Energy and Mines News:

First Nation Launches Court Action against Pacific NorthWest LNG
Victoria says progress with Gitga'at being made on $36-billion project
as it locks in compensation in the event of industry-specific changes
As the B.C. government on [July 7] continued to put the pieces in place for a much-promoted first LNG project, another First Nation threw up a roadblock, challenging the leading $36-billion Pacific NorthWest LNG project in court. The Gitga'at First Nation is seeking a judicial review from the B.C. Supreme Court over a B.C. Environmental Assessment Office decision they say does not recognize the Gitga'at as being one of the Tsimshian First Nations entitled to full consultation on the project near Prince Rupert in northwest B.C. Read The Vancouver Sun article. 

Federal Government Introduces Prince Rupert Port Authority
Liquefied Natural Gas Facilities Regulations
On June 20, 2015, the federal Department of Transportation published the proposed Port of Prince Rupert Liquefied Natural Gas Facilities Regulations (Regulations) with respect to proposed liquefied natural gas (LNG) facilities to be built at Prince Rupert, British Columbia. The Regulations are issued under federal authority by virtue of the Canada Marine Act, which regulates Canadian ports. At present, there are four proposals for LNG facilities to be located at Prince Rupert, two are to be located wholly on federal port lands and two are to be located largely on provincial lands, with small portions on federal port lands. The Regulations implement a regulatory regime for the design, construction, operation, and maintenance of LNG projects proposed on federal lands, and in particular at the Port of Prince Rupert (Port). The Regulations have the following stated objectives:

• to establish a federal regulatory regime for LNG projects at the Port that applies, with some modifications, the existing British Columbia provincial regulatory regime;
• to create legal certainty authorizing the British Columbia Oil and Gas Commission (OGC) to administer regulatory oversight at the Port with respect to construction and operation of LNG facilities on behalf of the federal government while preserving the regulatory role of the Port with respect to navigation, shipping, and management of Port lands;
• to provide certainty and confidence for investors, developers, and the public that there is a clear regulatory regime in place to adequately regulate proposed LNG projects at the Port; and
• to promote consistency in the regulation of LNG projects in British Columbia, whether on federal or provincial lands.

The Regulations are designed to parallel provincial laws and regulations and to rely on the expertise of the OGC in administration and enforcement. Read the full article by Paul Cassidy, Monika Sawicka and Connor Bildfell with McCarthy Tétrault LLP. 

Environmental Appeal Board Decisions
There were two Environmental Appeal Board decisions released in the month of June:

Wildlife Act

• Tristan A. Galbraith v. Deputy Regional Manager, Fish and Wildlife [Final Decision – Appeal Dismissed]

Water Act

• Jason Horst v. Assistant Regional Water Manager, Kootenay Boundary Region [Consent Order – Appeal Dismissed]

Visit the Environmental Appeal Board website for more information.