West Coast Environmental Law
Research Foundation
NewsletterWest Coast Environmental Law
Research Foundation
NewsletterB.C. Premier William Vander Zalm vetoed B.C.'s long-standing commitment to limit pulp mill organochlorine discharge to 1.5 kg AOX per tonne of pulp by 1994, leading to the resignation of Environment Minister John Reynolds. On December 15, the gutted regulation was announced by new Environment Minister Cliff Serwa, stopping short at 2.5 kg by the end of 1991 with extensions of up to two years for seven mills.
Serwa stated that Cabinet has endorsed a "target" level of 1.5 kg AOX per tonne of pulp, and may go even lower. He says it will make a decision after receiving the results of government-supported research being conducted by SFU and UBC.
May, 1989: Then-Environment Minister Bruce Strachan promises 2.5 kg AOX per tonne of pulp by the end of 1991 and 1.5 by the end of 1994.
Fall, 1989 to November, 1990: Then-Environment Minister John Reynolds confirms commitment to 1.5 in numerous written and public statements.
The provincial government has released its second quarterly non-compliance report, covering June, July and August, 1990. The list shows 11 pulp mills in significant non-compliance with at least one permit and 10 mills that pose a "pollution concern" to the Ministry of Environment.
The government also released a list of charges laid under environmental statutes between April 1 to September 30, 1990. Five pulp mills were charged during that period.
To get a copy of the compliance report and the list of charges contact B.C. Environment in Victoria at 387-9422.
In early December, Cariboo Pulp and Paper was fined $275,000 for pollution offences -- the largest fine levied against a pulp mill in B.C.
The federal government's long awaited assessment of whether organochlorines from pulp mills that use bleaching are toxic under the Canadian Environmental Protection Act will not be completed until "early 1991," according to a December 13 letter from federal environment minister Robert de Cotret to WCELA.
In our December 4 Newsletter we reported that the report was expected in December, five months after its previously disclosed target date. If organochlorines are found to be toxic, the government has promised to regulate them.
MacMillan Bloedel has obtained a further delay in approval of proposed federal regulations against pollution from its Port Alberni pulp mill. Federal environment minister Robert de Cotret told WCELA in a December 13 letter that "proposed control requirements will be developed after ... officials ... (study) a submission from MacMillan Bloedel."
The submission was part of a last-ditch MB lobbying campaign in Ottawa, following lengthy consultation and a public meeting last fall. De Cotret told WCELA and other groups from the Canadian Environmental Network in October that the regulation would be forthcoming shortly.
The proposed special regulation under the Fisheries Act would limit biochemical oxygen demand (BOD) and suspended solids (TSS) to try to reverse critically low levels of dissolved oxygen in Alberni Inlet, which federal scientists have linked to the pulp mill.
The new provincial pulp regulation does impose a tough BOD limit on the Alberni mill, but its TSS standard is twice as high as the proposed federal standard.
Anyone concerned should write directly to Environment Minister de Cotret, Parliament Buildings, Ottawa, Ontario, K1A 0A6 (no postage required).
by Ann Hillyer, aired on CBC Early Edition, December 12, 1990.
"I'm sick and tired of politicians' empty environmental promises.
"Two days ago, B.C.'s Premier Bill Vander Zalm reneged on his government's 19-month-old commitment to pass tough new pulp mill regulations.
"Yesterday, the federal government's long ballyhooed environmental agenda turned out to be mostly a rehash of existing programs and not much more than vague promises for the future. What we need is a real action plan.
"Let's look at some examples.
"Pulp mills. In January of this year, the federal government promised new regulations for pulp mills by mid-1990. No such regulations have been passed. Instead, the Green Plan merely repeats the same promise, this time with a 1991 deadline.
"Global warming. For months the government has said, "Wait for the Green Plan, it'll deal with global warming." Did the Plan adopt the call of the Parliamentary Committee on the Environment for a 20% reduction in greenhouse gases by the year 2005? No, the target now is to level off the increases so that by the end of the century we will be back to where we are now. But that's not a reduction. And even at that, the Plan literally states, "the measures outlined ... are ... unlikely to realize Canada's stabilization target." Moreover, the Plan contains no commitment to enforceable fuel efficiency standards for cars. Cars are the single largest source of carbon dioxide pollution, a major greenhouse gas.
"Migratory birds. The Green Plan promises enforcement of the federal Migratory Birds Convention Act. This would be a welcome change. But it has a hollow ring to it in light of the government's current actions. Environmentalists have been forced to take the government to court to get an environmental assessment of the impact of clearcut logging on the nests of migratory birds.
"Enforcement. Ever since the federal government introduced the Canadian Environmental Protection Act, Canadians have been promised better enforcement of federal environmental laws. Amazingly, the Green Plan devotes less than one page to enforcement.
"Environmental assessment. The Green Plan repeats years of federal promises to legislate a stronger environmental assessment process. But Bill C-78, the government's new Canadian Environmental Assessment Act, would drastically narrow the scope of the existing process.
"Empty environmental promises won't save the planet. Two days ago B.C. lost its tough new pulp mill regulations. Yesterday the federal Green Plan fell flat.
Today -- no more promises please -- let's have some action."
The public trust doctrine was enshrined in legislation by the Northwest Territories Environmental Rights Act, assented to on November 6, 1990. The public trust is defined as "the collective interest of the people of the Territories in the quality of the environment and the protection of the environment for future generations".
The Act allows any person to apply to the Supreme Court for a remedy against a breach of the public trust, subject to a defence that the action was authorized by statute or was on the defendant's private property.
The Act also provides for access to environmental information, citizen-initiated prosecutions and whistleblower protection.
NWT MLA Peter Ernerk stated that comments by WCELA's Ann Hillyer "formed the basis for several improvements in the Bill".
The new NDP government in Ontario has promised to give high priority to an environmental bill of rights. The B.C. Ministry of Environment is also considering such legislation as part of an upgrade and consolidation of environmental legislation.
WCELA/RF Honorary Director Dr. Andrew Thompson was awarded the Canadian Environmental Achievement Award by the Governor General at a ceremony in Ottawa. This is a Lifetime Achievement Award. Congratulations!
The State of the Strait, February 22 to 24, 1991, at the Coast Bastion Inn in Nanaimo. Sponsored by the Save Georgia Strait Alliance. The cost is $40, $50 after January 31. Contact Box 122, Gabriola, B.C. V0R 1X0 (604) 247-8670. Speakers include Dr. Adrienne Peacock, WCELA Vice-President.
Hazardous Waste Management Corporation Act, SBC 1990, chapter 19. Establishes a Corporation to coordinate hazardous waste activities in the province and to clean up the Expo site.
The Hazardous Waste Management Corporation Regulation, BC Regulation 250/90.
Pesticide Control Act Regulation, 439/90, amending 319/81. These amendments require permit applicants to publish notice of a proposed pesticide use in a newspaper circulated in the area concerned. The public will then have 30 days to submit concerns before the applicant lets the regional manager know what action will be taken to deal with issues raised by the public. After a permit is issued, anyone may appeal to the Environmental Appeal Board. Formerly, public notice occurred only after a permit was issued.
Sustainable Environment Fund Act, SBC 1990, chapter 27. Establishes the Sustainable Environment Fund.
Special Waste Regulation, 63/88, amended by 10/89, and 106/89. A variety of amendments.
Spill Reporting Regulation, BC Regulation 263/90. This regulation under the Waste Management Act governs reports to the Provincial Emergency Program.
Guidelines for Canadian Drinking Water Quality, fourth edition.
Canadian Environmental Protection Act, RSC 1985 (4th supplement), chapter 16. Amendment to Schedule I, SC 1989, chapter 9, Bill C-22, a list of toxic substances, regarding PCBs.
PCB Waste Export Regulations, SOR 90/453.
Peace Portal Properties Ltd. v. the Corporation of the District of Surrey, B.C. Court of Appeal No. CA010002, May 18, 1990. Mr. Justice Macdonald and two other judges dismissed the defendant municipality's appeal regarding liability for erosion caused by increased runoff due to urbanization and allowed the plaintiff golf course's cross appeal as to damages. The court rejected the municipality's defence that the Municipal Act provides it with "statutory authorization" to commit a nuisance.
Western Pulp Inc. v. Roxburg et al. Federal Court of Canada Trial Division, No. T-2402-90, November 15, 1990. Strayer, J., dismissed the Woodfibre pulp mill's application to quash the orders closing shellfish fisheries in Howe Sound due to dioxin and furan contamination. Western Pulp has made the same argument as part of its defence against a damage suit in B.C. Supreme Court by Danny Gagnier, a crab fisherman who intervened in this application. Western Pulp Inc. has applied for an expedited hearing of an appeal. Gagnier's civil trial against Western Pulp Inc. and Howe Sound Pulp and Paper (the Port Mellon pulp mill) is set for January 28, 1991.
Regina v. Gowdy and Columbia Bitulithic Ltd. (Ministry of Environment News Release, November 29, 1990). The Crown will appeal a "not guilty" verdict regarding the defendant paving company and a $2,500 fine against the defendant truck driver regarding a July 4, 1989, spill of 4,500 gallons of a petroleum-based paving substance into Coalgoat Creek, 85 km east of Vernon.
The EDRF made a grant to citizen Jack Baker and the Pharis family for expert assistance and legal fees regarding their participation in an alternative dispute resolution process with Finlay Forest Industries and the Ministry of Forests regarding proposed clearcut logging near Tutizzi Lake in north central BC. The company has agreed to a moratorium for the time being. The citizens initiated litigation but it is on hold pending the outcome of the ADR process.
Applications received by the first of the month will be considered by the Fund's Management Committee by the middle of the month. Please contact our office for more information and an application form.
The International Environment: A Reference Book, A Selection of Current Declarations and Agreements, August, 1990, External Affairs and International Trade Canada. This is a very useful reprint of major international environmental declarations and a selection of multilateral environmental agreements. Available from A.C. de Hoog, External Affairs and International Trade Canada, 125 Sussex Drive, Ottawa, Ontario, K1A 0G2.
Forests -- Wild and Managed: Differences and Consequences, Audrey F. Pearson and Derek A. Challenger, eds., Proceedings of a Symposium held January 19-20, 1990, at the University of British Columbia, Vancouver, B.C., by Students for Forestry Awareness and the Forestry Undergraduate Society, October, 1990. Available for $15 from Students from Forestry Awareness, Faculty of Forestry, UBC, 270-2357 Main Mall, UBC, Vancouver, B.C., V6T 1W5.
Renewed Renewals: Current members of WCELA/RF will be receiving renewal notices shortly. Annual membership fees are $10 for students and seniors, $20 for other individuals, $25 for libraries and other institutions, and $30 for law firms. Newsletter subscriptions are the same prices. Members receive the newsletter for free.
Our new streamlined format has certainly helped get this second edition out faster than our old format would have allowed. Let us know if you like it. Happy New Year!
-- BA
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We would like to express our appreciation to the following new members and donors: Doris & John Andrews, Barry Baldwin, Pierre & Therese Belcourt, Marcia Browne, JJ Burgerjon, Bruce Campbell, K Carpenter, DJ Cartwright, Gordon Ellison, Catrina Fortune, Larry Green, John Hackney, Peter Harco, Kathryn Harrison, Robert Houlden, Peter Jarvis, Marilyn Kansky, Elizabeth Kennedy, Elena Klein, Diane MacQueen, Mary Reid, Michael Robinson, Judy Roschlaub, William Storey, AR Thompson, Janice Wilson, Rick Wozny, ZS Wozny, Nachiko Yokota, Steve Zablosky.
This issue of the WCELRF Newsletter, @ 1990, was produced and distributed by Bill Andrews, Morgan Ashbridge, Ann Hillyer, Catherine Ludgate, Jane Ludgate, Denice Regnier, and Carlos Rockhill. We welcome contributions to the Newsletter. Write us at the address below, or fax us at 684-1312. We are grateful to the Law Foundation of British Columbia for core funding of the West Coast Environmental Law Association and West Coast Environmental Law Research Foundation. Donations to WCELRF are tax creditable.
West Coast Environmental Law Research Foundation 1001 - 207 West Hastings Vancouver, BC V6B 1H7 Canada
phone: (604) 684-7378
fax: (604) 684-1312