UNDRIP Moves From Principle To Practice in
BC law: Key Takeaways from Gitxaała
On December 5, 2025, the British Columbia Court of Appeal released its decision in Gitxaała v. British Columbia (Chief Gold Commissioner), 2025 BCCA 430. This decision further moves the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) from principle to practice. It specifically confirms that UNDRIP, through BC's Declaration on the Rights of Indigenous Peoples Act (DRIPA), now actively shapes how all BC laws are to be read and applied, and that courts can declare provincial regimes inconsistent with UNDRIP.

Redefining UNDRIP's role in BC law
The dispute arose from an earlier version of BC's mineral tenure system, which at the time allowed automatic online registration of mineral claims without prior consultation. The BC Supreme Court found this breached the Crown's duty to consult under section 35 of the Constitution Act, 1982, and suspended its declaration to give the province time to redesign the regime.

The chambers judge treated UNDRIP as non-binding, stating DRIPA section 3 was not justiciable, and declining to adjudicate the question of inconsistency with UNDRIP.

Read the full article by Maya Stano, Paul Seaman and Elana Yamanouchi with Gowling WLG.

BC to Amend DRIPA Legislation in
Response to Court Ruling
A recent Appeals Court ruling in British Columbia has declared that aspects of the province's Mineral Tenure Act are inconsistent with Indigenous rights, particularly as enshrined in the Declaration on the Rights of Indigenous Peoples Act (DRIPA). This landmark decision highlights a significant legal and practical challenge to how resource extraction has historically been managed in BC. In response, Premier David Eby has committed to amending DRIPA. This development marks a pivotal moment for Indigenous reconciliation and the future of resource development in British Columbia.

Regulatory Package Continues Work
of Energy Statutes Amendment Act
On Oct. 20, 2025, government tabled the energy statutes amendment act (Bill 31), a series of regulatory and legislative measures introduced to streamline the approvals and permitting process.

Bill 31 received royal assent on Nov. 27, 2025, and the regulatory measures and ministerial order came into effect on Monday, Dec. 8, 2025.

Regulatory changes will address existing BC Hydro tariffs, making it easier for large industrial projects to connect to the North Coast Transmission Line (NCTL), and to support a final investment decision. Read the government news release.

BCSC Panel Finds B.C.-Based Mining Company
Filed Misleading Technical Report
A panel of the B.C. Securities Commission (BCSC) has found that a B.C.-based public mining company and its CEO made false or misleading statements in a report it filed.

Shaun Methven Dykes, a B.C. resident, is the president, CEO and a director of Multi-Metal Development Ltd., previously known as American CuMo Mining Corporation. At the time of the misconduct, the company's principal asset was a molybdenum-copper deposit in Idaho.

In 2019, Multi-Metal filed a technical report that contained an electronic signature of a qualified person – a professional engineer – and listed him as an author. A qualified person must meet specific requirements for education, training and experience, and must consent to the filing of the technical report by a publicly-traded company. The expert's certification is intended to ensure the reliability of the scientific and technical information in the report. Read the BCSC news release.

The Supreme Court's Lundin Mining Decision Redefines
the Meaning of Material Change for Public Companies
The Supreme Court of Canada's (the "SCC") decision in Lundin Mining Corp. v. Markowich ("Lundin Mining") marks a turning point for Canadian securities law by revisiting the meaning of "material change", resulting in significant implications for reporting issuers and the broader Canadian capital markets.

For reporting issuers, the message is clear: timely disclosure obligations are broader than many issuers may have assumed. Issuers must move faster and disclose more. Operational events that were once viewed as routine, particularly in industries like mining, may now constitute a "material change," requiring immediate public disclosure even when they are temporary or inherent to the industry.

Issuers should now adopt a proactive disclosure posture. The safest strategy is to err on the side of timely transparency. Delaying disclosure until scheduled quarterly updates or relying on internal assessments that downplay operational incidents are no longer defensible. Read the full article by Geoff Clarke, Andrew Powers and Madison Derraugh with Miller Thomson.

B.C. Firm Penalized $142k for 'Major'
Waste Leaks at Gold Mine
A B.C. firm has been penalized more than $142,000 for failing to maintain a shuttered gold mine that was found to have leaked waste into the environment at levels dozens of times over provincial limits.

Located about 25 kilometres outside of Stewart, B.C., Ascot Resources Ltd. purchased the Premier Gold Mine in 2018 with the goal of restarting operations. The mine was initially opened during the First World War and operated for more than seven decades before going into care and maintenance in 1996. Read the BIV article.

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

• TU 2025-18 – Interim Guidance for Renewable Energy Permit Applications Now Available
• TU 2025-19 – Changes to Water Sales Application and Licence Holder Requirements
• TU 2025-20 – Methane Emission Submission Updates for Permit Holders
• DIR 2025-02 – BCER Expands Water Suspensions to include Nicola Lake
• TU 2025-21 – Updates to the Application Management System (AMS) for Wind Facility and Renewable Energy Projects
• IU 2025-11 – Interim Cost Recovery for Renewable Energy Projects
• TU 2025-22 – New Notification Process for Equipping Additional Wells at Approved Well Facilities

Visit the BC-ER website for more information.

BC Announces Support for Western Forest
Products and Island Timber Frame
Through the Look West economic strategy, two Vancouver Island wood-product manufacturers will soon be able to produce more, higher-value products, including mass-timber products and inputs, with new funding that will help protect and create sustainable jobs, and reinforce British Columbia's supply chains.

Western Forest Products' value-added division in Chemainus, through the Province's BC Manufacturing Jobs Fund (BCMJF), is receiving as much as $7.5 million to add two new continuous dry kilns to its manufacturing operations. By improving drying precision, these kilns allow Western to expand high-value applications for second-growth western hemlock, including in future mass-timber inputs. This support increases the stability of its operation and harvesting operations on Vancouver Island. Read the full article published by Canadian Forest Industries (paywall).

Recent Legislative Developments Relating to Greenwashing
and Environmental Claims in Canada
As we approach the end of 2025, there are some legislative developments of note in the greenwashing space.

Federal Bill C-15
On November 18, 2025, the federal government introduced Bill C-15 as part of its efforts to advance its "Climate Competitiveness Strategy" outlined in the 2025 Federal Budget. Bill C-15 amends the "anti-greenwashing" provisions originally set out in Bill C-59, enacted in June 2024.

In an effort to clarify the Competition Act's greenwashing rules, Bill C-15 eases some of the standards imposed by Bill C-59, particularly around substantiation requirements for business-related environmental claims and private enforcement in respect of those matters.

Read the full article by Bill Gilliland and Nada Farag with Dentons.

Professional Forestry Leadership
Forest Professionals British Columbia has formalized a previously undefined area of professional practice: Professional Forestry Leadership. Since the inception of the Foresters Act, and now under the Professional Governance Act, the practice of forestry has shifted and grown. Whereas our profession was once based almost exclusively in the field, it now spans many different variations and applications of foundational forestry knowledge. The Professional Forestry Leadership area of practice carries a particular weight: it demands a high level of responsibility with regards to judgment, ethical awareness, accountability to the public. It may be reflected in policy, in practice, or in academia, but it is a unique set of skills and knowledge that represent a significant cohort of our professional base. By naming it and giving structure to the parameters of what it means for professional forestry, BC's regulatory framework strengthens its reliance on forest professionals, and their accountability and protection of the public interest – while providing registrants with clear professional practice guidance.

A professional area of practice is one in which registered professionals may perform certain decisions, advice, or tasks. It is how we self-identify our areas of competence and provide the public with equal understanding. Read the full article by Tara Bergeson in the Winter 2026 issue of BC Forest Professional.

Government Actions Regulation Order
The following order was recently posted and signed under the authority of the Government Actions Regulation 582/2004 impacting Ungulate Winter Ranges:

Notice is hereby given that Ungulate Winter Ranges (UWRs) U-4-003 and U-4-004 in the Rocky Mountain Natural Resource District and Selkirk Natural Resource District are established for bighorn sheep in the Kootenay Boundary Region. The Order was signed on December 19, 2025 under the authority of sections 9(2) and 12(1) of the Government Actions Regulation (B.C. Reg. 281/2023) of the Forest and Range Practices Act and section 31 of the Environmental Protection and Management Regulation (B.C. Reg. 219/2024) of the Energy Resource Activities Act.

Details of the Order may be obtained from the Ecosystems Section, Kootenay Boundary Region, Ministry of Water, Land and Resource Stewardship, No. 401 - 333 Victoria Street, Nelson, BC V1L 4K3.

The Government Actions Regulation Order, accompanying maps, and spatial files may also be obtained from: https://www.env.gov.bc.ca/wld/frpa/uwr/approved_uwr.html [de24]

The Consequences of Canada's Climate Backslide
With Canada in the throes of an about-face on climate policies, advocates say the shift could jeopardize the viability of Canada's climate agenda.

The federal government's recent memorandum of understanding with Alberta included a deal to build a new crude oil pipeline, suspend clean electricity regulations in the province, and scrap the cap on oil and gas emissions.

This comes after a slew of policies that reverse Canada's previous climate commitments, including the consumer carbon price, anti-greenwashing legislation, and measures aimed at supporting household electrification, such as the Canada Greener Homes Loan Program. Read the full article by Moira Donovan in the CBA National.

Federal Plastics Registry: Key Updates for 2026
Environment and Climate Change Canada (ECCC) has announced a delay to Phases 2 and 3 of reporting under the Federal Plastics Registry (Registry), giving businesses more time to prepare and improve data quality. Phase 1 remains in effect, and late reporting is still accepted, though enforcement actions are being considered. The amended Section 46 notice reflecting these changes will be published in the Canada Gazette in 2026. Businesses should use this time to strengthen internal reporting systems, engage suppliers, and monitor regulatory updates. Read the full article by Ingrid Anton and Victoria Asikis with Norton Rose Fulbright Canada LLP.

Drift Logs Destroying Intertidal
Ecosystems in B.C., Study Finds
A new study by biologists at the University of Victoria has revealed why the simple back-and-forth motion of drift logs on B.C. beaches has destroyed critical ecosystems that keep the ocean healthy.

Visitors to most beaches on the West Coast will quickly notice the free-floating drift logs that have washed up onto shore.

When the tides go out the logs go with them, and when they come in the logs crash onto rocks and beaches. Read the CBC article.

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

Environmental Management Act

• MBEC Communications Inc. dba The UPS Store v. Director, Environmental Management Act [Dismissal Order – Appeal Dismissed]

Water Sustainability Act

• 161884 Canada Inc. v. Assistant Water Manager [Dismissal Order – Appeal Dismissed]

Wildlife Act

• Richard Garlock v. Deputy Regional Manager, Wildlife Act [Settlement Order – Appeal Abandoned]

Visit the Environmental Appeal Board website for more information.

WorkSafeBC Board of Directors Approves Amendments
to the Occupational Health and Safety Regulation and
the Prevention Manual
– from WorkSafeBC
At its November 2025 meeting, WorkSafeBC's Board of Directors approved amendments to the Occupational Health and Safety Regulation and the Prevention Manual. The amendments relate to Combustible Dusts and Standards Updates. Strikethrough versions of the amendments with explanatory notes can be accessed below. Deletions in the regulatory amendments are identified with a strikethrough and additions are in bold text and highlighted in yellow.

• Part 6, Substance Specific Requirements, Combustible Dusts;
  Approved amendments with explanatory notes
  These amendments will come into effect on January 4, 2027.


• Parts 8 and 31, Standards Updates;
  Approved amendments with explanatory notes
  These amendments will come into effect on April 1, 2026.

Drones, Done Safely: Practical Ways RPAS
Reduce Risk in BC Forestry
Forestry is full of places where people would rather not traverse: steep, broken slopes; active cable corridors; fire-damaged blocks where snags and ash pits wait underfoot. Small uncrewed aircraft, also known as drones or RPAS, are already shifting who needs to be there and for how long. When they're integrated with solid procedures and flown in compliance with Transport Canada's aviation rules, drones are proving to be a simple, practical way to cut exposure and improve decision-making on forestry blocks. The clearest safety win is during line work and layout on steep ground. Instead of sending a crew across gullies and bluffs to pull light messenger line, a drone can lift and place a quarter-inch rope along a planned corridor in minutes. That reduces the time people spend traversing hazardous terrain and keeps them out of the fall line. The drone doesn't replace a qualified crew though; it minimizes where the riskiest minutes happen. Operators stage from stable ground with clear egress, while the aircraft effortlessly does the scrambling. Read the full article by Taylor Alexander, published in the December issue of Forest Safety Newsletter.

WorkSafeBC BOD Decision: Duration of
Benefits (Retirement Age)
– from WorkSafeBC
On November 14, 2025, WorkSafeBC's Board of Directors revised policies in the Rehabilitation Services & Claims Manual, Volume II concerning retirement date determinations under section 201 of the Workers Compensation Act. The policy revisions add a reference to the general evidence policies and reword the guidance for workers who are 63 years of age and older on the date of injury to more closely match the policy for workers under 63. The revised policies apply to all decisions, including appellate decisions, made on or after February 1, 2026.

WorkSafeBC BOD Decision: Commutations
– from WorkSafeBC
On November 14, 2025, the Board of Directors revised policy on commutations in the Rehabilitation Services & Claims Manual, Volume II. The primary change is to increase the monetary threshold for when periodic payments for permanent disability benefits can be automatically commuted to a lump sum payment from $200 to $350. The revised policy applies to all decisions made on or after February 1, 2026.

Supporting Workers for Successful Returns
Returning to work after a workplace injury is a collaborative process that supports worker recovery while maintaining productivity and morale. A successful return involves early communication, empathy, planning, and cooperation among employers and workers. When a worker is injured, the focus naturally shifts to recovery. But for many employers, what happens next can feel uncertain and a little daunting. The good news is that the return-to-work experience can be a positive one for workers and employers. With the right approach, it becomes a practical, supportive, and repeatable process that helps injured workers recover and stay connected, while also maintaining productivity and morale. Read the full article by Marnie Douglas, published in WorkSafe Magazine – Winter 2025.

Extreme Cold Events and Planning for Worker Safety
Winter officially begins December 21st, and with it brings plunging temperatures, snow, ice and frosty winds that can increase risks for workers. In addition to extremely cold temperatures, wet, cool conditions also pose a significant risk of cold stress and hypothermia. Between 2013 and 2023, there were 167 accepted claims for short-term or long-term disability benefits for injuries related to cold stress in BC, including frostbite, hypothermia and abrasions. More work-related motor vehicle crashes occur in November, December and January than in any other three-month period. Read the full article published in the December issue of Forest Safety Newsletter.

WorkSafeBC BOD Decision: Mental Disorders
– from WorkSafeBC
On November 14, 2025, WorkSafeBC's Board of Directors revised policies in the Rehabilitation Services & Claims Manual, Volume II concerning mental disorder claims under section 135 of the Workers Compensation Act. The policy revisions change the definition of significant work-related stressor and provide guidance on the limits of the labour relations exclusion. The revised policies apply to all decisions, including appellate decisions, made on or after March 2, 2026.

OHS Policies/Guidelines – Updates
Guidelines – Occupational Health and Safety Regulation
December 4, 2025
Editorial revisions were made to the following guideline on December 4, 2025:

• Part 20 – Excavations
  G20.79 Underground utilities

Guidelines – Workers Compensation Act
January 1, 2026
Editorial revisions were made to the following guideline to reflect CPI adjustments:

• G-P2-94-1 OHS Citations

Policies – Workers Compensation Act
January 1, 2026
The following policies were updated to reflect CPI adjustments, effective January 1, 2026:

• P2-94-1 – OHS Citations
• P2-95-4 – Non-Exclusive Ways to Impose Financial Penalties
• P2-95-5 – OHS Penalty Amounts
• P5-251-1 – Claims Costs Levies

Visit the WorkSafeBC website to explore this and previous updates.