Regulatory Corner - April 2024

 

British Columbia – From Flood Risk to Resilience: A B.C. Flood Strategy to 2035

On March 21, 2024, the B.C. government released its new comprehensive flood Strategy, following engagement with the public, key stakeholders, First Nations and municipalities.

According to the Province, the Strategy aims to achieve several goals, including reducing the impact of flooding, promoting sustainable growth and prosperity, safeguarding cultural assets, and enhancing the environment for the collective wellbeing. Through a phased implementation approach, the Strategy aims to future-proof the Province’s ability to respond to flood emergencies, ensure infrastructure resilience, preserve land and water for future generations, prioritize co-benefits and ecosystem services, and enhance public safety.

Further information on the Strategy is available at https://www2.gov.bc.ca/gov/content/environment/air-land-water/water/drought-flooding-dikes-dams/integrated-flood-hazard-management/bc-flood-strategy


Ontario – Proposal for Consultation Changes to Dam Orders

On March 5, 2024, the Province announced consultation on a proposal to amend Regulation 73/94 of the Environmental Bill of Rights to exempt from mandatory public consultation, five types of orders issued to dam order under authority of the Lakes and Rivers Improvement Act (LRIA):

• repair or remove a dam
• rectify problems with a dam based on an engineer’s report
• do what is necessary in respect of a dam to further the purposes of the LRIA based on an examination and report of an engineer
• to construct a fishway at a dam and
• take steps to remove a substance or matter from a lake or river.

In support of the proposal, the Province noted that quick response time is often critical to achieve the intended purpose of these orders in the public interest. In this context, posting proposed orders for public consultation in advance of issuing them may cause a delay that undermines the effectiveness of the orders

Information on the regulatory proposal is available at Exempting five Lakes and Rivers Improvement Act orders from certain requirements of Part II of the Environmental Bill of Rights, 1993 through proposed amendments to Ontario Regulation 73/94 | Environmental Registry of Ontario


Ontario – New Mine Rehabilitation Regulation and Mining Code

As of April 1, 2024, Ontario will have a new Rehabilitation of Lands regulation issued under authority of the Mining Act. The new regulation will replace the previous O.Reg 240/00 Advanced Exploration, Mine Development and Closure regulation.

While the Ontario Mining Code was previously part of the regulation, an updated and revised Mining Code has now been released separate from the regulation. Like the former Mining Code, technical guidance from the Canadian Dam Association is referenced in relation to mine tailings facilities.

The new regulation is available at the following web link: O. Reg. 35/24: REHABILITATION OF LANDS (ontario.ca)

The new Ontario Mining Code is available at Mine rehabilitation code of Ontario (gov.on.ca)