COVID-19 Workplace Safety Plan Requirement and Guidance
The May 14, 2020 Order of the Provincial Health Officer requires all workplaces to have COVID-19 Safety Plans in place. Subsequently, on May 19, the Ministry of Energy, Mines and Petroleum Resources (EMPR) released guidance with the expectation that COVID-19 Safety Plans on mine sites (including permitted exploration sites) be in place no later than the end of day on May 31, or prior to the commencement of work. EMPR will not be reviewing or approving the plans of individual mines, but this plan must be posted prominently. Read the full update on the Association for Mineral Exploration British Columbia.

The BC Oil and Gas Commission (Commission) is Simplifying the Process for
Submitting Emergency Response Plans (ERP) and Plan Updates
Effective date: May 25, 2020
The BC Oil and Gas Commission (Commission) is simplifying the process for submitting Emergency Response Plans (ERP) and plan updates. Effective 8:00 a.m. on May 25, 2020, all documents currently submitted using the FTP process must be submitted via the eSubmission online portal. This change simplifies the submissions process for industry, eliminating the need to request special access to the FTP portal. Permit holders will be able to administer access within their own organization. Users submitting plans in eSubmission will require the "Notices" security role. Users who do not have this role will need to contact their company administrator to have this role assigned in KERMIT. Refer to the eSubmission Reference Guide for more information about creating accounts and obtaining security roles, and the Company Administration. Read the full news release published by BCOGC. 

Private Power Producer Disputes BC Hydro's
Cancellation of $20 million in Purchases
BC Hydro has cancelled $20 million worth of electricity purchases from six private power facilities, the company that operates them said, and it is disputing the utility's reasons for refusing delivery of the power. Longueuil, Que.-headquartered Innergex Renewable Energy Inc. said last week that it had received notice that Hydro would refuse delivery of electricity from the six run-of-river generating stations between May 22 and July 20. "B.C. Hydro cites the current COVID-19 pandemic and related governmental measures taken in response to it as constituting a ‘force majeure' event," meaning an event beyond its control that prevents Hydro from fulfilling its contract, Innergex said in a news release. Innergex will comply, the company said, "but will do so under protest and will seek to enforce its rights" under its contract with Hydro. Read the Vancouver Sun article. 

BC Swamped with Funding Applications to
Restore Oil and Gas Wells: Minister
More than 1,100 applications deluged a BC program creating a funding plan to restore dormant and inactive oil and gas wells within hours of the program's launch. Energy Minister Bruce Ralston says Monday's [May 25] requests equal up to $152 million in reclamation work and if completed would potentially support up to 1,200 jobs and reclaim over 2,400 inactive wells. The federal government announced in April that BC would receive $120 million to clean up inactive oil and gas sites, most of them in the northeastern corner of the province. Read the Vancouver Sun article. 

Recent BCOGC Bulletins
The BCOGC has recently issued the following bulletins:

• INDB 2020-13 Natural Gas Levy Rage Change
• INDB 2020-12 2020 Updates to Area-Based Analysis
• INDB 2020-10 Emergency Response Plan (ERP) Submission Changes
• INDB 2020-11 Well Testing Opportunity for New Data

NAFTA Panel Sides with U.S. Lumber 
Decision, BC Hopes for Final Win
A NAFTA panel has backed the U.S. International Trade Commission's decision regarding softwood lumber imports from Canada but British Columbia's industry group still hopes for an ultimate victory. The U.S. Lumber Coalition says the decision affirms the USITC determination from December 2017 that the imports "materially injured" American producers and workers. It says in a news release that the harm is caused by the Canadian government providing its lumber industry "massive subsidies" and dumping those products into the U.S. market. The BC Lumber Trade Council says it is disappointed by Friday's [May 22] decision, saying it remains convinced that the determination that the U.S. industry is injured by Canadian lumber imports is "flawed and without merit." Read the full article by the Canadian Press and published on BNN Bloomberg. 

British Columbia Announces Funding to
Clean Up Orphan and Inactive Wells
On May 13, 2020, British Columbia announced how it will administer the $120 million in federal funds earmarked to clean up orphaned and inactive oil and gas wells under COVID-19 Economic Response Plan for the Canada's Energy Sector. British Columbia is the second province to roll out its programming in relation to these federal funds. Alberta was the first jurisdiction to announce its Site Rehabilitation Program and continues to make adjustments as the program is implemented. Saskatchewan has not yet announced how it will administer the $400 million allocated to the Government of Saskatchewan to support work to clean up orphan and inactive oil and gas wells across the province. In its news release, British Columbia states that it intends to invest this funding across three new programs. Read the full article by Brad Gilmour, Keely Cameron and Stephanie Ridge with Bennett Jones LLP.

Integrated Forestry Project (IFP) / Forestry, Revitalization and
Modernization (FRAM) Prepares for Initial Testing
An ongoing project for the forest industry is getting ready to be put to the test this summer. The Integrated Forestry Project (IFP) or also known as the Forestry, Revitalization and Modernization (FRAM) project, has grown over time to include several systems, including the cutting permits (CP) application system, a new resource road system (RRS), a new version of forest tenure administration (FTA 5.0), and a new Forestry Status and Clearance system (SNCSC). IFP/FRAM requires thorough vetting, as this application will affect 55 other applications, making its efficiency crucial. This new integration will help forestry offices ensure data accuracy, save time and money, and will be accessible from various online resources. IFP/FRAM is preparing for initial testing this summer which will be conducted with the help of numerous groups directly affected by this new platform. These groups will be testing how IFP/FRAM influences their daily workload, and how cohesively it runs with other applications. The anticipated launch date will be sometime this coming winter and is subject to funding. IFP/FRAM was first started in 2011, before IIT and the NRPP joined forces and was initially created as a by–product of the resource roads system (RRS). Read the full article published by ABCFP. 

Super-Priority for Environmental Obligations in Insolvency Law
In the recent decision of British Columbia Attorney General v Quinsam Coal Corporation, 2020 BCSC 640 (Quinsam), the British Columbia Supreme Court (the Court) considered the priority between a debtor's environmental liabilities and a secured creditor. In its analysis, the Court extensively discussed the Supreme Court of Canada's decision in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 (Redwater). In reference to Redwater, the Court posed the following question:

Did the Supreme Court of Canada intend to extend the "polluter pays" principles to effectively create a super priority for the costs and environmental liabilities associated with the closure or abandonment of oil wells, mines and other resource extraction projects?

Unfortunately, since the assets in dispute did not actually constitute the debtor's property, it wasn't necessary for the Court to answer that specific question. However, the fact such a question was posed serves as a reminder that Redwater may have done just that. Read the full article by Lisa Hiebert and Jessica Cameron of Borden Ladner Gervais LLP.

Environmental Appeal Board Decisions
There were three Environmental Appeal Board decisions in the month of May:

• Canadian National Railway Company; Canadian Pacific Railway Company; BNSF Railway Company v. Delegate of the Director, Environmental Management Act [Final Decision – Orders Reversed; Appeals Allowed]

• Gary Ware v. Assistant Water Manager [Final Decision – Appeal Dismissed; Order Confirmed]
• Vincent Smoluk v. Assistant Water Manager [Final Decision – Appeal Dismissed; Order Confirmed]

Visit the Environmental Appeal Board website for more information.

BC Covid-19 Temporary Pandemic Pay
The BC Government recently announced a program that will provide extra pay for eligible employees working in social services and corrections delivering in-person, front-line care during the COVID-19 pandemic. The intent is to compensate those who deliver a range of health and services in an environment where it is difficult to maintain social distancing. Eligible workers will get an extra $4 an hour for a 16-week period, starting March 15th . No application is necessary and payment will be made as a lump sum through the employer. The province estimated about 250,000 people will be eligible. For more information on this program, and to determine who is eligible visit the BC Government COVID-19 response page. 

New WorkSafe BC COVID-19
Safety Plan Requirements
As the Province of British Columbia prepares to re-open certain businesses, WorkSafe BC has outlined that employers resuming operations must develop a "COVID-19 Safety Plan" and have established a new guide to assist employers. WorkSafe BC has outlined that a COVID-19 Safety Plan should consider the following:

1. Assessment of the risk at the workplace in order to identify the risk of transmission. This includes looking at where people congregate and what equipment and surfaces employees and others may come into contact with.

Workplace Injury and Health Challenges
Long Haul Drivers Face
On behalf of Overholt Law posted in employment law on Tuesday, June 2, 2020.
Big rig drivers face health and safety hazards each day. Commercial vehicle operators in British Columbia haul their loads across the country, and risk workplace injury and illness. For many truckers, their vehicles are also their homes, where they work, sleep and eat. A significant percentage of long haul truck operators develop health problems over the years due to exposure to various hazards. Long haul truckers spend most of their time sitting, with limited movement. The lack of physical activity, long hours and irregular schedules often lead to health problems. Unreasonable deadlines force many drivers to continue working despite being fatigued. Many truckers develop chronic diseases, such as diabetes, heart disease, obesity and hypertension. The nature of their work limits their food options and access to nutritious meals, leaving them eating unhealthy meals, which also contributes to their poor health. Read the full article published by Overholt Law.

Adding Diseases Caused by Communicable Viral Pathogens, Including
COVID-19, to Schedule 1 of the Workers Compensation Act
The Policy, Regulation and Research Division [of WorkSafe BC] is releasing a discussion paper on adding diseases caused by communicable viral pathogens, including COVID-19, to Schedule 1 of the Workers Compensation Act with options and draft amendments to stakeholders for comment. If a disease is identified in Schedule 1 and the worker was employed in the corresponding process or industry listed in the Schedule, then WorkSafeBC presumes the cause of the disease is work-related, unless the contrary is proved. Read the full article published by WorkSafe BC. 

OHS Regulation Guidelines Amendments (Respirators)
WorkSafeBC recently amended two of its guidelines regarding respirators:

• Part 8 Personal Protective Equipment
• G8.33(2)-1 Approved respirators (revised)
• G8.40(2.1)(c) Single-use respirators and fit test equivalency (revised)

New and revised guidelines are posted for a 60-day preliminary period, during which time the stakeholder community may comment and request revisions. Please view the WorkSafeBC site to view this and other important updates.