BC Government Creates Hydrogen 
Office to Woo Energy Investors
Province has 40 hydrogen projects proposed or under construction.
The government of British Columbia has launched a new office to oversee the expansion of certain energy projects in the province. Premier John Horgan announced the creation of the B.C. Hydrogen Office during a Thursday [March 31] press conference. He said it will act as a "one-stop shopping" spot for hydrogen project investors looking to do business in the province. The plan is also for office staff to help streamline decisions on hydrogen projects and proposals. There are currently 40 hydrogen projects proposed or under construction in BC right now. According to the province, they represent $4.8 billion in proposed investment. Read the CBC article.

Vaughn Palmer: Secrecy over Site C Could Be
Why NDP Willing to Cut Deal with First Nation
Opinion: West Moberly First Nations had won access to a secret government report on Site C. Now a lawsuit that would've discussed parts of that report is on hold pending negotiations.
BC Hydro’s latest update on Site C includes major news on the litigation front, with the adjournment of a legal action that was expected to shine an unflattering spotlight on the controversial project. Read the Vancouver Sun opinion article.

Provinces Release Strategic Plan
for the Deployment of SMRs
On March 28, 2022, the governments of Ontario, Saskatchewan, New Brunswick and Alberta (the “Provinces”) agreed to a joint strategic plan (the “Strategic Plan”) that outlines the path forward for small modular reactors (“SMRs”) in the Provinces. As noted in our 2022 Power Perspectives publication, the Strategic Plan represents the third and final deliverable identified by the Provinces in their interprovincial memorandum of understanding on SMR development (the “Inter-Provincial MOU”). The Inter-Provincial MOU was first agreed to by the governments of Ontario, Saskatchewan and New Brunswick in December 2019, with Alberta joining the group in April 2021. Through the Inter-Provincial MOU, the Provinces agreed to collaborate on the advancement of SMRs as a clean energy option to address climate change and regional energy demands, while continuing to support economic growth and innovation. Read the full article by Chris Boettcher, Audrey Bouffard-Nesbitt, Gaetan Thomas, Stephen Furlan and Sean C. O’Neill with McCarthy Tétrault LLP.

Recent BCOGC Bulletins
The BCOGC has recently issued the following bulletin:

• INDB 2022-06 – Cyber Security Threat Heightened

Majority of First Nations Agree to Old Growth Deferrals
Of the 188 First Nations who responded so far to the BC government's request for a response to its plans to protect at-risk old growth forests from logging, 75 have agreed with the deferral plan, according to the Ministry of Forests. Seven have said no to the plan, and more than 60 said they want more time before responding to the government's plan to make old growth off limits to logging in their traditional territories. Originally, in November 2021, when the BC government announced its plans for a moratorium on old growth logging, it announced 2.6 million hectares of old growth forest would be "deferred." Read the BIV article.

Wildlife Amendment Act Introduced
Bill 14, the Wildlife Amendment Act, 2022 was introduced in the legislature on March 9. The proposed amendments are intended to address First Nations concerns by making it a requirement to consider and protect relevant Indigenous knowledge. It also introduces a process to recognize traditional practices and hunting agreements between First Nations.

A New Tool for Victims of Environmental Contamination
The BC Supreme Court has provided some guidance on injunctive relief available in environmental contamination cases. In Ward v. Cariboo Regional District, the plaintiffs owned a rural residential property near Williams Lake that used a gravity sewage system operated by the Cariboo Regional District. The property suffered from two floods in 2015 and 2020, which resulted in raw sewage flooding the property. After the first flood, the District paid to restore the plaintiffs' basement and chlorinate the plaintiffs' well, but they did not take any steps to remove the sewage from the pasture or ponds. The District denied liability for the second flood. Read the full article by Richard E. Bereti and Nicola Virk with Harper Grey LLP.

BC Climate Plan Fails to Detail How It Will Hit
Emission Targets, Allege Court Documents
A B.C. environmental group has launched a judicial review against the provincial government alleging it has failed in its legal duty to disclose detailed emission reduction plans to fight climate change. In court documents filed March 30, 2022, in the Supreme Court of British Columbia, Sierra Club BC took aim at the province's CleanBC Roadmap to 2030, released last year as part of the Ministry of Environment and Climate Change Strategy's plan to cut emissions by 40 per cent by 2030. Read the BIV article.

Taan Forest Ltd. Partnership & Taan Forest Ltd. –
TFL 60 and FLC A87661
An audit of Taan Forest Limited Partnership's tree farm licence 60 and Taan Forest Ltd.'s forest licence A87661 on Haida Gwaii has found the company complied with almost all requirements of the Forest and Range Practices Act (FRPA) and the Wildfire Act. The audit examined forestry activities carried out between September 2019 and September 2021. Activities included harvesting on 36 cutblocks, construction of 45 kilometres and maintenance of more than 1,700 kilometres of road, planting on 54 cutblocks and ensuring forests are regenerating on more than 170 cutblocks. These activities were assessed for compliance with FRPA, the Wildfire Act, applicable regulations and legal orders. Read the full Forest Practices Board news release.

March Forest Safety Newsletter
The 2022 spring edition of the FSN is now available for downloading.

Changes to Lasqueti Island and Mt Wesley
Region Scenic Areas and VQOs
Effective March 15, former scenic areas and Visual Quality Objectives (VQOs) for Lasqueti Island and the Mount Wesley region were cancelled. New scenic areas and VQOs were established for both as set out in the maps attached to Ministerial Order No. 77/2022. View these and other South Island Natural Resource District Ministerial orders and maps made under the Government Actions Regulation on the Quickscribe EnviroFor site here.

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

Wildlife Act

• Mountainside Quarries Group Inc. v. Resource Manager, Ministry of Forests, Lands, Natural Resource Operations and Rural Development [Summary Dismissal – Dismissed]

Forest Appeals Commission Decisions
The following Forest Appeals Commission decisions were made recently:

Wildfire Act

• North Enderby Timber Ltd. and Canadian Cedar Oil Technologies Ltd. v. Government of British Columbia [Final Decision – Appeals Allowed in Part]

Visit the Forest Appeals Commission website for more information.

Proposed Policy Amendments Regarding
Industry Group Movement
WorkSafeBC adopted a new rate-setting model on January 1, 2019. Policy changes are needed to align policy with the current model and ensure WorkSafeBC’s timely ability to place and move industry groups into appropriate rate groups. Our Policy, Regulation and Research Department is releasing a discussion paper, with options on proposed amendments to policy relating to industry group movement, for public consultation. You’re invited to provide feedback on the options until 4:30 p.m. on Friday, June 3, 2022. Read the full news release and discussion paper published by WorkSafeBC.

Keep Wearing Masks, Advise Researchers
A group of researchers advising the Canadian government is recommending that workers and the general population continue to wear face masks even if provincial governments have been lifting this restriction. According to the Coronavirus Variants Rapid Response Network (CoVaRR-Net), the BA.2 subvariant is expected to soon start spreading across Canada, and therefore mask use is important, CBC reported. Read the full article by Jim Wilson with Canadian Occupational Safety.

Workers Compensation Act Amendments for
Asbestos Safety Now Partially in Force
As reported last month, amendments to the Workers Compensation Act were introduced in Bill 5, the Workers Compensation Amendment Act, 2022. These amendments establish a requirement for asbestos abatement contractors to be licensed to operate in BC, and authorize WorkSafeBC to create a mandatory safety training program for workers and contractors who work with materials that may contain asbestos. The bill received Royal Assent on March 10.

Creating a Mentally Healthy Workplace
COVID-19 has brought to the forefront the need for employers to prioritize wellness and mental health in the workplace – both to ensure workplace safety and promote productivity and job satisfaction. Under human rights legislation, employers must also accommodate mental disabilities. While not intended to provide an exhaustive review, employers should bear in mind the following factors when dealing with mental health issues in the workplace, whether brought on by the pandemic or otherwise: Read the full article by Michael Murphy published on the Canadian Bar Association National.

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

Orders:

• Workplace Safety Order – March 10, 2022 (PDF, 395KB)
• Food and Liquor Serving Premises – March 10, 2022 (PDF, 490KB)
• Gatherings and Events – March 10, 2022 (PDF, 499KB)​
• Health Professionals COVID-19 Vaccination Status Information and Preventative Measures – March 7, 2022 (PDF, 457KB)
• Medical Deferral Form – March 23, 2022 (PDF, 693KB)

Notices:

• Notice of Repeal of the Overnight Camps for Children and Youth Order – March 11, 2022 (PDF, 194KB)
• Notice of Repeal of the Post-Secondary Institution Housing Preventive Measures Order — March 11, 2022 (PDF, 215KB)
• Notice of Repeal of the Face Coverings Order — March 10, 2022 (PDF, 232KB)

• Guidance for Courthouse Users During the COVID-19 Pandemic – March 24, 2022 (PDF, 384KB)
• Ministry of Health – Overview of Visitors in Long-Term Care and Seniors’ Assisted Living – March 18, 2022 (PDF, 589KB)

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

OHS Policies/Guidelines – Updates

March 1, 2022

• 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 1, 2022). Deletions are shown as strikethrough; other changes are highlighted in green.

March 10, 2022

The following guidelines were retired:

• Part 6 Chemical Agents and Biological Agents – Pesticides
  • G6.83 Equipment - Mobile equipment
  • G6.85 Posting warning signs

March 1, 2022

This update includes amendments (to the Table of Exposure Limits for Excluded Substances) effective March 1, 2022. A strikethrough version of the amendments is also available.

• R5.48-1 – Controlling Exposure – Exposure Limits