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Vol: V  –   Issue: XI  –   November 2012

ENVIROFOR NEWS:

New Quickscribe Training Guide – Now Available
We recently updated some of our handout material, which provides an overview and instruction for using some of the basic components of Quickscribe Online. If you are interested in receiving a PDF copy of this handout, please email info@quickscribe.bc.ca and type in “training guide” in the subject header.

Faster Load Times
Quickscribe recently resolved a server issue that was causing the occasional delay for the main page to load. The main page should load quickly and consistently now.

Happy Holidays!
The Quickscribe Team would like to take this opportunity to wish all of our clients a safe and happy holiday.

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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

Proposed Activities for Mines Act Permitting Exemption
In November 2011, an amendment to the Mines Act was passed to enable cabinet to establish class exemptions for permits. Currently, permits are required for all mine-related activities including some small-scale mineral exploration activities that are low-risk and cause little-to-no health, safety or environmental concerns. While inspectors are able to grant individual exemptions, each application must be reviewed on a case-by-case basis. This process is time-consuming and takes away from reviewing and inspecting mine-related activities that do pose some potential for health, safety or environmental risk. Click here to view the full bulletin.

Oil Firms Issue Guidelines for Quakes Caused by Fracking
The Canadian Association of Petroleum Producers has issued a new set of guidelines for dealing with earthquakes caused by fracking, a controversial technique for extracting natural gas from shale. With fracking, operators inject a combination of water, sand and chemicals into the ground under high pressure to break the rock and free the gas trapped inside. The industry group's voluntary operating practices are being posted nearly three months after a study by the B.C. Oil and Gas Commission found fracking caused a spate of minor earthquakes in northeastern B.C. between 2009 and 2011. The guidelines encourage CAPP members to assess the potential for quakes by making use of existing data and communicating with nearby operators. View the CBC article.

BC to Host First LNG International Conference
British Columbia will host Canada’s first international conference focused on liquefied natural gas (LNG). The details were announced [recently] by Minister Rich Coleman. The conference, Fuelling the Future: Global Opportunities for LNG in BC, will be held at the Vancouver Convention Centre on February 25 and 26, 2013. The Province of British Columbia and natural gas LNG proponents will join First Nations leaders, local governments, learning institutions, global investors, and domestic and international consumers to discuss the status of BC’s LNG industry. Multiple panel discussions are planned, with topics focusing on global market developments, regulatory best practices and skills development for future labour needs. Read the full government news release.

ENERGY AND MINES
Act or Regulation Affected Effective Date Amendment Information
Administrative Penalties Regulation (316/2012) NEW
Nov. 9/12
see Reg 316/2012
Exemption Regulation No. 4 (331/2012) NEW
Nov. 23/12
see Reg 331/2012
Utilities Commission Act Nov. 9/12by 2012 Bill 30, c. 27, ss. 36, 37, 40 (b) and (c), 43, 44, 46 only (in force by Reg 316/2012), Energy and Mines Statutes Amendment Act, 2012
FORESTRY AND ENVIRONMENT NEWS

A Warning for Plaintiffs in
Environmental Management Act Cost Recovery Actions

The B.C. Supreme Court recently considered the scope of its jurisdiction to hear claims for cost recovery under the Environmental Management Act, S.B.C. 2003, c. 53 [EMA]. In Terrim Properties Ltd. v. Soprop Holdings Ltd., 2012 BCSC 985, the Court found that it did not have jurisdiction to consider a cost recovery action in circumstances where the plaintiff had conducted certain remediation but no "determination" had been made by the "director" under the EMA that that property was a "contaminated site". Section 47(7) of the EMA requires that, before a court can hear a cost recovery action under s. 47, a site must have been "determined or considered under section 44". This requirement can be satisfied by a determination that a site is a contaminated site or by certain other actions by the director which will result in a site being "considered to be" a contaminated site: the appointment of an allocation panel; a determination that a person is a minor contributor; entry into a voluntary remediation agreement; issuance of an approval in principle; or issuance of a certificate of compliance (s. 44(5)). View the full article by by Kimberley Fenwick and Richard E. Bereti with Harper Grey LLP and published on the BCEIA website.

FortisBC Ready to Harness Tolko's Heat
The Tolko plant in Kelowna has been blowing off steam for decades. Wasted heat environmentalists would say. But that could soon change. Tolko, FortisBC and the City of Kelowna are teaming up to harness that wasted heat. "It's actually quite a nice system where you take waste heat, capture it and convert that heat into a water source," says FortisBC spokesman, Neal Pobran. "You just pipe that water underground and bring it in through the buildings, convert the water back into forced air and heat it throughout the building." Read it on Global News.

Federal Fisheries Officials Stalling on Talks to Protect Water
The Department of Fisheries and Oceans has no formal plans to consult with stakeholders on new regulations or partnerships to prevent industrial pollution in the wake of a major changes to environmental protection laws adopted last summer, says newly-released internal correspondence obtained by Postmedia News. Despite pledging to develop new regulations and partnerships to protect Canadian waterways when it implemented the changes to Canada’s Fisheries Act and other legislation, the department is unable to provide any timelines or details of its progress, nearly six months later. View article on Global.

FORESTRY AND ENVIRONMENT
Act or Regulation Affected Effective Date Amendment Information
Advertising, Deposits, Disposition and Extension Regulation (55/2006) Nov. 9/12 by Reg 318/2012
Cut Control Regulation (578/2004) Nov. 26/12 by Reg 367/2012
Drainage, Ditch and Dike Act Nov. 15/12 by Reg 373/2008, as amended by Reg 325/2012
Forest Act Nov. 16/12 by 2012 Bill 26, c. 14, ss. 1, 3, 4 only (in force by Reg 319/2012), Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2012
Ozone Depleting Substances and Other Halocarbons Regulation (387/99) Nov. 9/12 by Reg 317/2012
Wildlife Act Nov. 26/12 by 2008 Bill 29, c. 33, section 16 only (in force by Reg 386/2012), Environmental (Species and Public Protection) Statutes Amendment Act, 2008 (as amended by 2009 Bill 11, c. 20, section 15 only, Labour Mobility Act, in force by Royal Assent)
Wildlife Act Commercial Activities Regulation (338/82) Nov. 26/12 by Reg 386/2012
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