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Vol: VII  –  Issue: III      March 31, 2008

QUICKSCRIBE NEWS:

Changes to the tobacco laws — New regulations under the Tobacco Control Act that restrict the promotion and sale of tobacco products, and ban smoking in indoor public spaces and workplaces take effect on March 31, 2008. Some new features include bans on: smoking in all indoor public spaces and work places; smoking within three metres of public and workplace doorways; tobacco sales in public buildings and the display and promotion of tobacco products in all places where tobacco is sold that are accessible to youth under 19.

The Legislature — The House is now back from its two-week spring recess. Some of the Bills working their way through the House include the Prevention of Cruelty to Animals Amendment Act, 2008 (Bill 9), the Small Business and Revenue Statutes Amendment Act, 2008 (Bill 11) and the Labour and Citizens' Services Statutes Amendment Act, 2008 (Bill 13).

Progress of Bills Tool — Quickscribe plans to introduce a new notification tool designed to keep you better informed of upcoming changes to relevant legislation. This exciting new feature will notify you the moment a particular Bill has reached 1st, 2nd and 3rd reading stages. We hope to have this project completed by the end of 2008. More information will be forthcoming.

New Help Menu — A new, more interactive help menu is scheduled to be released shortly.


FEDERAL LEGISLATION — For notification of federal amendments, we recommend you use our RSS feed.

Click for:  ENERGY & MINES
Click for:  FAMILY, WILLS & ESTATES
Click for:  FOREST AND ENVIRONMENT
Click for:  HEALTH
Click for:  LABOUR & COMPANY
  Click for:  LOCAL GOVERNMENT
Click for:  MISCELLANEOUS
Click for:  MOTOR VEHICLE
Click for:  REAL ESTATE & BUILDERS LIEN

ENERGY & MINES RELATED
Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
FAMILY, WILLS & ESTATES RELATED

Family, Wills and Estates News:

School board decisions open to appeal as new B.C. legislation takes effect — Parents unhappy with school board decisions that significantly affect their child can now appeal such rulings it was recently announced. The change was in legislation passed a year ago but not brought into force until this week. Until now, parents and students could only appeal decisions by district employees to their school board, whose decision was final. Appeals of board decisions can now be heard by one of three B.C. superintendents of achievement, who can deny the appeal or send it to mediation or arbitration. See the information under the Local Government Related entries below or the News Article.

Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
FOREST AND ENVIRONMENT RELATED

Forest and Environment News:

Forestry statutes amendments introduced — Amendments to forestry legislation were recently introduced in the Legislature which clarify wildfire protection rules in rural communities and assist First Nations in accessing timber for domestic use. 2008 Bill 8, the Forests and Range Statutes Amendment Act, 2008, proposes amendments to strengthen wildfire protection for communities by ensuring that strong local bylaws or the Wildfire Act apply in areas regulated by local governments. See 2008 Bill 8 or the News Release.

Forest Practices Code (Pre-January 31st, 2004) Now in Database Format — Forestry clients will be happy to know that the transitional version of the BC Forest Practices Code is now available in both PDF and database format.

Split decision on softwood lumber — An international arbitration panel recently delivered a split decision in the first dispute settled under the 2006 Softwood Lumber Agreement, turning down an American complaint that could have cost B.C. $50 million, but upholding the complaint against central and eastern Canadian provinces. See News Story.

Act or Regulation Affected Effective Date Amendment Information
Code of Practice for the Concrete and Concrete Products Industry (Reg 329/2007) NEW
Mar. 1/08
by Reg 329/2007
Lheidli T'enneh Designated Area (Reg 222/2006) Mar. 25/08 by Reg 62/2008
New Tree Fruit Varieties Development Council Regulation (44/20020 Mar. 6/08 by Reg 41/2008
Waste Discharge Regulation (320/2004) Mar. 1/08 by Reg 329/2007
HEALTH RELATED

Health News:

Health authorities to get 19% increase over three years — Health authority budget allocations over the next three years will reach the highest levels ever, climbing to $9 billion in 2010/11, it was recently announced. Budget 2008 provides an additional $4.9 billion in new spending on health care across the province from 2008/09 to 2010/11, including $2 billion in additional funding for health authorities – an increase of 19 per cent. See News Release.

Act or Regulation Affected Effective Date Amendment Information
Community Living Authority Regulation (231/2005) Mar. 6/08 by Reg 44/2008
Health Act Communicable Disease Regulation (4/83) Mar. 6/08 by Reg 51/2008
Medical and Health Care Services Regulation (426/97) Mar. 6/08 by Reg 52/2008
LABOUR & COMPANY RELATED

Labour and Company News:

Report re: Personal Information Protection Act — A report was recently submitted by the Office of the Information & Privacy Commission for BC. The report concluded that the Personal Information Protection Act was a balanced and effective law that did not require major changes. See Special Committee to Review the Personal Information Protection Act report.

Changes to the tobacco laws — New regulations under the Tobacco Control Act that restrict the promotion and sale of tobacco products, and ban smoking in indoor public spaces and workplaces take effect on March 31, 2008 (see details below). Some new features include bans on smoking in all indoor public spaces and work places; smoking within three metres of public and workplace doorways; tobacco sales in public buildings and the display and promotion of tobacco products in all places where tobacco is sold that are accessible to youth under 19.

Securities regulations — A number of regulations under the Securities Act have been introduced, repealed or amended recently. Most have been posted to the Quickscribe site (see details below) and the remaining are expected to be available shortly.

New website improves access to labour data — Employers, unions, researchers and the public now have instant access to the latest information on collective agreements in B.C. Visitors to the website (www.bcbargaining.ca) can find information on the status of labour negotiations throughout the province and the latest data on settlements, expiring agreements, work stoppages and wages. See News Release.

Consumer Taxation Branch — For the latest from the Consumer Taxation Branch, see What's New.

Act or Regulation Affected Effective Date Amendment Information
British Columbia Instrument 52-509 Audit Committees (Reg. 216/2005) REPEALED
Mar. 17/08
by Reg 57/2008
Employment and Assistance for Persons with Disabilities Regulation (265/2002) Mar. 6/08 by Reg 46/2008 and by Reg 47/2008
Mar. 17/08 by Reg 48/2008
Employment and Assistance Regulation (263/2002) Mar. 17/08 by Reg 47/2008 and by Reg 48/2008
Forms Regulation (315/2005) Mar. 6/08 by Reg 56/2008
Multilateral Instrument 11-101 Principal Regulator System (265/2005) Mar. 17/08 by Reg 58/2008
Multilateral Instrument 11-102 Passport System (Reg 58/2008 NEW
Mar. 17/08
by Reg 58/2008
National Instrument 14-101: Definitions (Reg 48/97) Mar. 17/08 by Regs 57/2008 and 59/2008
National Instrument 41-101: Prospectus Disclosure Requirements (Reg 423/2000) REPEALED
Mar. 17/08
by Reg 59/2008
National Instrument 44-101 Short Form Prospectus Distributions (Reg 370/2005) Mar. 17/08 by Reg 59/2008
National Instrument 44-103: Post-Receipt Pricing (Reg 426/2000) Mar. 17/08 by Reg 59/2008
National Instrument 45-101: Rights Offerings (Reg 165/2001) Mar. 17/08 by Reg 59/2008
National Instrument 58-101: Disclosure of Corporate Governance Practices (Reg 241/2005) Mar. 17/08 by Reg 57/2008
National  Instrument 81-104 Commodity Pools (Reg 283/2002) Mar. 17/08 by Regs 57/2008 and 59/2008
Rule 44-801: Implementing National Instrument 44-101 Short Form Prospectus Distributions (Reg 427/2000) REPEALED
Mar. 17/08
by Reg 59/2008
Rule 44-802: Implementing National Instrument 44-102 Shelf Distributions (Reg 428/2000) REPEALED
Mar. 17/08
by Reg 59/2008
Rule 44-803: Implementing National Instrument 44-103 Post-Receipt Pricing (Reg 429/2000) REPEALED
Mar. 17/08
by Reg 59/2008
National Instrument 58-101: Disclosure of Corporate Governance Practices (Reg 241/2005) Mar. 17/08 by Reg 57/2008
Rule 71-801 - Implementing the Multijurisdictional Disclosure System under National Instrument 71-101 (Reg 344/98) Mar. 17/08 by Reg 59/2008
Rule 71-802 Distributions Outside of BC under the US Multijurisdictional Disclosure System (Reg 345/98) Mar. 17/08 by Reg 59/2008
Securities Act Mar. 17/08 by 2006 Bill 20 ss. 18(part), 20, 21, 39, 47(b), 64, 66(a)-adding "81" only (Reg 43/2008Securities Amendment Act, 2006
Securities Rules Regulation (194/97) Mar. 17/08 by Regs 57/2008 and 59/2008
Social Services Employers Regulation (84/2003) Mar. 6/08 by Reg 50/2008
Tobacco Control  Act Mar. 31/08 by 2007 Bill 10 ss. 3(part), 4, 5(a) only (Tobacco Sales (Banning Tobacco and Smoking in Public Places and Schools) Amendment Act, 2007
Tobacco Control Regulation (232/2007) Mar. 31/08 by Reg 394/2007
LOCAL GOVERNMENT RELATED

Local Government News:

Brownfield renewal creates greener BC communities — The Ministry of Agriculture and Lands has outlined an innovative solution to revitalize abandoned and underutilized lands known as brownfields so that British Columbians can get the most value out of the land in their communities. See News Release.

Proceeds of crime to aid prevention efforts, victims — Communities across B.C. will share in $500,000 forfeited as a result of unlawful activity it was recently announced. The new funding program will provide one-time-only grants of up to $20,000 to help prevent and address the effects of crime. Local governments, community and youth organizations, school districts, police departments, victim service programs, Aboriginal organizations and First Nations bands will be invited to apply. See News Release.

Permanent gas tax fund supports cities and communities — As a result of the federal budget being tabled in the House of Commons, the decision was made to make the gas tax transfer permanent. The permanent gas tax fund will provide the kind of funding support our cities and communities need: significant, sustained and predictable. Combined with the suite of infrastructure programs announced in last year’s budget, which will deliver more than $18 billion over the next six years, these measures clear the way for development of a national plan to eliminate the $123-billion municipal infrastructure deficit. See News Release.

Legislative changes address local government needs — 2008 Bill 7, the Local Government Statutes Amendment Act, 2008, which was recently introduced in the Legislature, will provide a series of legislative improvements, will provide local governments with more flexibility for advance voting and will provide greater accountability and transparency during local government elections. See 2008 Bill 7 or the News Release.

Safer and greener buildings coming to B.C. — Changes creating safer buildings and a greener B.C. Building Code were recently introduced in Bill 10, the Housing Statutes Amendment Act, 2008. Bill 10 will ensure that greener buildings can be constructed and will respond to rapidly changing building technology. See 2008 Bill 10 or the News Release.

LoGo Notebook — Staples McDannold Stewart has posted the Winter 2007/2008 issue of their LoGo Notebook which includes informative articles on in camera meetings, tendering documents and subdivision requirements, among others. See LoGo Notebook.

School board decisions open to appeal as new B.C. legislation takes effect — Parents unhappy with school board decisions that significantly affect their child can now appeal such rulings it was recently announced. The change was in legislation passed a year ago but not brought into force until this week. Until now, parents and students could only appeal decisions by district employees to their school board, whose decision was final. Appeals of board decisions can now be heard by one of three B.C. superintendents of achievement, who can deny the appeal or send it to mediation or arbitration. See News Article.

Act or Regulation Affected Effective Date Amendment Information
Appeals Regulation (24/2008)
NEW
Mar. 3/08
see Reg 24/2008
Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation Feb. 27/08 by Reg 38/2008
Resort Area Tax Regulation (89/2007) Mar. 1/08 by Reg 40/2008
Resort Region Regulation (90/2007) Feb. 29/08 by Reg 39/2008
School Act Mar. 3/08 by 2007 Bill 20 ss. 6, 7, 32, 42 enacting s. 175(2)(r) only (Reg 24/2007School (Student Achievement Enabling) Amendment Act, 2007 and 2007 Bill 33 s. 61 only (Reg 24/2007Attorney General Statutes Amendment Act, 2007
South Coast British Columbia Transportation Authority Act Mar. 6/08 by Reg 55/2008
MISCELLANEOUS
Act or Regulation Affected Effective Date Amendment Information
Ministers of State Expected Results for the 2008/2009 Fiscal Year Regulation (37/2008) NEW
Feb. 20/08
see Reg 37/2008
MOTOR VEHICLE RELATED

Motor Vehicle News:

B.C. creates Crown corporation for Port Mann project — Bill 14, the Transportation Investment (Port Mann Twinning) Amendment Act, was recently introduced which will provide for the establishment of a commercial, self-sustaining crown corporation to deliver the Port Mann/Highway 1 Project. See News Release.

Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
REAL ESTATE & BUILDERS LIEN RELATED
Act or Regulation Affected Effective Date Amendment Information
Manufactured Home Park Tenancy Act Mar. 10/08 by 2006 Bill 27 ss. 49, 52(b) only (Reg 60/2008) Tenancy Statutes Amendment Act, 2006
Manufactured Home Park Tenancy Regulation (481/2003) Mar. 10/08 by Reg 60/2008
Residential Tenancy Regulation (477/2003) Mar. 10/08 by Reg 60/2008
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