Energy and Mines News:

Oil and Gas Activities Act and regulations
On October 4, 2010, the Oil and Gas Activities Act (as amended by 2010 Bill 8, c. 9) and a number of new industry regulations came into effect to protect the environment while supporting growth in the petroleum and natural-gas sector. With the formal implementation of the new Act, the old regulatory framework – including the Pipeline Act, the Oil and Gas Commission Act and provisions of the Petroleum and Natural Gas Act – were officially repealed. The act calls for more consistent environmental guidelines and standards and gives stakeholders such as landowners and First Nations a chance to have input, the release stated. New consultation and notification requirements will help ensure their concerns are considered by industry operators. Quickscribe has posted the new Oil and Gas Activities Act and is working to post the extensive new regulations as quickly as possible. More details will be included in next month's Reporter. See the news story as posted by the Vancouver Sun.

BC Hydro supports Howe Sound Pulp and Paper's
energy efficiency and clean power generation plans
Howe Sound Pulp and Paper and BC Hydro have reached an agreement under BC Hydro's Integrated Power Offer that will not only reduce the mill's electricity consumption, but also enable the mill to sell surplus clean electricity to BC Hydro, the companies recently announced. The energy-efficiency upgrades will enable the mill to save approximately 65 gigawatt hours of electricity every year. See the press release as posted by BC Hydro.

Family, Wills and Estates News:

Multiple-marriage advocate tests
the waters on polygamy law
John Ince, who represents the Canadian Polyamory Advocacy Association, told BC's Supreme Court earlier this month that polygamy is based on a patriarchal system, while polyamorous relationships are consensual.

He is asking the attorneys-general of BC and Canada to decide where polyamorous people stand compared with those practising polygamy, saying about 0.5 per cent of people across the country are part of polyamorous relationships. See the news story as posted by the Globe and Mail.

Financial support for parents a growing issue
In a pending case before the British Columbia Supreme Court, 71 year old Shirley Anderson is seeking parental support from her children, including her son Ken. Reportedly, Ken Anderson, age 46, last saw his mother 10 years ago and has seen her about 10 times since his parents moved from Osoyoos when he was age 15, leaving him behind. Shirley, who never worked, now has significant financial difficulties and seeks to impose legal liability on her children to contribute to her support pursuant to the British Columbia Family Relations Act. See the Family Law blog entry by Lisa Slater of Davis LLP.

Forest and Environment News:

Oil and Gas Activities Act and regulations
On October 4, 2010, the Oil and Gas Activities Act(as amended by 2010 Bill 8, c. 9)and a number of new industry regulations came into effect to protect the environment while supporting growth in the petroleum and natural-gas sector. With the formal implementation of the new Act, the old regulatory framework – including the Pipeline Act, the Oil and Gas Commission Act and provisions of the Petroleum and Natural Gas Act – will be officially repealed. The act calls for more consistent environmental guidelines and standards and gives stakeholders such as landowners and First Nations a chance to have input, the release stated. New consultation and notification requirements will help ensure their concerns are considered by industry operators. Quickscribe has posted the new Oil and Gas Activities Act and is working to post the extensive new regulations as quickly as possible. More details will be included in next month's Reporter. See the news story as posted by the Vancouver Sun.

New Code of Practice for Industrial Non-Hazardous
Waste Landfills Incidental to the Wood Processing
Industry enacted
The Code of Practice for Industrial Non-Hazardous Waste Landfills Incidental to the Wood Processing Industry (B.C. Reg. 263/2010) (Code) has been enacted under the Environmental Management Act (EMA). The Code establishes province-wide standards for the discharge of wood waste to industrial non-hazardous waste landfill sites. All new wood waste landfills, as well as existing wood waste landfills currently authorized by permit that require significant expansion, are required to comply with all relevant provisions of EMA, the Waste Discharge Regulation (WDR) and this Code of Practice. Specifically, EMA prohibits the introduction of waste into the environment "in such a manner or quantity as to cause pollution". This Code is accessible via your Quickscribe Online service. Also see the Ministry of Environment website.

Report part of attempt to bring BC's water laws into the 21st century
The Water Act Modernization Report on Engagement summarizes months of public input into water planning and decision-making as BC responds to the impacts of climate change, population growth and increasing demands on the province's fresh water supply. First Nations organizations, stakeholder groups and individual British Columbians responded with nearly 1,000 submissions to the ministry's call for public input, and about 600 people attended workshops across the province earlier this year. Their input will inform how the B.C. government takes action on the four key goals of modernizing BC's Water Act:

• Protecting stream health and aquatic environments
• Improving water governance
• Increasing flexibility and efficiency in the water allocation system
• Regulating ground water use in priority areas and for large withdrawals

See the news story as posted by the Keremeos Review.

Report calls for BC endangered-species law
BC has a "a patchwork of laws and policies" that is ineffective in protecting more than 1,900 species at risk, a coalition of prominent environmental groups says in a report released recently.

"About 40 percent of species in BC are at risk," Michelle Connolly, a biologist with the David Suzuki Foundation, told The Province. "This is troubling because we still don't have an endangered species law," said Connolly, a co-author of the report, titled On the Edge: British Columbia's Unprotected Transboundary Species.

The David Suzuki Foundation, Ecojustice and Washington-based Conservation Northwest collaborated on the report. See the news story as posted by the Province.

Health News:

Canadian pediatricians recommend rotavirus vaccination
Pediatricians want to add another shot to the panoply of vaccines Canadian children receive, urging that every baby in the country be vaccinated against a virus that sends thousands of children to hospital each year, and that the vaccines be universally funded.

Rotavirus is the leading cause of gastroenteritis – inflammation of the stomach and intestines causing diarrhea and vomiting – in infants in Canada. The virus, which is highly contagious, can cause dehydration and shock in extreme cases. Infants under two are at the greatest risk for severe infection. See the news story as posted by the Vancouver Sun.

Labour, Company and Finance News:

Mayors, labour group push BC to raise minimum wage
The B.C. Federation of Labour along with 20 mayors is asking the provincial government to raise the minimum wage from $8 to $10.

The mayors, including Vancouver Mayor Gregor Robertson and Burnaby Mayor Derek Corrigan, have signed a joint letter with B.C. Federation of Labour president Jim Sinclair which will be sent to Premier Gordon Campbell.

At present BC has the lowest minimum wage in Canada. The next lowest is Prince Edward Island with a minimum wage of $8.70 an hour. Ontario has the highest at $10.25. The mayors also want the government to get rid of the 500-hour training wage which is set at $6 an hour. See the news story as posted by the Vancouver Sun.

Changes to Financial Reporting Standards for Private Companies
Canadian private enterprises that currently prepare financial statements in accordance with Canadian generally accepted accounting principles ("GAAP") have a choice to make in terms of the accounting standards to be applied in preparing their financial statements come January 1, 2011. In addition, private companies that have not been preparing financial statements in accordance with GAAP because of cost, effort or disclosure considerations, may now decide to start preparing financials in accordance with the new standards as the new standards are, in many ways, simpler and less onerous under New Canadian GAAP Private Enterprises ("PE GAAP"). See the full article by Aaron Singer and Pratibha Sharma from Clark Wilson.

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

Local Government News:

Report part of attempt to bring BC's water laws into the 21st century
The Water Act Modernization Report on Engagement summarizes months of public input into water planning and decision-making as BC responds to the impacts of climate change, population growth and increasing demands on the province's fresh water supply. First Nations organizations, stakeholder groups and individual British Columbians responded with nearly 1,000 submissions to the ministry's call for public input, and about 600 people attended workshops across the province earlier this year. Their input will inform how the B.C. government takes action on the four key goals of modernizing BC's Water Act:

• Protecting stream health and aquatic environments
• Improving water governance
• Increasing flexibility and efficiency in the water allocation system
• Regulating ground water use in priority areas and for large withdrawals

See the news story as posted by the Keremeos Review.

Interest rate regulation for 6 month period
beginning October 1, 2010
The Interest Rate Regulation sets the interest rate to be charged on residential property taxes deferred under the Land Tax Deferment Act. For the 6-month period beginning October 1, 2010, the interest rate is set at 0.5% a year for the regular Property Tax Deferment Program and at 2.5% a year for the Financial Hardship Property Tax Deferment Program and the Property Tax Deferment Program for Families With Children.

New legislation addresses the installation
of surveillance cameras in schools
Section 74.01 of the School Act was recently added to address the circumstances where a school board may add surveillance in a school facility. See below for amendment information.

BC municipal politicians vote to keep three-year election terms
Municipal politicians voted overwhelmingly to stick to three-year election cycles. The decision at the annual Union of B.C. Municipalities convention overturns a resolution made three years ago to go four-year cycles.

It also calls into doubt the future of plans by the provincial government to introduce municipal election reform legislation. The early-morning paper ballot vote came after a divisive debate along urban-rural lines that descended into procedural wrangling as small-town mayors and councillors fought against a proposal from big-city politicians to extend the election cycle by a year. See the full story as posted by the Vancouver Sun.

LoGo Notebook and Client Bulletin
Staples McDannold Stewart has posted the Summer 2010 issue of their LoGo NoteBook which includes an article entitled "Federal Payments in Lieu of Taxes Must Be Reasonable" among others. See the LoGo Notebook.

Miscellaneous News:

Consultation on reforming the Limitation Act
A final consultation on reforming British Columbia's Limitation Act recently started with the publishing of a white paper inviting public comments.

The current act, which sets out time periods for people to sue within the civil justice system, became law in 1975 and has not been significantly changed since. Proposed changes are expected to provide greater balance between the needs of people starting a civil lawsuit to have access to the civil justice system and creating certainty and predictability for those named in the lawsuit. See the information bulletin.

Roles of paralegals and articled students to be expanded
In order to enhance the public's access to competent and affordable legal services, the Benchers have approved a plan to increase the roles that paralegals and articled students can perform under the supervision of a lawyer.

The recommendations came from the Delivery of Legal Services Task Force, which is chaired by Art Vertlieb, QC. See the full article as posted by the Law Society of BC.

Motor Vehicle and Traffic News:

BC cops put the brakes on nearly 275
motorists under new drunk-driving laws
Nearly 275 drivers either lost their right to drive temporarily or had their cars impounded – or both – during the first week that BC's new drunk-driving laws were in effect.

Between Sept. 20, when the laws took effect, and Sept. 27, 164 drivers either had blood-alcohol levels of 0.08 or refused to give a breath sample, and so were handed immediate 90-day suspensions and had their cars impounded for 30 days, provincial officials said.

Another 109 drivers, who landed in the warning range of between 0.05 and 0.08, were banned from taking the wheel for three days. All but six of those had their car impounded, too. See the news story as posted by the Province

Commercial Vehicle Safety and Enforcement news
For the latest information from the CVSE, see What's New. Of particular interest are:

• Diesel Retrofit Requirement (see Circular 07-10)
  To advise that on October 1, 2010, the Motor Vehicle Act Regulation Division 40B – Heavy Vehicle Diesel Emission Control Device – came into effect. This regulation will require certain heavy duty diesel vehicles of the model years 1989-1993 with a Licensed Gross Vehicle Weight Rating (LGVW) more than 8,200 kg, be retrofitted with emissions reduction devices. Note that many of the required emission control components are currently unavailable for delivery to product dealers or are on back order and may not be available for installation yet.
• Form T-69A
  To be used for the transportation of vehicles/loads in excess of 4.4 metres width up to and including 5.0 metres, loads up to 4.88 metres in height and vehicles/loads up to 31.5 metres overall length.

Real Estate and Builders Lien News:

Interest rate regulation for 6 month period
beginning October 1, 2010
The Interest Rate Regulation sets the interest rate to be charged on residential property taxes deferred under the Land Tax Deferment Act. For the 6-month period beginning October 1, 2010, the interest rate is set at 0.5% a year for the regular Property Tax Deferment Program and at 2.5% a year for the Financial Hardship Property Tax Deferment Program and the Property Tax Deferment Program for Families With Children.

Mortgage Advances – Who Has Priority?
In today's challenging credit market, it is not uncommon for a borrower to look to more than one lender to meet its financing needs, which usually means that the borrower will be required to grant security to multiple lenders in the same property.

In British Columbia, absent any other arrangement between mortgage lenders, in multiple mortgage transactions involving a single advance of funds by each mortgage lender, the priority of the mortgage lenders is straightforward as, pursuant to the Land Title Act, priority is generally based on the date and time the respective applications for registration of the mortgages were received by the registrar. See the full article by Jyotika Reddy of Blakes.