BC Hydro Submits Mass of Information on Environmental Impact of Site C Dam
BC Hydro says its proposed $7.9-billion Site C hydroelectric dam in northeastern British Columbia will flood agricultural land and force some landowners off their property, but overall, the project should proceed because it's in the best interests of the province. The Crown-owned public utility submitted its environmental impact statement Monday to federal and provincial review bodies that must now conduct a joint environmental review process that includes public hearings and will be followed by a decision on the future of the project, likely sometime next year. The massive, 5-volume, 40-section submission to the federal Canadian Environmental Assessment Agency and the provincial British Columbia Environmental Assessment Office is the result of 5 years of studying the potential effects of the dam and proposed measures to avoid or mitigate the impacts. View CTV article.

Province and Ktunaxa Reach Agreement to Share Mine Revenue
A new revenue-sharing agreement ensures 4 Ktunaxa Nation communities benefit from resource development within their traditional territory. The agreement is the fourth Economic and Community Development Agreement (ECDA) in the province and fulfils the BC government’s commitment to reach 10 new non-treaty agreements under the BC Jobs Plan by 2015. The Economic and Community Development Agreement (ECDA) will enable the Ktunaxa Nation, comprised of the 4 communities of St. Mary’s, Tobacco Plains, Lower Kootenay and Akisq’nuk First Nation, to share revenues from new coal mine projects in the Elk Valley. The agreement also links to the Strategic Engagement Agreement between BC and Ktunaxa Nation, which provides for a decision-making and project-review process to ensure the Ktunaxa Nation continues to be involved in decision-making about new mine projects. As well, the agreement replaces the Ktunaxa Nation Council’s existing Forest Revenue Sharing Agreement. View government news release.

Forestry Service Providers Protection Act, SBC 2010, c. 16
Sections of the Forestry Service Providers Protection Act were recently brought into force by BC Regulation 3/2013. These changes deal with the types of payments made to and from the Forestry Service Providers Compensation Fund, as well as the process involved in application for compensation from the fund.

The Bigger Picture [Re: Woodlot Licences]
The following article was published by Brian McNaughton in the Woodlot Almanac – a Federation of British Columbia Woodlot Associations.
It’s not hard to get overly focused on day-to-day issues. Topics such as private land withdrawal, 1 CP, RESULTS submissions, questions about how higher level plans relate to Woodlot Licence Plans, waste assessments, the Natural Resource Road Act, use of qualified persons, mid-term timber supply, Open Burning Smoke Control Regulation, safety, etc. take priority; and rightfully so. But every once in a while it doesn’t hurt to be reminded about what’s going on in the bigger picture. Such was the case at the November 2012 Forest and Range Practices Advisory Committee (PAC) meeting when the agenda included such topics as the FRPA Oversight Project, Compliance & Enforcement Act, the Integrated Decision Making Act and Environmental Mitigation. View full article.

Eyes Wide Open: Cost Recovery Action when Plaintiff Purchases
a Contaminated Site with Knowledge of Contamination
First Capital Realty Inc. v. Imperial Oil Limited - Case Comment
The issue of fair allocation between a plaintiff and a defendant of the costs incurred by the plaintiff in remediating a contaminated site was recently considered by our Supreme Court in First Capital Realty Inc. v. Imperial Oil Limited. The June 2012 decision (as yet unreported) is of importance to those contemplating or already involved in a cost recovery action and to those in the business of purchasing and selling contaminated sites in British Columbia. The facts of the case were as follows: The defendant, Imperial Oil Limited, and its predecessor companies owned a commercial property in Nanaimo, BC from about 1958 until about 1993. The defendant sold the property in 1993 to a third party, a numbered company. In August 2007, the plaintiff, First Capital Realty Inc., purchased the property from the numbered company. View the full article published by Una Radoja with Harper Grey LLP.

Premier Announces Measures to Support and Protect Logging Contractors
Premier Christy Clark [recently] set in motion a $5-million fund to provide financial protection for forestry contractors, as well as announcing tax relief on previous compensation payments. “Our promise to logging contractors was to guarantee they receive payment for work performed, and to ensure fair tax treatment on earlier compensation,” said Premier Clark. “Today we’re honouring those commitments.” The compensation fund will strengthen payment protection for those who contract their services to forest sector companies. Logging contractors who provide services to licensees, but are not paid because of licensee insolvency, can now access this compensation fund to better protect their financial interests. The Forestry Service Providers Compensation Fund was initially established in the spring of 2012, under the Forestry Service Providers Protection Act (FSPPA). Since the fund’s inception, the Province and industry have now reached an agreement around the fund’s parameters, permitting logging contractors to be compensated if they incur a financial loss resulting from the insolvency of a licensee. The fund is administered arm’s length from government. “We’re grateful that BC loggers now have some level of protection similar to contractors in the building industry,” said Dwight Yochim, TLA executive director. “We look forward to working with the provincial government to finalize the financing of the fund so our members can be protected into the future.” Click here to read the government news release.

BC Safety Authority Releases Recommendations Following
Investigation into Babine Forest Products Explosion and Fire
BC Safety Authority (BCSA) [recently] released a recommendations report on its investigation into the explosion and fire at Babine Forest Products near Burns Lake BC. This tragic incident occurred January 20, 2012, killing 2 workers in the mill and injuring 20 more. The sawmill facility itself was destroyed by the explosion and fire. The recommendations report intends to improve safety in the wood processing industry. The full investigation report is not being released at this time to avoid compromising Crown Counsel’s review of a referral from WorkSafeBC. According to BC Safety Authority President and CEO, Catherine Roome, “we have chosen this approach because it balances our respect for that process with our responsibility for promoting safety.” View full article published by the BCSA.