean savings for consumers. See the News Story as reported by the National Post. Also see the government website for more information.

New Feature highlights
legislation not currently in force

With the exception of Bills, our policy is not to post legislation on the main site unless it is in force. The rationale behind this policy is to prevent any possible confusion. There are rare circumstances, however, where it may be beneficial to provide you with access to certain laws that are either not yet in force or have been repealed. In these situations, we will now implement a new feature that will clearly differentiate these documents by highlighting all of the text red. A status note next to the title of these laws will help further differentiate these unique documents. We hope that you find this new feature useful. As an example, please feel free to view the repealed Environment Management Act.

For your convenience, this Reporter includes the May 1 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

Powering British Columbia's Future: The Clean Energy Act
On April 28, 2010, the government introduced Bill 17, the Clean Energy Act. The Act provides a foundation to assist the province in achieving its goals of electricity self-sufficiency, job creation and reduced greenhouse gas (GHG) emissions. The Act builds on the work of the Green Energy Advisory Task Force, which was appointed in November 2009 to provide recommendations for a comprehensive clean energy development strategy in BC. The proposed Act is designed to ensure electricity self-sufficiency at low rates, harness BC's clean power potential to create jobs in all regions of the province and strengthen environmental stewardship and reducing GHG emissions. See the full article as published by Blakes.

MABC and JIESC call Clean Energy Act
balanced approach

The Mining Association of British Columbia (MABC) and the Joint Industry Electricity Steering Committee (JIESC) called the proposed Clean Energy Act a balanced approach towards achieving a range of objectives, including maintaining BC's competitive electricity rates. See the full article as reported on the MABC website.

Will the BP spill affect future oil projects in B.C.?
By the most conservative estimates, millions of litres of oil have already spilled in the Gulf of Mexico following a rig explosion last month. But what does the environmental catastrophe mean for future oil projects in B.C.? Energy Minister Blair Lekstrom told reporters recently that the Gulf of Mexico disaster was not necessarily "a game changer," and that the province would still consider offshore oil exploration. See the News Story as reported on CTV.

Gulf oil spill fuels West Coast tanker fears
Environmentalists in B.C. say the oil spill off the U.S. coast should serve as a warning about risks the oil and gas industry could pose to the West Coast of Canada. There are concerns the environmental impact of the ongoing spill from the well of the wrecked Deepwater Horizon drill rig could be worse than the Exxon Valdez tanker disaster that devastated Prince William Sound in Alaska in 1989. See the News Story as reported by CBC news.

ENERGY AND MINES
Act or Regulation Affected Effective Date Amendment Information
Applicability Regulation No. 5 (281/2003) May 1/10 by Reg 112/2010
Carbon Neutral Government Regulation (392/2008) Apr. 1/10 by Reg 55/2010
Contaminated Sites Regulation (365/96) May 1/10 by Reg 112/2010
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
Sustainable Environment Fund Act Apr. 29/10 by 2010 Bill 9, ch. 5, s. 201 (by Royal Assent) Consumption Tax Rebate and Transition Act
FORESTRY AND ENVIRONMENT NEWS

New tenure focuses on First Nations
involved in forestry

The Forests and Range (First Nations Woodland Licence) Statutes Amendment Act, 2010 (Bill 13) introduced April 26th provides for a new forest tenure that is unique to First Nations. The new First Nations' woodland licence is an area-based tenure and can include private and reserve land. As well, through amendments to the Range Act, government can also award hay-cutting licences or grazing licences to First Nations with signed interim measures agreements. See the News Release.

Forestry Service Providers Protection Act

  • Will replace the Woodworker Lien Act - This Bill 21 repeals the Woodworker Lien Act, provides contractors with liens against forest products and provides contractors and subcontractors with charges on all accounts due to forest products owners and contractors respectively. See the News Release.
  • Protect loggers with an insurance fund - The province is paving the way for creation of an insurance fund designed to protect small logging contractors from the financial failures of companies they work for. Other initiatives include the ability for logging contractors to put subordinate liens on logs if they are unpaid, refuse work for nonpayment without voiding contracts and in the case of bankruptcy proceedings, succession (rights to logging contracts when a new company takes over an insolvent firm). See the News Story as reported by the Vancouver Sun.

Pollution convictions dropping, watchdog says
The enforcement of B.C.'s environmental laws is in crisis, with the conviction rate last year deemed to be the lowest in more than 20 years, says an environmental watchdog. Last week, the province released its fourth quarterly compliance and enforcement summary, revealing that the total number of tickets issued in 2009 was 2,181, of which 34 led to convictions. See the News Story as reported by Times Colonist.

COFI reiterates support for HST
Last year COFI pledged 100% support for the Harmonized Sales Tax (HST); that support remains in place today and for the future. B.C. has an export based economy. Wealth is created through the development and export of forest products, coal, minerals, natural gas and other resources. International competition is fierce and our current GST and PST (provincial sales tax) places us at a distinct competitive disadvantage. See the News Story as reported in the COFI newsletter.

Proposed legislation to expand rural
B.C. loans program

Small businesses in rural B.C. will benefit from amendments introduced in the Miscellaneous Statutes Amendment Act (No. 2), 2010 (Bill 11), that will enable the Forestry Community Business Loans Program to assist a broader range of rural small businesses. See the News Release.

FORESTRY AND ENVIRONMENT
Act or Regulation Affected Effective Date Amendment Information
Applicability Regulation No. 5 (281/2003) May 1/10 by Reg 112/2010
B.C. Parks Recreation User Fees Regulation (136/2009) May 1/10 by Reg 115/2010
Carbon Neutral Government Regulation (392/2008) Apr. 1/10 by Reg 55/2010
Contaminated Sites Regulation (365/96) May 1/10 by Reg 112/2010
Controlled Alien Species Regulation (94/2009) Apr. 1/10 by Reg 94/2009 as amended by 233/2009
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
Interest Rate Under Various Statutes Regulation (386/92) May 1/10 by Reg 112/2010
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
North American Gypsy Moth Eradication Regulation, 2010 (34/2010) Apr. 15/10 by Reg 34/2010 as amended by Reg 93/2010
Park, Conservancy and Recreation Area Regulation May 1/10 by Reg 112/2010
Permit Regulation (253/2000) Apr. 1/10 by Reg 120/2009
Protected Areas of British Columbia Act Apr. 21/10 by 2009 Bill 10, ch. 19, s. 2(c) (by Reg 100/2010) and s. 3(b) (by Reg 101/2010) Protected Areas of British Columbia Amendment Act, 2009
Recycling Regulation (449/2004) May 1/10 by Reg 112/2010
Special Accounts Appropriation and Control Act Apr. 29/10 by 2010 Bill 9, ch. 5, s. 199 (by Royal Assent) Consumption Tax Rebate and Transition Act
Sustainable Environment Fund Act Apr. 29/10 by 2010 Bill 9, ch. 5, s. 201 (by Royal Assent) Consumption Tax Rebate and Transition Act
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