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.

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.

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.

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.

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.