Why BC's Indigenous Rights Bill is "Impractically
Broad" and Inconsistent with Canadian Law
[Opinion]
British Columbia's Bill 41, aimed at implementing the Universal Declaration on the Rights of Indigenous Peoples (UNDRIP) into provincial legislation is – depending on one's perspective – either a forward-looking framework that will provide much-needed guidance to oil and gas companies and others dealing with Indigenous people, or a misplaced attempt to do so that will create a host of new challenges for reconciliation efforts.

Roy Millen, a partner in Blake, Cassels & Graydon LLP's Vancouver office, believes the law – introduced on Oct. 24 and given second reading on Oct. 30 – is a bit of both. It has not yet been passed or proclaimed. "I think the province is trying to do something good and symbolic that has, however, produced unanticipated wrinkles that have already created and will continue to create short-term uncertainties for project proponents," he said.

The United Nations General Assembly adopted UNDRIP in 2007 by way of a huge majority. Canada was only one of four naysayers, but in 2016 Prime Minister Justin Trudeau announced that his government was a "full supporter." A private member's bill incorporating UNDRIP into federal legislation, Bill C-262, passed the House of Commons in 2018, but died in the Senate when the recent election was called. Read the full article by Julius Melnitzer in the Financial Post.

Media Statement on CN Rail Strike
Michael Goehring, President & CEO of the Mining Association of British Columbia made the following statement today on the strike by the Teamsters Canadian Rail Conference, which represents approximately 3,200 CN employees across Canada: "The Mining Association of BC is closely following the work stoppage on behalf of our members, who rely on Canada's rail network to move our products to global markets. Depending on the duration of the job action, the reduction in rail capacity in BC will have a significant and adverse impact on our members' operations, their employees, and their customers. Read the full news release on the Mining Association of British Columbia website.

BC Passes Law to Force Oil Companies
to Reveal How Gas Prices Are Set
British Columbia's provincial government has passed legislation to force oil companies to reveal how they set gas prices. Lawmakers passed the Fuel Price Transparency Act on Wednesday [November 27th]. The legislation comes in the wake of an investigation by the BC Utilities Commission (BCUC) that found an unexplained 10 to 13 cent premium on Lower Mainland fuel prices over Pacific Northwest wholesale prices. The regulator says the differential is costing British Columbians an estimated half-billion dollars a year, and prompted the BCUC to question whether BC is a "functioning competitive market." Read the Global News article. 

Fortune Beams on Tsilhqot'in Solar-Power
Project on Remote Chilcotin Plateau
"For us, it demonstrates that we can be leaders in clean energy," said Chief Russell Myers Ross, vice chair, Tsilhqot'in National Government. The Tsilhqot'in solar farm emerges as 16 neat rows of silvery panels on the tawny and green-mottled Chilcotin Plateau's landscape just off Highway 20, about 80 kilometres west of Williams Lake on the drive to Bella Coola. Made up of 3,456 solar modules perched at the edge of an old sawmill site, the recently completed facility is rare – one of a handful of small independent power projects to go ahead before the province hit pause on B.C. Hydro's program for such projects. Read The Vancouver Sun article. 

BC Bans Logging in Sensitive Area in
Skagit River Valley
The BC government has banned logging in an ecologically sensitive area along the U.S. border after Seattle's mayor and environmental groups called for protection of the watershed. Forests Minister Doug Donaldson announced Wednesday [December 4th] that BC will no longer award timber licences in a 5,800-hectare plot called the Silverdaisy or "doughnut hole" in the Skagit River Valley. He said the province's previous Liberal government awarded a timber sale licence for the area in 2015 but that approval has now ended and no future licences will be granted. Read the Canadian Press news release, published on Victoria News. 

CN Rail Strike: Media Statement by
BC Council of Forest Industries
The BC Council of Forest Industries issued a statement today expressing significant concern about the impact of rail transport disruptions from the strike at CN Rail. "90% of the forest products we produce are sent to export markets in North America and around the world," said Susan Yurkovich, President & CEO of the BC Council of Forest Industries. "We rely on critical transportation infrastructure and reliable rail service to get our products to market and serve our customers." "A disruption of this critical transportation network will adversely impact BC forest companies at a time when we are already facing significant challenges and increasing competition from around the globe," added Yurkovich. "It will create further hardship for the workers and communities who are already feeling the impacts from mill closures and curtailments." Read the full news release on the BC Council of Forest Industries website.

Environmental Appeal Board Decisions
There were 5 Environmental Appeal Board decisions in the month of November:

• Thomas H. Coape-Arnold v. Delegate of the Director, Environmental Management Act [Application for Summary Dismissal – Denied]
• Randy Carrell dba Iron Mask Trailer Park v. Director, Environmental Management Act [Final Decision – Appeal Dismissed]
• Telegraph Cove Resorts Ltd. v. Delegate of the Director, Environmental Management Act [Final Decision – Appeals Dismissed, Application for Costs – Denied]
• Gibsons Alliance of Business and Community Society; Marcia Timbres v. Director, Environmental Management Act [Application for Costs – Denied]

Water Sustainability Act

• Tekamar Mortgage Fund Ltd.; Lori Anne Moen v. Assistant Water Manager [Application for Adjournment – Denied]

WorkSafeBC Issues Two Law & Policy
Announcements in November:

• Activity-Related Soft Tissue Disorders (ASTDs) of the Limbs
  On October 23, 2019, the Board of Directors approved amendments to policy item #27.00, Activity-Related Soft Tissue Disorders (ASTDs) of the Limbs of the Rehabilitation Services & Claims Manual, Volume II.
• Permanent Disability Evaluation Schedule 2018 Review
  On October 23, 2019 the Board of Directors approved amendments to the Permanent Disability Evaluation Schedule (PDES) in the Rehabilitation Services & Claims Manual, Volume II to, to update conditions to ensure the PDES reflects best practices for assessment and diagnosis.

Click here for more information on these and other WorkSafe Law & Policy announcements.

Sawmill Explosions Report Calls for
Stronger Accountability
A report reviewing government's and WorkSafeBC's actions following two fatal sawmill explosions recommends changes to strengthen and streamline the investigative process, provide more accountability and better supports and safeguards for workers.

On Jan. 20, 2012, two people died and 20 were injured in an explosion at Babine Forest Products in Burns Lake. Three months later, on April 24, two people died and 22 were injured in a similar explosion at Lakeland Mills in Prince George.

BC Coroners Service inquests were conducted into the deaths of the four individuals and government also commissioned two reports in 2014 – the Dyble Report and the Macatee Report. Together, these reports and the 2015 BC Coroners Service verdicts included numerous recommendations directed at government and other agencies on how to make improvements to workplace safety, inspections, education, enforcement and investigations. Read the full government news release. 

BCFSC to Launch New Website in 2020
To support our on-going efforts to improve communication and be recognized as an industry leader for value-added health and safety and training resources, we will be launching a new website in 2020. The new website will have an updated look that will be easier to navigate with simplified, filtered search options for easier access to resources and improved navigation tools for a better user experience. We will also be enhancing communication with targeted messaging and digital initiatives using BCFSC's new Customer Relationship Management (CRM) system. This new system will provide a better way of managing our communications. We will be able to share key messaging, resources and information simultaneously using a broad range of communication channels including social media and email – giving us the opportunity to reach our stakeholders more effectively and efficiently using the communications tools they use most often for accessing information. Read the full article in the December 2019 edition of Forest Safety News.