First Nations Staking Claim over Mining in BC
When the Association of Mineral Exploration (AME) annual Roundup conference convenes next week, a good deal of oxygen may get be taken up by what First Nations in BC are demanding: a complete overhaul of mining and minerals acts to give First Nations more regulatory control over mining. The First Nations Energy and Mining Council (FNEMC), backed by the Union of BC Indian Chiefs and BC Assembly of First Nations, issued a report Thursday [January 27] with 25 recommendations that, if implemented, would require a complete overhaul of BC Mines and Mineral Tenure Act to conform to the United Nations Declaration on the Rights of Indigenous People (UNDRIP) and BC's own enabling act, the Declaration on the Rights of Indigenous Peoples Act (DRIPA). Read the BIV article. 

Skagit Park "Donut Hole" to be Closed
The BC government has reached an agreement with Imperial Metals (TSX:III) not to exercise its mineral exploration rights in an area between two provincial parks, commonly known as the Skagit "donut hole." The hole is an exclusion zone between Skagit and Manning Parks, where both logging and mineral exploration were permitted. It was left out of Class A park designation when the Skagit Valley recreation area was declared a provincial park in 1996. Skagit Valley Provincial Park merges with E.C. Manning Provincial Park, except in the donut hole area. In 2019, the Wilderness Committee raised concerns about logging in the area by BC Timber Sales, and mineral claims held by Imperial Metals. The Silverdaisy and Skagit watersheds are important habitat for salmon. Read the BIV article.

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

• INDB 2022-01 – Date Change for Methane Leak Detection and Repair Submissions
• INDB 2022-02 – Montney Well Fluid Analyses Available
• INDB 2022-03 – Lanching New Complaince Management Information System
• IB 2022-01 – Results of the Commission's 2021 Aerial Leak Detection Survey

BC Court of Appeal Confirms that the Rule of Law is the
Dominant Public Interest in Injunction Proceedings
In Teal Cedar Products Ltd. v. Rainforest Flying Squad, 2022 BCCA 26, the BC Court of Appeal ("BCCA") confirmed that upholding the rule of law continues to be the dominant public interest in determining the outcome of injunction proceedings involving civil disobedience against a private entity. This decision affirms that private entities can seek and rely on the protection of injunctions when their legal rights are being infringed by acts of civil disobedience. Read the full article by Kevin O'Callaghan, Niall Rand and Paige Mueller with Fasken Martineau DuMoulin LLP.

Contaminated Sites Litigation: New Law on
Recovery of Legal Costs
The BC Court of Appeal has spoken, providing fresh guidance on recovering your legal fees and remediation costs when pursuing those responsible for contamination under the Environmental Management Act: Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129. This case dealt with two neighbouring sites contaminated by gas that leaked from fuel storage tanks on one of the sites. The Appellant companies owned the sites, one was owned by Victory Motors and the other by Jansen Ltd. The respondent, Super-Save, was one of many historical operators of the gas station. Read the Environmental Law Update article published by Richard Bereti, Una Radoja and Nicola Virk with Harper Grey LLP.

US to Reduce Tariffs on Most Softwood Producers,
Raise Them for West Fraser
With its latest preliminary review on Canadian softwood lumber shipments, the U.S. Department of Commerce is indicating it will reduce tariffs for most Canadian producers but increase them for BC-based West Fraser. The department announced yesterday the combined countervailing and anti-dumping duties for most lumber companies will be reduced from 17.91 per cent to 11.64 per cent. West Fraser's new rate will be 13.09 per cent, a bump up from its current 11.14 per cent. Read the full article published by Canadian Forest Industries.

BC Watershed Security Strategy Could
Put Province on the "Cutting Edge"
The BC government has rolled out the early stages of a water security strategy meant to protect the province's freshwater resources from drought, flooding and long-term shortages. The BC government has kickstarted a plan it says will protect the province's freshwater from climate change – step one, ask British Columbians to weigh in. In a discussion paper released Tuesday [January 25], the Ministry of the Environment and Climate Change Strategy outlined 10 goals under a new Watershed Security Strategy and Fund. Read the BIV article.

Environmental Law Update: Moving
Dirt In BC – New Rules
The Government of British Columbia is in the process of revamping laws around soil relocation with the objective of reducing the complexity of the existing rules, facilitating compliance, and limiting the amount of soil that ends up in landfills. To achieve these objectives, amendments have been proposed to the Environmental Management Act ("EMA"), the Contaminated Sites Regulation ("CSR"), and the Waste Discharge Regulation ("WDR"). The amendments to the EMA received Royal Assent in March 2020 and will come into force when the other regulatory amendments are finalized and adopted. Stakeholder feedback on the proposed amendments to the CSR and WDR are currently under review and final consideration is targeted for this year. Read the full article by Richard Bereti and Nicola Virk with Harper Grey LLP, published in the firm's Environmental Law Update.

Canadian Product Stewardship and EPR: 
A Review of 2021 and Beyond
Provincial governments (and non-governmental agencies) have been busy implementing various innovative waste management programs to divert waste away from landfills. In 2021, important changes were implemented across all product categories, including tires, batteries, electronic products, packaging and printed paper, beverage containers, and hazardous and special products. Key changes include: i) new programs in jurisdictions that formerly did not have programs, ii) expanded product lists for existing programs, iii) shifts from product stewardship models to extended producer responsibility ("EPR") models, and iv) expanded regulatory enforcement mechanisms and activity. Read the full article by Mark Youden, Emma Hobbs and Lauren Mar with Gowling LG.

BC Forest Watchdog Recommends Improving
Forest Management to Protect Water
A report by the Forest Practices Board says that at least a third of the public complaints it has received since 1995 have involved the potential for forestry and range practices to affect water, including drinking water, the integrity of ecosystems, as well as public infrastructure and private property. It says that while the board usually found forest licensees were in compliance with provincial laws, gaps in legal requirements mean that forestry activities, including harvesting and the construction of forest service roads, can contribute to the risk of landslides, flooding and other water-related problems downstream. Read the Journal of Commerce article.

Environmental Appeal Board Decisions
The following Environmental Appeal Board decisions were made recently:

Water Sustainability Act

• Geoffrey Fox v. Assistant Water Manager [Final Decision – Order Confirmed in Part; Appeal Dismissed]

What Happened?
The worker was employed as a warehouse production worker commencing November 20, 2018. She was also the on-site occupational first aid attendant. On January 4, 2019, one of the owners of the company advised the worker that some of the warehouse staff were not correctly shutting down the machinery, including closing off the nitrogen cylinder safety valves. After this discussion, the worker suspected that her recent symptoms of burning eyes and a sore throat could be due to an exposure to nitrogen gas. On January 8, 2019, the worker reported her concerns to her supervisor and exercised her right to refuse unsafe work due to a potential nitrogen gas leak. She subsequently left the workplace as she felt unsafe.

• Gatherings and Events – January 27, 2022 (PDF, 571KB)​
  • Medical Reporting Form: COVID-19 Vaccine Medical Deferral – January 19, 2022 (PDF, 636KB)
• Workplace Safety – January 20, 2022 (PDF, 383KB)
• School Staff Member Vaccination Status Information Reporting – January 17, 2022 (PDF, 401KB)
• Food and Liquor Serving Premises – January 17, 2022 (PDF, 482KB)
• Regulated and Unregulated Health Professionals SARS-CoV-2 Immunization Order – January 9, 2022 (PDF, 467KB)
• Emergency Medical Assistants SARS-CoV-2 Immunization Order – January 9, 2022 (PDF, 295KB)
• Medical Reporting Form: COVID-19 Vaccine Medical Deferral – January 19, 2022 (PDF, 636KB)
• Medical Reporting Form: COVID-19 Vaccine Medical Deferral – January 19, 2022 (PDF, 636KB)
• Food and Workplace Safety – January 20, 2022 (PDF, 383KB)

Guidance:

• Indoor Exercise, Fitness, & Dance Class Facility COVID-19 Guidance – January 27, 2022 (PDF, 370KB)
• Guidance for Courthouse Users During the COVID-19 Pandemic – January 14, 2022 (PDF, 384KB)

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

WorkSafeBC's Board of Directors ordered the deletion of the the following policy items to reflect amendments to the Occupational Health and Safety Regulation. These deletions are effective February 1, 2022.

• R16.25-1 Operation and Maintenance (Fuel Tank Filler and Vent Outlet Locations) [deleted]
• R16.33-1 Protective Structures (Hydraulic Excavators) [deleted]
• R16.34-1 Rollover Protective Structures (Pipe Layers) [deleted]
• R16.36-1 ROPS Certification (Sweep Arms) [deleted]

Guidelines – Workers Compensation Act:

Published on January 1, 2022

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

Published on January 17, 2022

Editorial revisions were made to the following guidelines.

• Part 3 - Rights and Responsibilities
• G3.16 First aid assessment

• Part 7, Division 2 - Vibration Exposure
• G7.11-2 Exposure limits - Whole-body vibration
• G7.13 Exposure control plan

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