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British Columbia’s Water Sustainability Act – A New Approach to Adaptive Management and No Compensation Regulation

On May 28, 2014

By: Deborah Curran

PDF Version: British Columbia’s Water Sustainability Act – A New Approach to Adaptive Management and No Compensation Regulation

Bill commented on:Bill 18 – 2014 (British Columbia), The Water Sustainability Act, 2014 Legislative Session: 2nd Session, 40th Parliament

The British Columbia Legislature gave third and final reading to Bill 18 – 2014, B.C.’s new Water Sustainability Act (“the Act”), on April 29, 2014 as the long awaited overhaul of the water management and allocation regime in B.C. As someone who teaches both municipal and water law I am pleased with the legislation. I have been so bold as to say that the Act is the best piece of environmental legislation introduced in B.C. in more than a decade. Of particular interest, in this age of if not climate change then more extreme weather events that typically involve precipitation in its liquid or frozen forms, is the way the Act strives towards an adaptive approach to water management and thus water rights. Under the new law licences issued in perpetuity will be subject to regional water sustainability plans that can reduce water diversions (ss 64-85) and subject to having their terms and conditions reviewed anytime after thirty years from when the Actcomes into force (s 23). This spectre of changing water rights may hasten a new era of water use as decision makers may amend the terms and conditions of a licence for more efficient use of water or water conservation, and may take into account the following factors when reviewing licence terms and conditions:

the best available technology in respect of water use efficiency and water conservation;
best practices in respect of water use efficiency and water conservation;
any increase in knowledge respecting actual stream flow or aquifer conditions;
the effects of climate change;
the licensee’s beneficial use of the water;
the use, operation or maintenance of works; and
other prescribed factors.

Challenging the Farm Work Exclusions in the Employment Standards Code

By Admin

On May 27, 2014

In Constitutional, Labour/Employment

By: Graham Martinelli and Andrew Lau

PDF Version: Challenging the Farm Work Exclusions in the Employment Standards Code

Legislation Commented On: Employment Standards Code, RSA 2000, c E-9

Editor’s Note

This is the fourth and final post in the series written by students in Law 696: Constitutional Clinical in the winter term of 2014. For the other posts see here, here and here.).

Introduction

In 2014, an adolescent (ages 12-14) working in the food industry in Alberta is restricted from participating in any work involving a deep fryer in a kitchen because deep fryers are deemed to be too unsafe for adolescents to operate (Employment Standards Regulations, Alta Reg 14/1997, s. 51(a)). Regardless of the task engaged in, adolescents working in the food industry must be accompanied by an adult older than 18 years old whenever they work (Employment Standards Regulations, s. 53(3)(b)). Yet, if that same child, or their younger sibling, worked on a farm instead of in a kitchen there would be no similar restrictions on the conditions of their employment. Farm children of any age younger than 15 can operate dangerous heavy equipment without adult supervision, and the laws of Alberta do almost nothing to regulate this scenario.

What is “Advice”? Supreme Court Exempts Policy Options from Access to Information Request

By Sarah Burton

On May 26, 2014

In Privacy, Supreme Court of Canada

By: Sarah Burton

PDF Version: What is “Advice”? Supreme Court Exempts Policy Options from Access to Information Request

Case commented on: John Doe v Ontario (Finance), 2014 SCC 36 (CanLII)

In this case, the Supreme Court of Canada considered whether certain government documents constituted “advice” under the Freedom of Information and Protection of Privacy Act, RSO 1990, c F.31, thus exempting them from disclosure in an access to information request. In making this determination, the Court balanced two competing and important policy interests: the public’s interest in accessing government information, and the government’s interest of obtaining full and frank opinions from public servants. The Court claimed that its decision to protect public service candour was compelled by principles of statutory interpretation. A detailed examination of the case demonstrates that the judgment, while defensible, was actually less inevitable than the Court would like us to believe.

Privacy Legislation Tangles with the Civil Litigation Process

By Linda McKay-Panos

On May 23, 2014

In Privacy

Written by: Linda McKay-Panos

PDF Version: Privacy Legislation Tangles with the Civil Litigation Process

Case commented on:Calgary Board of Education v Alberta (Office of the Information and Privacy Commissioner), 2014 ABQB 189

A recent Court of Queen’s Bench decision demonstrates the intricacies of public bodies holding personal information and seeking to use that information in unrelated legal proceedings.

Harold McBain was formerly employed by the Calgary Board of Education (CBE). He was the subject of harassment complaints in 2003, which were settled. In 2007, Mr. McBain was called as a witness in an unrelated proceeding at the Board of Reference (an appeal process that addresses terminations and suspensions of teachers). The CBE sought to use documents and information related to the 2003 harassment complaints in 2007 in order to attack Mr. McBain’s credibility. The Board of Reference ordered that these documents, which had been obtained by the CBE from one of its human resources employees, be fully disclosed to all other parties in the 2007 matter.

Round One of the Electricity Competition Playoffs Goes to the Market Surveillance Administrator: MSA 1; TAU 0. TAU Cannot Hijack the MSA’s Own Proceeding

By Nigel Bankes

On May 21, 2014

In Energy

By: Nigel Bankes

PDF Version: Round One of the Electricity Competition Playoffs Goes to the Market Surveillance Administrator: MSA 1; TAU 0. TAU Cannot Hijack the MSA’s Own Proceeding

Decision commented on:AUC Decision 2014-135, TransAlta Corporation, TransAlta Energy Marketing Corp., TransAlta Generation Partnership, Mr. Nathan Kaiser and Mr. Scott Connelly; Complaints about the conduct of the Market Surveillance Administrator, May 15, 2014

Is it possible to ensure a competitive electricity market in Alberta? This is I think the broad issue that underlies the current proceedings before the Alberta Utilities Commission (AUC) involving the Market Surveillance Administrator (MSA) and TransAlta (TAU). Several months ago the MSA filed with the AUC notice of a request to initiate a proceeding against TAU and two of its current or former employees, Kaiser and Connelly (K & C). In brief the MSA is charging these parties with unlawfully manipulating the price of electricity as set by Alberta’s power pool to the advantage of TAU in breach of the Electric Utilities Act, SA 2003, c E-5.1 and the Fair, Efficient and Open Competition Regulation, Alta Reg 159/2009. The MSA seeks to prosecute those charges before the AUC as contemplated by the Alberta Utilities Commission Act, SA 2007, c A-37.2 (AUCA). Days before the MSA took this action TAU, K and C seized the moment and filed their own complaints with the AUC under s.58 of the AUCA alleging that the MSA was abusing its position. To be clear, TAU and K and C knew what was in store for them. The MSA had informed TAU three years ago (March 2011) that it was commencing an investigation and it has spent the time in between diligently collecting information from TAU and building its case. The MSA provided TAU with the draft case against it in November 2013. It is fairly evident therefore that the preemptive filing by TAU, K and C was a strategic effort to seize the initiative, put the MSA on the defensive, and perhaps seek to have the complaints against the MSA heard before the MSA’s own case.