BC Indigenous Rights Law Aims to Make First Nations
Full Participants in Political Decisions
A minister said the legislation would not effectively give Indigenous Peoples the power to stop resource development projects on their traditional lands. British Columbia is set to become the first province to introduce human rights legislation to implement the United Nations Declaration on the Rights of Indigenous Peoples, which would mandate the government to bring provincial laws and policies into harmony with its aims. The legislation is expected to be introduced on Thursday [October 24th] and is bound to raise questions about the potential impact on the way the province is governed, but Indigenous leaders, academics and members of BC's New Democrat government say it will ensure Indigenous Peoples are full participants in all aspects of the province. Read the National Post article.

BCOGC Industry Bulletins
The following BCOGC bulletins were issued in October:

• IB 2019-06 CNRL Permit Amended to Allow Resumption of Operations
• INDB 2019-21 New Leak Detection and Repair Data Collection Template

Visit the BCOGC website to view these and other bulletins.

Statement on the Declaration on the
Rights of Indigenous Peoples Act
"BC's mining sector has a been a leader in economic reconciliation with BC's Indigenous peoples through numerous agreements and partnerships that reflect UNDRIP principles. We're cautiously optimistic with proper implementation the adoption of the Declaration on the Rights of Indigenous Peoples Act will support and advance reconciliation and may lead to greater certainty on the land base. How the legislation is implemented will be critical. The legislation and the action plan that will follow must set the conditions for more clarity and certainty on the land base." Read the full article by Michael Goehring, President & CEO of the Mining Association of BC.

Claim Stake has Kamloops Couple
Calling for Change in Mining Laws
A Knutsford couple unaware of a possible gold deposit beneath their private acreage is calling for updates to the BC Mineral Tenure Act after a stranger showed up at their home last month to stake a claim – reminding them of the gold rush days of the 1800s. "It's unbelievable," Marie Reimer said, objecting to the claim and calling BC laws "antiquated". Read the full article by Jessica Wallace on Kamloops This Week.

Post-Election 2019: Impacts on
Canada's Energy Industry
The results of the Canadian federal election were as predicted: a parliamentary minority led by Justin Trudeau's Liberals. The Liberals have a strong working minority and rather than a formal coalition, they plan to govern on an ad hoc basis. This means passing legislation by finding the magic number of votes by combining with one of the other four parties: the Official Opposition Conservatives; the left-leaning New Democratic Party (or NDP); the Québec-focused Bloc Québécois (or the Bloc); and the Green Party (or the Greens). While this is not an entirely stable situation, Canada has had numerous minority governments, including most recently one led by Stephen Harper's Conservatives. Therefore, Canada watchers should feel relatively confident that the policies under a Liberal minority will not be radical or outlandish, as the government could easily be toppled with a vote of non-confidence which would mean a new election. This is not to say that there aren't hard feelings and anger roiling around on social media, but the Canadian experience is that a minority government can lead to incremental policy changes rather than seismic shifts.

Below we have described how we believe the election results may affect key parts of Canada's energy industry, especially with respect to how investors from outside Canada should view the next number of months. Read the full article by by Miles Pittman, Peter Bryan, Alan L. Ross and Aaron J. Bowler of Borden Ladner Gervais on BLG Energy Law Blog.

Bill 22, the Forest Statutes Amendment Act, 2019:
Transitioning Control of Forest Tenures
The Forest Statutes Amendment Act, 2019 ("Bill 22") was introduced into the Legislature for First Reading on April 11, and then brought into force on May 30, 2019. Bill 22 and companion amendments to the newly-named Disposition and Change in Control Regulation (the "Regulation") have changed how "dispositions" of forest tenures and "changes of control" of corporate forest tenure holders are regulated under the Forest Act.

Prior to Bill 22, whether a disposition or a change of control was permissible under the Forest Act depended upon whether the transaction would "unduly restrict competition" in the markets for standing timber, logs or chips. In the new post-amendment world, the test is whether the transaction is "detrimental to competition" in the marketing of fibre. Previously, the minister was required to permit the transaction unless it would "unduly restrict competition" whereas after the amendments, the minister must not permit the transaction if it is "detrimental to competition." Read the full article by Jeff Waatainen with DLA Piper, published in the November/December edition of the ABCFP publication BC Forest Professional.

New Bill Mandates Annual Reports on
BC's Climate Pollution Reduction
BC could soon produce annual reports on how much it is spending to fight climate change, and whether that money is reducing greenhouse gas emissions, under legislation introduced on Wednesday [October 30]. Environment Minister George Heyman said the legislation, if passed, would "strengthen BC's ability to respond to the challenges of climate change and implement our CleanBC commitments to strengthen government accountability for taking action." "We take climate change seriously, we take a smooth transition to a robust clean economy seriously, and today's measures ensure that you will be able to judge our progress and our honesty for yourselves," said Heyman. Read the Vancouver Sun article. 

Case Summary: The Minister of Environment Appropriately Focused
on the State of the Actual Construction when Deciding Whether a
Ski Resort Project was "Substantially Started"
In 2014, the Appellant, the Minister of Environment, decided a ski resort project was not substantially started. A chambers judge held this decision was unreasonable, and the Minister appealed to the BC Court of Appeal. The Court of Appeal allowed the appeal.

Glacier Resorts Ltd. v. British Columbia (Minister of Environment), [2019] B.C.J. No. 1459, 2019 BCCA 289, British Columbia Court of Appeal, August 6, 2019, H. Groberman, G.J. Fitch and J.J.L. Hunter JJ.A.

The Respondent, Glacier Resorts Ltd., is the supporter of the Jumbo Glacier Resort Project, a year-round ski resort intended to be developed in the East Kootenay Region of B.C. In 2004, as required by the Environmental Assessment Act (the "Act"), Glacier obtained an environmental certificate for the project (the "Certificate"). The certificate originally required the project to be substantially started within five years, but the deadline was extended for a further five years in 2009. The Act does not allow for any further extensions. Read the full article by Scott J. Marcinkow with Harper Grey LLP. 

Environmental Appeal Board Decisions
There were 4 Environmental Appeal Board decisions in the month of October:

Environmental Management Act

• Municipality of North Cowichan v. Delegate of the Director, Environmental Management Act [Consent Order – Appeal Dismissed]
• Thomas H. Coape-Arnold v. Delegate of the Director, Environmental Management Act [Application for Summary Dismissal – Denied]

Water Sustainability Act

• John Story; Jozica Kolarich v. Assistant Water Manager [Final Decision – Appeal Dismissed]

Wildlife Act

• Audra Tina Harnell v. Section Head, Fish and Wildlife [Final Decision – Appeal Denied]

Visit the Environmental Appeal Board website for more information.

• Part 8, Personal Protective Clothing and Equipment, section 8.24, High visibility apparel
• Part 16, Mobile Equipment, with consequential amendments to nine other Parts
• Part 20, Construction, Excavation and Demolition, section 20.47, Equipment inspection
• Part 21, Blasting Operations

Read the full WorkSafeBC article. 

Consultation on Proposed Amendments to the
Occupational Health and Safety Regulation
The Policy, Regulation and Research Division is requesting feedback on proposed amendments to the Occupational Health and Safety Regulation. The consultation phase provides stakeholders an opportunity to provide feedback before the proposed amendments are taken to public hearing. The proposed regulatory amendment packages under review are:

• Part 18, Traffic Control, multiple sections — Align the traffic control regulations with the latest edition of the Traffic Management Manual
• Part 26, Forestry Operations and Similar Activities, multiple sections — Introduce requirements to address the range of work undertaken by arborists

Read the WorkSafeBC article.