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Vol: IV  –   Issue: VI  –   June 2011

ENVIROFOR NEWS:

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ENERGY AND MINES NEWS

New Version of National Instrument 43-101 Now in Force
On June 30, 2011, amendments to National Instrument 43-101 Standards of Disclosure for Mineral Projects, Form 43-101F1 Technical Report, and Companion Policy 43-101 (collectively the "New Rule") will come into force (prior to the amendments, the "Old Rule"). With a few minor exceptions, the New Rule substantially adopts the draft amendments to the Old Rule which were published in April 2010. According to the Canadian Securities Administrators the overarching goals of the New Rule are to:

  • eliminate or reduce the scope of certain mining disclosure requirements;
  • provide greater flexibility to mining issuers in certain areas;
  • reflect changes that have occurred in the mining industry; and
  • clarify or correct areas where the previous standards were not having the desired effect.
While the basic framework of the Old Rule remains in place, the New Rule represents a significant revision to the mining disclosure regime in Canada. Click here to view the full publication by Don Collie, Robert Black, Christie Gilmour of Davis LLP.

Provisions of Clean Energy Act Questioned
If it is not already a fundamental law of economics it should be: When government says we must pay whatever it takes, we inevitably pay too much. So it is with the B.C. government's energy policies. In the Clean Energy Act, the government told BC Hydro it has to be self-sufficient. It wasn't talking about ensuring a reliable supply of energy. "Self-sufficiency" as defined by the government is simply a requirement for BC Hydro to buy more long-term firm electricity supply than its own, well-established reliability criteria says it needs and that the B.C. Utilities Commission -the independent government agency tasked with regulating energy utilities- would support. Moreover, it has to do that regardless of the cost. View entire article in the Vancouver Sun. 

Act or Regulation Affected Effective Date Amendment Information
Clean Energy Act June 2/11 by 2011 Bill 7, c. 5, ss. 33-34 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act, 2011
June 2/11 by 2011 Bill 13, c. 13, s. 31 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2011
July 1/11 s. 31(3) repeals s. 31, s. 32(4) repeals s. 32(3)
Mineral Land Tax Act June 2/11 by 2011 Bill 11, c. 11, s. 60 only (in force by Royal Assent) Yale First Nation Final Agreement Act
Mineral Tax Act June 2/11 by 2011 Bill 11, c. 11, s. 61 only (in force by Royal Assent) Yale First Nation Final Agreement Act
Petroleum and Natural Gas Act June 2/11 by 2011 Bill 11, c. 11, s. 63 only (in force by Royal Assent) Yale First Nation Final Agreement Act
Rate Comparison Regulation (119/2011) NEW
June 28/11
see Reg 119/2011
Rate Comparison Regulation (140/2009) REPEALED
June 28/11
see Reg 119/2011
FORESTRY AND ENVIRONMENT NEWS

New Forestry Law Reporter Expected Next Release
Expect to see a new edition of the Forestry Law Reporter by Jeff Waatainen in next month’s reporter. The issue will provide a summary of some of the recent legislative activity and how it may impact the industry.

B.C.'s Environmental Assessment Office slammed by A.G.
B.C.'s Environmental Assessment Office is failing to do an adequate job monitoring compliance at major projects and power plants, the province's auditor general says. "Adequate monitoring and enforcement of certified projects is not occurring and follow-up evaluations are not being conducted," Auditor General John Doyle said in statement issued on Thursday morning. "We also found that information currently being provided to the public is not sufficient to ensure accountability," said Doyle. When an environmental assessment certificate is issued, the conditions and commitments surrounding its issue should be measurable and enforceable so staff can monitor the project for compliance with the certificate conditions, said the statement. Click here for full article.

Industry Approves "Check-Off" to Fund NA Lumber Promotion
The Blue Ribbon Commission for Check-off has announced that the softwood lumber industry voted to approve the creation of a check-off to fund a unified softwood lumber promotion program in USDA's referendum which concluded on June 10th. "I am gratified and encouraged that this vote demonstrates that softwood lumber manufacturers across North America are committed to working progressively together to build a better future for the industry," said Jack Jordan, chair of the Blue Ribbon Commission for Check-off (BRC) and executive vice president of Jordan Lumber & Supply, Inc., in North Carolina. "The check-off is a strong, well-thought-out idea that will create enormous opportunities. It is a game-changing investment in the future growth of softwood lumber markets in North America." Click here for full article posted by COFI.

Act or Regulation Affected Effective Date Amendment Information
Allowable Annual Cut Administration Regulation (69/2009) June 9/11 by Reg 104/2011
Annual Rent Regulation (122/2003) June 9/11 by Reg 104/2011
British Columbia Dam Safety Regulation (44/2000) June 9/11 by Reg 108/2011
Carbon Tax Act June 2/11 by 2011 Bill 2, c. 9, ss. 4-11 only (retro to Feb. 16/11, in force by Royal Assent) Budget Measures Implementation Act, 2011
July 1/11 s. 83(6) repeals s. 83, s. 84(7) repeals s. 84(6), s. 85(4) repeals s. 85
Carbon Tax Regulation (125/2008) RETROACTIVE
to Feb. 16/11
by Reg 112/2011
College of Applied Biology Act June 2/11 by 2011 Bill 5, c. 3, s. 5 only (retro to July 1/10, in force by Royal Assent) New West Partnership Trade Agreement Implementation Act
Community Tenures Regulation (352/2004) June 9/11 by Reg 104/2011
Cut Control Regulation (578/2004) June 9/11 by Reg 104/2011
Environment and Land Use Act June 2/11 by 2011 Bill 13, c. 13, s. 34 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2011
Environmental Management Act June 2/11 by 2011 Bill 13, c. 13, s. 134 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2011
First Nation Tenures Regulation (104/2011) NEW
June 9/11
see Reg 104/2011
Forest Act June 2/11 by 2011 Bill 13, c. 13, ss. 41, 52 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2011
June 9/11 by 2010 Bill 13, c. 12, ss. 1(a),(b), 2-43 only (in force by Reg 104/2011) Forests and Range (First Nations Woodland Licence) Statutes Amendment Act, 2010
June 15/11 by 2010 Bill 7, c. 11, s. 6 only (in force by Reg 89/2011) Forests and Range Statutes Amendment Act, 2010
Forest and Range Practices Act June 9/11 by 2010 Bill 13, s. 12, ss. 44-49, 51-52 only (in force by Reg 104/2011) Forests and Range (First Nations Woodland Licence) Statutes Amendment Act, 2010
Hunting Regulation (190/84) June 16/11 by Reg 109/2011
Limited Entry Hunting  Regulation (134/93) June 16/11 by Reg 110/2011
Ministry of Environment Act June 2/11 by 2011 Bill 7, c. 5, s. 35 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act, 2011
Park Act June 9/11 by 2010 Bill 13, c. 12, s. 53 only (in force by Reg 104/2011) Forests and Range (First Nations Woodland Licence) Statutes Amendment Act, 2010
Protected Areas of British Columbia Act June 9/11 by 2009 Bill 10, c. 19, s. 2(e),(h) only (in force by Reg 106/2011) Protected Areas of British Columbia Amendment Act, 2009
June 9/11 by 2010 Bill 15, c. 13, s. 5(a) only (in force by Reg 107/2011) Protected Areas of British Columbia Amendment Act, 2010
Range Act June 9/11 by 2010 Bill 13, c. 12, ss. 54-59 only (in force by Reg 104/2011) Forests and Range (First Nations Woodland Licence) Statutes Amendment Act, 2010
Recycling Regulation (449/2004) July 1/11 by Reg 296/2009, as amended by Reg 88/2011, eff. May 19/11
July 1/11 by Reg 88/2011
Scaling Regulation (446/94) June 15/11 by Reg 89/2011
Special Accounts Appropriation and Control Act June 2/11 by 2011 Bill 13, c. 13, s. 32 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2011
Transfer Regulation (351/2004) June 9/11 by Reg 104/2011
Wildfire Regulation (38/2005) June 9/11 by Reg 104/2011
Wildlife Act Commercial Activities Regulation (338/82) June 16/11 by Reg 109/2011
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