Energy and Mines News:

Oil, Gas Development Banned in BC's Sacred Headwaters
The BC government has confirmed a ban on oil and gas development in the Sacred Headwaters region of northwestern BC. "As part of a tripartite agreement, Shell Canada is immediately withdrawing plans to explore for natural gas in the Klappan by relinquishing its tenures," the province said in a release. "In addition, the Province of British Columbia will not issue future petroleum and natural-gas tenure in the area." A four-year ban on oil and gas exploration in the area expired December 2012. Click here to view the full CBC article.

Family, Wills & Estates News:

Early Consolidation of Family Law Act Now Available
Due to customer requests, we have made available an early consolidation of the BC Family Law Act Chapter 25 [SBC 2011] as it will look when it comes into force on March 18, 2013. The Act is only accessible via the blue Find Act/Regulation search field on the left navigation. We have made efforts to highlight the fact that this law is not yet in force. You’ll note that you will also be able to use Quickscribe’s PDF tools to print off all or parts of this Act on demand.

Out With the Old, In With the New: Changes to Plan for in 2013
The last few years have welcomed a range of important reforms affecting the practice of family law in British Columbia, including the new Supreme Court Family Rules, recalculated child support tables, the extension of the Notice to Mediate Regulation to family law matters and the expansion of the family law justice centre court model beyond Nanaimo. 2013 is going to be no different. In fact, in 2013 we are going to undergo reforms of a scope and magnitude not seen in the last thirty years. If the changes implemented in 2010, 2011 and 2012 were not your cup of tea, you are going to hate 2013. View the full article by JP Boyd on JP Boyd’s BC Family Law Resource The Blog.

The New Test for Capacity to Make an Enduring Power of Attorney
BC’s new Power of Attorney Act (the “Act”), which came into effect on September 1, 2011, brought with it a number of changes relating to the “enduring power of attorney”, which is a type of power of attorney that continues to be valid after the person giving the power becomes incapable of managing his or her own affairs. One of the changes in the new Act relates to the required capacity of the person giving the power (the “Grantor”) at the time the enduring power of attorney is made. In order to make a valid enduring power of attorney, the Grantor must understand the nature and consequences of the power of attorney. View the full article by Areet Kaila with Clark Wilson LLP.

Settlement of Wills Variation Claims Involving Minors
Under the Wills Variation Act of BC, a spouse or child of a deceased may apply to the Court to vary the deceased’s Will if the Will does not make adequate provision for the proper maintenance and support of the spouse or child. In some cases, adult beneficiaries and adult challenger(s) of the Will may agree amongst themselves to distribute an estate in a way that is different than that the deceased has directed in the Will without the necessity of a court application. But what if a minor is a named beneficiary in the Will? Can the challenger(s) of the Will reach an agreement with all the beneficiaries, including the minor, to distribute the estate differently than the terms of the Will direct? View the full article by Lauren Liang with Clark Wilson LLP.

Changes to Controlled Alien Species Regulation 94/2009
The BC government has amended the controlled alien species regulation to protect our environment, with tough fines for those who introduce invasive species into local ecosystems. The BC government has strengthened the regulation, acting on a previous commitment to ban the snakehead fish. All public comments received on the government’s policy paper supported strong action on this issue. Main measures include:

• Prohibiting the possession, breeding, release or transportation of high-risk aquatic species such as the snakehead. Releasing a live snakehead into local waters could result in a fine of up to $250,000.
• Requiring that no invasive zebra or quagga mussel, alive or dead, be present on boats or related equipment. Failure to clean mussels off boats or equipment could result in a fine of up to $100,000.

Supreme Court Holds Environmental Orders
Can Be Compromised in CCAA Proceedings
On December 7, 2012, the Supreme Court of Canada released its decision in Newfoundland and Labrador v. AbitibiBowater Inc. The Supreme Court held that orders issued by environmental regulators requiring the remediation of contaminated property can, if certain criteria are met, be characterized as monetary claims, and those claims can be subject to compromise in insolvency proceedings. This decision has important implications for commercial lenders, restructuring companies and stakeholders of companies that have historical environmental liabilities. View the full article published by Blake, Cassels & Graydon LLP.

Ban on Doctor-Assisted Suicides Outdated, Plaintiffs Argue
BC Court of Appeal asked to support doctor-assisted suicides
A number of plaintiffs are asking the British Columbia Court of Appeal to uphold a decision that struck down a two-decade-old ruling banning doctor-assisted suicides. A BC Supreme Court judge threw out the law last year but the federal government is appealing that ruling, arguing that a 1993 Supreme Court of Canada decision, a case involving Sue Rodriguez, was final. The plaintiffs behind the case that once included ALS patient Gloria Taylor, who died last year, say much has changed since 1993. Read CBC article.

BC Services Card to Replace CareCard
Starting February 15, 2013, and over the next five years, eligible British Columbians between the ages of 19 and 74 will be required to replace their CareCard with the new BC Services Card by renewing their enrolment in the Medical Services Plan. The current CareCard was introduced in 1989 and has not been significantly updated over the last 20 years. The new BC Services Card takes advantage of significant advances in technology since that time, to provide a more convenient and secure piece of identification with enhanced features to protect citizens’ personal information. The new card is more secure as it includes a photograph of the beneficiary, anti-forgery features, identity proofing and an expiry date. The card can also be combined with a driver’s licence and acts as photo ID – meaning one less card to carry. To get a new BC Services Card, eligible British Columbians can simply enrol when renewing their driver’s licence. People who do not drive can still enrol at the nearest location where driver’s licences are issued. Read full government news release.

Local Government News:

District Energy
The Continuing Legal Education Society of BC recently released the paper “District Energy: An Overview of Legal Issues” by Michael Hargraves, with Stewart McDannold Stuart. The purposes of this paper are several: to introduce the concept of district energy and some of its basic characteristics; to examine the legal authority available to municipalities in BC for establishing and regulating a district energy system; to discuss the options for financing a district energy system; and to examine the options available for compelling owners to connect. Click here to view the full article on the SMS site.

Islands Trust Council Asks Province to Invest in Ferries
Islands Trust Council is calling on the provincial government to keep the promise to treat ferries as an essential part of BC’s transportation infrastructure. Islands Trust Council, a local government responsible for the Southern Gulf and Howe Sound islands, is making four specific requests in a December 20 submission to the provincial government in response to the BC Coastal Ferries consultation process. “Ferries are lifelines for coastal communities and businesses; just like highways are in the rest of the province,” said Sheila Malcolmson, Chair of the Islands Trust Council. “The current approach to the marine transportation system is failing us and the future is predictable. As fares go up, ridership goes down, and as ridership goes down, fares go up yet again. As services get cut, coastal economies weaken further. This cycle of decline has to stop and the root of the problem lies with chronic provincial government underinvestment.” View full article by Islands Trust. 

Miscellaneous News:

Paralegals Pilot Project Aims to Reduce Price
of Legal Services, Increase Access to Justice
The Law Society, the Provincial Court and the Supreme Court of British Columbia have implemented a new pilot project that allows some paralegals to make limited appearances in court, a first in BC. “The Law Society’s Benchers are developing ways to improve the public’s access to more affordable legal services,” said Doug Munro, a policy lawyer with the Law Society. “Expanding the range of services paralegals can provide is one way of accomplishing this.” Until now, paralegals have not been permitted to appear in court on behalf of clients. Under the two-year pilot project beginning this month, designated paralegals have the right of appearance, subject to certain conditions, including:

• The pilot project is limited to family law
• In Provincial Court, paralegals may appear in the Cariboo/Northeast District and Surrey
• In Supreme Court, paralegals may appear in Vancouver, New Westminster and Kamloops
• Paralegals will primarily deal with non-contentious procedural applications

New Practice Directions – January 1, 2013
Chief Justice Bauman issued three new practice directions [in December]:

PD-38 - Request for Assignment of Judge – Insolvency Proceedings
This Practice Direction sets out the procedure and electronic form to be used by a party or counsel making requesting the assignment of a judge in insolvency proceedings.
PD – 39 – Model Discharge Order
This Practice Direction prescribes a model form of order for the discharge of a receiver appointed in a proceeding pursuant to the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 and to section 39 of the Law and Equity Act, R.S.B.C. 1996, c. 253.
PD – 40 – Model Approval and Vesting Order
This Practice Direction prescribes a model form of order for approval and vesting orders in insolvency proceedings.

CVSE - Restricted Routes for Wide Bunks Hauling Beetle Killed Wood
Effective January 2, 2013, Form CVSE 1013 shows the routes that are not currently approved for the transport of beetle killed wood using overwidth bunks to a maximum of 2.9 meteres (route restrictions are not applicable when empty). Previous versions of this form showed approved routes. View official CVSE posting for more details.

No Proof BC's Cellphone Driving Law Saving Lives
It's now been illegal to use a handheld cellphone while driving in BC for three years, but the province says it can't prove the law has saved any lives. BC superintendent of motor vehicles Steve Martin says the law works, he just can’t prove it. "I wish I could just say that we saved this many lives, and I'm just not confident in the data." Read full CBC article.

Real Estate and Builders Lien News:

Real Estate Case Law Update - Pre-Sales
As real estate law has been around for centuries, it is not surprising that changes in the common law are rare. Most reported residential real estate decisions are highly fact-driven. The issues at play are typically not the law, but the facts and, perhaps, how the law applies to those facts. Read the full article by Bryan G. Baynham, Q.C. and Wesley J. McMillan with Harper Grey LLP.

Selecting A Strata Management Company
Strata councils frequently ask for guidance in the selection of a strata management company. The Vancouver Island Strata Owners Association (VISOA) has drafted a model RFP for strata management services to assist strata councils in designing their own strata management RFP. While VISOA cannot recommend management companies, it can provide assistance to strata councils in identifying management companies that provide the services they want. A common method of selecting service contractors is to circulate a “Request for Proposals” (RFP) identifying the services required. Interested service contractors can then reply to the request. View the RFP model published by VISOA.

BC Government Increases Homeowners Grant Threshold
The BC government is raising the threshold for the province's homeowner grant well past the $1 million mark, which Finance Minister Mike de Jong said is in response to rising assessments, even though some assessments are going down. Homeowners in the Greater Vancouver area with homes assessed at $1,295,000 will be eligible for a $570 reduction in their property taxes. "The homeowner grant helps keep property taxes affordable for families, even as property value assessments rise," de Jong said. "By ensuring the homeowner grant threshold keeps pace with assessments, we're helping families with the costs of owning their homes and ensuring at least 95.5% of BC homeowners are eligible for the full grant." View the full article published in Business Vancouver.