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Vol: IX  –  Issue: VII  – July 2010

QUICKSCRIBE NEWS:

July Flurry of Amendments
As reported in the June edition, a number of Acts and regulations had amendments which came into force on or around July 1st. Many of those amendments related to the new HST and Supreme Court Civil/Family Rules. For clarity, we have opted to add an asterisk to the names of Acts which were amended primarily as a result of the implementation of the Supreme Court Civil Rules and/or the Supreme Court Family Rules. Once the first of the month's rush was over, it was quiet but picked up again at the end of the month.


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ENERGY & MINES
FAMILY, WILLS & ESTATES
FOREST AND ENVIRONMENT
HEALTH
LABOUR, COMPANY & FINANCE
  LOCAL GOVERNMENT
MISCELLANEOUS
MOTOR VEHICLE & TRAFFIC
REAL ESTATE & BUILDERS LIEN

ENERGY & MINES RELATED

Energy and Mines News:

Copper Mountain signs impact benefit agreement
with Upper Similkameen Indian Band

Copper Mountain Mining Corporation (the "Company") announces that the the Upper Similkameen Indian Band and the Company have concluded a mutually beneficial Impact Benefits Agreement for the development of the Copper Mountain Project located 20 km south of the town of Princeton in southern British Columbia. See the Full Article as published by MABC.

Contaminated Sites Update: Requisite forms for notification
of independent remediation & offsite migration

The BC Ministry of Environment recently issued Protocol 17, which will come into force on September 1, 2010. Protocol 17 standardizes the content and format of the forms to be used when reporting: 1. independent remediation; and 2. actual or likely offsite migration. The protocol states that anyone who undertakes independent remediation of contaminated land must notify the Director of Waste Management at the Ministry of Environment in writing prior to initiating remediation and within 90 days of completing it. See the Full Article written by Lindsay Johnston and Richard Bereti of Harper Grey LLP’s Environmental Law Practice Group.

Updated procedures for meeting legal obligations
when consulting First Nations released

The Ministry of Aboriginal Relations & Reconciliation (MARR) has released updated provincial procedures for consultation. MARR released the update to First Nations on July 22; all provincial staff responsible for Aboriginal consultation have received training. See the Full Article as published by the Association for Mineral Exploration British Columbia.

$53 million for July natural gas and petroleum sale
The July 2010 natural gas and petroleum sale resulted in over $53 million in bonus bids, bringing the calendar year-to-date total to over $662 million and exceeding expectations for this month’s sale. The July 21 sale offered 37 parcels in northeast B.C., covering 38,608 hectares, and sold 31 parcels covering 36,413 hectares. The average price per hectare for this sale is approximately $1,462. See the News Release.

B.C. will hit industrial emitters from two directions –
But a government official says cap-and-trade program,
carbon tax will be mutually exclusive

British Columbia industries will face two sets of environmental regulations for their greenhouse gas emissions. At a recent conference call by the Environment Ministry's Climate Action Secretariat, a government official said B.C.'s major industries will still pay carbon taxes after the 2012 introduction of a cap-and-trade program regulating their smokestack emissions. Cap-and-trade regulations will apply to emissions from stationary assets such as smelters and gas processing plants, while the carbon tax would apply to transportation fuel such as diesel for large mining trucks. See the Full Story as reported by the Vancouver Sun.

Act or Regulation Affected Effective Date Amendment Information
Clean Energy Act July 5/10 c. 22, [SBC 2010] 2010 Bill 17, ss. 21-33  only in force by Royal Assent
Exempt Projects, Programs, Contracts and Expenditures Regulation (235/2010) NEW
July 27/10
see Reg 235/2010
Mineral Tax Act* July 1/10 by 2010 Bill 11, c. 6, ss. 73, 91(Sch1) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Mining Rights Compensation Regulation (19/99) July 1/10 by Reg 161/2010
Special Direction No. 10 to the British Columbia Utilities Commission (245/2007) July 30/10 by Reg 251/2010
Utilities Commission Act July 5/10 by 2010 Bill 17, c. 22, ss. 59, 73 only (in force by Royal Assent) Clean Energy Act
FAMILY, WILLS & ESTATES RELATED

Family, Wills and Estates News:

White Paper released on new family laws
A final consultation stage in major reforms to replace B.C.’s Family Relations Act was announced this month by Attorney General Michael de Jong, QC, with release of a White Paper containing draft legislation and policy proposals for family law. Comments on the draft will be taken until the October 8, 2010 deadline.

B.C. proposes sweeping legal changes for separation, divorce, child custody
The provincial government is proposing a sweeping rewrite of its laws for separation, divorce and child custody, to encourage out-of-court settlements instead of costly legal battles. The proposed changes are the result of a four-year review into the Family Relations Act, which hasn’t been overhauled by the province since it was created 32 years ago. The government intends to replace it with a new Family Law Act next year. See the News Story as reported by the Province.

Eliminating child 'custody' tries to ease pain of separation
The "c" word may soon be a thing of the past, at least for families negotiating the most painful aspect of separation and divorce: custody of their children. Changes proposed for B.C.'s Family Relations Act include eliminating the terms "custody" and "access," and replacing them with new concepts of "guardianship" and "parental responsibilities." "It is a profound shift from a rights-based consideration to a parenting obligation from a child's point of view," said J.P. Boyd, a Vancouver family lawyer. See the News Story as reported by the Vancouver Sun.

Support binding on the estate?
One of the more difficult situations that may arise in the administration of an estate is a claim by a former spouse of the deceased that support obligations set out in a separation agreement are binding on the estate. Unless the separation agreement states otherwise, support payments are not normally binding on an estate and cease upon the death of a payor. Ultimately, the administrator or executor may have to bring a court application to determine the issue and quantify the amount payable. However, it is useful to know when support obligations might be binding and how much of the estate will be impacted by such a finding. See the Full Article by Clark Wilson.

Act or Regulation Affected Effective Date Amendment Information
Adult Guardianship Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Child, Family & Community Service Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Civil Rights Protection Act* July 1/10 by 2010 Bill 11, c. 6, s. 94(Sch4) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Division of Pensions Regulation (77/95) July 1/10 by Reg 152/2010
Estate Administration Act* July 1/10 by 2010 Bill 11, c. 6, ss. 46, 94(Sch4), 96(Sch6), 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Family Compensation Act* July 1/10 by 2010 Bill 11, c. 6, s. 47 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Family Maintenance Enforcement Act Regulation (346/88) July 1/10 by Reg 151/2010
Family Relations Act* July 1/10 by 2010 Bill 11, c. 6, ss. 48, 49 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Infants Act* July 1/10 by 2010 Bill 11, c. 6, ss. 56, 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Interjurisdictional Support Orders Act* July 1/10 by 2010 Bill 11, c. 6, s. 60 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Interjurisdictional Support Orders Regulation (15/2003) July 1/10 by Reg 157/2010
Law and Equity Act* July 1/10 by 2010 Bill 11, c. 6, ss. 68, 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Notice to Mediate (Family) Regulation (296/2007) July 1/10 by Reg 160/2010
Notice to Mediate (General) Regulation (4/2001) July 1/10 by Reg 159/2010
Probate Fee Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Public Guardian and Trustee Fees Regulation (312/2000) July 1/10 by Reg 162/2010
Social Workers Act* July 1/10 by 2010 Bill 11, c. 6, s. 81 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Supreme Court Family Rules (169/2009) NEW
July 1/10
see Reg 169/2009 as amended by Reg 119/2010
July 30/10 by Reg 241/2010
Survivorship and Presumption of Death Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Wills Variation Act* July 1/10 by 2010 Bill 11, c. 6, ss. 88, 94(Sch4) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
FOREST AND ENVIRONMENT RELATED

Forest and Environment News:

BC forest sector jobs increase in 2010
Jobs in B.C.’s forest sector seemed to hit bottom last year, but the numbers have been climbing, slowly. Here are some forestry job stats from British Columbia: 2005 - 79,700; 2006 - 81,617; 2007 - 84,275; 2008 - 64,917; 2009 - 51,958; 2010 (Jan to May) – 55,200. See the Full Story as reported by the Globe & Mail.

Government of Canada launches investments
in forest industry transformation program

The Government of Canada recently launched a $100-million program to help expand opportunities for Canada's forestry sector through the development of innovative projects and technologies. The purpose of the IFIT program is to demonstrate and deploy new and advanced technologies in the forest sector through investments in innovative processes. See the Full Story as reported by marketwire.

Group fears new sewer laws may poison water
New provincial rules no longer require people to hire a licensed professional to install their septic tank, and that will inevitably end up poisoning groundwater supplies. So say B.C.'s septic-tank installers, who call the move a bunch of crap. "People are going to cut corners to save money when they install their septic tanks themselves," says licensed installer Greg Philip. "Homeowners are going to install systems incorrectly and poison the groundwater." See the Full Story as reported by the Vancouver Sun.

What will be the consequences of a gutted Forest Service in BC?
A recent article published in Focus Online by Briony Penn explores how the impact of recent cuts and government ideologies could lead to more privitization. The combination of a gutted Forest Service, vast areas of not sufficiently restocked forestlands, a quirky loophole in the Kyoto Protocol and a provincial government ideologically driven to sell off public assets has created the perfect opportunity for forest industrialists to burn down the last barriers to privatization of BC’s Crown forests. See the Full Article.

The Strategy for China
The province’s foresters are gambling that new demand generated by China’s rapidly expanding economy can wrench towns like Mackenzie out of the worst slump in their history. See the Full Story as reported by the Globe & Mail.

Contaminated Sites Update: Requisite forms for notification
of independent remediation & offsite migration

The BC Ministry of Environment recently issued Protocol 17, which will come into force on September 1, 2010. Protocol 17 standardizes the content and format of the forms to be used when reporting: 1. independent remediation; and 2. actual or likely offsite migration. The protocol states that anyone who undertakes independent remediation of contaminated land must notify the Director of Waste Management at the Ministry of Environment in writing prior to initiating remediation and within 90 days of completing it. See the Full Article written by Lindsay Johnston and Richard Bereti of Harper Grey LLP’s Environmental Law Practice Group.

Act or Regulation Affected Effective Date Amendment Information
Agrologists Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Carbon Tax Act July 1/10 by 2010 Bill 9, c. 5, s. 172 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act, by 2010 Bill 2, c. 2, ss. 61 & 62 only (in force by Royal Assent) Budget Measures Implementation Act, 2010 and by 2010 Bill 11, c. 6, ss. 91(Sch1), 92(Sch2), 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Carbon Tax Regulation (125/2008) July 1/10 by Reg 106/2010
Closed Areas Regulation (76/84) July 30/10 by Reg 251/2010
College of Applied Biology Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Controlled Recreation Area (Resort Timber Administration Act) Regulation (166/2007) July 30/10 by Reg 248/2010
Emission Offsets Regulation (393/2008) July 1/10 section 11 amends other sections of this Reg, see Reg 393/2008
Engineers and Geoscientists Act* July 1/10 by 2010 Bill 11, c. 6, s. 45 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Forest Act July 1/10 by 2010 Bill 11, c. 6, ss. 91(Sch1), 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Foresters Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Hunting Regulation (190/84) July 30/10 by Reg 251/2010
Hydro and Power Authority Act July 1/10 by 2010 Bill 17, c. 22, s. 55(d) only (in force by Royal Assent) Clean Energy Act
Interest Rates Under Various Statutes Regulation (386/92) July 1/10 by Reg 216/2010
Logging Tax Act July 1/10 by 2010 Bill 11, c. 6, ss. 91(Sch1), 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Resort Timber Administration Act (Specified Enactment) Regulation (151/2007) July 30/10 by Reg 249/2010
Special Accounts Appropriation and Control Act Aug. 1/10 by 2010 Bill 9, c. 5, s. 200 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act
Timber Harvesting Contract & Subcontract Regulation (22/96) July 1/10 by Reg 153/2010
Water Regulation (204/88) July 30/10 by Reg 251/2010
Woodworker Lien Act* July 1/10 by 2010 Bill 11, c. 6, ss. 89-90, 94(Sch4), 95(Sch5) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
HEALTH RELATED

Health News:

Changes to British Columbia's generic drug laws
Would more moderate than expected drug reforms in British Columbia set a precedent that other provinces will follow? In a move that could bode well for big drug store chains, the western province recently announced last week that generic drug prices will drop to 35% of brand from 65% in the fourth quarter of 2012, and, unlike Ontario's reforms, there are no restrictions on so-called "professional allowances" and private-label generic drugs. See the Full Story as reported by the National Post.

Victoria may ban teens from tanning beds
British Columbia's capital could soon become one of the only jurisdictions in Canada to ban teens from indoor tanning salons over concerns the practice causes cancer. The regional district that includes Victoria and surrounding communities is considering a bylaw that would, among other things, prohibit anyone under 18 from using tanning beds and require ID from anyone who appears to be under 25. The bylaw comes amid persistent calls for stricter restrictions for an industry that has until now preferred to regulate itself, with few provincial or federal laws governing who can operate tanning beds or who can use them. See the Full Story as reported by CTV News.

Act or Regulation Affected Effective Date Amendment Information
Emergency and Health Services Act July 1/10 by 2010 Bill 11, c. 6, s. 148 only (Reg 191/2010) Miscellaneous Statutes Amendment Act (No. 2), 2010
Emergency Medical Assistants Regulation (210/2010) NEW
July 1/10
see Reg 210/2010
Emergency Medical Assistants Regulation (562/2004) REPEALED
July 1/10
by Reg 191/2010
Health Act* July 1/10 by 2010 Bill 11, c. 6, s. 51 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Health Authorities Act July 1/10 by 2010 Bill 9, c. 5, s. 177 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act
Health Emergency Regulation (471/74) July 1/10 by Reg 191/2010
Health Professions Act July 1/10 by 2010 Bill 11, c. 6, s. 52 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Health Professions Designation Regulation (270/2008) July 1/10 by Reg 169/2010
Patients Property Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Patients Property Act Rules (311/76) July 1/10 by Reg 145/2010
Podiatrists Regulation (214/2010) NEW
July 1/10
see Reg 214/2010, ss. 1, 2 & 6 only
Public Health Act July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Public Health Inspections and Orders Regulation (52/2009) July 1/10 by Reg 163/2010
LABOUR, COMPANY & FINANCE RELATED

Labour, Company and Finance News:

Surrey woman wins lawsuit over meeting times
A Surrey woman has won her wrongful dismissal suit against Atira Women's Resource Society in Vancouver after she was fired for not attending an afternoon staff meeting four hours after she'd completed her night shift. Counsel for the employer said Diane Giles was fired because she "refused and failed" to attend a scheduled afternoon staff meeting after completing a night shift, despite the fact that she was instructed to do so by her superior. "Apparently, a previous manager had scheduled such meetings first thing in the morning to facilitate the overnight staff, so that they could still get some sleep in the afternoon before returning for their night shift," Judge Valmond Romilly noted. Giles' lawyer noted that Section 36(2) of the Employment Standards Act states that an employer must ensure each worker "has at least eight hours free from work" between each shift. See the News Story as reported by the Vancouver Sun.

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

Act or Regulation Affected Effective Date Amendment Information
Accountants (Management) Act* July 1/10 by 2010 Bill 11, c. 6, s. 20 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
BC Harmonized Sales Tax Credit (184/2010) NEW
July 1/10
see Reg 184/2010
Bonding Regulations (11/68) July 1/10 by Reg 216/2010
Business Corporations Act July 1/10 by 2010 Bill 9, c. 5, s. 171 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act
Business Practices and Consumer Protection Act* July 1/10 by 2010 Bill 11, c. 6, ss. 25, 94(Sch4) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Commercial Arbitration Act* July 1/10 by 2010 Bill 11, c. 6, ss. 30-31 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Consular Tax Exemption Regulation (127/2008) July 1/10 by Reg 216/2010
Consumption Tax Rebate and Transition Act July 1/10 c. 5, [SBC 2010] 2010 Bill 9, ss. 19-34; 35(1)(b),(3); 37(a); 41(1)(a),(e); 56(1),(3); 58(3)(b),(4); 66-67; 205-209 only in force by Royal Assent
Consumption Tax Rebate and Transition Regulation (113/2010) July 1/10 part effective May 1/10 (retroactive) and part July 1/10, see Reg 215/2010
Cooperative Association Act* July 1/10 by 2010 Bill 11, c. 6, s. 33 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Cooperative Association Regulation (391/2000) July 1/10 by Reg 142/2010
Creditor Assistance Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Employee Investment Regulation (341/97) July 1/10 by Reg 148/2010
Employment and Assistance for Persons with Disabilities Regulation (265/2002) July 1/10 by Regs 149/2010 and 180/2010
July 30/10 by Reg 242/2010
Employment and Assistance Regulation (263/2002) July 1/10 by Regs 147/2010 and 180/2010
July 30/10 by Reg 242/2010
Employment Standards Act July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Financial Administration Act July 1/10 by 2010 Bill 9, c. 5, s. 176 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act
Financial Institutions Act* July 1/10 by 2010 Bill 11, c. 6, s. 50 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Income Tax Act July 1/10 by 2010 Bill 11, c. 6, ss. 54, 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Income Tax (BC Family Bonus) Regulation (231/98) July 1/10 by Reg 185/2010
Independent School Act* July 1/10 by 2010 Bill 11, c. 6, s. 55 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Insurance Premium Tax Act* July 1/10 by 2010 Bill 11, c. 6, ss. 91(Sch1), 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
International Business Activity Act July 1/10 by 2010 Bill 11, c. 6, ss. 91(Sch1), 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
International Commercial Arbitration Act* July 1/10 by 2010 Bill 11, c. 6, s. 61 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
National Instrument 24-101 Institutional Trade Matching and Settlement (64/2007) July 1/10 by Reg 222/2010
National  Instrument 33-109 Registration Information (226B/2009) July 1/10 by Reg 167/2010
Notaries Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Partnership Act July 1/10 by 2010 Bill 9, c. 5, s. 193 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act
Remission Regulation No. 5 (Hotel Room Tax Act and Social Service Tax Act) (218/2010) NEW
July 1/10
see Reg 218/2010
Securities Act* July 1/10 by 2010 Bill 11, c. 6, ss. 79, 95(Sch5) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Securities Regulation (196/97) July 1/10 by Reg 166/2010
Security Services Act July 1/10 by 2009 Bill 16, c. 24, ss. 24-28 only (in force by Reg. 203/2010Body Armour Control Act
Security Services Regulation (207/2008) July 1/10 by Reg 203/2010
Small Business Venture Capital Regulation (390/98) July 1/10 by Reg 168/2010
Social Service Tax Act July 1/10 by 2010 Bill 11, c. 6, ss. 91(Sch1), 92(Sch2), 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010, by 2010 Bill 9, c. 5, ss. 88, 92, 97, 99, 102 , 104-105, 108, 110, 112, 114-123, 125, 131-133, 136-138, 140-141, 146, 148,  150-151, 157, 160-161 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act and by 2010 Bill 19, c. 18, s. 70 (in force by Royal Assent) Finance Statutes Amendment Act (No. 2), 2010
Society Act July 1/10 by 2010 Bill 9, c. 5, s. 197 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act
Supreme Court Civil Rules (168/2009) NEW
July 1/10
see Reg 168/2009 (replaces Reg. 221/90) as amended by Reg 119/2010
July 30/10 by Reg 241/2010
Tobacco Tax Act July 1/10 by 2010 Bill 9, c. 5, ss. 202, 203 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act and by 2010 Bill 11, c. 6, ss. 91(Sch1), 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Tobacco Tax Act Regulation (66/2002) July 1/10 by Reg 216/2010
Veterinarians Act (1996, c. 476) July 1/10 by 2010 Bill 11, c. 6, s. 87 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010. Act will be repealed and replaced Sept. 15, 2010 by 2010 Bill 10, c. 15
Workers Compensation  Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
LOCAL GOVERNMENT RELATED

Local Government News:

Group fears new sewer laws may poison water
New provincial rules no longer require people to hire a licensed professional to install their septic tank, and that will inevitably end up poisoning groundwater supplies. So say B.C.'s septic-tank installers, who call the move a bunch of crap. "People are going to cut corners to save money when they install their septic tanks themselves," says licensed installer Greg Philip. "Homeowners are going to install systems incorrectly and poison the groundwater." See the Full Story as reported by the Vancouver Sun.

Warnings about B.C. dam date back decades: report
Government warnings were issued for decades to the owners of a dam that burst last month in B.C.'s Okanagan Valley, causing a massive landslide that caused millions of dollars in damages. But an investigation into the slide found no indication the repairs were ever done, says a report recently released. When the dam let loose on June 13 it set off a five-kilometre long torrent of mud and debris, wiping out five homes and a large swath of agricultural area in Oliver, BC. See the Full Story as reported by CTV News.

Communities receive $38.6 million for local priorities
Public safety and other important municipal services will be getting a boost thanks to $38.6 million that the Province is providing to 188 of B.C.’s local governments in the latest instalment of the Strategic Community Investment Fund. This year’s funding will be used for more police officers, new police equipment such as imaging cameras, identification equipment and police vehicles, and a variety of community safety and crime prevention initiatives. As well, the funding will be put to other local priorities such as new infrastructure, local planning, improvements to existing infrastructure and roadways, and local employment opportunities. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
Architects Act* July 1/10 by 2010 Bill 11, c. 6, ss. 21-22 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
BC Hydro Public Power Legacy and Heritage Contract Act July 5/10 by 2010 Bill 17, c. 22, ss. 42 only (in force by Royal Assent) Clean Energy Act
British Columbia Railway Act July 1/10 by 2010 Bill 19, c. 18, s. 1 only (in force by Royal Assent) Finance Statutes Amendment Act (No. 2), 2010 and by 2010 Bill 9, c. 5, s. 168 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act
Civil Forfeiture Act July 1/10 by 2010 Bill 11, c. 6, ss. 26-27 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Civil Forfeiture Regulation (164/2006) July 1/10 by Reg 140/2010
Community Charter July 1/10 by 2010 Bill 11, c. 6, ss. 32, 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
July 30/10 by 2010 Bill 20, c. 21, s. 224 only (Reg 245/2010) Miscellaneous Statutes Amendment Act (No. 3), 2010
Education Mediation Regulation (250/2000) July 1/10 by Reg 165/2010
Elevating Devices Safety Regulation (101/2004) July 1/10 by Reg 105/2010
Freedom of Information and Protection of Privacy Act July 13/10 by Reg 231/2010
Francophone Education Authorities Regulation (212/99) July 1/10 by Reg 164/2010
Gaming Control Act July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch 7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Hotel Room Tax Act July 1/10 by 2010 Bill 9, c. 5, ss. 76-79 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act and by 2010 Bill 11, c. 6, ss. 53, 91(Sch1), 92(Sch2) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Hotel Room Tax Regulation (88/71) July 1/10 by Reg 219/2010
Local Government Act July 1/10 by 2010 Bill 11, c. 6, ss. 71, 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Parking Rights Tax Regulation (221/2010) NEW
July 1/10
see Reg 221/2010
School Calendar Regulation (114/2002) July 1/10 by Reg 173/2010
South Coast British Columbia Transportation Authority Act July 1/10 by 2010 Bill 19, c. 18, ss. 73, 75-77 only (in force by Royal Assent) Finance Statutes Amendment Act (No. 2), 2010
Transmission Corporation Act REPEALED
July 5/10
by 2010 Bill 17, c. 22, ss. 57 only (in force by Royal Assent) Clean Energy Act
Vancouver Charter July 1/10 by 2010 Bill 11, c. 6, ss. 86, 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
July 30/10 by 2010 Bill 20, c. 21, ss. 37-39 only (Reg 243/2010) Miscellaneous Statutes Amendment Act (No. 3), 2010
MISCELLANEOUS
Act or Regulation Affected Effective Date Amendment Information
Body Armour Control Act NEW
July 1/10
c. 24 [SBC 2009] 2009 Bill 16,  ss. 1-23 only (in force by Reg. 203/2010)
Body Armour Control Regulation (203/2010) NEW
July 1/10
see Reg 203/2010
Class Proceedings Act* July 1/10 by 2010 Bill 11, c. 6, ss. 28-29, 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Court Jurisdiction and Proceedings Transfer Act* July 1/10 by 2010 Bill 11, c. 6, s. 34 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Court of Appeal Act* July 1/10 by 2010 Bill 11, c. 6, s. 35 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Court of Appeal Rules (297/2001) July 1/10 by Reg 127/2010
Court Order Interest Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Court Rules Act* July 1/10 by 2010 Bill 11, c. 6, s. 42 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Crime Victim Assistance Act* July 1/10 by 2010 Bill 11, c. 6, s. 43, 94(Sch4) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Crown Franchise Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Crown Proceeding Act* July 1/10 by 2010 Bill 11, c. 6, s. 44 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Election Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Enforcement of Canadian Judgments and Decrees Act* July 1/10 by 2010 Bill 11, c. 6, s. 98(Sch8) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Haida Gwaii Reconciliation Act NEW
July 30/10
c. 17, [SBC 2010] 2010 Bill 18, s. 2 only in force by Reg 251/2010
Judicial Review Procedure Act* July 1/10 by 2010 Bill 11, c. 6, s. 62 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Jury Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Legal Profession Act* July 1/10 by 2010 Bill 11, c. 6, ss. 69, 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Libel and Slander Act* July 1/10 by 2010 Bill 11, c. 6, s. 95(Sch5) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Limitation Act* July 1/10 by 2010 Bill 11, c. 6, s. 70 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Official Reporters Regulation (222/84) July 1/10 by Reg 144/2010
Small Claims Rules (261/93) July 1/10 by Reg 146/2010
Subpoena (Interprovincial) Act* July 1/10 by 2010 Bill 11, c. 6, s. 82 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Supreme Court Act* July 1/10 by 2010 Bill 11, c. 6, s. 83 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Supreme Court Civil Rules (168/2009) NEW
July 1/10
see Reg 168/2009 (replaces Reg. 221/90) as amended by Reg 119/2010
July 30/10 by Reg 241/2010
Supreme Court Civil Rules (221/90) REPEALED
July 1/10
by Reg 168/2009
Supreme Court Family Rules (169/2009) NEW
July 1/10
see Reg 169/2009 as amended by Reg 119/2010
July 30/10 by Reg 241/2010
Unclaimed Property Act* July 1/10 by 2010 Bill 11, c. 6, s. 85 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
MOTOR VEHICLE AND TRAFFIC RELATED

Motor Vehicle and Traffic News:

B.C. garage accused of approving unsafe vehicles
Police in Victoria, B.C., are raising concerns about a garage that's allegedly handing out passing safety grades to commercial vehicles that have no business on the road. James Bay Service is now facing a government audit after police say it was caught giving defective commercial vehicles passing grade during mandatory safety testing. See the Full Story as reported by CTV News.

Commercial Vehicle Safety and Enforcement forms
The CVSE has published or revised the following forms in July:

  • Form T-59E - Conditions governing the operation of energy efficient motor vehicle combinations in British Columbia
  • Form T-59D - Conditions governing the operation of long combination vehicles in B.C. – LCV designated routing (Revised)
  • Form T-55 -To be used for movement of vehicles and loads in excess of 3.8 metres (12'6") in width and/or loads exceeding 31 m in overall length. (Revised)
  • Form T-55A -To be used for movement of mobile homes and modular buildings in excess of 3.8 metres in width and up to and including 4.4 metres and 28.5 metres overall length. (Revised)
  • Form T-30 - Approved Routes: For Operating an Extended Length Super B-Train with Maximum Overall Length to 27.5 M and Maximum Overall Height to 4.45M, Hauling Wood Chips and Mill Processed Wood Residual (Revised)

Policy change credited for drop in police-vehicle accidents
Vancouver police officers were involved in 105 fewer motor vehicle accidents in 2009 than in 2006, according to a senior police officer in the department's traffic section. Insp. Ted Schinbein said changes in policy for car chases, restrictions on cellphone use in cruisers and training likely attributed to the decrease in collisions to 250 in 2009 from 355 in 2006. Two years ago, the VPD changed its motor vehicle pursuit policy to restrict officers from chasing stolen cars. The change falls in line with provincial legislation to reduce accidents, injuries and deaths related to police chases. See the Full Story as reported by the Vancouver Sun.

Act or Regulation Affected Effective Date Amendment Information
Commercial Transport Act July 1/10 by 2010 Bill 9, c. 5, s. 173 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act
Insurance (Vehicle) Act* July 1/10 by 2010 Bill 11, c. 6, ss. 57-59 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Insurance (Vehicle) Regulation (447/83) July 1/10 by Reg 156/2010
Motor Fuel Tax Act July 1/10 by 2010 Bill 9, c. 5, ss. 184, 185, 187, 188 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act and by 2010 Bill 11, c. 6, ss. 74, 91(Sch1), 92(Sch2), 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Motor Fuel Tax Regulation (414/85) July 1/10 by Reg 216/2010
Motor Vehicle Act July 1/10 by 2010 Bill 9, c. 5, s. 189, 191 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act
July 28/10 by 2010 Bill 14, c. 14, ss. 7(a)&(b), 8 and 9 only (by Reg 236/2010) Motor Vehicle Amendment Act, 2010
July 30/10 by 2010 Bill 14, c. 14, ss. 4 and 15(a) only (by Reg 246/2010) Motor Vehicle Amendment Act, 2010
Motor Vehicle Act Regulations (26/58) July 30/10 by Reg 246/2010
Notice to Mediate Regulation (127/98) July 1/10 by Reg 155/2010
Offence Act* July 1/10 by 2010 Bill 11, c. 6, ss. 75, 97(Sch7), 98(Sch8) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Passenger Transportation Act July 30/10 by 2010 Bill 11, c. 6, ss. 177, 179-181, 183-186, 188 only (by Reg 247/2010) Miscellaneous Statutes Amendment Act (No. 2), 2010
Passenger Transportation Regulation (266/2004) July 30/10 by Reg 247/2010
Snowmobile Regulation (65/72) July 1/10 by Reg 216/2010
Transportation Act July 1/10 by 2010 Bill 9, c. 5, s. 204 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act and by 2010 Bill 11, c. 6, s. 84 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
July 30/10 by 2010 Bill 20, c. 21, ss. 241 to 244 only (Reg 245/2010) Miscellaneous Statutes Amendment Act (No. 3), 2010
Violation Ticket Administration and Fines Regulation (89/97) July 1/10 by Reg 199/2010
REAL ESTATE & BUILDERS LIEN RELATED

Real Estate and Builders Lien News:

Government introduces greater flexibility in renting
Prospective strata-property owners will soon be faced with the dilemma of trying to decide whether to buy a home in a new building where there may be no rental restrictions or one that was built before Jan. 1, 2010 and already has restrictions in place or could have at any time. When the government amended the Strata Property Act last year, one of the things it changed was the ability of new strata corporations to pass bylaws that prevent owners from renting their units. Until this year, a strata corporation could make a rule forbidding owners from renting their units to anyone other than family members. Even if someone bought into a building where rentals had once been allowed, that could change almost overnight by a three-quarter vote of strata owners. See the Full Article as reported by the Vancouver Sun.

Act or Regulation Affected Effective Date Amendment Information
Builders Lien Act* July 1/10 by 2010 Bill 11, c. 6, ss. 23, 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Building Officials' Association Act* July 1/10 by 2010 Bill 11, c. 6, ss. 24, 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Commercial Tenancy Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Compensation Action Procedure Rule Regulation (100/2005) July 1/10 by Reg 105/2010
Court Order Enforcement Act* July 1/10 by 2010 Bill 11, c. 6, ss. 36-41, 94(Sch4), 96(Sch6), 98(Sch8) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Fraudulent Preference Act* July 1/10 by 2010 Bill 11, c. 6, s. 96(Sch6) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Land Title Act July 1/10 by 2010 Bill 11, c. 6, ss. 63-67, 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
July 30/10 by 2010 Bill 20, c. 21, s. 226 only (Reg 245/2010) Miscellaneous Statutes Amendment Act (No. 3), 2010
Land Title Act Regulation (334/79) July 1/10 by Reg 158/2010
Land Title Inquiry Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Manufactured Home Park Tenancy Act July 1/10 by 2010 Bill 11, c. 6, s. 72 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Notice to Mediate (Residential Construction) Regulation (152/99) July 1/10 by Reg 154/2010
Personal Property Security Act July 1/10 by 2010 Bill 9, c. 5, s. 194 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act
Property Law Act* July 1/10 by 2010 Bill 11, c. 6, s. 76 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Property Transfer Tax Act* July 1/10 by 2010 Bill 11, c. 6, s. 91(Sch1), 93(Sch3) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Residential Tenancy Act July 1/10 by 2010 Bill 11, c. 6, s. 78 only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
Strata Property Act* July 1/10 by 2010 Bill 11, c. 6, s. 97(Sch7) only (in force by Royal Assent) Miscellaneous Statutes Amendment Act (No. 2), 2010
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