Supreme Court to Hear Appeal on UNDRIP's
Reach in Domestic Law
Gitxaala and Ehatttesaht nations' challenge of the Mineral Tenure Act has seen BC push back on the implementation of DRIPA
The Supreme Court of Canada will hear British Columbia's appeal of a court decision that has fuelled drama in the province over the implementation of its Declaration on the Rights of Indigenous Peoples Act (DRIPA).

In December, the B.C. Court of Appeal ruled 2-1 that the province's Mineral Tenure Act, which allowed registration of mineral rights without consulting the Gitxaała and Ehattesaht nations, was inconsistent with the law implementing the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in the province.

Within hours, Premier David Eby said the provincial government would amend DRIPA. The province also filed an appeal to the country's top court, which has now agreed to hear it. Read the full article by Holly Lake in the CBA National.

Canada's New Electricity Strategy: Powering
an Electrified Future by 2050
The federal government recently released Powering Canada Strong: A National Strategy for an Electrified Canadian Economy, a national electricity strategy with the stated objective of doubling Canada's electricity capacity by 2050 while advancing reliability, affordability, competitiveness and decarbonization. The plan calls for consultation with territories, Indigenous communities, utilities, regulators, industrial customers, labour organizations and private sector stakeholders. The consultation process will inform both the implementation framework and future legislative and regulatory measures tied to electricity infrastructure development and electricity policy.

The consultation phase will be a key step in developing the federal government's plan into executable steps given the practical and regional differences across the Canadian electricity landscape. Provinces remain at different stages of decarbonization, reserve margins, demand growth and transmission capability. As a result, the industry can be expected to focus not only on funding opportunities, but also on questions of reliability standards, interprovincial cost allocation, permitting timelines, Indigenous equity participation, and the extent to which federal policy may accommodate differing provincial resource mixes and market structures. The consultation process may itself serve as a forum for utilities and large industrial consumers to address the financing of accelerated electrification and large-scale capital deployment. Read the full article by Rob Blackstein and Steve Suarez with Borden Ladner Gervais LLP.

Consultation Commitments and Commercial Consequences:
B.C. Supreme Court Quashes Licence Transfer Approval
In Gitanyow Hereditary Chiefs v. British Columbia (Minister of Forests), 2026 BCSC 18, the British Columbia Supreme Court set aside the Minister of Forests' approval of the transfer of a replaceable forest licence on the basis that the Province failed to meet its constitutional duty to consult an affected First Nation.

Although the decision arises in the forestry context, its reasoning has broader significance for mining companies and other resource developers, particularly where projects or operations depend on the transfer, renewal, or restructuring of existing regulatory authorizations. The decision underscores that licence transfers cannot be treated as merely "upstream administrative decisions" where deep consultation is owed – an issue with clear implications for mining transactions and project restructuring. Read the full article by Eli Mogil and Josh Isley with McCarthy Tetrault.

Canada's Clean Electricity Investment
Tax Credit: A Comprehensive Guide
The Canadian government has enacted five refundable investment tax credits ("ITCs") designed to grow Canada's clean economy and keep Canada competitive in attracting investment in clean energy projects:

• The Clean Electricity ITC: A refundable tax credit of up to 15% of investments in equipment relating to low-emitting electricity generation systems, stationary electricity storage systems that do not use fossil fuels in operation, or the transmission of electricity between provinces and territories. This tax credit is available as of April 16, 2024 for projects that did not begin construction before March 28, 2023. No tax credit is available after 2034.
• The Clean Technology ITC: A refundable tax credit of 30% of investments in eligible property acquired and available for use on or after March 28, 2023 and before 2034. For property that becomes available for use in 2034, this tax credit is up to 15%. No tax credit is available after 2034.

Read the full article by Alex Pankratz with Fasken.

BC Hydro Quietly Seeks Gas Contracts as
Power Shortage Looms
Faced with an electricity shortfall, B.C. Hydro is seeking to extend contracts with two major natural gas plants, a policy reversal that challenges one of the province's core climate goals.

In a May 28 submission to the B.C. Utilities Commission, the utility seeks approval to pursue new agreements with Island Generation, a gas power plant at an old mill in Campbell River; and McMahon Cogeneration, a gas-fired facility in Taylor in northeastern B.C.

B.C. Hydro chief regulatory officer Chris Sandve said in the submission that electricity demand is expected to skyrocket with the rise of data centres, electric vehicles, economic growth and large industrial customers like mines and gas export terminals.

B.C. is now projected to face an electricity shortfall of 500 megawatts by 2030 – enough power for 500,000 homes. Read the BIV article.

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

• TU 2026-10 – Enhancements to eSubmission Forms for Site Assessment and Remediation
• TU 2026-11 – Temporary Restricted Access at Fort St. John Core Facility
• TU 2026-12 – Updates to the Application Management System (AMS) for Hydrogen Facility Applications
• DIR 2026-01 – Select Water Use Suspensions Lifted for Peace and Liard River Watersheds
• TU 2026-13 – Signage and Emergency Response Plan Requirements for ERAA Dam Owners

Visit the BCER website for more information.

Forests Statutes Amendment Act, 2026 Now in Force
Bill 14, the Forests Statutes Amendment Act, 2026, came into force on May 21. The Bill made changes to the Forest Act and the Forest and Range Practices Act to provide a greater range of fibre-generating and forest stewardship activities, and to allow BC Timber Sales (BCTS) to introduce new timber sales licences to include activities such as commercial thinning, salvage of damaged trees and wildfire risk reduction, and providing contractors with a broader range of opportunities to bid on.

Environmental Law Changes 'Possible' to Expedite
Resource Projects: Government House Leader
Government considers changes to the Impact Assessment Act and the Fisheries Act, sources say
The government House leader confirmed on Thursday [May 7] plans to change regulations and legislation in order to speed up the approvals of major resource projects.

The confirmation comes following a report from CBC News, in which federal sources said the government plans to present proposals aimed at speeding up the approval process to fulfill the Liberal campaign promise of approving projects within a two-year timeframe.

When asked if new legislation was coming, government House leader Steve MacKinnon said: "It's possible." Read the CBC article.

Forests Canada Releases Post-Wildfire
Forest Recovery Report
Since 2023, communities across Canada and around the world have been experiencing record-breaking wildfires and working to help restore forested landscapes in their aftermath – but the best practices behind forest recovery in the wake of extreme wildfires are evolving.

To better understand the decisions and approaches for post-wildfire forest restoration in Canada, national charity Forests Canada surveyed and interviewed forest managers and tree planting practitioners and is presenting the findings in a report titled Forest Restoration After Wildfire: Knowledge Gaps and Future Needs Analysis. Read the full article by Forests Canada.

Forever Chemicals, Forever Liability? The Rise
of PFAS Class Actions in Canada
Per- and polyfluoroalkyl substances (PFAS) litigation is becoming increasingly common in Canada. Following a wave of class actions in the United States, Canadian courts are now grappling with claims over alleged contamination from these "forever chemicals." In this Osler Update, we discuss certain of the latest developments related to PFAS litigation.

As discussed in previous Osler Updates, PFAS are a group of more than 4,700 synthetic chemicals valued for their resistance to heat, oil and water, making them common in consumer products such as non-stick cookware, cosmetics, textiles and paints, as well as in the manufacturing of electronics, plastics, metals and fire-fighting foams. Read the full article by Jennifer Fairfax, Brad Gilmour, Evan Barz, Clare Barrowman, Shelby Wilson and Daniel Kiesman with Osler.

Fairy Creek Anti-Logging Protesters Win Appeal
in Bid for Class-Action Certification
Fairy Creek anti-logging protesters have won an appeal against a court ruling that denied the certification of their proposed class-action lawsuit against the federal and provincial governments.

The class-action application now goes back to the B.C. Supreme Court for a new decision, after the B.C. Court of Appeal found the judge who rejected the claim erred on several points.

The applicants, protesters Arvin Singh Dang and Kristy Morgan, say the RCMP wrongfully barred them and others from the Vancouver Island protest site, where Teal Cedar Products had secured an injunction against the protests targeting old-growth logging.

The appeal ruling issued Wednesday [May 20] notes that while the protests and logging in the area that ran from 2021 to 2023 are now over, the litigation continues. Read the BIV article.

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

Environmental Management Act

• WestKam Gold Corp. v. Director, Environmental Management Act [Dismissal Order – Appeal Dismissed]

Integrated Pest Management Act

• Gordon Lageweg and Sonja Lageweg v. Director of Recycling and Pesticide Authorizations [Preliminary Decision on a Stay Application – Denied]

Water Sustainability Act

• Carol-Anna Isdahl and Cori-Ann Isdahl v. Assistant Water Manager [Final Decision – Appeal Allowed; Order Set Aside]

Wildlife Act

• Doug Heard v. Regional Manager, Recreational Fisheries and Wildlife Programs [Final Decision – Appeal Dismissed]

Visit the Environmental Appeal Board website for more information.

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

Wildfire Act

• Duffy Damgaard v. Government of British Columbia [Final Decision – Appeal Dismissed]

Visit the Forest Appeals Commission website for more information.

BC Construction Injury Rate Down
25 Per Cent: WorkSafeBC
The construction injury rate in British Columbia has fallen by 25 per cent over the past decade, a shift that signals progress but also reinforces the need for occupational health and safety professionals to stay focused on high‑risk activities, according to new WorkSafeBC figures released for Construction Safety Week. Over the same 10‑year period, the serious injury rate in construction declined by 32 per cent. WorkSafeBC attributes these improvements to stronger safety management practices, including more effective hazard identification and control that actively involves workers, and more proactive approaches to training, supervision and psychological safety. Read the full article by Jim Wilson with Canadian Occupational Safety. 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). An EL is the maximum allowed airborne concentration for a chemical substance for which it is believed that nearly all workers may be exposed over a working lifetime and experience no adverse health effects.

Woodfibre LNG's Gender Safety Plan Is
Setting a New Industry Standard
How a BC company built Canada's first gender and cultural safety management plan and why regulators may replicate it

When Woodfibre LNG broke ground on its liquefied natural gas project near Squamish, B.C., the company knew the construction phase would draw a large, predominantly male workforce into close proximity with an Indigenous community that had real concerns. The question was not whether those concerns deserved a response, but how substantive that response could be. The answer, developed in collaboration with the Squamish Nation, became what Selena Basi, Vice President of Corporate Relations at Woodfibre LNG, describes as Canada's first Gender and Cultural Safety Management Plan: a regulatory requirement codified alongside the project's environmental assessment approvals and built to protect women, Indigenous workers and two-spirited people both on the worksite and in the surrounding community. Read the full article by Shane Mercer with Canadian Occupational Safety. 

Consultation on Proposed Amendments to Part 20 of the
Occupational Health and Safety Regulation
from WorkSafeBC
Our Policy, Regulation and Research Department is requesting feedback on proposed amendments to Part 20, Construction, Excavation and Demolition – Shotcrete, of the Occupational Health and Safety Regulation. 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. Proposed regulatory amendments under review:

• Part 20, Construction, Excavation and Demolition — Shotcrete

Proposed Amendments to Policy on the Interpretation of
Misrepresentation for Classification Changes
from WorkSafeBC
Classification change policy in the Assessment Manual lists the possible reasons for changing a firm's classification. Under this policy, a firm's failure to provide timely, complete, and accurate information to WorkSafeBC, and to respond promptly to information requests or information provided by WorkSafeBC (the positive duties), is addressed under the heading of fraud or misrepresentation. This creates confusion when the contravention is inadvertent. Our Policy, Regulation and Research Department is releasing a discussion paper with proposed amendments to policy in the Assessment Manual to clarify how a contravention of the positive duties is interpreted in the context of classification change. You're invited to provide feedback until 4:30 p.m. on Friday, June 26, 2026.

First Aid Requirements: What You
Need to Know for Compliance
Employers are responsible for first aid in the workplace to ensure injured workers receive prompt and appropriate treatment and, if needed, are transported to medical aid without delay. They are also responsible for ensuring their workplace has the required first aid equipment, facilities, means of transportation and attendants in place to treat injured workers. In November 2024, WorkSafeBC introduced updated first aid requirements to help protect workers and improve response when injuries happen. These regulations ensure the right level of care is available when it's needed most, especially in high risk and remote environments. The updated regulations address worksite accessibility, first aid kits and attendants, drills and hazard ratings. Some forestry companies are still working through what these changes mean and what they need to do. Here's what you need to know about the requirements and how to stay compliant. Read the full article in the June 2026 Forest Safety News, published by BC Forest Safety Council. 

OHS Policies/Guidelines – Updates

Guidelines – Occupational Health and Safety Regulation
May 7, 2026
Editorial revisions were made to the following guideline.

• Part 14: Cranes and Hoists
  G14.73.3 Notice of project – Significant changes

May 14, 2026

• 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 May 14, 2026). Deletions are shown as strikethrough; additions and revisions are highlighted in green.

OHS Policies – Occupational Health and Safety Regulation
May 14, 2026
OHS Policy R5.48-1 has been amended (effective May 14, 2026) to reflect the current exposure limits for substances listed on the new or revised Threshold Limit Values for December 2025 from the American Conference of Governmental Industrial Hygienists.

• R5.48-1 Controlling Exposure – Exposure Limits

Visit the WorkSafeBC website to explore this and previous updates.