Carbon Pricing: What's the Matter?
The Supreme Court will have its work cut out for it in an area of constitutional law that has been rarely tested, as it prepares for the upcoming hearing on the national carbon pricing scheme. Heading into the big game, there's some disagreement about the score. Some say it's 2-1. Others say it's a more drawn-out 8-7. Whichever it is, it's heading to the Supreme Court. That's roughly the state of play after the Alberta Court of Appeal handed down its opinion on the federal carbon pricing scheme last month. In doing so, it defied most expectations. While two other appeals courts, in Ontario and Saskatchewan, had found Ottawa's carbon price to be constitutional, both had grappled with the applicability of the federal government's authority to legislate and regulate matters that could touch provincial jurisdiction. They also found, for a myriad of reasons, that limiting CO₂ emissions, in line with Canada's international obligations, fell under the "national concern branch" of its constitutional power to govern peace, order, and good government (POGG). Read the full article by Justin Ling and published in the CBA National. 

Water Sustainability Act – Proposed Amendments
On February 27, 2020, the government introduced the Miscellaneous Statutes Amendment Act (Bill 13). The Bill amends several laws including the Water Sustainability Act. The Water Sustainability Act governs the allocation and regulation of the diversion, use and storage of water from streams and groundwater in BC. According to the government, the amendments are intended to make administrative corrections and provide more authority for government to collect, use and disclose the personal information of water users to ensure authorization holders, applicants, emergency responders and the public have continued access to the information needed to manage water use in BC.

BC Approves Transfer of Canfor's Vavenby
Forest Tenure to Interfor
BC Forest Minister Doug Donaldson announced Friday [Feb 28] the provincial government has consented to the transfer of Canfor's Vavenby forest tenure to Interfor for $60 million. Canfor announced the agreement to sell the Vavenby tenure in June last year, along with the closure of its Vavenby sawmill. The tenure includes Tree Farm Licence (TFL) 18 and replaceable forest licence A18688, located in the Kamloops Timber Supply Area near Vavenby, BC. The two licences have a combined allowable annual cut of approximately 349,000 cubic metres per year. Read the full article by Maria Church published by Canadian Forest Industries. 

Canada's Carbon Tax Laws: Where Are We Now?
On June 21, 2018, Canada's Greenhouse Gas Pollution Pricing Act (the Act) came into effect. Part 1 of the Act imposes a surcharge on fuels such as gasoline, fuel oil, propane, kerosene and methanol. Distributors of the fuel pay the surcharge though the cost would likely be passed down to consumers. Part 2 of the Act applies to large industrial facilities that emit greenhouse gases (GHG). Facilities have a limit on the amount of GHG they can emit each year. If they go over that limit, they must pay through a credit system or an excess emissions charge or both. Government and media have affectionately referred to these fees as a carbon tax. But here's the kicker – Part 1 or Part 2 or both only apply to provinces that do not have a scheme that is acceptable to Canada. That is, the provinces can create their own carbon tax scheme but it must meet Canada's goals. If a province does not have an acceptable scheme (or no scheme) in place, then the federal Act kicks in as a backstop. Read the full article by Jessica Steingard and published on LawNow. 

•  Margaret McDonald; Ayreborn Audio Video; et al v. District Director [Consent Order – Appeal Dismissed]

• Peter Forino v. Deputy Director, Wildlife and Habitat Branch [Final Decision – Appeal Dismissed]