Energy Resource Activities Act –
Early Consolidation Published
Quickscribe has published an early consolidation of amendments to the Oil and Gas Activities Act by 2022 Bill 37, c. 42, the Energy Statutes Amendment Act, 2022, as it will read once all sections eventually come into force by regulation.

These amendments include renaming the Act to the Energy Resource Activities Act, and restructuring and renaming the BC Oil and Gas Commission as the British Columbia Energy Regulator. The Regulator's responsibilities as set out in the amendments will be expanded to include hydrogen, with the intention to provide a more cohesive framework for the regulation of hydrogen projects.

In addition, Bill 37 amendments expand liability beyond permit holders for orphaned oil and gas activity sites to include others who benefited from site operations, in order to help pay for restoration of the site. They also provide the Regulator with new powers to address orphaned sites, such as establishing registers of responsible persons and orphan sites, disposing of abandoned property at a site, and transferring permits or authorization in relation to orphan sites.

For more information, read New Regulator in Town – More Than a Name Change, by Alexander Baer and Matthew D. Keen with Norton Rose Fulbright, as included in the November Quickscribe Reporter.

BC Hydrogen Legislation: New Regulator for
Hydrogen and Other Energy Resources
This article is part of a series on changes introduced with the passing of the Energy Statutes Amendment Act, 2022, which also covers increased liability of directors and officers and changes to the regulation of carbon capture and storage.

British Columbia has passed legislation that will streamline the regulation of hydrogen and other energy resources in the province. Called the Energy Statutes Amendment Act, 2022, it introduces changes to the Oil and Gas Activities Act and the Petroleum and Natural Gas Act.

With this new B.C. hydrogen legislation, the Oil and Gas Commission will be renamed the British Columbia Energy Regulator, with jurisdiction over oil, gas, hydrogen, ammonia and methanol. A single-window regulator gives businesses investing in hydrogen in British Columbia a clearer legal framework.

The Energy Statutes Amendment Act, 2022 passed third reading and has received Royal Assent. However, many of the amendments that affect hydrogen will come into force through subsequent regulations, which we will monitor. Read the full article by Roark Lewis and Rick Williams with Borden Ladner Gervais LLP.

First Nations Challenge B.C. Mineral
Claim Regime in Court
The principle of free, prior and informed consent embedded in UNDRIP must apply to mineral claims in B.C., First Nations will argue in court – something that has the mining and exploration industry in B.C. worried.

First Nations, environmental groups and mining and exploration industry associations are in court today seeking intervenor status in a case that could have wide-ranging implications for mineral exploration in B.C., as well as the federal government's critical minerals strategy, should the case succeed. Read the BIV article.

Treaty Rights and Resource Development: The
Cumulative Effects Claims Begin to Pile Up
Our 2021 Legal Year in Review update discussed the landmark B.C. Supreme Court decision in Yahey v. British Columbia (Yahey) which held that the cumulative impacts of industrial development within the traditional territory of the Blueberry River First Nations (Blueberry River) amounted to an infringement of their rights under Treaty 8. As anticipated, Yahey led other First Nations communities and groups to file claims alleging treaty infringement based on cumulative impacts from industrial development.

The rise in cumulative effects treaty-infringement claims is an evolving area of Indigenous law with potentially critical implications for resource development and the regulatory frameworks governing project assessment across Canada. Read the full article by Maureen Killoran, Richard King, Sander Duncanson, Sean Sutherland and Erin Bower with Osler, Hoskin & Harcourt LLP.

Canada's New Critical Minerals Strategy –
Recycling the Regulatory Regime
On Friday, December 9, 2022, the federal government released the Canadian Critical Minerals Strategy (the Strategy), a comprehensive multi-disciplinary government policy package designed to facilitate increased production and processing of critical minerals vital to the green and digital economy. The government committed to, among other things, reviewing the regulatory processes and red tape faced by Canadian-regulated mining companies attempting to bring mines from exploration to production, with a view to placing Canada at the forefront of the increasing global demand for clean energy. Supporting economic growth and job creation, continued reconciliation with Indigenous peoples, enhancing global security and fostering a "nature-forward" approach to sustainability are among the objectives outlined in the 58-page Strategy. Read the full article by Sander A.J.R. Grieve, Martin Ignasiak, Christopher J. Doucet and Geoffrey Davis with Bennett Jones LLP.

BC Introduces New Rules for Carbon Capture and Storage
This article is part of a series on changes introduced with the passing of the Energy Statutes Amendment Act, 2022, which also covers increased liability of directors and officers and changes to clarify the regulation of hydrogen production in BC.

British Columbia has passed the Energy Statutes Amendment Act, 2022, which addresses the regulatory framework for carbon capture and storage in the province. The Act amends the Oil and Gas Activities Act and the Petroleum and Natural Gas Act to clarify the licensing requirements for storage reservoirs and expand rights for the provincial government to explore for, access, develop and use storage reservoirs. Read the full article by Roark Lewis and Rick Williams with Borden Ladner Gervais LLP.

Investigation Examines Enforcement
of the Wildfire Act
A new investigation report released looks at how well government is investigating, deciding compliance and recovering costs from those responsible for causing wildfires in B.C.

The investigation found government has a well-defined and consistent process. Most decisions are appropriate, but there are some opportunities for improvement. Read the full news release from the Forest Practices Board.

6 New Climate Policies Anticipated for B.C. in 2023
Will it be enough to meet the province's critical climate and biodiversity goals?
As the world continues to grapple with the climate and ecological crises a number of new environmental policies are anticipated for 2023 in 2023. But are they going to be enough to meet critical climate and biodiversity goals, and help us adapt to the increasingly frequent and severe impacts of global warming? Here's a look at a few changes coming:

Cap on emissions from oil and gas sector
This is a federal pledge that will affect the natural gas sector in B.C. Canada's Environment Minister Steven Guilbeault has said this cap will be ready by the end of next year, with draft regulations expected this spring.

Read the Vancouver Sun article.

New Carbon-Reduction Requirements
Lower Emissions on the Road
The Province is fulfilling a commitment identified as a key action in the CleanBC Roadmap to 2030 to increase the 2030 carbon-intensity reduction target for the diesel and gasoline fuel pools from 20% to 30% under the Low Carbon Fuel Standard (LCFS).

The LCFS was implemented in 2010, requiring fuel suppliers to progressively lower the average carbon intensity of the fuels they supply in British Columbia by 10% by 2020. In 2020, the Province extended the LCFS and increased the carbon-intensity reduction requirement to 20% by 2030.

Amendments to the Renewable and Low Carbon Fuel Requirements Regulation will now require fuel suppliers to reduce the carbon intensity of diesel and gasoline fuel pools supplied in B.C. to reach an overall reduction of 30% by 2030, relative to 2010 levels. Read the government news release.

Updated Coast Appraisal Manual
Quickscribe has updated the Coast Appraisal Manual to include amendments effective January 1. 2021. The new Coast Appraisal Manual includes clarification to policy, an update to the market pricing system, and an update of the tenure obligation adjustments and specified operations for January 1, 2023 onward.

New GAR Order
Ministerial Order M299/2022, made under the Government Actions Regulation, sections 7(1) and (2) on September 15, 2022 and posted in the BC Gazette Part I on December 15, 2022, impacts the Visual Quality Objectives (VQOs) in the Sunshine Coast Natural Resource district as follows:

1. scenic areas and Visual Quality Objectives (VQOs) in the Sunshine Coast Natural Resource District, which were established through a district manager's letter, dated May 16, 1997, under the provisions of the Operational and Site Planning Regulation, are cancelled;
2. scenic areas and Visual Quality Objectives (VQOs) in Tree Farm Licence 39, Block 1, which were established under the Sunshine Coast Forest District VQO GAR Order, dated June 19, 2009, are cancelled; and
3. scenic areas and VQOs for the Sunshine Coast Natural Resource District are established.

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

Environmental Management Act

• 93 Land Company v. Director, Environmental Management Act [Final Decision – Appeal Dismissed]

Wildlife Act

• Daniel Norton v. Acting Director of Wildlife, Ministry of Forests [Preliminary Decision on the Method of Hearing – Appeal to Proceed by Written Submissions]
• James (Jim) Monroe v. Deputy Regional Manager, Recreational Fisheries & Wildlife Program [Preliminary Decision Re: Application to Participate – Granted, Subject to Limitations]

Visit the Environmental Appeal Board website for more information.

End-of-Year Refresher: BC Employers' OHS Obligations to 
Address Workplace Bullying and Harassment
Workplace bullying and harassment is a significant issue for employers in British Columbia. In 2021 alone, WorkSafeBC received 3400 inquiries related to workplace bullying. The organization also noted that most employers did not know how to handle complaints effectively.

This blog post focuses on BC employers' occupational health and safety ("OHS") obligations to address workplace bullying and harassment under British Columbia's Workers Compensation Act (the "Act"), and related complaints or claims that employees may file with WorkSafeBC. (This post does not address other potential legal issues arising from alleged workplace bullying and harassment, such as claims of constructive dismissal, human rights complaints, or grievances filed under a collective bargaining agreement.) Read the full article by Laura DeVries and Diana Wang with McCarthy Tétrault LLP.

Hazardous Work for Youth Rules Come into Effect Jan. 1
New regulations on the types of work that are not suitable for young workers take effect on Sunday, Jan. 1, 2023.

Following public and stakeholder consultations and analyses of injury data, a number of jobs within several industries were identified as too hazardous for young workers. This includes some jobs within construction, forestry, food processing, oil and gas and power, and asbestos removal.

Amendments to the Employment Standards Regulation were announced in October 2022. Read the government news release.

Board of Directors Approves Amendments to the
Occupational Health and Safety Regulation
On October 26, 2022, WorkSafeBC's Board of Directors approved amendments on two regulatory items related to crane safety in the Occupational Health and Safety Regulation (OHSR):

• Part 14, Cranes and Hoists – Inconsistent Crane Misadventure, and
• Part 14, Cranes and Hoists, and Part 19, Electrical Safety – Zone-Limiting Devices in Tower Cranes

The OHSR will now require a professional engineer to supervise the inspection of equipment and certify the equipment as safe for use when a crane is subject to a misadventure, or following contact with loads and structures. Read the full WorkSafeBC bulletin.

Consultation on Proposed BC Exposure Limits Based on the
New or Revised 2019 and 2020 ACGIH TLVs for
Selected Chemical Substances
Each year, the American Conference of Governmental Industrial Hygienists (ACGIH) publishes a list of substances for which they have set new or revised Threshold Limit Values (TLVs). A TLV is the airborne concentration of a chemical substance where it is believed that nearly all workers may be exposed over a working lifetime and experience no adverse health effects. TLVs may be expressed as an 8-hour time-weighted average (TWA), 15-minute short-term exposure limit (STEL), or ceiling limit.

Before adopting new or revised TLVs published by the ACGIH, WorkSafeBC reviews relevant data on health effects and the availability of validated sampling methods. WorkSafeBC also consults with stakeholders on potential implementation issues. WorkSafeBC's existing B.C. Exposure Limits (ELs) continue to be in effect until the Board of Directors makes a decision on which new or revised ACGIH TLVs to adopt as B.C. ELs. See additional information on WorkSafeBC's EL review process. Feedback will be accepted until 4:30 p.m. on Friday, January 20, 2023. Read the full article on WorkSafeBC. 

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

• Residential Care Facilities Staff Information Collection – December 16, 2022 (PDF, 425KB)
  • Schedule 1 Information of Staff – December 16, 2022 (PDF, 104KB)

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

OHS Policies/Guidelines – Updates

Guidelines – Workers Compensation Act

January 1, 2023

Editorial revisions were made to the following guideline:

• Part 2 Division 12 – Enforcement
  • G-P2-94-1 OHS citations

Guidelines – Occupational Health and Safety Regulation

January 1, 2023

Editorial revisions were made to the following guideline:

• Part 7 Radiation
  • G7.33-1 Cold exposure

Policies – Workers Compensation Act

January 1, 2023

The following policies were updated to reflect CPI adjustments, effective January 1, 2023:

• 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

Visit the WorkSafeBC website to explore these and previous updates.