British Columbia Introduces CleanBC Industrial Electrification
Rates and the Facilities Electrification Fund
On January 28, 2021, the Government of British Columbia announced that BC Hydro will offer discounted electricity rates to innovative industrial customers seeking to use clean electricity in qualified "green" operations, as well as industrial customers who convert their operations to be powered by electricity instead of fossil fuels. In addition to rate discounts, British Columbia will also provide financing to encourage electrification projects through a new $84.4-million CleanBC Facilities Electrification Fund.  Read the full article by Sharon Singh, David Bursey, Duncan McPherson, Vivek Warrier and Kenryo Mizutani with Bennett Jones LLP.

Commission Advances Orphan Site Restoration
The BC Oil and Gas Commission (Commission) has decommissioned over half of British Columbia's 770 orphan well sites. It's a key step on the path to full restoration of orphan sites, which requires multiple stages. In addition to the planned $30 million collected from levies on oil and gas operators to restore orphan sites, BC received $15 million from the federal government's COVID-19 stimulus package in April 2020 to address orphan site restoration. All orphan work is required to be performed by qualified service providers that are registered in BC. The Commission is supporting the communities where the majority of energy development occurs by using service providers based in northeast BC. Read the BCOGC news release.

A Pipeline Runs through It: Coastal GasLink Is Crossing
Hundreds of Waterways in Northern BC
Environmental violations on waterways flagged during pipeline construction
A major BC pipeline will cross about 625 streams, creeks, rivers and lakes, many of them fish bearing, during construction of one of the largest private sector projects in Canadian history, according to the company building it. The $6.6-billion pipeline is designed to carry natural gas, obtained by hydraulic fracturing – also known as fracking – in northeastern BC, to a $40-billion LNG terminal on the province's North Coast for export to Asia. Read the CBC article.

Canadian Energy Oil and Gas: Top 20 of 2020 –
Legislative developments
Without question, the top story over the last year has been the COVID-19 pandemic and its tremendous ongoing effects felt across Canada and the world.This time has had a significant impact on Canada's energy industry and many of the changes and developments that took place in 2020 will continue to influence trends, business decisions and the future growth of Canada's energy industry in 2021. As we look back at 2020, we have highlighted the Top 20 industry developments and decisions made throughout the year in four key areas: Judicial decisions, regulatory decisions, legislative and policy developments, and transactions and trends. In this article, we analyze the top five legislative and policy developments of the last year and how these decisions may affect your business in 2021. Read the full article by Alan Ross, Jonathan Cocker, Chidinma B. Thompson, Rick Williams, Bradon Willms, Steven Lumbala, Heidi Rolfe of Borden Ladner Gervais LLP.

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

• INDB 2021-03 – Changes to the EMA and CSR
• INDB 2021-04 – Commission Recommends Operators Review Site and Systems Security Practices
• INDB 2021-05 – Adoption of Local Magnitude Determination
• INDB 2021-06 – Commission Staff Receive New Habitat Officer Designation
• INDB 2021-07 – Updates to the Application Management System
• INDB 2021-08 – Release of New Light Control Best Practices Guideline
• INDB 2021-09 – Regulation Changes – Consultation and Notification Regulation; Service Regulation; Fee, Levy and Security Regulation
• INDB 2021-10 – A new Oil and Gas Processing Facility Regulation (OGPFR) has been approved

Gas Utility Act

Take Note – Changes Coming to
BC's Site Profile System
Back in January 2020, we posted about the proposed changes to BC's site profile system to address the perceived gaps and weaknesses in the current site identification process. Well the time has come – those changes are about to become reality. The amendments to the Environmental Management Act ("EMR") and the Contaminated Sites Regulation ("CSR") come into effect on February 1, 2021.

What is Site Identification?
Site identification is the process that brings sites to the attention of the Ministry of Environment ("MOE") to ensure investigation and remediation of contaminated sites occurs before any redevelopment. The goal is to ensure both human health and the environment are being protected when sites are being redeveloped. This process applies to sites where specific industrial or commercial activities have occurred.

Read the full article by Richard Bereti and Nicola Virk with Harper Grey LLP.

More Forest Industry Acquisitions
Expected in 2021
Record high lumber prices have left North American forestry companies flush with cash, setting the stage for more forestry M&A activity in 2021. Read the BIV article by Nelson Bennett.

Proposed Changes to BC's Soil Relocation Regulations –
New Testing and Notification Obligations
The Government of British Columbia is in the process of overhauling the legal regime regulating soil relocation in the province, with the stated objective of improving the soil relocation process, enhancing waste soil management, and limiting the amount of soil that ends up in landfills. These proposed changes, which we are told will come before cabinet for approval by the end of 2021, are likely to impact the construction industry, property developers, environmental consultants, operators of soil management sites, and those who intend to remediate their properties.

The overhaul of the soil relocation regime will be accomplished through two sets of amendments. The first set of amendments modify the soil relocation provisions of the Environmental Management Act ("EMA"). These were passed in March 2020 but are not in effect yet. Read the full article by Lana Finney and Ryan McNamara with DLA Piper.

Alaska-BC Mine Rivers Generally Healthy:
State-Province Joint Report
A four-year study of Alaska-BC rivers associated with mining activity – spurred by U.S. and Canadian complaints about environmental threats – has concluded there aren't risks to marine habitat. Read the BIV article by Jeremy Hainsworth.

Environmental Appeal Board Decisions
There were three Environmental Appeal Board decision in the month of February:

• Stanley and Wendy Nichol v. Assistant Water Manager [Stay Application – Granted]
• Comptroller of Water Rights, Water Sustainability Act v. Harrison Hydro Project Inc., Fire Creek Project Limited Partnership, Lamont Creek Project Limited Partnership, Stokke Creek Project Limited Partnership, Tipella Creek Project Limited Partnership, and Upper Stave Project Limited Partnership [Judicial Review –Decision Confirmed]

Environmental Management Act

• Richardson International Limited v. District Director, Environmental Management Act [Preliminary Decision on Hearing Procedure – Granted]

Visit the Environmental Appeal Board website for more information.

WorkSafeBC Launches New Workplace Health and
Safety Awareness Campaign amid Pandemic
WorkSafeBC is launching a province-wide, multi-language campaign focused on several specific actions workers and employers need to take to keep workplaces safe from COVID-19. "Our campaign is urging employers to revisit and update their COVID-19 safety plan as conditions change, and make sure it addresses risks in all areas of the workplace, including lunch rooms, hallways and meeting areas," said Al Johnson, head of prevention services for WorkSafeBC. "For workers, our campaign is emphasizing the importance of understanding and abiding by their employer's safety plan. This includes asking questions and sharing safety concerns with their employer, completing a daily health check with their employer before entering the workplace, and staying home when feeling sick." Read the full article by Jim Wilson, published on Canadian Occupational Safety.

WorkSafe BC Updates Guidelines – (February 11)
– from WorkSafeBC:
A number of Occupational Health and Safety regulation guidelines were updated in February. These include:

Guidelines – Occupational Health and Safety Regulation

• Part 8 Personal Protective Clothing and Equipment
• G8.33(2)-1 Approved respirators (revised)
• Part 12 Tools, Machinery and Equipment
• G12.20 Reach distance to overhead power transmission parts (revised)
• G12.28(3) Emergency stopping devices (revised)
• G12.29 Power presses, brake presses, and shears (revised)
• G12.56 (and 4.3(1)&(2)) Powder actuated tools – Use and service in accordance with manufacturer's instruction (retired)
• G12.120 Reverse gas flow and flashback prevention (revised)
• Part 20 Construction, Excavation and Demolition
• G20.123 Alternate acceptable standard (new)

• Regulated and Unregulated Health Professionals SARS-CoV-2 Immunization Order – February 23, 2021 (PDF, 401KB)
• Emergency Medical Assistants SARS-CoV-2 Immunization Order – February 23, 2021 (PDF, 295KB)
• Gatherings and Events – February 10, 2021 (PDF, 450KB)