Mandatory Mine Supervisor's Certification
Will Be Available Soon Online
The Ministry of Energy, Mines and Petroleum Resources (EMPR) completed a review of the Health, Safety and Reclamation Code for Mines in British Columbia (the Code). As a result of the review, new provisions came into force in February 2017.

One of the provisions added to the Code was the reintroduction of a Supervisor's Certification for any supervisor on a mine site to ensure a common understanding of the Code, to encourage worker safety and to ensure supervisors on a mine site are aware of their responsibilities under the Code. This requirement comes into force on June 1, 2018.

The provision requires that anyone supervising six or fewer people on a mine site or in other areas of a mine, such as a mill, tailings storage facility, lab or maintenance area or shop, complete their Supervisor's Certification. Read the full article by Al Hoffman in Mineral Exploration.

Study Explores BC's Renewable
Hydrogen Energy Potential
A new study will enable United Kingdom-based ITM Power to examine the potential for large-scale production of renewable hydrogen in British Columbia.

The study, which begins this spring, will look at the feasibility of hydrogen production and export, for energy use in Japan, California and domestically in British Columbia. If the study results are positive, ITM Power will consider building a pilot plant in BC.

The Government of British Columbia is providing $230,000 to support the study, with an additional $60,000 of in-kind support from BC Hydro, to research potential plant locations, related transmission upgrade requirements and interconnection costs.

"This technology has the potential to make British Columbia a major player in the worldwide hydrogen economy," said Energy, Mines and Petroleum Resources Minister Michelle Mungall. "This project is a clear indicator that, as we move toward a strong, sustainable energy future, BC's renewable and innovative clean energy resources make us an attractive destination for global investment." Read the government news release. 

BC Government Unveils Plan to Conduct a
Hydraulic Fracturing Review
On March 15, 2018, Minister Michelle Mungall (Energy, Mines and Petroleum Resources) unveiled the provincial government's plan to conduct an independent, scientific review of hydraulic fracturing. The review, headed by a three-person panel, will focus on the environmental effects of hydraulic fracturing, including its relationship with seismic activity, impacts on water quality and quantity, and fugitive methane emissions.

The members of the panel were announced as: Diana M. Allen, P. Geo, a professor in the department of earth sciences at SFU; Erik Eberhardt, P. Eng, a professor of rock mechanics and rock engineering at UBC; and Amanda Bustin, PhD, a research associate at UBC. Nalaine Morin will advise the panel with respect to traditional Indigenous knowledge.

The panel will work toward a tight timeline to provide a report to the Minister by the end of 2018. The report will include a review of provincial regulations and recommendations. Read the full article by Ramsey Glass of Borden Ladner Gervais.

New Emergency Management Regulation
A new Emergency Management Regulation came into force, which replaces the former regulation as of March 1, 2018. Key requirements of the new regulation include:

• adoption of CSA Z246.2, published by the Canadian Standards Association, Emergency Preparedness and Response for Petroleum and
  Natural Gas Industry Systems
• mandatory use of the Incident Command System by a permit holder as the emergency management system
• development of full-scale emergency exercises by permit holders to be conducted at least once every three years
• online availability of permit holder Core plans

British Columbia Utilities Commission Launches Inquiry to
Review Regulation of Electric Vehicle Charging
The British Columbia Utilities Commission (BCUC) recently established an inquiry to review the regulation of electric vehicle (EV) charging services in the province.

The inquiry evolved out of an application by FortisBC Inc. for approval of a $9.00 per half hour EV charging rate for service at FortisBC-owned charging stations. FortisBC stated that the proposed rate would recover the incremental costs of services associated with the charging stations over 10 years. FortisBC is installing the stations as part of the Accelerate Kootenays project, a community-driven initiative to reduce greenhouse gas emissions through the adoption of EVs in the region. The BCUC approved the requested rate on an interim basis in January 2018. In its decision, the BCUC noted that the rate design and rates for EV charging are in an early development stage in BC, and that other entities may emerge to provide EV charging services. The Commission adjourned the FortisBC application in favour of conducting the general inquiry. Read the full post on energy insider by Zoë Thoms of Aird and Berlis LLP.

Domestic Water: A Common Source of Complaints
One of the most common public concerns heard by the Forest Practices Board (FPB) relates to how forest practices affect domestic water. Many people in BC obtain their drinking water from surface water streams and they can become very concerned when sediment enters their water supply, damages their water systems, or when they see flow levels changing – either increasing or decreasing. These impacts are often attributed to forestry activities and the FPB has investigated numerous complaints about water over the years. Managing the quality of water is a shared responsibility. Water licensees are responsible for ensuring their system provides safe, clean drinking water and for recognizing the risks involved in surface water sources. Forest licensees, and the professionals they employee, have a responsibility to ensure they minimize the impacts of their activities on the water licensee's water quality or quantity. When the FPB looks at a water-related complaint, a number of aspects must be considered. These include legal obligations under the Forest and Range Practices Act (FRPA), government and professional expectations, natural events, topography and soils, and other contributing factors (non-status roads, weather events, natural slides, drainage diversion, etc.) Legal obligations related to domestic water exist in the Forest Planning and Practices Regulation under FRPA, forest stewardship plans, and higher level plan orders. Read the full article in this month's issue of BC Forest Professional Magazine.

BC Government Sets the Stage for "Revitalizing" the
Provincial Environmental Assessment Process
Changes are on the horizon for the BC Environmental Assessment (EA) process. On March 7, 2018, Minister of Environment and Climate Change Strategy George Heyman announced that the provincial government will "revitalize" the provincial EA process with a view to enhancing public confidence, advancing reconciliation with First Nations, and protecting the environment while supporting sustainable economic growth. Minister Heyman emphasized the province's goal of ensuring that First Nations, local governments, and the general public can participate in an EA process that is "transparent, science-based, timely and provides early indications of the likelihood of success."

Background
The notion of "revitalizing" the provincial EA process first emerged in the May 2017 Confidence and Supply Agreement between the BC Greens and the BC NDP, which paved the way for the NDP's ascension to power on July 18, 2017.

Read the full article by Selina Lee-Andersen and Connor Bildfell of McCarthy Tetrault.

Wildlife Regulations Amended
Several regulations under the Wildlife Act were amended on April 1, 2018 to enforce the ban on grizzly bear hunting. The changes increase the amount of meat a hunter retrieves from big game species and requires hunter to carry all their species licenses during a hunting trip. In addition, taxidermists and tanners will be required to report information about any grizzly bears or grizzly bear parts brought to them. Regulations affected by these amendments are the Designation and Exemption Regulation, Hunting Regulation, Hunting Licensing Regulation, Permit Regulation, Wildlife Act Commercial Activities Regulation and Wildlife Act General Regulation.

Environmental Appeal Board Decisions
There were three Environmental Appeal Board decisions in the month of March.

Wildlife Act

• Stan Doll v. Deputy Regional Manager [Final Decision – Appeal Dismissed]
• Gary Blackwell v. Deputy Regional Manager, Skeena Region, Resource Stewardship Division [Final Decision – Appeal Dismissed in Part; Sent Back for Direction]

Environmental Management Act

• Ayreborn Audio Video; Marilyn Henderson; Brookswood Fernridge Community Association; Frank Mueggenburg; IronGait Ventures Inc. v. District Director, Environmental Management Act [Stay Applications – Denied]

Visit the Environmental Appeal Board website for more information.