More effective mines permitting and better protection of workers, the environment and the public are among proposed updates to the Mines Act.
“With the changes we are bringing forward today, our government continues to act on the unanimous recommendations of the Mining Jobs Task Force to strengthen B.C.’s mining sector and improve the permitting process,” said Bruce Ralston, Minister of Energy Mines and Petroleum Resources. “The COVID-19 pandemic has reinforced that health and safety must remain a top priority as we continue to build a strong economic recovery that works for people.”
If passed, the legislation will create a new chief permitting officer position, distinct from the chief inspector of mines. The chief permitting officer will ensure the mine permitting process is efficient and effective. The chief inspector will retain responsibility for health, safety and enforcement.
The legislation will further strengthen government’s ability to hold mines accountable. These changes include strengthening investigation authorities, clarifying offence provisions and increasing the limitation period from three to five years in both the Mines Act and the Environmental Management Act.
The proposed changes will also formalize the creation of the Mine Audits and Effectiveness Unit, led by a chief auditor. This unit will conduct audits to ensure mining regulation in B.C. is effective and aligned with global best practices.
The proposed changes were informed by lessons learned from the Mount Polley disaster, recommendations from the Office of the Auditor General and the Mining Jobs Task Force, consultation with stakeholders and input received during the 2019 public comment period on the proposed changes to the Mines Act.
A more efficient and effective permitting process, strengthened regulatory oversight and the creation of an audit function will support quality economic growth for British Columbians while ensuring mining is conducted safely and responsibly.
Quick Facts:
- B.C.’s mining industry had an estimated value of production of nearly $9 billion in 2019.
- In 2018-19, the B.C. mining industry paid over $400 million in mineral taxes to the Province.
- Each direct job at a mine or smelter in B.C. supports at least two jobs in supply or services.
Learn More:
The Mines Audit and Effectiveness Unit has more information available on its web page:
https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/13315
The What We Heard report following the Mines Act public review and comment period is available online:
https://engage.gov.bc.ca/govtogetherbc/impact/proposal-for-changes-to-the-mines-act-results/
The Mining Jobs Task Force report and recommendations are available online:
https://www2.gov.bc.ca/assets/gov/business/natural-resource-industries/mineral-exploration-and-mining/memp_10535_task_force_report_final-rev.pdf
Backgrounder here
2) COVID-19 Related Measures Act
Government has introduced the COVID-19 Related Measures Act, legislation that will allow for the provisions created for citizens and businesses in response to the pandemic to be formalized and unwound as appropriate after the provincial state of emergency ends.
“This legislation will support the delicate work of formalizing and unwinding emergency measures relied on by British Columbians during the pandemic in a way that recognizes that the impacts of COVID-19 may still be felt for an extended period after the state of emergency is over,” said David Eby, Attorney General. “British Columbians can be confident that these emergency orders will not end abruptly the moment the declaration of a state of emergency ends. They will have adequate notice to prepare.”
Currently, all ministerial orders made by the solicitor general under the Emergency Program Act (EPA) end immediately at the conclusion of the provincial state of emergency. Specific orders already made will be extended in the legislation after the end of the state of emergency by 45 or 90 days. Given the possibility of a second wave of COVID-19, the act will also provide the possibility for extension of COVID-19 related orders by up to one year after the act is brought into force, if required. The act will also incorporate current ministerial emergency orders so the legislature may pass and formally recognize them.
Separately, the act allows for the creation of regulations that provide protections from civil liability. For example, emergency orders to protect essential service providers, such as child care operators, and amateur sport organizations from liability, where they operate responsibly and in accordance with public health orders and guidelines, are already in place to respond to concerns from those sectors.
Finally, the proposed legislation introduces two permanent, targeted amendments to the EPA that clarify the powers available to the minister under section 10 to “do all acts and implement all procedures that the minister considers necessary,” and delegates some specific powers to cabinet instead of a single minister.
“Our government took a range of actions to keep communities safe and support essential service workers throughout the pandemic,” said Mike Farnworth, Minister of Public Safety and Solicitor General. “This legislation assures British Columbians that the measures we’ve put in place to fight the impacts of COVID-19 will be there as long as needed.”
Learn More:
Ministerial orders made under the Emergency Program Act that are being enacted under the proposed legislation and/or extended in effect beyond the end of the state of emergency (as of June 1, 2020): https://www2.gov.bc.ca/gov/content/justice/covid-19#emergency-orders
For the latest medical updates, including case counts, prevention, risks and testing, visit: http://www.bccdc.ca/
Or follow @CDCofBC on Twitter.
For the provincial health officer’s orders, notices and guidance, visit: www.gov.bc.ca/phoguidance
For non-health related information, including financial, child care and education supports, travel, transportation and essential service information, visit: www.gov.bc.ca/Covid-19
Or call 1 888 COVID19 (1 888 268-4319) between 7:30 a.m. and 8 p.m. (Pacific time), seven days a week.
3) Motor Vehicle Amendment Act (No.2), 2020
The B.C. government has introduced Bill 20, the Motor Vehicle Amendment Act (No.2), 2020, legislation that will, if passed, offer policy flexibility around the use of the decal on B.C. licence plates.
For example, the legislation allows for validation decals to be non-expiring or valid for periods longer than one year. It also provides for regulations that could authorize ICBC to issue other documents, or take other actions, respecting the validity of a vehicle licence instead of issuing validation decals.
Over the coming months, consultation will begin with law enforcement, brokers and other stakeholders to inform future policy decisions about any changes to use of the decal, as well as to support the drafting of associated regulations.
Learn More:
ICBC reinstates commercial driver tests by appointment: https://www.icbc.com/about-icbc/newsroom/Pages/2020-jun10.aspx
ICBC reinstates all knowledge tests by appointment: https://www.icbc.com/about-icbc/newsroom/Pages/2020-may28.aspx
ICBC waives cancellation and re-plating fees: https://www.icbc.com/about-icbc/newsroom/Pages/2020-apr16.aspx
ICBC defers payments by 90 days: https://www.icbc.com/about-icbc/newsroom/Pages/2020-mar24.aspx
Insurance renewable by phone: https://www.icbc.com/about-icbc/newsroom/Pages/2020-mar18.aspx
4) Amendments to the Wills, Estates and Succession Act
Government has introduced legislation to enable courts to accept electronic wills and to permit the remote witnessing of wills.
The changes will benefit British Columbians who, for example, have a disability, are quarantined, live in rural or remote communities, or would have difficulty attending a lawyer’s or notary’s office due to child care or other responsibilities.
Proposed amendments to the Wills, Estates and Succession Act will enable the courts to accept wills that are created on a computer and signed electronically, and for which there is no printed copy. The amendments will also allow the use of technology for the witnessing of wills by people who are in different locations.
“This modernization initiative was underway before the pandemic, but COVID-19 has made the reasons for these changes obvious to all British Columbians,” said David Eby, Attorney General. “Requiring lawyers or notaries to tromp in and out of hospitals to satisfy legal requirements for wills that could be met easily with existing technology is no longer acceptable to the public. Happily, this is a shift that is endorsed by most practitioners, as well as leading law reform work already underway by a respected national body.”
In British Columbia, like many provinces, an emergency order was made to allow the remote witnessing of wills during the pandemic. By making this change permanent, this order will not be necessary going forward.
The amendments respond to concerns raised by the public and the legal profession about a lack of flexibility in the rules regarding wills. The changes are based on work being undertaken by the Uniform Law Conference of Canada, which makes recommendations to harmonize and reform laws across the country.
“Making a will is important so your estate is distributed as you wish and the people you love and the charities and organizations you care about are provided for,” said Eby. “With this change, lawyers and notaries will no longer have to tell very sick people that there needs to be a personal visit in the hospital, or a court application, before their wishes can be recognized. Technology makes court applications, or the risks of these kinds of visits, unnecessary. COVID-19 has accelerated this necessary reform.”
Learn More:
For more about wills and estate planning, visit:
https://www2.gov.bc.ca/gov/content/family-social-supports/seniors/financial-legal-matters/wills-and-estate-planning
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