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Vol: VIII  –  Issue: IX  –  September 2009

QUICKSCRIBE NEWS:

Securities amendments
The Securities Act and a number of regulations were extensively amended at the end of September. In addition, there were new, lengthy, regulations introduced, which will be posted shortly. These are: National Instrument 31-103 Registration Requirements and Exemptions (Reg 226A/2009); National Instrument 45-106 Prospectus and Registration Exemptions (Reg 227/2009); and National  Instrument 33-109 Registration Information (Reg 226B/2009) which repeals and replaces National  Instrument 33-109 Registration Information (Reg 38/2003).

Other amendments
For your convenience we have also listed the Oct. 1/09 amendments.

RSS Reader Issue for Bill Tracker Resolved:
Some clients who initially signed up to receive instant alerts via our new Bill Tracker (Beta) service may not have received notification of consequential amendments to legislation as per their selection. The issue was isolated to certain RSS readers including Internet Explorer. While this issue has since been resolved, those who signed up and have not yet received any alerts regarding consequential amendments are encouraged to refresh their feed or re-subscribe.

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ENERGY & MINES RELATED

Energy and Mines News:

B.C.'s Mining Industry Needs One-Stop Shop
To Get Projects Going

According to a recent Vancouver Sun article, the mining industry in British Columbia is no stranger to cyclical downturns, political uncertainty and bureaucratic red tape; it faced them in abundance through the last half of 2008 and the first quarters of this year. However, the past few weeks have given it hope for better days ahead. See the full News Story.

BC Budget Realistic and Appropriate for the
Times Says Association for Mineral Exploration BC

AME BC appreciates the financial challenges governments around the world are facing. "We believe the provincial government and this budget are on the right track—these times call for tough and realistic measures. With members in the commodity sector we know, perhaps more than most, how volatile the economy has been this past year. No one could have predicted some of the price changes in commodities we have seen in the past twelve months,” said Gavin C. Dirom, President & CEO, Association for Mineral Exploration British Columbia (AME BC). See the full article posted on AME BC website.

Act or Regulation Affected Effective Date Amendment Information
Energy Efficiency Standards Regulation (389/93) Sept. 3/09 by Reg 208/2009
FAMILY, WILLS & ESTATES RELATED

Family, Wills and Estates News:

B.C. Estate Law Boosts Land Sales
To Settle Debts

Bill 4, the reintroduced Wills, Estates and Succession Act, passed third reading in the House on Sept. 24. It will cut the number of separate acts that involve estate law from seven down to just one. The new legislation is expected to come into force in 2011, but only after the public and legal community have had time to review and prepare for it. Planned changes to British Columbia's laws on wills, estates and succession will, among other things, allow an estate's land to be used sooner in the process of settling its debts. See the News story as reported in the Eastern Edition of the Country Guide.

Free Family Mediation Services are Now Available
from the B.C. Mediator Roster Society's
"Distance Mediation Project"

For a limited time, free family mediation services are available for eligible families living in non-urban areas of British Columbia. The services are being offered through an exciting new project called the "Distance Mediation Project". See the full article by the British Columbia Mediator Roster Society.

Act or Regulation Affected Effective Date Amendment Information
Adult Care Regulations (536/80) REPEALED
Oct. 1/09
by Reg 96/2009
Child Care Licensing Regulation (332/2007) Oct. 1/09 by Reg 95/2006
Residential Care Regulation (96/2009) NEW
Oct. 1/09
see Reg 96/2009
Youth Custody Regulation (137/2005) Sept. 3/09 by Reg 220/2009
FOREST AND ENVIRONMENT RELATED

Forest and Environment News:

Act Introduced to Expand Wood
Use in Public Buildings

The Wood First Act, Bill 9 was recently introduced. It aims to increase demand for wood products by requiring provincially-funded building projects to use wood as the primary construction material. See the News Release.

Pine Beetle Running Out Of Food,
Mills Out of Wood

The mountain pine beetle epidemic is over, but it's not because the beetles have been defeated. Rather, they have run out of trees, and that heralds a whole new set of problems, B.C.'s forests minister Pat Bell told the Vancouver Board of Trade recently. Forest companies that are running out of wood are eyeing healthy stands — including old-growth forest — in protected areas, while Bell is warning that eight to 12 sawmills could close permanently if other sources of timber are not found. See the News story as reported by the Vancouver Sun.

Tribunal Rules Against Canada
in U.S. Lumber Spat

An international trade tribunal has ruled in favour of the United States in a dispute with Canada over a 2007 breach of the softwood lumber deal between the two nations, the U.S. Trade Representative said recently. The tribunal said Canada failed to rectify its breach of the agreement by appealing to only pay a $36.7 million fine. See the News story as reported in the Financial Post. Following the ruling, Prime Minister Stephen Harper said the Canadian government will pay it. See the News story as reported by Global News.

Can you be comfortable in
a green building?

Building performance and its evaluation have earned increased attention in recent years, particularly relating to green buildings. Much of the emphasis has been on optimizing energy and resource efficiency. Despite the recent media buzz around the actual performance of LEED-certified buildings, surprisingly little attention is being paid to the human resource within buildings. See the full article as reported by Globe-Net and posted on EnvironmentalExpert.com.

Act or Regulation Affected Effective Date Amendment Information
Advertising, Deposits, Disposition and Extensions Regulation (55/2006) Sept. 3/09 by Reg 210/2009
Carbon Tax Regulation (125/2008) Sept. 2/09 by Reg 200/2009
Community Tenures Regulation (352/2004) Sept. 3/09 by Reg 210/2009
HEALTH RELATED

Health News:

Striking paramedics forced
to keep working overtime

A B.C. court has ordered striking ambulance paramedics in the province to abandon plans to stop working overtime as part of a prolonged labour dispute. The Ambulance Paramedics of B.C. originally told its members that they should only work their regularly scheduled shifts. The union says the move was designed to counter claims by the B.C. Ambulance Service that there are no staffing shortages. See the News story as reported by CTV.

B.C. Bans trans fats
in restaurant foods

Effective Sept. 30, 2009, B.C. Reg. 50/2009, the Public Health Impediments Regulation, came into force. This makes B.C. the first province to restrict trans fats in restaurant foods, but critics say it may hurt smaller establishments. The regulations will be enforced by the environmental health officers who are already monitoring food safety at B.C. restaurants. See the News story as reported by CTV.

Act or Regulation Affected Effective Date Amendment Information
Meat Inspection Regulation (349/2004) Sept. 3/09 by Reg 209/2009
Public Health Impediments Regulation (50/2009) NEW
Sept. 30/09
see Reg 50/2009
Sewerage System Regulation (326/2004) Sept. 24/09 by Reg 231/2009
LABOUR & COMPANY RELATED

Labour and Company News:

Occupational Health and Safety Changes
Effective Sept. 1, the Occupational Health and Safety Regulation (296/97) was amended regarding snow avalanche assessment. See the WorkSafeBC site.

Insurance Act Changes
to Protect Consumers

Legislation to amend and update the Insurance Act will improve protection for consumers in the insurance market, Finance Minister Colin Hansen announced recently with the introduction of Bill 6, the Insurance Amendment Act, 2009. Under the amendments, consumers will have a 30-day grace period in which to pay overdue premiums for life and health insurance contracts and ensure their policies remain in force. Consumers will also be provided with a 10-day cooling-off period in which they can rescind a life or health insurance contract. See the News Release.

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

Act or Regulation Affected Effective Date Amendment Information
Authority Designation Regulations (263/89) Sept. 3/09 by Reg 213/2009
BC Instrument 22-502 Registration by the Investment Industry Regulatory Organization of Canada (107/2008) Sept. 28/09 by Reg 226/2009
BC Instrument 51-509 Issuers Quoted in the U.S. Over-the-Counter Markets (251/2008) Sept. 28/09 by Reg 227/2009
College Pension Plan Post Retirement Group Benefit Regulation (490/2003) Sept. 1/09 by Reg 10/2009
College Pension Plan Regulation (95/2000) Sept. 1/09 by Regs 299/2008 and 11/2009
Health Care Employers Regulation (427/94) Sept. 3/09 by Reg 219/2009
Multilateral Instrument 11-101 Principal Regulator System (265/2005) REPEALED
Sept. 28/09
by Reg 226/2009
Multilateral Instrument 11-102 Passport System (58/2008) Sept. 28/09 by Reg 228/2009
Multilateral Instrument 45-102: Resale of Securities (107/2004) Sept. 28/09 by Reg 227/2009
National  Instrument 81-104 Commodity Pools (283/2002) Sept. 28/09 by Reg 226/2009
National Instrument 14-101: Definitions (48/97) Sept. 28/09 by Reg 226/2009
National Instrument 24-101 Institutional Trade Matching and Settlement (64/2007) Sept. 28/09 by Reg 226/2009
National Instrument 31-102 National Registration Database (37/2003) Sept. 28/09 by Reg 226/2009
National Instrument 33-102: Regulation of Certain Registrant Activities (174/2001) REPEALED Sept. 28/09 by Reg 226/2009
National Instrument 33-105: Underwriting Conflicts (310/2001) Sept. 28/09 by Reg 226/2009
National Instrument 51-102: Continuous Disclosure Obligations (110/2004) Sept. 28/09 by Reg 227/2009
National Instrument 81-102: Mutual Funds (2/2000) Sept. 28/09 by Reg 226/2009
National Instrument 81-105: Mutual Fund Sales Practices (131/98) Sept. 28/09 by Reg 226/2009
National Instrument 81-107 Independent Review Committee for Investment Funds (276/2006) Sept. 28/09 by Reg 226/2009
Occupational Health and Safety Regulation (296/97) Sept. 1/09 by Reg 258/2008
Pension Benefits Standards Act Sept. 3/09 by 2009 Bill 11 s. 3 only (Reg 218/2009) Pension Benefits Standards Amendment Act, 2009
Reservists' Leave Regulation (207/2009) NEW
Sept. 3/09
see Reg 207/2009
Rule 45-501 (BC) Mortgages (189/2000) Sept. 28/09 by Reg 226/2009
Rule 45-502 (BC): Cooperative Associations (9/2001) REPEALED
Sept. 28/09
by Reg 226/2009
Securities Act Sept. 28/09 by 2006 Bill 20 s. 1(j), 12, 14, 15, 18(part) & 51(b) only (Reg 223/2009) & ss. 33 & 47(f)(part) (Reg  224/2009Securities Amendment Act, 2006
Securities Regulation (196/97) Sept. 28/09 by Reg 225/2009
Securities Rules (194/97) Sept. 28/09 by Regs 226/2009, 227/2009 and 228/2009
Security Services Regulation (207/2008) Sept. 1/09 & Oct. 1/09 by s. 19(4) of Reg 207/2008 as amended by 161/2009
LOCAL GOVERNMENT RELATED

Local Government News:

Land Tax Deferment Interest Rate
The Interest Rate Regulation (B.C. Reg. 181/2009) sets the interest rate to be charged on residential property taxes deferred under the Land Tax Deferment Act. For the 6-month period beginning October 1, 2009 the interest rate is set at 0.25% a year for the regular Property Tax Deferment Program and at 2.25% a year for the Financial Hardship Property Tax Deferment Program.

Recognition Act is Dead
There will be no legislation introduced to grant aboriginal title in B.C. in the foreseeable future, government and aboriginal leaders concede. George Abbott, B.C.'s new minister of aboriginal relations and reconciliation, told Black Press in an interview he was expecting the proposal to reconstitute B.C.'s 203 aboriginal bands into about 30 historical "indigenous nations" to be rejected when chiefs met in late August. See the News story.

Changes reintroduced to B.C.'s Police Act
give more power to public watchdog

The Police (Misconduct, Complaints, Investigations, Discipline and Proceedings) Amendment Act, 2009, Bill 7, was introduced and will make changes to B.C.’s Police Act that dramatically increase the power of the province’s independent police watchdog. See the News story as reported by The Province.

Industrial tax revolt against towns
could end up in Province's lap

Municipalities facing a property tax revolt by industry can't count on the B.C. Supreme Court to settle the issue for them, the Union of B.C. Municipalities was told recently. Six B.C. municipalities are being sued by four forest companies over the tax rate they have been levied, but no matter what the courts decide, the standoff between industry and local government is already past the boiling point, said Gerry Armstrong, a former deputy minister of finance. See the News story as reported by The Vancouver Sun.

Attention Land Use Planners, Engineering and
Building Staff, Approving Officers and
Other Government Officials

Lui Carvello, MCIP, lawyer and planner of Staples McDannold Stewart, is presenting a full day seminar on the Land Title Act Section 219 Covenant at SUN PEAKS RESORT, KAMLOOPS, BC on WEDNESDAY, OCTOBER 14, 2009 (10:00 a.m. – 4:00 p.m.). See Seminars for details.

Act or Regulation Affected Effective Date Amendment Information
Additional Tax Regulation (City of Richmond) (432/2004) REPEALED
Oct. 1/09
by Reg 211/2009
Additional Tax Regulation for the City of Richmond (211/2009) NEW
Oct. 1/09
see Reg 211/2009
Additional Tax Regulation for the District of Squamish (212/2009) NEW
Sept. 3/09
see Reg 212/2009
Bylaw Notice Enforcement Regulation (175/2004) Sept. 24/09 by Reg 230/2009
City of Victoria Additional Powers Regulation (69/97) Sept. 3/09 by Reg 214/2009
Comox Valley Regional District Regulation (23/2008) Sept. 3/09 by Reg 215/2009
Delegation of Regional District of Central  Kootenay Hearings Under Section 700 of the Municipal Act Regulation (398/97) REPEALED
Sept. 3/09
by Reg 214/2009
Designation Regulation (109/2003) Sept. 3/09 by Reg 205/2009
District of Esquimalt Additional Powers Regulation (70/97) REPEALED
Sept. 3/09
by Reg 214/2009
District of Hudson's Hope Regulation (25/96) REPEALED
Sept. 3/09
by Reg 214/2009
Galiano Island Trust Pilot Feasibility Study Regulation (406/95) REPEALED
Sept. 3/09
by Reg 222/2009
Regional District of Comox-Strathcona Regulation (44/90) REPEALED
Sept. 3/09
by Reg 215/2009
Remote Communities Regulation (240/2007) Sept. 2/09 by Reg 203/2009
Strathcona Regional District Regulation (215/2009) NEW
Sept. 3/09
see Reg 215/2009
Subdividable Property Designation (Interior/Cariboo Gateway) Regulation (204/2009) NEW
Sept. 3/09
see Reg 204/2009
Town of Sidney Additional Powers Regulation (71/97) REPEALED
Sept. 3/09
by Reg 214/2009
Village of Belcara Regulation (10/95) REPEALED
Sept. 3/09
by Reg 214/2009
Village of Tahsis Regulation (152/97) REPEALED
Sept. 3/09
by Reg 214/2009
MISCELLANEOUS
Act or Regulation Affected Effective Date Amendment Information
Election Act Sept. 1/09 by 2008 Bill 42 s. 11 only Election Amendment Act, 2008
Exemption Regulation (27/2002) Sept. 1/09 by Reg 199/2009
Ministers of State Expected Results for the 2009/2010 Fiscal Year Regulation (26/2009) Sept. 1/09 by Reg 198/2009
Supply Act (No. 2), 2009 NEW
Sept. 3/09
c. 12 (SBC 2009) 2009 Bill 3 (1st-39th) in force by Royal Assent
MOTOR VEHICLE RELATED
Act or Regulation Affected Effective Date Amendment Information
Commercial Transport Regulations (30/78) Sept. 3/09 by Reg 206/2009
Motor Fuel Tax Regulation (414/85) Sept. 2/09 by Reg 201/2009
Motor Vehicle Act Sept. 3/09
by 2008 Bill 33 ss. 34 to 40 only (Reg 216/2009) Miscellaneous Statutes Amendment Act, 2008
Passenger Transportation Regulation (266/2004) Sept. 3/09 by Reg 217/2009
REAL ESTATE & BUILDERS LIEN RELATED

Real Estate and Builders Lien News:

Upcoming Changes to Strata Property Act
The Strata Property Amendment Act, 2009, Bill 8, was recently introduced. The Vancouver Island Strata Owners Association recently posted an article commenting on the proposed changes. This commentary is provided as information for strata owners and others interested in improving the legislation that affects owners of 460,000 strata properties in British Columbia. See the Commentary.

Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
The content of this document is intended for client use only. Redistribution to anyone other than Quickscribe clients
(without the prior written consent of Quickscribe) is strictly prohibited.


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