Perfection not Required as Part of Consultation,
Court says in Trans Mountain Ruling
Yet another chapter in the saga of the controversial Trans Mountain pipeline project has concluded after the Federal Court of Appeal ruled the Trudeau government's consultation process fulfilled its obligations to a number of First Nations who had raised concerns about the project's effect on their traditional territories. The Federal Court of Appeal originally quashed the federal government's approval of the project in August 2018, saying the consultation was a "failure" and ordering further consultation to be done (Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153). But the Feb. 4 decision, jointly authored by Chief Justice Marc Noël and Justices J.D. Denis Pelletier and John Laskin, said there was no basis to interfere with the federal government's June 2019 decision to reapprove Trans Mountain, which occurred after a period of consultation led by former Supreme Court Justice Frank Iacobucci (Coldwater Indian Band v. Canada (Attorney General), 2020 FCA 34).

"This was anything but a rubber-stamping exercise. The end result was not a ratification of the earlier approval, but an approval with amended conditions flowing directly from the renewed consultation," the court wrote. "It is true that the applicants are of the view that their concerns have not been fully met, but to insist on that happening is to impose a standard of perfection, a standard not required by law." Read the full article by Ian Burns, published in The Lawyers Daily. 

Canadian Power – Key Developments in 2019, Trends to
Watch for in 2020: British Columbia – Overview
Introduction
2019 proved to be another year of transition for BC's power sector. Following the completion of Phase 1 of its comprehensive review of BC Hydro early in the year, the provincial government embarked on its second stage, which will involve a deeper assessment of the province's energy policy and markets, utility models, and emerging technologies. At the same time, BC Hydro's historical power purchases from independent power producers ("IPPs") were the subject of a highly critical government-commissioned report, which further reinforced the continuing moratorium on power procurement opportunities in the province. Meanwhile, development activities for the province's two largest energy projects continued, with construction beginning in earnest for LNG Canada's liquid natural gas project in Kitimat following its final investment decision in October 2018 and key construction milestones being achieved for BC Hydro's 1,100 MW Site C Project as both projects target a 2024 in-service date. In the face of these developments, the provincial government continued to pursue its CleanBC climate strategy, aimed at further electrifying the province's large industrial operations and accelerating the adoption of zero-emission vehicles. Finally, the BC government enacted historic legislation committing it to align provincial laws with the United Nations Declaration on the Rights of Indigenous Peoples and, further to the achievement of this goal, substantially updated its environmental assessment processes to incorporate Indigenous considerations at all stages. Read the full article by Michael Alty, Stephanie Axmann, Maureen Gillis, Ainslie Hurd, Selina Lee-Andersen, Sven O. Milelli, Robin Sirett and Morgan Troke with McCarthy Tétrault LLP.

BC's UNDRIP Law a Big Step, but Not
Necessarily a Big Change for Mining
The work BC's mineral-exploration sector has been doing to respect court-determined Indigenous rights goes a long way to honouring the spirit of the United Nations Declaration on the Rights of Indigenous Peoples. BC's new law on living up to the UN Declaration on the Rights of Indigenous Peoples is a big development, but it shouldn't change much about how mining exploration happens in the province. The legislation writes into law the requirement that government seek informed, prior consent of First Nations on resource development, but "I bet you recognize in industry, you've been doing this for a long time," a senior civil servant, Doug Caul, told the Association for Mineral Exploration Roundup conference in Vancouver. Read the article.

BCOGC Bulletins January
The BCOGC has issued the following bulletins in the month of January:

• INDB 2020-05 Updates to the Application Management System
• INDB 2020-04 Industry Review Period for Updated LMR Liability Model
• INDB 2020-03 Changes In Requirements for Pipeline Notice of Intent (NOI) Submissions
• IB 2020-01 Methane Emissions Request for Investigation Application Form
• INDB 2020-02 Commission Clarifies Use of Ecologically Suitable Species
• INDB 2020-01 Spatial Data Reconciliation Enhancements

Visit the BCOGC website to view these and other bulletins. 

BCFSC to Launch New Website in 2020
To support our on-going efforts to improve communication and be recognized as anindustry leader for value-added health and safety and training resources, we willbe launching a new website in 2020. The new website will have an updated look thatwill be easier to navigate with simplified, filtered search options for easier accessto resources and improved navigation tools for a better user experience. Wewill also be enhancing communication with targeted messaging and digitalinitiatives using BCFSC's new Customer Relationship Management (CRM) system. Read the full article in the December 2019 issue of Forest Safety News.

Does My Project Need an Environmental Assessment?
The New Reviewable Projects Regulation in BC
On December 16, 2019, several regulations came into force under BC's new Environmental Assessment Act (the "New BCEAA"). The most notable of these is the new Reviewable Projects Regulation (the "New RPR"), which sets out the types of projects that are automatically reviewable (i.e. subject to the New BCEAA) if they meet certain criteria. The New RPR introduces some significant changes for those who wish to start new projects or modify existing projects. Read the full article by Jennifer S. Nyland, Cole Rodocker with Lawson Lundell LLP.

• GFL Environmental Inc. v. District Director, Environmental Management Act [Interim Relief Application – Granted]
• Michael Dumancic; Nathalie McGee; Meaghan Lyall; Margaret & Foster Richardson; Wendy Betts; David Frame; Carol Ann La Croix; Joss Rowlands; Shelley Lee; Barry Mah; Trish Steinwand; Harry Dhaliwal; Joan Hislop; Douglas Burgham; Jennifer Burgham; Douglas McDougall; Michael W. Betts v. District Director, Environmental Management Act [Interim Relief Application – Denied]

• Richard Alan Snyder v. Deputy Regional Manager, Skeena Region [Final Decision – Appeal Allowed]

• the Fishing Industry Regulations;
• the Occupational Disease Recognition Regulation;
• the Reports of Injuries Regulations; and
• the Review of Old Permanent Disability Awards Regulation.