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Vol: VI  –   Issue: II  –   February 2013

ENVIROFOR NEWS:

Flurry of Legislative Activity in the Legislature
The 5th session, 39th Parliament is in full swing with a significant number of government bills being tabled thus far. These include:

A reminder that if you would like to track the progress of these Bills, or to track changes to the laws that these Bills amend, please feel free to make use of our BC Legislative Digest tracking tool, and have us monitor and alert you to changes for laws of your choosing.

Tip: Log in to EnviroFor Online prior to clicking Reporter links


FEDERAL LEGISLATION — For notification of federal amendments, we recommend you use our RSS feed.

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ENERGY AND MINES NEWS

Proposed Changes to Clean Energy Act
The BC government recently introduced Bill 8, the Miscellaneous Statutes Amendment Act, 2013, which proposes amendments to the Clean Energy Act. The proposed changes are intended to extend the submission due date for BC Hydro’s Integrated Resource Plan (IRP) under the Clean Energy Act. The IRP deadline will be changed to August 3, 2013, to give government, liquefied natural gas proponents and BC Hydro the time and flexibility to complete electricity supply agreements so that the IRP is a realistic plan for British Columbia’s future power needs.

AME BC: BC's Exploration Laws are Progressive
The following article was published in the Vancouver Sun by Gavin C. Dirom, president and chief executive officer of the Association for Mineral Exploration British Columbia (AME BC).
The mineral exploration and development industry in British Columbia has continually evolved, changing its practices and updating regulations in both reasonable and practical ways based on sound facts and information. Industry's approach is in contrast to the incomplete set of facts and fearmongering it sees from some special-interest groups with a narrow agenda. A recent Vancouver Sun opinion piece by Sarah Cox from Sierra Club B.C. and Jessica Clogg from West Coast Environmental Law is the latest example. The January 30 article contained a disappointing number of errors and omissions about BC's mineral exploration laws and the industry today. Consider their description of BC's mineral tenure legislation as "antiquated," and from the 19th century. In fact, BC's Mineral Tenure Act and Regulations were significantly amended in 2005 and again in July 2012. These laws are regularly updated and considered a model for other jurisdictions around the world. Moreover, converting mineral tenure to a mining lease is very far from an automatic process. It is a modern and highly regulated process based on common sense – and it's already in place. Read more

ENERGY AND MINES
Act or Regulation Affected Effective Date Amendment Information
Petroleum and Natural Gas Act Feb. 28/13by 2013 Bill 2, c. 1, s. 111 only (in force by Royal Assent), Provincial Sales Tax Transitional Provisions and Amendments Act, 2013
FORESTRY AND ENVIRONMENT NEWS

Proposed Amendments to Forest Act
The BC government recently introduced Bill 8, the Miscellaneous Statutes Amendment Act, 2013, which proposes amendments to the Forest Act. The proposed changes are intended to provide for the conversion of volume-based forest licences to area-based tree farm licences, and the creation of supplemental forest licences to provide fibre security to bio-energy, pellet producers and secondary manufacturing operators. The amendments also provide the ability to establish sustainable maximum harvest limits on the amount of low-grade timber that can be credited to non-sawlog timber processing facilities. A number of related and consequential housekeeping amendments also are proposed. These amendments are part of the Province’s mid-term timber supply action plan and follow from recommendations made by the Special Committee on Timber Supply.

U.S. Lumber Coalition Seriously Concerned by
British Columbia Log Export Policy Changes

The U.S. Lumber Coalition is seriously concerned by the recent announcement of log export policy changes in British Columbia (BC), particularly an increase in the "fee in lieu of domestic manufacturing" applied to many log exports that will take effect on March 1. Log export restrictions have the effect of insulating BC lumber mills from world market prices for logs, which have increased significantly in recent years as China and other countries have increased their demand for North American logs. The recent announcement of measures to tighten log export restrictions on the BC Coast will allow BC lumber producers to pay even further below-market prices for their log inputs. "In effect, BC has increased the implicit subsidy from log export restrictions for BC Coast lumber mills," said Luke Brochu, Chairman of the Coalition and President of the family-run Pleasant River Lumber Company in Maine. "This gives BC Coast lumber mills a greater advantage in the U.S. market, at the expense of U.S. mills that pay full market price for their inputs," he explained. View full article published on Newswire.ca.

Proposed Changes to Integrated Pest Management Act
The BC government recently introduced Bill 8, the Miscellaneous Statutes Amendment Act, 2013, which proposes amendments to the Integrated Pest Management Act. The proposed changes are intended to give the Minister of Environment authority to make regulations that reduce the unnecessary use of pesticides for cosmetic purposes. The amendments take into account feedback following public consultation and input, as well as the work of the special committee. If passed, the amendments will provide authority for regulations requiring a licence for using most pesticides on landscaped private land, with some exceptions. The regulations are currently being developed.

Forest Practices Board Raises Forest Road and Bridge Concerns
While most Forest Practices Board audits find good practices, more than 55 percent of issues found since 2005 are with roads and bridges, with 5 times more issues detected in 2010 and 2011 than in the previous 5 years combined, according to a board report released today. “Roads and bridges are a common problem area in our audits,” said, board chair Al Gorley, “and poorly constructed or maintained roads and bridges create risks to workers, the public and the environment. The board is concerned that non-compliance has increased significantly over the past few years. An audit report the board also released [in February] is a further example of these findings.” The board has been seeing an increase in licensees who appear to be cutting back on maintenance work and are using few or no culverts in road construction. Read full press release issued by the Forest Practices Board. 

FORESTRY AND ENVIRONMENT
Act or Regulation Affected Effective Date Amendment Information
Advertising, Deposits, Disposition and Extension Regulation (55/2006) Feb. 28/13 by Reg 73/2013
Controlled Alien Species Regulation (94/2009) Feb. 26/13 by Reg 60/2013
Hunting Regulation (190/84) Feb. 13/13 by Reg 53/2013
K'omoks Designated Area Regulation (34/2013) NEW
Feb. 1/13
see Reg 34/2013
Lheidlli T'enneh Designated Area No. 2 (55/2013) NEW
Feb. 18/13
see Reg 55/2013
Limited Entry Hunting Regulation (134/93) Feb. 13/13 by Reg 53/2013
Metal Dealers and Recyclers Regulation (101/2012) Feb. 10/13 by Reg 4/2012
Yale Designated Area No. 3 (35/2013) NEW
Feb. 1/13
see Reg 35/2013
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