A/HRC/45/12/Add.3
between Trans Mountain and Indigenous are in place with most of the impacted First Nations.
120 of 129 First Nations affected by the pipeline either approve or do not object to it.
https://www.kamloopsthisweek.com/news/tk-emlups-simpcw-first-nations-chiefs-call-ontiny-house-warriors-to-leave-blue-river-protest-camp-1.24163840
Para 78, 1st sentence, comments:
The Province has no objection to peaceful protests and law abiding protestors. The Province
is also supportive and protects the rights of all people to freely express their opinions in a
peaceful manner. Arrests occur, when the Proponent applied for an injunction, which still
allows protesting to take place, but establishes a safety perimeter, mostly for the protection
of the protestors such that they are not in danger during construction operations.
Para 89, 2nd sentence, comments:
It is not clear what “recommended laws” refers to. The statement does not seem to accurately
reflect B.C. or Canadian legal frameworks, wherein laws and legal requirements are not
“recommendations”. B.C. finds it difficult to fact check this statement without better
understanding the UNSR’s intent. B.C. would welcome an opportunity to review revisions
to this section.
B.C.’s water quality guidelines are not legal requirements, they inform statutory decisionmakers when setting legal requirements through permits, authorizations and/or regulations,
which are subject to a robust compliance and enforcement framework in B.C.
Para 89, last sentence, comments:
B.C. is holding Teck Coal fully accountable for environmental impacts from its operations
through strengthened investigations and compliance requirements under the B.C.
Environmental Management Act.
The B.C. Ministry of Environment and Climate Change Strategy’s Compliance Team
administers heightened compliance attention of Teck’s operations in the Elk Valley through
an annual compliance plan.
Between Dec. 2016 and January 2020, the ministry conducted approximately 164 compliance
verification inspections under the valley-wide permit and other individual mine site discharge
permits - either through on-site inspections or data reviews. These inspections resulted in 75
advisories, 34 warnings, two investigation referrals and eight administrative monetary
penalty referrals.
There are ongoing investigations related to effluent discharge by Environment and Climate
Change Canada and B.C.’s Conservation Officer Server at various Teck Coal operations in
the Elk Valley.
Para 90, comments:
Mining laws in B.C. changed based on recommendations following investigations into the
Mt Polley Tailings Dam failure.
Para 112 (e), comments:
The Province has its own safety concerns with respect to Trans Mountain Expansion project,
which the Province has stated numerous times. As a federally regulated project, this
recommendation is best taken up with the Government of Canada.
Comments from the province of Manitoba
Para 56, comments:
The suggestion is that there should be better communication to inform women of
childbearing years of the risks associated with hazardous and toxic exposure.
18
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