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Vol: VI  –  Issue: IX  –  September 2013

ENVIROFOR NEWS:

The Upside to No Legislative Session
The Liberal government's decision not to reconvene this fall will allow Quickscribe to focus more resources on completing work on the new version of EnviroFor Online, which is expected to be launched early 2014. As part of the annotation component of this project, Quickscribe is now in the process of recruiting a select group of legal experts who specialize in a particular area of law. These experts will provide interpretation, thoughtful commentary and links to case law throughout the legislative database. You will then have the opportunity to comment, share, follow and exchange information regarding these posts. More information about the new version of your site will be forthcoming as the launch date draws near. Plans are also in the work to develop an enhanced search engine for the EnviroFor Online platform. Stay tuned!

OIC Appointments Added
Quickscribe is pleased to announce that all OICs that deal with appointments will now be posted on EnviroFor Online. Previous references will be added in the coming months.

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

BC Oil and Gas Regulator Increases Transparency with Enforcement Details
The public can now find out details of the B.C. Oil and Gas Commission's regulatory enforcement actions. This summer, the regulatory body began quietly publishing on its website reports of its enforcement actions, including the names of companies, a description of the incident and its location. They will continue to do so on a quarterly basis. The first report shows the B.C. Oil and Gas Commission (BCOGC) issued four orders, including to Nova Gas Transmission Ltd. in the Fort Nelson area in northeastern B.C. to stop withdrawing water from a pit because of the presence of minnows. Tervita Corp. was cited for well pressure problems in the Buick Creek area near Fort St. John. Until now, the 15-year-old BCOGC had published annual compliance and enforcement statistics, but not the names of companies or details of its orders, tickets, administrative penalties or charges. Read Vancouver Sun article

Energy Companies Get BC Natural Gas Extraction Royalty Breaks
The British Columbia government has announced nearly $116-million in royalty breaks for energy companies to construct roads or build pipelines in support of natural gas production in the province's northeast. In a move meant to stimulate liquefied natural gas exports to Asia, oil and gas companies will get a break on the royalties they would normally pay to the B.C. government for resource extraction. The benefit under the Infrastructure Royalty Credit Program can be as high as 50 per cent of the cost of constructing roads, pipelines and associated facilities. The majority of the 12 projects that will benefit from the $116-million break announced Monday will be built at the Montney play in an area north of Fort St. John, B.C. The announcement comes the same day a report warned that B.C's pledge to build the cleanest LNG industry in the world must be met with strict, and likely pricey, environmental measures. Without them, the report from environmental group Tides Canada warned, the province's sector risks creating a carbon footprint nearly double that of the oil sands in 2010. Read full article in the Globe & Mail. 

AME BC Comments on Cooperative Capital Markets Regulatory System
Securities Regulation Overlap Addressed in Announcement

The Association for Mineral Exploration British Columbia (AME BC) commented today on the joint government announcement of September 19 to create a Cooperative Capital Markets Regulatory System. The Ministers of Finance of British Columbia, Ontario and Canada have agreed to establish a cooperative securities regulator and have invited all provinces and territories to participate in the proposed system. The federal government stated that a cooperative securities regulator will better protect investors, enhance Canada's financial services sector, support efficient capital markets and manage systemic risk. It will feature a single regulator administering a single set of regulations and be operationally independent and self-funded through a single set of fees. The single regulator is expected to be operational by 2015. View the full article published on the AME BC website. 

Proposed Changes to the National Energy Board Export and
Import Regulatory Framework – Comment Period Extended

The National Energy Board is proposing amendments to the National Energy Board Part VI (Oil and Gas) Regulations and the National Energy Board Export and Import Reporting Regulations. Concurrently, the Board is proposing amendments to the Toll Information Regulations. The proposed amendments can be found on the National Energy Board website.  The Board is seeking public comment on the proposed amendments to these regulations. The comment period has now been extended until October 18, 2013.

ENERGY AND MINES
Act or Regulation Affected Effective Date Amendment Information
Consultation and Notification Regulation (279/2010) Sept. 26/13 by Reg 204/2013
Direction No. 4 to the British Columbia Utilities Commission (203/2013) NEW
Sept. 25/13
see Reg 203/2013
Mines Act Sept. 1/13 by 2011 Bill 19, c. 27, sections 11 and 12 only (in force by Reg 99/2013), Miscellaneous Statutes Amendment Act (No. 3), 2011
Permit Regulation (99/2013) NEW
Sept. 1/13
see Reg 99/2013
FORESTRY AND ENVIRONMENT NEWS

New Law from BC's Environmental Appeal Board –
Lots for Landowners, Lawyers and Consultants

BC Environmental Appeal Board Orders Ministry of Environment to Issue Previously Rejected Certificates of Compliance.
On July 17, 2013, the BC Environmental Appeal Board ("Board") rendered an important ruling in an appeal by a commercial landowner seeking to overturn a decision of a director of the Ministry of Environment ("MOE"). The director had rejected an application for two certificates of compliance (for the source site and a portion of impacted neighbouring property) and required, even after many years of investigation and remediation, resubmission of the entire application to current standards. The Board allowed the appeal and ordered the director to issue the certificates of compliance. Richard Bereti and Una Radoja of Harper Grey LLP acted for the successful party, Morguard Investments Limited, in this appeal. Read full article posted by Richard Bereti, Una Radoja with Harper Grey LLP. 

Non-Compliance Issues Found During Audit of the
McBride Community Forest in British Columbia

An audit of the McBride Community Forest in the Robson Valley has found several instances of non-compliance with provincial forestry legislation, according to a report released today. These findings include failing to show road locations on site plan maps, in one instance leading to a poorly constructed road that caused environmental harm. Five access roads also were upgraded and used without authorization. The status of cutblocks was not reported to government when required and accurate silviculture information was not maintained by the community forest. "Each of these findings has potential implications for the overall sound management of forest resources, and collectively they raise serious questions about the community forest corporation's diligence and attention to detail," said board chair Al Gorley. WA and related regulations, as of September 2012. View the full news release published by the Forest Practices Board. 

Provincial Logging Residue & Waste Measurement
Procedures Manual Amendment

A recent amendment to the Provincial Logging Residue and Waste Measurement Procedures Manual is intended to extend the expiry date of the waste benchmarks until September 30, 2014, unless terminated earlier. The amendment comes into force as of October 1, 2013. For more information on this amendment or to view the manual click here

BC Forest Safety Council Launches Walking Challenge
to Help Improve Health of Log Haulers

The BC Forest Safety Council (BCFSC) is rolling out a new health and wellness program focused on increasing the physical activity levels and overall health of log truck drivers in BC. The Healthy Hauler Step Challenge aims to provide BC's log truck drivers with an opportunity to become more active in an easy, fun, and inexpensive way. Using pedometers provided free by the BCFSC, truckers can track the number of steps they take each day, log them over a month's time, compete for prizes, and earn recognition in their industry. They can challenge themselves, co-workers, and teams from other companies. View the full news release on the BC Forest Safety Council Website. 

FORESTRY AND ENVIRONMENT
Act or Regulation Affected Effective Date Amendment Information
Environmental Data Quality Assurance Regulation (301/90) Sept. 27/13 by Reg 209/2013
Flathead Watershed Area Conservation Act Sept. 1/13 by 2011 Bill 19, c. 27, section 13 only (in force by Reg 99/2013), Miscellaneous Statutes Amendment Act (No. 3), 2011
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