Ontario Launches Largest Competitive
Energy Procurement in its History
On August 28, 2024, the Government of Ontario launched its Second Long-Term Procurement (the "LT2 Procurement"). The LT2 Procurement is described by the Government of Ontario as the largest competitive energy procurement in the province's history, and builds on the province's plan to procure up to 5,000 megawatts of energy.

The press release announcing the launch of the LT2 Procurement identifies two initial, key dates. Read the full article by Stephen Furlan, Zachary Masoud, Gurvir Sangha and Justin Parmer with McCarthy Tétrault LLP.

Fill 'Er Up! Reservoir Filling Begins on BC's Site C Hydro
Crown provincial utility BC Hydro has begun filling the 1.1 GW Site C Clean Energy Project reservoir in northeast British Columbia after completing all necessary construction. Filling the reservoir allows the generating station, spillways, turbine, and generators to begin operating, marking a significant milestone for Site C, which is now more than 85% complete, per BC Hydro.

It will take two to four months to fill the Site C reservoir, as water levels rise between 30 cm and 3 m each day. BC Hydro considered filling the reservoir last fall, one year ahead of schedule, but determined critical work areas needed to be completed first, including Site C's approach channel, spillway gates and powerhouse intake gates. Read the full article by Paul Gerke in the Hydro Review.

Nisg̱a'a-Backed Pipeline to Begin Early Work This Month
The dust has not yet settled on the $14.5 billion Coastal GasLink pipeline construction project, and regulators are turning their attention to another multibillion-dollar B.C. natural gas pipeline proposal.

The Prince Rupert Gas Transmission (PRGT) pipeline and its associated Ksi Lisims LNG project north of Prince Rupert are shaping up to be B.C.'s next energy mega-projects, at a scale similar to the Coastal GasLink (CGL) pipeline and $18 billion LNG Canada project in Kitimat.

With an estimated capital cost of $9.4 billion, Ksi Lisims – a floating LNG plant – would produce 12 million tonnes of liquefied natural gas annually (compared to LNG Canada's 14 million tonnes). It does not yet have an environmental certificate, and is still making its way through the BC Environment Assessment Office (EAO) review process. Read the BIV article.

Updates to Natural Resource Taxes
The following update to natural resource taxes was recently posted:

Royalty transition 2022–2024

• August 30, 2024
  The B.C. oil and natural gas royalty transition web pages have been updated to reflect that the royalty framework transition period has been extended until December 31, 2026 and the new royalty framework will take effect January 1, 2027. The transition period has new provisions for new and existing wells, including for oil wells and dry gas wells with a spud date on or after September 1, 2024.

For more information, visit the BC government website.

BC Energy Regulator Announcements
The following BC Energy Regulator announcements were posted recently:

• TU 2024-10 – Details of Halfway River First Nation Landscape Planning Pilot Released
• TU 2024-11 – Guidance for Energy Industry Following the Gundy Complex HV1-C Plan
• TU 2024-12 – New Associated Activity Type for Offsets Added to the Application Management System
• TU 2024-13 – Direction for the Implementation of the Northeast District Cumulative Impacts (Treaty 8) Order
• TU 2024-14 – Changes to Reporting and Management of Incidents

Visit the BC-ER website for more information.

B.C., 'Na̲mg̲is Endorse Gwa'ni Land-Use
Planning Recommendations
A new collaborative approach to land-use planning on northern Vancouver Island will help protect 'Na̲mg̲is First Nation cultural values and biodiversity, while providing operational clarity for the forest industry within 'Na̲mg̲is territory.

Developed through a government-to-government process between the Province and 'Na̲mg̲is, the Gwa'ni Land Use Plan (LUP) introduces modifications to the existing Vancouver Island Land Use Plan (VILUP).

"This collaboration between 'Na̲mg̲is and the Province preserves First Nations cultural values and protects the important ecosystems of the Nimpkish River watershed, while also incorporating the needs of the forestry sector and communities of the north Island now and in the future," said Nathan Cullen, Minister of Water, Land and Resource Stewardship. Read the government news release.

Occupational First Aid Regulatory Change Update
WorkSafeBC's Board of Directors has approved amendments to Part 3 of the Occupational Health and Safety Regulation, relating to occupational first aid (OFA). These amendments take effect November 1, 2024.

To assist you in preparing for the new requirements, WorkSafeBC is sharing information about the new workplace first aid curriculum and additional resources to help you understand the first aid regulatory changes. Read the full article in the September issue of Forest Safety News.

New Canadian PFAS Reporting Requirements
Canada is a few steps behind the United States in regulating per- and polyfluoroalkyl substances ("PFAS"). However, we are catching up. On July 27, 2024, the Canadian Government published a notice regarding new reporting obligations for manufacturers, importers and users of certain types of PFAS.

Certain Canadian manufacturers, importers and users of the listed types of PFAS are required to submit a report by January 29, 2025, for activities conducted in the 2023 calendar year ("Required Reporters"). Failure to submit a report could result in significant penalties under the Canadian Environmental Protection Act, 1999 ("CEPA"). Read the full article by Alex Sadvari and Jessica Chen with Gowling WLG.

How the Huge Hike in U.S. Tariffs on Canadian
Softwood Lumber Will Impact B.C.
U.S. officials warned Canada in February that its tariffs on Canadian softwood lumber would increase, but a final decision on Tuesday that nearly doubled them was a body blow to an already challenged industry.

The U.S. Department of Commerce announced its decision, which will start being applied to American imports of Canadian lumber almost immediately, to increase the total tariffs to an average rate of 14.54 per cent from 8.05 per cent a year ago. Read the Vancouver Sun article.

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

Water Sustainability Act

• Arnold Cottrell v. Bryan Robinson, Deputy Comptroller of Water Rights [Summary Dismiss for Lack of Jurisdiction – Appeal Dismissed]

Wildlife Act

• Cassidy Caron v. Logan Wenham, Ministry of Forests [Final Decision – Appeal Dismissed]

Visit the Environmental Appeal Board website for more information.

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

Wildfire Act

• Canadian National Railway Company v. Government of British Columbia [Preliminary Decision Regarding an Application for Document Production – Granted in Part]

Visit the Forest Appeals Commission website for more information.

New Workplace First Aid Requirements 
On November 1, 2024, amendments to the  Occupational Health and Safety Regulation for occupational first aid will come into effect. These amendments align the OHS Regulation with standards set by the Canadian Standards Association (CSA). To meet the new requirements, BC employers will need to review their current first aid plans and adjust them if necessary. "We continue to work toward implementation of the upcoming changes to workplace first aid requirements," says senior prevention advisor, Diana Janke. "Over the past few months, we have launched the new workplace first aid curriculum. We also published several resources to help employers determine their minimum levels of first aid under the new requirements." Read the full article by Steven Gilstead in the Fall 2024 edition of WorkSafe Magazine.

19-Year-old Firefighter's Death Caused by    
'Multiple Violations' against OHSA
The death of a 19-year-old firefighter in British Columbia was caused by multiple violations against the province's Occupational Health and Safety Act (OHSA), according to WorkSafeBC. Devyn Gale died on July 13, 2023. She was struck and trapped by a falling tree while clearing brush near a small fire. She was a member of the approximately 1,600-strong team of the BC Wildfire Service. In its investigation, WorkSafeBC found no evidence that the employer had not completed a dangerous tree assessment on the burning cedar at the site before the workers began their work, according to a Global News report. Read the full article by Jim Wilson on Canadian Occupational Safety.

Upcoming Regulation Changes to 
Improve Tower Crane Safety
In 2021, a tower crane collapse in Kelowna took the lives of five workers, and earlier this year several crane-related incidents occurred, including a fatal incident in Vancouver that claimed the life of a worker. Since that time, comprehensive work has been done across the industry to bring more awareness, education, and resources to those working with tower cranes. We spoke to WorkSafeBC's Provincial Crane Inspection Team supervisor Jason Baia about a risk reduction strategy for tower cranes and a new regulation coming into effect on October 1, 2024. Read the full article by Tanya Colledge in the Fall 2024 edition of WorkSafe Magazine.

BOD decision: Permanent Disability Evaluation
Schedule Policy Updates – Ongoing Review
– from WorkSafe BC
On July 11, 2024, WorkSafeBC's Board of Directors approved amendments to the Permanent Disability Evaluation Schedule (Appendix 3) of the Rehabilitation Services & Claims Manual, Volume II, to enhance clarity and administrative efficiency for the loss of strength rating process. The amended policies apply to all decisions made on or after September 1, 2024

OHS Policies/Guidelines – Updates

September 3, 2024

Workers Compensation Act

Online platform workers (app-based ride-hail and delivery services workers)
The following sections of the Act are enacted or amended in accordance with the Labour Statutes Amendment Act, 2023, effective September 3, 2024.

• Part 1 Division 1 – Interpretation
  • Section 1 Definitions (amended)
  • Section 1.1 Online platform workers (enacted)
• Part 2 Division 15 – Regulations for OHS and Other Purposes
  • Section 109 Lieutenant Governor in Council regulations (amended)

The Online Platform Workers Regulation also came into effect on September 3, 2024, in accordance with Order in Council No. 341.

Visit the WorkSafeBC website to explore this and previous updates.