Pipeline Regulation Amendments
The BC Oil and Gas Commission (Commission) has amended the Pipeline Regulation, effective March 9, 2020. Below are some of the changes to be aware of. Permit holders must provide post-construction plot plans to the Commission within 60 days of completing construction. These plans must show the location of the pipeline and all associated oil and gas activities. Within 90 days after construction is completed, record drawings, and pipe and component specifications must be provided. The amendment strengthens the safety aspects of a pipeline:

• Once pipeline construction is complete, the permit holder must ensure the right-of-way is kept clear of garbage, debris, and derelict equipment.
• An integrity management program, formerly required only for the operating phase of a pipeline, is now required for the entire life cycle of the pipeline.
• Prior to operating, a permit holder must have a damage prevention program in place for anticipating and preventing damage to the pipeline.
• The CSA Z662 Annex A Safety and Loss Management System is mandatory.

Read the full BCOGC Bulletin issued March 18, 2020. 

Guidance to Mining and Smelting Operations during COVID‐19
Updated on March 30, 2020
As challenges caused by novel coronavirus (COVID-19) continue to shift, the BC government and Dr. Bonnie Henry, BC's provincial health officer (PHO), are taking unprecedented measures to slow transmission.

On March 16, 2020, Henry issued an order under the Public Health Act prohibiting gatherings of more than 50 people.

On March 18, 2020, the chief inspector of mines (CIM) communicated to all major mines, sand and gravel, and placer operations in BC with respect to the COVID-19 pandemic. Further to the guidance provided by the CIM that all mines must follow the public health order, the PHO is directing all mines and smelters to take additional precautions to minimize the risks of COVID-19 transmission and illness to their employees. While mine sites are not considered to be gatherings of more than 50 people, the PHO has provided the following directions for day-to-day production and site operations: Read the full government news release.

Fuel Price Transparency Act Now in Force
Effective March 9, 2020 the Fuel Price Transparency Act was brought into force by B.C. Reg. 52/2020 to ensure transparency by oil and gas companies with regard to volumes and pricing. It follows a British Columbia Utilities Commission (BCUC) report that discovered a lack of competition among fuel producers and unaccounted-for increases in pricing. The Fuel Price Transparency Regulation was also created to empower the utilities commission for this purpose.

Mining Association of BC Issues Statement on BC Hydro
Rate Deferral for Industrial Customers
Michael Goehring, President & CEO of the Mining Association of British Columbia, issued the following statement today in response to the Government of British Columbia's announcement that major BC industries, including the mining sector, will have the opportunity to defer 50% of their BC Hydro bill payments for three months: "MABC commends the Government of BC and BC Hydro for the hydro deferral program announced today as part of government's response to COVID-19.

The hydro deferral and other measures in the Province's COVID-19 Action Plan will improve liquidity and cash flow and help keep the mining sector operating and British Columbians working during this unprecedented health and economic crisis. Mining is energy intensive and electricity is one of the industry's largest costs. Read the full article on the MABC website. 

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

• INDB 2020-08 Submission of DFITs and Updates to TRG Submissions
• IB 2020-03 BC Oil and Gas Commission Offices Closed
• INDB 2020-07 Pipeline Regulation Amendments
• IB 2020-02 BC Oil and Gas Commission Offices
• INDB 2020-06 Updates to the Application Management System

Visit the BCOGC website to view these and other bulletins.

COVID-19 and Your Environmental Obligations
In this period of uncertainty, it is not always easy to set business priorities. While certain businesses are closing or shutting down their operations, voluntarily or under compulsion, environmental obligations are ongoing. Whether your compliance obligations originate from governmental statutes and regulations, or from internal standards or agreements, it is important to identify these obligations as soon as possible in order to manage the impact of the pandemic on your business.

Multiple provinces in Canada have ordered the closure of all non-essential workplaces in order to fight the spread of COVID-19, but the list of workplaces considered essential varies by province or territory. Certain tribunals and government offices may operate with reduced capacity and in-person hearings may be postponed entirely.

In this tumultuous time when new emergency measures are enacted daily, this bulletin provides a starting point for the steps to consider in order to protect your business from consequences of non-compliance, including regulatory penalties.

While the initiative by the United States Environmental Protection Agency to suspend enforcement of some obligations in many industries has gained attention, Canadian businesses should assume monitoring, reporting and emissions control conditions remain enforceable. Requesting that regulators exercise discretion on a case-by-case basis is an option for facilities that anticipate they may be unable to comply with conditions of their approvals; however, relief from obligations cannot be presumed. Read the full article by Julie Belley Perron, F.F. (Rick) Coburn, Gabrielle K. Kramer, Julie-Anne Pariseau and Barbora Grochalova with Borden Ladner Gervais LLP. 

A Revitalized Forest Sector with First Nations as Full Partners [Opinion]
from BC Forest Professional (Spring Edition)
The Interior forest sector is undergoing a transition because of the impacts on mid-term timber supply caused by the mountain pine beetle epidemic (MPB) and two severe wildfire seasons. Although devastating for many communities, this provides an opportunity to revisit forest management and look for ways to manage forests differently. Meaningful inclusion of First Nations in this process has the power to facilitate a climate for investment based on sustainable resource development. With a deep connection to the land and a knowledge that goes back generations, Indigenous peoples need to be key players in the transformation of the forest sector in BC.

In the spring of 2019, the BC First Nations Forestry Council (the "Forestry Council") co-hosted a series of workshops alongside the Ministry of Forests, Lands, Natural Resource Operations and Rural Development with Interior First Nations' communities. Discussions helped identify key changes to forest policies and legislation needed to advance reconciliation and implement the United Nations Declaration on the Rights of Indigenous Peoples (the "UN Declaration") to develop a stronger, more inclusive forest sector. Read the full article by Charlene Higgins, MSc, PhD published in the BC Forest Professional. 

Revised Workers Compensation Act – Now in Force
Effective April 6, the newly revised Workers Compensation Act came into force. According to the government, the revision is intended to make the Act easier to read and understand. For example, the pre-revised version of the Act has four parts with multiple divisions, sections, and subsections. To improve clarity, the proposed changes would rearrange the Act into eight parts. Complex provisions would be split up into individual components, creating more sections and subsections. In some sections, the government has proposed minor wording revisions expected to modernize the language and help with clarity. A concordance has been published to help navigate between sections of the old and newly revised version of the Act.

New Interim Guidelines for Industrial Camps
On March 30, the BC Centre for Disease Control issued new interim guidelines intended to highlight key communicable disease preparedness and response measures that can be taken by industrial camps in relation to COVID-19. It is independent of and does not negate WorkSafe BC or Industrial Camps Regulation requirements. This guidance is also based upon current knowledge and it should be understood that guidance is subject to change as new data become available and new developments arise with this new virus; furthermore, unique situations may require some discretion in adjusting these guidelines which are meant to be supportive, not prescriptive. 

WorkSafe BC Provides Guidance to
Employers During the Pandemic
WorkSafe BC has published guidelines for employers on preventing exposure to Covid-19 in the workplace. The guidelines emphasize that the Orders from the Provincial Health Officer and the BC Centre of Disease Control are the minimum standards that must be met by all employers to comply with their duty to provide a safe work environment. The guidelines urge employers to consider two key questions:

1. How are you telling workers about exposure to Covid-19 in the workplace?
2. Do you have a system in place where workers can tell you about concerns related to being exposed to Covid-19 in the workplace? This involves determining whether there are any specific tasks that concern them because of risk of being exposed to Covid-19.

The Guidelines deal with three specific areas:

1. identifying exposure hazards and developing measures to counter exposure;
2. controlling the number of people on site; and
3. prohibiting workers who are sick and those returning from outside Canada from attending work.

Read the full article by Rose Keith with Harper Grey LLP.

Looking for a Summary of Financial Supports for
Businesses and Individuals During COVID-19?
Nearly every day we are inundated with new provincial and federal initiatives that are intended to help provide health, safety and financial support to businesses and individuals impacted by COVID-19. It can be a challenge to navigate these initiatives and keep up-to-date with latest information. If you want to get a handle on what financial supports are in place for yourself or for your business, this page by MLA, North Vancouver-Lonsdale Bowinn Ma provides a summary of both provincial and federal COVID-19 financial supports in one convenient location.