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Vol: III  –   Issue: VII  –   July 2010

ENVIROFOR NEWS:

July Flurry of Amendments
As reported in the June edition, a number of Acts and regulations had amendments which came into force on or around July 1st. Many of those amendments related to the new HST and Supreme Court Civil/Family Rules. For clarity, we have opted to add an asterisk to the names of Acts which were amended primarily as a result of the implementation of the Supreme Court Civil Rules and/or the Supreme Court Family Rules. Once the first of the month's rush was over, it was quiet but picked up again at the end of the month.

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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

Copper Mountain signs impact benefit agreement
with Upper Similkameen Indian Band

Copper Mountain Mining Corporation (the "Company") announces that the the Upper Similkameen Indian Band and the Company have concluded a mutually beneficial Impact Benefits Agreement for the development of the Copper Mountain Project located 20 km south of the town of Princeton in southern British Columbia. See the Full Article as published by MABC.

Contaminated Sites Update: Requisite forms for notification
of independent remediation & offsite migration

The BC Ministry of Environment recently issued Protocol 17, which will come into force on September 1, 2010. Protocol 17 standardizes the content and format of the forms to be used when reporting: 1. independent remediation; and 2. actual or likely offsite migration. The protocol states that anyone who undertakes independent remediation of contaminated land must notify the Director of Waste Management at the Ministry of Environment in writing prior to initiating remediation and within 90 days of completing it. See the Full Article written by Lindsay Johnston and Richard Bereti of Harper Grey LLP’s Environmental Law Practice Group.

Updated procedures for meeting legal obligations
when consulting First Nations released

The Ministry of Aboriginal Relations & Reconciliation (MARR) has released updated provincial procedures for consultation. MARR released the update to First Nations on July 22; all provincial staff responsible for Aboriginal consultation have received training. See the Full Article as published by the Association for Mineral Exploration British Columbia.

$53 million for July natural gas and petroleum sale
The July 2010 natural gas and petroleum sale resulted in over $53 million in bonus bids, bringing the calendar year-to-date total to over $662 million and exceeding expectations for this month’s sale. The July 21 sale offered 37 parcels in northeast B.C., covering 38,608 hectares, and sold 31 parcels covering 36,413 hectares. The average price per hectare for this sale is approximately $1,462. See the News Release.

B.C. will hit industrial emitters from two directions –
But a government official says cap-and-trade program,
carbon tax will be mutually exclusive

British Columbia industries will face two sets of environmental regulations for their greenhouse gas emissions. At a recent conference call by the Environment Ministry's Climate Action Secretariat, a government official said B.C.'s major industries will still pay carbon taxes after the 2012 introduction of a cap-and-trade program regulating their smokestack emissions. Cap-and-trade regulations will apply to emissions from stationary assets such as smelters and gas processing plants, while the carbon tax would apply to transportation fuel such as diesel for large mining trucks. See the Full Story as reported by the Vancouver Sun.

ENERGY AND MINES
Act or Regulation Affected Effective Date Amendment Information
Clean Energy Act July 5/10 c. 22, [SBC 2010] 2010 Bill 17, ss. 21-33  only in force by Royal Assent
Exempt Projects, Programs, Contracts and Expenditures Regulation (235/2010) NEW
July 27/10
see Reg 235/2010
Mineral Tax Act* July 1/10 by 2010 Bill 11, c. 6, ss. 73, 91(Sch1) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Mining Rights Compensation Regulation (19/99) July 1/10 by Reg 161/2010
Special Direction No. 10 to the British Columbia Utilities Commission (245/2007) July 30/10 by Reg 251/2010
Utilities Commission Act July 5/10 by 2010 Bill 17, c. 22, ss. 59, 73 only (in force by Royal Assent) Clean Energy Act
FORESTRY AND ENVIRONMENT NEWS

BC forest sector jobs increase in 2010
Jobs in B.C.’s forest sector seemed to hit bottom last year, but the numbers have been climbing, slowly. Here are some forestry job stats from British Columbia: 2005 - 79,700; 2006 - 81,617; 2007 - 84,275; 2008 - 64,917; 2009 - 51,958; 2010 (Jan to May) – 55,200. See the Full Story as reported by the Globe & Mail.

Government of Canada launches investments
in forest industry transformation program

The Government of Canada recently launched a $100-million program to help expand opportunities for Canada's forestry sector through the development of innovative projects and technologies. The purpose of the IFIT program is to demonstrate and deploy new and advanced technologies in the forest sector through investments in innovative processes. See the Full Story as reported by marketwire.

Group fears new sewer laws may poison water
New provincial rules no longer require people to hire a licensed professional to install their septic tank, and that will inevitably end up poisoning groundwater supplies. So say B.C.'s septic-tank installers, who call the move a bunch of crap. "People are going to cut corners to save money when they install their septic tanks themselves," says licensed installer Greg Philip. "Homeowners are going to install systems incorrectly and poison the groundwater." See the Full Story as reported by the Vancouver Sun.

What will be the consequences of a gutted Forest Service in BC?
A recent article published in Focus Online by Briony Penn explores how the impact of recent cuts and government ideologies could lead to more privitization. The combination of a gutted Forest Service, vast areas of not sufficiently restocked forestlands, a quirky loophole in the Kyoto Protocol and a provincial government ideologically driven to sell off public assets has created the perfect opportunity for forest industrialists to burn down the last barriers to privatization of BC’s Crown forests. See the Full Article.

The Strategy for China
The province’s foresters are gambling that new demand generated by China’s rapidly expanding economy can wrench towns like Mackenzie out of the worst slump in their history. See the Full Story as reported by the Globe & Mail.

Contaminated Sites Update: Requisite forms for notification
of independent remediation & offsite migration

The BC Ministry of Environment recently issued Protocol 17, which will come into force on September 1, 2010. Protocol 17 standardizes the content and format of the forms to be used when reporting: 1. independent remediation; and 2. actual or likely offsite migration. The protocol states that anyone who undertakes independent remediation of contaminated land must notify the Director of Waste Management at the Ministry of Environment in writing prior to initiating remediation and within 90 days of completing it. See the Full Article written by Lindsay Johnston and Richard Bereti of Harper Grey LLP’s Environmental Law Practice Group.

Webinar offered for Ministry of Forest & Range Staff:
Ministry of Forest & Range staff are encouraged to take advantage of an upcoming webinar training session on EnviroFor this September. This short, 25-minute session will provide valuable tips and tricks on using this legislation resource. To learn more or to sign up for one of the two available sessions please go to http://www.quickscribe.bc.ca/webinar.

FORESTRY AND ENVIRONMENT
Act or Regulation Affected Effective Date Amendment Information
Agrologists Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Carbon Tax Act July 1/10 by 2010 Bill 9, c. 5, s. 172 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act, by 2010 Bill 2, c. 2, ss. 61 & 62 only (in force by Royal Assent) Budget Measures Implementation Act, 2010 and by 2010 Bill 11, c. 6, ss. 91(Sch1), 92(Sch2), 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Carbon Tax Regulation (125/2008) July 1/10 by Reg 106/2010
Closed Areas Regulation (76/84) July 30/10 by Reg 251/2010
College of Applied Biology Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Controlled Recreation Area (Resort Timber Administration Act) Regulation (166/2007) July 30/10 by Reg 248/2010
Emission Offsets Regulation (393/2008) July 1/10 section 11 amends other sections of this Reg, see Reg 393/2008
Engineers and Geoscientists Act* July 1/10 by 2010 Bill 11, c. 6, s. 45 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Forest Act July 1/10 by 2010 Bill 11, c. 6, ss. 91(Sch1), 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Foresters Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Hunting Regulation (190/84) July 30/10 by Reg 251/2010
Hydro and Power Authority Act July 1/10 by 2010 Bill 17, c. 22, s. 55(d) only (in force by Royal Assent) Clean Energy Act
Interest Rates Under Various Statutes Regulation (386/92) July 1/10 by Reg 216/2010
Logging Tax Act July 1/10 by 2010 Bill 11, c. 6, ss. 91(Sch1), 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Resort Timber Administration Act (Specified Enactment) Regulation (151/2007) July 30/10 by Reg 249/2010
Special Accounts Appropriation and Control Act Aug. 1/10 by 2010 Bill 9, c. 5, s. 200 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act
Timber Harvesting Contract & Subcontract Regulation (22/96) July 1/10 by Reg 153/2010
Water Regulation (204/88) July 30/10 by Reg 251/2010
Woodworker Lien Act* July 1/10 by 2010 Bill 11, c. 6, ss. 89-90, 94(Sch4), 95(Sch5) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
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