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Vol: XIV – Issue: VI – June 2015 | |
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QUICKSCRIBE NEWS: Tip of Month: New Annotations Posted
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FEDERAL LEGISLATION – For notification of federal amendments, we recommend you use our Section Tracking ![]() |
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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: Chartered Professional Accountants Act Now in Force Be Careful of Predatory Financial Advice Rarely, as was the case in Connor Financial Services International Inc. v. Laughlin, financial advisors fail to keep their clients' best interests in mind and, instead, seek to use their position to benefit themselves at their clients' expense. In Laughlin, the plaintiffs, the "Connor Group", were suing the defendants, the Laughlins, for money allegedly owed further to a series of contracts the Laughlins had signed with the Connor Group. By way of background, in 2000 when the Laughlins met with the Connor Group, they were unsophisticated in financial matters and had gotten into some financial difficulty by having overused their credit cards, racking up in excess of $22,000 in credit card debt. The Laughlins had a home with a mortgage and modest investments in RSPs. The Laughlins had seen an advertisement by the Connor Group concerning an RSP investment in what was described as a "Working Opportunity Fund". The Laughlins were interested and met with the Connor Group's principal, Gerry Connor. Read the full article by Jeremy Burgess with Pushor Mitchell LLP. New Rules Ease "Canadian Wrapper" Requirements for Private Key Conditions to New Rules Read the full article by Cristian Blidariu, Andrew Parker and Rene Sorell with McCarthy Tétrault LLP. BC Securities – Policies & Instruments
For more information visit the BC Securities website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Accountants (Certified General) Act | REPEALED June 24/15 |
by 2015 Bill 4, c. 1, section 84 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Accountants (Chartered) Act | REPEALED June 24/15 |
by 2015 Bill 4, c. 1, section 84 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Accountants (Management) Act | REPEALED June 24/15 |
by 2015 Bill 4, c. 1, section 84 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Business Corporations Act | June 24/15 | by 2015 Bill 4, c. 1, sections 85 and 86 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Business Practices and Consumer Protection Act | June 24/15 | by 2015 Bill 4, c. 1, section 87 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Carbon Tax Act | June 9/15 | by 2015 Bill 13, c. 8, sections 8 and 9 only (in force by Reg 102/2015), Finance Statutes Amendment Act, 2015 |
Chartered Professional Accountants Act | NEW June 24/15 |
c. 1 [SBC 2015], 2015 Bill 4 (whole Act in force by Reg 114/2015) |
Cooperative Association Act | June 24/15 | by 2015 Bill 4, c. 1, section 89 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Credit Union Incorporation Act | June 24/15 | by 2015 Bill 4, c. 1, section 90 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Financial Institutions Act | June 24/15 | by 2015 Bill 4, c. 1, section 91 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Income Tax (BC Family Bonus) Regulation (231/98) | July 1/15 | by Reg 83/2015 |
Insurance Regulation (403/2012) | June 9/15 | by Reg 108/2015 |
International Business Activity Act | June 24/15 | by 2015 Bill 4, c. 1, section 95 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Legacy Designations Regulation (114/2015) | NEW June 24/15 |
see Reg 114/2015 |
National Instrument 41-101 General Prospectus Requirements (59/2008) | June 30/15 | by Reg 121/2015 |
National Instrument 51-101 Standards of Disclosure for Oil and Gas Activities (342/2003) | July 1/15 | by Reg 122/2015 |
National Instrument 51-102 Continuous Disclosure Obligations (110/2014) | June 30/15 | by Reg 121/2015 |
National Instrument 52-110 Audit Committees (57/2008) | June 30/15 | by Reg 121/2015 |
Notaries Act | June 24/15 | by 2015 Bill 4, c. 1, section 97 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Provincial Sales Tax Act | June 9/15 | by 2015 Bill 13, c. 8, sections 59, 71, 78 only (in force by Reg 102/2015), Finance Statutes Amendment Act, 2015 |
Provincial Sales Tax Exemption and Refund Regulation (97/2013) | June 9/15 | by Reg 102/2015 |
Provincial Sales Tax Regulation (96/2013) | June 9/15 | by Reg 102/2015 |
Provincial Sales Tax Transitional Regulation (154/2013) | June 9/15 | by Reg 102/2015 |
Small Business Venture Capital Act | June 24/15 | by 2015 Bill 4, c. 1, sections 99 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Society Act | June 24/15 | by 2015 Bill 4, c. 1, section 100 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Tobacco Tax Act | June 9/15 | by 2015 Bill 13, c. 8, sections 102, 104, 111, 117, 119, 124 only (in force by Reg 102/2015), Finance Statutes Amendment Act, 2015 |
July 1/15 | by 2015 Bill 13, c. 8, sections 123, 125, 126, 129 to 131 only (in force by Reg 123/2015, repealing Reg 107/2015), Finance Statutes Amendment Act, 2015 | |
Tobacco Tax Act Regulation (66/2002) | June 9/15 | by Reg 102/2015 |
July 1/15 | by Reg 123/2015, repealing Reg 107/2015 | |
Training Tax Credits Regulation (243/2007) | June 16/15 | by Reg 118/2015 |
ENERGY & MINES | ||
Energy and Mines News: First Nation Launches Court Action against Pacific NorthWest LNG The Gitga'at First Nation is seeking a judicial review from the B.C. Supreme Court over a B.C. Environmental Assessment Office decision they say does not recognize the Gitga'at as being one of the Tsimshian First Nations entitled to full consultation on the project near Prince Rupert in northwest B.C. Read The Vancouver Sun article. Federal Government Introduces Prince Rupert Port Authority The Regulations implement a regulatory regime for the design, construction, operation, and maintenance of LNG projects proposed on federal lands, and in particular at the Port of Prince Rupert (Port). The Regulations have the following stated objectives:
The Regulations are designed to parallel provincial laws and regulations and to rely on the expertise of the OGC in administration and enforcement. Read the full article by Paul Cassidy, Monika Sawicka and Connor Bildfell with McCarthy Tétrault LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Greenhouse Gas Reduction (Clean Energy) Regulation (102/2012) | June 3/15 | by Reg 98/2015 |
FAMILY & CHILDREN | ||
Family and Children News: It's Hammer Time: Provincial Court Exercises Extraordinary Under the old legislation, the power of the Provincial Court to enforce its own orders was very limited. If you lipped off the judge, you'd get into some trouble for sure, but enforcing orders about guardianship, custody and access was very difficult – you actually had to commence a private prosecution under the Offence Act, a complicated process that hardly anyone ever attempted – and the court could not make costs orders. At least the Family Maintenance Enforcement Program more or less took care of enforcing support orders. The new legislation, however, comes with some pretty sharp teeth, especially s. 231 which allows the court to imprison a person for up to 30 days if it is satisfied that "no other order" under the act "will be sufficient to secure the person's compliance." (The section also allows the court to make peace officer enforcement orders in respect of parenting time and contact, which [is] discussed elsewhere.) The decision in J.R.B. concerned the variation and enforcement of a number of orders made at trial, including a publication ban and a protection order intended to prevent all contact between the father and the mother and her family. Read the full article by John-Paul Boyd published on JP Boyd on Family Law. Supreme Court Family Rules Amended |
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Act or Regulation Affected | Effective Date | Amendment Information |
Carbon Tax Regulation (125/2008) | June 9/15 | by Reg 102/2015 |
Crime Victim Assistance (General) Regulation (161/2002) | June 1/15 | by Reg 73/2015 |
Supreme Court Civil Rules (168/2009) | July 1/15 | by Reg 103/2015 |
Supreme Court Family Rules (169/2009) | July 1/15 | by Reg 104/2015 |
FOREST & ENVIRONMENT | ||
Forest and Environment News: Environmental Appeal Board Decisions
Visit the Environmental Appeal Board website for more information. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Carbon Tax Act | June 9/15 | by 2015 Bill 13, c. 8, sections 8 and 9 only (in force by Reg 102/2015), Finance Statutes Amendment Act, 2015 |
Carbon Tax Regulation (125/2008) | June 9/15 | by Reg 102/2015 |
Guiding Territory Certificate Regulation (115/2015) | NEW June 12/15 |
see Reg 115/2015 |
Protected Areas of British Columbia Act | June 9/15 | by 2014 Bill 8, c. 33, section 1 only (in force by Reg 112/2015), Protected Areas of British Columbia Amendment Act (No. 2), 2014 |
Wildlife Act | June 12/15 | by 2014 Bill 4, c. 7, sections 65(b), 70, 73, 74 (part), 75, 81, 82 (b), (d) only (in force by Reg 115/2015), Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2014 |
Wildlife Act Commercial Activities Regulation (338/82) | June 12/15 | by Reg 115/2015 |
HEALTH | ||
Health News: Allowing Complex Surgeries at Private BC That's because of changes to legislation that may be required to allow private facilities to keep patients for up to three nights and other changes to ensure they are more like hospitals, with security guards, full meals, a variety of health professionals, labs, imaging suites and even intensive-care units. Read the Vancouver Sun article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Access to PharmaNet Regulation (117/2009) | REPEALED June 1/15 |
by Reg 74/2015 |
Continuing Care Programs Regulation (146/95) | June 1/15 | by Reg 73/2015 |
Disclosure Directive Regulation (172/2009) | June 1/15 | by Reg 74/2015 |
Drug Plans Regulation (73/2015) | NEW June 1/15 |
see Reg 73/2015 |
Health Care Costs Recovery Regulation (397/2008) | June 1/15 | by Reg 73/2015 |
Information Management Regulation (74/2015) | NEW June 1/15 |
see Reg 74/2015 |
Provider Regulation (222/2014) | June 1/15 | by Regs 73/2015 and 74/2015 |
LABOUR & EMPLOYMENT | ||
Labour and Employment News: Employees and Independent Contractors: Results of Functional Capacity Unfortunately, these benefits are not always easy to secure. A British Columbia worker is well aware of this. He recently secured a ruling in his favour regarding his ability to do an alternate job following a workplace accident that left him permanently partially disabled. Following a workplace injury that results in a worker being unable to do the job he or she previously held, an assessment will be conducted to determine what jobs they are qualified to do. In this particular case, after he was stuck by a falling log, the man was no longer able to drive trucks. A functional capacity evaluation conducted by an occupational therapist determined that with restrictions, one of the jobs he could do was dispatcher. The restrictions placed on the dispatcher position by that occupational therapist include sitting for only one hour at a time and the utilization of a headset. Read the full article by Preston Parsons of Overholt Law. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Employment and Assistance Regulation (263/2002) | June 1/15 | by Reg 73/2015 |
Employment and Assistance for Persons with Disabilities Regulation (265/2002) | June 1/15 | by Reg 73/2015 |
LOCAL GOVERNMENT | ||
Local Government News: Challenging Zoning Decisions: Proper and Improper
Read the full article by Olga Rivkin and Erika Lambert with Bull Housser LLP. Medical Marijuana: Farm Use under the Following the coming into force of the MMPR in 2013, many local governments in BC introduced bylaw amendments to regulate medical marijuana production in their communities and also sought direction from the provincial government on whether medical marijuana could be prohibited in the ALR. In June of 2014, the BC government issued a release clarifying that medical marijuana production in the ALR is allowable. The BC government has now formalized its position by amending the Regulation to recognize federally licensed medical marijuana production as a farm use in the ALR. This amendment recognizes and respects the federal government's policy and legislation regarding medical marijuana production while also providing consistent rules for communities throughout British Columbia. Read the full article by Edward Wilson with Lawson Lundell LLP. Audit Council says BC Justified for Ousting Through documents filed in the province's supreme Court, BC's audit council fired back after former auditor general Basia Ruta filed a lawsuit against the group alleging wrongful dismissal. In its response, the council said that it recommended Ruta's removal only after it "had lost all confidence" in her ability to act "effectively and credibly." Read more at The Vancouver Sun. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Agricultural Land Reserve Use, Subdivision and Procedure Regulation (171/2002) | June 15/15 | by Reg 117/2015 |
Community Charter | June 24/15 | by 2015 Bill 4, c. 1, section 88 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Cooperative Association Act | June 24/15 | by 2015 Bill 4, c. 1, section 89 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Credit Union Incorporation Act | June 24/15 | by 2015 Bill 4, c. 1, section 90 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Financial Institutions Act | June 24/15 | by 2015 Bill 4, c. 1, section 89 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Greater Vancouver Water District Act | June 24/15 | by 2015 Bill 4, c. 1, section 94 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Greater Vancouver Sewerage and Drainage District Act | June 24/15 | by 2015 Bill 4, c. 1, section 93 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Liquor Control and Licensing Regulation (244/2002) | June 9/15 | by Reg 110/2015 |
Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation (104/2004) | June 9/15 | by Reg 113/2015 |
School Act | June 24/15 | by 2015 Bill 4, c. 1, section 93 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
July 1/15 | by 2015 Bill 11, c. 24, sections 2, 5 to 11, 13 to 15, 22 to 27, 29, 30, 33, 38 to 45 only (in force by Royal Assent), Education Statutes Amendment Act, 2015 | |
School Calendar Regulation (314/2012) | July 1/15 | by Reg 119/2015 |
South Coast British Columbia Transportation Authority Act | June 24/15 | by 2015 Bill 4, c. 1, section 101 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Vancouver Charter | June 24/15 | by 2015 Bill 4, c. 1, section 93 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Vancouver Foundation Act | June 24/15 | by 2015 Bill 4, c. 1, section 93 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
MISCELLANEOUS | ||
Miscellaneous News: Be Warned: Online Forum Selection Clauses Background Read the full article by Scott E. Foster with Gowlings LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Crime Victim Assistance (General) Regulation (161/2002) | June 1/15 | by Reg 73/2015 |
Freedom of Information and Protection of Privacy Act | June 24/15 | by 2015 Bill 4, c. 1, section 92 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Legal Profession Act | June 24/15 | by 2015 Bill 4, c. 1, section 96 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
Missing Persons Act | NEW June 9/15 |
c. 2 [SBC 2014], Bill 3, whole Act in force by Reg 111/2015 |
Missing Persons Regulation (111/2015) | NEW June 9/15 |
see Reg 111/2015 |
Notaries Act | June 24/15 | by 2015 Bill 4, c. 1, section 97 only (in force by Reg 114/2015), Chartered Professional Accountants Act |
MOTOR VEHICLE & TRAFFIC | ||
Motor Vehicle and Traffic News: Court Finds ICBC Under No Legal Duty to Inform At trial her claim was dismissed with the Court finding she did not take all reasonable steps after the collision to identify the at-fault motorist. The Plaintiff argued ICBC could not rely on this defense as they had failed to advise her of her investigative obligations after promptly reporting the claim to ICBC. Mr. Justice Armstrong rejected this argument finding ICBC has no duty to tell their own insured customers of their obbligatos in order to successfully claim damages caused by unidentified motorists. Read the full article by Erik Magraken on BC Injury Law blog. BC Considers Tougher Crackdown against Distracted Drivers The government is also mulling stiffer fines and licence suspensions for distracted drivers, similar to the immediate roadside prohibitions given to impaired drivers, she said. Anton made the comments as she updated reporters on the results of a public discussion of the issue at gov.bc.ca/distracteddriving. The website has received nearly 12,000 visits in two weeks, rivalling public interest in the ministry's consultation on provincial liquor laws, she said. There have been more than 36,000 responses to nine questions. Read The Vancouver Sun article. CVSE Bulletins & Notices
For more information on these and other items, visit the CVSE website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Off-Road Vehicle Act | June 1/15 | by 2014 Bill 13, c. 5, sections 1 (part), 17, 21 to 25, 26 (1) (f), (2) (e), (3), (5) (e) and (10), 28, 29, 30 (2) (b), (d), (j) to (m) and (o) to (s), 31 to 34 only (in force by Reg 96/2015), Off-Road Vehicle Act |
Motor Fuel Tax Act | June 9/15 | by 2015 Bill 13, c. 8, sections 41, 42 only (in force by Reg 102/2015), Finance Statutes Amendment Act, 2015 |
July 1/15 | by 2015 Bill 10, c. 9, sections 27, 29, 30, 32 to 38, 40 to 42 only (in force by Royal Assent), Budget Measures Implementation Act, 2015 | |
by 2015 Bill 10, c. 9, sections 31, 39, 43 only (in force by Reg 79/2015), Budget Measures Implementation Act, 2015 | ||
Motor Fuel Tax Regulation (414/85) | June 9/15 | by Reg 102/2015 |
July 1/15 | by Reg 79/2015 | |
Motor Vehicle Act Regulations (26/58) | June 12/15 | by Reg 116/2015 |
Motor Vehicle (All Terrain) Act | REPEALED June 1/15 |
by 2014 Bill 13, c. 5, section 41 (part) only (in force by Reg 96/2015), Off-Road Vehicle Act |
Repairers Lien Act | July 1/15 | by 2010 Bill 6, c. 4, sections 51 and 52 only (in force by Reg 106/2015), Finance Statutes Amendment Act, 2010 |
Snowmobile Regulation (65/72) | REPEALED June 1/15 |
by Reg 96/2015 |
Violation Ticket Administration and Fines Regulation (89/97) | June 12/15 | by Regs 115/2015 and 116/2015 |
PROPERTY & REAL ESTATE | ||
Property and Real Estate News: Protecting Security Deposits From Insolvency Risk: The case arose from a sale and lease back transaction between York Realty Ltd., as purchaser-landlord ("York"), and Surefire Industries Ltd., as seller-tenant ("Surefire") which closed on February 15, 2013. The lease entered into between York and Surefire included a $3,187,500 security deposit, which was held by York as an adjustment to the purchase price for the property. Read the full article by Reilly Pollard with Lawson Lundell LLP. Duty To Defend After Policy Expiration: The Court Interprets In 2005, unusually heavy rainfall caused a landslide in North Vancouver. The landslide originated from a property situated at the top of an escarpment and caused substantial damage to the property situated below the escarpment. One of the inhabitants of the lower property died. Lawsuits were brought against the former and present owners of the property at the top of the escarpment. Canadian Northern Shield (CNS) was the insurer of the current owners of the upper property. Intact Insurance had issued a policy to the former owners of the upper property, but the policy had expired three months before the landslide. The North Vancouver District retained an engineer to survey the upper property in 1980. The engineer recommended removal of debris from the property, control of vegetative growth and periodic inspection of drainage and slopes for signs of distress, improved property drainage, and removal of abandoned septic tanks. The owners at the time, who eventually sold the property in 2004, did not follow these recommendations. The parties agreed at trial that this failure contributed materially to the landslide of January 2005. Read the full article by Mallory Hogan with Alexander Holburn Beaudin + Lang LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Land Tax Deferment Regulation (57/98) | June 9/15 | by Reg 109/2015 |
Personal Property Security Regulation (227/2002) | July 1/15 | by Reg 106/2015 |
Prohibition Regulation No. 1 (33/75) | REPEALED June 1/15 |
by Reg 96/2015 |
Prohibition Regulation No. 2 (552/76) | REPEALED June 1/15 |
by Reg 96/2015 |
Prohibition Regulation No. 3 (12/77) | REPEALED June 1/15 |
by Reg 96/2015 |
Prohibition Regulation No. 4 (13/77) | REPEALED June 1/15 |
by Reg 96/2015 |
Prohibition Regulation No. 5 (119/78) | REPEALED June 1/15 |
by Reg 96/2015 |
Prohibition Regulation No. 6 (33/84) | REPEALED June 1/15 |
by Reg 96/2015 |
Prohibition Regulation No. 7 (517/76) | REPEALED June 1/15 |
by Reg 96/2015 |
Prohibition Regulation No. 9 (353/2002) | REPEALED June 1/15 |
by Reg 96/2015 |
Real Estate Services Act | June 9/15 | by 2015 Bill 13, c. 8, sections 92, 94 only (in force by Reg 105/2015), Finance Statutes Amendment Act, 2015 |
Real Estate Services Regulation (506/2004) | June 9/15 | by Reg 105/2015 |
WILLS & ESTATES | ||
Wills and Estates News: Changes to Probate Rules and Forms There is a significant change to the procedure for making applications relating to estate grants in Rule 25-14. Under the rules as they stood before the amendments, many types of applications would be commenced by either a notice of application, if an estate file is already opened, or by requisition if nothing has been filed in relation to the estate. The types of proceedings to which this applies includes some potentially very contentious disputes such as passing over an executor. A requisition is a request to the court, and there are no rules saying who must be served, what they file to oppose it, or how long they have to file. Starting a contested proceeding by requisition doesn't make sense. Read the full article by Stan Rule. The Will as a Planning Tool Does the Court Have Power to There have been a few reported cases of the Court's curative power under section 58 of WESA. The most recent judgment on this issue was just released on June 30, 2015. In Re Yaremkewich Estate, the Deceased died leaving documents that did not comply with the statutory execution requirements. Prior to her death, the Deceased executed a pre-printed will template form titled "Last Will and Testament" (the "Template"). The Deceased filled out the Template by appointing executors, setting out burial arrangements, directing certain expenses and taxes to be paid from her estate, and providing a number of gifts to relatives, friends and charities. Read the full article by Lauren Liang with Clark Wilson LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Supreme Court Civil Rules (168/2009) | July 1/15 | by Reg 103/2015 |
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