Updated Tailings Code after Mount Polley an
Improvement: BC Mines Auditor
Columbia's chief auditor of mines has found changes to the province's requirements for tailings storage facilities made after the Mount Polley disaster have generally improved the management of mining waste. Many of the revisions made in 2016 to BC's health, safety and reclamation code on tailings management align the regulatory framework with the industry's best practices, "with a few exceptions," says the auditor's report released Friday [June 18]. The changes stemmed from recommendations by an independent engineering investigation into the 2014 failure of the tailings dam at the Mount Polley copper and gold mine in BC's Interior, which sent more than 20 million cubic metres of mining wastewater into the surrounding waterways. The audit focused on the clarity, enforceability and consistency of the code revisions with best practices, as well as on industry compliance and government enforcement, finding they have helped, but there is room for improvement. Read the Canadian Press article published on MSN.

BC Court of Appeal Provides Guidance on the Relevance of Climate Change 
Impacts in Administrative Decision Making [Mines Act]
In Highlands District Community Association v. British Columbia (Attorney General), the British Columbia Court of Appeal considered whether a mines inspector's decision to approve a proposed small-scale rock quarry under the Mines Act was unreasonable because he declined to consider climate change impacts. In upholding the inspector's decision, the court concluded that, while the statute permitted the inspector to consider climate change impacts, it did not require him to do so. Highlands illustrates that courts will generally review discretionary administrative decisions on a deferential standard – even where climate change impacts are concerned – and that the relevance of such impacts will depend on the particular factual and statutory context. Read the full article by Connor Bildfell with McCarthy Tétrault LLP.

International Energy Agency Roadmap Raises
Questions for BC Gas Industry
The path the IEA charts is an ambitious and aspirational course, but illustrates what it could take for governments to meet climate commitments. Thousands of workers continue construction on LNG Canada's $18 billion natural gas liquefaction plant at Kitimat on British Columbia‘s north coast, just as the International Energy Agency (IEA) has posed new questions about future markets for its product. The IEA, last week, published a landmark report outlining a potential pathway for the world's governments to achieve their commitments to reduce greenhouse-gas emissions to net zero levels by 2050. Read the Vancouver Sun article.

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

• INDB 2021-20 – New Vent Data Collection Template Released
• INDB 2021-21 – New Glycol Dehydrator Data Collection Template
• INDB 2021-22 –Reclamation Guidance fo rthe Use of Ecologically Suitable Species
• IB 2021-03 – Integrity Management Program Audits Show Improvement; Room for Growth

Visit the BCOGC website to view this and other bulletins.

"the Province will take the following actions in collaboration with Indigenous peoples from 2021 to 2026…

2.5 Negotiate new joint decision-making and consent agreements under section 7 of the [Declaration on the Rights of Indigenous Peoples Act ("DRIPA")] that include clear accountabilities, transparency and administrative fairness between the Province and Indigenous governing bodies. Seek all necessary legislative amendments to enable the implementation of any section 7 agreements. (Ministry of Indigenous Relations and Reconciliation)"

Read the full article by Robin M. Junger, Guy Pinsonnault and Timothy Cullen with McMillan LLP.

Huu-ay-aht First Nation Sets Road
Map for Forest Partnership
Understanding the land and the will of the people and establishing a strong relationship with the big players in the forest industry are key elements to establishing any First Nation as an equal player in the industry, according to the chief of a Vancouver Island First Nation that is already doing it. Robert Dennis, elected chief of the Huu-ay-aht First Nation, told the B.C. First Nations Forestry Conference that becoming a full partner in the industry and controlling the fate of its territory doesn't happen by accident. Read the Times Colonist article.

Environmental Management Act

•  Richardson International Limited v. District Director, Environmental Management Act [Consent Order – Appeal Dismissed]

• Mountainside Quarries Group Inc. v. Ministry of Energy, Mines, and Petroleum Resources [Consent Order – Resolved]

7 Signs of Sleep Deprivation at Work
Lack of sleep can have a devastating effect on worker health – and on an organization's bottom line. It is common knowledge that humans need on average seven to eight hours of sleep a night to properly function. Researchers at Hult International Business School have found however that most professionals only get around six hours and 28 minutes of sleep a night – which maybe doesn't seem so bad but ultimately builds up in the long-run. While short term sleep loss may be caught up, chronic issues with sleep are a huge problem – not just for worker health but job performance as well. The National Institute for Working Life estimated that sleep deprivation among workers costs businesses around USD$350 billion worldwide annually. Read the full article by Maia Foulis with Canadian Occupational Safety.

Consultation on Proposed Amendments to Part 3 of the
Occupational Health and Safety Regulation
– from WorkSafeBC
Our Policy, Regulation and Research Division is requesting feedback on proposed amendments to Part 3, Rights and Responsibilities, new section 3.12.1 — Reassignment of refused work, of the Occupational Health and Safety Regulation. The consultation phase provides stakeholders an opportunity to share feedback before the proposed amendments are taken to public hearing. View the proposed regulatory amendment and information on how to provide feedback. Read the official WorkSafeBC news release for more information including feedback deadlines and contact information.

New Public Health Orders
The Public Health Office (PHO) recently issued the following Orders & Guidelines:

Orders:

• Food and Liquor Serving Premises – June 30, 2021 (PDF, 338KB)
  • Read related Public Heath guidance
• Gatherings and Events – June 30, 2021 (PDF, 244KB)
  • Read related Public Heath guidance
• Agricultural Temporary Foreign Workers – June 20, 2021 (PDF, 286KB)
• Workplace and Post-Secondary Institution Safety – June 14, 2021 (PDF, 360KB)
• Coverage of Electoral Area J of the Cariboo Regional District – June 10, 2021 (PDF, 272KB)
• Overnight Camps for Children or Youth – June 7, 2021 (PDF, 310KB)

Notices:

• Notice of Repeal of the Workplace and Post-Secondary Institution Safety Order – June 29, 2021 (PDF, 215.8KB)
• Notice of Repeal of the Workplace Safety Plans Order – June 29, 2021 (PDF, 192.1KB)

Guidance:

• Guidance for Courthouse Users During the COVID-19 Pandemic & BC Restart Plan – June 30, 2021 (PDF, 401KB)
• Guidance for Episodic Markets – June 24, 2021 (PDF, 657KB)
• Guidance for Retail Food and Grocery Stores – June 24, 2021 (PDF, 657KB)
• Guidance for Food and Liquor Serving Premises – June 24, 2021 (PDF, 687KB)
• Guidance for Holding Low Risk Worship Services – June 15, 2021 (PDF, 427KB)
• Guidance for Holding Low Risk Stand-Alone Lifecycle Events – June 15, 2021 (PDF, 428KB)

Visit the PHO website to view these and other related orders and notices.

OHS Policies/Guidelines – Updates
WorkSafeBC recently issued the following OHS Updates:

OHS Guidelines — Occupational Health and Safety Regulation

The following guideline was issued:

• Part 8 Personal Protective Clothing and Equipment
  G8.13 Use of safety headgear with bicycles and skates (new)

The following guideline was retired:

• Part 8 Personal Protective Clothing and Equipment
  G8.21(2)-1 Leg protection - WorkSafeBC standards (new)

Editorial revisions were made to the following guidelines:

• Part 8 Personal Protective Clothing and Equipment
• G8.5(b) Special program option for pulp and paper industry
• G8.12-8.13 Use of safety headgear for workers on ATVs & similar eqpt in agricultural ops
• G8.26(3) Buoyancy equipment and fall protection
• G8.28 Working alone or in isolation with a hazard of drowning
• G8.38(2) Respiratory protection and use of contact lenses
• G8.42 Medical assessment

• Part 10 De-energization and Lockout
• G10.3 Worker entry into J-bar sorting systems in sawmills
• G10.4(1) Lockout of multiple control devices
• G10.10(2) Approval of control system isolating devices

• Part 11 Fall Protection
• G11.1 Definitions - Anchor and anchorage

• Part 13 Ladders, Scaffolds and Temporary Work Platforms
• G13.1 Types of work platforms
• G13.2(1)(b) Ladders in manholes
• G13.19 When and how to ground metal scaffold
• G13.25 Warning devices

• Part 19 Electrical Safety
• G19.28 Emergency work
• G19.35 Tree pruning and falling equipment

• Part 20 Construction, Excavation and Demolition
• G20.77 Mechanical equipment

• Part 24 Diving, Fishing and Other Marine Operations
• G24.13 Principal performers using underwater diving equipment
• G24.26 Breathing mediums
• G24.29 Gauges and meters
• G24.37 Restrictions on scuba

New and revised guidelines are posted for a 60-day preliminary period, during which time the stakeholder community may comment and request revisions.