Energy and Mines News:

AME BC Submits Recommendations for the Natural Resource Road Act
During the fall, the Association for Mineral Exploration BC participated in consultation regarding proposed legislation called the Natural Resource Road Act.

AME BC fundamentally believes that all roads, especially resource roads, should be considered a public asset and therefore should be retained for the use by all British Columbians. AME BC believes that government should be developing stronger policies around road stabilization and limited liability, and that road deactivation should be undertaken only as a last resort. AME BC supports any efforts by government to provide additional information and opportunities for further review and input. Click here for a link to their submission.

California Clean Air Rules Could "Wipe Out" Hydro's Export Revenue
Carbon cap-and-trade regulations will boost cost to B.C. consumers: economist
By Gordon Hamilton, Vancouver Sun, January 4, 2012
California's new carbon cap-and-trade regulations, which came into effect January 1, will require BC Hydro's power exporting arm to buy costly carbon credits on its energy exports beginning in January 2013, likely wiping out Hydro's primary export market and increasing the cost of electricity to B.C. consumers in the process, a B.C. energy economist said Tuesday. Read more.

"Secret" Report Elevates Oilsands Fears
Contamination of a major western Canadian river basin from oilsands operations is a "high-profile concern" for downstream communities and wildlife, says a just-released "secret" presentation prepared last spring by Environment Canada that highlighted numerous warnings about the industry's growing footprint on land, air, water and the climate.

The warnings from the department contrast with recent claims that were made by Prime Minister Stephen Harper and Environment Minister Peter Kent that the industry is being unfairly targeted by environmentalists who exaggerate its effects on nature and people. Read more.

Family, Wills & Estates News:

New Child Support Tables in Effect:
(As posted by John-Paul Boyd, JP Boyd's BC Family Law Resource, the Blog)
Brand new child support tables came into effect on December 31, 2011, just in time for the new year. As discussed in my post "New Child Support Tables for 2012", the new numbers aren't terribly different than the old and lots of payors will see their child support obligations actually decrease.

The new tables are available in the version of the Child Support Guidelines presently published by the Department of Justice. You can also use the Department's nifty child support calculator based on the new tables.

Project To Study Common-Law Tests of Mental Capacity
The British Columbia Law Institute is about to commence a large-scale project to study common-law tests of mental capacity. It is basic law that mental disability or illness does not, in and of itself, leave a person incapable under the law to carry out transactions, enter into relationships, or manage his or her affairs. The law's focus is on the degree of mental disability or illness. If a person's mental illness or disability exceeds in degree a legal threshold, then that person will be considered incapable in the eyes of the law. This legal threshold is commonly called a test of capacity.

There is no single, global test of capacity. Instead, the law has developed many different tests of capacity, each geared to specific types of transactions or relationships. View the article published by the British Columbia Law Institute.

Legal-Aid Funding Increased by $2.1 Million
Annual legal-aid funding will rise by $2.1 million to assist families with emergency custody or access matters, the Ministry of the Attorney General announced Friday. The additional funding – which brings legal aid funding in B.C. to $68.6 million – will also help parents with children in the custody of the Ministry of Children and Family Development who cannot afford legal services, the ministry said in a statement. Funding will be made available "through efficiencies" in the ministries administrative resources, it said. Read more.

Forest and Environment News:

Publication of Fines in Forest Industry
The Vancouver Sun recently launched a freedom-of-information request related to compliance-and-enforcement action taken against logging companies over the last five-year period in the Quesnel and Prince George forest districts, part of a lengthy investigation by The Sun into salvage logging of pine forests. To view the full package of documents released to The Sun through freedom of information, visit here. Source: The Vancouver Sun.

Regulating the Road Less Travelled
BC has laws governing mining roads, other laws governing forestry roads and still other laws governing oil and gas roads. And historically there's been no real coordination between the companies building these different roads. As a result, BC has an estimated 400,000 to 550,000 kilometres of unpaved resource roads (the government itself doesn't know how many, and where they're all located). West Coast Environmental Law recently submitted their comments on BC's proposed Natural Resource Roads Act – a piece of legislation intended to better coordinate, and standardize the rules for the building and maintenance of resource roads. Click here to view full article as published by West Coast Environmental Law.

Health News:

Contract for Oil and Gas Public Health Engagement
A contract has been awarded to the Fraser Basin Council (FBC) for the first phase of a human health risk assessment of oil and gas development in northeast British Columbia.

This first phase will consist of a public and stakeholder engagement. Local citizens and interested groups will be able to contribute their concerns and experiences with resource development in British Columbia's northeast.

The full risk assessment will be made up of three phases:

• Phase one: public engagement to inform the scope and terms of reference and identify concerns relating to oil and gas development.
• Phase two: A human health risk assessment based on findings from phase one and a comprehensive scientific review of evidence.
• Phase three: Reporting findings to the Province, stakeholders and the public.

Click here to view the full government news release.

Regulating "Best Before" Dates
You've opened up your fridge to find a tub of unopened yogurt with a Best Before date that says it expired three days ago. Would you toss it out? Most of us would. After all, "when it doubt, throw it out", we've all been told. In fact, though, you would likely be throwing away perfectly good food. As long as that yogurt had been stored properly since being bought, it would still be good a few days after its Best Before date. The same is true with milk, cheeses and countless other foods.

In a bid to cut down on some of this waste, the British government brought in new guidelines last September to clarify freshness dating and to educate the public on what Best Before dates mean and don't mean. The government would like food makers to stop using Sell-By or Display Until dates, which they found were really just meant for stock control reasons. The Waste and Resources Action Programme (WRAP) found that consumers were reading the labels and becoming confused about what they meant, leading to some of the unnecessary waste. The British government would like food to be labelled with one date only – either a Use By date or a Best Before date. Use By labels would only apply to foods that could become unsafe to eat after the specified date. It will go on such foods as soft cheeses, meat, fish, eggs and ready meals. Best Before dates, on the other hand, will indicate only that the product is no longer at its best, though it would still be safe to consume. View the entire article by CTV.

Labour, Company and Finance News:

Legislation Roadblocks Threaten to Delay Death of HST in B.C.
The B.C. Liberals' pledge to cancel the HST by March 2013 is at risk of being delayed, which means the tax could be an election issue in the next provincial vote, scheduled for May of that year.

Responding to questions asked by The Vancouver Sun under the Freedom of Information Act, the provincial government said its estimated timeline to end the harmonized sales tax and replace it with a provincial sales tax could be hampered because of the complexities of rebuilding the system by introducing new legislation; the time required to install a new computer and software systems; the time required to hire extra staff and train them; the time it would take to contact affected businesses; and developing education resources about the new system for businesses. Read more.

Pensions Will Challenge Labour in 2012
Employee pensions promise to dominate British Columbia's labour landscape in the coming year, according to Vancouver employment lawyer Larry Page.

"Given demographics, and the increasing percentage of the population nearing retirement, I see this as the major issue to be dealt with by employers, union and non-union, but particularly for large employers in the private sector," Page said in an interview, where he was asked to name the top five labour issues facing B.C. employers in 2012.

Human rights disputes involving perceived disabilities, social media in the employment setting, off-duty criminal conduct by employees, and workplace bullying and harassment also made the list. Read more.

Supreme Court Rejects National Securities Regulator Plan
The federal government's ambitious plan to set up a single national securities regulator has been dealt a severe blow by the Supreme Court of Canada, which ruled Thursday that Ottawa's proposed legislation is unconstitutional. In a ruling that is bound to disappoint Ottawa, Ontario, and several business groups, the Supreme Court held that oversight for the investment industry fits squarely within the "property and civil rights" powers that are assigned to the provinces by the Constitution Act of 1867. Read more.

Local Government News:

B.C. Raises Threshold of Homeowner Grant
British Columbians who own homes worth up to $1.285 million may be eligible to receive the entire homeowners' grant this year, after the Province raised the threshold to accommodate rising property values.

BC Assessment estimates the value of all homes based on their market value on July 1 each year. The Province then reviews the information and adjusts the threshold of the homeowner grant to make sure at least 95.5 per cent of eligible homeowners receive the full amount. Those with homes valued above the threshold may still be eligible for a partial grant. View the full news release.

2012 Assessment Roll – Provincial Facts and Statistics
BC Assessment released statistics based on the 2012 Assessment Roll. Here is a sample:

• Total number of properties on the 2012 roll is 1,917,394, a 0.75% increase from 2011.
• Total value of real estate on the 2012 roll is $1,106,710,671,771, a 6.42% increase from 2011.
• Total amount of "non-market change", including new construction and development: approximately $14.69 billion, a slight increase of 0.19 per cent from the 2011 roll at $14.66 billion.
• In B.C., approx. 87.7 per cent of all properties are classified with some residential (Class 1) component. This equates to approximately $850 billion of the value on the total provincial roll.
• Over 98.4 per cent of property owners accept their property assessment without proceeding to a formal, independent review of their assessment.

For the full statistical results by BC Assessment, click here.

Office of the Fire Commissioner (OFC) – Provincial Mobilization Plan –
Opportunity for Feedback from LGMA Members
(Source: LGMA)
The OFC is requesting the LGMA's assistance in obtaining additional feedback and comments on the draft User Manual document which is intended to guide local government and fire services staff through the process of requesting or providing fire services resources for "out of jurisdiction" deployments. It is intended to replace the "Interim Policy Guideline for Fire Services Resources 2011". Click here for more information.

Miscellaneous News:

Society Act – Discussion Paper Invites Feedback
A new discussion paper on the Society Act invites discussion on the governance of B.C. societies and possible directions for reform.

The Province launched a review of the Society Act in 2009 to identify legislative obstacles that may be preventing societies from operating most effectively and to ensure continued protection of the public interest.

The Society Act outlines the rules that govern B.C.'s more than 26,000 societies. Societies are non-profit corporations organized primarily for social purposes. They make valuable contributions to B.C.'s families and communities, ranging from small community-based organizations to large charitable foundations.

Legislation is targeted for 2013 at the earliest. The official deadline for submissions is April 30, 2012. Click here to read the government news release.

2011 Practice Checklists
The Law Society recently announced that the practice checklists have been updated and are available in the Practice Resources section of the website in Word and PDF formats. The updates reflect statutory amendments, new case law and changes in practice, and are current to the date indicated at the beginning of each checklist. See 2011 highlights for an overview of changes since the last publication, or refer to the individual checklists for more details.

Motor Vehicle News:

Groups Await Changes to B.C.'s New Drunk-Driving Laws
Supreme Court ruled last month that legislation doesn't allow for proper appeals
By Darrell Bellaart, Daily News, January 3, 2012
Nanaimo lawyers, anti-impaired driving crusaders and drivers whose licences were suspended are all watching to see how government addresses constitutional problems identified with British Columbia's impaired driving laws.

Impaired driving laws introduced in September 2010 made it easier for police to get impaired drivers off the road. More than 23,000 B.C. drivers have been convicted under the new laws, reducing highway deaths.

Drivers are now contacting lawyers to petition the courts to lift driving prohibitions and recover costs such as fines and installation of vehicle ignition lock devices. Click here to view full story as reported by Daily News.

Real Estate & Builders Lien News:

Changes to Strata Property Act
On December 14th, B.C. Reg. 238/2011 brought into force a number of sections of the Strata Property Amendment Act, 2009 (Bill 8). Among other changes, section 35 was amended by adding (2) (n.2), requiring strata corporations to retain copies of

"any reports obtained by the strata corporation respecting repair or maintenance of major items in the strata corporation, including, without limitation, engineers' reports, risk management reports, sanitation reports and reports respecting any items for which information is, under section 94, required to be contained in a depreciation report."

B.C. Raises Threshold of Homeowner Grant
British Columbians who own homes worth up to $1.285 million may be eligible to receive the entire homeowners' grant this year, after the Province raised the threshold to accommodate rising property values.

BC Assessment estimates the value of all homes based on their market value on July 1 each year. The Province then reviews the information and adjusts the threshold of the homeowner grant to make sure at least 95.5 per cent of eligible homeowners receive the full amount. Those with homes valued above the threshold may still be eligible for a partial grant. View the full news release.