BC Court: No Abuse of Water
Approvals for Fracking
Because fracking consumes a huge amount of water, Western Canada Wilderness Committee (WCWC) and the Sierra Club of B.C. recently challenged how the BC government grants water use approvals to oil and gas companies. The government gives a series of short term approvals for fracking, frequently renewed, without regulating the cumulative water taking of an entire project. Does this violate B.C.'s Water Act. WCWC et al. v. B.C. (Oil and Gas Commission) et al., 2014 BCSC 1919? At issue was the interpretation of s. 8 of the Act and, specifically, whether the provincial oil and gas commission (OGC) was abusing the power to grant consecutive short-term approvals in lieu of longer licenses which theoretically require greater environmental review. Section 8(1) states:

If a diversion or use of water is required for a term not exceeding 24 months, the comptroller or a regional water manager may, on application, without issuing a licence, grant an approval in writing, approving the diversion or use, or both, of the water on the conditions the comptroller or regional water manager considers advisable. The Court pointed out that oil and gas companies "use" less than 1% of all surface water allocated for use in B.C. and that hydro power is allocated greater than 90% of all such approvals. WCWC, supra at para. 16. Oil and gas operators typically require water use for geophysical exploration, drilling, winter road construction, well drilling and the testing of pipelines, for example.

Province Releases Progress Report
on Mount Polley Remediation
The first phase of a long-term remediation plan for the area impacted by the Mount Polley breach focuses on human health and environmental safety through the winter and spring, to June 2015. A progress report on Mount Polley Mining Corporation's remediation plan, focusing on Phase One of a longer-term plan, was released by Environment Minister Mary Polak. The company has already completed or initiated many components of Phase One, toward achieving three key outcomes, which will ensure:

• No further unauthorized discharges into Hazeltine Creek;
• The impact zone will be stabilized to manage seasonal events; and
• Water quality entering Quesnel Lake and at the outer edge of the impact zone will meet provincial water quality guidelines.

Deliverables of Phase One of the longer-term plan are contained in a letter to the company outlining what actions have been completed to the ministry's satisfaction, and what actions still need to be taken over the short-term. This letter, along with the progress report and other supporting documents can be found online at: http://www.env.gov.bc.ca/eemp/incidents/2014/mount-polley/updates.htm. Read the full government news release. 

Range Act Amendments
Changes made to the Range Act and Range Act regulation to improve the management of BC's rangeland will come into force [December 1, 2014], Forests, Lands and Natural Resource Operations Minister Steve Thomson has announced. The regulatory changes reflect a commitment made in the BC Jobs Plan and a recommendation of the Ranching Task Force to improve the regulatory framework for range tenure holders. The changes to the Range Act regulation:

• streamline the process for approving agreements (permits and licences) so vacant Crown range can be allocated more quickly and efficiently;
• simplify the fee structure and eliminate some fees;
• improve business certainty for range operators by allowing longer terms on tenures, and also allow the conversion of grazing permits issued prior to 2004 to grazing licences; and
• enable the conversion of grazing leases to grazing licences, providing tenure holders more flexibility to manage their businesses.

The changes to the Range Act regulation will also give licence holders and other agreement holders more freedom to manage their operations by removing the requirement for operators to obtain ministry approval before selling their excess hay production. The changes will also allow a holder of multiple tenures to more easily consolidate or subdivide those tenures. Source – Government of BC 

Environmental Appeal Board Decisions
A number of Environmental Appeal Board decisions were released in the month of November. These include the following:

Environmental Management Act

• Emily Toews; Elisabeth Stannus; Unifor Local 2301 v. Director, Environmental Management Act [Preliminary Issues – Appeals Denied]
• Emily Toews; Elisabeth Stannus v. Director, Environmental Management Act [Application for Order to Produce Documents – Denied]
• Emily Toews; Elisabeth Stannus v. Director, Environmental Management Act [Preliminary Applications – Denied in Part]

Wildlife Act

• Ryan Damstrom v. Regional Manager (Kootenay Boundary Region) [Final Decision – Appeal Allowed in Part]

Visit the Environmental Appeal website for more information.