| ENERGY
& MINES |
|
Energy and
Mines News:
New Flathead Watershed Area Conservation Act
This new Bill, currently in 3rd reading, restricts mining and
oil and gas activity in the Flathead watershed area, prohibits
disposition of Crown land in that area, designates coal land in
that area as a coal land reserve and establishes a mineral
reserve on that area. The Bill is expected to come into force
shortly, on Royal Assent.
Mineral Explorers Support Fair Settlement to
Address Consequences of the Uranium Exploration Ban in British
Columbia
In October, the Association for Mineral Exploration BC (AME BC)
expressed its strong support of the BC government’s recent
$30 million out-of-court settlement with Boss Power Corp and its
move to resolve the consequences of the politically driven ban
on uranium and thorium exploration in British Columbia.
“While late in the proceedings, we
appreciate the provincial government’s clear signal and
commitment to follow well established permitting laws and to
take into account fair market value when mineral explorers
become prohibited from working on their mineral tenure and
reasonable compensation is therefore required,” said Gavin
C. Dirom, President & CEO of AME BC. “Fundamentally,
we believe the ban on uranium and thorium exploration is an
unsound public policy based on very little science and enacted
without due process or public consultation. We hope to bring
balance to the issue by working with government and the public
to increase the understanding of the permitting process and
geoscience through wider education and outreach. Ultimately,
this should increase certainty about where responsible mineral
exploration and development are permitted, restore the
public’s and industry’s confidence and attract
investment to the benefit of all British Columbians.” View
the full
news release by AMEBC.
|
| Act or Regulation
Affected |
Effective Date |
Amendment Information |
| Pipeline and Liquefied Natural
Gas Facility Regulation (281/2010) |
Oct. 4/11 |
s. 7 (1)(b) and (d) added, see
Reg 281/2010 |
| FAMILY,
WILLS
& ESTATES |
|
Family, Wills &
Estates News:
Marriage Fraud Targeted by Canada Boarder
Agency
Canada's border agency has opened more than three dozen criminal
investigations related to marriage fraud in the last few years,
newly released documents show. The Canada Border Services Agency
has also begun a probe of possible organized criminal
involvement in arranging marriages of convenience to attain
status in Canada. Read the
full article by CBC.
Government has done little to help B.C. families find
information about quality of care homes
B.C. has a care system for seniors that is balkanized, open to
abuse and difficult to understand. It’s a patchwork of laws,
regulations and differing costs and standards. Vulnerable seniors
and confused families don’t know what rights to care they
have, and are afraid complaints could lead to retribution.
You’d think the government would help families to assess the
safety and value they’re getting when entrusting the care of
an elderly loved one to a home. But in B.C., it’s far easier
for a shopper to go online and confidently pick a suitable car. In
a nutshell, those were the jarring conclusions of provincial
ombudsperson Kim Carter after the province-wide investigation into
B.C.’s long-term care system she launched in 2008. Read the
full article as published in the Province. |
| Act or Regulation
Affected |
Effective Date |
Amendment Information |
| Family Maintenance Enforcement
Act Regulation (346/88) |
Oct. 27/11 |
by
Reg 182/2011 |
| FOREST
AND ENVIRONMENT |
|
Forest and
Environment News:
Changes to Forest Act, Foresters
Act and More..
Bill 6, Forests, Lands and Natural Resource Operations
Statutes Amendment Act, 2011, proposes a number of
substantive changes. The Bill achieved 3rd reading at the time
of this release. The intent of this new legislation is to make
it easier for compliance and enforcement officers to hold
offenders accountable for violating natural resource
legislation.
Proposed amendments under the Forest Act
will:
- Extend the tenure terms of a Master Licence
to Cut to 10 years and a Free Use Permit to 5 years. These
tenures, used by the energy and mines sectors to cut timber,
will now have similar terms to tenures issued by the Ministry
of Energy and Mines and the Oil and Gas Commission.
- Allow woodlot owners to remove private land
from their woodlots, at the discretion of the minister, to
provide woodlot owners flexibility in managing their assets in
changing economic times and to plan for retirement.
- Enable direct award of Fibre Supply Licences
to Cut to access wood residue and debris to support the
growing wood bioenergy sector.
- Ensure timely and accurate submission of
information from timber cruises to calculate stumpage fees.
Proposed amendments to the Foresters Act
will enable timber cruisers to be officially certified, to
provide confidence that accurate information used to calculate
stumpage is being collected. Timber cruising involves gathering
data on the amount, type, grade and value of trees to be cut
into timber in a particular cutblock.
Proposed amendments to the Resort
Timber Administration Act will:
- Allow for a more coordinated approach to
administering Crown timber within controlled recreation areas,
such as ski hills, by ensuring Crown timber on private land
can be dealt with under the Act.
- Reflect that the Minister of Forests, Lands
and Natural Resource Operations is now the Minister
responsible for the Act.
BC'S New Natural Resource Road Act Project
British Columbians are invited to comment on a policy
project for better regulation of natural resource roads,
Minister of Forests, Lands and Natural Resource Operations Steve
Thomson and Minister of Energy and Mines Rich Coleman announced
this month. The Natural Resource Road Act Project aims to
establish a single legislative framework for the use,
construction, maintenance and management of resource roads. This
simplified process will create certainty about rules and
regulations, and provide consistency for all sectors and
resource road users.
A discussion paper has been prepared to
inform stakeholders and to encourage feedback on proposed
principles and key policies for consideration. This discussion
paper is available online here.
Click
here to read the full the government news release. Contaminated Sites: EAB Directs Ministry of
Environment to Issue Certificate of Compliance
In a recent decision, the BC Environmental Appeal Board
(“EAB”) directed the Ministry of Environment to
issue a Certificate of Compliance (“COC”) for a
property that had been remediated and where the Ministry of
Environment had refused to issue a COC because of the potential
that the contamination had migrated to nearby properties. That
is, the property owner did not have to investigate and remediate
the nearby properties that may have been contaminated in order
to obtain a COC. Click
here to view the full article by Tony Crossman published
by Miller Thompson.
|
| Act or Regulation
Affected |
Effective Date |
Amendment Information |
| There were no
amendments this month. |
| HEALTH |
|
Health News:
Feds Eye Regulating Cosmetic Lenses
Private member's bill gets support from federal health
minister and Opposition
Health Minister Leona Aglukkaq is getting behind legislation to
regulate cosmetic contact lenses as medical devices —
almost guaranteeing the bill's passage into law. Conservative MP
Pat Davidson won the high-profile backing for her private
member's bill Monday, after opposition MPs stood in the House of
Commons to also voice support for amending Canada's Food and
Drugs Act to treat non-correction cosmetic contact lenses just
like corrective contact lenses. Cosmetic contact lenses, also
called fashion contact lenses or colour contact lenses, are
unregulated in Canada. That means Twilight vampire eyes and
other colour contact lenses can be sold over-the-counter by
street vendors, convenience stores and Halloween stores. Read
the
full article in the Vancouver Sun.
Nurse Practitioners Statutes Amendment Act,
2011
BC recently introduced the
Nurse Practitioners Statutes Amendment Act, 2011,
allowing nurse practitioners (NPs) to work within their existing
scope of practice. Amendments will allow NPs to act as an
effective first point of contact as well as primary care
providers for patients. A number of current statutes restrict
NPs from providing services that are within their scope of
practice. The changes will also provide British Columbians more
options when seeking medical opinions and improve access to a
variety of government programs. The Bill achieved 2nd reading on
November 2nd.
Smoking bans backfiring at some hospitals:
Study
Intravenous lines freezing in the cold. Patients in wheelchairs
being accidentally locked out of the hospital on winter nights.
Patients smoking in their hospital beds. Pounds of discarded
cigarette butts near "no-smoking on hospital property" signs.
New Canadian research has found that not only are patients and
staff ignoring hospital smoke-free bans, but also the policies
are creating unintended safety issues for patients. Not enough
support is being offered to the five million Canadians who smoke
to help manage withdrawal symptoms if they suddenly need to be
hospitalized, the researchers say. Smoking needs to be treated
as an addiction, they argue, and not simply as a bad habit
— because when it's framed as a habit, health-care
providers can have a hard time understanding why anyone facing a
serious health issue would continue to smoke. Read
full article posted on canada.com.
|
| Act or Regulation
Affected |
Effective Date |
Amendment Information |
| Drug Schedules Regulation (9/98) |
Oct. 31/11 |
by Regs
189/2011 and
190/2011 |
| Pool Regulation (296/2010) |
Oct. 8/11 |
by Reg
296/2010 |
| LABOUR,
COMPANY & FINANCE |
|
Labour, Company and Finance News:
BC to allow workers' compensation for
post-traumatic stress, harassment on the job
People who suffer from post-traumatic stress or are victims of
ongoing harassment, violence or bullying in the workplace will
be able to claim workers' compensation under proposed
legislation. A government bill introduced into the legislature
Thursday will broaden coverage for workplace mental stress
conditions and help to promote healthy workplaces, said Margaret
MacDiarmid, minister of Labour, Citizens' Services and Open
Government. Read the
full article published in Times Colonist.
Red Tape Legislation Introduced
The new legislation (Regulatory
Reporting Act, 2011) will require annual provincial
reports on regulatory accountability.
“This is a vital win for small business
owners whose lives are made miserable by red tape from all
levels of government,” Laura Jones, a senior vice
president with the Canadian Federation of Independent Business.
Canadian Federation of Independent Business’ director for
B.C., Shachi Kurl, said “This is a first in Canada.
It’s actually been introduced as law as promised. This is
the first province to put into law a commitment to monitor and
watch and be accountable on the red tape files.” View the
full article posted in the Vancouver Sun.
New Finance Statutes Amendment Act
Introduced
Proposed amendments introduced this week as Bill 17, the
Finance Statutes Amendment Act, 2011, align with
government’s commitment to simplify and streamline
regulatory requirements and will help to ensure statutes are
clear, current and effective. The amendments will affect the Financial
Institutions Act, Credit Union Incorporation Act,
Society Act, Financial Administration Act, Infants
Act and Securities Act. Click here to view a
detailed breakdown of how these Acts are affected. (Gov’t
news release).
Minimum wage jumped to $9.50 Effective November
1st
The raise, which marks the second of three incremental increases
planned in the province, brings the minimum wage to $9.50 an
hour, matching those of Saskatchewan and New Brunswick. It jumps
another 75 cents in May 2012, which will tie B.C.'s minimum wage
with Ontario for the second highest in the country at $10.25.
The increases, announced by Premier Christy Clark in March, are
the first the province's lowest paid workers have seen in a
decade. Clark also ended the province's $6 training wage for
employees with less than 500 hours of paid work experience. View
full article on CTV.
|
| Act or Regulation
Affected |
Effective Date |
Amendment Information |
| Employment Standards Regulation (396/95) |
Nov. 1/11 |
by Reg
67/2011 |
| National Instrument 45-106 Prospectus and
Registration Exemptions (227/2009) |
Oct. 3/11 |
by Reg
170/2011 |
| National Instrument 51-102 Continuous Disclosure
Obligations (110/2004) |
Oct. 31/11 |
by Reg
180/2011 |
| National Instrument 58-101 Disclosure of
Corporate Governance Practices (241/2005) |
Oct. 31/11 |
by Reg
180/2011 |
| Training Tax Credits Regulation (243/2007) |
Oct. 27/11 |
by Reg
181/2011 |
| LOCAL
GOVERNMENT |
|
Local Government News:
Community, Sport and Cultural Development
Statutes Amendment Act, 2011 - Implications for Local
Government
Some of the more relevant changes being proposed include:
Community Charter:
- section 220 increases the limit on the
assessed value of farm improvements that is exempt from
taxation under the Act.
- section 222 adds a transitional provision
applicable to real property, in a newly incorporated
municipality or in an area newly included in a municipality,
that was, immediately before the incorporation or inclusion,
exempt from taxation because of section 15 (1) (f.1) of the Taxation
(Rural Area) Act, added by this Bill.
- section 280 clarifies that regulations may
be made under section 280 despite the Act.
Local Government Act:
- section 799.2 clarifies that
regulations may be made under section 799.2 despite the Act.
- section 813.07 authorizes the minister to
specify a time period within which the parties to negotiations
in a service review must conclude the negotiations and
authorizes the minister to extend the specified time period.
- section 813.08 authorizes the minister to
determine that a part of a service is to be considered a
separate service for the purposes of sections 813.09 to 813.19
of the Act.
- section 813.09 adds to the list of
possible actions one or more of which the minister must take
after receiving a notice of service withdrawal.
- section 813.19 provides that regulations
under section 813.19 of the Act may be different for different
regional districts and different circumstances.
- section 814 provides that provisions of the
Community Charter relating to the use of money in a
reserve fund for the purposes of another reserve fund apply to
reserve funds established by a board for capital purposes for
the same service or different services.
Taxation (Rural Area) Act:
- section 15 exempts from taxation under the Act an owner's
dwelling on land that is classified as a farm under the
amendments made by this Bill to the Assessment Act.
|
| Act or Regulation
Affected |
Effective Date |
Amendment Information |
| British Columbia Building Code Regulation
(216/2006) |
Oct. 3/11 |
by
Reg 95/2010, as amended by
289/2010 |
| Freedom of Information and Protection of
Privacy Act |
Nov. 1/11 |
by
Reg 191/2011 |
| Health Care Employers Regulation (427/94) |
Oct. 6/11 |
by Regs
173/2011 and 174/2011 |
| Prescribed Classes of Property Regulation
(438/81) |
Oct. 27/11 |
by
Reg 183/2011 |
| Ski Hill Property Valuation Regulation
(291/2007) |
Oct. 27/11 |
by
Reg 184/2011 |
| Social Services Employers Regulation (84/2003) |
Oct. 6/11 |
by Reg
175/2011 |
| MISCELLANEOUS |
|
Miscellaneous News:
Critics Say New B.C. Privacy Laws Put Data At
Risk
New legislation that would increase the ability of B.C.
government ministries to share citizens' information amongst
themselves and centralize that data electronically is drawing
criticism from civil liberties and privacy advocates. The
Liberal government introduced legislation this session that
would change the way information is stored, make it easier for
the province to offer services online and allow for more sharing
between ministries and agencies. The province says the
legislation is necessary to bring B.C.'s 20-year-old privacy
laws into the digital world, and the proposed changes have
received the tentative approval of the privacy commissioner.
However, the B.C. Civil Liberties Association and the Freedom of
Information and Privacy Association released a joint statement
suggesting the new law would needlessly put citizens' privacy at
risk without offering any real benefit to government efficiency.
Read
full article on CBC.
B.C.
Law Targets Metal Thieves And Dirty Scrap Dealers
The B.C. government is hoping to reduce metal theft, including
the wholesale plundering of copper telephone lines, with new
legislation that requires scrap metal dealers to report their
purchases to police. Under the proposed
Metal Dealers and Recyclers Act, 2011 dealers will
have to record the names and addresses of metal sellers, and
where the seller got the material, and pass this information on
to police every day. The law would also ban dealers from buying
scrap metal from anyone who won't provide the required
information. There will be a dealer registry and a system of
inspectors who will enforce the law. View
full story on CTV.
|
| Act or Regulation
Affected |
Effective Date |
Amendment Information |
| Criminal Record Check Authorization Regulation
(386/2007) |
Oct. 1/11 |
by Reg
128/2011 |
| Criminal Records Review Act Exemptions
Regulation (504/95) |
REPEALED
Oct. 1/11 |
see Reg
128/2011 |
| MOTOR
VEHICLE |
|
Motor Vehicle News:
Greater Vancouver Transit Enhancement Act
At the request of the Mayors' Council on Regional
Transportation, the Province is introducing legislation, under
Bill 11, the
Greater Vancouver Transit Enhancement Act. This
legislation will allow the region to increase fuel tax by two
cents per litre starting April 1, 2012. The additional regional
fuel tax revenue will help fund the Evergreen Line rapid transit
project and other priority transportation projects across Metro
Vancouver. The legislation amends the South Coast British
Columbia Transportation Authority Act and the Motor
Fuel Tax Act. This Bill had achieved 3rd reading at the
time of this publication. Click
here to view full government news release.
B.C. Residents To Get $5K Off Clean Energy Cars
B.C. residents will get up to $5,000 off the sticker price of a
qualifying clean energy vehicle starting Dec. 1. Environment
Minister Terry Lake said Saturday that the rebate includes
qualifying new vehicles that are battery electric, fuel-cell
electric, plug-in hybrid electric and those that operate on
compressed natural gas. Andrea Mercer, a spokeswoman for the
ministry, said there are currently up to 30 such vehicles for
fleets in B.C., and 10 to 20 for residential use. Click here for
full story as reported by CBC.
Offence Act amendments introduced
Bill 4, introduced recently by Attorney General Shirley
Bond, contains amendments to the Offence Act that will
enhance sentencing provisions for offenders convicted under
provincial statutes. The changes to the act would permit more
effective management of offenders in communities, while making
provincial legislation consistent with the Criminal Code
of Canada. If passed, amendments will give the court options for
imposing probation, with a wide range of conditions that are
better tailored to reflect offences and offenders’
circumstances. Key provisions will:
- Give the court the power to impose probation orders for up
to two years, with conditions appropriate to the offence and
offender.
- Create an offence for breach of an order.
Currently, sentencing options under the Offence
Act include fines, incarceration or suspended sentences.
The act does not permit a court to sentence people to probation
conditions besides “to keep the peace and be of good
behaviour” (under the act’s recognizance provision.)
Read government
news release.
|
| Act or Regulation
Affected |
Effective Date |
Amendment
Information |
| Motor Fuel Tax Regulation (414/85) |
Oct. 5/11 |
by
Reg 202/2009 |
| REAL
ESTATE & BUILDERS LIEN |
|
Real Estate & Builders Lien News:
Strata managers' role in tribunal unclear -
Owner suggests fines for councilors, changes to Strata
Property Act
The following article was written by By Suzanne Morphet,
Special to The Sun. In welcoming the long-awaited news
that strata owners in B.C. may soon have a new and better way to
resolve disputes, did I overlook an important piece of the
puzzle, or more precisely, an important player in the puzzle? A
couple of columns ago, I wrote about a government proposal that
envisions establishing an impartial tribunal to hear both sides
in a dispute and offer a resolution. As it's being proposed, the
process appears to be available to anyone involved in a
strata-related dispute. Anyone, that is, except a strata
manager. The government's consultation paper, which explains the
process, hints at the possibility of strata managers being
caught up in disputes, but doesn't go any further. "There is
uncertainty and misunderstanding about the role of strata
managers, who may sometimes find themselves involved in
disputes," according to the online document. Read the
full article published in the Vancouver Sun.
How To Deal With a Disruptive Condo Owner
The following article was written by Marilyn Lincoln,
National Post
Q What can we do when an owner continually
disrupts our condo meetings and also harasses owners after the
meeting is over? Our condo meetings are getting out of control.
A The conduct of unruly owners rests with
the chairman of the meeting. He/she has the power to control the
conduct of the owners. The chairperson has the authority to
expel anyone from the meeting. However, this should be the last
resort. At the beginning of the meeting, it is imperative the
chairperson sets rules and explains that individuals will speak
when recognized by the chair.
Individuals should be reminded that any disruptive
behavior will not be tolerated and the chairperson will act on
their authority to have someone removed. In most cases, if the
chairperson sets out the rules for the meeting at the outset and
remains impartial, disruptive behavior can be prevented. Read
the
full article in the Vancouver Sun.
|
| Act or Regulation
Affected |
Effective Date |
Amendment Information |
| There were no
amendments this month. |
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