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Vol: IX –  Issue: VII  –  July 2016

Two Bills Passed in Summer Session
The BC government used the rare summer session to pass into law two Bills:

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FEDERAL LEGISLATION — For notification of federal amendments, we recommend you use our Section Tracking  tool.

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ENERGY AND MINES NEWS

Energy and Mines News:

AMEBC Issues News Release on
Transboundary Waters

The Association for Mineral Exploration issued a news release on its website to address concerns about mineral exploration and development projects and transboundary water quality concerns in Northwest BC. Environmental and community. The news release states:

AME is monitoring and strategically engaging with our members, government and community representatives about mineral exploration and development projects and transboundary water quality concerns in Northwest BC. Environmental and community concerns have been raised about transboundary waters that originate in BC and flow into Alaska. In particular, there are several rivers – Stikine, Unuk, Tulsequah and Taku – that are considered transboundary, or shared, waters. Both BC and Alaska recognize the importance and care about these shared rivers that support salmon runs and communities in both jurisdictions. As good neighbours and allies, Canadian mineral explorers and developers understand and respect these concerns. Northwest BC is one of the most biophysically and culturally diverse areas, and importantly has some of the most prospective and strategic mineral development potential in Canada. This region attracts a significant portion of the annual total mineral exploration and development expenditures in BC. Recent developments include the Red Chris Mine, the province's newest gold and copper mine. In addition there are some very promising mineral exploration projects in the region that have the potential to become operating mines, pending positive investment decisions and extensive environmental permitting processes.

Read the full news release by AMEBC. 

Federal Approval for Site C Sparks Outrage from
First Nations, Advocacy Groups

First Nations, landowners and environmental groups are accusing Justin Trudeau of reneging on promises made during last year's election campaign as the federal government quietly authorizes construction to ramp up for a controversial hydroelectric dam proposed for northeastern British Columbia. In a permitting document issued without fanfare late Friday [August 1st] before the August long weekend, the Department of Fisheries and Oceans and Transport Canada authorized B.C.'s power utility to move ahead with Site C. This includes building the actual kilometre-long earthfill dam, along with the spillways, drainage tunnels and generating stations and, ultimately, permission to divert the Peace River and flood what will become an 83-kilometre reservoir. Site C is a $9-billion megaproject that BC Hydro says will provide British Columbia with clean, renewable electricity for more than a century starting in 2020, though the proposal faces steadfast opposition from various groups over its environmental impact and a lack of consultation. "If this were the Harper government, I wouldn't be surprised at all," said Ken Boon of the Peace Valley Landowner Association, adding that he was both shocked and disappointed by the news. Read The Vancouver Sun article

ENERGY AND MINES
Act or Regulation Affected Effective Date Amendment Information
Direction No. 7 to the British Columbia Utilities Commission (28/2014) July 20/16 by Reg 197/2016
July 28/16 by Reg 207/2016
Petroleum and Natural Gas Act Aug. 1/16 by 2014 Bill 12, c. 10, sections 19 to 24, 26 to 29, 31 to 36, 37 (a) (part), (b), 38 only (in force by Reg 198/2016), Natural Gas Development Statutes Amendment Act, 2014
Petroleum and Natural Gas Act Fee, Rental and Work Requirement Regulation (378/82) Aug. 1/16 by Reg 198/2016
Petroleum and Natural Gas Drilling Licence and Lease Regulation (10/82)
(formerly titled Petroleum and Natural Gas Drilling Licence Regulation)
Aug. 1/16 by Reg 198/2016
Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation (495/92) July 20/16 by Reg 192/2016
Renewable and Low Carbon Fuel Requirements Regulation (394/2008) July 20/16 by Reg 190/2016
Silversmith Exemption Regulation (204/2016) NEW
July 28/16
see Reg 204/2016
FORESTRY AND ENVIRONMENT NEWS

Forest and Environment News:

Proposed Changes to BC's Contaminated Sites Legal Regime
The B.C. Ministry of the Environment (the "ministry") plans to update some aspects of B.C.'s contaminated sites legal regime under the Environmental Management Act (the "Act") and its Regulations. The ministry has issued two intentions papers, outlining the ministry's new approach to the identification of contaminated sites and the prevention of contamination from soil relocation. This alert highlights the proposed changes in those papers and outlines the process by which interested stakeholders can provide feedback.

Identification of Contaminated Sites
Issues with current regime

The paper outlined three major weaknesses with the current site profile regime. First, the existing regime is overly conservative. Land parcels will often be brought into the site profile process when proponents undertake activities that will not change land use. The existing triggers, therefore, are too broad. Second, in order to offset these unnecessary triggers, the ministry has had to add additional release mechanisms to the Act. This complicates the site profile process and makes application confusing. It also requires significant ministry resources to administer. Finally, there are currently other mechanisms in place which make 100% coverage by the Act unnecessary. For example, the ministry may find out about contaminated sites through Notification of Independent Remediation (NIR), Notification of Likely or Actual Offsite Migration (NOM), complaints, spill reports, emergency response, and service applications.

Read the full article by Luke Dineley of Borden Ladner Gervais LLP. 

Environmental Appeal Board Decisions
There was one Environmental Appeal Board decisions released in the month of June:

 Water Act

 Wildlife Act

Visit the Environmental Appeal Board website for more information.

FORESTRY AND ENVIRONMENT
Act or Regulation Affected Effective Date Amendment Information
Allowable Annual Cut Administration Regulation (69/2009) July 19/16 by Reg 181/2016
Carbon Tax Act Aug. 1/16 by 2016 Bill 14, c. 10, sections 3 to 6 only (in force by Reg 180/2016), Finance Statutes Amendment Act, 2016
Carbon Tax Regulation (125/2008) Aug. 1/16 by Reg 180/2016
Closed Areas Regulation (76/84) July 1/16 by Reg 130/2016
Contaminated Sites Regulation (375/96) July 19/16 by Reg 184/2016
Environmental Management Act July 19/16 by 2004 Bill 13, c. 18, section 3 (b) only (in force by Reg 179/2016), Environmental Management Amendment Act, 2004
Guiding Territory Certificate Regulation (115/2015) July 5/16 by Reg 167/2016
Hazardous Waste Regulation (63/88) July 19/16 by Reg 179/2016
Hunting Regulation (190/84) July 1/16 by Reg 130/2016
July 22/16 by Reg 200/2016
Integrated Pest Management Regulation (604/2004 July 1/16 by Regs 234/2015 and 235/2015
Motor Vehicle Prohibition Regulation (196/99) July 1/16 by Reg 130/2016
Public Access Prohibition Regulation (187/2003) July 1/16 by Reg 130/2016
Organic Matter Recycling Regulation (18/2002) July 19/16 by Reg 179/2016
Surrender Regulation (181/2016) NEW
July 19/16
see Reg 181/2016
Wildlife Act Commercial Activities Regulation (338/82) July 1/16 by Reg 130/2016
Wildlife Management Areas Regulation (12/2015) July 11/16 by Reg 177/2016
Woodlot Licence Regulation (68/2006) July 19/16 by Reg 181/2016
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