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Vol: XIII – Issue: IX – September 2014 | |
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QUICKSCRIBE NEWS: Legislature to Resume Quickscribe Tip of the Month: Enhanced Find Act/Regulation Search (Left Navigation) |
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FEDERAL LEGISLATION — For notification of federal amendments, we recommend you use our RSS feed. | ||
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[ Previous Reporters ] |
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CATEGORIES |
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COMPANY & FINANCE ENERGY & MINES FAMILY & CHILDREN FOREST & ENVIRONMENT HEALTH LABOUR & EMPLOYMENT |
LOCAL GOVERNMENT MISCELLANEOUS MOTOR VEHICLE & TRAFFIC PROPERTY & REAL ESTATE WILLS & ESTATES |
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COMPANY & FINANCE | ||
Company and Finance News: Canadian Securities Administrators The Proposed Bid Amendments will aim to facilitate the ability of shareholders to make voluntary, informed and coordinated tender decisions and provide target boards with additional time to respond to hostile bids, each with the objective of rebalancing the current dynamics between hostile bidders and target boards. Read the full article by Bernard Pinsky with Clark Wilson LLP. BC Invites Feedback on New Franchise Law BC is planning to develop new franchise legislation that would be consistent with legislation used in five other provinces. Government recognizes that franchise purchasers make a significant capital investment, yet they are often at a disadvantage when relying on the information provided by the company offering the franchise due to a lack of knowledge and experience, and access to expert advice. Franchise legislation would help to rectify this imbalance and support the expansion of franchises by standardizing regulatory requirements, while at the same time encouraging investment in BC. A Franchises Act would govern all franchised businesses throughout the province and would provide important protection for small business owners and franchisors alike by:
Read government news release. Corporate Disclosure on Social Media: While Canadian regulators have not expressly addressed potential issues relating to disclosure through social media, general principles governing disclosure are set out in National Policy 51-201 Disclosure Standards. For TSX-listed companies, meanwhile, the TSX has published its own Electronic Communications Disclosure Guidelines, which cover online communications, generally. Read the full article by Jonah Mann and Frank Selke with Stikeman Elliott LLP. BC Securities – Policies & Instruments
For more information visit the BC Securities website. PST Bulletins
For more information, visit the Consumer Taxes website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Multilateral Instrument 13-102: System Fees for SEDAR and NRD (210/2013) | Sept. 22/14 | by Reg 176/2014 |
National Instrument 24-101: Institutional Trade Matching and Settlement (64/2007) | Sept. 22/14 | by Reg 176/2014 |
National Instrument 31-103: Registration Requirements, Exemptions and Ongoing Registrant Obligations (226A/2009) | Sept. 22/14 | by Reg 176/2014 |
National Instrument 33-109: Registration Information (226B/2009) | Sept. 22/14 | by Reg 176/2014 |
National Instrument 41-101: General Prospectus Requirements (59/2008) | Sept. 22/14 | by Reg 176/2014 |
Sept. 30/14 | by Reg 181/2014 | |
National Instrument 44-102: Shelf Distributions (425/2000) | Sept. 22/14 | by Reg 176/2014 |
National Instrument 45-106: Prospectus and Registration Exemptions (227/2009) | Sept. 22/14 | by Reg 176/2014 |
National Instrument 51-102: Continuous Disclosure Obligations (110/2004) | Sept. 30/14 | by Reg 181/2014 |
National Instrument 52-108: Auditor Oversight (181/2014) (replaces B.C. Reg. 106/2004) |
NEW Sept. 30/14 |
see Reg 181/2014 |
National Instrument 62-103: The Early Warning System and Related Take-Over Bid and Insider Reporting Issues (83/2000) | Sept. 22/14 | by Reg 176/2014 |
National Instrument 81-101: Mutual Fund Prospectus Disclosure (1/2000) | Sept. 22/14 | by Reg 176/2014 |
National Instrument 81-102: Investment Funds (2/2000) formerly National Instrument 81-102: Mutual Funds |
Sept. 22/14 | by Reg 176/2014 |
National Instrument 81-104: Commodity Pools (283/2002) | Sept. 22/14 | by Reg 176/2014 |
National Instrument 81-105: Mutual Fund Sales Practices (131/98) | Sept. 22/14 | by Reg 176/2014 |
National Instrument 81-106: Investment Fund Continuous Disclosure (218/2005) | Sept. 22/14 | by Reg 176/2014 |
National Instrument 81-107: Independent Review Committee for Investment Funds (276/2006) | Sept. 22/14 | by Reg 176/2014 |
Securities Rules (194/97) | Sept. 22/14 | by Reg 176/2014 |
ENERGY & MINES | ||
Energy and Mines News: New Frontiers – Mining Litigation in Canada Historically, corporations have relied upon the separate legal personality of subsidiary corporations to shield the parent corporation from direct legal liability for the activities of the subsidiary. Garcia and Choc are examples of plaintiffs, usually backed by non-governmental organizations, using traditional legal principles in an attempt attach liability directly to the parent corporation for the activities of a foreign subsidiary. Importantly, these claims have been brought in Canadian, not foreign, courts. Accordingly, corporations conducting activities abroad should take note of these types of claims because, absent a strong judicial rebuke, the use of this litigation strategy is likely to increase. Read the full article by Craig Ferris with Lawson Lundell LLP. Eastern Promises? LNG Expands Beyond BC Although the number of potential projects pales in comparison to proposed projects in British Columbia, there are a number of reasons why LNG export from Eastern Canada is becoming increasingly attractive. Perhaps the most significant reason is that Eastern Canada is home to Canada's only potential "brownfield" LNG Export Project. Repsol YPF SA, the owner of the Canaport LNG Import Terminal in New Brunswick, has publicly indicated that it is considering converting the underutilized import facility to export LNG. Read the full article by Jonathan Drance and Cameron Anderson with Stikeman Elliott LLP. BC to Release LNG Tax Laws [This] Month The timing is crucial because BC LNG proponents are edging closer to making their final investment decisions on whether to forge ahead with their massive projects. Rivals such as Australia, Qatar, Nigeria and the United States are among the jurisdictions ahead of Canada in the global LNG competition. BC could miss out on a window of opportunity because foreign suppliers are eager to export LNG to meet growing global demand, especially in Asia. BC Deputy Premier Rich Coleman said the province is optimistic that the proposed income tax on LNG, to be introduced in legislation in the fall session, will be competitive with other jurisdictions. Read The Globe and Mail article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Administrative Penalties Regulation (35/2011) | Oct. 1/14 | by Reg 55/2014 |
Consultation and Notification Regulation (279/2010) | Oct. 1/14 | by Regs 147/2014 and 204/2013 |
Drilling and Production Regulation (282/2010) | Oct. 1/14 | by Reg 204/2013 |
Emergency Management Regulation (204/2013) | NEW Oct. 1/14 |
see Reg 204/2013 |
Pipeline Regulation (281/2010) | Oct. 1/14 | by Reg 204/2013 |
FAMILY & CHILDREN | ||
Family and Children News: JP Boyd – Rethinking Marriage: Beta Marriages, Interestingly enough, despite our increasing longevity, our enthusiasm for marriage has not yet begun to wane, although the rate of unmarried long-term relationships is increasing at a pace three times that of marriage and the divorce rate is a healthy 41%. The national divorce rate had held at this level for the last decade or so, after two sharp increases that followed the introduction of the federal Divorce Act in 1968 and the removal of the provisions about fault and matrimonial misconduct in 1985. Read the full article by JP Boyd and published on the Blog. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Child Care Subsidy Regulation (74/97) | Sept. 8/14 | by Reg 171/2014 |
FOREST & ENVIRONMENT | ||
Forest and Environment News: Neucel Specialty Cellulose Fined Neucel Specialty Cellulose Ltd. has been ordered to pay $1,000 in fines to the Province and $174,000 to the Habitat Conservation Trust Foundation. In 2011, Neucel exceeded authorized levels of discharge into Neroutsos Inlet on three separate occasions. The Major Investigations Unit of the Conservation Officer Service (COS), supported by Environment Canada, conducted a joint investigation and forwarded recommended charges to Crown counsel. BC's Conservation Officer Service enforces over 33 pieces of provincial and federal legislation to ensure compliance with environmental laws and regulations. Specializing in commercial, environmental and industrial investigations, the COS has full authority to independently handle these cases and forward recommendations for charges directly to provincial Crown counsel. Read government news release. Environmental Appeal Board Decisions
Visit the Environmental Appeal website for more information. New Forestry-Related Annotation Posted Legal Case Study: Cost Recovery under the EMA – |
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Act or Regulation Affected | Effective Date | Amendment Information |
Administrative Orders and Remedies Regulation (101/2005) | Sept. 22/14 | by Reg 178/2014 |
Forest Planning and Practices Regulation (14/2004) | Sept. 22/14 | by Reg 177/2014 |
HEALTH | ||
Health News: Vancouver to Treat E-Cigarettes like Tobacco This news comes as the BC government revealed it is preparing legislation to regulate the sale of e-cigarettes with the same restrictions as tobacco. The new Vancouver bylaw, approved by council late [October 1st] in a unanimous vote, also prohibits the display or sale of e-cigarettes or related products to minors. And that's a good thing, says Dr. Meena Dawar, medical health officer with Vancouver Coastal Health who strongly favoured the ban. "I think it's a very progressive move forward in protecting our youth," Dawar said Thursday [October 2nd]. Read more. BC Doctors Urge Provincial Ministers to Dr. Vanessa Brcic of the BC Health Coalition said a lack of federal leadership on health care has led to a proliferation of private health-care services across the country, with British Columbia leading the way. "In other provinces we don't see quite as much for-profit investment as we do in BC," Brcic said Monday [September 29th] at a news conference held outside the Cambie Surgery Clinic in Vancouver. "There's definitely a tremendous movement towards for-profit care, simply because the profit that you can make from illness and suffering is absolutely tremendous." The BC government is in negotiations to resolve a long-running dispute with the private Cambie clinic, nestled on a tree-lined street near the sprawling Vancouver General Hospital complex in Vancouver. Read The Globe And Mail article. BC Government Partners with BC Transplant to Save Lives Starting [September 22nd], Service BC centres in Dawson Creek, Quesnel, Port Alberni and Salmon Arm will offer citizens the opportunity to register their decision about becoming a lifesaving organ donor quickly and easily. More than 95% of British Columbians support organ donation but only 19% have registered. With close to 500 citizens on the transplant waiting list, signing up to become an organ donor could help save lives – possibly the life of a neighbour, co-worker, friend or family member in need. Read the government news release. |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. | ||
LABOUR & EMPLOYMENT | ||
Labour and Employment News: Beyond Bardal: The Presence of a Non-Competition Last October, a case [was discussed] in which an employee with only 4 years of service was awarded damages equivalent to 12 months of notice. This result was due, in part, to the fact that the employee was subject to a 12-month non-competition clause. More recently, in Ostrow v Abacus Management Corporation, Mergers and Acquisitions, 2014 BCSC 938, the British Columbia Supreme Court stated that "a non-competition clause in the employment contract is a factor which may increase the length of the reasonable notice period." (para 79) In that case, the 42-year-old plaintiff was employed as a specialist in US taxation for 9 months. Read the full article by Alison J. Bird, published by First Reference Talks. BC's Labour Laws are Failing Workers, Says Fraser Institute The laws in Canada restrict worker choices, leading to suppression of job growth and investment, argues the study, while laws in every U.S. state are less biased and more conducive to growth. "Overall, Canadian provinces as well as the federal government dramatically lag behind U.S. states in terms of providing workers with the choices and opportunities that come from balanced, neutral labour relations laws," said study co-author Charles Lammam, resident scholar in economic policy at the Fraser Institute. Read the BIV article. Rare Costs Award at BC Human Rights The Tribunal found such circumstances to exist in the case of Ma v. Dr. Iain G. M. Cleator and another. Kim Ma worked in the respondent doctor's clinic as an office assistant for a number of years. She eventually took an extended maternity leave and, when she returned to the workplace, found that a significant number of processes and operations had changed in her absence. Ms. Ma resisted the changes and was in immediate conflict with the new office manager. Despite efforts to make it work, Dr. Cleator found the employment relationship was unworkable and terminated Ms. Ma's employment, providing her pay in lieu of notice, approximately one month after her return. Read the full article by Ryley Mennie with McCarthy Tetrault LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Employment and Assistance for Persons with Disabilities Regulation (265/2002) | Sept. 8/14 | by Reg 172/2014 |
Employment and Assistance Regulation (263/2002) | Sept. 8/14 | by Reg 172/2014 |
Health Care Employers Regulation (427/94) | Sept. 5/14 | by Reg 169/2014 |
Social Services Employers Regulation (84/2003) | Sept. 5/14 | by Reg 170/2014 |
LOCAL GOVERNMENT | ||
Local Government News: Tsilhqot'in Decision Impacts Considered [UBCM] A packed room of nearly 600 delegates heard opinions from Chief Roger William, Xeni Gwet'in First Nation and a Director on the Cariboo Regional District; Chief Percy Guichon from Alexis Creek First Nation; and Gregg Cockrill from Young Anderson on the recent decision by the Supreme Court of Canada with regard to Tsilhqot'in land title. Mr. Cockrill, who also teaches local government law at UBC, began by describing the historical, legal and practical significance of the Supreme Court of Canada's decision. Cockrill referenced the likelihood the precedent setting decision would lead to other similar decisions, the fact that the decision recognized title on a territorial basis, and that aboriginal title has greater importance than fee simple title. "Fee simple title is not protected against action by the government – including expropriation without compensation," said Cockrill. "Aboriginal title is entirely different. While having the features of fee simple land, the interest is also protected by the Constitution. Any kind of governmental action would need to meet strict Supreme Court tests." Read the UBCM article. Local Government Legislation Annotations Anti-Spam Law Update: CRTC Says Municipalities The CRTC, which is the primary enforcement agency for CASL, has published FAQs on its website, which include the following statement: "CASL does not apply to the activities of the federal, provincial and territorial governments. CASL does apply, however, to crown corporations, including municipal governments, when the corporation is acting in the course of any commercial activity" (emphasis added). While we are not convinced that municipal governments are "crown corporations," it is clear that the CRTC considers municipal governments to be potentially subject to CASL, depending on their activities. Federal and provincial governments are not bound by CASL because of a provision in the federal Interpretation Act which states: "No enactment is binding on Her Majesty or affects Her Majesty or Her Majesty's rights or prerogatives in any manner, except as mentioned or referred to in the enactment". Read the full information bulletin by Davis LLP. Retooling of Agricultural Land Reserve Won't Norm Letnick said he will announce a full slate of 18 commissioners in six regional panels [this] week at the legislature. The appointments are a week past a deadline set by Premier Christy Clark in Letnick's mandate letter. "I asked for extra time because I wanted to speak to each of the finalists to make sure I had a good sense that we were getting 18 people with a balanced perspective," Letnick said. "The timing of the appointments will have very little impact to the timelines for processing applications." Read The Vancouver Sun article. UBCM President Blasts Government for That rift blew into a full-blown fracture [recently] when UBCM president Rhona Martin, in her annual address, criticized the government for not acting on any of the concerns addressed in the "Strong Fiscal Futures" report the UBCM tabled last year. The report concluded the current property tax system is failing to meet the needs of local governments. It called for a new method of financing municipalities and proposed that the province share revenues when growth exceeds three per cent. Read more. Get Off the Road!: Encroachments onto Public Roads The recent decision of District of West Vancouver v. Liu, 2014 BCSC 1230, ("Liu") deals with this issue and, as such, it has significant implications for municipalities and property owners. In Liu, the District sought an order for the removal of a living room, retaining walls, decorative ponds, hedges and a fence (the "Encroachments") constructed on the District's highway adjacent to Ms. Liu's property. The legal basis for the order was that the Encroachments had been installed contrary to section 46(1) of the Community Charter and the District's traffic and parking bylaw. Ms. Liu brought her own petition for a declaration that she was entitled to an easement over the District's highway pursuant to section 36 of the Property Law Act. Read the full article by Kathleen Higgins and Erika Lambert with Bull Housser LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Agricultural Land Commission Act | Sept. 5/14 | by 2014 Bill 24, c. 25, sections 1 to 13 only (in force by Reg 167/2014), Agricultural Land Commission Amendment Act, 2014 |
Agricultural Land Reserve Use, Subdivision and Procedure Regulation (171/2002) | Sept. 5/14 | by Reg 167/2014 |
Authority Designation Regulation (263/89) | Sept. 5/14 | by Reg 168/2014 |
Local Government Act | Sept. 5/14 | by 2014 Bill 24, c. 25, sections 14 and 15 only (in force by Reg 167/2014), Agricultural Land Commission Amendment Act, 2014 |
MISCELLANEOUS | ||
Miscellaneous News: SCC Strikes Down BC's Court Hearing Fees In Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), the top court ruled that court hearing fees – intended to discourage frivolous claims and fund the system – were unconstitutional because they impeded access to justice and therefore jeopardized the rule of law itself. The case stems from a family dispute where one litigant, V, could not afford to pay fees amounting to $3,600 for a trial that lasted 10 days. British Columbia is currently the only province that levies substantial hearing fees ($800 per day after the 10th day of hearings), and while the province's Rules of Civil Procedure already allow them to be waived for the "impoverished" or "indigent," V did not strictly fall under these categories. Nevertheless, the trial judge stayed V's obligation and invited submissions on the constitutionality of court hearing fees. This invitation was met by challenges by the Trial Lawyers Association and the provincial branch of the Canadian Bar Association. [On October 2nd], in a 6-1 ruling written by Chief Justice Beverley McLachlin, the top court came down squarely in favour of increased access to justice. Read the full article by David Dias published on the Legal Feeds Blog. |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. | ||
MOTOR VEHICLE & TRAFFIC | ||
Motor Vehicle and Traffic News: BC Supreme Court Gives Green Light "Wholly Inadequate" Stop Sign Placement This week's case (Richmond v. Channa) involved a two vehicle collision where the Channa vehicle failed to stop at a stop sign controlled intersection and collided with the Richmond vehicle. While the Court found Channa 25% to blame for the crash the Court held the lion's share of fault rested with a construction company who blocked visibility to the intersection's stop sign and placed an inadequate temporary sign in its place. Read the full article by Erik Magraken on his BC Injury Law blog. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Motor Vehicle Fees Regulation (334/91) | Sept. 1/14 | by Reg 260/2013 |
Oct. 1/14 | ||
PROPERTY & REAL ESTATE | ||
Property and Real Estate News: Superintendent of Real Estate Publishes Amended By way of background, the Superintendent's office has the power to issue Policy Statements setting out rules that must be followed by developers when marketing certain types of real estate developments (notably strata developments). The Superintendent previously published 15 Policy Statements which explain various REDMA requirements and set out the Superintendent's views on how they may be satisfied. Policy Statements 1, 2, 3, 8, 9, 10 and 11 are critically important, as they describe in detail what must be included in a disclosure statement for different types of development properties in order for the Superintendent to consider the disclosure statement compliant with REDMA. Read the full article by Craig Shirreff with McCarthy Tétrault LLP. Annotations Posted to Strata Property Legislation Pick Your Poison Wisely: Choosing the Right In Delane Industry Co. Limited v. PCI Properties Corp., PCI Waterfront Leasing Corp., 2014 BCCA 285, a landlord had initially elected to distrain for past arrears of rent in the amount of well over $100,000 and indeed some of the tenant's property was sold to pay down the arrears. However, a large amount of arrears remained outstanding following completion of the distraint. Accordingly, the landlord purported to terminate the lease in reliance on a Notice of Default that had been provided prior to levying distraint on the tenant's property. In other words, in response to the breach by the tenant, the landlord elected to affirm the lease by seizing and selling the tenant's assets but then later sought to terminate for that same breach because the distraint did not pay the arrears in full. Read the full article by Michael Morgan with Lawson Lundell LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Real Estate Development Marketing Regulation (505/2004) | Sept. 8/14 | by Reg 173/2014 |
WILLS & ESTATES | ||
Wills and Estates News: Trustees Take Note – Context is Key when Interpreting The facts of the case were not in dispute at trial. William Vince, the settlor, settled two trusts prior to his death. The first, the "Family Trust" was settled in 2006 for the benefit of Mr. Vince's children. The trust property consisted of shares in real estate holding companies. The second, the "Insurance Trust" was settled in 2007 for the benefit of the children and Mr. Vince's spouse, and was made up of proceeds from Mr. Vince's life insurance policies. Notably, Mr. Vince settled the second trust after he was diagnosed with cancer. Mr. Vince named his sister, Marilynne Vince, as trustee. Mr. Vince died in June 2008. Read the full article by Amanda Winters with Alexander Holburn Beaudin + Lang LLP. New Wills and Estates Annotations Termination of Statutory Property Guardianship I have written two previous posts on British Columbia's new statutory property guardianship legislation and regulation coming into effect on December 1, 2014, the first dealing with the procedures for issuing a certificate of incapacity pursuant to which the Public Guardian and Trustee becomes the statutory property guardian of a person incapable of managing his or her own finances, and the second dealing with the criteria to be applied in determining whether a person is incapable. In this post, I will summarize how a statutory property guardianship may be terminated. Section 34 of the Adult Guardianship Act provides that an adult who has a statutory property guardian must be reassessed if any of the following apply: Read the full article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. | ||
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