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Vol: VIII  –  Issue: X  –  October 2009

QUICKSCRIBE NEWS:

Posted Here First!
Quickscribe is pleased to report that all of the amendments that came into force as a result of the recent passage of Bills on October 29, have now been consolidated. Our team worked hard to ensure that you had access to these important changes long before they were available on any other source. These changes are listed in this Reporter. In addition, we have included some November 1 amendments for your convenience.

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ENERGY & MINES RELATED

Energy and Mines News:

October B.C. Oil and Gas Rights
Sale Highest for 2009

B.C.'s economy has received a much-needed boost with the October 2009 land rights sale, which resulted in $370 million in bonus bids, the sixth-largest sale on record, it was recently announced. This brings the calendar year to date total to $700.6 million. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
FAMILY, WILLS & ESTATES RELATED
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Adult Care Regulations (536/80) REPEALED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 95/2009
Child, Family & Community Service Act Oct. 29/09 by 2009 Bill 12, s. 4 (Sch. 1) only, Ombudsman Amendment Act, 2009
Public Guardian and Trustee Act Oct. 29/09 by 2009 Bill 13, s. 64 only, Miscellaneous Statutes Amendment Act, 2009
Residential Care Regulation (96/2009) NEW
Oct. 1/09
see Reg 96/2009
Social Workers Act Oct. 29/09 by 2009 Bill 12, s. 5 (Sch. 2) only, Ombudsman Amendment Act, 2009
Victims of Crime Act Oct. 29/09 by 2009 Bill 12, ss. 4 and 5 (Schs. 1 and 2) only, Ombudsman Amendment Act, 2009
FOREST AND ENVIRONMENT RELATED

Forest and Environment News:

Canadian forest sector fears massive U.S.
green energy subsidy

A new U.S. biofuel subsidy is sounding alarm bells in the Canadian forest industry over fears it could be used by American forest companies to give them a final and overwhelming advantage in the battle for continental supremacy. The Canadian industry is saying it is no longer competing against American forest companies but is in an unwinnable battle with the U.S. Treasury which is doling out billions in a bid to develop new green energy resources. See the News story as reported by The Vancouver Sun.

24 forest sector companies qualify
for 'black liquor' funding

On October 9, 2009, the Canadian Government announced that 24 pulp and paper companies across Canada have qualified for funding under the Pulp and Paper Green Transformation Program. The Program allows Canadian pulp and paper companies that produced black liquor — a liquid by-product of the chemical pulping process that is used to generate renewable energy — in 2009 to access this $1-billion fund. See the full story as reported on Working Forest.

Act or Regulation Affected Effective Date Amendment Information
Carbon Tax Act Oct. 29/09 by 2009 Bill 2, ss. 22, 25 and 31 (retroactive to Sept. 2/09); and ss. 30 and 33 (retroactive to July 1/08) only,  Budget Measures Implementation Act (No. 2), 2009
Carbon Tax Regulation (125/2008) Oct. 30/09 by Reg 258/2009 (retroactive to July 1/08) and by Reg 259/2009 (retroactive to Sept. 2/09)
College of Applied Biology Act Oct. 29/09 by 2009 Bill 13, s. 88 only, Miscellaneous Statutes Amendment Act, 2009
Controlled Alien Species Regulation (94/2009)
Oct. 7/09 by Reg 233/2009
Engineers and Geoscientists Act Oct. 29/09 by 2009 Bill 11, s. 14 only, Labour Mobility Act
Forest Planning and Practices Regulation (14/2004) Oct. 22/09 by Reg 240/2009
Foresters Act Oct. 29/09 by 2009 Bill 11, s. 16 only, Labour Mobility Act
Hunting Regulation (190/84) Oct. 26/09 by Reg 251/2009
Hydro and Power Authority Act Oct. 29/09 by 2009 Bill 12, s. 5 (Sch. 2) only, Ombudsman Amendment Act, 2009
In-SHUCK-ch Designated Area No. 2 (239/2009) NEW
Oct. 22/09
see Reg 239/2009
In-SHUCK-ch AIP Designated Area (256/2006) REPEALED
Oct. 22/09
by Reg 239/2009
Land Surveyors Act Oct. 29/09 by 2009 Bill 11, s. 20 only, Labour Mobility Act
Lillooet Designated Area No. 2 (238/2009) NEW
Oct. 22/09
see Reg 238/2009
Lillooet Designated Area  (301/2004) REPEALED
Oct. 22/09
by Reg 238/2009
Limited Entry Hunting Regulation (134/93) Oct. 26/09 by Reg 251/2009
Ministry of Environment Act Oct. 29/09 by 2009 Bill 13, s. 89 only, Miscellaneous Statutes Amendment Act, 2009
Motor Vehicle Prohibition Regulation (196/99) Oct. 26/09 by Reg 251/2009 
Municipal Sewage Regulation (129/99) Oct. 29/09 by Reg 252/2009
Protected Areas Forests Compensation Act Oct. 29/09 by 2009 Bill 10, s. 8 only, Protected Areas of British Columbia Amendment Act, 2009
Protected Areas of British Columbia Act Oct. 29/09 by 2009 Bill 10, ss. 1; 2(b), (d), (g) and (i); 3(a); 4; 5 and 6 only, Protected Areas of British Columbia Amendment Act, 2009
Wildlife Act Oct. 29/09 by 2009 Bill 11, ss. 22 and 23 only, Labour Mobility Act
Wood First Act NEW
Oct. 29/09
c. 18 (SBC 2009) 2009 Bill 9 (1st-39th), in force by Royal Assent
HEALTH RELATED

Health News:

B.C. MLAs work overtime on paramedics bill
MLAs were back in the legislature Nov. 6 for a rare Friday sitting in an attempt to get the Ambulance Services Collective Agreement Act [2009 Bill 21] into law according to the government's schedule. After a morning sitting, they resumed at 7 pm, going through the night and wrapping up with passing third reading and getting Royal Assent about 8 am Saturday. The Bill, which settles the labour dispute between the Emergency and Health Services Commission and its ambulance paramedics and dispatchers, is in the interests of public safety according to the Liberals. The NDP has called it an assault on paramedics' democratic rights. The 3,500 paramedics across the province have technically been on strike since April, but as an essential service, they could not stop working, which has blunted their ability to pressure the government. See the News story as reported by the CBC news.

H1N1 flu virus
The H1N1 flu virus has been a hot topic in the news recently. The government has posted a comprehensive website containing information on the flu, location of flu clinics, and links to HealthLink BC and the weekly information bulletin among others. See the government website. In addition, check the BC Centre for Disease Control website.

Act or Regulation Affected Effective Date Amendment Information
Community Living Authority Act Oct. 29/09 by 2009 Bill 12, s. 5 (Sch. 2) only, Ombudsman Amendment Act, 2009
Community Living Authority Regulation (231/2005) Oct. 31/09 by s. 5 of Reg 231/2005
Continuing Care Act Oct. 31/09 by 2009 Bill 2, ss. 6 and 7 only,  Budget Measures Implementation Act (No. 2), 2009
Health Professions Act Oct. 29/09 by 2009 Bill 13, ss. 92 to 97 only, Miscellaneous Statutes Amendment Act, 2009, by 2009 Bill 11, ss. 17 and 18 only, Labour Mobility Act
and by by 2009 Bill 12, s. 5 (Sch. 2) only, Ombudsman Amendment Act, 2009
Hospital Insurance Act Oct. 29/09 by 2009 Bill 2, s. 12 only,  Budget Measures Implementation Act (No. 2), 2009
Industrial Camps Health Regulation (427/83) Oct. 22/09 by Reg 246/2009
Medicare Protection Act Oct. 29/09 by 2009 Bill 13, s. 98 only, Miscellaneous Statutes Amendment Act, 2009
Nurses (Registered) and Nurse Practitioners Regulation (284/2008) Oct. 26/09 by Reg 250/2009
Oct. 30/09 by Reg 255/2009
Pharmacists Regulation (417/2008) Oct. 9/09 by Reg 234/2009
Oct. 30/09 by Reg 256/2009
Podiatrists Act Oct. 29/09 by 2009 Bill 11, s. 21 only, Labour Mobility Act
LABOUR & COMPANY RELATED

Labour and Company News:

Labour Mobility Act
The Labour Mobility Act [2009 Bill 11, chapter 20] came into force on October 29. The Bill allows certified workers from other Canadian jurisdictions to practise their occupations in British Columbia in accordance with Chapter Seven of the Agreement on Internal Trade, and, in particular, provides that British Columbia regulators must consider and apply Chapter Seven when workers who are certified for an occupation in a signatory jurisdiction apply to obtain British Columbia certification for that occupation. See the Labour Mobility Act.

Consumer Taxation Branch
The HST General Transitional Rules has been updated to add the tax policies about the Transitional period around July 1, 2010 when the HST comes into effect. For the latest Bulletins from the Consumer Taxation Branch, see What's New.

Act or Regulation Affected Effective Date Amendment Information
Accountants (Certified General) Act Oct. 29/09 by 2009 Bill 11, s. 10 only, Labour Mobility Act
Accountants (Chartered) Act Oct. 29/09 by 2009 Bill 11, s. 11 only, Labour Mobility Act
Applied Science Technologists and Technicians Act Oct. 29/09 by 2009 Bill 11, ss. 12 and 13 only, Labour Mobility Act
Business Corporations Act Oct. 29/09 by 2009 Bill 5, ss. 1 to 3 only, Finance Statutes Amendment Act, 2009
Business Number Act Oct. 29/09 by 2009 Bill 5, ss. 4 and 5 only, Finance Statutes Amendment Act, 2009
Business Practices and Consumer Protection Act Nov. 1/09 by 2007 Bill 27 s. 1 to 3; 4 except as enacts 112.12-112.15; 7; 8 except as enacts 189(4)(f.6); and 9 to 11 only (Reg 57/2009 as amended by Reg 171/2009), Business Practices and Consumer Protection (Payday Loans) Amendment Act, 2007
Business Practices and Consumer Protection Regulation (294/2004) Nov. 1/09 by Reg 57/2009
Cooperative Association Act Oct. 29/09 by 2009 Bill 5, ss. 6 and 7 only, Finance Statutes Amendment Act, 2009
Credit Union Incorporation Act Oct. 29/09 by 2009 Bill 5, s. 8 only, Finance Statutes Amendment Act, 2009
Financial Administration Act Oct. 29/09 by 2009 Bill 2, s. 9 only,  Budget Measures Implementation Act (No. 2), 2009
Health Care Employers Regulation (427/94) Oct. 22/09 by Reg 247/2009
Oct. 29/09 by Reg 253/2009
Income Tax Act (BC) Oct. 29/09 by 2009 Bill 2, s. 40 only (retroactive to July 1/09),  Budget Measures Implementation Act (No. 2), 2009
Industry Training Authority Act Oct. 29/09 by 2009 Bill 11, s. 19 only, Labour Mobility Act
Labour Mobility Act NEW
Oct. 29/09
c. 20 (SBC 2009) 2009 Bill 11 (1st-39th), in force by Royal Assent
National Instrument 31-103 Registration Requirements and Exemptions (226A/2009)
NEW
Sept. 28/09
see Reg 226/2009
National  Instrument 33-109 Registration Information (226B/2009) NEW
Sept. 28/09
see Reg 226/2009
National  Instrument 33-109 Registration Information (38/2003) REPEALED
Sept. 28/09
by Reg 226/2009
National Instrument 45-106 Prospectus and Registration Exemptions (227/2009) NEW
Sept. 28/09
see Reg 227/2009
Partnership Act Oct. 29/09 by 2009 Bill 5, s. 15 only, Finance Statutes Amendment Act, 2009
Payday Loans Regulation (57/2009) NEW
Nov. 1/09
see Reg 57/2009 as amended by Reg 171/2009
Public Service Labour Relations Act Oct. 29/09 by 2009 Bill 12, s. 4 (Sch. 1) only, Ombudsman Amendment Act, 2009
Securities Act Oct. 29/09 by 2009 Bill 12, s. 4 (Sch. 1) only, Ombudsman Amendment Act, 2009
by 2009 Bill 13, s. 65 only, Miscellaneous Statutes Amendment Act, 2009 and by 2009 Bill 5, ss. 20 and 22 only, Finance Statutes Amendment Act, 2009
Security Services Regulation (207/2008) Nov. 1/09 see s. 19(4) of this Reg 207/2008 
Social Services Employers Regulation (84/2003) Oct. 22/09 by Regs 248/2009 and 249/2009
LOCAL GOVERNMENT RELATED

Local Government News:

Olympic Signs Legislation
The Miscellaneous Statutes Amendment Act, 2009 [2009 Bill 13, chapter 22] was given Royal Assent on October 29. It includes changes to the Municipalities Enabling and Validating Act which provide the municipalities of Vancouver, Richmond and Whistler with temporary enforcement powers to enable them to swiftly remove illegal signs and graffiti during the 2010 Olympic and Paralympic Winter Games. See the News story as reported by the CBC.

Act introduced to force homeless to shelters
The Assistance to Shelter Act [2009 Bill 18] was introduced on October 29 and will come into force by Royal Assent, expected later in November. The controversial legislation will provide police across British Columbia with the power to forcibly move homeless people to shelters during extreme weather. See the full story as reported in the Vancouver Sun.

Opportunities and Strategies for Green Action by BC Local Governments
West Coast delivered to local governments its new publication, "Bill 27: Opportunities and Strategies for Green Action by BC Local Governments", authored by West Coast Staff Counsel, Susan Rutherford. The focus of the paper is to provide practical guidance on how local governments may use the tools provided under the Local Government (Green Communities) Statutes Amendment Act, 2008 [2008 Bill 27, chapter 23], to advance green initiatives. The paper is organized by "green action" topics (GHG emissions reductions, climate change adaptation, water sustainability and sustainable land use) and for each, identifies and discusses new requirements and opportunities. The paper is of interest to elected representatives, and local government administration and staff (especially environmental, engineering and planning staff). The paper will also help to inform the general public regarding local government authority. See the publication.

LoGo Notebook and Client Bulletin
Staples McDannold Stewart has posted the Fall 2009 issue of their LoGo NoteBook which includes an article on "Selling Land for Local Governments – Part 1" among others. See the LoGo Notebook. In addition, a report on what may be a precedent setting court order on graffiti removal entitled "Civil Graffiti Damages and Injunctive Relief First for a Local Government in British Columbia", is available. See Client Bulletin.

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 Prince George (244/2009) NEW
Oct. 22/09
see Reg 244/2009
Additional Tax Regulation for the City of Richmond (211/2009) NEW
Oct. 1/09
see Reg 211/2009
Additional Tax Regulation for the Mount Washington Resort Association (242/2009) NEW
Oct. 22/09
see Reg 242/2009
Additional Tax Regulation for the Regional District of Mount Waddington, Town of Port McNeill and Village of Alert Bay (243/2009) NEW
Oct. 22/09
see Reg 243/2009
Assessment Act Oct. 29/09 by 2009 Bill 13, s. 76 only, Miscellaneous Statutes Amendment Act, 2009
Oct. 30/09 by 2009 Bill 13, s. 75 only (Reg 261/2009), Miscellaneous Statutes Amendment Act, 2009
Capital Regional District Regulation (65/90) Oct. 22/09 by Reg 245/2009
Coastal Ferry Act Oct. 29/09 by 2009 Bill 12, s. 5 (Sch. 2) only, Ombudsman Amendment Act, 2009
Committees of the Executive Council Regulation (229/2005) Oct. 30/09 by Reg 260/2009
Community Charter Oct. 29/09 by 2009 Bill 12, s. 5 (Sch. 2) only, Ombudsman Amendment Act, 2009
Depreciation (2009 Taxation Year) Regulation (235/2009) NEW
Oct. 9/09
see Reg 235/2009
Direction No. 2 to the British Columbia Utilities Commission (254/2009) NEW
Oct. 29/09
see Reg 254/2009
Eligible Entities Regulation (73/2004) Oct. 22/09 by Reg 241/2009
Freedom of Information and Protection of Privacy Act Oct. 29/09 by 2009 Bill 12, s. 4 (Sch. 1) only, Ombudsman Amendment Act, 2009
Interpretation Act Oct. 29/09 by 2009 Bill 13, s. 52 only, Miscellaneous Statutes Amendment Act, 2009
Local Government Act Oct. 29/09 by 2009 Bill 12, ss. 4 and 5 (Schs. 1 and 2) only, Ombudsman Amendment Act, 2009
Municipalities Enabling and Validating Act (No. 3) Oct. 29/09 by 2009 Bill 13, s. 77 only, Miscellaneous Statutes Amendment Act, 2009
Ombudsperson Act Oct. 29/09 by 2009 Bill 12, ss. 1 to 6 only, Ombudsman Amendment Act, 2009
Police Act Oct. 29/09 by Bill 7, s. 1 only, Police (Misconduct, Complaints, Investigations, Discipline and Proceedings) Amendment Act, 2009
and by 2009 Bill 12, ss. 1 to 6 only, Ombudsman Amendment Act, 2009
Prescribed Classes of Property Regulation (438/81) Oct. 30/09 by Reg 257/2009
Social Service Tax Act Oct. 29/09 by 2009 Bill 2, ss. 58 and 59 only (retroactive to Sept. 2/09) and ss. 60 and 61 only (retroactive to Apr. 1/09),  Budget Measures Implementation Act (No. 2), 2009
Social Service Tax Act Regulations (84/58) Oct. 30/09 by Reg 264/2009 (retroactive to April 1/09)
Tourism Act Oct. 29/09 by 2009 Bill 2, s. 14 only,  Budget Measures Implementation Act (No. 2), 2009
Tourism British columbia Act Oct. 29/09 by 2009 Bill 2, s. 15 only (retroactive to Aug. 14/09),  Budget Measures Implementation Act (No. 2), 2009
Tourist Accommodation (Assessment Relief) Act Oct. 29/09 by 2009 Bill 13, s. 4 only, Miscellaneous Statutes Amendment Act, 2009
University Act Oct. 29/09 by 2009 Bill 13, ss. 12, 14 and 15 by Royal Assent, s. 13 (retroactive to April  1/05), Miscellaneous Statutes Amendment Act, 2009
Vancouver Charter Oct. 29/09 by 2009 Bill 13, ss. 78 to 87 only, Miscellaneous Statutes Amendment Act, 2009
and by 2009 Bill 12, ss. 4 and 5 (Schs. 1 and 2) only, Ombudsman Amendment Act, 2009
Victoria Foundation Act Oct. 29/09 by 2009 Bill PR 403, Victoria Foundation Amendment Act, 2009
MISCELLANEOUS
Act or Regulation Affected Effective Date Amendment Information
Balanced Budget and Ministerial Accountability Act Oct. 29/09 by 2009 Bill 2, s. 1 by Royal Assent, ss. 2 and 3 (retroactive to April 1/09) only, Budget Measures Implementation Act (No. 2), 2009
Budget Measures Implementation Act (No. 2), 2009 Oct. 29/09 see Budget Measures Implementation Act (No. 2), 2009 transitionals, ss. 18 and 63 by Royal Assent; 19 (retroactive to Sept. 1/09), 69 (retroactive to July 1/09) and 74 (retroactive to Sept. 2/09)
Budget Transparency and Accountability Act Oct. 29/09 by 2009 Bill 2, ss. 4 and 5 only, Budget Measures Implementation Act (No. 2), 2009
College and Institute Act Oct. 29/09 by 2009 Bill 13, ss. 7 and 8 only, Miscellaneous Statutes Amendment Act, 2009
Judicial Compensation Act Oct. 29/09 by 2009 Bill 13, ss. 53 to 55 only, Miscellaneous Statutes Amendment Act, 2009
Royal Roads University Act Oct. 29/09 by 2009 Bill 13, s. 9 only, Miscellaneous Statutes Amendment Act, 2009
Sheriff Act Oct. 29/09 by 2009 Bill 13, ss. 66 to 72 only, Miscellaneous Statutes Amendment Act, 2009
Sheriff Powers, Duties and Responsibilities Regulation (263/2009) NEW
Oct. 30/09
see Reg 263/2009
Thompson Rivers University Act Oct. 29/09 by 2009 Bill 13, ss. 10 (retroactive to March 31/05) and 11 by Royal Assent, Miscellaneous Statutes Amendment Act, 2009
Treaty First Nation Taxation Act Oct. 29/09 by 2009 Bill 13, ss. 5 and 6 only, Miscellaneous Statutes Amendment Act, 2009
MOTOR VEHICLE RELATED

B.C. to limit cellphone use while driving
The Motor Vehicle Amendment Act, 2009, [2009 Bill 15, chapter 23], was given Royal Assent on October 29 and comes into force by Regulation. It prohibits drivers from using cellphones while driving, unless the phones are connected to hands-free devices. Those who are classified as drivers in the "learner" or "novice" stage of the province's Graduated Licensing Program (GLP) would be barred from using any type of cellphone at all when behind the wheel. The use of other portable electronic devices and text messaging would be banned outright for all drivers. The changes come into effect Jan. 1, 2010, and fines of $167 begin after Feb. 1, 2010. See the News story as reported by the CBC. Also see the News story as reported by The Province.

Act or Regulation Affected Effective Date Amendment Information
Motor Fuel Tax Act Oct. 29/09 by 2009 Bill 2, ss. 44-45, 47, 49, 53, 56 (all retroactive to Sept. 02/09); 51-52, 55 (all retroactive to July 01/08) only, Budget Measures Implementation Act (No. 2), 2009
Motor Fuel Tax Regulation (414/85) Oct. 30/09 by Reg 262/2009 (retroactive to Sept. 2/09)
Motor Vehicle Act Regulations (26/58) Oct. 9/09 by Reg 236/2009
Violation Ticket Administration and Fines Regulation (89/97) Oct. 9/09 by Reg 237/2009
REAL ESTATE & BUILDERS LIEN RELATED

Real Estate and Builders Lien News:

New Classification for strata accommodation
properties and supportive housing

The Miscellaneous Statutes Amendment Act, 2009 includes changes to the Assessment Act. The intent is to ensure that new strata accommodation developments are split-classified to reflect actual use for both residential and commercial purposes. The new bill also broadens the definition of eligible supportive housing property to include those funded by regional health authorities. See the Information Bulletin.

B.C. Liberal government pushing ahead with
strata law amendments despite criticisms

The B.C. Liberal government is pushing ahead with amendments to strata law despite criticisms that it has broken a pre-election promise to consult the public on the legislation. On October 5, with a 45-32 vote, MLAs belonging to the governing party defeated a motion by the NDP to delay consideration of the Strata Property Amendment Act, 2009, [2009 Bill 8, chapter 17] for six months. The proposal was intended to allow public input. The legislation went through second reading the same day, and third reading the next day. It received Royal Assent October 29, although will come into force by Regulation at a later date. See the full story as reported on Straight Talk.

Act or Regulation Affected Effective Date Amendment Information
Assessment Act Oct. 29/09 by 2009 Bill 13, s. 76 only, Miscellaneous Statutes Amendment Act, 2009
Oct. 30/09 by 2009 Bill 13, s. 75 only (Reg 261/2009), Miscellaneous Statutes Amendment Act, 2009
Manufactured Home Tax Act Oct. 29/09 by 2009 Bill 13, ss. 1 to 3 only, Miscellaneous Statutes Amendment Act, 2009
Mortgage Brokers Act Oct. 29/09 by 2009 Bill 5, ss. 12 to 14 only, Finance Statutes Amendment Act, 2009There
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