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Permitting Reform for Renewable Energy Projects
B.C. recently introduced and passed Bill 14 – the Renewable Energy Projects (Streamlined Permitting) Act.
The Bill itself is brief and can be adequately described for our purposes by quoting selectively from the Province's Press Release:
Under Bill 14, a renewable energy project means a project powered by biomass, biogas, geothermal heat, hydro, solar, ocean, wind or other prescribed resource.
The focus of this piece is not on any further analysis of Bill 14 itself – other sources are available for that. Rather we are focused on what Bill 14 represents – part of a reaction in Canada, and in the English-speaking world more generally, to prior delay, inefficiency and unpredictability in the permitting process. Read the full article by Jonathan Drance and Rachel V. Hutton with Stikeman Elliott LLP.
Salmon, Tribal Sovereignty, and Energy Collide as
US Abandons Resilient Columbia Basin Agreement
In June, the Trump administration pulled the federal government out of the Resilient Columbia Basin Agreement – a
deal struck in 2023 by the Biden administration between two states and four Indigenous nations aimed at restoring salmon populations and paving
a way to remove four hydroelectric dams along the river system. The move is likely to revive decades-old lawsuits and further endanger
already struggling salmon populations.
But hydroelectric producers in Washington and Oregon have hailed the administration's decision, citing an increased demand for energy driven primarily by data centers for AI and cryptocurrency operations. Read the Hydro Review article.
Structuring Energy and Indigenous Equity Projects –
Critical Legal and Tax Considerations
Ottawa is preparing for Canada's next generation of major projects, including in relation to energy and
various types of related infrastructure. The federal government has moved quickly to overhaul the legal framework for these projects through
the Building Canada Act, a key component to Bill C-5,
which received Royal Assent on June 26, 2025. This legislation allows the federal government to designate certain developments as "national
interest projects" enabling them to bypass conventional regulatory processes and significantly reduce approval timelines.
Bill C-5, however, has sparked concerns among Indigenous nations and commentators – both for the lack of consultation in its development and passage, and for the risk that it could undermine and erode Indigenous rights. Read the full article by Caroline Morin, Zach Romano, Brendan Sawatsky, Claude E. Jodoin and Joel Tallerico with Fasken.
A 'Penultimate' Milestone: BC Hydro's
Site C Is Almost Complete
BC
Hydro's 1,100 megawatt (MW) Site C project has reached one of its last major milestones with the successful commissioning of its fifth
generating unit.
Testing and commissioning of the sixth and final generating unit is now underway. The unit remains on track to come into operation by this fall, BC Hydro said. Site C, on the Peace River in northeastern British Columbia, is the largest and most expensive infrastructure project in the province's history, with an estimated construction cost of $16 billion. Read the Hydro Review article.
B.C. Premier David Eby Completes Transition From
LNG Doubter With Victory Tour of Kitimat Plant
When David Eby goes all in on something, he does not fool around. Witness the premier's presence in Kitimat this
week to celebrate completion of the LNG Canada project.
"I am so excited about this project and what it means for Canada, what it means for B.C.," the former LNG skeptic declared from the public platform on Thursday [July 31st]. "To be standing here, the proud leader of a province, of a government, that supported the workers in delivering the largest private sector investment in Canadian history – I want to congratulate all the workers and the company on this momentous occasion."
The premier rattled off the reasons for his conversion on the road, to, er Kitimat – including Indigenous partnership and weaning Canada off exclusive dependence on the U.S. for natural gas exports. Read the Vaughn Palmer Vancouver Sun article (Paywall).
BC Energy Regulator Announcements
The following BC Energy Regulator announcements were posted recently:
Visit the BC-ER website for more information.
Act or Regulation Affected | Effective Date | Amendment Information |
Energy Resource Activities Act | July 1/25 | by 2025 Bill 14, c. 12, sections 25 and 26 only (in force by Reg 92/2025), Renewable Energy Projects (Streamlined Permitting) Act |
Energy Resource Activities General Regulation (274/2010) | July 1/25 | by Reg 92/2025 |
Renewable Energy Projects (Streamlined Permitting) Act | NEW July 1/25 |
c. 12, SBC 2025, Bill 14, whole Act in force by Reg 92/2025 |
Renewable Energy Projects (Streamlined Permitting) Regulation (93/2025) | NEW July 1/25 |
see Reg 93/2025 |
Next Stage Of Engagement Begins on
Heritage Conservation Act Changes
In partnership with the First Nations Leadership Council, the Province is moving forward to the next stage of
consultation and engagement on modernizing the Heritage Conservation Act.
The act, which regulates the protection, management and conservation of cultural and heritage sites in B.C., was last substantively updated in 1996.
"The Heritage Conservation Act is how we protect important cultural and archeological sites in B.C., but the current system doesn't work well for people, and it doesn't fully reflect our shared values or commitments," said Ravi Parmar, Minister of Forests. "As we embark on this important engagement, I am committed to ensuring our collective work will lead to a system that will support faster permitting, better planning and more meaningful discussions with people, communities, industry and First Nations."
The project is a multi-year collaborative effort, mandated in 2021 and co-developed through the Joint Working Group on First Nations Heritage Conservation, a committee established by the Province and the First Nations Leadership Council (FNLC) in 2007, which includes members appointed by the FNLC and the Province. It has involved two phases of engagement to date with First Nations across B.C. and more than 300 organizations representing local governments, the heritage and archeology sector, real estate and construction, resource industries and other interested parties. Read the government news release.
Start With the End in Mind: Recovering
Your Clean-Up Costs
In BC, any 'person' can undertake the investigation and remediation of a contaminated site. Often that person
is not the 'person responsible' for the contamination, but has an interest in the property. Remediation can be an expensive and lengthy
process, but in the case of developing a site, for example, it is unavoidable. In short, if it's not clean, you can't build. And, you
certainly can't move people into a building that may be unsafe. This can leave an innocent current owner with no choice but to spend the money
to remediate its property. But what then?
The Environmental Management Act specifically accounts for this scenario by providing a statutory cause of action for any person to use to recover their costs against any responsible person, but to recover your costs they must have been 'reasonably incurred'. This reasonableness requirement should be kept in mind when beginning an investigation and remediation, so at the end of the day you can bring a solid case against any 'responsible persons'. Reasonableness, however, is not necessarily for you to decide. Read the full article by Richard E. Bereti and Adam R. Way with Harper Grey LLP.
The BC Cumulative Effects Framework: Forest
Biodiversity and Old Growth Forests
In the spring 2025 edition of BC Forest Professional
magazine, an overview of the BC Cumulative Effects Framework (CEF) was provided that explained how cumulative effects are being assessed and
managed across British Columbia. Forest professionals in BC are increasingly expected to integrate cumulative effects considerations
into their work, ensuring that decisions are made to effectively manage identified values within their scope of practice. Key guidance and
direction from the provincial government, such as forest stewardship plan guidance and amendments to the Forest and Range Practices Act, as well as legal direction such as the Yahey decision,
all highlight the importance and responsibility to consider cumulative effects in overall resource stewardship. This article explores the CEF
forest biodiversity and old growth forest values and where forest professionals can access the latest available CEF information to
consider cumulative effects in their forest management decisions. Read the full article by Doug Lewis, Traci Van Spengen, Darcie Fodor and Melissa Lucchetta in the BC Forest Professional Summer 2025 issue.
Federal Court Confirms Amendment Process for
Projects Assessed Under CEAA 2012
Large-scale projects requiring environmental or impact assessments in Canada are not static: as projects commence
and develop, their needs can shift, or plans change. A key question for project proponents is how those changes will impact existing
environmental permits, and what the amendment process will look like. A recent Federal Court decision has provided important clarity, confirming
that project amendments are to be assessed against the same standards applied in the original assessment.
In Citizens for My Sea to Sky v. Canada (Environment and Climate Change), 2025 FC 1119, the Federal Court confirmed that where a project originally received its Federal Decision Statement (FDS) under the now-repealed Canadian Environmental Assessment Act, 2012, S.C. 2012, c. 19 (CEAA 2012), amendments to that project can be assessed against the narrower definition of "environmental effects" set out in s. 5 of CEAA 2012. Amendments do not need to be assessed in relation to the broader "effects within federal jurisdiction," defined in the current Impact Assessment Act, S.C. 2019, c. 28 (IAA). Read the full article by Rick Williams and Alysha Flipse with Borden Ladner Gervais LLP.
BC Forest Practices Board Releases
2024-25 Annual Report
The Forest Practices Board has released its 2024-25 annual report,
highlighting nearly three decades of independent oversight and a continued commitment to sound forest and range practices throughout
British Columbia.
This year's report reflects a sector in transition with growing pressures from climate change, wildfires and the need to modernize land management – all requiring strong oversight and innovative responses.
Key highlights from the 2024-25 annual report:
Read the full news release from the Forest Practices Board.
Canadian Product Stewardship and
EPR: 2025 Summer Update
In the first half of 2025, we have seen the continuation of innovative product stewardship and extended producer
responsibility ("EPR") programs across the country. These initiatives aim to divert waste from landfills and cover a broad range of product
categories, including tires, batteries, electronic products, packaging and printed paper, beverage containers, and hazardous and special
products.
This article is the latest update in Gowling WLG's ongoing bi-annual series providing an overview of current developments in Canadian product stewardship and EPR programs.
This review includes new and expanded programs and shifts from product stewardship to EPR models. Emerging initiatives, as well as program delays and changes, are also discussed, with a view to what companies can expect moving forward. Read the full article by Mark Youden, Emma Hobbs, Jessica E.M Boily, Wynona Klemt and Sasha Mines with Gowling WLG.
New Wildlife Management Area Protects
More of Great Bear Sea
The
Province, in collaboration with partner First Nations, has protected 1,450 hectares of critical ecosystems in the Great Bear Sea.
"The Great Bear Sea is home to some of the richest ecosystems in the world, and together with First Nations, we're conserving these important areas that support biodiversity, community well-being and economic prosperity for coastal communities," said Randene Neill, Minister of Water, Land and Resource Stewardship. "In doing so, we continue our partnership with nature. I thank the Gitga'at First Nation and Gitxaała Nation for their efforts in making co-governance possible."
This newest wildlife management area (WMA) covers the north coast's Kishkosh and Kitkiata inlets, southeast of Prince Rupert. Read the government news release.
Introducing BC's Silvicultural Systems Handbook (2nd Edition):
A Provincial Guide for Silvicultural Planning to Meet
Diverse Forest, Stand, and Landscape Goals
Forest management and silvicultural practices in British Columbia are evolving quickly, driven by changing
climates and climatic extremes; natural disturbances; cumulative effects of past forest management practices; a need to improve forest diversity
and resilience; and a desire for landscape-level forest ecosystem management to sustain ecosystems, economies, and cultures. Recent
government policy initiatives that address these issues include the Old Growth Strategic Review recommendations; the Declaration on the Rights of Indigenous Peoples Act, which acknowledges the rights, roles, and goals of First Nations; and the recent Forest and Range Practices Act (FRPA) improvement initiative to support the development of forest landscape plans.
In spring 2025, the Ministry of Forests released the British Columbia Silvicultural Systems Handbook (2nd edition) as Land Management Handbook 79 (LMH 79/the handbook). It is a forestry practice guide for the design and application of silvicultural systems in BC to meet diverse forest stand and landscape goals informed by First Nations values and those emerging from local forest landscape planning processes. In this way, LMH 79 can support and enhance professional silvicultural planning at both the stand and landscape levels. [You can find references to this handbook and other related resources on Quickscribe's EnviroFor Guidance page.] Read the full article by Shannon Pearce, Mike Jull and Ken Zielke published in BC Forest Professional magazine, Summer 2025.
Wildlife Habitat Areas
Notice is hereby given that Medzih (boreal caribou) Wildlife Habitat Areas, Medzih WHA 9-181, 9-182, 9-183, 9-184,
9-185 and 9-186 in the Fort Nelson Natural Resource District, is established for Boreal Caribou in the North Area Region. The Orders were
signed on June 17, 2025 under the authority of sections 9(1), 9(2) and 10(1) of the Government Actions Regulation (B.C. Reg. 582/2004) for the Forest and Range Practices Act.
Details of the Orders may be obtained from the Caribou Recovery Program, North Area Region, Ministry of Water, Land and Resource
Stewardship, Terrestrial Species Recovery, PO Box 9546 STN Prov Govt Victoria, B.C. V8W 9C5.
The Government Action Regulation Order, accompanying map, and spatial files may also be obtained from https://www.env.gov.bc.ca/cgi-bin/apps/faw/wharesult.cgi?search=show_approved[jy10]
Public Consultation Notice: Intact
Forest Landscapes in Canada
Consultation Period: August 1 – September 30, 2025
The Forest Stewardship Council (FSC) Canada is pleased to announce the launch of a public consultation on draft
Indicators related to Intact Forest Landscapes (IFLs). These indicators form part of our ongoing work to strengthen forest stewardship and
protect ecologically and culturally significant forest areas across Canada. Read the notice from the Forest Stewardship Council.
Environmental Appeal Board Decisions
The following Environmental Appeal Board decisions were made recently:
Visit the Environmental Appeal Board website for more information.
Act or Regulation Affected | Effective Date | Amendment Information |
Administrative Penalties Regulation (Environmental Management Act) (133/2014) | July 15/25 | by Reg 7/2019 |
Agricultural Land Commission Act | July 1/25 | by 2025 Bill 14, c. 12, section 24 only (in force by Reg 92/2025), Renewable Energy Projects (Streamlined Permitting) Act |
Code of Practice for Agricultural Environment Management (8/2019) |
July 15/25 | by Reg 8/2019 |
Hunting Regulation (190/84) | July 29/25 | by Reg 140/2025 |
Limited Entry Hunting Regulation (134/93) | July 29/25 | by Reg 140/2025 |
Wildlife Act General Regulation (340/82) | July 29/25 | by Reg 140/2025 |
Wildlife Management Areas Regulation (12/2015) | July 15/25 | by Reg 124/2025 |
Consultation on Proposed Amendments to Part 12 of the
Occupational Health and Safety Regulation
from WorkSafeBC:
Our Policy, Regulation and Research Department is requesting
feedback on proposed amendments to Part 12, Tools, Machinery and
Equipment, sections 12.74 to 12.80.2 – Automotive Lifts and Other
Vehicle Supports, 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:
Consultation on Proposed Amendments to Parts 4, 13, 14, 20, 28, and 31
of the Occupational Health and Safety Regulation
from WorkSafeBC:
Our
Policy, Regulation and Research Department is requesting feedback on proposed amendments to multiple sections of Parts 4, 13, 14, 20, 28, and
31 of the Occupational Health and Safety Regulation,
relating to periodic certification of equipment as safe for use. 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:
Worker Injured in Fall from Loft
Date of incident: January 2022
Notice of incident number: 2022175280001
Employers: Concrete forming company; general construction contractor (prime contractor)
Incident Summary
At a residential house construction site, a worker was dismantling a temporary wood frame scaffold while standing on the floor of the loft, below the scaffold. When he removed the centre support of the scaffold, the I-joists that had been supported by the centre support fell. The worker was struck by a falling I-joist and knocked toward the edge of the loft, where he fell through an opening near the top of the stairs and landed on the main floor about 3.3 m (11 ft.) below. He sustained a serious injury.
Read the full WorkSafeBC report and investigation conclusion here.
September 2025 Public Hearing on Proposed
Regulatory Amendments
from WorkSafeBC:
WorkSafeBC is holding a virtual public hearing on proposed amendments to the Occupational Health and Safety Regulation. The virtual public hearing will be streamed live on September 24, 2025, in two sessions. The first will take place from 11 a.m. to 1 p.m. and the second from 3 to 5 p.m. Further information on how to view or participate in the virtual
public hearing will be provided closer to the hearing date. These details will be posted on worksafebc.com and communicated by enews. You can access the proposed amendments, along with explanatory notes, using the links below:
Public hearings provide stakeholders an opportunity to comment on proposed regulatory amendments. We welcome your feedback on these amendments either by written submission or by participation in the virtual public hearing. Written submissions will be accepted until 4:30 p.m. on Friday, September 26, 2025.
Supervisors in the Crosshairs
Canada's new era of criminal accountability in workplace safety
Canada's legal landscape around occupational health and safety (OHS) is shifting dramatically. Legal experts and safety professionals alike are observing a rising trend: frontline supervisors and small business owners increasingly face criminal charges following serious workplace incidents. At the Canadian Safety Summit held in Brampton, Ontario last month, three prominent legal minds delivered a stark message: the era of rare criminal enforcement is over. Read the full article published by Canadian Occupational Safety.
Worker Downplays Breach of Safety Policy, Gets Fired
A British Columbia employer had just cause to fire a worker who
violated a safety policy and tried to minimize the risk involved, according to an arbitrator. West Fraser Mills (WFM) is a lumber company that operates a lumber
mill in 100 Mile House, BC. It hired the worker in 2005, and he eventually took on the position of oiler at the mill. WFM had a lock-out procedure program and policy that were mandatory
for employees performing work on energized equipment, including conveyor belts. Read the full article by Jeffrey R. Smith with Canadian HRReporter.
OHS Policies/Guidelines – Updates
Guidelines – Occupational Health and Safety Regulation
July 10, 2025
The following guideline was issued on July 1, 2025:
Editorial revisions were made to the following guidelines:
Visit the WorkSafeBC website to explore this and previous updates.
Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. |