B.C. Judge Rules in Favour of Mining Company that
Argued Jade Boulder it Found Is a 'Placer Mineral'
Difference between 'placer mineral' and 'mineral' determines mining rights under Mining Tenure Act

Jade mining in British Columbia has become a controversial practice these days, especially with Indigenous groups wanting miners in the area to leave, but a recent court case ruling shows how contentious even defining a jade deposit can be.

Madam Justice Lisa Warren of the Supreme Court of British Columbia recently dismissed an appeal made by Cassiar Jade Contracting Inc. to overturn a ruling that a jade boulder found in August 2019 by Canada Tsinghua International Jade Investment Group Corp. is a "placer mineral" rather than a mineral. Read the full article by Zena Olijnyk, published in the Canadian Lawyer.

The Role of Critical Minerals in the Energy Transition:
A Canadian Perspective (Part 4) [BC]
Fasken's lawyers have begun a series on the role of critical minerals in energy transition from a Canadian perspective, bringing fresh insights on issues of mining, energy, environmental, Indigenous, climate change, tax, and national security. In the first, second and third instalments of this series, we examined the role of the Canadian federal government as well as the provinces of Québec and Ontario. In this fourth instalment we examine the initiatives taken by the province of British Columbia.

In an information circular on rare metals, the B.C. Geological Survey has this to say about rare metals in British Columbia:

Historically exploration for rare metals has been sporadic. Although a number of occurrences and prospects have been identified, few have advanced to developed resources or reserves. Carbonatite and syenite complexes host British Columbia's most advanced rare earth niobium and tantalum prospects.

Read the full article by André Durocher, Michael J. Bourassa, Ron Ezekiel and Shannon Snow with Fasken Martineau DuMoulin LLP.

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

• INDB 2021-29 – Changes to Management of Non-Compliance Notices
• INDB 2021-30 – New B.C. Well Decommissioning Guidelines
• INDB 2021-31 – Process Simplified for Gas Processing Plant Fluid Analyses

Visit the BCOGC website to view this and other bulletins.

Freeland Says Canada May Retaliate Against
U.S. Softwood Lumber Duty Rate
Canada is prepared to retaliate against an American increase of duties on Canadian softwood lumber producers, Deputy Prime Minister Chrystia Freeland said Thursday [November 25].

"We will do precisely what we have done successfully with two previous American administrations: we state our case clearly and rationally. We also make very, very clear that Canada is prepared to retaliate, to defend the national interest," Freeland said in response to criticism in the House of Commons.

Conservative foreign affairs critic Michael Chong said the Liberal government is not being effective against a series of protectionist trade measures by the administration of U.S. President Joe Biden. He was one of several Conservatives to pile on the Liberal government, which is facing mounting criticism over the growing list of trade irritants with Washington. Read the article published in the Toronto Star.

Bill 28 – Forest Amendment Act, 2021 and Bill 23 –
Forests Statutes Amendment Act, 2021
The previously introduced Forests Statutes Amendment Act, 2021 (Bill 23), as well as the new Forest Amendment Act, 2021 (Bill 28), are now both partially in force. As mentioned in the previous Reporter, Bill 23, which was introduced in October, is intended to improve processes for reforestation after large wildfires and to improve collaborative planning between Indigenous nations, government and industry. Changes to the Forest Act, Forest Practices Code of British Columbia Act and Forest and Range Practices Act are now in effect. Bill 28 is intended to enable government to redistribute timber harvesting rights to First Nations, communities and BC Timber Sales, establish a clearer framework for compensation rules, increase transparency around forest inventory information, and introduce a new auditing system for fees in lieu under the Forest Act. Please note that the top section of any Bill provides details about which sections are in force and which will come into force at a later date (by regulation).

Indigenous Leaders Concerned Over B.C.
Government's Old-Growth Deferral Process
Indigenous leaders and experts in B.C. outlined their concerns Wednesday over the provincial government's process to defer logging in old-growth forests, while underscoring the urgency to preserve at-risk ecosystems.

The province announced Nov. 2 that an independent panel of scientific experts had mapped 26,000 square kilometres of old-growth forests at risk of permanent biodiversity loss. It asked First Nations to decide within 30 days whether they support logging deferrals in those areas or if the plan required further discussion.

Retired judge Mary Ellen Turpel-Lafond told a news conference hosted by the Union of B.C. Indian Chiefs that the government's actions aren't consistent with free, prior and informed consent, a key principle of the UN Declaration on the Rights of Indigenous Peoples. B.C. adopted the declaration through legislation passed in 2019.

The 30-day timeline is too short for many First Nations to make informed decisions, and the process lacks clarity on economic impacts and potential compensation for Nations that elect to set old-growth forests aside from logging, Turpel-Lafond said. Read the Vancouver Sun article.

Changes to the Environmental Management Act
Bill 24, which amends the Environmental Management Act, is now in force by Royal Assent. As previously reported, the intention of the amendments is to establish provincewide bans on the sale, distribution or use of prescribed single-use and short-term products and to apply fees and alternatives to single-use products, where necessary, and/or require that businesses make an item available only by request. Plastic utensils and straws are among the items to be the items to be added to the growing list of banned items. Associated regulations are not expected until 2023.

Environmental Management Act

• Christine McLean v. Director [Application to Amend Notice of Appeal – Granted In Part]
• Richard Yntema v. Director [Final Decision – Appeal Allowed in Part]
  

• Larry Jones v. Assistant Water Manager [Summary Dismissal Decision – Dismissed]

Visit the Environmental Appeal Board website for more information.

Occupational Health and Safety Regulations   
Amendments – December 1st
Effective December 1st, changes to the Occupational Health and Safety Regulation made by B.C. Reg. 207/2021 and B.C. Reg. 222/2021 came into force. These changes affect the following sections:

• Combustible and flammable liquids Parts 1, 5, 22, and 23)
• Radiation does limits to the lens of the eye (Part 7)
• Traffic Control (Part 18)
• Certification of concrete pump operations (Part 20)
• Blasting Operations (Part 21)
• Aborists (Part 26)
• Logging truck load securement (Part 26)

For specific details on these changes, visit the WorkSafeBC resources page and click on the Overview PDF.

December 2021 Virtual Public Hearing on
Proposed Regulatory Amendments
WorkSafeBC will be holding a public hearing on proposed amendments to the Occupational Health and Safety Regulation. Due to the COVID-19 pandemic, the public hearing will be held virtually. The virtual public hearing will be streamed live on December 8, 2021 with two session times. The first will take place from 11 a.m. to 1 p.m. and the second from 3 to 5 p.m. Visit the WorkSafeBC website for additional details.

How to Protect Workers Before,
During and After a Flood
Still reeling from major floods that have devastated large swathes of the province, B.C. residents are being warned of fresh rainfall that is set to affect thousands. Maritime provinces have also seen heavy rainfall that is causing a lot of damage. So how can businesses and organizations in these provinces prepare to ensure the safety of their workers? There's no cookie-cutter template for handling floods, says Barry Nakahara, Senior Manager, Prevention Field Services, WorkSafeBC. Read the full article by Maia Foulis, published on Canadian Occupational Safety.

New Public Health Orders
The Public Health Office (PHO) recently issued the following Orders, Notices & Guidance:

Orders:

• Gatherings and Events – December 3, 2021 (PDF, 480KB)
• Hospital and Community (Health Care and Other Services) COVID-19 Vaccination Status Information and Preventive Measures – November 18, 2021 (PDF, 613KB)
• Guidelines for Request for Reconsideration (Exemption) Process – October 8, 2021 (PDF, 420KB)
• Medical Deferral Form – October 28, 2021 (PDF, 258KB)

• Variance of Gatherings and Events & Food And Liquor Serving Premises Orders to Suspend Reconsideration re Proof of Vaccination – November 12, 2021 (PDF, 307KB)
• Public Guidelines for Request for Reconsideration (Exemption) Process – November 12, 2021 (PDF, 389KB)
• Public Form for Reconsideration (Exemption) Process – November 12, 2021 (PDF, 395KB)

Medical Health Officer Order:

• Gatherings and Events COVID-19 Order for Northern Health Authority – November 30, 2021 (PDF, 213KB)

Medical Health Officer Notices:

• Notice of Repeal of Gatherings and Events COVID-19 Order for Interior Health Authority – December 1, 2021 (PDF, 213KB)

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

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

Guidelines – Workers Compensation Act

• Part 2 Division 12 - Enforcement
• G-P2-84-2 Approval, acceptances, authorizations, or permission under the OHS Regulation (revised)

Guidelines – OHS Regulation

• Part 5 - Chemical Agents and Biological Agents
• G5.27 Ignition sources - Combustible liquid normally used as fuel (new)
• G5.28 Bonding or grounding containers - Ensuring effectiveness (new)
• G5.32 Manual cleaning - Work procedures (revised)

• Part 7 - Radiation
• G7.17 Definitions - Calculation of the equivalent dose and the effective dose (revised)
• G7.19-1 Exposure to ionizing radiation - Exposure limits and exposure period (revised)
• G7.19-2 Notification of worker overexposure to ionizing radiation (revised)
• G7.20(1)-1 Exposure control plan - General requirements (revised)
• G7.22 Monitoring exposure (revised)
• G7.24(a) Radiation surveys - Clarification of how often to conduct and who can conduct (revised)

• Part 14 Cranes and Hoists
• G14.2-1 Standard - Tower cranes

• Part 18 Traffic Control
• G18.4 Traffic control supervisor (revised)
• G18.6.2(1) Traffic control person training (new)
• G18.9 Safety headgear for traffic control persons (revised)
• G18.9(a) Illuminated traffic control paddles (revised)

• Part 21 Blasting Operations
• G21.4 Blasting log (revised)
• G21.8 Certification of blasters - Qualifications (revised)
• G21.8.1 Continuing professional development - Blasters (new)
• G21.16 Storage - Detonators (revised)
• G21.23 Transportation - Flammable materials (revised)
• G21.25(3) Mobile drilling rigs (revised)
• G21.39 Disposal of explosives - Abandoned (revised)
• G21.69 Blasting signals (revised)
• G21.75 Cutoffs and unexploded explosives (revised)
• G21.82 Underwater blasting (revised)
• G21.85(1)-1 WorkSafeBC acceptance of procedures for avalanche control (revised)
• G21.85(1)-2 Assessment of avalauncher device safety in proposed work procedures (revised)
• G21.85(3) Safety fuse ignition system (revised)

• Part 24 Diving, Fishing and Other Marine Operations
• G24.70 Compliance with standards (revised)

• Part 26 Forestry Operations and Similar Activities
• G26.69(2)(b) Safe work procedures for the use of a removal station (revised)

The following guidelines were retired consequential to the December 1 amendments to the OHS Regulation:

• G18.4(1) Supervision - Traffic control person training in a manner acceptable to WorkSafeBC
• G18.8 Safe position for traffic control person
• G21.27 Contact with metal
• G26.68 Binder cinches

The following guideline was revised:

• Part 10 De-energization and Lockout
• G10.4(6) Use of means other than personal locks

The following guideline was retired.

• Part 7 Noise
• G7.3-2 Noise exposure data collected by prevention officers