Canada Introduces 2030 Emissions Reduction
Plan and Offset Credit Regulations
Environment and Climate Change Canada (ECCC) has published the Greenhouse Gas Offset Credit System Regulations, the legally binding framework of Canada's first national carbon offset system and a step towards addressing the federal government's emission reduction goals, outlined in the 2030 Emissions Reduction Plan.

We recently wrote about the development of the 2030 Emissions Plan and a federal carbon offset system on February 28, 2022. This Alert serves to update you on more recent developments.

On March 29, 2022, the Government of Canada (GOC) released the 2030 Emissions Reduction Plan. The 2030 Plan is the first version of a series of plans that the GOC will pass as directed by the 2021 Canadian Net-Zero Emissions Accountability Act. In accordance with the requirements of the Act, the federal government is required to provide updated emissions reductions plans in the milestone years of 2030, 2035, 2040, and 2045, the ultimate goal being to cut Canadian emissions to 40 percent below 2005 levels by 2050. Read the full article by Jonathan Fraser, Jennifer Cleall, Q.C., Michael Styczen, P.Eng. and Deanna R. Reitman with DLA Piper.

British Columbia and Tahltan Nation Enter into Landmark
Consent-Based Decision-Making Agreement
On June 6, 2022, the Tahltan Nation and the Province of British Columbia (the Province) entered into the first consent-based decision-making agreement (the Agreement) [PDF] negotiated under B.C.'s Declaration on the Rights of Indigenous Peoples Act (the Declaration Act). The landmark Agreement provides an important precedent for government, industry and First Nations as federal and provincial governments adopt and implement legislation incorporating consent-based decision-making in the project assessment and approval process. Read the full article by Maureen Killoran, QC, Martin Ignasiak, Sander Duncanson, Sean Sutherland and Ashley Light with Osler, Hoskin & Harcourt LLP.

B.C. Mines Ministry Has Improved 'With
Minor Exceptions,' Says Auditor General
British Columbia's auditor general has found that while the government has made progress on environmental oversight of major mining operations, there are concerns about the cost of cleaning them up when they close.

Michael Pickup told a news conference Tuesday that his office found the Mines Ministry has improved its "oversight activities, with minor exceptions."

His report highlights concerns about the costs of closing down large mines, noting the government holds $2.3 billion in securities to reclaim the operations, but the estimate for cleanup is $3.45 billion. Read the CTV News article.

Partial Settlement with West Moberly First
Nation Over $16-billion Site-C Project
In an announcement released Monday [June 27], the province said the deal that includes an undisclosed one-time payment from B.C. Hydro and ongoing payments for 70 years, and 2,000 hectares of land, was a "partial" settlement to West Moberly First Nations' civil claim against the other parties.

West Moberly First Nations chief Roland Wilson said he was not in the mood to celebrate, as the settlement ended their fight to halt the controversial mega-project. Read the Vancouver Sun article.

The Future of Mining: How Will the Mining
Industry Adapt to a Changing World?
In the years ahead, the mining industry will experience unprecedented change on all fronts – particularly as companies embrace new environmental, social, and governance targets. With net zero on the horizon, the mining sector will be leading the exploration and production of critical minerals to meet the demands of new technologies, evolving regulations, and the shifting global economy. Explore the Mining in Focus video series from Gowling WLG.

Fortis B.C., Suncor to Partner on Port
Moody Hydrogen Pilot Project
Fortis B.C. Energy Inc. says it will partner with Suncor Energy Inc. and Hazer Group Ltd. to build a hydrogen pilot project in Port Moody.

The $11-million pilot project will also be supported with grant funding from the provincial government's Clean B.C. Industry Fund.

The project will be located at Suncor's Burrard Terminal site and will produce hydrogen from natural gas. The carbon byproduct produced will be stored as solid synthetic graphite that can be sold for manufacturing or industrial use. Read the Vancouver Sun article.

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

• INDB 2022-08 – Removal of Access to Crown land for Offsite Investigation Application Form
• INDB 2022-09 – Data Issue with Leak Detection and Repair (LDAR) Site Selection
• INDB 2022-10 – Dormancy and Shutdown Regulation Notification and Follow-up Obligations
• INDB 2022-11 – Core Facility Opens for In-Person Bookings in July

Visit the BCOGC website to view this and other bulletins.

The proposed amendments are organized around four key themes: First Nations, Aquatic Habitat, Biodiversity and Wildlife. Specifically, amendments will include an increase in oversight by First Nations of forest planning and harvest activity including stronger protection and stewardship of Indigenous cultural heritage and use of forest resources. Requirements were strengthened for protection of important fisheries watersheds, maintenance of watershed health, and stewardship of fish-bearing rivers and streams and other important aquatic habitats and riparian forests. Improvements in the way Landscape Reserve Designs are being created to enable First Nations to take a stronger role in their development and expedite the protection of important forest values including rare and at-risk old growth. As well, increased requirements for the protection and stewardship of habitat for regionally important wildlife, particularly in relation to grizzly bears, Kermode (Spirit) bears and black bears. Read the full notice in the Gazette Part I, Volume CLXII, No. 23.

Environmental Compliance Audits:
Five Tips to Protect Your Company
With growing attention on Environmental, Social and Governance initiatives and escalating penalties for non-compliance with environmental laws, it is all the more important for companies to ensure compliance with environmental regulatory requirements. One way your company can satisfy stakeholders while appropriately managing risks of potential enforcement is to conduct a regular Environmental Compliance Audit ("ECA".) In this article we discuss the key features of ECAs and their rising importance in managing your company's environmental compliance and risk. Read the full article by Mark Youden, Harry Dahme, Wally Braul, Maya Stano and Quinn Rochon with Gowling WLG.

Government Enforcement of Old Tree
Harvesting on a Quadra Island Woodlot
In the spring of 2020, a Quadra Island resident (the complainant) noticed that old trees had been harvested in woodlot licence W2031. The complainant believed that the woodlot licensee was not permitted to harvest old trees, therefore filed a complaint with the Compliance and Enforcement Branch (CEB) of the Ministry of Forests in the spring of 2021.

CEB looked into the matter and found that the licensee had harvested the old trees legally. Visit the Forest Practices Board website to read this article and obtain access to the full report.

Interior Appraisal Manual Amendments
Quickscribe is in the process of consolidating the latest changes to July 1st 2022 version of the Timber Pricing Branch publication – Interior Appraisal Manual. We anticipate having these changes published and available for you to view by this Friday, July 8th, so feel free to check back then to view the latest version.

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

Environmental Management Act

• Norman Tapp v. Director, Environmental Management Act [Final Decision – Appeal Dismissed]
• West Coast Reduction Ltd. v. District Director, Metro Vancouver Regional District [Consent Order – Permit Amended]
• Peace River Coal Inc. v. Director, Environmental Management Act [Preliminary Decision on Method of Hearing – To Proceed By Way of Written Submissions]
• Gibraltar Mines Ltd. v. Director, Environmental Management Act [Preliminary Decision: Request for Order – Granted]
• Beacon Pacific Properties Ltd. v. Director, Environmental Management Act [Application For Dismiss – Granted; Appeal Dismissed]

Integrated Pest Management Act

• Dr. Evan Frangou, Diana Smardon, Jane Elizabeth Rollins, Joanna Wilkinson, Karen Forbes, Louise Sawyer, Kelly Lahti, and Katy Young v. Administrator, Integrated Pest Management Act [Preliminary Decision – Appeals Summarily Dismissed]

Mines Act

• Sunrise Resources Ltd. v. Chief Inspector of Mines [Preliminary Decision on Limitation Period – Invalid In Part]

Water Sustainability Act

• Judith Goplen v. Assistant Water Manager [Final Decision – Appeal Dismissed]

Wildlife Act

• Timothy James v. Deputy Regional Manager, Regional Fisheries and Wildlife Programs [Consent Order – Resolved]

Visit the Environmental Appeal Board website for more information.

Forest Appeals Commission Decisions
No Forest Appeals Commission decisions were made recently.

11 Ways Natural Lighting Increases  
Safety in the Workplace
While working in natural lighting is not a privilege afforded to every worker, it potentially should be because there are multiple advantages. Certainly this is something that OHS professionals may want to consider as there are many ways in which natural lighting can increase health and safety in the workplace. A recent Harvard Business Review story shared research by its HR advisory firm, Future Workplace, called ‘The Employee Experience'. The research revealed that employees want natural light. Polling 1,614 workers, the study found that North American employees enjoy access to natural light and views of the outdoors more so than other perks. Read the full article by Maia Foulis with Canadian Occupational Safety.

RCMP, WorkSafeBC Investigating  
Workplace Accident in BC
The Royal Canadian Mounted Police (RCMP) is investigating a "workplace accident" involving an excavator which happened at a work site in Burnaby, B.C., last Friday morning [June 17], according to a report. The incident took place at around 8 a.m. on 4th Avenue near Burnaby Road. "Police are engaged with WorkSafe BC to determine the circumstances of the accident involving a man and [an] excavator," the RCMP said in an emailed statement to CTV News. Read the full article by Jim Wilson with Canadian Occupational Safety.

Permanent Psychological Disability
Benefits Policy Review
On May 25, 2022, WorkSafeBC's Board of Directors approved policy changes to remove procedures specific to the assessment of permanent psychological disability benefits. The amended policies apply to all decisions made on or after July 1, 2022. You may also review the complete Resolution.

Proposed Amendments to Schedule 2,
Non-Traumatic Hearing Loss
Our Policy, Regulation and Research Department is releasing a discussion paper on proposed amendments to Schedule 2, Non-Traumatic Hearing Loss, to stakeholders for comment. Schedule 2 of the Workers Compensation Act is used to determine compensation for workers who have developed hearing loss gradually over time as a result of exposure to occupational noise. The schedule, which was last updated over 40 years ago, is now considered outdated as it no longer reflects the current scientific and medical literature, and requires revision. As part of this review, amendments to policies that relate to updating outdated scientific information are also proposed. You're invited to provide feedback on the draft policy amendments until 4:30 p.m. on Friday, August 19, 2022. Read more on WorkSafe BC.

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

Order:

• Health Professionals COVID-19 Vaccination Status Information and Preventative Measures – June 10, 2022 (PDF, 477KB)

• Guidance for Courthouse Users During the COVID-19 Pandemic – June 30, 2022 (PDF, 384KB)
• Courthouse Public Health Incident and Communication Response Protocol – June 30, 2022 (PDF, 357KB)

OHS Policies/Guidelines – Updates

June 22, 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 June 22, 2022). Deletions are shown as strikethrough; additions and revisions are highlighted in green.

June 28, 2022

The following guideline was revised:

• Part 21 Blasting Operations
  • G21.8.1 Continuing professional development – Blasters

Policies – OHS Regulation:

June 22, 2022

OHS Policy R5.48-1 has been amended to reflect the current exposure limits for substances listed on the new or revised Threshold Limit Values for 2022 from the American Conference of Governmental Industrial Hygienists (effective June 22, 2022).

• R5.48-1 Controlling Exposure – Exposure Limits