Energy and Mines News:

British Columbia's Mining Industry Hiring Requirements
to Exceed 16,700 over the Next 10 Years
Human resources challenges continue to threaten the future competitiveness of the BC mining industry. A combination of factors including the pending retirement of the baby boom generation, difficulties in attracting and engaging youth and an under-representation of diverse groups paints a challenging ten-year talent forecast. While the industry has taken tremendous strides in addressing these issues, finding experienced and skilled workers is becoming more difficult, and competition across sectors of the economy is increasing, according to a new report released by the Mining Industry Human Resources Council (MiHR) in partnership with the BC Mining HR Task Force.

The British Columbia Hiring Requirements and Available Talent Forecasts: Exploration, Mining, and Stone, Sand, & Gravel 2012 report shows cumulative hiring requirements of 13,300 under a baseline scenario, whilst an uptick in the BC mining industry could see this number rise to a need for 16,700 workers.

"Based on what we know today, that there won't be enough new entrants to the mining labour market to meet the projected needs" cautions Dr Martha Roberts, Director of Research at MiHR. "It will be essential for industry employers to be strategic and proactive in workforce planning to ensure the right people can be found when the skills and labour shortages are realized," adds Roberts. View the full article posted on MABC.

Ottawa Unveils New Coal-fired Plant Emissions Rules
The federal government has released final regulations for coal-fired power plants that eases the expected burden on utilities by allowing them to run their plants longer before having to replace them with lower-emission alternatives, and to average emission reductions among their plants.

The new regulations may force the closing of at least two coal-fired plants in Alberta by 2020 and prevent construction of one planned by Maxim Power Corp., unless the provincial government can reach an agreement with Ottawa to impose its own regulations while meeting overall federal targets. View the full article posted by the Globe and Mail.

Family, Wills & Estates News:

Mulgrew: BC's New Family Law Simplifies Splitting Up
Parenting plans and professional oversight aims to put kids first, keep parents out of court
Veteran Vancouver family lawyer, Craig Neville, says he's excited over the sea change about to occur in the way BC families fall apart.

On March 18, the 1978 Family Relations Act will be replaced by the Family Law Act and the provincial landscape of divorce and separation will change dramatically.

Billed as bringing family law into the 21st century, the legislation was the result of five years of extensive research and consultation. It is designed not only to transform how we split up but also to address a court system bursting at the seams.

It allows family matters to be resolved outside court, where appropriate, through agreements, mediation and parenting coordination. And it's the result of a convergence between Victoria's need to streamline the justice system and the desire of families to have quicker, cheaper ways to resolve their difficulties.

The vast majority of family law cases are resolved without the courts but a small minority of disputes involving financial and parenting issues take up an inordinate amount of time – especially when one or both parents don't have a lawyer.

The new law is an attempt by the Legislature to help parents and address the access to justice concerns of recent years, especially around the increasing number of self-represented litigants. Read more.

What is a Fiduciary and When do You Become One?
You may have heard the term "fiduciary" many times, but what does it mean exactly? The term "fiduciary" originates from the Latin word fiduciarius, meaning "holding in trust". According to Black's Law Dictionary, a fiduciary is a person who is required to act for the benefit of another person on all matters within the scope of their relationship, and one who owes to another the duties of good faith, trust, confidence and candour. Since fiduciaries are bound to act in the best interests of their beneficiaries, they must avoid personal interests that may have a negative impact on their beneficiaries' interests and focus solely upon their duties to their beneficiaries. As such, our courts over the years have strictly enforced "no conflict" and "no profit" principles of fiduciaries.

When does a person (or organization) become a fiduciary? Certain relationships have traditionally been recognized as subject to the duties and obligations imposed upon fiduciaries. These traditional categories include, amongst others, trustee and beneficiary, solicitor and client, principal and agent, and director and company. View the full article by Lauren Liang with Clark Wilson LLP.

Is a General Power of Appointment in a Will Valid?
Deciding how your estate should be distributed after your death is not an easy task, so one can see why a will-maker might want to avoid this difficult decision by including a power of appointment in their will. A power of appointment is a power given to a person to select who shall receive an interest in property. The power can be general (the property can be given to anyone) or special (the property can be given to a limited class of people). Read the full article by Areet Kaila with Clark Wilson LLP.

Forest and Environment News:

The Forestry Law Reporter, Volume V, Issue I
The next issue of The Quickscribe Forestry Law Reporter by Jeff Waatainen with Davis LLP is now available. This issue provides a summary of this year's legislative change as they relate to the Forest sector in BC. View the Reporter.

Pulp Function: Ford and Weyerhaeuser Collaborate to Develop
Automotive Applications Using Natural Fiber Materials

• Ford's investigation into the use of tree fibers called cellulose in plastic composites has shown using the fiber in automotive applications could significantly reduce CO₂ emissions and weight, while speeding processing time by as much as 40 percent
• Ford has worked with Weyerhaeuser – one of the largest forest products companies in the world – to prove out a more sustainable plastic composite material for future Ford vehicle components
• Ford already uses a variety of sustainable materials throughout its lineup, including soybean-based cushions and head restraints that save about 5 million pounds of petroleum annually

Cellulose joins the growing list of sustainable materials originating from unlikely sources that could soon be used in Ford vehicle components and help further reduce the automaker's reliance on traditional content such as fiberglass and petroleum. The Ford biomaterials research team has been working with forest products leader Weyerhaeuser (NYSE: WY) to investigate the use of a plastic composite material utilizing cellulose fibers from trees in place of fiberglass or mineral reinforcements. View the full article posted by North America Business Review.

First Nations Forestry Businesses Receive $400,000
First Nation forestry businesses throughout British Columbia will continue to receive the technical support they need to succeed, thanks to an additional $400,000 provided by the government of BC.

The First Nations Forest Sector Technical Support Program helps First Nations develop new and existing forest-related businesses by providing technical advice and hands-on expertise. The program supports job creation, community development, market development and improved economic well-being.

Started in 2010 in a partnership with FPInnovations and the federal government with a total commitment of $1.2 million, the program has exceeded initial targets and engaged with more than 50 First Nations. As a result of the program:

• Twenty businesses have been created, maintained or expanded.
• More than $1.3 million in new capital investment in manufacturing capacity has been identified.
• Forty jobs have been created or maintained.

View the government news release.

Bill C-38 Amendments to the Fisheries Act:
A New Environmental Era in Canada?
Arguably the federal Fisheries Act is the most powerful and regularly applied environmental legislation in the country. It is Canada's oldest conservation law. It was first passed in 1866 in order to deal with sawdust which was polluting the Ottawa River. Since then it has played a critical role in the management, protection and well-being of fisheries in Canada. The Fisheries Act respecting unauthorized habitat deterioration disruption and destruction ("HADD") came into force in 1977. The HADD provision has been routinely applied since that time in order to protect fish and fish habitat. A failure to comply with this prohibition may give rise to criminal liability. View the entire article prepared by Tony Crossman and Daniel L. Kiselbach, Partners, Amanda Baron, Articled Student, Environmental Law Group, Miller Thomson LLP.

Environmental Assessment Office Implementing
Auditor General's Recommendations
British Columbia's Environmental Assessment Office (EAO) has implemented four of the six auditor general's recommendations aimed at increased project oversight and will complete action on the remaining two within seven months, Environment Minister Terry Lake announced [on September 30th].

"Our goals are to ensure that the EAO is independently and objectively confident that the conditions set in certificates are effective in preventing or mitigating adverse effects and that those conditions are being met," Lake said. "The work that the EAO is doing to meet these goals addresses and goes beyond the audit report's recommendations."

Actions that exceed the auditor general's recommendations include developing a continuous improvement program that evaluates the effectiveness of environmental assessment certificate mitigation measures to inform future environmental assessments. As well, the EAO is incorporating best practices from leading jurisdictions around the globe into its compliance and enforcement strategy. View the full government news release.

Health News:

More BC Supermarkets Hit by Beef Recall
Hundreds of products from XL Foods recalled because of E. coli contamination
The list of BC supermarkets and products affected by the XL Foods beef recall has grown once again after the Canadian Food Inspection added at least six new BC retailers to the growing list on [October 4th].

There are more than 1,500 products affected by the recall across Canada because of concerns of possible E. coli contamination at the Alberta meat processing plant. Products have been recalled in at least 40 U.S. states as well.

So far, there have been no cases of E. coli linked to the recall detected in BC, but there have been five confirmed cases of E. coli illnesses in Alberta associated with the XL Foods plant. Four other E. coli cases are being investigated. View the CBC article.

Rules Keep Needy BC Kids from Affordable Eyeglasses
Province won't allow subsidized parents to buy less expensive glasses online
A single father is speaking out about rules that prevent him and thousands of other low income BC residents from getting subsidized, affordable eyeglasses.

"There shouldn't be any [government] restriction on where to buy glasses," said Chris Van Dyke. "There must be many, many children and elderly that are living without the proper eyewear."

Van Dyke is raising his teenage son and daughter alone, on a fixed income. The province gives subsidies – between $118 and $179 per pair – to needy families for glasses, but recipients have to pay the difference in price out of their own pockets.

"The quotes I got in store were between $750 to $1,000 dollars for glasses for all three of us," said Van Dyke. "It means the difference between going further into debt. Putting groceries on the table." View the CBC article.

Celebrating the Anniversary of the Smoking Cessation Program
Since BC's Smoking Cessation Program launched a year ago on September 30, 2011, 149,899 orders for smoking cessation products have been placed through HealthLink BC.

The program is easily accessed by calling 8-1-1, available 24 hours a day, seven days a week, and aims to help British Columbians stop smoking by assisting with the cost of smoking cessation aids. Once in each calendar year, BC residents enrolled with the Medical Services Plan can receive PharmaCare coverage for a single continuous course of a prescribed smoking cessation drug or a free 12-week supply of nicotine replacement gum or patches.

Between September 30, 2011 – the program's launch date – and September 30, 2012, 149,899 orders were placed for free access to nicotine replacement therapies (NRTs) through 8-1-1. As well, over 40,000 people have obtained a prescription for a smoking cessation drug while visiting their physician for another reason. View the government news release.

Labour, Company and Finance News:

Restrictive Covenants – Employer Obligations, Litigation, Termination
In this 1st of a three-part series, Donovan Plomp with McCarthy Tetrault discusses restrictive covenants.

The start of an employment relationship is, in some respects, like the start of a romantic relationship. Seasoned executives become giddy with the prospect of a new love, er, recruit. "He/she is perfect! I want him/her to start tomorrow!" they say to their employment lawyer. To which we say (among other things): "Do you want the employment agreement to have a restrictive covenant?"

"Weren't you listening? I said they are perfect! And starting tomorrow! Why do we need that?"

In fact, you don't need a restrictive covenant for most employees. In certain circumstances, however, you may be particularly vulnerable. For instance, the employee may have or be expected to develop special relationships of confidence and trust with other key employees, customers or suppliers, making your business vulnerable to the employee soliciting them after termination of their employment. The employee may have, or develop, special knowledge and relationships critical to your business, such that the employee could easily compete after departure. More of this and other articles can be found in the British Columbia Employer Advisor.

Employee Termination and the Importance of Being Fair
Employers should take note of the recent jury decision in Higginson v. Babine Forest Products Ltd., which illustrates the importance of treating employees fairly when they are let go. It also demonstrates that long term employees can be entitled to very large rewards for their length of service.

In the Higginson case, a jury awarded an employee, Larry Higginson, about $800,000 in compensation from his former employer, Babine Forest Products Ltd. ("Babine"). View the full article by Daniel Sorensen, British Columbia Employment Lawyer Blog.

BC Privacy Commissioner Curbs Use of Criminal Record Checks
Criminal record checks and police information checks are often used by employers as a screening tool for new employees, and are even used when employees move to new positions. However, the collection and use of such checks is subject to both privacy and human rights considerations. In an investigation report released on July 25, 2012 by the Office of the Privacy Commissioner for British Columbia (the "OPIC Report"), the use of employment-related criminal record checks and police information checks by the Government of British Columbia was criticized by the Privacy Commissioner.

The BC government and other public bodies are subject to the Freedom of Information and Protection of Privacy Act ("FIPPA"). FIPPA defines "personal information" as "recorded information about an identifiable individual other than contact information". The collection, notification, use and retention of personal information by a public body must comply with FIPPA. View the full article published by the Employment and Labour group with Clark Wilson LLP.

Local Government News:

Stewart McDannold Stuart Released their Fall 2012 Logo Notebook
Issues include:

• Public Hearings and the Duty to Disclose Reports
• The Duty to Consult First Nations in Relation to the Incorporation of Municipalities
• Claim for Abuse of Public Office Rejected
• Payments in Lieu of Taxes: New Supreme Court of Canada Judgment
• Latecomer Bylaw Upheld in Court of Appeal
• Stop the Clocks: The New Limitation Act and Its Effect on Local Governments
• Consistency Revisited: Sevin v. Prince George (City)

Municipalities Narrowly Oppose Pipeline Projects
Vote reflects oil tanker traffic fears
Just over half of BC municipalities voted in favour in September of opposing pipeline projects across the province, over fears they would boost oil tanker traffic and raise the risk of a catastrophic spill on the west coast. Some 51.3 per cent of delegates at the Union of BC Municipalities supported the resolution, put forward by Saanich, which called for the premier and official Opposition to use "whatever legislation and administrative means available to stop expansion of oil tanker traffic along BC's coast."

"We rely solely and wholly upon the oceans for its many resources," said Skeena-Queen Charlotte regional district director Des Nobles. "It allows us to sustain ourselves despite the economic (situation)." The resolution comes as Enbridge is embroiled in a review process on the potential environmental effects of its proposed Northern Gateway pipeline to Kitimat. At the same time, Kinder Morgan hopes to expand its Trans Mountain pipeline, which runs from northern Alberta to Burnaby. View the full story in the Vancouver Sun.

New SMS Bulletin – Neskonlith Indian Band v. Salmon Arm
The Court of Appeal has upheld the lower court's ruling in this case that local governments do not have a legal and constitutional duty to consult with and accommodate First Nations before issuing development permits. For more information, read the SMS Client Bulletin.

Local Governments to Have More Say on Transit
Local governments will be given more say in BC Transit decisions, and may even one day appoint members to sit on the board, under new measures aimed at strengthening the partnership between the two parties. Transportation Minister Mary Polak said the provincial government has endorsed the 18 recommendations in an independent review on BC Transit's performance and operations and is taking "incremental steps" to bring them to fruition. This includes increasing the number of board directors and allowing local governments to nominate members to sit on the BC Transit board and transit commissions. Read more.

Keep Drug Law Conversation Alive, Say Advocates
While BC municipalities back marijuana decriminalization, others argue it should go further. With a majority of municipal leaders across the province throwing their support behind marijuana decriminalization on September 26th, drug policy advocates are renewing their call for an end to the policing, imprisonment and social stigma against drug users – what advocates label a "war on drugs." View the full article in The Tyee.

Miscellaneous News:

Save the Date: Law that Sets Civil Suits
Time Limits to Change – Limitation Act
BC's new law that sets the amount of time people have to file civil lawsuits will come into effect June 1, 2013.

When it comes into force, the Limitation Act will set out new limitation periods. There will be a single, two-year limitation period for most civil claims, such as those that involve personal injury. Also, there will be an ultimate limitation period for legal matters that may not be discovered right away, in which case people will have up to 15 years to file most civil lawsuits. Read the full government news release.

Advocacy Group Files Complaint over BC's Record
on Freedom of Information Requests
The British Columbia government responds to nearly a quarter of all requests under freedom-of-information laws by insisting it has no records to offer, according to statistics compiled by a group that argues the dramatic increase in such cases raises serious questions about public accountability. The B.C. Freedom of Information and Privacy Association filed a complaint [in September] with the province's information and privacy commissioner, suggesting the trend is either a sign the province isn't releasing all the information it could or, worse, a symptom of a government that avoids keeping records to skirt the law. View the full article in the Globe and Mail.

NDP Leader Will Loosen Spirits Laws
Artisan distillers could sell direct, cut markup by distribution branch
BC should make it easier and cheaper for small-scale distilleries to sell their whisky, gin and other spirits, NDP leader Adrian Dix says.

"We have an opportunity to grow a distinctly BC industry here," Dix said Wednesday, pointing to the success of BC's wine industry when its rules were similarly changed in the 1980s.

An NDP government would allow artisan distilleries to make direct sales to restaurants and liquor businesses, as well as cut the markup charged by the province's Liquor Distribution Branch, Dix said.

"We have a model that worked for wine and can work for spirits," Dix said. There are seven artisan distilleries in BC, including three on Vancouver Island. Read more.

Changes to Income and Disability Assistance Take Effect October 1st, 2012
BC's most vulnerable families are getting a helping hand thanks to income and disability assistance changes that take effect [October 1st]. The changes, announced in June as part of the Families First Agenda, are designed to help vulnerable individuals and families attain better financial outcomes, assist people with disabilities to lead more independent lives, and help people capable of work avoid the cycle of income-assistance dependence. Some of the key changes that take effect today include:

• A $200 monthly earnings exemption for all expected-to-work clients to give employable individuals a chance to build job skills and experience, take advantage of short-term or temporary work, and better provide for their families while receiving assistance.
• An $800 monthly earnings exemption for individuals receiving disability assistance.
• An exemption of income tax refunds so individuals and families on income and disability assistance will be able to keep their full income tax refund without it affecting their benefits.
• Restoring a number of medically necessary medical equipment and supplies for clients on income and disability assistance, including ventilator supplies, bariatric scooters, orthoses and apnea monitors.
• Access to dental services for children of families on hardship assistance so parents can take their children in for regular dental checkups.
• An extension of income assistance to parents without legal status in Canada who are fleeing abuse and can't leave the country with their children.

Further changes will come into effect next year, including:

• Mandatory income tax filing rules for those on income and disability assistance – which comes into effect in spring 2013 – will ensure individuals and families are getting all the tax credits they are entitled to. Appropriate exemptions will be in place to protect anyone who may be exposed to risk, such as fleeing an abusive partner.
• Annualized earnings exemptions for individuals on disability assistance will provide the flexibility to calculate earnings on an annual basis, so that individuals with disabilities can maximize their earnings during times when they are feeling healthy and able to work.

View the full government news release.

Motor Vehicle and Traffic News:

Exclusions – Statutory Provisions – Use of Vehicle
Nye v. Insurance Corp. of British Columbia
The action by an owner ("Nye") of a 1998 Corvette which was severely damaged and written off after an accident at a motor track was allowed where the court found that the exclusion for damage caused where vehicles were used in a contest, show or race did not apply.

[2012] B.C.J. No. 1488, 2012 BCSC 1053, British Columbia Supreme Court, J.K. Bracken J., July 16, 2012

Nye purchased a 1998 Chevrolet Corvette and joined a Corvette owner's club in Victoria in 2010. Activities sponsored by the club included slalom and autocross events. Nye registered as a participant in a club event which was advertised as "Driver Training at Western Speedway". This event was not a competition although the rules of the event required each driver to wear a helmet and each vehicle to undergo a safety inspection before participating. The organizers set a track which consisted of turns, controlled stops and manoeuvres around a series of pylons. The speeds involved in driving the course were estimated to be in the range of 60 to 70 kmh. View the full article by Jonathan Meadows with Harper Grey LLP.

Legislation Change will Force Transit Fare Scofflaws to Cough up ID
A week after Translink closed a loophole that allowed people to avoid fines for freeloading, another one has been exposed – and now addressed.

B.C. Transportation Minister Mary Polak signed an order-in-council that changes transit legislation so those caught without a ticket will be forced to show ID to transit police.

The new rule went into effect September 7th, according to Kate Trotter, public affairs officer for the ministry. Read more.

CVSE Issues New Circular
Re: Tandem steer/tridem drive picker trucks to be allowed
shorter wheelbases and wider tridem axle spreads
Effective immediately, tandem steer/tridem drive picker trucks will be allowed to operate under permit with shorter wheelbases and longer tridem drive axle group spreads than those allowed under Appendix B of the British Columbia Commercial Transport Regulations. Section 5.3.9 of the Commercial Transport Procedures Manual will be amended accordingly. View the circular.

ICBC Fires Six Insurance Estimators for Breaking Protocol on Claims
Six insurance estimators at the Insurance Corporation of B.C. have been fired for breaking protocol when accepting claims.

The breach may have led to a boost in business for some Richmond auto body shops that developed "a close relationship" with the estimators, according to the province's auto insurer.

After an investigation dating back to last year, five of the workers were fired in September and one in March for accepting inspection reports for damaged vehicles over the phone.

"They were dismissed because they weren't following proper company policies and procedures when processing claims," said spokesman Mark Jan Vrem. Read more.

Real Estate and Builders Lien News:

Shrinking Family Sizes Bode Well for Canada's Condo Sector
Maybe the condo industry knew something revealed to the rest of us only [September 19th] – family sizes are shrinking.

Statistics Canada's census data showed a dramatic increase in one-person households, up 10.4% from 2006 to 2011. For the first-time, more households were comprised of couples without children than with children. Family size also shrunk, with the average number of children dropping from 2.7 in 1961 to 1.9 in 2011.

All of this seems to bode well for a condominium sector which demands its occupants accept smaller quarters than they are historically used to. View the full article in the Financial Post.