Canada Energy Regulator Amends Pipeline Regulations and
Introduces New Power Lines Regulations
On August 28, 2019, the Canadian Energy Regulator Act (CERA) came into force, repealing the National Energy Board Act (NEBA). Through the CERA, the National Energy Board became the Canada Energy Regulator.

The Regulator has made a number of housekeeping changes to existing regulations, including updating references of the "National Energy Board" to the "Canada Energy Regulator". In addition to these housekeeping amendments, substantive changes have been made to Section 6 of the Onshore Pipeline Regulations, and two new regulations have been enacted to address damage prevention for international and interprovincial power lines.

Federally regulated pipeline and power line owners and operators should be aware of these regulatory changes, and how the regulatory changes may impact them. Read the article by Marie Buchinski and Colm Boyle with Bennett Jones LLP. 

Collaboration on Methane Research Establishes
Two-year Research Plan
The BC Oil and Gas Methane Emissions Research Collaborative (MERC) has established a two-year plan to advance research on methane emissions from oil and gas activity. The joint initiative of industry, government, the regulator and non-profits supports BC's methane emission reduction targets.

MERC's 2019-2021 research plan will lead to recommendations on the design and implementation of key research deliverables necessary to meet methane reduction goals and to monitor the efficiency and effectiveness of BC's methane regulations.

The provincial and federal governments have goals for reducing methane emissions from upstream oil and gas operations. The Government of BC has a reduction goal of 45 per cent by 2025, relative to 2014 levels, while the Government of Canada has a reduction target of 40-45 per cent by 2025, relative to 2012 levels. Read the full news release issued by the BC Oil & Gas Commission. 

Relief for BC Hydro Customers
As referenced in the previous Reporter, On April 2, the Direction to the British Columbia Utilities Commission Respecting COVID-19 Relief, B.C. Reg. 76/2020, was introduced to implement BC Hydro's COVID-19 Relief Fund. The COVID-19 Relief Fund allows eligible residential customers who have experienced job loss to receive three months of free credit on their BC Hydro bill based on their average consumption. The fund also allows eligible small businesses that have been forced close due to COVID-19 to have their power bills waived from April to June 2020. In addition, major industries, such as pulp and paper mills and mines, have the opportunity to defer 50% of their bill payments for three months.

Sierra Club Loses Legal Fight against Environmental
Exemptions for BC Frack Dams
An environmental group has lost its legal challenge of regulatory exemptions given to a pair of dams in northern British Columbia. "It's bitterly disappointing and a worrying judgment," Alan Andrews, lawyer for the Sierra Club of B.C., said Wednesday [April 22]. Progress Energy built the dams to store water for its natural gas fracking operations in the northern part of the province. Court heard the company inadvertently built the dams too high, which brought into force environmental regulations the dams couldn't meet. The province granted the company an exemption from the rules. Read the Vancouver Sun article.

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

• INDB 2020-09 Pipeline Levy Payment Terms Adjusted
• IB 2020-04 Initial Commission Actions in Response to COVID-19

Visit the BCOGC website to view these and other bulletins.

COVID-19: BC Government Defers
Stumpage Fees for Forest Sector
The BC government says it will defer the forest sector's stumpage fees to help it navigate the COVID-19 pandemic financial crisis. Stumpage, the fee operators pay the province to harvest, buy or sell trees from Crown land, will be deferred for three months. Minister Doug Donaldson and Parliamentary Secretary Ravi Kahlon, with the Ministry of Forests, Lands, Natural Resource Operations and Rural Development, made the announcement Thursday [April 30]. Donaldson said the deferral may help some companies start up again sooner, or prevent some from shutting down during this time. The forest industry is considered an essential service and companies have been allowed to operate during the pandemic restrictions. Market conditions, including shaky consumer confidence and a decline in new housing starts are the main challenges in the forest sector, said Donaldson. Read the Vancouver Sun article. 

Tree Planting to Proceed Under 
Strict Guidelines – COVID 19
On April 23, 2020, the Provincial Health Officer released guidelines to reduce and mitigate the risks of COVID-19 for all tree planters in response to forestry and silviculture being defined as essential services.

All tree planters will be subject to strict screening procedures for COVID-19 symptoms before admission to field camps or community accommodations. Provincial regional staff will be reaching out to communities within the affected planting areas to discuss plans, protocols and procedures. Read the full UCBM article.  

Cross-Country Check-In: COVID-19 and the Environment
This Bulletin is current to May 1, 2020 and will be updated as events warrant. [update]
The COVID-19 pandemic has created an unprecedented global crisis impacting all aspects of life in Canada. All levels of government have issued urgent orders and directions designed to protect public health including mandatory shutdowns of certain sectors. While Canada has a complex environmental regulatory regime at both the federal and provincial levels, some governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of the current crisis in order to lessen the burden on businesses and encourage the manufacture of products to assist in combatting the virus and its consequences.

British Columbia's environmental regulatory response to COVID-19 includes restrictions on open burning as well as changes to the Environmental Appeal Board's operations. The Ministry of Environment and Climate Change Strategy ("MECCS") has also directed environmental authorization holders to contact the MECCS in the event of any COVID-19 related compliance issues. Read the Environmental Law Bulletin published by Ralph Cuervo-Lorens, Talia Gordner, Candice Hévin, Julia Loney and Holly Sherlock with McMillan LLP. 

Bridge Design, Construction, Safety Significantly Improved
An investigation of 269 bridges and 59 wood-box culverts constructed throughout the province in the last three years has found significant improvement since a similar investigation was published in 2014, according to a new report. "We set out to see whether practices had improved as a result of our last report in 2014 and we are very pleased with the findings," said Kevin Kriese, board chair, Forest Practices Board. "We found much better results than last time and industry, the professional associations and government deserve recognition for their efforts." Read the full article published by the BCFPB. 

Environmental Appeal Board Decisions
There were two Environmental Appeal Board decisions in the month of April:

• GFL Environmental Inc. v. District Director, Environmental Management Act [Interim Relief Application #2 – Granted with Conditions]
• Delfresh Mushroom Farm Ltd. v. District Director, Environmental Management Act [Final Decision – Appeal Allowed in Part, Application for Costs – Denied]

Visit the Environmental Appeal Board website for more information.

Workers Can Refuse Unsafe Work to
Avoid Workplace Injury
Some workers in British Columbia may not realize that they have the right to refuse job tasks that would threaten their safety. Employers must provide safety training and personal protective gear to protect employees from conditions that could cause a workplace injury. If you feel unsafe at work, you must follow the appropriate steps when reporting hazardous conditions. The first step is to notify your employer or supervisor of the hazard. The employer must address the matter without punishing you for refusing to carry out orders. While investigating the complaint, the employer may not discipline you in any way. You may be assigned a different task without any wage losses. This will allow the employer to fix the problem. If the employer finds the complaint to be invalid, they must inform you, and you will then have the right to ask for another examination of the reported danger. Read the full article published in Workplace Injuries on Monday, April 20, 2020 – by Overhold Law. 

Female Workers Struggle with Ill-fitting PPE
During this current COVID-19 pandemic, PPE shortages have largely dominated the news cycle as governments race to equip their essential workers with the necessary protective equipment to fight the virus. However, less has been made of ill-fitting PPE – especially with regards to gender concerns. British trade union Prospect has recently released a study showing that many female workers continue to struggle with ill-fitting PPE. The union found that there were the most issues with regards to ill-fitting trousers and overalls. Read the full article in the Canadian Occupational Safety. 

Consultation on Proposed Amendments to the
Occupational Health and Safety Regulation
from WorksafeBC:
Our 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 prior to the proposed amendments going to public hearing. All stakeholder feedback is carefully considered and analyzed, and provided to WorkSafeBC's Board of Directors as part of their decision-making process. There are two proposed regulatory amendment packages under review:

• Part 7, Noise, Vibration, Radiation and Temperature, section 7.19(1)(b)(i) – exposure limits; and
• Parts 1, 5, 22 and 23, multiple sections – combustible liquids and flammable liquids.

To learn more about these proposed changes or to provide feedback, read the full article published on the WorkSafe BC website.