Supreme Court Dismisses Appeal of
Trans Mountain Pipeline Approval
The Supreme Court of Canada will not hear a new appeal from British Columbia First Nations over the Trans Mountain pipeline expansion. The court on Thursday [July 2] dismissed the appeal from the Squamish Nation, Tsleil-Waututh Nation, the Ts'elxweyeqw Tribes and Coldwater Indian Band, effectively ending the years-long legal battle over the project. As is customary, the court did not give reasons for its decision. Read the full article in the Financial Post. 

Frustration and Force Majeure: Unexpected
Events and Contractual Non-compliance
While public health and economic issues are ubiquitous in the media's coverage of COVID-19, the pandemic also raises a mind-boggling array of legal issues. Indeed, issues of legal liability are often connected to the consequences of COVID-19 for public health and the economy. For example, the Government of BC's Public Health Officer issues orders to protect public health through potential legal liability on account of noncompliance, and that potential liability may constrain economic activity.

Issues of legal liability associated with COVID-19 are not, of course, limited to the realm of public regulation, but also arise in the context of the legal relationships among private parties. Contracting parties may fail to meet their obligations to one another on account of the pandemic. In these circumstances, the question quickly becomes: what legal remedies are potentially available to provide relief from liability for such a failure? Read the full article by Jeff Waatainen in the Summer 2020 issue of BC Forest Professional magazine.

Modernized Contaminated Sites Regime
Coming to British Columbia
On June 9, the Ministry of Environment and Climate Change Strategy in British Columbia made Ministerial Order No. 182 (MO 182), which amends the Contaminated Sites Regulation (CSR) to align with Bill 17, the Environmental Management Amendment Act (Bill 17). Together, these amendments alter the contaminated site identification process in BC.

Bill 17 was approved in May of 2019 after a multi-year review and consultation process that identified a number of weaknesses in the contaminated site regime. The amendments will take effect on February 1, 2021, and are intended to streamline site identifications while capturing contaminated sites that were previously left unregulated. Bill 17 makes the following notable changes to the Environmental Management Act:

• Replaces the term "site profile" with "site disclosure statement."
• Simplifies the conditions under which a site disclosure statement is required to be submitted.
• Requires that a site disclosure statement be submitted to the registrar as opposed to the director, to streamline the collection of information.
• Adds responsibilities of the "operator of the property" in addition to existing responsibilities of the "owner of the property," to ensure the person associated with the contaminated site is captured in the disclosure requirements.

Read the full article by Max Collet with Norton Rose Fulbright Canada LLP. 

Environmental Appeal Board Decisions
There was one Environmental Appeal Board decision in the month of June:

• GFL Environmental Inc. v. District Director, Environmental Management Act [Interim Relief Application #3 – Date Variations Granted]

Visit the Environmental Appeal Board website for more information.

BC Implementing New Safety Measures for
Seasonal Domestic Fruit Pickers
British Columbia is providing funding for the Okanagan communities to help with the annual arrival of seasonal fruit pickers and to better protect workers', employers' and communities' health and safety with respect to COVID-19. Through the investment, the government is helping set up designated campsite accommodations and ensure they meet health and safety requirements as outlined by the provincial health officer. Read the full article published by Canadian Occupational Safety. 

Consultation on Proposed Amendments to Part 8 of the
Occupational Health and Safety Regulation
from WorkSafeBC:
Our Policy, Regulation and Research Division is requesting feedback on proposed amendments to Part 8, Personal Protective Clothing and Equipment, section 8.11(1) – safety headgear, of the Occupational Health and Safety Regulation. The consultation phase provides stakeholders an opportunity to share feedback prior to the proposed amendments being taken to public hearing. Read the full WorkSafeBC news release.