Energy and Mines News:

BC Government Report on its BC Hydro Review
On August 11th, the British Columbia government released its report on its review of BC Hydro [pdf]. The comprehensive Report is written by a government appointed review panel which was devised in response to BC Hydro's proposed 32% electricity rate increase over three years.

The Report provides 56 recommendations to BC Hydro and mostly addresses the internal operations of BC Hydro, but also touches on current and past BC energy policy and the impact on BC Hydro operations.

The Report does not directly address the future of the BC clean energy industry, but if you read between the lines, the Report does offer some nuggets of information that could impact independent power producers and clean energy enthusiasts. View the full article by Warren Brazier with Clark Wilson.

MABC Expresses Disappointment with the HST Results
The Mining Association of BC (MABC) is disappointed to learn that BC will not be keeping the HST but understands that voters have spoken.

"BC's mining sector has the potential to create high paying jobs in all regions of the province and build a strong economy and today's decision takes some of the wind out of our sail" states Ben Chalmers, Vice President of Environment and Technical Affairs. "We are concerned that today's decision compromises key competitive advantages and efficiencies offered by the HST and adds to the complexity of making large investment decisions necessary to build a mine." Source: MABC.

Family, Wills and Estates News:

Incapacity Provisions Now In Force
The incapacity planning provisions of the Adult Guardianship and Planning Statutes Amendment Act, 2007 came into force September 1, 2011. These provisions include amendments to the Power of Attorney Act, relating to enduring powers of attorney, and to the Representation Agreement Act, relating to representation agreements.

Forms: The standard forms published by the Ministry of Attorney General are intended to assist individuals to plan for possible future incapability. The use of these forms is optional. An individual who wants to make a representation agreement or an enduring power of attorney does not need to use these standard forms, but still must make sure that their document complies with the requirements of the legislation.

The standard forms may not be appropriate for use by everyone because they provide only one option of how a representation agreement or enduring power of attorney may be made. For example, these forms provide for the appointment of only one representative or attorney to act at the same time. There are also many other options provided in the legislation that are not reflected in these forms: for example, the type of authority that may be given or when the document will come into effect.

Please note that the forms and accompanying notes do not constitute legal advice. For further information, consult the legislation or seek legal advice.

• Representation Agreement (Section 9) Form With this form, an adult may name a representative to do anything that the representative considers necessary in relation to the personal care or health care of the adult.
• Representation Agreement (Section 7) Form With this form, an adult may name a representative to help make decisions, or make decisions on behalf of the adult, with respect to personal care and health care, the routine management of financial affairs and obtaining legal services for the adult and instructing counsel.

Source: BC Gov't.

Where There's a Will, There's Protection of Your Possessions
Without such a document, matters will be handled by B.C. government officials
Coquitlam resident Maureen Zarzycki was only 62 when she died of complications from diabetes last July. After she died, her husband Ralf asked Maureen's sister Kathleen Wallden, to help prepare a will, which she did. Ralf was an only child, and the couple didn't have children of their own or a huge pile of assets. But there was some life insurance money, investments and Royal Doulton figurines, as well as paintings and jewelry Maureen purchased on cruises to San Francisco and Mexico. The will outlined Maureen's wishes that her possessions go to her eight nieces and nephews. There was just one problem: Ralf didn't sign it before he died last month. The Coquitlam couple's possessions are now in the custody of the Public Guardian and Trustee of B.C., which is searching for Ralf's distant blood relatives in Germany and Poland, where his deceased parents came from. If no relatives are found, the family faces the prospect of buying back family heirlooms – including a gold ring that their mother gave to Maureen – at a public auction. John Eastwood, president of BC Notaries, said the family's unfortunate situation is a reminder of the importance – regardless of age – of completing a will so that your final wishes are carried out.

There are some important legislative changes coming to regulations around wills. Some are part of a provincial Wills, Estates and Succession bill that has passed third reading in the BC legislature in 2009 but has yet to be signed into law. One of these changes affects the amounts granted to the surviving spouse in cases where there is no will. Under existing law, the surviving spouse is entitled to the first $65,000, with the balance divided between the spouse and the couple's children. That minimum will be increased to $300,000 under the new law, or $150,000 in cases where the deceased has children that are not also the surviving spouse's. Another pending change is the minimum age at which somebody can have a will, which moves from 19 to 16. That bill is expected to become law next year. The changes that took effect on Sept. 1, 2011 lessen the possibility of abuse of power of attorney, which covers legal and financial matters, Eastwood said. Read the complete article as published in the Vancouver Sun.

Forest and Environment News:

B.C. lumber group says U.S. softwood lumber filing is without merit
The U.S. arbitration submission under the Softwood Lumber Agreement will remain confidential for a week, but a group representing B.C. lumber producers says reports about its contents suggest the unfair trade case against Canada is without merit.

The British Columbia Lumber Trade Council says the U.S. case to the London Court of International Arbitration filed Tuesday ignores the "real facts" associated with the impact of the Mountain Pine Beetle on the B.C. Interior. View the full article by the Global News.

Burns Lake Community forest fined for visual quality objectives infraction
What is valued and significant and what is not? The interpretation of scenic vistas in the local area is highly subjective and difficult to interpret say two local forest industry representatives. View the full article by BC LocalNews.

Draft old growth area amendment includes Avatar Grove
The public is invited to comment on proposed changes to old growth management areas on Vancouver Island that would protect the Avatar Grove site. The proposed amendments fall within the Renfrew planning area and include:

• Designating 49 hectares in the Avatar Grove area as old growth management area.
• Designating an additional 10.4 hectares as old growth management area.
• Removing 57.4 hectares of old growth management area.

The Renfrew planning area, on south western Vancouver Island, contains 11,624 hectares of old growth management areas. An additional 7,732 hectares of old growth forest in provincial and federal parks contributes to old growth targets. Comments on the proposed amendments will be accepted until Wednesday, Nov. 9, 2011. View the government news release.

Health News:

BC Gov. Sues Nightclub to Recover Health Costs
The B.C. government is suing to recover estimated health-care costs of hundreds of thousands of dollars for a former NHL player seriously injured during a nightclub assault. In December 2006, while a patron at Delta's Cheers Nightclub, Garrett Burnett was struck on the head with a bar stool. The former Mighty Ducks of Anaheim player was knocked unconscious and spent the next 20 days in a coma and four months recovering in hospital. Burnett, now 35, suffered a brain injury, broken facial bones, headaches, soft-tissue injuries, facial scarring, chipped teeth and facial numbness. He has never played hockey again. In a notice of civil claim filed in B.C. Supreme Court, the government alleges the owners and operators of the nightclub, located at the North Delta Inn, were negligent. The club had a responsibility to ensure patrons would be reasonably safe and failed to do so, says the lawsuit. Read the full article by The Province.

BC says ex-patients of Richmond 'holistic healer' may rate compensation
For years, Richmond resident Selina She Yin Tsui held herself out as a "holistic healer," diagnosing ailments ranging from tapeworms, gallstones and parasites all the way up to cancer. In some cases, Tsui allegedly charged tens of thousands of dollars for her "treatments," which included – according to a lawsuit filed by the B.C. government against Tsui in August 2010 – administering arsenic to one woman to the point of paralysis and cardiac arrest. After telling the victim her diagnosis, said the lawsuit, Tsui warned that treatment would cause "violent vomiting, uncontrollable diarrhea, peeing like a race horse (and) nausea to the extreme." The lawsuit claims that while carrying out her brand of "healing" work, Tsui had no actual medical training and was never registered with any health profession regulatory body. Read the article posted by Richmond News.

Labour, Company and Finance News:

A guide to workplace minefields
Conflict is bad for business. You probably have the proper safety equipment to ensure you aren't injured on the job, but what about being kept safe from psychological harm? Risks that might lead to physical injury in the workplace are given great consideration and thought, but psychological perils are less scrutinized or even understood as potentially equally harmful. Being able to identify potential dangers at work can offer employees some peace of mind. There are five ways to identify psychological risks at work and reduce potential threats to psychological well-being at work. View the full article in the Vancouver Sun.

Defeat of HST 'probably catastrophic' to business
B.C. business leaders say reversion to the PST will cost investment dollars and jobs
The defeat of the HST is being viewed by business as a backward step that will hurt the B.C. economy at a time when the global economy is headed toward recession.

"It's going to have a profound impact on the economy in general; certainly on the business sector," John Winter president of the B.C. Chamber of Commerce, said. "It's probably catastrophic, if you think about it. We are on the precipice of a possible global recession and this is the last thing we need at this stage. It's reverting back to a tax policy created in 1946 and it's not something that's particularly appropriate to today's economy." View the full article published by the Vancouver Sun.

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

National Securities Regulator Update
The federal government continues to push ahead on its plan for a national securities regulator in the face of persistent and growing provincial opposition. In 2010, the Canadian Securities Transition Office reached several key milestones with the release of its draft Canadian Securities Act and the delivery of the Transition Plan for the Canadian Securities Regulatory Authority, which establishes a roadmap for transitioning the provincial regulators into a new agency with a common organizational structure.
Miller Thomson Analysis:
Despite the federal government's progress in the last year, the federal initiative has recently suffered a public blow, as both the Québec Court of Appeal and Alberta Court of Appeal ruled in March, on substantially the same grounds, that the proposed Act represents an unconstitutional exercise of federal legislative powers. Read the full article by Dwight D. Dee, with Miller Thomson.

Local Government News:

Summer LoGo Notebook Issue Now Available
The new issue of Logo Notebook By Staples, McDannold Stewart is now available. Included in this issue are the following topics:

• Court of Appeal Interprets Riparian Areas Regulation
• Tendering and the Test for Material Compliance
• A Tale of Two Cabbies: Meeting the Threshold of Sufficient Reasons on Denial of a Chauffeur's Permit
• More on Development Permits
• The Complex Affairs of Local Governments

Motor Vehicle and Traffic News:

Attorney General says even tougher drinking and driving laws in BC not out of the question
BC's Attorney General says the door is open to even tougher drinking and driving rules down the road as he gets ready to look at the statistics. Barry Penner says in a few months, his ministry will begin pouring over a year's worth of data from police after a full year under tougher DUI penalties. Penner says early stats show a decrease in DUI fatalities but tragically since new penalties came in, 30 people have still been killed by drunk drivers. Posted on CKNW AM 980.

Real Estate and Builders Lien News:

Are B.C.'s land title laws due for an update?
Freehold townhouses could increase affordability, but that won't happen until the Land Title Act is changed. B.C.'s land title laws are standing in the way of Vancouver welcoming a form of housing that could add to diversity in the city and help to improve housing affordability. Throughout eastern Canada, the U.S. and much of the rest of the world, row townhouses owned as freehold property have existed for centuries. Victoria has been asked to change the law that is preventing Vancouver from seeing this form of housing become commonplace here, but the provincial government is slow in responding. Read the full article in the Vancouver Sun.