Energy and Mines News:

Survey: B.C. Lags Behind Other Provinces in
Attractiveness to Mining Sector
Alberta and Saskatchewan are among the three most attractive jurisdictions in the world for mineral exploration and development, according to the Fraser Institute's annual survey of mining executives.

"B.C. continues to be viewed poorly, with respondents citing land claims issues, environmental uncertainty, and political turmoil at the provincial level as reasons to remain hesitant about investing in British Columbia," said Fred McMahon, the institute's vice-president of international policy research. See the full story as posted by the Vancouver Sun.

New Round of Credits Keep Oil and Gas Building in B.C.
The Province is putting up to $120 million in royalty credits on the table to spark the next round of infrastructure development in B.C.'s petroleum and natural gas sector. See the news release.

Northwest Transmission Line Project Approved
British Columbia Hydro and Power Authority (BC Hydro) has received an environmental assessment certificate for the proposed Northwest Transmission Line project.

The proposed $404-million project includes a new 287-kilovolt transmission line, 344-kilometres from the existing Skeena substation south of Terrace to a new substation near Bob Quinn Lake. The project would include new access roads, an upgrade to the existing Skeena substation and construction of the new Bob Quinn substation, which would incorporate 287-kilovolt line terminations and related equipment. See the news release.

Family, Wills and Estates News:

Common-Law Couples Who Break Up Must Share Wealth
Unanimous ruling on cases in B.C., Ontario
Canada's top court has weighed in on breakups of unmarried couples who live together, concluding that a person who profits within the relationship with the help of a partner must share what he or she accumulates.

In a unanimous decision on two cases from Ontario and British Columbia, the Supreme Court of Canada ruled that a person deserves fair compensation for making a sacrifice, such as giving up a career, in support of a partner, when he or she is engaged in a "joint venture" as a common-law couple. See the full story as posted by the Vancouver Sun.

A Gift that Lasts
When does a gift take effect? Is it enough to tell a friend or relative that you give them your car or your shares in a company, or are further steps required? The British Columbia Court of Appeal recently addressed these questions in Ratner v. L.H. Ratner Construction Ltd., 2010 BCCA 593.

Some key points:

• a gift takes effect once there is both an expressed intention to make a gift, and an actual delivery of the property takes place
• if the alleged transferor was unduly influenced, this could cause a Court to set aside the alleged gift
• a gift, if validly made, removes all rights of the transferor to determine how or whether the transferee disposes of it. Specifically, a gift cannot be validly made "for tax purposes only" with the expectation that it still remains the property of the transferor.

See the full article as posted by Amy A. Mortimore of Clark Wilson.

Forest and Environment News:

NDP Front-Runners Clear on Environment, Unlike Liberals
Liberal hopefuls don't respond to policy questions, but opposition candidates propose many changes to Campbell's legacy
Two front-runners in the NDP leadership race are promising to cast aside much of Gordon Campbell's environmental legacy should either become elected premier.

The list of commitments from Adrian Dix and Mike Farnworth include opposing the Enbridge oil pipeline, increasing funding for the BC Parks system, restoring confidence in the agricultural land reserve, toughening the environmental assessment process, and questioning the need for the planned Site C hydro dam on the Peace River. See the full story as posted by the Vancouver Sun.

China Lumber Sales Set New Standard in 2010
For the first time ever, China is the number-one overseas destination for B.C. lumber in terms of value as well as volume, it was announced following a record-breaking month and year for exports to China. B.C. lumber exports to China for 2010 are valued at about $687 million, more than double the value of shipments in 2009 and, for the first time ever, exceed the value of softwood products shipped to Japan. See the full article as posted by the Council of Forest Industries.

Forest Safety Ombudsman Announces Silviculture Review
BC Forest Safety Ombudsman Roger Harris has announced he'll be conducting a review of the B.C. silviculture camp system, a move prompted by the revelation that workers suffered in squalid camp conditions near Golden last summer.

That incident led to a larger investigation of silviculture contractor Khaira Enterprises Ltd., which was last month ordered to pay 58 employees $236,500 in unpaid wages. The investigation into the company uncovered other camps where workers lived in substandard conditions, including near Revelstoke, Kamloops, Texada Island and Salmon Arm. See the full story as posted by the Revelstoke Times Review.

Ottawa will Implement Additional Export Charges for Ontario and Quebec
Canada will increase export charges on softwood lumber to the United States, the government said recently after an arbitration court ruled it had wrongly subsidized lumber exports.

The London Court of International Arbitration supported U.S. claims that Canada broke the terms of a 5-year-old agreement on bilateral lumber trade. After reviewing the decision, Canada's International Trade Minister Peter Van Loan said the tribunal ruled that "loan guarantee programs that specifically benefit the softwood lumber industry contravene the Softwood Lumber Agreement." See the full story as posted by IndustryWeek.

Health News:

Environmentalists Claim Health Canada Proposes
Secretive Approach to Pesticide Re-Evaluations
Health Canada, through the Pest Management Regulatory Agency (PMRA), is supposed to approve every pesticide before it's sold or used in Canada. While the PMRA itself cautions against claims that the pesticides it approves are safe, proponents of pesticide use often make just this claim. Meanwhile, environmental and health groups often see the PMRA as overly tied to industry and point to the difficulties in ensuring that pesticides are safe over the long-term (especially on the basis of laboratory testing provided by experts paid for by the pesticide companies). See the full article as posted by Andrew Gage with West Coast Environmental Law.

Tim Hortons doubles as New Westminster emergency room
Conditions were so crowded recently at Royal Columbian Hospital that patients from the emergency department were temporarily moved into the New Westminster facility's Tim Hortons restaurant.

It was used because the hallways were already packed. David Plug of the Fraser Health Authority said the Tim Hortons had never been used for patients previously. But its proximity to the emergency room and the lack of any other readily available space led to the decision to use the restaurant, which was already closed.

But Health Minister Colin Hansen defended the hospital and pointed out that an expansion in emergency room capacity is currently underway at Surrey Memorial that will increase its capacity five-fold – in 2013. See the full story as posted by The Province.

Labour, Company and Finance News:

B.C. Opposes Single Securities Regulator Bill
The B.C. government recently added its voice to those provinces opposed to Ottawa's proposed legislation to create a national securities regulator. Provincial Finance Minister Colin Hansen said the province supports the idea, but wants it achieved through co-operation.

Ottawa has responsibility over trade and commerce, while provincial governments have responsibility over property and civil rights, Hansen said.

A national securities regulator has the support of many business groups, including the Canadian Bankers Association, and has been recommended by both the International Monetary Fund and the Organization for Economic Co-operation and Development. See the full story as posted by CBC News.

Employment Law Update: Duty to Mitigate
A British Columbia Court of Appeal judgment serves as a reminder that dismissed employees have a duty to mitigate damages by finding alternative employment. It also reminded employers that if they are found to have failed to provide reasonable notice, despite the employee having fully mitigated his or her loss, in certain circumstances nominal damages may be awarded to the employee, along with costs. See the full article as posted by Christopher Johnston with Harper Grey.

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

Local Government News:

Municipalities Move to Ban Kitchen Scraps From Trash
By the end of next year, if you live in a house in Metro Vancouver, your kitchen scraps will be banned from the trash.

That means everything from apple cores to chicken bones, bread crusts, eggshells, coffee grounds, tea bags, paper towels and pizza boxes must be in your green bin instead of the garbage can.

Port Coquitlam, which started its kitchen scraps program in 2007, has been followed by Burnaby, Coquitlam, New Westminster, Port Moody, Richmond and Vancouver, which signed on last year. The North Shore will start programs this spring, while the other municipalities will be on board by the end of the year. See the full story as posted by the Vancouver Sun.

Motor Vehicle and Traffic News:

B.C. to Allow Appeals for Drunk-driving Penalties
The B.C. government says it's considering changes to its tough drunk driving laws to allow drivers to challenge roadside penalties.

Police have been slapping drivers with immediate roadside suspensions and fines since last year, when the new law took effect, making it illegal to drive with a .05 blood alcohol reading.

After a flood of complaints from drivers over how the new law was being applied by police, the government ordered a review. See the full story as posted by CTV.

CVSE Circular Update – Soft Enforcement Extended for Hitch Offset Limits
This circular advises owners and operators of straight truck and pony or full trailer combinations, hauling separate loads on each vehicle – such as short logs or construction aggregate – that the hitch offset limits shown in Appendix B of the Commercial Transport Regulations (CTR) are: a maximum of 1.8 m for tandem drive trucks, and a maximum of 2.5 m for a tridem drive truck. Soft enforcement will be applied effective immediately and will expire on July 31, 2011. See the Circular. For the latest information from the CVSE, see What's New.

Real Estate and Builders Lien News:

Strata Survey Available
The provincial government's web survey on strata regulations that are being developed for depreciation reports, audited financial statements and changes to the Form B (information disclosure) is available for input. (The survey is being hosted by BC Stats so confidentiality will be assured.) You are welcome to complete the strata survey, which closes 4:30 pm on Monday, March 7, 2011.

Standards, Legislation and Requirements –
Protections You Get When Working with a Realtor
The real estate profession is one of the most highly regulated in the country. The Real Estate Council of BC is a regulatory agency established by the provincial government to protect consumers through the licensing of all individuals who practice real estate in the province. The conduct requirements for all real estate licensees and brokerages include:

• Undivided loyalty. The brokerage must protect the client's negotiating position at all times, and disclose all known facts, which may affect or influence their decision.
• Obey all lawful instructions of the seller.
• Keep the confidences of clients.
• Exercise reasonable care and skill in performing all assigned duties.
• Account for all money and property placed in a brokerage's hands while acting for the client.

The above speaks to the minimum required under the Real Estate Services Act. Realtors are subject to a higher standard. As members of their local real estate board, Realtors are also required to adhere to the Canadian Real Estate Association's REALTOR Code and Standards of Business Practice. See the full story as posted by the Vancouver Sun.