Energy and Mines News:

AMEBC submits recommendations re: changes to Mineral Tenure Act Regulation
The AMEBC recently submitted to the Ministry of Forest, Mines and Land a letter outlining a number of recommendations regarding the government's proposed changes to the Mineral Tenure Act Regulation. See the letter and recommendations as posted by the Association for Mineral Exploration British Columbia.

Foreign investment review in Canada after Potash deal collapses
New guidance is expected from the federal government following BHP Billiton's withdrawal on November 14, 2010 of its offer to acquire Potash Corporation of Saskatchewan Inc.

The offer, which was announced on August 18, 2010, was conditional upon, among other things, receipt of regulatory approval under the Investment Canada Act. BHP Billiton received an interim decision from the Minister of Industry on November 3, 2010, indicating that, at that time, the Minister was not satisfied that the proposed transaction was "likely to be of net benefit to Canada" – the statutory test for approval under the Investment Canada Act. See the full article as posted by the Competition, Antitrust & Foreign Investment Group at Blakes.

Family, Wills and Estates News:

B.C. Law Institute releases report on new Probate Rules
Probate Rules concerns reform of the rules of court relating to probate and administration of estates in British Columbia. It is a necessary sequel to the Succession Law Reform Project which BCLI completed in 2006. See the full report as posted by the B.C. Law Institute.

Exact definition of "polygamy" in question
The British Columbia and federal governments recently disagreed on the exact definition of polygamy, with the province suggesting the law against multiple marriage doesn't apply to women with more than one husband and Ottawa insisting that it does.

The two levels of government each brushed aside the discrepancy, suggesting it makes little difference in assessing whether the law violates the religious freedoms of the polygamous community in Bountiful, B.C. See the full story as posted by CTV News.

Man's son-only will overturned, assets shared with four daughters
A B.C. Supreme Court judge has ordered a man to split his late father's estate, despite the fact the patriarch chose to leave his four daughters out of his will.

Such cases are becoming more and more common in B.C., which legal experts say is the most "plaintiff friendly" province in Canada for spouses and children who have been disinherited.

Judge Wong said under the province's Wills Variation Act, Mr. Werbenuk did not take "contemporary moral standards" into account when he excluded his four daughters. The judge said the women attempted to have relationships with their father, despite his harsh treatment, but it was clear he favoured his son. See the full story as posted by the Globe and Mail.

Forest and Environment News:

B.C. Hydro to invest in Harmac Pulp Mill upgrade
Nanaimo's Harmac pulp mill will receive another infusion of capital that will see huge energy and cost savings at the Duke Point facility. B.C. Hydro will contribute toward a $1.1-million project to modernize Harmac's vacuum pump system. The amount of the Crown corporation's investment is expected to cover at least half the cost of the project. See the full story as posted by the Nanaimo Daily News.

City of Surrey adopts Wood First policy
The City of Surrey has become the first city in Metro Vancouver and the largest centre in British Columbia to adopt a Wood First policy, which demonstrates the City's commitment to consider using wood in all new City-funded capital projects.

The Wood First policy encourages the use of wood as a building material in the construction of City-funded capital projects, where it is economically competitive and functional, including new buildings and major additions. It promotes the use of climate-friendly construction practices and materials, and is consistent with the B.C. Building Code and the Provincial Wood First Act. See the news release.

Riparian Area Regulations Reviewed
The Supreme Court of British Columbia recently released the first decision of that court to consider the Riparian Area Regulations ("RAR") under the Fish Protection Act (British Columbia). Staples McDannold Stewart has posted an interesting article on that court decision. See the article.

Health News:

Canada to announce world's toughest lead
regulations for children's products
The federal government is introducing the most stringent rules in the world to effectively ban lead from toys for young children and other products that kids put in their mouths.

The new regulations, to be published before the end of the year, will limit the lead content in toys intended for children under three years of age to 0.009 per cent. The same limit will be applied to products, other than kitchen utensils, that come into contact with the mouth, such as soothers, baby bibs, straws and drinking spouts. This will put Canada ahead of other countries. See the full story as posted by the Vancouver Sun.

B.C. company hopes to market apples
that don't turn brown when sliced
A B.C. biotechnology company is entering the final stages of an application to the United States to market a genetically modified apple that does not turn brown when sliced. The technology employed by Okanagan Specialty Fruits inhibits browning of apple flesh by turning off a gene that produces the enzyme polyphenol oxidase, according to company president Neal Carter, an orchardist in the Okanagan since 1995. See the full story as posted by the Vancouver Sun.

Labour, Company and Finance News:

Group advocates anti-bullying legislation for the workplace
An initiative, spearheaded by an ad hoc group of professionals, including psychologists, mediators and lawyers, among others, is underway to enact legislation in the province specifically aimed at eliminating workplace bullying.

Robyn Durling, spokesman for BullyFreeBC, said the legislation is necessary because currently existing legal avenues in the province have proven insufficient to curb the problem.

The human rights code, for instance, requires a bullying victim prove the harassment was based on a recognized area of discrimination.

Non-unionized workers, meanwhile, who don't have the protection of a collective agreement, have little option to fight workplace harassment beyond quitting their jobs and suing for wrongful dismissal. See the full story as posted by the Vancouver Sun.

New report published on workplace dispute resolution
In May 2010 the Ministry of Labour asked the BCLI to conduct a short, focused, comparative legal research project on workplace dispute resolution. The BCLI report, which has now been published, involved an international review of existing legal frameworks for resolving workplace conflicts arising out of unionized and non-unionized working environments. See the full report as posted by the BC Law Reform Group.

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

Local Government News:

Stimulus projects get 7 more months to wrap
The federal government has heeded concerns from some municipalities that crucial stimulus projects won't be done on time to receive matching funds, and is extending the Economic Action Plan's deadline by seven months.

The seven-month extension to Oct. 31, 2011, gives municipalities an extra construction season to complete projects. Only projects that have started and incurred costs by March 31 will be eligible for the extension. See the full story as posted by CBC News.

City of Surrey adopts Wood First policy
The City of Surrey has become the first city in Metro Vancouver and the largest centre in British Columbia to adopt a Wood First policy, which demonstrates the City's commitment to consider using wood in all new City-funded capital projects.

The Wood First policy encourages the use of wood as a building material in the construction of City-funded capital projects, where it is economically competitive and functional, including new buildings and major additions. It promotes the use of climate-friendly construction practices and materials, and is consistent with the B.C. Building Code and the Provincial Wood First Act. See the news release.

LoGo Notebook and Client Bulletin
Staples McDannold Stewart has posted the Fall 2010 issue of their LoGo NoteBook which includes the article "Tendering Law: Mandatory Means Mandatory" plus information on vicious dogs and recent court decisions, including one regarding the Riparian Area Regulations. See the LoGo Notebook. In addition, a Client Bulletin entitled "New Supreme Court Rules – What Everybody in Local Government Needs to Know" has been posted. See client bulletin.

Motor Vehicle and Traffic News:

Police in B.C. re-calibrating handheld breathalyzer devices
Victoria Police Chief Jamie Graham, head of traffic safety for the British Columbia Association of Chiefs of Police said evidence given to him by the RCMP crime lab shows that the calibration on some breathalyzers could be off by as high as one per cent.

Police are therefore re-calibrating thousands of handheld breathalyzer devices from .05 to .06 in hopes of removing any doubt about the accuracy of their readings.

Supt. Warren Lemcke said drivers caught blowing between .05 and .08 during the transition will be given a break, but the devices were expected to be back on the streets in time for the launch of provincial Christmas Counter Attack programs on Dec. 1. See the full story as posted by CTV News.

Changes to Commercial Transport Regulations
The amendments are intended to improve harmonization across Canada, support the use of super single tires, and improve clarity and consistency within the regulations. The amendments to the CTR are as follows:

• The term "axle width" is replaced with "axle track width" throughout the Regulations;
• The definition of "axle track width" is amended to clarify that the measurement is to be taken above the lowest point of the rim;
• Additional model years of trailers are permitted a narrower axle track width when retrofitted with super single tires. Trailers manufactured before January 1, 2010 that are retrofitted with super single tires may have a minimum axle track width of 2.3 m. All trailers manufactured after December 31, 2009 must have a minimum axle track width of 2.5 m.
• To clarify the maximum gross vehicle weight for logging trucks is 63,500 kg;
• To clarify that a vehicle combination may exceed 38,000 kg without an overload permit if the towing vehicle has a tandem or a tridem drive axle.

Additionally, amendments have been made to the Violation Ticket Administration and Fines Regulation to ensure consistency with the wording used in the CTR and to correct the description of CVSE inspectors. See Circular 12-10.

Real Estate and Builders Lien News:

Privacy and the strata corporation
In this publication Shawn Smith of Cleveland Doan LLP helps to clarify how the Personal Information and Protection Act (PIPA) applies to all "organizations" but not to the actions of private individuals in the context of a strata corporation. The article emphasizes why it is important for strata corporations to familiarize themselves with the PIPA just as much as they do with the Strata Property Act. See the report as posted by the Vancouver Island Strata Owners Association.

Real Estate Investment Trusts will have a tax advantage in 2011
Four years ago the federal government announced that publicly traded income trusts, which provide big tax advantages over traditional corporations, would lose that edge by the end of 2010.

The market reaction was swift and terrible, erasing $25 billion from the market value of income trusts and raising a cacophony of anger from investors who had put many of their eggs in the income trust basket.

But one type of income trust was mostly spared by Ottawa: the Real Estate Investment Trust, or REIT. With the approach of the Dec. 31 deadline for other income trusts to lose their tax advantage, REITs are poised to become a popular investment option, especially for aging baby boomers looking for high-yield investments to fund their retirement. See the full story as posted by the Vancouver Sun.