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Vol: X  –  Issue: I  –  January 2011

QUICKSCRIBE NEWS:

House Set to Resume February 14
The Legislature is scheduled to sit on February 14, 2011 and the finance minister is slated to bring down the 2011 budget the next day. However, it isn't until Feb. 26 that the B.C. Liberal party will elect a successor to Gordon Campbell. Normally, the new premier's first task would be to lay out a set of priorities and make sure the budget conforms. But the government's hands are tied. When the Liberals came to power in 2001, they passed legislation setting the third Tuesday in February as the date for the budget. See the Full Story as posted by the Times Colonist.

New BC Legislative Digest Update
A quick update to inform you that work is progressing nicely on our new BC Legislative Digest project, outlined in the previous reporter. We hope to have a working beta version available when the House sits next week. A special notice will likely be sent out once the new features go live.

RSS Feed Date Expanded
In preparation for our new Email alert service, our existing RSS feeds were expanded to account for Bills that were introduced more than 6 months ago. As a result of this adjustment, clients who had previously signed up to our RSS Bill Tracker may have received a series of new alerts displaying references to 2010 Bills.

Find Act/Regulation Search Improved
The left navigation Find Act/Regulation search feature was recently tweaked so that search queries are now more forgiving. Commas and brackets are now ignored. For example, in the past if you typed in "Child Family and Community…" instead of "Child, Family and Community…" (without the comma) the reference would not show up in the results. Expect to see an auto-populate feature added shortly. Thanks to our good friends at BCCL for making this suggestion.

Definitions Sorting Issue Resolved
Due to a recent technical issue the definitions sections in various Acts/regulations were not displaying in their normal alphabetical order. This was isolated to a small number of documents and the issue has been resolved. We apologize for any inconvenience this may have caused.


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FEDERAL LEGISLATION — For notification of federal amendments, we recommend you use our RSS feed.

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CATEGORIES
 

ENERGY & MINES

Energy and Mines News:

Mining and Aboriginal Communities
Pierre Grattan, president and C&O of the Mining Association of BC recently gave a speech at the BC Natural Resources Forum. In the speech Mr. Grattan highlights a number of things that can be done by industry, Aboriginal communities and governments in order to forge a stronger and healthier working relationship in this sector. See the entire speech.

BC Hydro Revises Standing Offer Program (SOP)
Following a two year review of the Standing Offer Program (SOP), BC Hydro has revised the SOP in key areas related to eligibility, pricing, interconnections, EPA terms and the general SOP process. The SOP, launched in 2008 was intended to encourage the development of small and clean or renewable energy projects throughout British Columbia. The SOP pricing has been increased between 14% and 29%, depending upon the location of the project. BC Hydro estimates that the new pricing will attract a cumulative total of approximately 1,000 gigawatt hours (GWh) per year of energy over two years under the SOP. BC Hydro currently has approximately 190 GWh/year of energy under contract from the SOP. See the Full Article as posted by the Climate Change Law Practice Group of Davis LLP.

Act or Regulation Affected Effective Date Amendment Information
Prescribed Roads Regulation (8/2011) NEW
Jan. 27/11
see Reg 8/2011
FAMILY, WILLS & ESTATES

Family, Wills and Estates News:

Young Parents Get Child-Care Subsidy Boost
It's not easy being a young parent, especially if you're trying to complete your secondary school education. But thanks to a $150 increase in the monthly subsidy rate to B.C.'s Young Parent Programs, these young adults will now have a greater opportunity to receive their high school diploma and create a better future for themselves and their children. See the News Release.

New Incapacity Planning Legislation Coming this September
Legislation giving adults more options when making their own plans in the event of incapacity comes into force Sept. 1 it was recently announced. Incapacity (or personal) planning provisions are part of the Adult Guardianship and Planning Statutes Amendment Act, 2007. The act will be phased in, with other changes such as those related to adult abuse and neglect and health care consent legislation, taking effect at the same time. Adult guardianship provisions are not included in this phase. The new incapacity planning legislation will provide simple, cost-effective planning options through advance directives, enduring powers of attorney and representation agreements. See the News Release.

The Ins and Outs of Separation
A "section 57 declaration" is a judicial declaration, pursuant to s. 57 of the Family Relations Act, that a married couple have "no reasonable prospect of reconciliation with each other" and is often made when a couple have started a legal action. This sort of declaration probably seems a bit pointless, and it would be completely pointless except for s. 56 of the Act. For further details, see the Full Article as posted by JP Boyd's BC Family Law Resource.

Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
FOREST AND ENVIRONMENT

Forest and Environment News:

Softwood Lumber Dispute Heats Up Over Salvage Timber
The softwood lumber dispute is the longest-running and most significant dispute in the otherwise peaceful relationship between Canada and the United States. At issue this time is the way the province prices timber killed by the mountain pine beetle. The U.S. alleges that sawmills are using timber that has been classified as Grade 4 salvage timber and getting a sizable amount of lumber out of the log, more than should be the case. It doesn't matter how the companies have done it, if they are getting a better yield of lumber out of the log, then it is obviously not a salvage log in the first place. See the Full Story as posted by the Vancouver Sun.

$1.2-Million Program Will Boost First Nations Forestry
$1.2 million in federal-provincial funding for the First Nations Forest Sector Technical Support Program will help First Nations with economic development in the forest and wood products industries, it was recently announced. The Technical Support Program will help First Nations groups develop new and existing forest-related businesses. See the News Release.

Zero Net Deforestation – Draft Discussion Paper
The BC Ministry of Forests, Mines and Lands has recently released its draft Proposed (Zero Net Deforestation) Implementation Plan which provides objectives, guiding principles and actions to meet the Province's goal of zero net deforestation (ZND) by 2015. While the draft is meant to be for discussion purposes only, it is expected to provide the basis of an implementation plan which is expected to be developed by the spring of 2011. The Plan is the next step in the Province's process for implementing the objectives of the Zero Net Deforestation Act which achieved Royal Assent on June 3rd 2010 but has not yet come into force. The Act defines deforestation, provides for reporting on net deforestation and allows for regulations establishing: the timing, form and content of reports and records; scientifically-based methodology for calculating deforestation and afforestation and other matters. See the Draft Plan.

Act or Regulation Affected Effective Date Amendment Information
Antifreeze Regulation (142/2009) NEW
Jan. 1/11
see Reg 142/2009
BC Parks Recreation User Fees Regulation (136/2009) Jan. 1/11 by Reg 378/2010
Cut Control Regulation (578/2004) Jan. 1/11 by Reg 363/2010
Environmental Management Act Jan. 1/11 by 2010 Bill 11, c. 6, ss. 102 and 103 only Miscellaneous Statutes Amendment Act (No. 2), 2010
Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act Jan. 1/11 see 2008 Bill 16, c. 16, ss. 8, 10, 11(3) and (4) now in force (Reg 338/2010) as amended by 2010 Bill 20, Miscellaneous Statutes Amendment Act (No. 3), 2010
Occupational Health and Safety Regulation (296/97) Feb. 1/11 by Reg 312/2010
Ootsa Lake Beehive Burner Regulation (142/2001) REPEALED
Jan. 13/11
by Reg 1/2011
Rebate of Waste Management Fees Regulation (267/2000) REPEALED
Jan. 13/11
by Reg 1/2011
Renewable and Low Carbon Fuel Requirements Regulation (394/2008) Jan. 1/11 by Reg 338/2010
Wood Residue Burner and Incinerator Regulation (519/95) Jan. 13/11 by Reg 1/2011
HEALTH

Health News:

New Regulations Ban Chemicals in Toys
Canadian retailers will have until June to get rid of products, including children's soft vinyl toys, containing a toxic chemical that can be harmful to kids it was recently announced. The new regulations, to take effect at the end of spring, take aim at six phthalates, a family of chemicals known to cause reproductive harm and commonly used to make vinyl plastic soft and flexible. The additive will no longer be permitted to be used in a slew of items that are designed or are likely to be put in the mouths of children under four. These include bath toys, squeeze or inflatable toys, teethers, rattles and vinyl bibs. See the Full Story as posted by canada.com.

Food chains fail to meet self-declared fat content limits
As public-health advocates and legislators push chain restaurants to post nutrition information on menu boards so customers can get nutritional data before ordering, the results beg the question: can consumers trust what the companies tell them? The answer, in short, is no. Are more stringent reporting regulations required? See the Full Story as posted by canada.com.

Act or Regulation Affected Effective Date Amendment Information
Access to PharmaNet Regulation (117/2009) Feb. 1/11 by Reg 169/2010
Drug Schedules Regulation (9/98) Jan. 13/11 by Reg 2/2011
Emergency Medical Assistants Regulation (210/2010) Jan. 17/11 by Reg 3/2011
Health Care Consent Regulation (20/2000) Feb. 1/11 by Reg 169/2010
Hospital District Act Jan. 1/11 by 2010 Bill 11, c. 6, s. 106 only, Miscellaneous Statutes Amendment Act (No. 2), 2010
Medical and Health Care Services Regulation (426/97) Jan. 1/11 by Reg 273/2010
Pharmacists Regulation (417/2008) Jan. 1/11 by Reg 211/2010
Podiatrists Act REPEALED
Feb. 1/11
by 2003 Bill 62, c. 57, s. 58(g) only, (Reg 169/2010) Health Professions Amendment Act, 2003
Podiatrists Regulation (214/2010) Feb. 1/11 ss. 3-5 & 7 added, see Reg 214/2010
LABOUR, COMPANY & FINANCE

Labour, Company and Finance News:

Employee Resignation vs Firing in the View of the Courts
An underperforming employee is disciplined, warned and finally, resigns, to avoid a firing on their record. What satisfaction often accompanies these words: "I accept your resignation. " But are all such resignations valid? See the Full Story as posted by the Vancouver Sun.

Act or Regulation Affected Effective Date Amendment Information
Approved Plan Regulation (143/2005) Feb. 1/11 by Reg 169/2010
College Pension Plan Regulation (95/2000) Jan. 1/11 by Reg 226/2010
Consumption Tax Rebate and Transition Regulation (113/2010) Jan. 1/11 by Reg 215/2010
Employment and Assistance for Persons with Disabilities Regulation (265/2002) Feb. 1/11 by Reg 169/2010
Employment and Assistance Regulation (263/2002) Feb. 1/11 by Reg 169/2010
Employment Standards Regulation (396/95) Feb. 1/11 by Reg 169/2010
Income Tax Act Jan. 1/11 by 2009 Bill 2, c. 4, s. 22 only Budget Measures Implementation Act, 2009
Multilateral Instrument 11-102 Passport System (58/2008) Jan. 1/11 by Reg 383/2010
Multilateral Instrument 62-104 - Take-Over Bids and Issuer Bids (21/2008) Jan. 1/11 by Reg 383/2010
National Instrument 13-101: System for Electronic Document Analysis and Retrieval (SEDAR) (378/96) Jan. 1/11 by Regs 383/2010 and 385/2010
National Instrument 14-101: Definitions (48/97) Jan. 1/11 by Reg 382/2010
National Instrument 21-101: Marketplace Operation (251/2001) Jan. 1/11 by Reg 383/2010
National Instrument 23-101: Trading Rules (252/2001) Feb. 1/11 by Reg 31/2010
National Instrument 31-103: Registration Requirements and Exemptions (226A/2009) Jan. 1/11 by Reg 382/2010
National  Instrument 33-109: Registration Information (226B/2009) Jan. 1/11 by Reg 382/2010
National Instrument 41-101: General Prospectus Requirements (59/2008) Dec. 30/10 by Reg 380/2010 
Jan. 1/11 by Reg 382/2010
National Instrument 44-101: Short Form Prospectus Distributions (370/2005) Jan. 1/11 by Reg 382/2010
National Instrument 44-102: Shelf Distributions (425/2000) Jan. 1/11 by Reg 382/2010
National Instrument 45-106 Prospectus and Registration Exemptions (227/2009) Jan. 1/11 by Reg 382/2010
National Instrument 51-101 Standards of Disclosure for Oil and Gas Activities (342/2003) Dec. 30/10 by Reg 380/2010
National Instrument 52-109: Certification of Disclosure in Issuers' Annual and Interim Filings (327/2008) Jan. 1/11 by Reg 382/2010
National Instrument 52-110 Audit Committees (57/2008) Jan. 1/11 by Reg 383/2010
National Instrument 54-101: Communication with Beneficial Owners of Securities of a Reporting Issuer (154/2002) Jan. 1/11 by Reg 383/2010
National Instrument 81-101: Mutual Fund Prospectus Disclosure (1/2000) Jan. 1/11 by Reg 384/2010
National Instrument 81-102: Mutual Funds (2/2000) Jan. 1/11 by Reg 385/2010
National Instrument 81-106: Investment Fund Continuous Disclosure (218/2005) Jan. 1/11 by Reg 385/2010
Occupational Health and Safety Regulation (296/97) Feb. 1/11 by Reg 312/2010
Securities Act Jan. 1/11 by 2010 Bill 6, c. 4, ss. 53 and 58 only (Reg 362/2010) Finance Statutes Amendment Act, 2010
LOCAL GOVERNMENT

Local Government News:

Online Voting Coming to B.C. Cities as Early as Fall
The two largest municipalities in British Columbia are looking at the possibility of allowing voters to cast their ballots over the Internet in November's civic election. Both Vancouver and Surrey councils will discuss what it will take to bring in so-called e-voting for the next election. The plans come as a small but growing group of B.C. municipalities explore a concept in online voter engagement that is already well-established in Ontario elections and is gaining a foothold in other provinces. See the Full Story as posted by the Times Colonist.

CRD Imposes Ban On Tanning Beds
Young people in Greater Victoria have been banned from using indoor tanning beds. Capital Regional District politicians voted 18-1 to approve the prohibition, which applies to people under 18 years old. The recommendation by Chief Medical Health Officer Dr. Richard Stanwick has been controversial, and the public gallery was packed as 46 speakers took 5 1/2 hours to address the board. Under the bylaw, tanning facility operators would be required to ask for ID from anyone who appears to be under the age of 25 before allowing them to use tanning equipment. The bylaw would carry penalties of between $250 and $2,000. See the Full Story as posted by the Vancouver Sun.

Environmentalists Question Metro Vancouver's Regional Grown Strategy
Metro Vancouver has given second reading to its new Regional Growth Strategy (RGS), and sent the plan to its member municipalities for approval. But the plan is coming under attack from critics concerned about urban sprawl and the protection of agricultural lands. Most of the critics of the RGS have focused on changes to the Urban Containment Boundary and the creation of Special Study Areas. See the Full Story as posted by Andrew Gage, staff lawyer at West Coast Environmental Law.

Act or Regulation Affected Effective Date Amendment Information
Bylaw Notice Enforcement Regulation (175/2004) Feb. 1/11 by Reg 366/2010
Greater Vancouver Sewerage and Drainage District Act Jan. 1/11 by 2010 Bill 11, c. 6, s. 104 only Miscellaneous Statutes Amendment Act (No. 2), 2010
Home Owner Grant Act Jan. 1/11 by 2010 Bill 2, c. 2, ss. 67 to 74 only, Budget Measures Implementation Act, 2010
Home Owner Grant Regulation (100/2002) Jan. 1/11 by Reg 295/2010
Local Government Act Jan. 1/11 by 2010 Bill 11, c. 6, ss. 121 and 124 only Miscellaneous Statutes Amendment Act (No. 2), 2010
School Act Jan. 1/11 by 2010 Bill 2, c. 2, ss. 97 to 101 only, Budget Measures Implementation Act, 2010
South Coast British Columbia Transportation Authority Act Jan. 1/11 s. 169.64(3) repeals s. 169.64
Vancouver Charter Jan. 1/11 by 2010 Bill 11, c. 6, s. 134 only Miscellaneous Statutes Amendment Act (No. 2), 2010
MISCELLANEOUS

Miscellaneous News:

New Act and Regulations Target Gangster Vehicles
Jail time could await B.C. gangsters who drive behind bulletproof glass after the Armoured Vehicle and After-Market Compartment Control Act (2010 Bill 16, chap. 8) came into effect February 1. The law, which was first announced last spring, includes fines up to $10,000 and six months in jail for people convicted of driving an armoured vehicle or having a secret compartment in their vehicle. See the Full Story as posted by the Province.

Act or Regulation Affected Effective Date Amendment Information
Armoured Vehicle and After-Market Compartment Control Act NEW
Feb. 1/11
c. 8 (SBC 2010) 2010 Bill 16 in force by Reg 10/2011
Armoured Vehicle and After-market Control Regulation (10/2011) NEW
Feb. 1/11
see Reg 10/2011
Body Armour Control Act Feb. 1/11 by 2010 Bill 16, c. 8, ss. 22 to 26 only, (Reg 20/2011) Armoured Vehicle and After-Market Compartment Control Act
Crime Victim Assistance (General) Regulation (161/2002) Feb. 1/11 by Reg 169/2010
Criminal Records Review Act Jan. 1/11 by 2009 Bill 20, c. 34, ss. 22, except para (b), 23-35 and 40-42 only (Reg 352/2010) Miscellaneous Statutes Amendment Act (No. 2), 2009
Feb. 1/11 by Reg 169/2010
Criminal Record Check Authorizations Regulation (386/2007) Jan. 1/11 by Reg 352/2010
Gunshot and Stab Wound Disclosure Act NEW
Feb. 1/11
c. 7 (SBC 2010) 2010 Bill 12 in force by Reg 360/2010
MOTOR VEHICLE AND TRAFFIC

Motor Vehicle and Traffic News:

New Act and Regulations Target Gangster Vehicles
Jail time could await B.C. gangsters who drive behind bulletproof glass after the Armoured Vehicle and After-Market Compartment Control Act (2010 Bill 16, chap. 8) came into effect February 1. The law, which was first announced last spring, includes fines up to $10,000 and six months in jail for people convicted of driving an armoured vehicle or having a secret compartment in their vehicle. See the Full Story as posted by the Province.

Commercial Vehicle Safety and Enforcement news
The CVSE website has been redesigned, see the new website.

Act or Regulation Affected Effective Date Amendment Information
Armoured Vehicle and After-Market Compartment Control Act NEW
Feb. 1/11
c. 8 (SBC 2010) 2010 Bill 16 in force by Reg 10/2011
Armoured Vehicle and After-market Control Regulation (10/2011) NEW
Feb. 1/11
see Reg 10/2011
Violation Ticket Administration and Fines Regulation (89/97) Jan. 1/11 by Reg 83/2009
Feb. 1/11 by Reg 11/2011
REAL ESTATE & BUILDERS LIEN

Real Estate and Builders Lien News:

Relief for Real Estate Investment Trusts
On December 16, 2010, the Federal Minister of Finance announced proposed amendments to the provisions in the Income Tax Act (Canada) concerning real estate investment trusts (REITs). These changes are welcomed by the REIT industry because it will make it easier for a REIT to qualify for exemption from entity-level taxation under the specified investment flow-through rules (the SIFT Rules). See the Full Story as posted by Blakes.

Effect of the New Mortgage Rules on Residential Real Estate Sales
Changes to the mortgage qualification rules could have a significant impact on residential real estate sales, particularly condominium pre-sales. There have been six changes to the rules, the first three having been announced on April 19, 2010 and others having been announced on January 17, 2011. See the Full Story as posted by Harper Grey.

Strata Properties Grow in Number and Complexity: Analysis
The Vancouver Island Strata Owners Association's analysis of recent data from the BC Assessment Authority provides new information about growth in strata units and the composition of those strata units. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
Home Owner Grant Act Jan. 1/11 by 2010 Bill 2, c. 2, ss. 67 to 74 only, Budget Measures Implementation Act, 2010
Home Owner Grant Regulation (100/2002) Jan. 1/11 by Reg 295/2010
Land Title (Transfer Form) Regulation (53/90) Jan. 1/11 by Regs 332/2010 and 339/2010
Land Title Act (Board of Directors) Regulation (332/2010) NEW
Jan. 1/11
see Reg 332/2010
Land Title Act Regulation (334/79) Jan. 1/11 by Regs 332/2010 and 339/2010
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