While a commendable approach by Canada, how it will be applied in the procurement context remains unclear. Read the full article by Marcia Mills, Kai Alderson and Sabrina Spencer with Fasken Martineau DuMoulin LLP.

Principal Tax Measures from Federal Budget
2023 – Part 3: Clean Energy Initiatives
Budget 2023 – A Made-in-Canada Plan: Strong Middle Class, Affordable Economy, Healthy Future ("Budget 2023") was tabled by the Department of Finance ("Finance") on March 28, 2023 ("Budget Day"). The stated focus of Budget 2023 includes targeted inflation relief, stronger public health care and significant investments towards building Canada's clean economy. Budget 2023 introduced numerous significant income tax proposals touching on personal, business and international income taxation matters.

This post is the third of a three-part series analyzing the principal tax measures in Budget 2023. The first post discussed proposals under the Income Tax Act (Canada) (the "Act") which primarily affected individuals and private companies. The second post summarized income tax measures focussed on public companies and financial institutions. Read the full article by Alexei Paish, Asif Abdulla and Gloria Wang with Thorsteinssons LLP.

B.C. Supreme Court Challenge to Provincial
Mining Claims System Draws to a Close
Gitxaała Nation wants the B.C. Supreme Court to overturn mineral claims the province granted between 2018 and 2020 on Banks Island because it says there was no consultation
Lawyers for the Gitxaała Nation rebutted the provincial government's case Friday as the judicial review of the mining claims system drew to a close.

The First Nation, 60 kilometres south of Prince Rupert in Kitkatla, wants the B.C. Supreme Court to overturn mineral claims the province granted between 2018 and 2020 on Banks Island because it says there was no consultation. Gitxaała says that was a breach of the Crown's constitutional duty to First Nations and contrary to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which B.C. adopted in 2019. Read the BIV article.

Proposed North Vancouver Hydrogen
Plant Goes to Public Hearing
The public will soon have their say on a proposal to capture waste hydrogen from a North Vancouver chemical plant and make it available as clean fuel.

North Vancouver-based hydrogen research and development firm HTEC announced plans last year to purchase the ERCO Worldwide sodium chlorate plant at the foot of Forester Street in the Maplewood area.

Under the proposal, ERCO will continue producing chemicals used by the pulp and paper industry, and HTEC will install a system to capture about 15 tonnes of byproduct hydrogen per day – enough to power about 30,000 vehicles. Read the BIV article.

B.C. Gas Projects Could Triple Emissions
Target By 2030, Finds Report
The approval of several B.C. gas projects could triple the province's emissions targets for the oil and gas sector by the end of the decade unless a hard ceiling is put on the industry's carbon pollution, a new report says.

The report, published last week by the climate research group the Pembina Institute, found that the completion of only two plants – Kitimat's LNG Canada Phase 1 and Squamish's proposed Woodfibre LNG plant – would double B.C.'s 2030 target for the fossil fuel sector. If another four proposed projects were approved without a cap on emissions, greenhouse gases from the production of fossil fuels would likely triple the government's end-of-decade targets. Read the BIV article.

• those using debris pile burning as a means to carry out fire hazard abatement no longer have an exemption from fire control cost recovery orders made by the Crown;
• it may be more difficult to establish a defence of due diligence if a wildfire occurs as a result of debris pile burning;
• fuel breaks are now required around the entire cutblock when carrying out fire hazard abatement; and
• there are new requirements for fire watchers when carrying out "high risk activities".

Read the full article by Erin Hunter with DLA Piper.

Environmental Management Act
Amendments Introduced
Bill 29, the Environmental Management Amendment Act, 2023, was introduced in the legislature on May 8. The bill proposes amendments to the Environmental Management Act intended to ensure that owners of industrial projects with a high risk of pollution are responsible for cleanup and costs for abandoned or contaminated sites. The bill would enable the government to require plans for decommissioning and closing facilities, to decommission and close abandoned facilities, and to recover costs for doing so, subject to regulations. If Bill 29 is passed, the related regulations are expected to be established after engagement and a transitional period.

Recent Changes to BC's Site Identification System
Back in 2021, we posted about the significant changes to BC's site profile system that came into effect that year. At the time, the "old" site profile system was replaced with the new site disclosure system. You can check out that blog post here.

On March 1, 2023, new amendments to the Contaminated Sites Regulation (CSR) were introduced. Most of these amendments addressed changes to the soil relocation regime, but there were a few important tweaks to the CSR dealing with site identification. This blog post will explain these changes and their potential significance. Read the full article by Adam Way with Harper Grey LLP.

Emerging Contaminants Update: Government of
Canada Publishes Draft State of PFAS Report
On May 20, 2023, Environment and Climate Change Canada and Health Canada published a draft State of PFAS Report and Risk Management Scope following a two-year assessment of the fate, sources, occurrence, and potential impacts of per- and polyfluoroalkyl substances (PFAS) on the environment and human health in Canada.

What are PFAS?
PFAS are a class of over 4,700 substances that have a wide range of applications. Common uses of PFAS include surfactants, lubricants, and repellents (for dirt, water, and grease). PFAS can also be found in certain firefighting foams, textiles, cosmetics, non-stick foodware and in food packaging materials.

Read the full article by Diana Weir with Norton Rose Fulbright.

Wildfire Risk Reduction Project in Nelson
an Example of Collaboration
The Selous Creek Wildfire Risk Reduction Project near Nelson, B.C., has demonstrated that it is possible to harvest trees to reduce wildfire risk while maintaining cultural, ecological, recreational, and aesthetic values.

With funding from the Forest Enhancement Society of BC (FESBC) and partnerships among regional, municipal and provincial governments, fire services, and a local timber licensee, a wildfire risk reduction project is a prime example of collaboration to better protect a community. Read the full article published in Canadian Forest Industries (Paywall).

Province Extends Fairy Creek Old-Growth Deferral
Government has approved a legal order to extend the deferral of old-growth harvesting in the Fairy Creek watershed until Feb. 1, 2025.

The extension applies to the same forest lands as those deferred in June 2021 in response to a request from the elected leadership of the Pacheedaht First Nation. The Province and First Nations will continue collaborating on long-term forest ecosystem management of the Fairy Creek watershed, including the management of old-growth forests. Read the government news release.

The Charter's Environmental Challenge
Parliament is considering legislating the right to a clean environment for all Canadians. It shouldn't have to; it's already inherent in the Charter of Rights and Freedoms. The courts, however, must recognize that the right to a clean environment is a prerequisite for other human rights and, therefore, constitutionally protected by inference.

Although novel in Canadian law, this approach has found success internationally and avoids both the pitfalls of the regular legislative process and the sticky problem of a constitutional amendment. The importance of the environment hardly needs to be mentioned. It supports life on Earth, including human life. And yet we don't acknowledge that Section 7 of the Charter, guaranteeing the right to life, liberty, and security of person, is inherently implicated in environmental law decisions? Read the full article by Silas Koulack in the CBA National.

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

Integrated Pest Management Act

• Wartels et al v. Administrator, Integrated Pest Management Act [Stay Application – Denied]

Water Sustainability Act

• Andre and Karen Audet v. Assistant Water Manager [Final Decision – Appeal Dismissed; Order Varied]

Wildlife Act

• Hanna Buchanan and Chad Sjodin v. Logan Wenham, Director of Fish and Wildlife, Ministry of Forests [Summary Dismissal Decision – Appeal Dismissed]
• Michael Schneider v. Director of Fish and Wildlife, Ministry of Forests [Method of Hearing Decision – To Be Heard by Way of Written Submissions]
• Raymond Majerus et al. v. Director of Fish & Wildlife [Method of Hearing Decision – To Be Conducted by Way of Written Hearing]

Visit the Environmental Appeal Board website for more information.

Forest Appeals Commission Decisions
The following Forest Appeals Commission decision was made recently.

Wildfire Act

• Eldon Whalen v. Government of British Columbia [Final Decision – Appeal Dismissed]

Visit the Forest Appeals Commission website for more information.

• the frequencies used to measure hearing loss;
• the methods used to measure hearing loss;
• the ranges of hearing loss in decibels; and
• the percentages of total impairment for hearing loss.

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

• Hospital and Community (Health Care and Other Services) COVID-19 Vaccination Status Information and Preventive Measures – April 6, 2023 (PDF, 542KB)
• Residential Care COVID-19 Preventive Measures – April 6, 2023 (PDF, 495KB)

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

OHS Policies/Guidelines – Updates
Guidelines – Workers Compensation Act
May 23, 2023

Editorial revisions were made to the following guideline:

• Part 2 Division 12 – Enforcement
  G-P2-85-2 Approvals, acceptances, authorizations, or permissions under the OHS Regulation

Act Update – Workers Compensation Act
May 15, 2023

In accordance with section 145 of the Act, Schedule 2 of the Act is amended. [B.C. Reg. 18/2023, effective May 15, 2023]

Guidelines – Occupational Health and Safety Regulation
May 11, 2023

The following guideline was revised:

• Part 7 Radiation
  G7.21 Reproductive hazards