Wind In the Sails of Canadian Energy Project Development: Major Projects Office
Open for Business, and Details of Fast-Tracked Projects Emerging
On June 6, 2025, the federal government introduced Bill C-5, An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act, which proposes new legislation aimed at strengthening Canada's economy by removing interprovincial trade and labour mobility barriers and advancing major projects. This includes Prime Minister Carney's much-anticipated proposal to "fast-track" federal regulatory approval processes for projects that are deemed to be in Canada's national interest. Bill C-5 officially passed and received Royal Assent on June 26, 2025.

At the end of August 2025, the Government of Canada launched the new Major Projects Office (the MPO), headquartered in Calgary and led by Dawn Farrell, former Trans Mountain Chief Executive Officer. The MPO is designed to serve as a single point of contact for advancing nation-building projects, with a strong emphasis to accelerate timelines, simplify the regulatory landscape for proponents of major projects (such that approval timelines are reduced to at most two years) and support the coordination of project financing when necessary. Read the full article by Luke Morrison, Ashley M. White and Pamela Clark with Bennett Jones LLP.

Coalition Assails Ruling That Prince Rupert Gas Transmission
Pipeline Project Substantially Started
On behalf of a local resident and community groups, Ecojustice lawyers challenged the BC government's decision to consider the Prince Rupert gas transmission (PRGT) fracked gas pipeline 'substantially started' and permit it to proceed based on a 2014 environmental assessment.

The judicial review application of the Kispiox Valley Community Centre Association, Skeena Watershed Conservation Coalition, and Kathy Larson aims to hold the provincial government accountable to its laws, according to a press release from Ecojustice, an environmental law charity. Read the full article by Bernise Carolino in the Canadian Lawyer.

B.C. Penalizes Mine Again Amid Federal
Plan to Fast-Track Expansion
B.C.'s environment ministry has once again fined the Red Chris copper and gold mine for failing to monitor its groundwater, even as Canada's federal government fast-tracked the mine's expansion as one of five "nation-building" projects.

The currently active mining site and processing plant is slated for an expansion that would boost Canada's overall copper output by 15 per cent, providing a crucial critical mineral for electronics, renewable energy projects and electric vehicles, Prime Minister Mark Carney said Thursday [September 11].

In a decision released this week, the B.C. Ministry of Environment and Parks penalized Newcrest Red Chris Mining Ltd. $12,685 for failing to conduct required hydrogeological monitoring – a key requirement to monitor the flow of mine-impacted effluent into the environment. Read the BIV article.

Environmental Groups Urge Federal Government to Set
Standards for Projects Under Building Canada Act
An alliance of environmental, nature, and climate groups in Canada has urged the federal government to set what they termed "clear, transparent criteria" to identify projects considered to be in the national interest under Bill C-5, the Building Canada Act.

In an open letter addressed to Prime Minister Mark Carney and key Cabinet ministers, the groups outlined seven requirements that projects must meet. Read the full article by Jacqueline So in the Canadian Lawyer.

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

• TU 2025-14 – Updates to Environmental Protection and Management Guideline (EPMG) for High Priority Wildlife
• IU 2025-09 – Former Erikson National Energy Sites Sold Resulting in Fewer Orphans

Visit the BC-ER website for more information.

Compliance and Enforcement Investigations
and Limitation Periods
Until recently, the compliance and enforcement (C&E) regimes under both the Forest and Range Practices Act (FRPA) and the Wildfire Act provided that the authority of the minister's delegated decision maker (DDM) to impose an administrative remedy on account of regulatory noncompliance expired with a limitation period. The FRPA C&E regime did not limit the time available for the DDM to make a contravention determination, just the time available to impose an administrative penalty on account of a contravention determination. The DDM had three years to impose an administrative penalty for a contravention of legislation subject to the FRPA C&E regime measured from the date the facts related to the contravention came to the knowledge of a ministry official (commonly referred to as the "discovery date"). Under the Wildfire Act's C&E regime, the DDM had three years from the discovery date to make a contravention determination (and could only impose an administrative remedy if there was a contravention determination). Read the full article by Jeff Waatainen in the BC Forest Professional Fall 2025 issue.

Canadian Softwood Producers Hit with New
10% Tariff on Lumber Shipments into U.S.
Canadian softwood producers are being hit with a new 10-per-cent tariff on their lumber shipments into the United States, raising the total levies to more than 45 per cent during an escalating trade war.

Earlier this year, U.S. President Donald Trump launched a probe into the global wood trade. His order cited Section 232 of the U.S. Trade Expansion Act, which allows him to invoke national security concerns to impose tariffs.

On Monday night, Mr. Trump issued a proclamation that imposed the new tariff on imports of softwood from Canada and other countries, effective Oct. 14. Read the Globe and Mail article.

B.C. First Nation Inches Closer to Landmark
Climate Challenge Against Ottawa
A federal judge has left the door open for two B.C. Indigenous groups to sue Ottawa for allegedly failing to reduce greenhouse gases as promised under global climate deals.

The ruling, handed down Sept. 26, struck the latest amended notice of civil claim brought by two Wet'suwet'en hereditary chiefs against the federal government, but gave lawyers 60 days to amend their pleadings and mount a constitutional challenge.

The case, which had originally been struck down and then partially allowed on appeal, brings several novel and complex legal arguments to the federal court over Ottawa's alleged failure to meet international commitments under the 2015 Paris agreement. At the time, Canada had committed to keep mean global warming well below two degrees Celsius compared with levels before the Industrial Revolution, when fossil fuel emissions began to ramp up. Read the BIV article.

Updated Fire Hazard Assessment and Abatement
Guidance in BC: What You Need to Know
The Government of British Columbia is stepping up its efforts to manage wildfire risk. Recent fire hazard assessment and abatement (FHAA) guidance updates reflect updated policy, clarify industry responsibilities, and enhance support for practising professionals. At the forefront of these updates are key objectives to strengthen professional capacity to understand legislated requirements, complete accurate fire hazard assessments, and prescribe effective abatement treatments. These efforts also support the re-integration of fire management into broader forest management practices.

In mid-2024, the BC Wildfire Service (BCWS) released the Fire Hazard Assessment & Abatement Roadmap 2024–2027, which outlines the systematic plan to review and strengthen BC's FHAA framework. The roadmap identifies widespread inconsistencies in how forest operators conduct fire hazard assessments. Read the full article by Ryan Hall in the BC Forest Professional Fall 2025 issue.

District of Tofino Passes Sustainability By-Law Banning
Sale of Single-Use Plastic Water Bottles
The District of Tofino announced on September 11, 2025, that it has adopted a new municipal by-law banning the sale of single-use plastic water bottles of 1L or less, becoming the first municipality in Canada to do so. The new by-law is described by the District in its initial press release as "another meaningful step forward to protect our oceans, beaches, and wildlife from plastic waste."

The change is being made through an amendment to the District of Tofino's Single Use Item Regulation Bylaw, No. 1277, 2020, which was formally adopted by the municipality on August 26, 2025. The regulation first came into effect in 2022 and sets out bans on other single-use disposable items such as plastic bags, plastic straws, and plastic utensils, which are currently in effect.

The amendment will take effect on Earth Day, April 22, 2026, so businesses have some time to make the transition. Read the full article by Alina Gdaniec with Watson Goepel LLP.

Downstream Liability: Strict Liability Regime; Misapprehension
of Expert Evidence; Standard of Review
Case: LeBourdais v. British Columbia (Public Guardian and Trustee), 2025 BCCA 319
This case is quite literally about downstream liability – in particular, the strict liability regime imposed on landowners who alter the natural flow of water in streams under the Water Users' Communities Act, R.S.B.C. 1996, c. 483 and Water Sustainability Act, S.B.C. 2014, c. 15.

As described by the Court of Appeal, s. 21 of the Water Act, R.S.B.C. 1996, c. 483 or, subsequent to 2014, s. 29 of the Water Sustainability Act, S.B.C. 2014, c. 15, "imposes a duty to exercise reasonable care upon a person who makes changes in and about a stream." (See para. 7).

The Court of Appeal found the Summary Trial Judge failed to properly address the Appellant's claims under this regime and observed that the Public Guardian "had a duty to exercise reasonable care to avoid damaging the appellant's "land, works, trees or other property" and to compensate her for damage or loss resulting from the failure of the culvert." (See para. 41). Read the full article at Supreme Advocacy LLP.

Public Review Proposed Land Use Objectives
Invitation to Comment – Proposed Land Use Objectives Related to Nimpkish Valley.

Notice is given that, pursuant to Section 93.4 of the Land Act, land use objectives are proposed for establishment by legal order of the Minister of Water, Land and Resource Stewardship. This proposed order applies to portions of the Nimpkish Valley on northern Vancouver Island and will require three additional orders to amend existing land use objectives. The affected areas are set out in Map 1 of the proposed orders, available through the QR code or on the website listed below.

The public is invited to comment on the proposed orders during a 60-day review period that starts on September 19, 2025 to November 18, 2025.

The proposed orders resulted from recommendations provided by the Gwa'ni Land Use Planning Project, co-developed by the province and 'Na̲mgis Nation, and through engagement with the public, interest holders and industry.

The proposed orders deal with the amount and distribution of mature and old forests along the Nimpkish Valley's primary salmon-bearing waterways and seek to restore ecosystems in valley bottoms to better support biodiversity and habitat, among other values.

The Gwa'ni Land Use Planning Project recommendations advanced through these proposed orders seek to support the local economy by providing operational clarity for the forestry industry within 'Na̲mgis territory and support work that's underway on the Tree Farm Licence 37 Forest Landscape Plan.

After the 60-day review period, the public's feedback will be considered by the ministry prior to approval of the proposed orders. If approved, these orders will take effect on the date that the notice of approval is published in the B.C. Gazette.

To access the proposed orders, maps, background information and digital comment form, visit https://planninginpartnership.ca, click 'List of Projects' at the top of the page, then search for the Gwa'ni Project.

Expanded BC Timber Sales Mandate Builds
Stronger Forestry Sector
The Province is expanding and strengthening the role of BC Timber Sales (BCTS), to ensure B.C.'s forests continue to support good forestry jobs and healthy resilient forests for future generations.

"B.C.'s forestry sector is experiencing significant change – a changing climate, a changing market and changing trade relationships," said Ravi Parmar, Minister of Forests. "In this uncertain time, we're giving BCTS the tools to meet this critical moment head on. This is about taking action to support a thriving forest economy and deliver on the public interest for workers, towns, families and companies throughout the province."

The change comes in response to the expert recommendations from the BCTS Task Force review. Read the B.C. government news release.

Public Invited to Share Input to
Improve Permitting Processes
The Province is improving the permitting process for the natural-resource sector, and members of the public are invited to provide feedback on proposals related to water management.

The B.C. government is working to speed up permitting, reduce the backlog of permit applications and help people in British Columbia get shovels in the ground, while maintaining high environmental standards and commitments to the Declaration on the Rights of Indigenous Peoples Act.

As part of this review of permitting processes, a series of surveys about proposed changes are open for public comment.

The goal of these surveys is to capture the public's feedback, perspectives and thoughts on proposed changes to permitting processes in several key areas related to water management.

An initial 16 topics have been identified for permitting reform. These topics fall under the Water Sustainability Act, Water Sustainability Regulation, Riparian Areas Protection Act, Riparian Areas Protection Regulation and Forest Act. Read the B.C. government news release.

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

Environmental Management Act

• Citizens for My Sea to Sky, Spencer Fitschen, Charlene Williams & Tracey Saxby v. BC Energy Regulator [Preliminary Decision – Standing to Appeal – Granted in Part]
• Greater Vancouver Sewerage and Drainage District v. Director, Environmental Management Act [Settlement Order – Appeal Resolved as Amended]

Water Sustainability Act

• Jagroop Johal and Dalwinder Johal v. Water Manager [Preliminary Stay Application Decision – Granted in Part]

Visit the Environmental Appeal Board website for more information.

How Landsat Satellites Are Helping Reduce
Environmental Risk [Mining Industry]
As demand for critical minerals intensifies, a decades-old U.S. satellite program is helping guide safer, more sustainable mine development – with important lessons for Canada's heavy industries. The Landsat satellite program, operated by the U.S. Geological Survey (USGS) and NASA, provides more than 50 years of continuous Earth observation data. The technology supports environmental planning and monitoring across sectors, including mining. "Landsat really is the gold standard," says Terry Sohl, branch chief of integrated science and applications at the USGS Earth Resources Observation and Science (EROS) Center. "We have 50 years of record, and that allows us to look at change over time – vegetation, hydrology, and surface water conditions – in a consistent, accurate way." Read the full article by Shane Mercer with Canadian Occupational Safety. 

A Culture of Care Guides Return-to-work Success
When a worker is injured, ripples are felt across the team – schedules shift, workloads grow, morale dips, and productivity slows. Without a clear plan, employers are left scrambling to fill gaps while costs quietly climb, and workers feel caught in the confusion. But what if a plan was already in place – one that kept injured workers connected to their job and gave employers the tools to support recovery from day one? That's the shift Arcus Community Resources made. Known for its specialized care for individuals with complex physical and developmental disabilities, Arcus recognized an opportunity to improve its return-to-work outcomes to better align with the high standard of care it provides. With support from WorkSafeBC's Consultation and Education team within Return to Work Services, the organization has built a stronger safety culture where trust has grown and missed workdays have declined. Read the full article published by WorkSafe Magazine.  

Lafarge Fined Over $670,000 for Worker's Fatal Injuries
British Columbia employer Lafarge Canada Inc. has been fined $674,445.93 after one of its workers sustained fatal injuries in the workplace. The incident happened at the firm's cement manufacturing facility. When a large fan at the site failed, debris broke through the fan housing and struck a nearby worker, according to WorkSafeBC. The worker sustained fatal injuries. WorkSafeBC's investigation determined that the fan's impeller had been repaired and refurbished about five months prior to the incident. Read the full article by Jim Wilson with Canadian Occupational Safety. 

OHS Policies/Guidelines – Updates
Guidelines – Occupational Health and Safety Regulation
September 11, 2025
Editorial revisions were made to the following guideline:

• Part 19 Electrical Safety
  • G19.16-1 Isolation and lockout

Visit the WorkSafeBC website to explore this and previous updates.