I. Legislation

May 2013 The Regulatory Review Page 1

May, 2013 ISSN 1206-9647 Issue 225

I. LEGISLATION

A. Federal

1. Bill C-47, the Northern Jobs and Growth Act, passed second reading in the Senate and was referred to the Standing Senate Committee on Energy, the Environment and Natural Resources, on April 16, 2013. When passed, the Bill will implement the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act.

2. Bill S-15, the Expansion and Conservation of Canada’s National Parks Act, was reported back from the Standing Senate Committee on Energy, the Environment and Natural Resources with one amendment on April 25, 2013. The amendment confirms that the Act does not limit the authority of the Minister to fix fees pursuant to sections 23 or 24 of the Parks Canada Agency Act. A legislative summary of the Bill is available on the website http://www.parl.gc.ca/Content/LOP/LegislativeSummaries/41/1/s15-e.pdf.

3. Bill C-383, the Transboundary Waters Protection Act, passed second reading in the Senate and was referred to the Standing Senate Committee on Foreign Affairs and International Trade on April 25, 2013. The Bill amends the International Boundary Waters Treaty Act to prohibit the bulk removal of transboundary waters.

4. A number of private member’s bills were introduced pertaining to amendments to the Navigable Waters Protection Act. Amendments to the Act were included in one of the omnibus budget acts from 2012, the Jobs and Growth Act, 2012. All of the private member’s bills propose to amend the Schedule to that Act immediately after the coming into force of section 331 of the Jobs and Growth Act, 2012, by adding specific water bodies. The bills are:

 Bill C-490, An Act to Amend the Navigable Waters Protection Act (Boundary Waters – Voyageur Waterway and other rivers),  Bill C-491, An Act to Amend the Navigable Waters Protection Act (Bloodvein River and other rivers),  Bill C-492, An Act to Amend the Navigable Waters Protection Act (Shelburne River and other rivers),  Bill C-493, An Act to Amend the Navigable Waters Protection Act (Ashuapmushuan River, Mistassini River and Peribonka River),  Bill C-494, An Act to Amend the Navigable Waters Protection Act (Main River and Bay du Nord River),  Bill C-495, An Act to Amend the Navigable Waters Protection Act (Cowichan River),  Bill C-496 An Act to Amend the Navigable Waters Protection Act (Kicking Horse River and Clearwater River),  Bill C-497, An Act to Amend the Navigable Waters Protection Act (St. Croix River, Restigouche River and Saint John River),  Bill C-498, An Act to Amend the Navigable Waters Protection Act (North Thames River, Middle Thames River and Thames River),

Environmental Services Association of Alberta #102, 2528 Ellwood Drive SW, Edmonton, AB T6X 0A9 Phone (780) 429-6363 © McLennan Ross LLP 600 West Chambers, 12220 Stony Plain Road, Edmonton, Alberta T5N 3Y4 Phone (780) 482-9200 Edmonton / Calgary / Yellowknife

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 Bill C-499, An Act to Amend the Navigable Waters Protection Act (Alsek River and Other Rivers), and  Bill C-500, An Act to Amend the Navigable Waters Protection Act (Ocean Watersheds).

If passed, the Bills will come into force on Royal Assent, or on the day section 331 of the Jobs and Growth Act, 2012 comes into force, whichever is later.

5. Effective April 1, 2013, sections 579 to 593 of the Jobs, Growth and Long-term Prosperity Act are in force. This Act is one of the omnibus budget acts from 2012, and these particular sections pertain to the closure of the National Round Table on the Environment and the Economy, including the repeal of the statute establishing the Round Table in 1993. (Canada Gazette Part II, April 10, 2013, p. 896.) [The website of the National Round Table has been archived and is available at http://collectionscanada.gc.ca/webarchives2/20130322140948/http://nrtee-trnee.ca/.]

6. Also effective April 1, 2013, Division 13 of Part 4, other than section 285 (transfer of employees and positions), of the Jobs and Growth Act, 2012, is in force. The Act is an omnibus budget act from 2012, and Division 13 of Part 4 pertains to the Hazardous Materials Information Review Act. (Canada Gazette Part II, April 10, 2013, p. 899.)

B. Alberta

1. The Legislative Assembly resumed sitting on April 8, 2013.

2. Bill 21, the Environmental Protection and Enhancement Amendment Act, 2013, was introduced on April 25, 2013. The Bill makes a number of changes, including the addition of section 36.1 permitting the Minister to make regulations respecting environmental monitoring programs, and the replacement of section 188(1) concerning an identification number for hazardous waste. As introduced on April 25th:

Bill 21 will create a funding mechanism between industry and government to support the joint Canada-Alberta implementation plan for oil sands monitoring. The funding arrangement will enable Alberta to collect, hold, and disburse funds and continue to implement the joint plan. Changes to the act will also allow government to move forward on a provincial monitoring system by identifying programs and setting fees to support those programs. The goal of Environment and Sustainable Resource Development is full integration of all hazardous waste management systems in the province. With this in mind, Bill 21 will remove the requirement for personal information numbers, PINs, for hazardous waste management to support implementation of the regulatory enhancement project. Removal of the requirement for a PIN will support the integration of the two waste management systems under the new Alberta energy regulator. Removing the PIN requirement will simplify administration and will not affect environmental assurance.

When passed, the Bill will come into force on proclamation.

3. Bill 201, the Scrap Metal Dealers and Recyclers Identification Act, was reported back from the Committee of the Whole with amendments on April 8, 2013. It passed third reading that day. The Bill is intended to address the theft of scrap metal.

4. Bill 202, the Public Lands (Grasslands Preservation) Amendment Act, 2012, was defeated at second reading on April 8, 2013.

5. Bill 205, the Fisheries (Alberta) Amendment Act, 2012, was referred to the Standing Committee on Resource Stewardship on April 22, 2013. The amendment is intended to formalize the consultation process for setting fishing quotas on an annual basis.

C. British Columbia

1. The Legislative Assembly is dissolved and a general election will be held on May 14, 2013.

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2. Sections 3, 5, and 7of the Protected Areas of British Columbia Amendment Act, 2013, were brought into force on March 27th, 21st, and 31st, respectively.

3. Sections 5 to 8, and 10 to 18 of the Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2012, are in force as of April 1, 2013.

D. Manitoba

1. The Legislative Assembly resumed sitting on April 16, 2013.

2. Bill 24, The Endangered Species Amendment Act (Ecosystem Protection and Miscellaneous Amendments), was introduced on April 22, 2013. As introduced by Gord Mackintosh, Minister of Conservation and Water Stewardship:

this proposed legislation sets out to protect from destruction those rare and critical ecosystems on Crown land that nurture species and plants that are at risk. It also requires recovery strategies for endangered species. It allows for prevention orders to be made to stop pending destructive action, and certainly increases enforcement options, including increased fines, the ability to include in a court order the return of a monetary benefit derived from a breach of the act, forfeiture of seized items and extending the time that a prosecution can be started.

The Bill is available on the website http://web2.gov.mb.ca/bills/40-2/pdf/b024.pdf.

3, There is no further progress on Bill 19, The Waste Reduction and Prevention Amendment and Environment Amendment Act, which was introduced on December 6, 2012.

E. Northwest Territories

1. The Legislative Assembly is adjourned. It will reconvene on May 29, 2013.

F. Nunavut

1. The Legislative Assembly is adjourned. It is scheduled to reconvene on May 7, 2013.

G. Saskatchewan

1. Both of Bill 47, The Saskatchewan Watershed Authority Amendment Act, 2012, and Bill 48, The Management and Reduction of Greenhouse Gases Amendment Act, 2012, remain with the Committee on Economy.

2. Bill 62, The Parks Amendment Act, 2012 (No. 2), Bill 63, The Regional Parks Act, 2012, and Bill 64, The Regional Parks Consequential Amendments Act, 2012, passed second reading on April 9, 2013, and were referred to the Committee on Intergovernmental Affairs and Justice.

3. Bill 80, The Power Corporation Amendment Act, 2012, passed second reading on April 10, 2013, and third reading on April 18, 2013. The amendment adds a subsection exempting the corporation from any action in nuisance. It also adds a new section related to market activities and replaces the section dealing with expropriation. The amendment Bill is available on the website http://docs.legassembly.sk.ca/legdocs/Bills/27L2S/Bill27-80.pdf.

4. Bill 604, The Public Health (Asbestos Right-to-know) Amendment Act, which was amended and reprinted as The Public Health (Howard’s Law) Amendment Act, passed third reading on April 18, 2013. The amendment Bill is available on the website http://docs.legassembly.sk.ca/legdocs/Bills/27L2S/Bill27-604Reprinted.pdf. The Bill will require mandatory reporting of public buildings which contain asbestos.

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H. Yukon

1. The Legislative Assembly is sitting, but there are no changes to report.

II. REGULATIONS

A. Federal

1. The Minister of the Environment released the following Orders/Notices:

a) Amending the Non-domestic Substances List:  Order 2013-87-02-02. (Canada Gazette Part I, April 13, 2013, p. 744.)

b) Amending the Domestic Substances List:  Order 2012-87-12-01. (Canada Gazette Part II, March 27, 2013, pp. 608-611.)  Order 2012-66-12-01. (Canada Gazette Part II, March 27, 2013, pp. 612-615.)  Order 2013-87-02-01. (Canada Gazette Part II, April 10, 2013, pp. 838-842.)

c) Notice with respect to certain organic flame retardant substances. The Notice is issued pursuant to s. 71(1)(b) of the Canadian Environmental Protection Act, 1999, and is issued for the purpose of assessing whether specified substances are toxic or capable of becoming toxic, and for assessing whether and how to control the substances. Those persons described in the Notice who have, or could reasonably be expected to have access to the required information, are required provide it no later than July 30, 2013. (Canada Gazette Part I, March 30, 2013, pp. 613- 634.)

d) Three notices of Ministerial Condition, each pertaining to substances which the Ministers of Environment and Health suspect are toxic or capable of becoming toxic within the meaning of s. 64 of the Canadian Environmental Protection Act, 1999. The Notices set out conditions for the manufacture or import of the substances, which may be manufactured or imported only for use in onshore oil production operations. The Ministerial Conditions, in force as of March 20, 2013, are:

 Ministerial Condition No. 17072, pertaining to the substance poly[oxy(methyl-1,2-ethanediyl)], α-sulfo-ω- hydroxy-, C12-13 branched and linear alkyl ethers, sodium salts, CAS No. 958238-81-8. (Canada Gazette Part I, April 6, 2013, pp. 684-686.)  Ministerial Condition No. 17073, pertaining to the substance poly[oxy(methyl-1,2-ethanediyl)], α-sulfo-ω- hydroxy-, C14-15-branched and linear alkyl ethers, sodium salts, CAS No. 958238-82-9. (Canada Gazette Part I, April 6, 2013, pp. 686-688.)  Ministerial Condition No. 17074, pertaining to the substance poly[oxy(methyl-1,2-ethanediyl)], α-sulfo-ω- hydroxy-, C16-17 branched and linear alkyl ethers, sodium salts, CAS No. 958238-83-0. (Canada Gazette Part I, April 6, 2013, pp. 689-691.)

e) Order Amending Schedule 1 to the Species at Risk Act. The Order, effective March 8, 2013, adds seven aquatic species to Schedule 1 of the Act and reclassifies two species on Schedule 1. The Order also amends Schedule 1 by changing the listing for one species from a single designatable unit to two new designatable units. (Canada Gazette Part II, March 27, 2013, pp. 625-655.)

f) Related to the above, and on the recommendation of the Minister of Fisheries and Oceans, an Exemption Order for Certain Licences, Authorizations and Documents (Westslope Cutthroat Trout (Alberta Population)) is in effect as of March 8, 2013. The Order is pursuant to the Species at Risk Act. (Canada Gazette Part II, March 27, 2013, p. 656.)

g) List of Wildlife Species at Risk (Decisions Not to Add Certain Species) Order. Included with the Order is a statement which explains the reasoning behind the Minister’s recommendation to not add two populations of the Beluga Whale,

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a certain population of the Striped Bass, and Cusk to the List of Wildlife Species at Risk. (Canada Gazette Part II, March 27, 2013, pp. 784-789.)

h) List of Wildlife Species at Risk (referral back to COSEWIC) Order. The Order refers the assessment of the status of a population of the Humpback Whale, and two populations of the Eulachon back to the Committee on the Status of Endangered Wildlife in Canada for further consideration. A statement setting out the reasons is attached to the Order. (Canada Gazette Part II, March 27, 2013, pp. 790-791.)

2. Aboriginal Affairs and Northern Development Canada is proposing Regulations Amending the Mackenzie Valley Land Use Regulations pursuant to the Mackenzie Valley Resource Management Act. The proposed amendments are technical in nature, addressing issues identified by the Standing Joint Committee for the Scrutiny of Regulations. Comments on the proposed amendments are requested by May 6, 2013. (Canada Gazette Part I, April 6, 2013, pp. 716-723.)

3. The Parks Canada Agency is proposing Regulations Amending the Marine Activities in the Saguenay-St. Lawrence Marine Park Regulations pursuant to the Saguenay-St. Lawrence Marine Park Act. Additional information is available in the Canada Gazette Part I. Comments are requested by May 6, 2013. (Canada Gazette Part I, April 6, 2013, pp. 724- 739.)

4. The Ministers of Environment and Health released Publication after screening assessment of three aviation fuel substances — Distillates (petroleum), sweetened middle (CAS RN 64741-86-2), Naphtha (petroleum), sweetened (CAS RN 64741-87-3) and Naphtha (petroleum), full-range alkylate butane-containing (CAS RN 68527-27-5) — specified on the Domestic Substances List (subsection 77(1) of the Canadian Environmental Protection Act, 1999). The Notice indicates that a draft Screening Assessment has been conducted on the substances, with a summary attached to the Notice. The Notice further indicates that as it is concluded that the substances do not meet any of the criteria set out in s. 64 of the Act, the Ministers of Environment and Health will take no further action on the substances at this time. The draft Screening Assessment is available via the website www.chemicalsubstances.gc.ca. Comments on this intent are requested by June 12, 2013. (Canada Gazette Part I, April 13, 2013, pp. 744-748.)

5. The Ministers of Environment and Health released Publication after screening assessment of three fuel oil substances — Fuel Oil No. 4 (CAS RN1 68476-31-3), Fuel Oil No. 6 (CAS RN 68553-00-4) and Residual Fuel Oil (CAS RN 68476-33-5) — specified on the Domestic Substances List (subsection 77(1) and paragraphs 68(b) and (c) of the Canadian Environmental Protection Act, 1999). The Notice indicates that a draft Screening Assessment has been conducted on the substances, with a summary attached to the Notice. The Notice further indicates that as it is concluded that the substances do not meet any of the criteria set out in s. 64 of the Act, the Ministers of Environment and Health will take no further action on the substances at this time. The draft Screening Assessment is available via the website www.chemicalsubstances.gc.ca. Comments on this intent are requested by June 12, 2013. (Canada Gazette Part I, April 13, 2013, pp. 748-751.)

6. The Ministers of Environment and Health released Publication of final decision after screening assessment of 533 substances specified on the Domestic Substances List (subsection 77(6) of the Canadian Environmental Protection Act, 1999). The Notice indicates that:

 a Screening Assessment has been completed and a summary is attached to the Notice;  it is concluded that the substances do not meet any of the criteria set out in s. 64 of the Act, and therefore,  the Ministers of Environment and Health propose to take no further action on the substances at this time. (Canada Gazette Part I, April 20, 2013, pp. 794-812.)

7. The Department of Fisheries and Oceans released proposed Application for Authorization under Paragraph 35(2)(b) of the Fisheries Act Regulations. The proposed Regulations, stemming from the ‘responsible resource development plan’ launched in 2012, are intended to:

 set out the requirements regarding the information and documentation for all applications for authorizations under paragraph 35(2)(b)1 of the Act; and

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 establish procedural requirements and time limits for the processing of these applications.

Comments on the proposed regulations are requested by May 13, 2013. For further information contact Ray O’Flaherty, Legislation and Regulatory Affairs, Fisheries and Oceans Canada by phone at 613-993-0982, fax 613-993-5204, or e-mail [email protected]. (Canada Gazette Part I, April 13, 2013, pp. 769-778.)

8. The Canadian Environmental Assessment Agency released proposed Regulations Amending the Regulations Designating Physical Activities pursuant to the Canadian Environmental Assessment Act, 2012. The proposed amendments will change the types of projects which are subject to environmental assessment, or to ensure that “major projects that have the greatest potential for significant adverse environmental effects in areas of federal jurisdiction” are covered. For further information contact John McCauley, Legislative and Regulatory Affairs, Canadian Environmental Assessment Agency, by phone at 613-948-1785, fax 613-957-0897, or e-mail [email protected]. Comments are requested by May 20, 2013. (Canada Gazette Part I, April 20, 2013, pp. 826-843.)

9. Environment Canada is proposing Regulations Amending the Disposal at Sea Regulations pursuant to the Canadian Environmental Protection Act, 1999. These amendments are also part of the federal government’s ‘responsible resource development plan’ which will establish in regulations “(i) legally binding timelines relating to permitting processes for resource development projects; and (ii) criteria that, if satisfied, would allow for permits for resource development projects to be renewed.” The specific amendments to the Disposal at Sea Regulations establish legally binding timelines for the federal government to issue permits, and set out the criteria for deciding which applications may be considered for renewal and how the renewal process will function. Comments on the proposed amendments are requested by June 26, 2013. For more information contact Linda Porebski, Marine Programs, Environmental Assessment and Marine Programs Division, Environment Canada, by phone at 819-953-4341, fax 819-953-0913, or e-mail [email protected]. (Canada Gazette Part I, April 27, 2013, pp. 879-888.)

10. The Parks Canada Agency released a Description of critical habitat of the Maritime Ringlet in Forillon National Park of Canada pursuant to the Species at Risk Act. The Maritime Ringlet is listed as endangered in Schedule 1 to the Act. (Canada Gazette Part I, April 20, 2013, pp. 821-822.)

11. The Department of Transport issued notice that, pursuant to the Marine Liability Act, and the Marine Liability Regulations, the amounts for the Ship-source Oil Pollution Fund have been established for the fiscal year beginning April 1, 2013. The maximum aggregate liability for any particular occurrence is $161,293,660. The levy in respect of payments into the fund is 48.37 cents per metric ton of oil in excess of 300 metric tons imported into or shipped from Canada. (Canada Gazette Part I, April 27, 2013, pp. 860-861.)

12. Regulations Amending the Fishery (General) Regulations, pursuant to the Fisheries Act, are in force as of March 8, 2013. The amendments privatize operation of the At-Sea Fisheries Observer Program. (Canada Gazette Part II, March 27, 2013, pp. 665-664.)

13. Regulations Amending Certain Regulations Made Under the Fisheries Act are in effect as of March 8, 2013. The amendments address commercial gear tags and validation tabs. (Canada Gazette Part II, March 27, 2013, pp. 665-676.)

14. Regulations Amending the Onshore Pipeline Regulations, 1999, pursuant to the National Energy Board Act, are in effect as of March 21, 2013. The amendments are intended to clarify and standardize management system requirements, including the appointment of an accountable officer, and address pipeline security management matters. The Onshore Pipeline Regulations, 1999, are renamed the National Energy Board Onshore Pipeline Regulations. (Canada Gazette Part II, April 10, 2013, pp. 808-820.)

B. Alberta

1. The Independent Power and Small Power Regulation, AR 111/2003, was amended by AR 48/2013, to extend the date of expiry to ensure a review from April 30, 2013, to June 30, 2019. The Regulation is pursuant to the Electric Utilities Act.

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The amendment regulation is available on the website http://www.qp.alberta.ca/documents/orders/orders_in_council/2013/413/2013_079.html.

2. The Oil and Gas Conservation Regulations, AR 151/71, are amended by AR 41/ 2013, effective March 20, 2013. The amendment adds a definition for Directive 047. (The Alberta Gazette Part II, April 15, 2013, p. 90.)

3. The Oil and Gas Conservation Regulations, AR 151/71, are also amended by AR 44/2013, effective March 28, 2013. The amendment adds requirements for Directive 076. (The Alberta Gazette Part II, April 15, 2013, pp. 97-98.)

4. Effective March 28, 2013, the Wildlife (Migratory Bird Game Guiding, 2013) Amendment Regulation, AR 45/2013, is in effect, amending the Wildlife Regulation, AR 143/97. (The Alberta Gazette Part II, April 15, 2013, pp. 98-103.)

C. British Columbia

1. Via Orders-in-Council approved March 21, 2013, and pursuant to the Environment and Land Use Act, the Denman Island Protected Area Order, and the Boyle Point Protected Area Order, are made.

2. Pursuant to the Forests, Lands and Natural Resource Operations Act, the following were made via Ministerial Order issued in March 2013:  The Cranberry Marsh/Starratt Wildlife Management Area Regulation.  The McTaggart-Cowan/nsek't niw't Wildlife Management Area Regulation.  The Parksville-Qualicum Beach Wildlife Management Area Regulation.  B.C. Reg. 190/1984, the Hunting Regulation, is amended.  B.C. Reg. 134/93, the Limited Entry Hunting Regulation, is amended.  B.C. Reg. 114/2001, the Wildlife Management Areas Regulation, is repealed.

D. Manitoba

1. Two new regulations pursuant to The Climate Change and Emissions Reductions Act are in effect as of April 1, 2013. These are the Greening of Government Vehicles Regulation, Manitoba Regulation 37/2013, available on the website http://web2.gov.mb.ca/laws/regs/2013/037.pdf, and the Green Building Regulation, Manitoba Regulation 38/2013, available on the website http://web2.gov.mb.ca/laws/regs/2013/038.pdf.

2. The Organic Agricultural Products Regulation, Manitoba Regulation 51/2013, was registered on April 25, 2013. The Regulation is pursuant to The Organic Agricultural Products Act, and will come into effect on the same day as the Act. The Regulation is available on the website http://web2.gov.mb.ca/laws/regs/2013/051.pdf.

E. Northwest Territories

(No changes to report.)

F. Nunavut

(No changes to report.)

G. Saskatchewan

1. A Ministerial Order was issued pursuant to The Regional Parks Act, 1979, which establishes, and supersedes any former, boundaries for regional parks. The Order is dated March 15, 2013. (The Saskatchewan Gazette Part I, March 28, 2013, pp. 643-681.)

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2. The Revenue Collection Administration Amendment Regulations, 2013, Saskatchewan Regulations 16/2013, concerning beverage container recycling fees pursuant to The Environmental Management and Protection Act, 2010, have been filed. The Regulations will come into force with section 1 of that Act. (The Saskatchewan Gazette Part II, April 5, 2013, pp. 141-142.)

3. The Crown Oil and Gas Royalty Amendment Regulations, 2013, Saskatchewan Regulations 107/2013, are in effect, retroactive to April 1, 2012, amending the 2012 regulations. (The Saskatchewan Gazette Part II, April 5, 2013, p. 143.)

4. The Freehold Oil and Gas Production Tax Amendment Regulations, 2013, Saskatchewan Regulations 18/2013, are in effect, retroactive to April 1, 2012, amending the 2012 regulations. (The Saskatchewan Gazette Part II, April 5, 2013, pp. 143-144.)

H. Yukon

1. Orders were issued concerning the Liard First Nation, the Ross River Dena Council, and the White River First Nation. The Orders are effective April 1, 2013 through March 31, 2015, and are pursuant to the Lands Act and Territorial Lands (Yukon) Act, the Placer Mining Act and Quartz Mining Act, and the Oil and Gas Act. The Orders concern the withdrawal from disposal of certain lands, the prohibition of entry on certain lands, and the withdrawal from disposal of certain Yukon Oil and Gas Lands. (The Yukon Gazette Part II, April 15, 2013, pp. 19-25.)

III. CONSULTATIONS

1. The Department of Foreign Affairs and International Trade issued:

 a Notice of Intent to Conduct an Environmental Assessment of the Modernization of the WTO Information Technology Agreement. The Government is seeking comments on “any likely and significant environmental impacts on Canada resulting from a modernized WTO ITA”. Further information can be accessed from the website http://www.international.gc.ca/trade-agreements-accords-commerciaux/agr-acc/ita-consult- ati.aspx?lang=eng&view=d. Comments are requested by June 5, 2013. (Canada Gazette Part I, April 6, 2013, p. 691).  a Notice of Intent to Conduct a Strategic Environmental Assessment on a Plurilateral International Services Agreement. The Notice indicates that Canada will be joining with 20 other World Trade Organization members to negotiate a Trade in Services Agreement. The announcement, including a link for additional information on the consultations, is available on the website http://www.international.gc.ca/media_commerce/comm/news- communiques/2013/03/18a.aspx?view=d. Comments are requested by June 19, 2013. (Canada Gazette Part I, April 20, 2013, pp. 812-813.)

2. Notices of applications issued to the Minister of Transport, Infrastructure and Communities under the Navigable Waters Protection Act include the following:

Manitoba  Keeyask Hydropower Limited Partnership submitted an application for four proposed works related to the Keeyask Generation Project in northern Manitoba. Comments on the application are requested by May 6, 2013. (Canada Gazette Part I, April 6, 2013, pp. 708-709.)

Written objections to the notices based on the effect of the work on marine navigation and, in some instances, on the environment as it relates to federal responsibility, are to be submitted to the Regional Manager, Navigable Waters Protection Program, Transport Canada, in Edmonton by the date indicated.

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IV. CASES

1. The Land and Forest Service of Alberta Environment and Sustainable Resource Development released the following administrative penalties:

For contravening terms and conditions of their respective leases in violation of s. 59.3(d) of the Public Lands Act:

 $4,150 to Canadian Natural Resources Limited, operating in the Smoky Area,  $8,250 to Taqa North Ltd., operating in the Smoky Area,  $250 to Birchcliff Energy Ltd., operating in the Smoky Area,  $1,750 to PetroBakken Energy Ltd., operating in the Clearwater Area,  $1,500 to Nuvista Energy Ltd., operating in the Smoky Area, and  $14,500 to Millar Western Forest Products Ltd., operating in the Foothills Area.

Other administrative penalties levied include:

 $1,500 to Harvest Operations Corp., operating in the Smoky Area, for unauthorized use of public land under disposition in violation of s. 59.3(c) of the Public Lands Act.  $8,550 to Hunt Oil Company of Canada Inc., operating in the Smoky Area, for unauthorized use of public land under disposition and contravening tems and conditions of its lease, violations of sections 59.3(c) and (d) of the Public Lands Act.  $2,250 to Weyerhaeuser Company Limited, operating in the Smoky Area, for failing to comply with the terms and conditions of its timber disposition in violation of s. 100(1)(b) of the Timber Management Regulation.

2. Alberta Environment and Sustainable Resource Development issued an Enforcement Order under the Environmental Protection and Enhancement Act to Suncor concerning its Pond C wastewater effluent and limited discharge into the Athabasca River upstream of Fort McKay. The Order was issued following a number of failed wastewater toxicity tests. Under the terms of the Order, Suncor is to temporarily suspend any discharges until corrective actions can be evaluated, identify the source of the toxicity, conduct an engineering audit of the wastewater treatment process, and conduct enhanced monitoring. The company is to submit a Toxicity Identification/Toxicity Reduction Evaluation Monitoring Plan to ABESRD by April 30, 2013.

3. Alberta Environment and Sustainable Resource Development issued the following Environmental Protection Orders under the Environmental Protection and Enhancement Act:

 To Jerry McInnis, director of two companies which own and operate businesses at a light industrial site in the Red Deer area. The Order was issued concerning the failure to remediate the release of a substance which caused or could cause an adverse effect on the environment. The Order requires the submission of a plan prepared by an environmental professional which addresses remediating the contamination, implementation of the remediation plan, and the provision of monthly status reports as well as a final report.  To Kingkorp Ltd. for failing to conserve and reclaim a gravel pit in the Entwistle area, for which the approval expired on November 1, 2009. The Order requires the submission of a reclamation plan, a schedule for implementing the plan, a final reclamation report, and an application for a reclamation certificate.

4. The Alberta Environmental Appeals Board released the following:

Decisions:  Tomlinson v. Director, Northern Region, Operations Division, Alberta Environment and Sustainable Resource Development, re: Evergreen Regional Waste Management Services Commission. This is an appeal of a Licence issued pursuant to the Water Act authorizing the operation of a works and diversion ofwater annually for municipal purposes at the Evergreen Regional Landfill in the County of St. Paul. The Decision reports on the

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Board’s determination that the Appellant is ‘directly affected’ and accordingly, entitled to proceed with her appeal.  Stay and Issues Decision: Gull Lake Water Quality Management Society et al. v. Director, Central Region, Operations Division, Alberta Environment and Sustainable Resource Development, re: Delta Land Co. Inc. Approvals were issued pursuant to the Water Act authorizing the construction and maintenance of a marina, beach, fisheries enhancement works, a storm water management system, and the modification of two wetlands on a site at Gull Lake in Lacombe County. The approvals and licences were appealed and a stay granted. This reports on the Board’s determination that the stay not be lifted as well as the issues to be considered in the upcoming hearing.  Calmar Lands Ltd. and 1330075 Alberta Ltd. v. Director, Northern Region, Operations Division, Alberta Environment and Sustainalbe Resource Development, re: Penn West Petroleum Ltd. This concerns the appeal of an issued reclamation certificate and, specifically whether one of the parties had a right to appeal given that they commenced foreclosure proceedings on the other. The Board determined the party did have the right to appeal the reclamation certificate.

Report and Recommendations  Hohloch v. Director, Southern Region, Environmental Management, Alberta Environment and Sustainable Resource Development, re: Eastern Irrigation District. This concerns an appeal of a Licence Amendment issued authorizing the provision of water for municipal, agricultural, commercial, industrial, habitat enhancement, and recreational purposes. The Board recommended that the Licence Amendment be confirmed as issued. While the Report is dated October 18, 2012, the Minister did not sign the Order confirming the Licence Amendment until February 6, 2013.

Discontinuance of Proceedings  MCP Consultants Inc. v. Alberta Environment and Sustainable Resource Development. This appeal of the refusal to issue an Approval pursuant to the Water Act authorizing wetland disturbance was rendered moot as the wetland was filled in without approval. The appeal was withdrawn and the Board closed its file.  Fairborne Energy Ltd. v. Alberta Environment and Sustainable Resource Development. This appeal of the refusal to issue a reclamation certification was withdrawn following mediation and the Board closed its file.  Don Brandon, North Bay Holdings Ltd. v. Alberta Environment and Sustainable Resource Development, re: Osum Oil Sands Corp. This was an appeal of an Approval issued pursuant to the Environmental Protection and Enhancement Act authorizing the construction, operation and reclamation of an enhanced recovery in-situ oil sands and oil production site near Cold Lake. The appeal was determined to be withdrawn after the Appellant was advised that the specific concerns (muncipal roadway and dust) were not appealable. The Board closed its file.  Darrell Pitts v. Alberta Environment and Sustainable Resource Development. This was an appeal of a letter indicating that work in a wetland was being done without the required approval. An appeal was filed and then withdrawn as the matter was not appealable under the Water Act. The Board closed its file.

5. The Alberta Energy Resources Conservation Board released the following:

Cost Orders:  EnergyCost Order 2013-001: Sinopec Daylight Energy Ltd., Application for Well Licences, Pembina Field. The Board ordered intervenor costs of $26,275.88.

Decisions:  Decision 2013 ABERCB 002: Ravenwood Energy Corp., Application for a Well, Pipeline and Facility, Pembina. The Board accepted the applicant’s request to withdraw its Applications and cancelled the scheduled public hearing.  Decision 2013 ABERCB 003: Ember Resources Inc. Review of Decisions to Rescind Pool Order 0593 106011 2009-09-01 (The Malmo Edmonton A Pool) and Issue Pool Order 0593 106001 2012-05-01, Malmo Field. The Board rescinded the 2012 Order and reinstated the original Malmo Edmonton A Pool with new Pool Order 0593 106014 2013-04-01.

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 Decision 2013 ABERCB 004: Bernum Petroleum Ltd., Applications for One Facility Licence and Two Well Licences, Lochend Area. The Board denied the applications for two horizontal oil wells and a multiwell battery approximately 4.7 km east of Cochrane. Additional information on this decision is available on the website http://www.mross.com/law/Publications/Email+Alerts?contentId=2525.  Decision 2013 ABERCB 006: Secure Energy Services Inc., Section 39 Review of Amendment D to Approval WM 126, Fox Creek Area. The Board ordered that two of the conditions of the Amendment be removed and cancelled the review hearing.  2013 ABERCB 005: Butte Energy Inc., Application for Special Oil Well Spacing, Chigwell Field. The Board adopted the recommendation in the Examiner’s Report and directed that the Application be denied.

6. The Alberta Natural Resources Conservation Board released Board Decision 2013-02/RA09046A: Sunterra Farms Ltd. This reports on the Board’s review of a decision of the Approval Officer declining to remove certain conditions from an existing “deemed” Approval. The Board denied the request to remove the conditions, although it directed that one of the conditions be amended.

7. The National Energy Board issued an Order — Certificate of Public Convenience and Necessity GC-121 to NOVA Gas Transmission Ltd., for the Chinchaga Section of the Northwest Mainline Komie North Extension. (Canada Gazette Part I, April 27, 2013, pp. 875-877.)

8. An Alberta Provincial Court Judge fined Grizzly Oil Sands ULC $100,000 after the company pled guilty to one count of contravening the terms and conditions of its temporary diversion licence issued under the Water Act. A contracted employee provided false water-use information. Of the total penalty, $9,312 will be paid as a fine, and $90,688 allocated to support the Wetland Boreal Plant Revegetation Project.

9. Pursuant to the federal Fisheries Act, a NB Provincial Court Judge sentenced Kelly Cove Salmon Ltd., to a penalty of $500,000 after the company pled guilty to violating the Act through the illegal use of a pesticide which resulted in lobster kills in nearby waters. The pesticide was an agricultural pesticide which is not permitted in marine environments, but was being used, knowingly, to address a major sea lice infestation in an open pen salmon farm. The penalty consists of the allocation of $50,000 to the Environmental Damages Fund, $250,000 towards scholarships, $100,000 to support environmental studies and research projects, and a court fine of $100,000.

10. The BC Environment Minister issued a ministerial order to Teck Coal Limited “requiring the company to submit a plan to address the high levels of selenium and other contaminants in the Elk Valley watershed as a result of decades of coal mining activity.” Additional information is available on the website http://www.newsroom.gov.bc.ca/2013/04/order- issued-to-improve-water-quality-in-elk-valley.html.

V. MISCELLANEOUS ANNOUNCEMENTS

1. The Canadian Council of Ministers of the Environment released:

 Canada-Wide Standard for Mercury Emissions from Coal-fired Electric Power Generation Plants: 2010 Progress Report which is available at http://www.ccme.ca/assets/pdf/pn_1488_cws_mercury_coal_2010_prgrs_rpt_e.pdf.  2010 Progress Report on the Canada-Wide Standards for Particulate Matter and Ozone which is available at http://www.ccme.ca/assets/pdf/pn_1486_pm_ozone_2010_prgrs_rpt_1.0_e.pdf.

2. Alberta Government appointments include:

 Gerry Protti appointed for a five-year term as a member and chair of the transition committee under the Responsible Energy Development Act.  William Lyttle, Anne Michaud, and Marki Kolesar, reappointed for five-year terms as members of the Alberta Utilities Commission.  Tudor Beattie reappointed for a three-year term as member of the Alberta Utilities Commission.

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The information in this publication is not intended as legal advice. Please contact your legal counsel to determine how this information will affect you or your business.

EGULATORY EVIEW ESAA R R The Regulatory Review is produced by McLennan Ross LLP and is distributed to ESAA Members monthly.

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