BC Oil Gas Commission to Implement Area-Based
Analysis in Application Review Process
Effective January 5, 2015, the BC Oil and Gas Commission (the "OGC") will begin using "Area-based Analysis" in considering applications for oil and gas activities in northeastern BC. The stated intention of Area-based Analysis is to integrate the requirements of existing statutes and regulations and allow the OGC to better and more consistently take into account the cumulative impact of industrial development when assessing applications for oil and gas activities. The combined footprint impact of all industrial development on the selected "values" will be taken into account. This includes all surface land use disturbance associated with oil and gas activity, geophysical activity, cutblocks and non-oil activity (such as mining, recreation, hydro, wind power, transmission lines). The OGC and the Ministries of Forests and Lands and Natural Resource Operations have been collaboratively developing this new approach since 2012. The process is similar to the current cumulative impact assessments carried out by the Environmental Assessment Office, but will apply to all applications for oil and gas activities, not just major projects. It will cover the entire Western Canadian Sedimentary Basin in northeastern BC, including all four key development basins (Liard; Horn River; Montney; and Cordova). The OGC has identified eight "values" that will be considered in the process. Only the first two will be used at the outset. The others are expected to be implemented over time. Read the full article by Williams, Rick; Bottomer, Timothy with Borden Ladner Gervais.

2014 in Review: Top 10 Legislative and Regulatory
Changes For The Canadian Oil and Gas Industry
2014 was a landmark year for legislative and regulatory changes relevant to the oil and gas sector. The federal government not only introduced pipeline safety legislation in furtherance of its Responsible Resource Development policy framework, but also required additional financial reporting from the natural resource industry. Ottawa was conspicuous by its absence in 2014 respecting greenhouse gas policy, perhaps the biggest regulatory story of the year. However, several of the provinces jumped into the breach through their own carbon mandates, a trend which may continue in 2015. Provincial energy regulation was especially active in 2014, if not exactly coherent with each other. British Columbia introduced LNG-driven reforms in tax and facilities regulation to provide clarity to potential investors. Alberta enhanced its aboriginal consultation framework and significantly expanded the energy regulator's jurisdiction. Saskatchewan, Manitoba and Ontario were relatively quiet on the legislative front. Québec and New Brunswick took measures to block oil and gas development generally, and fracking in particular. On the international front, the federal government sanctioned Russia's oil and gas industry, monitored U.S. political developments on Keystone XL and weathered impacts of rapidly declining oil prices, including a deferral of the federal budget until later this year. These political issues will continue to intersect with economic and regulatory ones in 2015. For Canadian energy companies, we expect that navigating the shoals of legislation and regulations across the country will never be as important – or difficult – as in the upcoming year. Read the full bulletin by Alan L. Ross, Landon Miller, Michael A. Marion, Michael G. Massicotte, Karen A. Salmon and Rick Williams.

Mount Polley Spill Taints Alaska-BC Mine Relations
A provincial government report that found the tailings pond dam at Mount Polley collapsed because it was built on a weak foundation has heightened concerns in Alaska about British Columbia's mine safety standards. Commercial fishermen, native organizations and the mayors of two Alaska communities say they are worried the Red Chris mine, now being built in northern British Columbia by the same company that owns Mount Polley, poses a similar risk. Both the company and the government, however, have issued assurances that the new mine is safe. Read The Globe And Mail article. 

Mining Giant Takes on BC Environmental
Group in Defamation Court Battle
The BC Supreme Court lawsuit was launched by Taseko Mines Ltd. after the Wilderness Committee claimed during a public comment period in 2012 that the New Prosperity mine could destroy Fish Lake. Criticism of a proposed mine by an environmental group and allegations of defamation by the project's owner have landed both parties in BC Supreme Court. Taseko Mines Ltd. launched the lawsuit after the Wilderness Committee claimed during a 2012 public comment period that the New Prosperity mine could destroy Fish Lake. The proposed gold and copper mine, 125 kilometres southwest of Williams Lake, was undergoing a federal environmental assessment when the statements were made. Taseko lawyer Roger McConachie told court on [January 19^th] the company's civil complaint involves five articles published by the non-profit organization, which were emailed to supporters and posted online starting in January 2012. Read The Vancouver Sun article. 

BC Government Reviews Environmental
Oversight of Resource Development
Province's use of company-hired professionals
to monitor environment part of review
The BC Liberal government has launched an internal review of how its laws and oversight of resource development affects wildlife habitat. The review, headed by Prince George North MLA Mike Morris, is a response, in part, to concerns raised by a trio of wildlife user groups late last year. The 43,000-member BC Wildlife Federation, BC Trappers Association and the Guide Outfitters Association of BC called on the provincial government to retake control of resource extraction practices, planning and oversight. The groups said the government's move in the past decade to rely on professionals hired by industry to make decisions on the land base, with little government oversight, has failed. The government has reduced its own professional staff that monitors resource company practices and moved to a model where they increasingly rely on professionals who work for the companies, including foresters and engineers, to ensure the environment is protected. Read The Vancouver Sun article. 

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

Wildlife Act

• Dustin Kovacvich v. Regional Manager, Recreational Fisheries and Wildlife Program [Final Decision – Appeal Dismissed]
• David Charles Ward v. Deputy Director of Wildlife [Consent Order – Decision Varied]
• Dr. Ian Mackenzie v. Regional Manager, Recreational Fisheries and Wildlife Programs, West Coast [Final Decision – Appeal Dismissed]

Visit the Environmental Appeal website for more information.