Energy and Mines News:

MABC Supports Federal Commitment to Streamline Review Process for Mining Projects
The Mining Association of British Columbia (MABC) commends the federal government for the commitment shown in today's budget to modernize the review process for resource projects based on the principle of "one project, one review". The MABC is also pleased to see the commitments to invest in aboriginal training and education, and changes to the immigration rules, both of which will support the industry's growing labour needs.

With new and expanding mining projects proposed across BC, it is timely for the federal government to propose to modernize the review process for major economic projects. The goal of establishing clear timelines and reducing duplication and regulatory burden can be expected to improve Canada's competitiveness in the resource sector, help create jobs and ensure the environment is protected. Read the MABC news release.

New Rules Proposed for U.S. Power Plants
The U.S. Environmental Protection Agency proposed on Tuesday a rule to cut carbon dioxide emissions from power plants. The EPA Proposal will effectively require any new coal-fired plants to incorporate carbon capture and storage ("CCS") equipment. The proposal does not affect currently operating plants, or plants that already have permits and begin construction within 12 months. View the full article by Michael Styczen, P.Eng with Davis LLP.

Family, Wills & Estates News:

A New Incapacity Planning Tool: The Advance Directive
In 2011, the Health Care (Consent) and Care Facility (Admission) Act (the "Act") was amended to provide adults with the opportunity to plan for their incapacity through a new tool called an "advance directive". An advance directive is a written document that contains an individual's instructions in respect of the health care treatments that they consent (or refuse) to receive in the future. The directive becomes effective once the individual is no longer capable of making their own independent decisions relating to health care. View the full article by Areet Kaila, with Clark Wilson LLP.

Court of Appeal Releases Important Decision on Mobility
The Court of Appeal has just released a very important decision on mobility issues which will be required reading for anyone involved with such a problem, at least until the Family Law Act comes fully into force. In R.E.Q. v. G.J.K., the court provides an important review of its key mobility decisions over the last ten years and offers a stinging critique of the convoluted manner in which the law has evolved following the Supreme Court of Canada's landmark decision in Gordon v. Goertz. Read the full article posted by John-Paul Boyd on JP Boyd's BC Family Law Resource.

PGT Releases 2010/2011 Child and Youth Guardianship Services Report
The Public Guardian Trustee of British Columbia (PGT) recently released the third annual report on its child and youth Guardian of Estate services, detailing challenges and actions for improvements to Guardian of Estate services. View the full news release.

Forest and Environment News:

Natural Resource Compliance Act Now in Force
The new Natural Resource Compliance Act, c. 21 [SBC 2011] came into force by B.C. Regulation 38/2012 on March 8^th. Originally introduced in October of 2011, this new law intends to make it easier for compliance and enforcement officers to hold offenders accountable for violating natural resource legislation.

Confused About Resource Road Policy Direction?
Given discussions and developments around drafting a new Natural Resource Road Act (NRRA) and with WorkSafeBC's Resource Road Compliance initiative underway (and proceeding along Phase 2), a lot of us are wondering what direction resource roads are headed, especially with respect to safety management policies. It's fair to say there are a lot of unanswered questions, since many of the key decisions have not yet been made. But there are a few things happening that can shed some light on developments, and possibly the direction moving forward. These are some of the items discussed in a recent notice published by the BC Forest Safety Council. Click here to view the article in Rumblings.

Park Legislation Change Raises Concerns About Use
A section tucked away in an omnibus bill introduced in the legislature this session is raising fears that the government wants to reduce public consultation and competition on park uses.

The proposed legislation "eliminates the requirements for advertising an intention to issue a park-use permit or resource-use permit and obtaining the approval of a committee before issuing the permit," say explanatory notes on the bill.

Permits are required when private operators organize activities, from guided hikes to research, in parks. Read more.

Changes to Federal Fish Habitat Legislation
Critics accuse government of gutting fish protection
The Harper government is planning to gut federal laws intended to protect fish habitat, making it easier for projects like Enbridge Inc.'s Northern Gateway pipeline to clear federal hurdles, according to a retired fisheries biologist who obtained the information from a government source.

Proposed new wording would prohibit activity that would cause an "adverse effect" on "fish of economic, cultural or ecological value", whereas the current law bans activity that results in the "harmful alteration, disruption or destruction of fish habitat", according to the information leaked to Otto Langer. Read more.

Liberals 'Sneaky' with Grab-Bag Legislation
The BC Liberals recently introduced Bill 25, an omnibus bill to change 10 BC laws from aboriginal relations, crop insurance, local government, to the Parks Act. In recent years, the Liberals have used the cover of grab-bag miscellaneous bills to pass controversial changes to the Elections Act, the Police Complaint Commissioner Act and other laws. Environment Minister Terry Lake takes issue with comments about the Parks Act amendments being "sneaky." Read more.

Minister Costing Logging Jobs, Critics Say
BC Forests Minister Steve Thomson has overruled recommendations from his own advisory board on log exports dozens of times in the past three months, electing to send millions of dollars worth of raw logs to Asia rather than local mills.

The minister's decisions effectively put logging profits ahead of jobs in BC mills, says a forestry executive whose bid for coastal logs was approved by the minister's Timber Export Advisory Committee but quashed by the minister. Read more.

Health News:

Lights Out for Youth Tanning
BC bans minors from using commercial bronzing beds, unless prescribed by a doctor
Spray tans, tanning lotions and bronzers will soon be the go-to options for teens seeking that California glow after the BC government announced plans Tuesday to bar children under the age of 18 from using tanning beds.

Health Minister Mike de Jong said minors will be restricted from using commercial tanning beds unless they're provided a prescription by a medical doctor. View the Vancouver Sun article.

BC's Chief Medical Officer Latest to Support Legalizing Pot
"It should be regulated"
Dr. Perry Kendall, BC's chief provincial medical health officer, has joined four former Vancouver mayors and four former BC attorneys-general in calling for an end to the criminalization of marijuana.

Kendall and Nova Scotia chief medical health officer Dr. Robert Strang issued a statement today calling on the federal government to enact a health-based strategy towards cannabis. Ottawa should also evaluate taxation and regulation strategies instead of continuing an "ineffective" drug law enforcement approach, they said.

"The fact cannabis is illegal doesn't diminish access rates. The so-called war on drugs has not achieved its stated objective of reducing rates of drug use. It's universally available in BC and the supply is controlled largely by criminal enterprise," Kendall told The Vancouver Sun. Read more.

New Legislation To Train Nurses to Become Nurse-Anesthetists?
BC health authorities are seeking an interim injunction today to ensure patients can access the care they need in light of threats by the BC Anesthesiologists' Society to withdraw services next week. Dr. Robert Halpenny, CEO and president of Interior Health, said the threats have created confusion for surgeons and other front-line staff about whether anesthesiologists will fulfil their "ethical and legal obligations to provide patient care as we would expect them to do next week." View the full article in The Vancouver Sun.

Labour, Company and Finance News:

Supreme Court of Canada to Consider Random
Alcohol Testing in the Workplace
The Supreme Court of Canada has granted the union leave to appeal in the Irving Pulp & Paper case, in which the New Brunswick Court of Appeal decided that an employer can conduct random alcohol testing of employees in safety sensitive positions in an inherently dangerous workplace, without having to show a pre-existing alcohol problem. The facts of the case are as follows:

• the employer adopted a policy of mandatory alcohol testing for employees in safety sensitive positions;
• the workplace in question used hazardous materials, including a pressure boiler that could potentially explode, and was located in a city and near water bodies;
• a computer randomly selected employees in safety sensitive positions to be tested by breathalyser;
• the testing was mandatory, unannounced and positive results could result in sanctions;
• an employee who did not drink for religious reasons was selected for testing and subsequently grieved the alcohol testing policy.

The majority of the arbitration board applied a balancing of interests approach, taking into account the employer's right to make workplace rules and an employee's right to privacy. View the full article published by Davis LLP.

Employment Standards Leaves
The Employment Standards Act requires employers to grant unpaid pregnancy, parental, family responsibility, compassionate care, reservist, bereavement and jury duty leave.

Providing the time off is just the start of the employer's obligations. Employees on leave continue to "earn" the following, as if they were at work:

• length of service credit;
• vacation credit;
• pension credit; and
• insurance plan benefits.

The employer must recognize increases in wages and benefits, such as benchmarks for wage increases or qualification periods for benefits being reached during the leave. View the full article by Jillian N. Humphreys.

Is a Disrespectful and Inflammatory Letter
Enough to Terminate?
An employee, unhappy with her employer's criticism of her performance at work, retains legal counsel to write a letter on her behalf, demanding that the employer retract statements made about her and issue an apology. The letter threatens legal action if an apology is not provided. Does the letter constitute a resignation if the apology is not provided? If not, is the employer entitled to terminate the employee's employment for cause? Read more.

Local Government News:

Update on Auditor General For Local Government Act
Bill 20, Auditor General For Local Government Act, achieved Royal Assent on March 29, 2012. The controversial Bill will come into force by regulation.

New Logo NoteBook Newsletter Published
The firm of Stewart McDannold Stuart recently published a series of articles concerning local governments. The following topics are discussed:

• The Vantreight Case: Court of Appeal Addresses the Requirement for Consistency between Official Community Plan and Zoning Bylaw
• The Importance of Liability Waivers in Recreation Programs
• Office of the Information and Privacy Commissioner - Order F11-33; Access to Employee Severance Agreements
• Recent Changes to Freedom of Information and Protection of Privacy Act
• The Consequences of Failure to Consult with and Accommodate First Nations
• Important New Conflict of Interest Case for Elected Officials

Supreme Court Affirms Broad Municipal Discretion to Set Tax Rates
The story of Catalyst Paper over the last few years has not been positive. It has closed facilities and shed costs in an attempt to regain profitability. More recently, it entered into agreements with its creditors to facilitate a restructuring of its debts.

One way that it attempted to cut costs was by carefully managing and reducing its property taxes. In 2009 it commenced judicial review against four British Columbia towns (Powell River, Campbell River, Port Alberni and North Cowichan) in an attempt to have its property tax rates in those towns reduced. Ultimately, it reached settlements in several municipalities, and closed its mill in Campbell River.

Catalyst Paper's dispute with North Cowichan, however, made its way to the Supreme Court of Canada, which last week ruled in favour of North Cowichan and upheld the district's method of setting property tax rates. View the article published by Michael Styczen with Davis LLP.

Miscellaneous News:

Animals Will Suffer Under Cruelty Law Amendments: SPCA
Proposed amendments to BC's animal cruelty legislation will see fewer creatures saved and fewer abusers punished, according to the provincial SPCA.

Bill 24, introduced Tuesday by Agriculture Minister Don McRae, would increase government scrutiny of SPCA operations and change the way animal owners appeal its actions.

Instead of contesting animal seizures in court, owners would appeal to the BC Farm Industry Review Board, which McRae says could be ready to hear cases this year.

But the SPCA says the proposed changes "have no benefit for animals" in the province and will make it more difficult to help animals in distress.

"We are fully in support of fairness and transparency and oversight through an appeal process," SPCA CEO Craig Daniell said. "Our fear is that the new system adds layers of bureaucracy which will mean fewer animals may be rescued from suffering and fewer animal abusers brought to justice." View the CTV article.

Mulgrew: Fragmented Legal System Makes it Difficult to Calculate the Real Costs
Another group of stakeholders and activists has come out swinging at the BC government's attempt to reform the legal system to control costs.

In a stinging 5-page letter, the Coalition for Public Legal Services called on Premier Christy Clark to prove her assertions that the expenditures for the system are exorbitant.

Quoting from the Liberal administration's own documents, the activists say funding for justice, be it Legal Aid or judges, has not risen dramatically in the last 5 years. See here for details.

Motor Vehicle News:

Private-Sector Investment Needed
to Meet Shipping Demand
The province needs $25 billion worth of investment in transportation infrastructure if it is going to meet the increased demand for shipment of goods through British Columbia's ports expected by 2020. And the bulk of that, $24 billion, must come from the private sector, Premier Christy Clark said Monday morning. The province will contribute the other $1 billion, $300 million of which it has already provided to projects such as the Prince Rupert Road Rail Utility Corridor, the improvement of roads and rail at Deltaport terminal and $85 million for the improvement for oil and gas-related rural roads. The remaining $700 million will be spent over the next five years to increase capacity on key provincial highways, Clark announced at Neptune Bulk Terminals in North Vancouver. However, details regarding which highways would be affected were not yet available. Continue reading here.

Real Estate & Builders Lien News:

Preparing For The Future: Depreciation Reports
Under the Strata Property Act
At the end of last year, the Provincial Government brought into force those sections of the Strata Property Amendment Act, 2009 dealing with depreciation reports. Strata corporations will now be required (unless they decide otherwise by way of a ¾ vote) to have a detailed report prepared by an approved individual at specified intervals setting out the condition of the common property, the expected lifespan of each component of it, the anticipated cost to repair those components and suggestions as to how to pay for doing so. View the full article by Shawn M. Smith with Cleveland Doan LLP.

Before You Sign the Contract, Take Note of
More Details Than Your Interest Rate
Getting a mortgage is a rite of passage for the aspiring homeowner. With banks offering record low interest rates and a huge range of competing mortgage products, understanding the details of the contract is critical.

Sarah Sangster signed a new mortgage last week. The musician and graphic designer just purchased a small condo in East Vancouver. It's her first purchase in the Vancouver market, though she has owned two other houses in Winnipeg.

On her third run through the process, Sangster was clear about what she was looking for from her bank when she went to them for a mortgage. Read the full article in The Vancouver Sun.

New Interest Rate Regulation
Effective March 20, 2012, the Interest Rate Regulation, B.C. Reg. 48/2012, introduced the following interest rates:

1. For the purposes of sections 8 (2) and 9 (2) of the Land Tax Deferment Act, the interest rate for the 6-month period beginning April 1, 2012 is 1.00% a year.
2. For the purposes of sections 8 (3.1) and 9 (5) of the Land Tax Deferment Act, the interest rate for the 6-month period beginning April 1, 2012 is 3.00% a year.

Proposed Strata Property Act Changes
Bill 30, Energy And Mines Statutes Amendment Act, was introduced on March 13^th and proposes to amend the Strata Property Act by amending the following sections:

• section 94 – clarifies when first depreciation reports must be submitted
• section 103 – requires strata corporations to distribute audited financial statements within 4 months of the fiscal year end except under certain conditions
• section 292 – authorizes the Lieutenant Governor in Council to make different regulations for different classes of lots or strata corporations
• section 292.2 is consequential to the amendment made to section 292 of the Act by this Bill

These sections will come into force by Royal Assent.