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Vol: XIII –  Issue: VIII  –  August 2020

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CATEGORIES
ENERGY & MINES
FORESTRY & ENVIRONMENT
OCCUPATIONAL HEALTH & SAFETY

ENERGY AND MINES NEWS
Site C Still Scaling up Construction to Meet Important 
Milestone while Project Remains up in the Air 
Site C's $10.7 billion budget is under pressure due to geological issues that require additional shoring up of the dam's foundation. Tractor trucks are continuing their short nighttime trips from Fort St. John to B.C. Hydro's Site C project, delivering penstock sections for the dam powerhouse as contractors scramble to make up for lost time. Those deliveries are complicated and time-consuming journeys to navigate gigantic, 10-metre-diameter sections of steel tubes to the work site, and were on the list of tasks put on hold during a COVID-19 related slowdown of construction. Read the Vancouver Sun article

BC Delays Carbon Tax Increase to
Help with COVID-19 Recovery

The BC government is hitting pause on a scheduled increase in the carbon tax, as residents and businesses continue to struggle financially because of the COVID-19 pandemic. The province announced Wednesday [September 2] that it has officially pushed back the next jump in price to April 2021, a full year after the change was supposed to happen. Until then, the carbon tax rate will remain at $40 per tonne of carbon dioxide equivalent (tCO2e.) "This change will give businesses and families more time to recover from the COVID-19 pandemic, while still meeting the required federal carbon-pricing backstop rate of $50 per tCO2e by 2022," the finance ministry said in a press release. Read CBC article

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

  • INDB 2020-19 – New BC Production Data Now Available
  • IB 2020-06 – Geothermal Application Process Streamlined
  • IB 2020-07 – Reminder of Methane Leak Detection and Repair Requirements
  • INDB 2020-20 – Oil and Gas Road Regulation Amended
  • INDB 2020-21 – Fiscal 2020/2021 Orphan Site Restoration
  • IB 2020-08 – Dam Emergency Response Plan Composition and Submission
  • INDB 2020-22 – Process Change for Proposed Activities Located within Established s. 16/17 Land Act Dispositions
  • INDB 2020-23 – Updates to Hydraulic Fracture Data Submission
Visit the BCOGC website to view these and other bulletins.
ENERGY AND MINES
Act or Regulation Affected Effective Date Amendment Information
Flathead Watershed Area Conservation Act Aug. 14/20 by 2020 Bill 6, c. 15, section 22 only (in force by Royal Assent), Mines Amendment Act, 2020
Geothermal Operations Regulation (79/2017) Aug. 14/20 by Reg 214/2020
Mineral Tax Act Aug. 15/20 by 2020 Bill 4, c. 18, section 55 only (in force by Royal Assent), Budget Measures Implementation Act, 2020
Mines Act Aug. 14/20 by 2020 Bill 6, c. 15, sections 1 to 18 only (in force by Royal Assent), Mines Amendment Act, 2020
Oil and Gas Road Regulation (56/2013) Aug. 14/20 by Reg 216/2020
Workplace Hazardous Materials Information System Regulation (Mines) (257/88) Aug. 31/20 by Reg 209/2020
FORESTRY AND ENVIRONMENT NEWS

WTO says Trump's Punitive Duties on Canadian
Softwood Breached Blobal Trading Rules
A World Trade Organization panel has found the United States broke international trade rules with some of its tariffs on Canadian softwood lumber. But the ruling may never take effect because the U.S. is blocking the WTO's dispute resolution system. The panel decision Monday [August 24] is the latest flashpoint in President Donald Trump's protectionist battle against the international system of free trade. Hanging in the balance is a $22-billion industry that, according to federal government estimates, employs 200,000 people in Canada. The wood is mostly used to build new homes. "U.S. duties on Canadian softwood lumber are completely unwarranted and unfair. This decision confirms that," International Trade Minister Mary Ng said in a statement. The American tariff rate is currently set at 20.23 per cent. Read The Globe And Mail articleForest Practices Board Marks 25 Years, 
Issues Annual Report
The Forest Practices Board has released its 2019-20 annual report, which describes the board's work over the past year and highlights its accomplishments over the past 25 years. "This year marks the 25th anniversary of the Forest Practices Board," said Kevin Kriese, board chair. "I would like to acknowledge the five board chairs, 42 part-time board members and 126 employees and co-op students who have contributed to more than 600 reports and 500 recommendations for improving forest and range practices in British Columbia. Read the full article published by the BCFPB. 
FORESTRY AND ENVIRONMENT
Act or Regulation Affected Effective Date Amendment Information
Carbon Tax Act RETROACTIVE
to Apr. 1/20
by 2020 Bill 4, c. 18, sections 3 to 5 only (in force by Royal Assent), Budget Measures Implementation Act, 2020
Aug. 14/20 by 2020 Bill 4, c. 18, sections 1 and 2 only (in force by Royal Assent), Budget Measures Implementation Act, 2020
Environmental Management Act July 29/20 by 2020 Bill 6, c. 15, sections 20 and 21 only (in force by Royal Assent), Mines Amendment Act, 2020
Forest Act Aug. 14/20 by 2020 Bill 4, c. 18, section 9 only (in force by Royal Assent), Budget Measures Implementation Act, 2020
Hunting Regulation (190/84) Aug. 21/20 by Reg 220/2020
Limited Entry Hunting Regulation (134/93) Aug. 21/20 by Reg 220/2020
Logging Tax Act Aug. 14/20 by 2020 Bill 4, c. 18, section 54 only (in force by Royal Assent), Budget Measures Implementation Act, 2020
Motor Vehicle Prohibition Regulation (196/99) Aug. 21/20 by Reg 220/2020
Water Sustainability Act Aug. 14/20 by 2020 Bill 13, c. 14, sections 31 to 34 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2020
OCCUPATIONAL HEALTH  AND SAFETY NEWS
Amendments Made to the Workers Compensation Act Impact BC
The Workers Compensation Amendment Act, 2020 ("Bill 23") received Royal Assent on August 14, 2020, bringing its amendments to the Workers Compensation Act, RSBC 2019, c. 1 (the "Act") into force. Bill 23 made 34 changes to the Act. These changes address COVID-19, worker benefits entitlement, regulatory compliance and the collection of unpaid assessments. Effective immediately, Bill 23 fast-tracks WorkSafeBC's July 22, 2020 resolution of its Board of Directors providing a presumption of workplace causation of infections caused by communicable pathogens, including COVID-19, that are subject to:
  1. A notice given under section 52(2) of the Public Health Act;
  2. A state of emergency declared under section 9(1) of the Emergency Program Act;
  3. A state of local emergency declared under section 12(1) of the Emergency Program Act; or
  4. An emergency declared under section 173 of the Vancouver Charter.

For the presumption to be applicable, the worker must be working in a process or industry in the geographic area and time subject to the above where there is a risk of exposure to a source or sources of infection significantly greater than that to the public at large. Read the full article by Richard Savage with Fasken Martineau DuMoulin LLP. 

WorkSafe BC Discussion Paper: Consequential Policy Amendments to
Implement the Workers Compensation Amendment Act, 2020 (
Bill 23)
The Workers Compensation Amendment Act, 2020 (Bill 23) received Royal Assent on August 14, 2020, immediately bringing into effect 32 legislative changes to the Workers Compensation Act (Act). To implement these changes, WorkSafeBC must amend our policies to reflect the legislation. Two changes to the Act with respect to benefits will come into effect on January 1, 2021. Consultation on these changes will take place in the fourth quarter of 2020. This current consultation is on proposed changes to policy in the Prevention Manual, Rehabilitation Services & Claims Manual, Volume II, and Assessment Manual to ensure our policies are consistent with the amendments to the Act now in effect. For more information, including a link to the discussion paper, visit the WorkSafeBC website

New Residential Construction Safety
Guidelines in British Columbia
WorkSafeBC recently announced updates to safety protocols for residential construction work. It released a new publication - entitled Safe Work Practices for Residential Construction - as well as a Notice of Project (NOP) postcard. The aim of these measures is to improve health and safety standards and limit preventable workplace accidents in British Columbia. According to WorkSafeBC, wood-framed constructions pose significant hazards. Over 1,200 work-related injuries and deaths occurred on such projects over the past five years. Therefore, the new publication contains many safety guidelines specific to wood-framed construction. These include safety protocols related to:

  • Planning
  • Site preparation
  • Construction
  • Tool and equipment safety
  • Working at high elevation

Read the full article by Overholt Law. 

Workplace Safety is a Two-way Street and Can
Warrant Employee Discipline or Discharge
An employee purposely coughing on another would result in cause for termination — and could even lead to criminal charges. September marks the opening of most remaining workplaces as well as schools across this country. With greater social contact comes greater risk of COVID-19 transmission, and the concomitant increased need for employees to follow safety rules. I have been fielding calls from employer clients since the beginning of the pandemic, explaining their obligations to keep employees safe and their corresponding rights to refuse unsafe work. But too little attention has been paid to workers' obligation to keep themselves and their coworkers safe. Read the Financial Post article by Howard Levitt.

OHS Guidelines Revised
Guideline on maintenance and inspection of self-contained breathing apparatus revised to accept an alternative standard. Visit the WorksafeBC site for details. 
OCCUPATIONAL HEALTH AND SAFETY
Act or Regulation Affected Effective Date Amendment Information
Workers Compensation Act Aug. 14/20 by 2020 Bill 23, c. 20, sections 1 to 16 and 19 to 33 only (in force by Royal Assent), Workers Compensation Amendment Act, 2020
Aug. 20/20 by Reg 189/2020 and Reg 218/2020
Workplace Hazardous Materials Information System Regulation (Mines) (257/88) Aug. 31/20 by Reg 209/2020
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