B.C. Upholds Precedent-Setting $800K Penalty
Against Coal Company for Toxic Discharges
B.C.'s Environmental Appeal Board has upheld a more than $800,000 penalty against Peace River Coal Inc. after it repeatedly failed to comply with its environmental permit at a coal mine near Tumbler Ridge.

The penalty was the largest ever issued by the B.C. Ministry of the Environment under the Environmental Management Act when it was first handed down in 2021. It stems from the Trend-Roman mine's failure to limit the discharge of selenium into three nearby creeks and rivers.

"I do not consider the resulting penalty to be too large in the context of the facts of this case," wrote Environmental Appeal Board panel chair Maureen Baird in her Aug. 27 ruling. Read the BIV article.

B.C. Backs Expansion at Mount Polley Mine That
Could Extend Operations Until 2033
The British Columbia government has granted consent for a proposed expansion at the Mount Polley copper and gold mine that could extend its operations for another two years until 2033.

The project, which requires further permits to go ahead, calls for the deepening of a pit and expansion of a disposal area for "potentially acid-generating rock" at the mine in B.C.'s central Interior that suffered a catastrophic tailings dam collapse in 2014.

B.C.'s Environmental Assessment Office says Environment Minister Tamara Davidson and Mining Minister Jagrup Brar issued the consent order.

A statement from the office says the project also calls for the continued discharge of treated water into Quesnel Lake, but adds there would be no further land disturbance since the expansion remains within the mine's existing footprint. Read the full article published by the Canadian Press.

BC Hydro 2025 Call for Power: Overview of
Request for Proposal Documents
Further to its April announcement, BC Hydro is moving forward with its 2025 Call for Power (2025 Call). As part of the 2025 Call, BC Hydro issued a request for proposals (RFP) on July 28, 2025. The RFP aims to acquire up to 5,000 GWh/year of electricity from large, clean or renewable projects through partnerships between First Nations and independent power producers (IPP). BC Hydro also issued the RFP documents that proponents must submit to be considered for the 2025 Call (RFP Documents).

The 2025 Call is a competitive energy procurement process that builds on the success of the 2024 Call for Power (2024 Call). Bennett Jones previously discussed the draft RFP documents and the final RFP documents for the 2024 Call (2024 Documents). Following the 2024 Call, BC Hydro awarded ten Electricity Purchase Agreements (EPA) that will provide nearly 5,000 GWh/year of clean, renewable electricity to the province's grid, surpassing their initial target of 3,000 GWh/year. Read the full article by Jessica Kennedy, David Bursey, Ashley White, David Macaulay, Jason Roth and Samantha Chenatte with Bennett Jones LLP.

No Rush on New Crude Oil Pipelines,
Trans Mountain Chief Executive Says
The chief executive at Trans Mountain Corp. says there should be ample pipeline space to get Canadian crude oil to market until at least 2030 without the need for a whole new project being built from scratch.

Mark Maki says at the rate production has been growing, existing pipelines out of Alberta are on track to fill up around 2027 as they're currently configured.

But he says his company and other pipeline firms have small-scale projects in the works to retool their networks to boost throughput, which should give the industry a few more years' worth of runway to accommodate forecast production.

Maki says Trans Mountain has been testing the use of chemical additives to help crude flow more smoothly through the pipeline, which connects Alberta to a marine port near Vancouver.

He expects the Crown corporation will hold an open season later this year for the additional capacity that initiative will allow – essentially an invitation for producers to commit more barrels to the pipeline. Read the CBC article.

B.C. Coal Mine Penalized After Dust
Emissions Reach 375% Over Limit
A coal mine operator in British Columbia has been penalized $13,000 for repeatedly releasing fugitive dust emissions over provincial limits.

The violations at Conuma Resources Limited's Brule Mine occurred 32 times over 18 months in 2023 and 2024, with discharges of total particulate matter ranging from five per cent to 375 per cent over the authorized limit.

In her Aug. 18 decision, director of the Environmental Management Act Stephanie Little pointed to conclusions by the U.S. Environmental Protection Agency (EPA) that found the dust emissions – which include fine particulate matter 2.5 microns or less in diameter – can pose immediate and long-term risks to human health. Read the BIV article.

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

• TU 2025-13 – New Submission Type for Pipelines to Assist Permit Holders
• IU 2025-08 – Charlie Lake Core Lab Reopening

Visit the BC-ER website for more information.

Court Case Highlights Dangers of Faulty Bear Bangers
and Importance of Expiry Date Awareness
A recent ruling from the Supreme Court of British Columbia has highlighted the serious risks posed by defective or expired bear bangers – pyrotechnic devices commonly used to deter wildlife in remote work environments.

In the case, the incident occurred while a worker was working alone in a remote area north of Fort St. John, BC. After spotting a bear nearby, they attempted to use a bear banger to scare it off. Instead of launching into the air, the device detonated immediately, causing injuries to their hand, legs, vision and most significantly, permanent hearing damage. The device, branded Star Blazer, had been discontinued years earlier due to known defects, yet remained available for purchase due to a failed recall process. Read the full article in the Forest Safety News September 2025 issue.

Could Canada Be Sued for a Lack of Climate Action?
A landmark advisory opinion from the International Court of Justice that clears the way for countries to sue each other over climate change could have ramifications for developed nations like Canada.

The Court, comprised of 15 judges from around the world, was officially asked by the United Nations to rule on countries' legal obligations under international law. Its 140-page unanimous ruling, released on July 23, said that states have an obligation to protect the environment and climate system from the harm done by greenhouse gas emissions and to act with due diligence and cooperation to fulfill it. That includes meeting commitments made under the Paris Agreement to limit global warming to 1.5C above pre-industrial levels. Read the full article by Holly Lake in the CBA National.

B.C. Sets Standard Method to Measure Forest Carbon
To address a recommendation from the auditor general, the Province has established a method for carbon modelling in timber supply reviews (TSRs).

In response to Recommendation 2 from the auditor general's report, Ministry of Forests: Calculating Forest Carbon Projections, the chief forester has approved a newly defined method for calculating forest carbon projections for use in TSR modelling to determine the allowable annual cut (AAC). Using the same defined method for every TSR will benefit people and organizations involved in forest management because it ensures transparency, consistency and credibility in forest carbon projections. Read the government news release.

Forestry Audit Scheduled for B.C. Licence for
Land Covering Spotted Owl Habitat
B.C.'s independent forestry oversight body says it will audit a logging licence for more than 1,000 square kilometres of land that encompasses critical habitat for the endangered northern spotted owl.

The Forest Practices Board says in a news release that the licence, jointly held by the Skatin, Samahquam and Xa'xtsa First Nations as well as Lizzie Bay Logging, covers an area about 50 kilometres southeast of Pemberton, B.C.

The board says the audit will begin on Aug. 25, and parties affected by the findings will have a chance to respond before the watchdog makes official recommendations to the province. Read the full Vancouver Sun article.

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

Environmental Management Act

• Canadian Natural Resources Limited v. Director, Environmental Management Act [Consent Order – Stay Extended]
• Revolution Resource Recovery Park Inc. v. Director, Environmental Management Act [Document Production Application Decision – Denied]
• Domtar Inc. v. Director, Environmental Management Act [Dismissal Order – Appeal Dismissed]
• British Columbia Used Oil Management Association v. Director, Environmental Management Act [Settlement Order – Approved]
• Peace River Coal Inc. v. Director, Environmental Management Act [Final Decision – Appeal Dismissed]
• Marnet Investments Ltd. v. Director, Environmental Management Act [Preliminary Application for Summary Dismissal – Appeal Dismissed]

Integrated Pest Management Act

• MKY Holdings Ltd. v. Administrator, Integrated Pest Management Act [Consent Order – Appeal Dismissed]

Water Sustainability Act

• Ɂakisq̓nuk First Nation v. Assistant Water Manager [Preliminary Decision – Appeal Placed in Abeyance]
• Gerry Inglis v. Assistant Water Manager [Dismissal Order – Appeal Dismissed]
• Dean Maxwell v. Assistant Water Manager [Final Decision – Granted in Part]

Wildlife Act

• Bradley Bowden v. Director of Fish and Wildlife, Ministry of Forests [Final Decision – Quota Decision Confirmed; Appeal Denied]

Visit the Environmental Appeal Board website for more information.

Forest Appeals Commission Decisions
The following Forest Appeals Commission decision was made recently:

Forest and Range Practices Act

• Crystal Lake Resort Ltd. v. Government of British Columbia [Final Decision – Determination Confirmed; Appeal Dismissed]

Visit the Forest Appeals Commission website for more information.

Legal Hurdles of Safety Harmonization 
As Canada moves closer to a historic national safety harmonization, legal experts are urging employers and safety leaders to prepare for sweeping changes that could finally end decades of regulatory confusion—but not without significant challenges along the way. Matthew Badrov, a partner at Littler LLP specializing in management-side labour and employment law with a focus on occupational health and safety, says the push to harmonize workplace safety regulations across provinces is a big challenge that could have a profound impact on employers, especially those operating in multiple jurisdictions. Read the full article by Shane Mercer with Canadian Occupational Safety Magazine.

Federal Appeals Court Backs BC Longshoreman
Who Refused Unsafe Work
In a unanimous decision, the court upheld a BC port worker's right to refuse unsafe work, ruling he was wrongfully disciplined by his employer. Canada's Federal Court of Appeal has upheld a ruling that sided with a BC port worker who was disciplined for refusing to operate a forklift because he claimed it would violate safety regulations. The case dates back to Dec. 6, 2022, when Nenad Habus, a longshoreman and first-aid attendant for Pacific Coast Terminals Co. (PCT) in Port Moody, BC, raised concerns that two pallets of lubricants were in a location that could hurt someone. Habus was told to get in a forklift and move the pallets. The worker refused to operate the machinery. He told his foreman and manager that doing so would take him too far from his first-aid station and therefore endanger other workers. Read the full BIV article.

2025 New or Revised ACGIH Threshold Limit 
Values and BC Exposure Limits (June)
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 BC Exposure Limits (ELs).

Consultation on Proposed Amendments to Part 6 of the
Occupational Health and Safety Regulation
from WorkSafeBC:
Our Policy, Regulation and Research Department is requesting feedback on proposed amendments to the following sections in the Occupational Health and Safety Regulation:

• Part 6, Substance Specific Requirements, sections 6.116 to 6.132 — Toxic Process Gases
• Section 24.100 — Ozone generators (Fishing Operations)
• Section 28.13 — Anhydrous ammonia (Agriculture)

The consultation phase gives stakeholders an opportunity to provide feedback before the proposed amendments are taken to public hearing. All stakeholder feedback is carefully considered and analyzed, and provided to WorkSafeBC's Board of Directors as part of their decision-making process.

Island Heath's Fatigue Management Policy Raises Concerns
Union leaders are raising concerns that a new fatigue management policy at Island Health is worsening staffing shortages and contributing to burnout among health-care workers, according to a report. The policy, introduced this spring, limits employees to working fewer than 16 hours in a 24-hour period and restricts the number of consecutive days staff can work, CBC reports. Read the full article by Jim Wilson with Canadian Occupational Safety.

Many BC Hospital Security Guards Facing
Unsafe Work Environments
Hospital security guards in British Columbia are being injured on the job at an alarming rate, according to a recent report. WorkSafeBC accepted nearly 170 injury claims from hospital security guards in 2024, meaning guards are being hurt almost every other day across the province, reported CBC. The highest number of accepted claims came from Fraser Health, with 50, and Providence Health, with 46. Interior Health reported 27 accepted claims, Vancouver Coastal Health had 22, and Island Health had 20. Read the full article by Jim Wilson with Canadian Occupational Safety.

OHS Policies/Guidelines – Updates

OHS Policies – Occupational Health and Safety Regulation
August 20, 2025
OHS Policy R5.48-1 has been amended (effective August 20, 2025) to reflect the current exposure limits for substances listed on the new or revised Threshold Limit Values for June 2025 from the American Conference of Governmental Industrial Hygienists.

• R5.48-1 Controlling Exposure – Exposure Limits

Guidelines – Occupational Health and Safety Regulation
August 20, 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 August 20, 2025). Deletions are shown as strikethrough; additions and revisions are highlighted in green.

New and revised guidelines are posted for a 60-day preliminary period, during which time the stakeholder community may comment and request revisions.

Editorial revisions were also made to the following guidelines:

• Part 8 – Safety Headgear
  G8.12/8.13 Use of safety headgear for workers on ATVs and similar equipment in agricultural operations
• Part 6 Forestry Operations and Similar Activities
  G26.11(3) High stem density of dangerous trees – Requesting approval

Visit the WorkSafeBC website to explore this and previous updates.