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Vol: VII  –  Issue: V      May 30, 2008

QUICKSCRIBE NEWS:

Quickscribe Introduces New Interpretative Service — Quickscribe Services Ltd. is thrilled to announce a strategic alliance with Westhaven Forestry Law, a Nanaimo-based law firm that offers a wide range of legal services relevant to forestry operations in BC. This new partnership will provide Quickscribe clients with a unique insight into recent and upcoming legislative changes pertinent to the forest industry in easy to understand language. For more information about this exciting initiative please view the official Announcement and see the first issue of the online Forestry Law Reporter.

In our ongoing efforts to find ways to add value to your service, Quickscribe also has plans to enter into similar arrangements with additional legal experts who specialize in other areas of law.


Spring session of the Legislature ended — As expected, the House adjourned the afternoon of Thursday May 29, passing a number of bills, some of which had little or no debate. The Liberals introduced more than 40 bills in recent weeks, including six bills to amend and modernize health laws and nearly as many on climate change, including a new law to slap a carbon tax on fossil fuels.

B.C. Liberals back down on controversial "gag law" — As reported in CBC news, B.C.'s Liberal government has partially backed down on some of the more controversial provisions in Bill 42, dubbed the "gag law" by its critics, who immediately denounced the changes as inadequate. Bill 42, the Election Amendment Act, caps spending on election advertising by all groups other than political parties at $150,000 overall, or $3,000 per riding. See CBC News Story.


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
Net Profit Royalty Regulation (98/2008) NEW
May 8/08
see Reg 98/2008
Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation (495/92) May 8/08 by Reg 99/2008
FAMILY, WILLS & ESTATES RELATED
Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
FOREST AND ENVIRONMENT RELATED

Forest and Environment News:

New Forestry Interpretative Service — Quickscibe has teamed up with Westhaven Forestry Law to bring you a new, easy to understand interpretative summary report of recent and upcoming forestry legislation changes. Jeff Waatainen, principle of Westhaven Forestry, is a published author and columnist in the field, and a former adjunct Professor of law at UBC with over a decade of experience with the forestry practice group of a major firm in the field. Jeff will work with Quickscribe to publish the new Forestry Law Reporter. The report will be published periodically in the Quickscribe Reporter and will be made available exclusively to Quickscribe clients. For more details about this exciting initiative please view the official Announcement.


NEW: The Forestry Law Reporter, by Jeff Waatainen — Bill 8 received Royal Assent and was enacted on March 31, 2008. A handful of sections came into force immediately upon Royal Assent, and another couple of sections will come into force as of June 1, 2008. The remainder will come into force by Order in Council.

Bill 8 represents a modest package of amendments to BC’s forestry legislation, and is primarily of interest to planning and administrative foresters and forest technicians. For more details, please view the Forestry Law Reporter. The Forestry Reporter is published by Jeff Waatainen, Westhaven Forestry Law for the benefit of Quickscribe Online Clients. *Disclaimer *.


Update to Resource Road Act (Bill 30), — mentioned in last month's Reporter as being introduced in the Legislature, the bill did not go forward this session.

New forestry programs to support workers, communities — Three new programs to support forest workers and communities coping with the challenges of a changing industry were recently announced. The programs will be funded through the $129 million Community Development Trust announced last January by the federal government. Since January, the Ministry of Forests and Range, the Ministry of Economic Development, and the Ministry of Labour and Citizens’ Services have been consulting with communities, industry and labour organizations to develop programs that will have the most immediate benefit for those impacted. See News Release.

90-day forestry regulatory review actions identified — The 90-day forestry regulatory review has identified four major steps that will enable government to immediately cut red tape to help the forest industry it was recently announced. The forestry regulatory review was established to streamline red tape and cut processing time. The next steps emerging from the forestry regulatory review are:

  1. Implement initiatives that do not require legislative change or further consultation as soon as possible.
  2. Consult with the forest industry in the next 30 days about additional actions that can be taken to assist the industry.
  3. Consider changes to First Nations’ forest tenures.
  4. Prepare legislative changes for longer-term proposals.

For more information, see News Release.

Congress passes bill that will make life even harder for ailing forestry industry — As reported in the Vancouver Sun, the U.S. Congress passed a bill recently that could wrap Canadian lumber imports in red tape and has the potential to impose limits beyond the restrictions already in the softwood lumber agreement. See Vancouver Sun News Story.

Act or Regulation Affected Effective Date Amendment Information
Administrative Orders and Remedies Regulation (101/2005) May 16/08 by Reg 104/2008
Engineers and Geoscientists Act May 2/08 by 2007 Bill 12 ss. 20-40 only (Reg 89/2008) Miscellaneous Statutes Amendment Act, 2007
Forest Planning and Practices Regulation (14/2004) May 16/08 by Reg 104/2008
Hydro and Power Authority Act May 1/08 by 2008 Bill 2 ss. 33-34 only Budget Measures Implementation Act, 2008
Park Act RETRO to
Apr. 1/08
by 2008 Bill 2 ss. 78-79 and 81 only Budget Measures Implementation Act, 2008
Sea to Sky Phase 2 Designated Area Regulation (101/2008) NEW
May 9/08
see Reg 101/2008
South Moresby Implementation Account Act [REPEALED] ACT REPEALED
RETRO
to
Mar. 31/08
by 2008 Bill 2 s. 112 only Budget Measures Implementation Act, 2008
Special Accounts Appropriation and Control Act RETRO to
Mar. 31/08 (s. 113) &
Apr. 1/08 (s. 114)
by 2008 Bill 2 ss. 113-114 only Budget Measures Implementation Act, 2008
HEALTH RELATED

Health News:

BC Legislation catches MDs off Guard — As reported in the National Review of Medicine, earlier this year the government of British Columbia announced plans for wide-ranging healthcare reforms, setting off something akin to panic in the medical community. For the full story see News Story.

Government accepts drug plan recommendations — Government has accepted all of the recommendations from the Pharmaceutical Task Force, it was recently announced. See News Release.

Act or Regulation Affected Effective Date Amendment Information
Financial Administration Act RETRO to
July 1/07
by 2008 Bill 2 ss. 18-19 only Budget Measures Implementation Act, 2008
Health Professions Act May 1/08 by 2008 Bill 13 s. 31 only Labour and Citizens' Services Statutes Amendment Act, 2008
LABOUR & COMPANY RELATED

Labour and Company News:

Bill on insurance reform falls off the legislative table — As reported in the Vancouver Sun, Finance Minister Carole Taylor claimed a first in provincial lawmaking this spring with the introduction of a rewrite of legislation governing the insurance industry. However, only six days later the bill was deferred for the session. See Vancouver Sun News Story.

Act or Regulation Affected Effective Date Amendment Information
Climate Action Dividend Regulation (105/2008) NEW
May 16/08
see Reg 105/2008
Corporation Capital Tax Act RETRO to
Jan. 1/01
by 2008 Bill 2 s. 10 only Budget Measures Implementation Act, 2008
May 1/08 by 2008 Bill 2 s. 8 only Budget Measures Implementation Act, 2008
Designated Institutions Regulation (158/2003) May 8/08 by Reg 100/2008
Employment and Assistance for Persons with Disabilities Regulation (265/2002) May 1/08 by Reg 76/2008
May 2/08 by Reg 87/2008
May 5/08 by Reg 94/2008
May 16/08 by Reg 102/2008
Employment and Assistance Regulation (263/2002) May 1/08 by Reg 77/2008
May 2/08 by Reg 87/2008
May 5/08 by Reg 94/2008
May 15/08 by Reg 86/2008
May 16/08 by Reg 102/2008
Employment Standards Act May 1/08 by 2008 Bill 13 s. 2 only Labour and Citizens' Services Statutes Amendment Act, 2008
First Nations Education Act NEW
May 16/08
SBC 2007 ch. 40 (2007 Bill 46) (Reg 103/2008) First Nations Education Act, 2008
Income Tax Act RETRO to
Jan. 1/08
by 2008 Bill 2 ss. 36, 52, 55, 58 & 60 only Budget Measures Implementation Act, 2008
RETRO to
Feb. 19/08
by 2008 Bill 2 ss. 53, 56  & 59 only Budget Measures Implementation Act, 2008
RETRO to
Mar. 31/08
by 2008 Bill 2 ss. 41  & 50 only Budget Measures Implementation Act, 2008
May 1/08 by 2008 Bill 2 ss. 35, 38, 40, 46, 48-49, 51, 54 & 57 only Budget Measures Implementation Act, 2008
Independent School Act May 16/08 by 2007 Bill 46, ss. 9-11 only (Reg 103/2008) First Nations Education Act, 2008
Insurance Premium Tax Act May 1/08 by 2008 Bill 11 ss. 11-12 only Small Business and Revenue Statutes Amendment Act, 2008
International Financial Activity Act RETRO to
Sept. 1/04
by 2008 Bill 2 ss. 62-63 & 66 only Budget Measures Implementation Act, 2008
RETRO to
Jan. 1/06
by 2008 Bill 2 s. 67 only Budget Measures Implementation Act, 2008
RETRO to
Feb. 20/08
by 2008 Bill 2 ss. 61 & 64-65 only Budget Measures Implementation Act, 2008
May 1/08 by 2008 Bill 2 ss. 68-69 only Budget Measures Implementation Act, 2008
Occupational Health and Safety Regulation (296/97) May 1/08 by Reg 20/2008
School Act May 16/08 by 2007 Bill 46, ss. 12-16 only (Reg 103/2008) First Nations Education Act, 2008
Teaching Profession Act May 16/08 by 2007 Bill 46, ss. 17-18 only (Reg 103/2008) First Nations Education Act, 2008
Tobacco Tax Act May 1/08 by 2008 Bill 11 ss. 18-24 only Small Business and Revenue Statutes Amendment Act, 2008
LOCAL GOVERNMENT RELATED

Local Government News:

Study provides local government options for waste resource recovery — The Province has released an independent report on integrated resource management that examines approaches for local governments across British Columbia to use solid and liquid waste to create energy, reduce greenhouse gas emissions, conserve water, and recover nutrients. See News Release.

Nanaimo considers online and phone voting for fall municipal elections — Nanaimo voters could vote from the comfort of home in the next civic election, or even from another city or country. City council gave staff the go-ahead to further explore giving residents the option to vote over the Internet or by telephone in November. It still needs approval from Ida Chong, B.C.’s Minister of Community Services, and final approval from council, but city staff expect Nanaimo to put on a pilot project for e-voting in the province this fall. See CHEK News Story.

Act or Regulation Affected Effective Date Amendment Information
British Columbia Railway Act May 1/08 by 2008 Bill 2 s. 3 only Budget Measures Implementation Act, 2008
Civil Forfeiture Act May 1/08 by 2008 Bill 17 s. 5-12 only Public Safety and Solicitor General (Gift Card Certainty) Statutes Amendment Act, 2008
Freedom of Information and Protection of Privacy Act May 1/08 by 2008 Bill 13 ss. 7-25 only Labour and Citizens' Services Statutes Amendment Act, 2008
Home Owner Grant Act RETRO to
Jan. 1/08
by 2008 Bill 2 ss. 20-30 only Budget Measures Implementation Act, 2008
Home Owner Grant Regulation (100/2002) RETRO to
Jan. 1/08
by Reg 95/2008
Hotel Room Tax Act RETRO to
Apr. 1/08
by 2008 Bill 2 ss. 31-32 only Budget Measures Implementation Act, 2008
May 1/08 by 2008 Bill 11 ss. 5-9 only Small Business and Revenue Statutes Amendment Act, 2008
Municipal Finance Authority Regulation (67/98) May 2/08 by Reg 91/2008
Ports Property Tax Act May 1/08 by 2008 Bill 2 ss. 83-86 only Budget Measures Implementation Act, 2008
Resort Area Tax Regulation (89/2007) May 1/08 by Reg 40/2008
Social Service Tax Act RETRO to
Feb. 20/08
by 2008 Bill 2 ss. 95, 97-98, 100, 102-106 & 108-110 only Budget Measures Implementation Act, 2008
RETRO to
Apr. 1/08
by 2008 Bill 2 s. 99 only Budget Measures Implementation Act, 2008
May 1/08 by 2008 Bill 2 s. 107 only Budget Measures Implementation Act, 2008
and by 2008 Bill 11 ss. 13-17 only Small Business and Revenue Statutes Amendment Act, 2008
South Coast British Columbia Transportation Authority Act RETRO to
Feb. 20/08
by 2008 Bill 2 s. 111 only Budget Measures Implementation Act, 2008
Taxation (Rural Area) Act May 1/08 by 2008 Bill 2 s. 115 only Budget Measures Implementation Act, 2008
Taxation (Rural Area) Act Regulation (387/82) May 2/08 by Reg 93/2008
Utilities Commission Act RETRO to Mar. 31/08
(s. 11)
May 1/08
(remainder)
by 2008 Bill 15 Utilities Commission Amendment Act, 2008
Water Utility Act May 1/08 by 2008 Bill 15, s. 19 only Utilities Commission Amendment Act, 2008
MISCELLANEOUS
Act or Regulation Affected Effective Date Amendment Information
Court of Appeal Act May 2/08 by 2007 Bill 33 s. 9 only  (Reg 84/2008) Attorney General Statutes Amendment Act, 2007
MOTOR VEHICLE RELATED
Act or Regulation Affected Effective Date Amendment Information
Commercial Transport Act May 1/08
by 2008 Bill 17 s. 13 only Public Safety and Solicitor General (Gift Card Certainty) Statutes Amendment Act, 2008
Insurance Corporation Act May 1/08 by 2008 Bill 15, s. 18 only Utilities Commission Amendment Act, 2008
Motor Fuel Tax Act RETRO to
Feb. 20/08
(ss. 70-72 & 74-77) &
Apr. 1/08
(s. 73)
by 2008 Bill 2 Budget Measures Implementation Act, 2008
Motor Fuel Tax Regulation (414/85) May 8/08 by Reg 97/2008
Motor Vehicle Act May 1/08 by 2008 Bill 17 ss. 18-23 only Public Safety and Solicitor General (Gift Card Certainty) Statutes Amendment Act, 2008
Motor Vehicle Act Regulations (26/58) May 2/08 by Reg 90/2008
Transportation Act RETRO to
Mar. 31/08
by 2008 Bill 2 s. 117 only Budget Measures Implementation Act, 2008
Violation Ticket Administration and Fines Regulation (89/97) May 2/08 by Reg 92/2008
REAL ESTATE & BUILDERS LIEN RELATED

Real Estate and Builders Lien News:

Strata association wants greater accountability — As reported in the Nanaimo Daily News, The Vancouver Island Strata Owners Association has released a report entitled "Beyond the Sales Pitch: Ensuring Transparency and Accountability in B.C. Strata Developments." The report describes significant deficiencies in B.C.'s legislation affecting owners of 460,000 condominiums and other strata properties, or one in four taxable properties in the province. About 67,000 of these properties are located on Vancouver Island. See News Story.

Act or Regulation Affected Effective Date Amendment Information
Property Transfer Tax Act
RETRO to
Feb. 20/08
by 2008 Bill 2 ss. 88-94 only Budget Measures Implementation Act, 2008
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