British columbia court of appeal confirms province’s jurisdiction over mining – lexology

On November 3, 2016, the British Columbia Court of Appeal (BCCA) issued reasons in Cowichan Valley (Regional District) v. Intra industry trade definition Cobble Hill Holdings Ltd., 2016 BCCA 432. Trade weighted exchange rate definition The case was an appeal from a British Columbia Supreme Court (BCSC) decision to grant injunctive relief to the Cowichan Valley Regional District (CVRD) against Cobble Hill Holdings Ltd. Local trade definition (Cobble Hill). Trade union economics definition In essence, the injunctions prevented Cobble Hill from continuing reclamation activities on a quarry it owned on the basis that this activity was prohibited by a CVRD bylaw. Trade repository definition This decision is significant because the court held that:

Cobble Hill is the fee simple owner of land in the Cowichan Valley. Definition of international trade in economics It operates a rock quarry on this land pursuant to a permit issued by the British Columbia Ministry of Energy and Mines (MEM) under the Mines Act, R.S.B.C. Fair trade definition deutsch 1996, c. Definition of international trade theory 293. Definition of trade payable An integral part of quarrying is reclamation, which is the restoration of the land to its pre-quarry state by backfilling the cavity with soil. Trade sample definition In 2006, Cobble Hill’s permit allowed it to reclaim its quarry site using “clean” soil. Trade in economics definition However, the MEM and the British Columbia Ministry of Environment (MOE) subsequently granted an amendment to the permit allowing Cobble Hill to use contaminated soil to backfill the quarry cavity. Definition of global trade The amended permit also authorized an alternative facility that would permit Cobble Hill to undertake bioremediation of the contaminated soil on site.

The CVRD, the local government with zoning authority in the Cowichan Valley, disputed these amendments. Trade show definition It commenced a petition seeking to stop Cobble Hill’s modified on-site reclamation process, arguing that Cobble Hill’s reclamation activities were effectively a landfill.


Meaning of terms of trade Because landfills are a use of land subject to local government regulation under the general zoning power in the Local Government Act, S.B.C. What is the definition of trade off 2016, c. Trade industry definition 1 ( LGA), the CVRD contended that this reclamation activity should cease since it was prohibited by a CVRD zoning bylaw. Off trade on trade definition The BCSC agreed, holding that Cobble Hill’s site reclamation was a landfill subject to regulation under, and prohibited by, a CVRD zoning bylaw. Trade repositories definition As such, the court granted the CVRD injunctive and declaratory relief. Tourist trade definition Cobble Hill appealed.

The first issue the BCCA considered was whether the BCSC was correct to deem Cobble Hill’s reclamation a landfill. Definition of trade payables If this was correct, the appeal would be decided in favour of the CVRD since landfills are undoubtedly a use of land subject to local government zoning.

The BCCA concluded, however, that the quarry site reclamation was not a landfill. Trade structure definition To characterize this reclamation as a landfill was to ignore that the clear purpose of the reclamation activity was to backfill a quarry and was not to create a municipal waste dump. Merchandise trade definition Further, this characterization ran counter to the Environmental Management Act, S.B.C. What is the definition of trade union 2003, c. Short trade definition 53 ( EMA), under which the amended permit was issued. Fair trade definition geography The EMA clearly distinguishes between municipal waste and the environmental waste, including soil, handled in the reclamation.

Next, the BCCA agreed with Cobble Hill that a quarry is a “mine”, and reclamation a “mining activity”, under the Mines Act. Definition of trade fairs The court considered the definitions set out in the Mining Act, and noted that “mine” includes a place where excavations are made to explore for rock, and “mining activity” includes activity related to the reclamation of a mine. Definition fair trade Thus, it is the disturbance of the surface of land for the excavation of rock that is a “mine”. Pain trade definition Following this interpretation, the court concluded that a quarry is a mine. Trade compliance definition Site reclamation, the court held, also falls within the definition of “mines” and “mining activity”. Definition of trade protectionism It was thus clear to the BCCA, in light of these provisions, that quarries and their reclamation were integral parts of the unified regulatory regime for the oversight of mining in British Columbia.

Finally, the BCCA agreed with Cobble Hills argument that the Province of British Columbia has exclusive jurisdiction over the regulation of mines and their related site reclamation activities. Trade worker definition It was the legislature’s clear intent, according to the court, that the Province have jurisdiction over mining in light of its importance to the provincial economy. Stop loss trade definition This intent was apparent given, among other things, that (1) that the LGA incorporated the definition of “land” from the Community Charter, S.B.C. Trade network definition 2003, c. Definition of fair trade products 26, which expressly excludes “mines”; and (2) many other provisions and statutes reserve control of mines and mining activities to the Province to ensure a unified provincial regulatory scheme.

In particular, the court emphasized that s. Trade journal definition 9(3) of the Community Charter, which the LGA adopts, requires the Province’s approval for a soil bylaw to be enforceable. Definition for trade union The CVRD does not have a soil deposit bylaw because it has been unable to obtain provincial approval for one. Trade organizations definition In the absence of such a soil deposit bylaw, the court held that the CVRD could not regulate or prohibit the deposit of soil on Cobble Hill’s land.

In its arguments, the CVRD relied heavily on Squamish (District) v. Trade dictionary definition Great Pacific Pumice Inc. Trade magazine definition et al., 2003 BCCA 404 ( Pumice). Definition of trade system In that decision, the court held that the off-site storage and processing of minerals did not fall within the “mines” exclusion in the definition of “land” in the LGA. The definition of trade barriers On that basis, the off-site storage land was subject to municipal land use regulations. Trade customer definition However, the BCCA decided that Pumice was not applicable to Cobble Hill’s situation. Trade protectionism definition Pumice, the court said, did not address the issue of whether a quarry and its site are captured by the definition of “mine” and “mining activity” in the Mines Act. Trade imbalance definition Rather, in Pumice, the court held that off-site storage and processing of minerals is not site reclamation. Definition of trade fair Cobble Hill’s activities were on site and were reclamation, which brought them within the definition of “mines” and “mining activity”. Definition of trade in services The court therefore concluded that Pumice did not support the CVRD, and held that the Province had exclusive jurisdiction over the regulation of Cobble Hill’s activities at the quarry.

In the result, the BCCA allowed Cobble Hill’s appeal. Definition of trade publication The exception, however, was that Cobble Hill could not undertake the bioremediation of the contaminated soil on site. Definition of modern trade Unlike the reclamation and quarrying activities, this was not integral to site reclamation, was not “mining activity”, and was thus subject to local government land use regulation.

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