Power Perspectives 2022 – British
Columbia Regional Overview
In 2021, several long-awaited developments occurred that will lay the groundwork for BC's energy future. With the completion of Phase 2 of its comprehensive review of BC Hydro and the release of its CleanBC Roadmap to 2030, the province has signalled its core energy priorities and outlined key measures to achieve them. Meanwhile, the submission by BC Hydro of a new integrated resources plan – its first in almost a decade – sheds new light on the province's anticipated load-resource profile and implications for market participants, including independent power producers (IPPs). Read the full article by Alexandra Comber, Maureen Gillis, Genevieve Loxley, Sven O. Milelli and Erin O'Callaghan with McCarthy Tétrault LLP.

Changes to Environmental Assessment
Certificate for Trans Mountain
Changes to the Environmental Assessment Certificate for the Trans Mountain Expansion Project, and recommendations to other agencies, have been made by George Heyman, Minister of Environment and Climate Change Strategy, and Bruce Ralston, Minister of Energy, Mines and Low Carbon Innovation, for the pipeline project that runs between Edmonton and Burnaby.

This provincial reconsideration process was a result of a federal Court of Appeal decision in 2018, and associated decisions by the B.C. Court of Appeal in 2019. Following the 2018 federal Court of Appeal determination that the National Energy Board (NEB) excluded project-related marine shipping from aspects of its review, the NEB undertook a reconsideration process and released a reconsideration report. The federal government then used this 2019 reconsideration report to inform its decision to approve the project again. Read the government news release.

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

• INDB 2022-04 – Disposal Well Dashboard Surveillance, Compliance, and Forecast Tool Now Available
• INDB 2022-05 – Implementing Permittee Capability Assessment

Visit the BCOGC website to view this and other bulletins.

B.C. Government Reorganizes Ministries,
Creates Ministry of Land, Water and
Resource Stewardship
The British Columbia government is reorganizing several of its natural resource ministries to create the new Ministry of Land, Water and Resource Stewardship.

Premier John Horgan has appointed Josie Osborne as the new minister for the department as well as for fisheries.

Horgan says the new ministry will focus on reconciliation with Indigenous Peoples along with economic and environmental stability.

The government says in a statement the natural resource sector ministries, including forests, environment, agriculture and energy, are not set up to implement the Declaration on the Rights of Indigenous Peoples Act, which aims to advance reconciliation and share decision-making with First Nations. Read the full Chek news article.

War Disrupts Forestry Markets
A sudden increased global demand and higher prices for Canadian logs, lumber, pulp and wood pellets could result from a dramatic disruption in wood markets, due to Russia's invasion of Ukraine.

The Western world has moved with swift and dramatic sanctions against Russia for its invasion of Ukraine. Russia is a commodities giant. In addition to being a major oil, natural gas and potash producer, it is also a major exporter of logs, lumber, pulp and pellets. Read the BIV article.

"Climate-Washing" Risks and How to Mitigate Them
More and more companies are taking positive action on climate change and are seeking to communicate their climate strategies, performance and targets to customers, investors and the broader public. But external scrutiny of corporate climate initiatives is also increasing. This puts corporate leaders in a potential double-bind: say too little on climate, and risk being accused of inaction; say too much, and risk being accused of "greenwashing" or "climate-washing."

The goal of this bulletin is to assist companies to understand and mitigate greenwashing risks related to making climate-related claims. First, we discuss the legal test to be applied to greenwashing, properly understood, based in laws relating to deceptive marketing claims. We then apply those legal concepts to three common areas where corporate communications on climate issues give rise to allegations of greenwashing: corporate "Net Zero" commitments, public market disclosures related to climate, and the purchase and sale of voluntary carbon offsets. Read the full article by Kai Alderson, Antonio Di Domenico and Ron Ezekiel with Fasken Martineau DuMoulin LLP.

New Indigenous-Led Planning Process Launched
for TFL 44 on Vancouver Island
A new Indigenous-led approach to resource planning has launched on Vancouver Island that will be co-ordinated by C̕awak ʔqin Forestry Limited Partnership, formerly named TFL 44 LP.

C̕awak ʔqin Forestry will work with nations on whose traditional territories Tree Farm Licence (TFL) 44 is located to develop an Integrated Resource Management Plan (IRMP) for forest and ecosystem management. The TFL 44 IRMP will consider the present and future needs of the nations and ecosystems while bringing together the teachings of the nations' ancestors, the wisdom of the nations' elders and the input of the nations' citizens and members. Read the full article published by Canadian Forest Industries.

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

Water Sustainability Act

• Gwiiyeehl (also known as Brian Williams); Niisgimiinuu (also known as Robert Campbell); Wii Muugulsxw (also known as Art Wilson); Moolaxan (also known as Norman Moore); Gwis Gyen (also known as Robin Alexander); Sakxum Hiigookw (also known as Vernon Smith); Wii Minosik (also known as Larry Skulsh); and Gitxsan Nation Crisis Management Team v. Water Manager [Decision on Costs Application – Denied]

Water Users' Communities Act

• The Nature Trust of British Columbia v. Comptroller of Water Rights, Ministry of Forests, Lands, Natural Resource Operations and Rural Development [Final Decision – Allowed in Part]

Visit the Environmental Appeal Board website for more information.

Workers Compensation Act Amendments
for Asbestos Safety
Proposed amendment to the Workers Compensation Act have been introduced in Bill 5, the Workers Compensation Amendment Act, 2022. These amendments would establish a requirement for asbestos abatement contractors to be licensed to operate in B.C., and would authorize WorkSafeBC to create a mandatory safety training program for workers and contractors who work with materials that may contain asbestos.

OHS Centre Urges Employers to
Raise Awareness of RSI
The Canadian Centre for Occupational Health and Safety (CCOHS) has reminded employers to raise awareness and promote the prevention of repetitive strain injuries (RSI).

"RSIs can happen to a variety of workers from all types of industries. Gripping, holding, bending, twisting, clenching, and reaching – these ordinary movements that we naturally make every day are not particularly harmful in the activities of our daily lives," said CCOHS. Read the full article by Jim Wilson, published by Canadian Occupational Safety.

Employer Obligations to Prevent Bullying
and Harassment in the Workplace
Pink Shirt Day is an anti-bullying campaign observed on the last Wednesday of every February, and this year it falls on February 23rd. On this day, individuals are reminded to act with kindness and empathy and speak up if they see someone bullied. The goals of Pink Shirt Day align with the legal obligations placed on employers to prevent bullying and harassment in the workplace.

Bullying and harassment in the workplace exists on a spectrum. It can range from unwanted comments to verbal and physical assault. Some employers and employees are surprised to learn that WorkSafeBC requires employers in British Columbia to have a bullying and harassment policy. Read the full article by Colin Edstrom with Pushor Mitchell.

New Public Health Orders
The Public Health Office (PHO) recently issued the following orders and guidance:

Orders:

• Post-secondary Institution Housing COVID-19 Preventive Measures – February 18, 2022 (PDF, 464KB)
• Workplace Safety – February 16, 2022 (PDF, 413KB)
• Food and Liquor Serving Premises – February 16, 2022 (PDF, 476KB)
• Gatherings and Events – February 16, 2022 (PDF, 522KB)​

Guidance:

• Guidance for Food and Liquor Serving Premises – February 17, 2022 (PDF, 620KB)
• Ministry of Health – Overview of Visitors in Long-Term Care and Seniors' Assisted Living – February 3, 2021 (PDF, 675KB)

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

OHS Policies/Guidelines – Updates

February 03, 2022

Revisions were made to the following guidelines.

• Part 4 General Conditions
  • G4.83(3) Maintenance of washroom facilities

• Part 5 Chemical Agents and Biological Agents
  • G5.22 Covers
  • G5.70 Discharged air

March 01, 2022

• Part 5 Chemical Agents and Biological Agents
  • Table of Exposure Limits for Chemical and Biological Substances
    The table has been updated to reflect changes to OHS Policy R5.48-1 (amended March 1, 2022). Deletions are shown as strikethrough; other changes are highlighted in green.

February 01, 2022

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]

March 01, 2022

This update includes amendments (to the Table of Exposure Limits for Excluded Substances) effective March 1, 2022. A strikethrough version of the amendments is also available.

• R5.48-1 – Controlling Exposure – Exposure Limits

Check the WorkSafeBC website to explore these and other important OHS updates.