Energy and Mines News:

Clean Energy Act opposed
As reported last month, Bill 17, the Clean Energy Act, was introduced with the promise that it would bring billions of dollars of investment in the “green energy” sector, while protecting low electricity rates for British Columbians. The Act – a centrepiece of the legislative agenda this year – is flawed and unrealistic, says government backbencher John Rustad, the provincial Liberal MLA for Nechako Lakes. He said he intends to vote against some sections of the bill, which is expected to be passed into law later this week. The bill is under attack from a wide range of critics, including the business community which says it discourages low-cost, low-carbon energy alternatives. Native leaders complain the government failed to consult with them, and the NDP opposition contends that consumers will end up paying more for energy under this plan. The bill will enshrine into law a long-standing government policy that prohibits future dam construction on rivers that currently have no major hydroelectric dams. See the News Story as reported by the Globe and Mail.

BC First Nations vow to fight Enbridge pipeline
A First Nations leader is sending a stern warning to a Calgary company over its plan to build an oil pipeline to a tanker port on the BC coast. Art Sterritt, the Executive Director of the Coastal First Nations, says aboriginals will not allow Enbridge to do to them what BP has done to the people of Louisiana, a reference to the massive Gulf oil spill. The warning came as Enbridge submitted its formal application to federal regulatory authorities to build a pipeline to carry oil from Alberta's tar sands to a tanker port in Kitimat for export. See the News Story as report by CTV.

BC’s Mining Sector Faired Better
than Most in 2009 Says PWC
British Columbia’s mining industry reported pre-tax net earnings of $2.3 billion during 2009 in spite of the worldwide economic slowdown, according to PricewaterhouseCoopers (PwC) report, The Mining Industry in British Columbia—2009. The earnings of $2.3 billion declined from the all-time record of $3.2 billion reported in 2008, but remain at historically high levels. The industry weathered the global economic downturn better than most, but BC mines were faced with lower shipments and weaker prices across the board in 2009 due to a drop in overall economic activity just about everywhere. See News Article.

Family, Wills and Estates News:

Kids come first, Hughes tells Premier
Last month it was reported that the Representative for Children and Youth, Mary Ellen Turpel-Lafond was concerned about proposed government legislation which would limit her access to cabinet documents which are required as part of her job to oversee the child welfare system. Subsequently, former Judge Ted Hughes urged BC Premier Gordon Campbell to withdraw the legislation that would undermine the powers of the Children’s Representative. Hughes, whose scathing review of the child-welfare system led to the creation of Turpel-Lafond’s office four years ago, said the proposed amendments would “strike a negative blow to the heart” of those efforts to restore public confidence in the system. See the News story as posted by Global TV BC. Further to that, the government suspended the amendment and asked Hughes to mediate. See the News story as posted by the Times Colonist. Last week, former judge Ted Hughes brokered a deal between the province's independent children's watchdog and the BC government in a dispute over cabinet documents. Both sides signed a protocol agreement. Turpel-Lafond said she was pleased with the deal, which she said allows the representative to see cabinet documents and refer to them in reports. Mary Polak, minister of Children and Family Development, said the agreement is a fair balance between the two sides. See the News story as posted by the Times Colonist.

New Supreme Court Family Rules - AMENDED
Effective July 1, 2010, the new Supreme Court Family Rules (B.C. Reg. 169/2009) and Civil Rules (B.C. Reg. 168/2009) will come into force. On May 5th a series of amendments came in which amended the new rules throughout. These amendments have now be consolidated and Quickscribe has posted a preview version on line.

New Family Law Rules Subcommittee
The Canadian Bar Association British Columbia Branch has established two subcommittees to monitor implementation of the new rules, gather feedback about what works and what does not work, and distribute information to the membership about how the new rules are being interpreted. The Civil Rules Subcommittee is composed of Bill Veentsra of Jenkins Marzban Logan in Vancouver, and Charlotte Salomon of McConnan Bion O’Connor & Peterson in Victoria. The members of the Family Law Rules Subcommittee are David Dundee of Paul & Company in Kamloops, and John-Paul Boyd of Aaron Gordon Daykin Nordlinger in Vancouver. For more information visit the CBABC website.

Forest and Environment News:

Forest Companies and Environmentalists
Reach Deal on Boreal Forest
The Forest Products Association of Canada and nine leading environmental groups announced an agreement recently that will protect swaths of boreal forest and the woodland caribou while allowing sustainable forestry practices to continue. The Canadian Boreal Forest Agreement applies to 72 million hectares of forest licensed to FPAC members - two thirds of all certified forest land in Canada. Under the agreement, new logging will be suspended on nearly 29 million hectares of boreal forest, and in return Canopy, ForestEthics and Greenpeace will suspend their 'Do Not Buy' campaigns while the agreement is being implemented. See the News story as reported by the Vancouver Sun.

New program minimizes wood waste in the northeast
BC Timber Sales is making wood harvested during oil and gas exploration and development in the Fort Nelson forest district available for auction, it was recently announced. BC Timber Sales is listing wood on a ministry-run website, offering oil and gas companies a convenient and practical way to reach timber customers, and providing purchasers with accessible information about available wood. See the News release.

New Measures to Reduce GHG Emissions
from Heavy Duty Vehicles
Environment Canada will develop proposed regulations to reduce greenhouse gas emissions from new heavy-duty vehicles. Over the coming months, the Government will be working with the heavy-duty trucking industry, including manufacturers and users, to develop these regulations. A consultation draft of the regulations is expected to be available for comment from industry, stakeholders and the public in the fall of 2010. The final regulations will be implemented between the 2014 and 2018 model year. See the News release.

BC Forestry Law Reporter
A new edition of the BC Forestry Law Reporter is in the works and is scheduled for release in the June Reporter.

Health News:

BC has lowest heart attack rate in Canada
An independent national report confirms that British Columbia has the lowest heart attack rate per capita in Canada and leads the country in several other health indicators. According to CIHI, for self-reported conditions such as high blood pressure, asthma and obesity, BC has the lowest rates among the provinces. BC is also below the Canadian average for arthritis rate and diabetes rate. For self-reported health behaviours, BC had the lowest percentage of smoking and heavy drinking, and the highest percentage of physical activity. See the News release.

Labour, Company and Finance News:

Employment Law in British Columbia
In the current economic climate, continued employment and employment relationships are more critical than ever. During these uncertain times, economic pressures may require an employer reorganize or restructure its workforce. Doing so properly, and in accordance with the law, will ensure continued survival of your business, your profitability and your reputation. The laws regarding employment standards have changed little in recent years. Still, you must know them when considering leave, layoffs and terminations. The Employment Standards Act is the corner-stone of most employment relationships, although in recent years, the common law is being applied much more often in the determination of reasonable notice for termination. See the Article produced by Harper Grey.

New Supreme Court Civil Rules - AMENDED
Effective July 1, 2010, the new Supreme Court Civil Rules (B.C. Reg. 168/2009) and Family Rules (B.C. Reg. 169/2009) will come into force. On May 5th a series of amendments came in which amended the new rules throughout. These amendments have now be consolidated and Quickscribe has posted a preview version on line.

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

Local Government News:

Recommendations for BC local elections
Provincial officials and Union of BC Municipalities are now mulling the final report from a task force examining local elections. Task force co-chair Bill Bennett, Minister of Community and Rural Development, says the document includes 31 recommendations designed to improve local elections. Many of the key recommendations focus on campaign expenses and financial disclosure and enforcement. See the News story as reported by CTV.

Motor Vehicle and Traffic News:

Traffic sheriffs a step closer in BC
The BC government appears to be pressing ahead with a plan to use sheriffs to enforce traffic laws. While the government denies a decision has been made, the Times Colonist reports that sheriffs are being sent for training in traffic enforcement. Only weeks ago, the province confirmed it had begun discussions with police about the expansion of sheriffs' duties to include traffic duties. See the News story.

BC Government ponders new regulations
for backcountry snowmobiling
The aftershocks of the massive Boulder Mountain avalanche near Revelstoke this winter are still being felt, as the provincial government is working on new regulations and penalties for reckless backcountry snowmobilers. The new laws could allow seizure of snowmobiles and perhaps include a province-wide licensing system for operators. See the News story as reported by the Grand Forks Gazette.

New Measures to Reduce GHG Emissions
from Heavy Duty Vehicles
Environment Canada will develop proposed regulations to reduce greenhouse gas emissions from new heavy-duty vehicles. Over the coming months, the Government will be working with the heavy-duty trucking industry, including manufacturers and users, to develop these regulations. A consultation draft of the regulations is expected to be available for comment from industry, stakeholders and the public in the fall of 2010. The final regulations will be implemented between the 2014 and 2018 model year. See the News release.

Real Estate and Builders Lien News:

Strata Property Act enforcement difficulties
The Strata Property Act of BC is the legislation that lays out how a strata corporation should operate and govern, but there's no 1-800 number to call if your strata council isn't doing its job. Enforcement of the Act is up to the owners. But when it comes to strata managers not complying with the Real Estate Services Act, that's a different matter. There is a "ghostbuster" – the Real Estate Council of BC. This is the body that licenses real estate agent brokers, as well as strata management representatives. It collects licence fees, inspects office records and disciplines licensees for "wrongful actions." See the News story as reported by the Vancouver Sun.

Weak strata laws favour developers
Inexperienced strata councils can face some extremely serious problems in a phased strata development. The unchecked ability of a BC strata developer to ignore the Strata Property Act, fail to maintain reserves, fail to pay strata fees on unsold strata lots and use its block of votes from unsold strata lots to corrupt governance for the developer's benefit are all too common in British Columbia. In the absence of any defined offences and penalties under the Strata Property Act, a developer is subject only to civil action by the "empty-pocketed" strata buyer, a virtual impossibility. See the News story as reported by the Times Colonist.