Energy and Mines News:

Mining industry and government dispute report
claiming laws unfair to First Nations
A new U.S. report says B.C. mining laws are unfair to First Nations, but that doesn't wash with the provincial government. B.C.'s mining minister, Randy Hawes, is dismissing the report from an International Human Rights Clinic of the Harvard Law School, as the province's three major political First Nations groups call on the Liberal government to heed the findings. The report, called Bearing the Burden, said First Nations communities are not part of the decision-making for future mining activity on their lands. See the News Story as reported by The Province.

B.C. industry urges Federal approval for Prosperity Mine
The Mining Association of British Columbia (MABC) along with the B.C Chamber of Commerce and the Business Council of British Columbia are asking the federal Cabinet to support the Prosperity mine project now that the federal review panel's report has been completed. The Prosperity Mine project, located in central B.C. is expected to contribute $340 million dollars annually to provincial GDP, $400 million in provincial revenue and $43 million to local and regional government over the life of the project. See the Article published by the MABC.

Family, Wills and Estates News:

Property tax deferment option available for families
Families with children under the age of 18 can now defer their property taxes at low interest rates through a new provincial program introduced in Budget 2010 it was recently reported. As with the Property Tax Deferment Program for seniors and the Financial Hardship Property Tax Deferment Program, the Families with Children Property Tax Deferment Program allows eligible homeowners to defer their annual property taxes for the 2010 and following tax years. To qualify, a person must have 15 per cent equity in their home and be a B.C. resident who financially supports a child under age 18. Eligible homeowners can defer all or part of the unpaid portion of their property taxes until they sell or transfer ownership of their home, or it becomes part of an estate. See the Government Website and the News Release.

Forest and Environment News:

Catalyst Paper closes Campbell River mill
On July 6, Catalyst Paper said that it is permanently closing its Elk Falls paper mill near Campbell River, B.C., and its paper recycling operation in Coquitlam, B.C. The Elk Falls mill has been idle since 2009, while the paper recycling operation was indefinitely closed in February. Catalyst recently lost a court battle with four of the B.C. municipalities where it has mills over what the company said were exorbitant annual municipal taxes. Catalyst paid its taxes in three of the four municipalities June 30, the day before the tax deadline. (see related story). See the News Story as reported by CBCnews.

Related story:
Catalyst pays tax bill in full to
three of four municipalities
Catalyst Paper paid its full municipal property tax bill in three of the four municipalities that host its BC paper mills, but is seeking leave from the Supreme Court of Canada to appeal a recent court decision involving the fourth municipality, the city of North Cowichan on Vancouver Island. Catalyst recently announced that it will pay more than $15 million in municipal taxes to Powell River, Campbell River, Port Alberni and the District of North Cowichan. See the News Release as published by Catalyst.

WCEL raises legal questions about Oliver slide
West Coast Environmental Law is concerned about the province's response to the landslide that hit Oliver, BC on June 13th. The slide was caused by a man-made lake created by Elkink Ranch Ltd. under a water licence—issued under the province's Water Act—allowing the ranch to use and store water in Testalinden Lake for irrigation. The article comments on the province's response and the legal obligations and responsibilities it is citing in response to the slide. See the News Article as reported by West Coast Environmental Law.

Non-wood pulp mill in Manitoba
A group of investors that includes actor Woody Harrelson is hoping to produce high-quality, eco-friendly paper from wheat and flax straw in southern Manitoba for such businesses as Staples and Office Depot. Their company, Prairie Pulp and Paper, has already produced small runs of its "tree-free, chlorine-free" paper with favourable results, and it's now ready to test its innovative process on a commercial scale. If successful, the company plans to build North America's first commercial-scale non-wood pulp and paper mill in rural Manitoba. See the News Story as reported by the Winnipeg Free Press.

B.C. Court confirms limited jurisdiction
of Department of Fisheries and Oceans over
development in riparian areas
In a recent decision of importance to project developers dealing with the Department of Fisheries and Oceans (DFO, now known as Fisheries and Oceans Canada or FOC), the Supreme Court of British Columbia exposed the institutional fiction that the DFO may reject development proposals that do not cause harmful alteration, disruption or destruction to fish habitat (HADD). In doing so, the Court found that the DFO extended far beyond its legitimate authority in trying to establish a decision-making role for itself in development proposals in riparian areas, in circumstances where no harmful alteration, disruption or destruction to fish habitat would result. The Court confirmed that DFO approval is not required for activities that do not cause a HADD and consequently, the DFO has no jurisdiction to deny non-HADD developments. Further, the Court's discussion confirms that the DFO's opinion on how non-HADD developments should be built should not be relied upon by either local governments or the province to deny development approval. See the News Article as reported by Blakes.

The Forestry Law Reporter
Volume III, Issue I
The next issue of The Forestry Law Reporter by Jeff Waatainen, Westhaven Forestry Law is now available. For the full report see The Forestry Law Reporter.

Health News:

B.C. pledges improved access to family doctors by 2015
The provincial government has promised every British Columbian will have access to a family doctor by 2015. Health Services Minister Kevin Falcon said the province will spend $137 million over the next two years to overhaul the primary health care system. Included within the total amount is the $45 million announced by the ministry in April to pay specialists a $40 management advice fee or a $60 urgent advice fee to consult with family physicians over the phone. See the News Article as reported by the Vancouver Sun.

Supreme Court to decide BC Injection Clinic's Future
The future of Vancouver's supervised drug-injection site, Insite, will be decided in the Supreme Court of Canada. The court said that it will decide whether the federal government has the authority to shut down the Downtown Eastside clinic — the first such clinic in North America to allow addicts to inject themselves with prohibited drugs under a nurse's supervision. The case has turned into an important jurisdictional struggle between the provincial and federal governments. See the News Article as reported by the Globe And Mail.

Health Canada besieged on the frontline
defending against toxic jewelry
Big problems for companies that import or sell children's jewelry packed with lead all start with a small file. A Health Canada technician in a white laboratory coat, and with file in hand, grinds down a piece of metal jewelry, always cheap, usually made in China and picked up from store shelves across the country by suspicious product safety officers. This year, more than 100 items were targeted and shipped to the lab for testing. Many samples usually come from dollar and discount stores, but accessories at the retail chain Garage caught the eye of Health Canada this year. Lab tests on two Garage bracelets were carried out, and showed that one was made of 87 per cent lead, and the other comprised 90 per cent lead. See the News Article as reported by the Vancouver Sun.

Labour, Company and Finance News:

British Columbia Construction Association highlights
benefits of harmonized sales tax
The construction industry in British Columbia is gearing up to educate the public on the benefits of the Harmonized Sales Tax (HST). "The bottom line is we support the HST," said Manley McLachlan, president of the British Columbia Construction Association (BCCA). "It was one of our policies to support the harmonization of the GST and the PST for the last eight years." See the Article as published by the Journal of Commerce.

Statement re launch of judicial review of HST initiative
Business groups seek certainty on validity of
HST Extinguishment Act
In a June 4, 2010 article in the Vancouver Sun, former BC Attorney General Geoff Plant questioned the constitutional validity of the draft bill at the heart of the anti-HST initiative. Mr. Plant's argument focuses on whether or not the draft bill at the core of the anti-HST initiative can, constitutionally speaking, become law in British Columbia. If the draft legislation is unconstitutional, the B.C. legislature will be legally unable to enact the bill as drafted by its proponents, regardless of how many signatures the petition receives. According to the news release, the majority of B.C. business organizations support the HST as an integral component of the province's longterm economic prosperity. The tax will make B.C. businesses more competitive in Canada and around the world, and will encourage investment and job creation in the province. However, concerns about the constitutionality of the draft HST Extinguishment Act give rise to uncertainty about the future of the province's tax policy. This uncertainty has the potential to harm B.C. businesses and the economy at large. See the News Release issued by a group of B.C. businesses.

BC to research workplace dispute resolution
The British Columbia Ministry of Labour has asked the British Columbia Law Institute (BCLI) to conduct legal research and analysis in relation to workplace dispute resolution mechanisms in British Columbia. BC workplaces have evolved significantly over the years, both in terms of the types of employer-employee relationships and the nature of the conflicts that emerge from within the workplace. The BCLI will be conducting an international review of approaches to resolving workplace conflict and investigating the range of labour and employment conflict resolution systems in operation in other parts of Canada and select other countries, with a view to highlighting the strengths and weaknesses of various approaches. See the Article as published by Workplace.

Pre-employment screening – Legal & practical issues
surrounding criminal background checks
Hiring the right employees is essential to the success of a business. Accordingly, the importance of thorough pre-employment screening of job candidates cannot be overemphasized. Having said that, there are some important practical and legal considerations relating to pre-employment screening that both employers and employees should be aware of. Many employers undertake criminal background checks as a means for determining suitability of the candidate for a position. These employers should note that while the specific laws vary by jurisdiction and some exceptions apply, human rights legislation generally prohibits employers from refusing to hire or continuing to hire an individual based on certain protected grounds — including criminal convictions. See the Article as published by Clark Wilson.

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

Local Government News:

Sun Peaks set to become B.C.'s first
mountain resort municipality
The new mayor of B.C.'s newest municipality — the first mountain resort to get the designation under special provincial legislation — believes his community can now access the services it badly needs. "Firstly, we'll get the decision-making in our local community," Sun Peaks Mayor Al Raine said in a recent interview. "Hopefully, we can lobby for our first school [because] the children now travel 35 kilometres to Heffley Creek. And we may be able to lobby for a moderate[-sized] clinic." See the News Article as reported by the Vancouver Sun. Also see the government News Release.

BC Chamber supports local government tax reform
Business leaders representing Chambers of Commerce from across BC gathered in Vancouver May 27-29th for the BC Chamber of Commerce Annual General Meeting & Conference and endorsed a motion for the BC Chamber to instruct the government that reform of local government is a priority for the business community. "While many local governments have developed good relationships with their business community and are proactive in developing an open for business approach to their local economies, there are still many local governments who fail to realize who employs their tax paying residents, and that as a consequence, they represent the single largest impediment to economic growth and a vibrant and prosperous community," states John Winter, President and CEO of the BC Chamber of Commerce. See the News Release from the BC Chamber of Commerce.

Elections task force recommendations get green light
Cabinet has given the green light to move forward with implementing the 31 Local Government Elections Task Force recommendations for improving local elections, announced Minister of Community and Rural Development Ben Stewart. In a final report submitted on May 28, 2010, the task force outlined recommendations for improving local government elections by ensuring accountability, enhancing transparency, strengthening compliance and enforcement, increasing accessibility, and expanding education and advice. See the News Release.

Property bill paves way for projects
The Squamish Nation will move ahead with plans to build condominium units on reserve land on the North Shore after a federal bill recently received royal assent in Ottawa. Bill C-24 amends the First Nations Commercial and Industrial Development Act to allow first nations the right to develop commercial real estate on reserves. Squamish Nation Chief Gibby Jacob said the amendment means the Squamish Nation can go ahead with plans to build four housing towers on 74,000 square metres of land near the Park Royal shopping mall in West Vancouver. See the News Article as reported by the Vancouver Sun.

News:

Body armour restrictions come into effect
Canada’s first act that restricts the sale and possession of body armour came into effect July 1. The Body Armour Control Act is part of a seven-point plan to tackle gang and gun violence which was announced last year. Under the new rules, anyone who wants to possess or sell body armour must have a permit or licence, and applicants must undergo a mandatory criminal record check. Police now have the authority to seize body armour from those not authorized to possess it, and fines can be imposed of up to $10,000 for individuals and $100,000 for businesses. Individuals and businesses who currently own or sell body armour have six months from July 1, 2010, to obtain the necessary permit or licence. Individuals who are required to wear body armour due to the nature of their jobs will now need to hold a permit. See the News Release.

Motor Vehicle and Traffic News:

Police not enforcing helmet laws, doctor says
Cycling head injuries are down, but 40% in B.C. don't wear helmets. Despite research showing that bicycle helmets drastically reduce the chance of head injuries, only 60 per cent of B.C. cyclists comply with the law, according to a Statistics Canada survey. And that's high by Canadian standards. The survey showed that the national average is about 50 per cent, said Dr. Shelina Babul-Wellar of the B.C. Injury Research and Prevention Unit, Child and Family Research Institute. See the News Article as reported by the Vancouver Sun.

Enhanced license plate removal
As of June 14, 2010 CVSE implemented an enhanced roadside enforcement program to deal with the removal of unsafe commercial vehicles on British Columbia highways. The Enhanced License Plate Removal (ELPR) Program applies to commercial vehicles licensed over 5000 kg in the National Safety Code Program. Vehicles found to have critical defects that render the vehicle unsafe for operation will be subject to tough new requirements before re-licensing can occur. See the CVSE website.

Real Estate and Builders Lien News:

Property bill paves way for projects
The Squamish Nation will move ahead with plans to build condominium units on reserve land on the North Shore after a federal bill recently received royal assent in Ottawa. Bill C-24 amends the First Nations Commercial and Industrial Development Act to allow first nations the right to develop commercial real estate on reserves. Squamish Nation Chief Gibby Jacob said the amendment means the Squamish Nation can go ahead with plans to build four housing towers on 74,000 square metres of land near the Park Royal shopping mall in West Vancouver. See the News Article as reported by the Vancouver Sun.

The use of video surveillance by strata corporations
A recent decision of the British Columbia Privacy Commissioner's Office provides useful guidance for all strata corporations using or considering the use of video surveillance. In Order P09-02 (Shoal Point Strata Council), certain strata residents had complained to the Commissioner's Office regarding the use of video surveillance in their strata corporation. In response to the initial complaint, the Strata Corporation adopted a "Policies and Procedures for Video Monitoring", but the complainants were of the opinion that their privacy rights were not sufficiently addressed by the policies and procedures, given the type of surveillance that was being undertaken. See the Article as published by Clark Wilson.

Are you insured?
Owners, Tenants and Occupants may not be . . .
depending on the policy wording
Some owners, tenants and occupants do not take out personal liability insurance. One reason for that decision may be the belief that they are covered under the strata corporation's liability policy. A strata corporation is required to take out liability insurance against liability for property damage and bodily injury, and the coverage must be at least $2 million. A recent decision of the BC Supreme Court, Economical Mutual Insurance Company v. Aviva Insurance Company of Canada, raises concerns about the extent of the liability coverage that an owner, tenant or occupant may actually receive under a strata corporation's liability insurance policy, depending on the policy's wording. See the Article as published by Clark Wilson.