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

• INDB 2021-32 – Adoption of ParcelMap BC
• IB 2021-06 – BC Oil and Gas Commission's Chief Operating Officer Retiring

Visit the BCOGC website to view this and other bulletins.

Critical March 1, 2022 Deadline for Preserving
Non-Domestic Water Rights Nears
In 2016, British Columbia's new Water Sustainability Act (the "WSA") came into force and requires all non-domestic groundwater users – including farmers and ranchers, oil and gas companies, mine and smelter operators, water bottling companies, pulp and paper companies and small businesses – to apply for licences by March 1, 2022 to preserve their water rights. Existing groundwater users risk losing their historic water rights if they fail to apply before the fast-approaching deadline.

Prior to the WSA, the use of groundwater or well water in British Columbia was largely unregulated and capturing groundwater under common law was deemed a right. Now groundwater users must play by the same rules as surface users who withdraw water from rivers, streams and lakes. Under the WSA, anyone who diverts and uses groundwater for anything other than household use is required to obtain a water licence and pay water fees and rentals. A water licence is not required for "domestic purposes", which essentially means the use of water for household purposes by occupants of single family private dwellings (for the complete definition, see section 2 of the WSA). Read the full article by Mark Thompson, Mike Nienhuis and Cen Yang with Singleton Urquhart Reynolds Vogel LLP.

Seeing The Opportunity In Canada's Forests:
FPAC Looks Ahead to 2022
While we may follow Russia and Brazil as the third-largest forested country in the world – Canada has an important competitive edge that puts us above all others. As the world turns to lower carbon products to build greener communities, and as we work to mitigate the risks of worsening pest outbreaks and catastrophic fire patterns, sustainable forest management and the use of Canadian forest products has never been more important. Read the full article published by Canadian Forest Industries.

Canada Forges Ahead With Single-Use Plastics
Ban Despite Legal Challenges
Despite opposition from industry groups and provinces, the Government of Canada is moving forward with a comprehensive plan to address plastic pollution in the long term.

On Dec. 21, 2021, the Minister of Environment and Climate Change and the Minister of Health announced draft regulations under the Canadian Environmental Protection Act, 1999 (CEPA) banning certain single-use plastics deemed to be harmful. Read the full article by Jonathan Cocker and Denisa Mertiri with Borden Ladner Gervais LLP.

Environmental Law 2021: Trends & Developments
Miller Thomson Publication

Bryan Buttigieg, Adina Georgescu, Darin Hannaford and Christie McLeod [with Miller Thomson LLP] co-author the Trends & Developments – Canada chapter in the Chambers and Partners Environmental Law 2021 Global Practice Guide. The chapter highlights current national developments on trending topics like climate change, issues impacting indigenous peoples, and pollution regulation. Read the full chapter from Miller Thomson.

Environmental Management Act

• Gibraltar Mines Ltd. v. Director [Stay Application – Denied]

Visit the Environmental Appeal Board website for more information.

CSA Group Report Aims to Improve 
Canada's PPE Ecosystem
The peak demand for pandemic response products may have passed – though with the Omicron variant demand may soar once again – but it is critical to address any gaps to ensure that Canada is self-sufficient and able to protect against any future shortages. CSA Group has released the second of its two reports, Realizing A Made in Canada Pandemic Response Products Ecosystem: Action and Impact (Realizing A Made-in Canada Pandemic Response Products Ecosystem, researched in collaboration with Next Generation Manufacturing Canada (NGen) and the National Research Council of Canada Industrial Research Assistance Program (NRC IRAP). Read the full article by Maia Foulis, published on the Canadian Occupational Safety website.

WorkSafeBC Seeks Feedback on Policy Workplans
WorkSafeBC is asking for stakeholder feedback on its 2022–24 Policy Workplans concerning compensation and occupational disease, assessment, and occupational health and safety (OHS). The organization's board of directors has the mandate to make legally binding policy, and submissions are being accepted until Jan. 14, 2022. Comments become part of the Policy, Regulation and Research Department's database and may be published, including the identity of organizations and those participating on behalf of organizations, according to WorkSafeBC. "The identity of those who have participated on their own behalf will be kept confidential according to the provisions of the Freedom of Information and Protection of Privacy Act." Stakeholders can share their inputs through this link: WorkSafeBC. Read the full article by Jim Wilson, published in the HRReporter.

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

Orders:

• Delayed Return to School – December 31, 2021 (PDF, 375KB)
• Gatherings and Events – December 22, 2021 (PDF, 548KB)​
• Public Guidelines for Request for Reconsideration (Exemption) Process – December 23, 2021 (PDF, 447KB)
• Food and Liquor Serving Premises – December 22, 2021 (PDF, 481KB)
  • Public Guidelines for Request for Reconsideration (Exemption) Process – December 23, 2021 (PDF, 447KB)
• Face Coverings (COVID-19) – December 3, 2021 (PDF, 440KB)

Medical Health Officer Order:

• Gatherings and Events COVID-19 Order for Northern Health Authority – December 24, 2021 (PDF, 185KB)

Medical Health Officer Notices:

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

Guidance:

• Guidance for Food and Liquor Serving Premises – December 31, 2021 (PDF, 646KB)

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 – OHS:

The following guideline has CPI adjustments effective January 1, 2022, as well as an editorial revision to align with amendments to the OHS Regulation:

• G-P2-94-1 OHS citations

The following guideline was revised:

• Part 6 Chemical Agents and Biological Agents
  G6.25 Sealed containers

The following policies were updated to reflect CPI adjustments, effective January 1, 2022:

• P2-94-1 - OHS Citations
• P2-95-4 - Non-Exclusive Ways to Impose Financial Penalties
• P2-95-5 - OHS Penalty Amounts
• P5-251-1 - Claims Costs Levies