Battery Powered: Specialty Metal Mining and the 
Future of Tech, Our Economy & the Environment
Gowling's Ian Mitchell explores battery metal mining and its impact on the world – and our future The push for a carbon-neutral economy has led to an intense search for green alternatives. One solution has been to develop and expand the application of batteries in everything from electric vehicles to power grids. The mining industry plays a critical role in battery production – batteries are produced using certain core metals that are found in deposits worldwide and the exploration and exploitation of these resources requires significant expertise and financial capability. We asked Gowling WLG's Canadian mining lead, Ian Mitchell, to explain to us the rise of battery metals, their impact on the environment and the economy, and what this means for Canadian mining companies now and going forward. What are battery metals and which devices are they used for? What is Canada's role in the global market and why is this industry seeing such explosive growth? What are the longer term economic and geopolitical impacts that this growth will have on the mining sector? The current push to reduce carbon dioxide emissions through the use of low carbon power sources (commonly known as "decarbonization") is seeing one of the world's oldest industries colliding with high tech companies and it is going to create change. Read the full article by R. Ian Mitchell with Gowling WLG, published on Lexpert.ca.

BC Reduces Regulatory Barriers and Facilitates  
Investment and M&A in Hydrogen Sector
On May 25th, 2021, British Columbia amended its Greenhouse Gas Reduction Regulation (made under BC's Clean Energy Act) to authorize regulated gas utilities to produce, purchase and distribute specified types of hydrogen (the "Amendments"). The Amendments represent one of many strategies that legislators and regulators have adopted to facilitate the introduction of cleaner forms of technology to the highly regulated energy sector. The reduction of existing regulatory hurdles, coupled with increased legislative prescriptions to reduce Greenhouse Gas ("GHG") emissions, are creating an environment that is conducive to investment and M&A in the hydrogen sector.

Background
In December 2020, the federal government published a policy document entitled A Healthy Environment and a Healthy Economy which provided aggressive targets for Canada to reduce its greenhouse gas emissions and to ultimately become carbon neutral by 2050. Subsequent developments are further transitioning Canada's GHG reductions policy to a binding legal regime.

Read the full article by Eric H. Bremermann, Glenn Zacher and Daniel Gralnick with Stikeman Elliott LLP.

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

• INDB 2021-23 – Updates to the Application Management System (AMS)
• INDB 2021-24 – Release of Updated Noise Control Best Practices Guideline
• INDB 2021-25 – Updates to the Northeast Water Tool (NEWT) Launched
• IB 2021-04 – Commission Monitoring Dry Conditions in Northeast B.C.

BC Proposes Extensive Changes in Draft
Action Plan to Implement UNDRIP
The BC government recently released a draft action plan to support the implementation of the United Nations Declaration on the Rights of Indigenous Peoples ("UNDRIP") in the province. The action plan, which was developed pursuant to BC's Declaration on the Rights of Indigenous Peoples Act (the "Declaration Act"), identifies 79 proposed actions that the provincial government will take to achieve the objectives of UNDRIP in cooperation with Indigenous peoples over the next five years. The Province is currently seeking input on the plan and the deadline for submissions is July 31, 2021. The Draft Action Plan proposes a number of potentially significant new measures although these initiatives are described at a high-level and open to interpretation in terms of the precise magnitude of the potential changes. Read the full article by Bryn Gray and Alana Robert with McCarthy Tétrault LLP.

Court of Appeal Expands Recovery of Legal
Costs in Contaminated Sites Litigation
The recent decision of the British Columbia Court of Appeal ("BCCA") in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., provides important clarification of the law pertaining to the recovery of legal costs reasonably incurred during the remediation of contaminated sites under the Environmental Management Act ("EMA") and the Contaminated Sites Regulation. Prior to this decision, plaintiffs were generally thought to be limited to the recovery of legal costs that were incurred during the litigation process itself as assessed under the Supreme Court Civil Rules. The BCCA has now confirmed that remediating parties may claim both litigation legal costs and legal costs incurred throughout the actual remediation of the contaminated site. Read the full article by Brent Meckling and Kim Brown with Clark Wilson LLP.

Water Sustainability Act

•  Larry Jones v. Assistant Water Manager [Stay Application – Denied]

Proposed Policy Amendments on
Determining Workplace Status
From WorkSafeBC: Our Policy, Regulation and Research Division is releasing a discussion paper on determining workplace status with options and draft policy to stakeholders for comment. "Workplace status" refers to whether someone is an employer, worker, or independent operator. A person's status defines the rights and responsibilities the person has under the Workers Compensation Act, including compulsory coverage for workers, and obligations of employers to pay assessments into the accident fund. Read the full WorkSafeBC news release and discussion paper.

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

Orders:

• Mink Farms – July 26, 2021 (PDF, 330KB) 
• Industrial Camps – July 7, 2021 (PDF, 388KB)
  • Delegation: Industrial Camps – June 9, 2020 (PDF, 216KB)
• Gatherings and Events – July 7, 2021 (PDF, 305KB)
• Long-Term Care Facility Staff Assignment – April 15, 2020 (PDF, 274KB)
• Vaccinated Staff: Variance of the Facility Staff Assignment Order – July 28, 2021 (PDF, 412KB)

Guidance:

• Guidance on the Creation of Facility Clusters – July 28, 2021 (PDF, 112KB)
• Ministry of Health – Overview of Visitors in Long-Term Care and Seniors' Assisted Living – July 19, 2021 (PDF, 601KB)

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

• Part 21 Blasting Operations
  G21.4 Blasting log

• Part 26 Forestry Operations and Similar Activities
  G26.11 Wildfire dangerous tree assessment

OHS Guidelines — Workers Compensation Act

• G-P1-2-7 Jurisdiction over mines