New Hydrogen Facility Regulation in Force
On April 1, the new Hydrogen Facility Regulation came into force. As we wrote in the previous Reporter, this new Regulation establishes two classes of hydrogen manufacturing facilities that are not co-located with a facility for manufacturing ammonia or methanol:

• Class 1 Hydrogen Facility, having an aggregate weight of hydrogen less than 4.5 tonnes, and
• Class 2 Hydrogen Facility, having an aggregate weight of hydrogen equal to or more than 4.5 tonnes, with a capacity to produce less than 100,000 tonnes of hydrogen per year.

The Regulation outlines the processes for application, permitting, operation, emergency management and decommissioning for both classes of hydrogen facilities.

The application process for smaller facilities with minimal potential impacts on public safety and the environment will be simplified and focused on well-established standards used widely in the hydrogen industry. Larger, more complex projects will see an approach similar to other major projects regulated by the BCER.

Read the information update provided by Geoff Turner, Executive Director, Energy Transition and Intergovernmental Relations with the BC Energy Regulator.

British Columbia Introduces Changes to
Mineral Claims Registration
The British Columbia Ministry of Mining and Critical Minerals ("Ministry") has confirmed that the new Mineral Claims Consultation Framework ("MCCF") took effect yesterday, on March 25, 2025. The MCCF had initially been released in draft form on January 7, 2025 for consultation with industry and Indigenous communities. The Ministry has published both an MCCF policy and MCCF consultation guidance and updated the Mineral Titles Branch website to reflect the changes.

The MCCF, which replaces the automated mineral claim registration system with a new application-based process, responds to the 2023 British Columbia Supreme Court ("BCSC") ruling in Gitxaala v British Columbia (Chief Gold Commissioner) ("Gitxaala"), and seeks to ensure that the Province of British Columbia (the "Province") fulfills its duty to consult in respect of the registration of mineral and placer claims.

In Gitxaala, the BCSC determined that the Province was required to revise its current mineral tenure regime to facilitate consultation with Indigenous groups prior to registration. The decision provided the government 18 months, until March 26, 2025, to consult and design such a regime. An overview of the Gitxaala decision can be read in our 2024 Mining in the Courts Year in Review publication. Read the full article by Daniel Bornstein, Daphne Rodzinyak, Rachael Carlson and Gwenyth Wren with McCarthy Tétrault LLP.

Carney Kills the Fuel Charge: Impacts
on the Oil and Gas Sector
Mark Carney wasted no time after being sworn in as Prime Minister of Canada on Friday, dismantling the federal consumption-based carbon tax, the fuel charge, by way of an order-in-council on the same day. The new Federal Government described the policy as part of changes "…refocusing pollution pricing on industrial carbon pricing by effectively eliminating the fuel charge and removing the requirement for a consumer carbon price." Notably, the Output-Based Pricing System (OBPS) will remain, and it is only the regulatory Fuel Charge being removed. This raises questions about the future regulation of industrial facilities, how the price on carbon will be impacted over time, and if there can still be a reduction on emissions in Canada.

The changes were implemented by way of amendments to the Fuel Charge Regulations and were in effect as of Friday March 14, 2025. Read the full article by Owen Clarke and Laura Jochimski with Borden Ladner Gervais LLP.

New Direction Ensures Affordable,
Stable Electricity Rates
In response to the economic and trade uncertainty faced by people and businesses across British Columbia, the Province is taking action to provide stability in BC Hydro's electricity rates during these unpredictable times, while keeping rate increases below cumulative inflation.

"We must take urgent action to protect British Columbians from the uncertainty posed by rising costs while building a strong, robust and resilient electricity system for the benefit of B.C.'s long-term energy independence," said Adrian Dix, Minister of Energy and Climate Solutions. "That is why we are submitting a rate stability direction to the B.C. Utilities Commission to set BC Hydro's rate increases for the next two years. This move guarantees certainty and reaffirms our commitment to keeping electricity rates well below the North American average and cumulative inflation, while growing our clean-energy advantage." Read the BC government news release.

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

Mining taxes

• March 4, 2025
  The provincial government announced its 2025 Budget on March 4, 2025. As a result, amendments to the mineral tax were made. Learn more at B.C. Provincial budget tax changes.

For more information, visit the BC government website.

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

• IU 2025-03 – Hydrogen Facility Regulation Introduced
• TU 2025-03 – New Notification Process to Streamline Minor Well Changes
• TU 2025-04 – Changes to Post-Incident Management in CM-IS
• TU 2025-05 – Updates to Streamline Facility Changes
• TU 2025-06 – Reporting of Produced Well Fluids

Visit the BC-ER website for more information.

Province to Strengthen Invasive Species Legislation
The Province is proposing key amendments to the Wildlife Act in this Spring's legislative session to address the spread of aquatic invasive species. Once enacted, the proposed amendments will enable the Province to create regulations under the Wildlife Act to:

• Prohibit the transport of watercraft over land with the drain plug in place.
• Require inspection of all watercrafts entering BC from another jurisdiction prior to being launched in provincial waters.
• Require vehicles transporting watercraft to stop at designated inspection stations.

Read the full article from UBCM.

When, Where, and Why Does FPBC Take
Action on Unlawful Practice?
A recent story in the media has drawn attention to Forest Professionals BC's enforcement actions against an ecologist in Whistler. The story was prompted when another party shared a copy of a cease and desist letter FPBC sent following repeated complaints the ecologist is infringing on a reserved practice that is protected by the Forest Professionals Regulation. The complaints also expressed a concern for the safety of the public, given that the ecologist is publicly advocating for alternative fuel management that is inconsistent with established and proven practices.

FPBC's review of the circumstances substantiated these concerns and identified that the ecologist is not simply expressing a personal opinion but is actively providing professional advice to community organizations in a manner that contravenes provincial law. Given the potential risk to public safety, the concern for the use of appropriate science in the protection of interface communities, and the protection of our reserved practice, this case created an elevated cause for concern.

But before we review the specifics of the matter, it's important to understand the legal context that guides our decisions as a regulator. Our profession has always had protections in place regarding the practice of professional forestry; however, those protections were made more specific at the passing of the Professional Governance Act (PGA). Read the full article by Casey Macaulay and Garnet Mierau in the BC Forest Professional Spring 2025 issue.

Federal Government Publishes State of PFAS
Report and Risk Management Approach
The Government of Canada published the final "State of per- and polyfluoroalkyl substances (PFAS) report" (State of PFAS Report), the "Risk management approach for per- and polyfluoroalkyl substances (PFAS), excluding fluoropolymers" (Risk Management Approach) and a proposed Order adding a toxic substance (the class of PFAS excluding fluoropolymers) to Part 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA) (Proposed Order) in the Canada Gazette on March 8, 2025. These documents are open for public consultation until May 7, 2025.

The State of PFAS Report concludes that the class of PFAS, excluding fluoropolymers, are entering or may enter the environment in a quantity or concentration or under conditions that have or may have immediate or long-term harmful effects on the environment or its biological diversity, and that constitute or may constitute a danger in Canada to human life or health. The publication of the State of PFAS Report and Risk Management Approach follows drafts of these reports originally published in May 2023 and updated in July 2024. Read the full article by Sarah Gilbert, Julia Schatz and Samantha Chenatte with Bennett Jones LLP.

Pest Management Regulatory Agency Opens Pre-Consultation Period
on Proposed Changes to the Pest Control Products Regulations
On March 7, 2025, Health Canada's Pest Management Regulatory Agency (PMRA) published two consultation documents as part of its ongoing work to clarify which categories of pest control products are subject to the Pest Control Products Act (PCPA) and the Pest Control Products Regulations (PCPR) passed under it, which products are exempt and which may be authorized (without registration being required). The PMRA is seeking further stakeholder input on the amendments being proposed. The comment period is open until May 6, 2025. Read the full article by Julia Schatz and Samantha Chenatte with Bennett Jones LLP.

The BC Cumulative Effects Framework:
A Guide for Forest Professionals
Every tree harvested, road built, forest burned, or stream crossed leaves an impact on the land. These impacts may seem isolated at first, but over time they accumulate and can lead to cumulative effects that shape ecosystems, wildlife habitats, and BC's natural resources. But how do we measure these complex cumulative effects? And how can forest professionals use this information to provide advice and make informed decisions?

BC's Cumulative Effects Framework (CEF) was developed to address these needs. Since its establishment in 2016, it has become a leading framework that proactively assesses, reports, and supports the management of cumulative effects from human activities and natural processes using the best available public information. Forest professionals can utilize CEF information including reports, data, and tools to better understand cumulative effects and to incorporate this information into practice.

This article serves as a guide for forest professionals on the use and application of the CEF within your practice. It will explore the key components of the CEF, what type of information is available, and how forest professionals can apply this in their work. Read the full article by Melissa Lucchetta and Darcie Fodor in the Spring 2025 BC Forest Professional.

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

Environmental Management Act

• Consolidated Envirowaste Industries Inc. (The Answer Garden) v. Director, Environmental Management Act [Final Decision – Allowed In Part]
• Kask Venture Corp. v. Director, Environmental Management Act [Settlement Order – Appeal Abandoned Without Costs]

Water Sustainability Act

• Glenda Centrone v. Assistant Water Manager [Dismissal Order – Appeal Dismissed]
• Paradise Hixon Motel Ltd. v. Assistant Water Manager [Summary Dismissal Decision – Appeal Dismissed]
• Nicholas Vanderveen, Nelliese Klop, Anna Klop & Luke Neels v. Assistant Water Manager [Dismissal Order – Appeal Dismissed]

Wildlife Act

• Xin Yue Xiao v. Regional Manager, Wildlife Act [Dismissal Order – Appeal Dismissed]

Visit the Environmental Appeal Board website for more information.

Workplace Safety and Criminal Negligence
Most construction projects are inherently risky and failure to adhere to safety protocols can result in criminal liability. In 2004, the Criminal Code was amended to modernize the criminal law's approach to establishing criminal liability of corporations and employees for workplace deaths and injuries, This amendment came into place after 26 miners lost their lives in an explosion in Nova Scotia. Pursuant to these amendments, corporations can be convicted of criminal negligence when:

1. a representative or representatives of the organization acting within the scope of their authority were a party to the offence; and,
2. a senior officer responsible for the aspect of the organization's activities relevant to the offence, departed markedly from the standard of care that could reasonably be expected to prevent the representative from being a party to the offence.

Consequences of criminal negligence include fines for both the individual and the corporation, and up to life in prison. Since 2004, a construction company and its employees have only been charged with criminal negligence three times in BC. A criminal negligence trial was recently heard in BC Supreme Court. Read the full article by Satinder Sidhu and Simon Wu with Clark Wilson LLP.

2025 New or Revised ACGIH Threshold Limit Values and
BC Exposure Limits (January)
from WorkSafeBC:
The Occupational Health and Safety Regulation provides that, except as otherwise determined by WorkSafeBC, an employer must ensure no worker is exposed to a substance exceeding the Threshold Limit Values (TLVs) prescribed by the American Conference of Governmental Industrial Hygienists (ACGIH).

Twice a year, the ACGIH publishes a list of substances for which they have set new or revised TLVs. When WorkSafeBC adopts the new or revised ACGIH TLVs as regulatory exposure limits for chemical substances, these exposure limits are referred to as B.C. Exposure Limits (ELs).

An EL is the maximum allowed airborne concentration for a chemical substance for which it is believed that nearly all workers may be exposed over a working lifetime and experience no adverse health effects. ELs may be set out as an 8-hour time-weighted average concentration, a 15-minute short-term exposure limit, or a ceiling limit. Read the full news release by WorkSafeBC.

Emergency Planning for Hazardous Substances
Amendments to Part 5 of the Occupational Health and Safety Regulation came into effect on February 3, 2025. These amendments provide clarity and specify what emergency plans must include. "Emergencies can happen suddenly and without warning," says Diana Janke, senior prevention advisor. "The more prepared you are for them, the better you'll be able to respond in a way that reduces the chance of injury."

What it means for employers
BC's employers are already required to develop response plans for emergencies involving hazardous substances. The amendments now require them to:

• Prepare a written emergency response plan that is appropriate to the hazards of the workplace and clarifies roles and responsibilities during an emergency.
• Conduct training and drills annually or when a plan is revised.
• Engage staff in the emergency response plan process.

Read the full article by Steven Gilstead, published in the Spring 2025 WorkSafeBC Magazine.

OHS Advisor: New Support for Employers and Workers
WorkSafeBC has created a new occupational health and safety (OHS) advisor role to expand services for employers and workers.

OHS advisors will assist employers and workers in understanding their requirements under the Workers Compensation Act and the Occupational Health and Safety Regulation and guide them to available tools and resources designed to assist in the development and maintenance of effective health and safety policies and programs.

An OHS advisor can offer guidance and advice on identifying hazards, assessing risks, and implementing compliant health and safety controls in your workplace. They can also help you prepare for new regulatory requirements. OHS advisors are there to provide support and guidance, and unlike WorkSafeBC prevention officers, they do not conduct workplace inspections or issue orders. Read the full article in the March 2025 issue of Forest Safety News.

OHS Policies/Guidelines – Updates

OHS Policies – Occupational Health and Safety Regulation
March 14, 2025
OHS Policy R5.48-1 has been amended (effective March 14, 2025) to reflect the current exposure limits for substances listed on the new or revised Threshold Limit Values for January 2025 from the American Conference of Governmental Industrial Hygienists.

• R5.48-1 Controlling Exposure – Exposure Limits

Guidelines – Occupational Health and Safety Regulation
March 14, 2025

• 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 14, 2025). Deletions are shown as strikethrough; additions and revisions are highlighted in green.

OHS Regulation: Three-point seat belts on mobile equipment
The following amendments to the Occupational Health and Safety Regulation are in effect March 31, 2025 [B.C. Reg. 283/2024].

Part 16 Mobile Equipment

• 16.2 Application (amended)
• 16.21 Seat belts (amended)
• 16.21.1 When minimum 3-point seat belts required (enacted)

Visit the WorkSafeBC website to explore this and previous updates.