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Vol: VI  –   Issue: III  –   March 2013

ENVIROFOR NEWS:

Short Legislature
The House has finished sitting and will not resume until after the upcoming spring election. Some of the Bills that did not get passed in the short 19-day session include the plan to pool registered pensions for the self-employed, a Bill to elect federal senators and the Budget Measures Implementation Act. Despite the short session, a significant number of amendments have come into force as a result of the new Family Law Act and Provincial Sales Tax Act.

Slow Loading Main Page Issue Resolved
Many clients have noticed that the main page has been slow to load in recent weeks. We are pleased to report that a permanent solution has been found and is now in place. We are committed to ensuring that all of the pages on the site continue to load quickly and consistently – something our long-time users have come to expect.


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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

New Oil and Gas Regulations May Come "By Mid-Year", Government Says
Environmental regulations for Canada’s oil-and-gas sector are in their final stages, the environment minister said Tuesday. The regulations would seek to curb the sector’s greenhouse-gas emissions to help Canada meet a 2020 target for a 17 percent cut in overall emissions from 2005 levels. Rules are already in place for the transportation and coal-fired electricity industries, but estimates suggest they get Canada only halfway to that goal. Read Globe and Mail article.

New Agreement Advances Oil and Gas Relationship
A new agreement signed between the Province, the Halfway River First Nation (HRFN) and the BC Oil and Gas Commission (Commission) will support economic development and provide greater land use certainty in northeast British Columbia. The Oil and Gas Consultation Agreement defines the process and timelines for engagement activities between the HRFN – a member of the Treaty 8 First Nations – and the Commission for proposed oil and gas activities, as well as the Ministry of Energy, Mines and Natural Gas for pre-tenure related engagement. The agreement benefits the region by establishing a collaborative approach to oil and gas development. Industry has the confidence to invest and conduct business in the area knowing a formal process is in place to assess proposed activities. Read more.

Mining Association of BC Acknowledges a Stay the Course Federal Budget 2013
The Mining Association of British Columbia (MABC) acknowledges the federal government’s stay the course budget that remains largely consistent with previous announcements, including the commitment to balancing the budget by 2015. MABC is encouraged by the federal government’s continued recognition of the skills shortages in the mining sector and welcomes the renewal of the $500-million-per-year Labour Market Agreements in 2014-15 to introduce the Canada Job Grant. The Canada Job Grant allows for the reallocation of funds for opportunities for apprentices and internships. View the full press release by MABC.

ENERGY AND MINES
Act or Regulation Affected Effective Date Amendment Information
Applicability Regulation No. 5 (281/2003) Apr. 1/13by Reg 91/2013
Authorization for Burrard Thermal Electricity Regulation (319/2010) Mar. 8/13by Reg 100/2013
Clean Energy Act RETROACTIVE to
Dec. 2/12
by 2013 Bill 8, c. 12, section 10 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2013
Direction to the British Columbia Utilities Commission Respecting the Iskut Extension Project (137/2013) NEW
Mar. 22/13
see Reg 137/2013
Industrial Operation Compensation Act Mar. 18/13by 2011 Bill 16, c. 25, section 481 (Schedule) only (in force by Reg 131/2012), Family Law Act
Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation (495/92) Apr. 1/13by Reg 128/2013
Utilities Commission Act Mar. 18/13by 2011 Bill 16, c. 25, section 451 only (in force by Reg 131/2012), Family Law Act
FORESTRY AND ENVIRONMENT NEWS

Forest Act Amendments Deferred for Consultation
Forests, Lands and Natural Resource Operations Minister Steve Thomson issued the following statement [this past March] with regard to proposed amendments to the Forest Act that would enable the conversion of volume-based forest licences to area-based forest licences: "The mountain pine beetle infestation has had a devastating environmental impact on the province's Interior forests and significant economic impact on forestry-dependent communities. It is important that the provincial government have as many tools as possible to enhance mid-term timber supply. "In response to the 2012 Special Committee on Timber Supply's report and to improve forest stewardship and support community resiliency, we proposed amendments to the Forest Act that would enable the conversion of volume-based forest licences to area-based forest licences. Read full government news release.

BC to Take Over Merged Environmental Review
BC environmental assessment will substitute for federal process, starting with 2 coal mines
The BC and federal governments have signed a deal that will eliminate duplicate environmental assessments of major resource projects. Under the agreement, the BC Environmental Assessment Office, with the help of some federal experts, will conduct a single review of specific projects, including ensuring the proper consultation with First Nations. The results will be given to the federal and provincial environmental ministers to make separate decisions on the impacts of the projects. BC Environment Minister Terry Lake says the agreement doesn't mean assessments will be any less rigorous, and they will still meet all federal and provincial requirements. He says the guiding principle of the new process remains ensuring a strong environmental assessment and Aboriginal consultation. View CBC article.

New Protections in Effect for Forestry Contractors – Forestry Service Providers Protection Act
The Province has fulfilled a commitment to bring into force new financial protections for forestry contractors, effective April 1, 2013. Forestry sector contractors have the ability to secure payments for work done under contract by making a charge on accounts or registering a lien on forest products that have been delivered to licensees. A lien is a right to keep property belonging to another person until a debt is paid. Contractors can register a lien using the Personal Property Registry at B.C. Registry Services. Earlier this year, a $5 million Forestry Service Providers Compensation Fund became active, supporting financial protections for logging contractors. In the event of licensee insolvency, forestry contractors can now access this compensation fund to better protect their financial interests. These changes to the Forestry Service Providers Protection Act have been consolidated and posted live for you to view at your convenience. Source: Government of BC

Federal Budget Cuts $100 Million from Fisheries and Oceans over Three Years
The Harper government took another axe to the Department of Fisheries and Oceans in [the recent] budget. The department will have to cut spending by $33 million a year starting in 2015-16 – the year the government vows to balance the budget. But the federal Conservatives, who first cut Fisheries spending in the 2012 budget and watered down habitat protection legislation, tried to make amends with critics by increasing funding for habitat protection. The money, more than $10 million over two years, will be aimed at local organizations who will presumably fill gaps left by the departure of Fisheries habitat officers since last year’s cuts. Read full article published by the Vancouver Sun.

Government Releases Draft Species-At-Risk Plan
The Draft Five-Year Plan reflects many of the recommendations of the BC Task Force on Species at Risk. Public comment has been encouraged at several points in the development of a provincial approach to species at risk: during Task Force deliberations in 2010, upon publication of the Task Force report in 2011, and now upon the posting of this draft Five-Year Plan in 2013. View draft.

Complementary Objectives:
Upholding the Public Interest and Advocacy of Good Forest Stewardship
Under the Foresters Act, the BC Legislature has entrusted the profession of forestry with the privilege to regulate itself, in the public interest, through the vehicle of the ABCFP. In exchange for this privilege, as with other professional regulatory bodies in BC, the ABCFP assumes responsibility to serve and protect the public interest with respect to all matters within its regulatory mandate. This includes upholding the public interest through the exercise of authority over admission of members, establishment of standards, and investigation and resolution of complaints with a view to ensuring the competence, independence, professional conduct and integrity of RPFs and RFTs, and ensuring that each person engaged in the practice of professional forestry is accountable to the ABCFP. View full article by Jason Herbert and published in the ABCFP publication BC Forest Professional.

FORESTRY AND ENVIRONMENT
Act or Regulation Affected Effective Date Amendment Information
Applicability Regulation No. 1 (36/87) Mar. 18/13 by Reg 369/2012
Carbon Tax Act Mar. 18/13 by 2011 Bill 16, c. 25, section 283 only (in force by Reg 131/2012), Family Law Act, as amended by 2013 Bill 2, c. 1, section 72 only (in force by Royal Assent), Provincial Sales Tax Transitional Provisions and Amendments Act, 2013 
Apr. 1/13 by 2013 Bill 2, c. 1, section 68 only (in force by Royal Assent), Provincial Sales Tax Transitional Provisions and Amendments Act, 2013
Contaminated Sites Regulation (375/96) Mar. 18/13 by Reg 365/2012
Controlled Recreation Area (Resort Timber Administration Act) Regulation (166/2007) Mar. 20/13 by Reg 130/2013
Cranberry Marsh/Starratt Wildlife Management Area Regulation (157/2013) NEW
Mar. 28/13
see Reg 157/2013
Designation and Exemption Regulation (168/90) Apr. 1/13 by Reg 38/2013
Drinking Water Protection Regulation (200/2003) Mar. 20/13 by Reg 122/2013
Environmental Management Act Mar. 18/13 by 2011 Bill 16, c. 25, section 481 (Schedule) only (in force by Reg 131/2012), Family Law Act
Fisheries Act Mar. 18/13 by 2011 Bill 16, c. 25, section 481 (Schedule) only (in force by Reg 131/2012), Family Law Act
Forest Accounts Receivable Interest Regulation (406/98) Mar. 20/13 by Reg 124/2013
Forest Act Mar. 18/13 by 2011 Bill 16, c. 25, sections 359 to 360 and 481 (Schedule) only (in force by Reg 131/2012), Family Law Act, as amended by 2013 Bill 2, c. 1, section 72 only (in force by Royal Assent), Provincial Sales Tax Transitional Provisions and Amendments Act, 2013
Forest and Range Practices Act Mar. 18/13 by 2011 Bill 16, c. 25, section 481 (Schedule) only (in force by Reg 131/2012), Family Law Act
Forestry Revitalization Act Mar. 18/13 by 2011 Bill 16, c. 25, section 481 (Schedule) only (in force by Reg 131/2012), Family Law Act
Forestry Service Providers Protection Act Apr. 1/13 by 2010 Bill 21, c. 16, sections 1 to 24, 35 (2), (3) (a) to (d), (f) to (i), (j.1) and (l) only (in force by Reg 141/2013), Forestry Service Providers Protection Act
by 2012 Bill 26, c. 14, sections 5 to 8 only (in force by Reg 141/2013), Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2012
Hunting Licensing Regulation (8/99) Apr. 1/13 by Reg 38/2013
Hunting Regulation (190/84) Mar. 12/13 by Reg 103/2013
Apr. 1/13 by Reg 38/2013
Limited Entry Hunting Regulation (134/93) Mar. 12/13 by Reg 103/2013
Apr. 1/13 by Reg 38/2013
Logging Tax Act Mar. 18/13 by 2011 Bill 16, c. 25, section 402 only (in force by Reg 131/2012), Family Law Act, as amended by 2013 Bill 2, c. 1, section 72 only (in force by Royal Assent), Provincial Sales Tax Transitional Provisions and Amendments Act, 2013
McTaggart-Cowan/nsƏk’ ɬ niw't Wildlife Management Area Regulation (110/2013) NEW
Mar. 19/13
see Reg 110/2013
Parksville-Qualicum Beach Wildlife Management Area Regulation (107/2013) NEW
Mar. 15/13
see Reg 107/2013
Permit Regulation (253/2000) Apr. 1/13 by Reg 38/2013
Protected Areas of British Columbia Act Mar. 14/13 by 2013 Bill 5, c. 3, sections 1, 2, 4 and 6 only (in force by Royal Assent), Protected Areas of British Columbia Amendment Act, 2013
Mar. 21/13 by 2013 Bill 5, c. 3, section 5 only (in force by Reg 133/2013), Protected Areas of British Columbia Amendment Act, 2013
Mar. 27/13 by 2013 Bill 5, c. 3, section 3 only (in force by Reg 146/2013), Protected Areas of British Columbia Amendment Act, 2013
Mar. 31/13 by 2013 Bill 5, c. 3, section 7 only (in force by Reg 142/2013), Protected Areas of British Columbia Amendment Act, 2013
Range Act Mar. 18/13 by 2011 Bill 16, c. 25, section 481 (Schedule) only (in force by Reg 131/2012), Family Law Act
Resort Area Tax Regulation (89/2007) REPEALED
Apr. 1/13
by Reg 91/2013
Summit Creek Campground and Recreation Area Regulations (164/73) Mar. 18/13 by Reg 361/2012
Sustainable Environment Fund Act Apr. 1/13 by 2013 Bill 2, c. 1, section 118 only (in force by Royal Assent), Provincial Sales Tax Transitional Provisions and Amendments Act, 2013
Water Act Mar. 18/13 by 2011 Bill 16, c. 25, section 481 (Schedule) only (in force by Reg 131/2012), Family Law Act
Wildlife Act Apr. 1/13 by 2011 Bill 19, c. 27, sections 26 to 30, 34 to 35 only (in force by Reg 38/2013), Miscellaneous Statutes Amendment Act (No. 3), 2011
Wildlife Act General Regulation (340/82) Mar. 22/13 by Reg 138/2013
Apr. 1/13 by Reg 38/2013
Wildlife Management Areas Regulation No. 5 (114/2001) Mar. 15/13 by Reg 107/2013
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