British Columbia Strengthens Oil and Gas
Liability Management Regime
British Columbia has introduced amendments to the Oil and Gas Activities Act to address a growing number of orphan oil and gas sites due to increased operator insolvencies. The proposed changes will enable the Oil and Gas Commission (OGC) to adequately fund the Orphan Site Reclamation Fund (OSRF), develop new regulations that will require inactive wells to be abandoned and restored, and prevent oil and gas operators with a history of insolvency or non-compliance from operating in BC.

Increasing number of orphan sites
The OSRF is a fund administered by the OGC to pay for the costs of abandoning and restoring orphaned oil and gas sites. The number of designated orphan sites in BC recently leaped over one year from 45 to 307 due to operator insolvencies. The costs to abandon and restore these orphaned sites are estimated to be $40 to $60 million. However, as of March 31, 2017, the OSRF held only $5.3 million in funds.

Read the full article by Alan Harvie, Max Collett, Matthew D Keen with Norton Rose Fulbright LLP.

BC's Case over Oil Flow through Province might be Damaged by
NDP's Old Anti-Trans Mountain Expansion Stance
British Columbia's court case over the flow of heavy oil through the province could be damaged by the NDP government's previous positions against the expansion of the Trans Mountain pipeline, says a legal expert.

The provincial government filed a reference case Thursday [April 26th] in the B.C. Court of Appeal asking whether amendments it is proposing to the Environmental Management Act are valid and if they give the province the authority to control the shipment of heavy oils based on the impact spills could have on the environment, human health or communities. The province is also asking the court whether the amendments are over-ridden by federal law. Read the National Post article. 

Greenhouse Gas Reduction (Clean Energy) Regulation Updated
Effective April 20, 2018 amendments to the Greenhouse Gas Reduction (Clean Energy) Regulation adjusted the maximum expenditures allowed on compressed or liquefied natural gas fuelling stations by a public utility during the undertaking period.

Federal Ozone-depleting Regulations Amended
On April 16, 2018, the Ozone-depleting Substances and Halocarbon Alternatives Regulations were amended, aiming reduce the supply of hydrofluorocarbons (HFCs) entering into Canada as well as the demand for HFCs in manufactured products. This will reduce Canadian greenhouse gas emissions, in order to help limit increases in global average temperatures and contribute to Canada's international obligations to combat climate change. Additionally, the amendments aim to allow Canada to ratify the Kigali Amendment to the Montreal Protocol.

Changes to Riparian Areas Protection Act
Riparian areas of the province are areas near streams and rivers. Since 2006, regulations have been in place to protect fish habitats and ensure environmental stewardship under increasing threats from urban development. The proposed amendment will enhance that protection by giving the minister the authority to publish criteria and methods through a manual for qualified environmental professionals (like registered biologists) to follow when they are carrying out habitat assessments in riparian areas. Read the full new release.

Modern Treaty Rights Prevail Over Duty to Consult
First Nations Asserting Aboriginal Rights
What happens when a First Nation asserts aboriginal rights or title that conflict with another First Nation's rights under a modern treaty? In its recent decision, Gamlaxyeltxw v. British Columbia (Minister of Forests, Lands & Natural Resource Operations), the British Columbia Supreme Court (Court) ruled that in these circumstances, the "treaty right must prevail over the duty to consult [the non-treaty First Nation]." To our knowledge, this is the first court decision to consider the government's duties in these circumstances.

Overview
The Gitanyow Nation and the Nisga'a Nation are located in northwestern British Columbia. The Nisga'a Nation, British Columbia and Canada entered the Nisga'a Final Agreement (Nisga'a Treaty) in 2000. The Gitanyow and the Nisga'a have a long-standing disagreement over territory along the Nass River. The Gitanyow have not entered a land claims agreement with the province or Canada, but have commenced claims for aboriginal title and rights, including over areas covered by the Nisga'a Treaty.

Under the Nisga'a Treaty, the Minister of Forest, Lands and Natural Resource Operations (Minister) – now the Minister of Forests, Lands, Natural Resource Operations and Rural Development – is responsible for setting a total annual harvest for moose hunting in the Nass Wildlife Area, which is defined in the Nisga'a Treaty.

Read the full article by Roy Millen and Matthew Tse with Blake, Cassels & Graydon LLP. 

Gypsy Moth Treatment Areas Regulation
The North American Gypsy Moth Eradication Regulation, 2018, became effective on April 15, 2018. The regulation sets out four zones which will undergo spray treatment for the eradication of the gypsy moth: Agassiz, Surrey, Courtenay and Campbell River. The project, which includes the search and removal of gypsy moths and eggs, will last from April 15 to November 30, 2018.

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

Water Sustainability Act / Water Act

• Doug Halstead and Donna Halstead v. Water Manager, Thompson Okanagan Region [Final Decision – Appeal Dismissed]
• Bernard Wohlleben v. Assistant Water Manager [Stay Decision – Denied]
• Karen Nonis v. Assistant Regional Water Manager [Final Decision – Appeal Dismissed]

Visit the Environmental Appeal Board website for more information.