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Vol: VIII – Issue: V – May 2015 | |
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ENVIROFOR NEWS: Annotations Icons Now Visible |
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FEDERAL LEGISLATION — For notification of federal amendments, we recommend you use our Section Tracking ![]() |
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[ Previous Reporters ] |
ENERGY AND MINES NEWS | ||
No Aboriginal Title Required: BC Court of Appeal Allows Rio Tinto Alcan Inc. (Alcan) operates the Kenney Dam, located near the geographic centre of British Columbia, to power Alcan's aluminum smelter near Kitimat, BC. In 2011, Saik'uz and Stellat'en commenced an action against Alcan alleging the company's operation of the dam created a nuisance and breached the First Nations' riparian rights within an area over which they claimed Aboriginal title. Neither Saik'uz nor Stellat'en holds a treaty and neither First Nation has proven aboriginal title. In response, Alcan sought an order to, among other things, have the court strike out the First Nations' notice of civil claim. Read the full article by Jason Fisher, R.P.F. and Jeff Waatainen with DLA Piper. LNG Industry in BC Threat to Environment Geoscientist David Hughes, in a study for the Canadian Centre for Policy Alternatives, warns that LNG is far from the clean fuel that the BC government portrays it to be. Water filling the equivalent of nearly 22,000 Olympic-sized swimming pools a year would be required in the industry's fracking process in drilling for natural gas in northeast British Columbia, he said. "Almost all of BC's future gas production is expected to involve fracking, which requires much more water and produces much more greenhouse-gas emissions than conventional drilling," Mr. Hughes said in his 50-page report to be released [May 26th]. "A major public concern is the amount of water and the chemicals and other additives used in the fracking process, as well as the potential for contamination of surface water through surface casing failures and improper disposal of fracking waste water." View the full article on The Globe and Mail website. Exports Won't Hurt Canada's Energy The criticisms, in a geologist's report released [May 26th] by the Canadian Centre for Policy Alternatives, focused on how the production levels of proposed LNG plants would outpace the sector's ability to supply them from current, known gas fields. However, the critique doesn't take into account the amount of gas that is becoming surplus because of dropping exports to the United States, David Keane, president of the BC LNG Alliance, said on [May 27th]. Nor, he said, does it factor in the continued pace of new gas discoveries. "I think that the author is cherry-picking some of the facts," Keane said. "And I think when you look at the amount of gas resources available in British Columbia, there is a tremendous amount of resource available for production and export." Read more at The Vancouver Sun. |
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ENERGY AND MINES | ||
Act or Regulation Affected | Effective Date | Amendment Information |
Carbon Tax Regulation (125/2008) | May 25/15 | by Reg 79/2015 |
Long Term Royalty Agreements Regulation (77/2015) | NEW May 19/15 |
see Reg 77/2015 |
Mineral Tax Costs and Expenditures Regulation (405/89) | May 25/15 | by Reg 85/2015 |
Petroleum and Natural Gas Act | May 14/15 | by 2015 Bill 23, c. 23, sections 44 to 47 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2015 |
FORESTRY AND ENVIRONMENT NEWS | ||
Cumulative Effects Framework Being He made the comment in response to today's release of the auditor general's report, Managing the Cumulative Effects of Natural Resource Development in B.C., given that the recommendations are consistent with the direction government is taking. Cumulative effects are defined by the Province as changes to environmental, social and economic values caused by the combined effect of past, present and potential future activities and natural disturbance events. If not managed, these changes to the environment can compound and eventually harm the environment. Considering the potential of cumulative effects is an effective and environmentally sustainable way to manage natural resource development. Read the full government news release. Private Parties Not Liable for BackgroundRead the full article by Rick Williams and Timothy Bottomer, with the firm Borden Ladner Gervais. Environmental Appeal Board Decisions
Visit the Environmental Appeal Board website for more information. Fisheries Act Private Prosecution Goes Ahead One or the other senior levels of government usually take over private environmental prosecutions, but, as of May 19, 2015, the federal government was still dithering on this one. The entire burden of prosecuting this case may therefore fall on the public-spirited Ms. Burgoon, without help from any level of government. The case was before Justice Richard Hewson of the BC Provincial Court on May 19. Reportedly, the federal prosecutor told Justice Hewson that the federal government had not yet decided whether it would take over the prosecution. Read the full article by Dianne Saxe with Saxe Law Office – Environmental Law. Recent Audits Reveal Wildfire Act Issues "We published 23 audit reports and 12 of those found 24 practices that either didn't comply with provincial forestry legislation, or were not considered good practice," said board chair Tim Ryan. "Of most concern is the trend we are seeing in problems related to the Wildfire Act and the requirements to prevent wildfires on logging sites." Read the full article published by the FPB. Forest Act Amendments |
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FORESTRY AND ENVIRONMENT | ||
Act or Regulation Affected | Effective Date | Amendment Information |
Closed Areas Regulation (76/84) | May 26/15 | by Reg 95/2015 |
Forest Act | May 28/15 | by 2015 Bill 25, c. , sections 2 to 7, 9, 13, 14, 18, 20, 21, 25 and 28 only (in force by Royal Assent), Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2015 |
Land Surveyors Act | May 28/15 | by 2015 Bill 25, c. , section 45 only (in force by Royal Assent), Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2015 |
Limited Entry Hunting Regulation (134/93) | May 26/15 | by Reg 95/2015 |
Motor Vehicle Prohibition Regulation (196/99) | May 6/15 | by Reg 68/2015 |
May 26/15 | by Reg 95/2015 | |
Wildlife Act Commercial Activities Regulation (95/2015) | May 26/15 | by Reg 95/2015 |
Wildlife Management Area Use and Access Regulation (24/2015 | May 6/15 | by Reg 68/2015 |
Woodlot Licence Planning and Practices Regulation (21/2004) | May 4/15 | by Reg 64/2015 |
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