Parliament Breaks for Christmas

Changes to Mines Act
Amendments brought about by Bill 19, Miscellaneous Statutes Amendment Act (No. 3), 2011, will give the Province the power to introduce regulations that would exempt some lower-risk activities from the permitting process. This approach will reduce the regulatory burden on industry, allow it to grow the mining sector, save individual companies time and money and, ultimately, help create jobs. Regulations will be developed in consultation with First Nations, industry and the public. Higher-risk activities will continue to require permitting under British Columbia’s strict regulatory regime. The Bill will come into force by regulation. Source: Ministry of Attorney General.

BC First Nations Divided over Enbridge Pipeline
On Friday, December 2nd, a group of hereditary chiefs from the Gitxsan in northwestern B.C. announced it had accepted Enbridge Inc.'s (TSX:ENB) offer of an equity stake in the $5.5-billion project. In announcing the agreement, Chief Elmer Derrick heralded his community's "trusted" relationship with Enbridge, and he estimated the deal would be worth at least $7 million for the Gitxsan. But shortly after the announcement, a group claiming to represent other hereditary chiefs, including Geri McDougall, and four Gitxsan bands issued a news release denouncing the agreement.

The news release came from the plaintiffs in a lawsuit against the Gitxsan Treaty Society and the B.C. Treaty Commission over complaints about ongoing treaty negotiations with the federal and provincial governments. Read the full story on the CTV website.

Recent BC Decision Limits Authority of DFO in Development Near Water
A recent decision of the BC Court of Appeal confirms that the Federal Department of Fisheries and Oceans (“DFO”) does not have authority over, and does not need to approve, development near water which does not have a harmful effect on fish habitat. Nor does DFO need to be consulted, nor do they have the authority to require changes to development near water, if there is no harmful effect on fish habitat.

This is an important decision for developers in BC because, up until this decision, DFO had been given de facto control over developments near water as part of the planning and development process. Of course, if there is a harmful effect on fish habitat, then DFO has authority and an Authorization is required in order to be in compliance with the Fisheries Act. Read the full article by Tony Crossman with Miller Thomson.

BC Lumber Producers File Statement of Defence in Pine Beetle Export Case
A statement of defence has been filed against a complaint alleging violations of the Canada-U.S. softwood lumber agreement involving the export of wood from trees savaged by the mountain pine beetle in British Columbia. 

The more than 200-page statement, outlining U.S. allegations and Canada's response, was filed earlier this week before the London Court of International Arbitration. It was unclear when a decision will be rendered in the case. Canada had until November to respond to the complaint and oral arguments had been scheduled for February in Washington, D.C. U.S. forestry companies contend that B.C. trees destroyed in the mountain pine beetle epidemic have been turned into logs or lumber at unfairly low provincial government cutting fees and shipped to the U.S. market. Their complaint, filed after consultations failed to produce a solution, says the practice has given B.C. mills an unfair advantage in softwood sales. Read the full article in the Winnipeg Free Press.

Foresters Act Changes in Effect
Sections of Bill 6, Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2011, came into force on November 14th. Among other changes, the Bill amended the Foresters Act so as to enable timber cruisers to be officially certified, to provide confidence that accurate information used to calculate stumpage is being collected. Timber cruising involves gathering data on the amount, type, grade and value of trees to be cut into timber in a particular cutblock.

Wildlife Act Amendments
Amendments brought about by Bill 19, Miscellaneous Statutes Amendment Act (No. 3), 2011 are intended to create new recreational opportunities for interested youth and adults, support the guide outfitting industry and provide conservation officers more enforcement to prevent human-wildlife conflicts and increase public safety. As being a guide outfitter is often a lifetime career, the changes extend the term for guide certificates to a maximum of 25 years (from 10 years) and will help provide greater business certainty. The requirement to submit a guide report after a hunt will be moved from the act to regulations and consideration will be given to extending the report submission deadline to give guide outfitters more flexibility and time. Other proposed amendments include: increasing the age limit of youth (junior) from 10 to 13 years to 10 to 17 years; the creation of a new mentorship initiation hunting licence for residents 18 years old and above, which will permit individuals to explore hunting under the close supervision of an experienced hunter; and a prohibition and $230 fine for the mismanagement of attractants (such as food, compost and garbage waste) that could invite dangerous wildlife, such as grizzly and black bears, cougars, coyotes and wolves. These changes are now in force. Source: Ministry of Attorney General.