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Vol: VII  –  Issue: VII  –  July 2014

ENVIROFOR NEWS:

New Platform Launch August 14th
What You Need to Know
As you should now be aware, a new version of EnviroFor Online (EnviroFor 2.0) is scheduled for launch on August 14th. The new version will include a number of enhancements, including a unique annotation feature. The new version will also require you to create your own secure (self-managed) password. Here are a few things to consider prior to the launch. Please be sure to pass this along to others in your organization who use may use EnviroFor but may not subscribe to this Reporter.

  • August 14th: The new version will replace the current version of EnviroFor Online.
  • New Login/Password:
    • If you currently access EnviroFor via user name and password, you will be prompted to create a new, more secure password when you log in to the site for the first time. A wizard will walk you through this process. Note that your work email address will be used as your new user name.
    • If you currently access EnviroFor automatically through an IP access (no passwords), you will continue to automatically gain access to the site as you did before; however, in order to take advantage of the new annotation features, we encourage you to create your own personal password via the "login to participate" link on the top navigation. Creating a password will still enable you to enjoy the convenience of automatic login to the general site on subsequent visits; however, creating a password will entitle you to take full advantage of the new features whenever you wish.
  • Training: A short "Getting Started" slideshow will be prominently featured on the new site. A help menu has also been updated to reflect the new features and we hope to have some additional video tutorials available shortly. In addition, we will also be offering free training sessions via webinar in the coming months. If you or others in your organization are interested in attending these in a future training session, please feel free to send us an email with the subject line "Webinar Training". Be sure to include your full name and department. There will be other opportunities to sign up to these sessions later this fall.
  • Annotations: Due to the manner in which the new site has been developed, there has been no opportunity for our legal professional contributors to post annotations prior to the launch of the site. Therefore, the total number of "expert" annotations within the legislation database will be limited, at least initially. We fully anticipate that the annotation component will gain momentum as more annotations are added in the coming months. We thank you for your patience during this transitional period.

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

New Regulations Governing LNG Facilities – July 21st
On July 21, 2014, the provincial government enacted the long-awaited Liquefied Natural Gas Facility Regulation ("LNGFR") after consultations with the First Nations, industry, government organizations and other stakeholders. Other regulations were amended on the same day for clarity: the Pipeline and Liquefied Natural Gas Facility Regulation was amended to exclude its application to LNG facilities and was renamed the Pipeline Regulation, and the Drilling and Production Regulation ("DPR") was amended to include a definition of "facility" that excludes LNG facilities. It is the LNGFR that now governs LNG facilities while the Pipeline Regulation and DPR do not. The BC Oil and Gas Commission (OGC) has simultaneously released an 80 page guidance document specific to the regulation. It provides a plain language overview of the regulation's requirements as well as significant contextual information about how the regulation fits into existing legislation and OGC standards. For example, it describes how the OGC and Transport Canada regulatory regimes will overlap to regulate floating LNG facilities. The LNGFR itself is technical in nature and addresses the regulatory aspects associated with applying for an LNG permit, the construction and operation of an LNG facility, and the risks associated with LNG facilities. As stated by the OGC, "included in the regulation are rules around the permit application process, engineering design requirements, hazard analysis, safety and loss management programs, risk assessment, emergency planning and response, flaring limits and noise and light control". Ancillary to these rules are a series of important document retention requirements. Read the full article published on the Bull Housser website. 

Mount Polley Spill Could Affect Whole Mining Industry
BC’s mining association says the Mount Polley spill could lead to changes for the industry, even as First Nations leaders predicted the disaster will affect other resource projects and vowed to push for a public inquiry if they do not get the answers they are seeking. Millions of cubic metres of waste spewed from a tailings pond into central BC waterways on [August 4th] at the Mount Polley copper and gold mine, which is owned by Imperial Metals Corp. Angela Waterman, vice-president of environment and technical affairs for the Mining Association of BC, said much about the spill is unknown, but it could have consequences for other mining outfits when the results of investigations come out. Read The Globe And Mail article

BC First Nation Behind Landmark Land Title
Case Releases Mining Policy

A British Columbia First Nation behind a recent Supreme Court of Canada case that significantly expanded aboriginal land title rights laid out ground rules [July 31st] for mining projects on its traditional territory, requiring resource companies to minimize the negative impacts of projects while sharing revenue. The Tsilhqot'in National Government's mining policy also follows the group's successful fight against the New Prosperity mine, proposed by Taseko Mines Ltd. (TSX:TKO), which was rejected by the federal government earlier this year due to the potential impact on a lake considered sacred by area First Nations. The Tsilhqot'in Nation, located near Williams Lake, BC, said it isn't opposed to mining on its territory, but resource companies need to respect the rights of aboriginals if they want their projects to proceed. "The goal is to have proponents actually come through the door of the Tsilhqot'in Nation," Chief Russell Myers-Ross of Yunesit'in, one of the six bands that make up the Tsilhqot'in, said in an interview. "We had the example of Taseko Mines, who showed us what not to do. We need proponents and industry to begin showing a lot more respect for our people and our nation if they want to build partnerships in our territory." Read The Vancouver Sun article.

Chevron Says No Interest in Boosting Stake
in Kitimat LNG Project after Apache Exit

Chevron Corp. said it has no interest in boosting its ownership share of Kitimat LNG project planned for the BC coast beyond 50% after partner Apache Corp. said it would sell its half of the project. "We need to get our partnership resolved," George Kirkland, Chevron's vice-chairman and executive vice-president of upstream operations, said Friday as the U.S. oil major announced second-quarter results. Apache needs to move through the issues and we need to get a new partner in. That needs to happen "That means Apache needs to move through the issues and we need to get a new partner in. That needs to happen." Houston-based Apache said [July 31st] it would "completely exit" the Kitimat plant, casting doubt on the future of the multi-billion-dollar export proposal as well as BC's goal of seeing three LNG projects operating by 2020. Read Financial Post article

ENERGY AND MINES
Act or Regulation Affected Effective Date Amendment Information
Consultation and Notification Regulation (279/2010) July 21/14 by Reg 147/2014
Demand-Side Measures Regulation (326/2008) July 10/14 by Reg 141/2014
Drilling and Production Regulation (282/2010) July 21/14 by Reg 147/2014
Liquefied Natural Gas Facility Regulation (146/2014) NEW
July 21/14
see Reg 146/2014
Pipeline Regulation (281/2010) formerly Pipeline and Liquefied Natural Gas Facility Regulation July 21/14 by Reg 147/2014
FORESTRY AND ENVIRONMENT NEWS

Environmental Appeal Board Decisions
The following Environmental Appeal Board decisions made under the Wildlife Act were released in the month of July:

Province Offers Pulp Mills $100 Million
for Energy Conservation

BC's Energy Minister is throwing a lifeline to the province's pulp mills, with up to $100 million for energy conservation projects to help offset rising industrial electricity rates. Bill Bennett [made] the announcement in Surrey [July 24th], flanked by four mill companies that had publicly warned they could be driven to economic hardship by his ministry's 10-year plan to raise BC Hydro rates. The companies – Canfor, Catalyst Paper, Paper Excellence and West Fraser – operate thermo-mechanical pulp mills and are among B.C.'s biggest industrial power users. Under the new program, they will be eligible for government money using a formula that involves the horsepower of refiners at their mills. The companies can use the funding toward new machinery or mill upgrades that will reduce power consumption, as long as they also contribute 25 per cent of the capital costs. "We're estimating that the thermo-mechanical pulp industry in BC should be able to save roughly $17.5 million annually in electricity costs," Bennett said in an interview with The Vancouver Sun. Read The Vancouver Sun article

FORESTRY AND ENVIRONMENT
Act or Regulation Affected Effective Date Amendment Information
Carbon Neutral Government Regulation (392/2008) July 1/14 by Reg 124/2014
Closed Areas Regulation (76/84) July 1/14 by Reg 72/2014
Consular Tax Exemption Regulation (127/2008) July 28/14 by Reg 149/2014
Emission Offsets Regulation (393/2008) July 1/14 by Reg 124/2014
Green Mountain Wildlife Management Area Regulation (139/2014) NEW
July 2/14
see Reg 139/2014
Hunting Regulation (190/84) July 1/14 by Reg 72/2014
Motor Vehicle Prohibition Regulation (196/99) July 1/14 by Reg 72/2014
Private Managed Forest Land Council Regulation (182/2007) July 1/14 by Reg 71/2014
Protected Areas of British Columbia Act July 28/14 by 2014 Bill 11, c. 11, section 2 only (in force by Reg 150/2014), Protected Areas of British Columbia Amendment Act, 2014
Wildlife Act Commercial Activities Regulation (338/82) July 1/14 by Reg 72/2014
Wildlife Management Areas Regulation No. 3 (183/91) REPEALED
July 2/14
by Reg 139/2014
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