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Vol: XIV – Issue: IX – September 2015 | |
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QUICKSCRIBE NEWS: Response to QS Survey – Update on Projects
We will continue to keep you posted as these new enhancements are close to completion. New Bills Introduced
It is worth noting that the following Bills (or sections of these Bills) introduced in previous sittings have come into force by proclamation in recent weeks. These include:
A reminder that if you would like to track the progress of these Bills, or to track changes to any laws that Bills amend, please feel free to make use of our BC Legislative Digest tracking tool, and have us monitor and alert you to changes for laws of your choosing. Latest Annotations
Watch this 20-minute YouTube video to learn more about the new annotation features. |
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View PDF of this Reporter. |
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FEDERAL LEGISLATION – For notification of federal amendments, we recommend you use our Section Tracking ![]() |
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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: Partner Up! – New Rules Allow Registered Charities Subject to various rules and limitations in the Income Tax Act, registered charities are able to invest in corporations by acquiring and owning shares or other securities. Many business ventures that attract charities as potential investors are structured as partnerships. These investment opportunities have traditionally been offside for registered charities because of the legal meaning of partnership. At law, a partnership is a relationship between two or more parties that carry on business in common with a view to generating profit. This definition poses a problem for registered charities because every partner in a partnership is deemed to be carrying on the business of the partnership. Read the full article by Catherine Brayley, Margaret Mason, and Michael Blatchford with the law firm Bull Housser. FIC Bulletin – Prohibited Mortgage Broker Fees The Registrar's office protects consumers from mortgage broker misconduct, and treats allegations of coercive practices seriously. Industry is reminded that sections 4(3)(b)(ix) and 5 of the Business Practices and Consumer Protection Act (BPCPA) prohibit mortgage brokers from charging any fees for arranging a consumer mortgage in British Columbia, unless those fees are deducted from the mortgage advance at time of funding. Read the full bulletin here. Franchises Act Introduced
BC Securities – Policies & Instruments
For more information visit the BC Securities website. |
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Act or Regulation Affected | Effective Date | Amendment Information | ||||||||||||
Designated Accommodation Area Tax Regulation (93/2013) | Sept. 1/15 | by Reg 162/2015 | ||||||||||||
Division of Pensions Regulation (348/2012) | Sept. 30/15 | by Reg 70/2015 | ||||||||||||
Members' Remuneration and Pensions Act | Sept. 30/15 | by 2012 Bill 38, c. 30, sections 164 and 165 only (in force by Reg 71/2015), Pension Benefits Standards Act | ||||||||||||
National Instrument 21-101 Marketplace Operation (310/2001) | Oct. 1/15 | by Reg 179/2015 | ||||||||||||
National Instrument 23-101 Trading Rules (252/2001) | Oct. 1/15 | by Reg 179/2015 | ||||||||||||
National Instrument 33-105 Underwriting Conflicts (310/2001) | Sept. 8/15 | by Reg 168/2015 | ||||||||||||
Pension Benefits Standards Act | NEW Sept. 30/15 |
c. 30 [SBC 2012], Bill 38, whole Act, except section 133 (4), (in force by Reg 71/2015), as amended by 2014 Bill 10, c. 22, sections 1 (a) to (c), (e), 2 to 24, 36 only (in force by Reg 71/2015), Pension Benefits Standards Amendment Act, 2014 | ||||||||||||
Pension Benefits Standards Act | REPEALED Sept. 30/15 |
by 2012 Bill 38, c. 30, section 134 only (in force by Reg 71/2015), Pension Benefits Standards Act | ||||||||||||
Pension Benefits Standards Regulation (433/93) | REPEALED Sept. 30/15 |
by Reg 71/2015 | ||||||||||||
Pension Benefits Standards Regulation (71/2015) (replaces B.C. Reg 433/93) |
NEW Sept. 30/15 |
see Reg 71/2015 | ||||||||||||
Provincial Sales Tax Act | Sept. 1/15 | by 2015 Bill 10, c. 9, sections 44, 55, 57, 59 and 60 only (in force by Royal Assent), Budget Measures Implementation Act, 2015 | ||||||||||||
Public Sector Pension Plans Act | Sept. 30/15 | by 2012 Bill 38, c. 30, section 168 only (in force by Reg 71/2015), Pension Benefits Standards Act, as amended by 2014 Bill 10, c. 22, section 36 only (in force by Reg 71/2015), Pension Benefits Standards Amendment Act, 2014 | ||||||||||||
ENERGY & MINES | ||||||||||||||
Energy and Mines News: Environmental Appeal Board Revokes Nexen applied for the licence on April 6, 2009 under s. 12 of the British Columbia Water Act, R.S.B.C. 1996, c. 483. The Ministry of Environment (the "Ministry") granted the licence on May 11, 2012. The licence authorized Nexen to divert water from the North Tsea Lake into storage dugouts for the purpose of oilfield injection and storage. The term of the licence was from May 11, 2012 to December 31, 2017. Prior to being granted the licence, Nexen was diverting water from the North Tsea Lake based on short-term approvals, and had constructed works for that purpose. Due to drought conditions and extremely low river water levels in 2012, on April 18, 2013 the Ministry issued an order imposing conditions on the licence. The EAB found it did not have jurisdiction to review that order and only reviewed the decision to issue the licence. Read the full article by Rick Williams, Sean Jones and Dionysios Rossi with the firm Borden Ladner Gervais LLP. BC to be Lead Regulator of LNG Terminals, Ottawa's plan to delegate authority to the BC Oil and Gas Commission covers four proposed plants in the Prince Rupert area in northwest BC on port lands or waters, including the Petronas-led $11.4-billion Pacific NorthWest LNG plant. In introducing the proposed LNG regulation in June, Stephen Harper's Conservative government said it has no comparable regulatory system to BC's and it would save tax dollars, resources and time to adopt the provincial regulatory system. Read the full article at The Vancouver Sun website. BC Government to Exempt Two Projects from BCUC Review In a report issued on April 27, 2015 (available here), BC Hydro describes the PRES project as intended to resolve the "upstream" constraints in the transmission system supplying the Peace Region in Northeast BC. In the same report, BC Hydro describes its need to "serve some of the most dramatic, single industry load (demand for electricity) growth in a discrete area that it has experienced over the past 50 years". Plans are underway in the Peace Region for natural gas producers to power their compression facilities using electricity drawn from BC Hydro's grid, rather than their own gas, to generate the requisite power. Read the full article by Sebastian Nishimoto, Sven Milelli and Robin Sirett with McCarthy Tetrault LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information | ||||||||||||
Petroleum and Natural Gas Act | Sept. 22/15 | by 2015 Bill 25, c. 26, section 49 only (in force by Reg 174/2015), Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2015 | ||||||||||||
FAMILY & CHILDREN | ||||||||||||||
Family and Children News: Family Law Act Changes Family Maintenance Enforcement Act – Proposed Changes The changes, if passed, will provide more time for government to collect default fees from parents who have missed two or more spousal or child support payments per year. The default fee can only be collected once all support payments have been paid in full to families, at which time government will have six years to collect the fee. Previously, this six-year period began at the time the first default fee was charged. Read the full government news release. Parents Who Separate Before Their Child's Birth: First off, here are the relevant bits of s. 39: This section is really important. According to the provincial government's document, The Family Law Act Explained, this section means that "with few exceptions, the parents of a child who reside with the child are automatically their guardians and do not lose these responsibilities if they separate." Read the full article by John-Paul Boyd on the Blog. |
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Act or Regulation Affected | Effective Date | Amendment Information | ||||||||||||
Division of Pensions Regulation (348/2012) | Sept. 30/15 | by Reg 70/2015 | ||||||||||||
Family Law Act | Sept. 30/15 | by 2012 Bill 38, c. 30, sections 135 to 156 only (in force by Reg 71/2015), Pension Benefits Standards Act, as amended by 2014 Bill 9, c. 17, sections 25 and 26 only and 2014 Bill 10, c. 22, section 34 only (both in force by Reg 71/2015), Pooled Registered Pension Plans Act and Pension Benefits Standards Amendment Act, 2014 | ||||||||||||
FOREST & ENVIRONMENT | ||||||||||||||
Forest and Environment News: BC to Develop Response System for Land-Based Spills Jim Hofweber, executive director of the spill response regime project, said the idea is to have a one-call response system for land-based spills, similar to what is done now by the Western Canada Marine Response Corp., which responds to all spills in B.C. waters. The federal government has jurisdiction over spills in Canadian waters, while the provinces are responsible for dealing with land-based spills, including those that wash up on shore. The province is expected to bring enabling legislation in next spring, with hopes of issuing regulations in February 2017, Hofweber said. Read more of The Vancouver Sun article. 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 | ||||||||||||
University Endowment Land Act | Sept. 18/15 | by 2015 Bill 3, c. 2, section 61 only (in force by Reg 172/2015), Building Act | ||||||||||||
Water Regulation (204/88) | Sept. 22/15 | by Reg 178/2015 | ||||||||||||
Wood First Act | Sept. 18/15 | by 2015 Bill 3, c. 2, section 62 only (in force by Reg 172/2015), Building Act | ||||||||||||
HEALTH | ||||||||||||||
Health News: Audit of Private Surgery Clinic is The 2012 audit found evidence that Cambie Surgery Centre and its affiliated Specialist Referral Clinic billed patients for publicly insured medical services in contravention of the Medicare Protection Act. Now the commission wants to drill down to prove doctors billed both the patients and the Medical Services Plan (MSP). The commission is the body mandated under provincial statutes to manage the MSP on behalf of the province. The government gives the MSP taxpayer funds to pay doctors fees (almost $3 billion last year). Read The Vancouver Sun article. Parents Still Hope to Treat Baby with Cannabis A lawyer for Justin Pierce and Michelle Arnold withdrew the application on [September 16th] because five-month-old Mary Jane Pierce has been breathing without a ventilator for two weeks. But the couple still hope to show they deserve full custody and the right to give her the oil at an upcoming protection hearing. The Ministry of Children and Family Development obtained temporary custody in August and will hold a hearing to determine whether to make it permanent. Read The Globe And Mail article. |
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Act or Regulation Affected | Effective Date | Amendment Information | ||||||||||||
Drug Schedules Regulation (9/98) | Sept. 28/15 | by Regs 180/2015 and 181/2015 | ||||||||||||
E-Health (Personal Health Information Access and Protection of Privacy) Act | Oct. 1/15 | by 2014 Bill 7, c. 8, section 83 only (in force by Reg 52/2015), Laboratory Services Act | ||||||||||||
Health Authorities Act | Oct. 1/15 | by 2014 Bill 7, c. 8, section 84 only (in force by Reg 52/2015), Laboratory Services Act | ||||||||||||
Health Care Costs Recovery Act | Oct. 1/15 | by 2014 Bill 7, c. 8, section 85 only (in force by Reg 52/2015), Laboratory Services Act | ||||||||||||
Health Professions Act | Oct. 1/15 | by 2014 Bill 7, c. 8, section 86 only (in force by Reg 52/2015), Laboratory Services Act | ||||||||||||
Hospital Insurance Act | Oct. 1/15 | by 2014 Bill 7, c. 8, sections 87 to 89 only (in force by Reg 52/2015), Laboratory Services Act | ||||||||||||
Hospital Insurance Act Regulation (25/61) | Oct. 1/15 | by Reg 51/2015 | ||||||||||||
Laboratory Services Act | NEW Oct. 1/15 |
c. 8 [SBC 2014], Bill 7, whole Act, except section 40 (5) (in force by Reg 52/2015) | ||||||||||||
Laboratory Services Regulation (52/2015) | NEW Oct. 1/15 |
see Reg 52/2015 | ||||||||||||
Medical and Health Care Services Regulation (426/97) | Oct. 1/15 | by Reg 51/2015 | ||||||||||||
Medicare Protection Act | Oct. 1/15 | by 2014 Bill 7, c. 8, sections 90 to 95, 97 to 99, 104, 105 only (in force by Reg 52/2015), Laboratory Services Act | ||||||||||||
Milk Industry Standards Regulation (464/81) | Sept. 22/15 | by Reg 176/2015 | ||||||||||||
Pharmaceutical Services Act | Oct. 1/15 | by 2014 Bill 7, c. 8, section 107 only (in force by Reg 52/2015), Laboratory Services Act | ||||||||||||
Tobacco Damages and Health Care Costs Recovery Act | Oct. 1/15 | by 2014 Bill 7, c. 8, section 108 only (in force by Reg 52/2015), Laboratory Services Act | ||||||||||||
LABOUR & EMPLOYMENT | ||||||||||||||
Labour and Employment News: Pension Benefits Standards Act – Now in Force!
Can Provincial OHSA Legislation Apply Across Borders? The employee was hired in Ontario, where he lived, in September 2013. During his first year of employment, he worked for the employer in both British Columbia and Ontario. In February 2015, he was temporarily assigned to work in BC for about three weeks as a Warehouse Supervisor. While there, he raised a number of safety complaints relating to forklifts (which he said were operated by untrained employees at high speeds), the lack of first aid kits, obstruction of emergency exits, black ice and other hazardous conditions. The employee said that his efforts to have his concerns dealt with were unsuccessful. Read the full article by Adrian Miedema with Dentons LLP. Make Whole Remedies and Good In Fredrickson v. Newtech Dental Laboratory Inc., Leah Ann Fredrickson had worked for Newtech, a specialty dental laboratory, for about 8.5 years, when she took a leave of absence in connection with her husband's illness and an accidental injury to her son. Newtech's owner, Vince Ferbey, took issue with the manner in which Ms. Fredrickson took the leave and the effects on Newtech's operations. When Ms. Fredrickson returned to work on July 20, 2011, Mr. Ferbey advised her that she was being laid off and gave her her Record of Employment. Ms. Fredrickson considered that she had been dismissed and, on September 9, 2011, her counsel delivered that message to Newtech. Newtech responded through its counsel on September 23, 2011, directing Ms. Fredrickson to return to work on September 26, 2011, pursuant to the "lay off" and noting in a further letter on September 26 that, even if she had been wrongfully dismissed by Newtech, she had a duty to mitigate her damages and accept Newtech's offer of re-employment. Ms. Fredrickson did not accept Newtech's offer, but instead, on October 18, 2011, commenced an action for wrongful dismissal. Read the full article by Ryley Mennie with McCarthy Tetrault. |
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Act or Regulation Affected | Effective Date | Amendment Information | ||||||||||||
Employment and Assistance for Persons with Disabilities Regulation (265/2002) | Sept. 1/15 | by Regs 145/2015 and 148/2015 | ||||||||||||
Employment Standards Regulation (396/95) | Sept. 15/15 | by Reg 40/2015 | ||||||||||||
Forms Regulation (166/2015) (replaces Reg 95/2012) | NEW Sept. 1/15 |
see Reg 166/2015 | ||||||||||||
Forms Regulation (95/2012) | REPEALED Sept. 1/15 |
by Reg 166/2015 | ||||||||||||
Pension Benefits Standards Act | NEW Sept. 30/15 |
c. 30 [SBC 2012], Bill 38, whole Act, except section 133 (4), (in force by Reg 71/2015), as amended by 2014 Bill 10, c. 22, sections 1 (a) to (c), (e), 2 to 24, 36 only (in force by Reg 71/2015), Pension Benefits Standards Amendment Act, 2014 | ||||||||||||
Pension Benefits Standards Act | REPEALED Sept. 30/15 |
by 2012 Bill 38, c. 30, section 134 only (in force by Reg 71/2015), Pension Benefits Standards Act | ||||||||||||
Pension Benefits Standards Regulation (71/2015) (replaces Reg 433/93) | NEW Sept. 30/15 |
see Reg 71/2015 | ||||||||||||
Pension Benefits Standards Regulation (433/93) | REPEALED Sept. 30/15 |
by Reg 71/2015 | ||||||||||||
Public Sector Employers Act | Sept. 18/15 | by 2015 Bill 3, c. 2, section 58 only (in force by Reg 172/2015), Building Act | ||||||||||||
Public Sector Pension Plans Act | Sept. 30/15 | by 2012 Bill 38, c. 30, section 168 only (in force by Reg 71/2015), Pension Benefits Standards Act, as amended by 2014 Bill 10, c. 22, section 36 only (in force by Reg 71/2015), Pension Benefits Standards Amendment Act, 2014 | ||||||||||||
Time Period for Review Regulation (164/2015) | NEW Sept. 15/15 |
see Reg 164/2015 | ||||||||||||
Workers Compensation Act | Sept. 15/15 | by 2015 Bill 9, c. 22, sections 2 and 10 only (in force by Reg 164/2015), Workers Compensation Amendment Act, 2015 | ||||||||||||
LOCAL GOVERNMENT | ||||||||||||||
Local Government News: AGLG Legislative Amendments Introduced
In brief, the proposed amendments include:
Read the full UBCM news release. Environmental Bill of Rights The resolution, which passed, calls on the province to create an environmental bill of rights that would guarantee rights to clean air, water and food; "vibrant ecosystems;" public participation in decisions that affect the environment; access to justice when environmental rights are infringed; and whistle blower protection. The resolution was endorsed by delegates, but some, like Williams Lake Mayor Walter Cobb, had strong objections. "It's just another curtailment of resource communities," he told Radio West host Rebecca Zandbergen. "It already takes up to five years to get a permit to do some extraction of raw materials out of our province. If you want to shut down the resource communities in BC, then go for it. Because this will just be another nail in our coffin." Read the CBC article. Coping with Community Mailboxes The recent case of Canada Post Corp. v. Hamilton (City), 2015 O.N.S.C. 3615, a decision of the Ontario Superior Court of Justice, highlights some of the pitfalls of the stance taken by the City of Hamilton. The court's reasons for judgment indicate that there was, for various reasons, a general sentiment of opposition to community mailboxes on the part of council of the City of Hamilton. Read the full article by Michael Hargraves of Stewart McDannold Stuart LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information | ||||||||||||
Building Act | Sept. 18/15 | c. 2 [SBC 2015], Bill 3, sections 1 to 4, 6, 14 to 18, 19 (1), (2) (3) (a), 20, 21, 39 to 42, 45 only (in force by Reg 172/2015) | ||||||||||||
Building Officials' Association Act | Sept. 18/15 | by 2015 Bill 3, c. 2, section 46 only (in force by Reg 172/2015), Building Act | ||||||||||||
Community Charter | Sept. 18/15 | by 2015 Bill 3, c. 2, sections 48 and 50 only (in force by Reg 172/2015), Building Act | ||||||||||||
Liquor Control and Licensing Regulation (244/2002) | Sept. 15/15 | by Reg 242/2014, as amended by Regs 42/2015 and 152/2015 | ||||||||||||
Local Government Act | Sept. 18/15 | by 2015 Bill 3, c. 2, sections 52 to 55 only (in force by Reg 172/2015), Building Act | ||||||||||||
Ombudsperson Act | Sept. 11/15 | by 2015 bill 31, c. 30, section 1 only (in force by Reg 170/2015), Ombudsperson Amendment Act, 2015 | ||||||||||||
UBC Tall Wood Building Regulation (182/2015) | NEW Sept. 29/15 |
see Reg 182/2015 | ||||||||||||
MISCELLANEOUS | ||||||||||||||
Miscellaneous News: No News Items this Month |
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Act or Regulation Affected | Effective Date | Amendment Information | ||||||||||||
Commissioners for Taking Affidavits for British Columbia Regulation (142/2015) | NEW Sept. 1/15 |
see Reg 142/2015 | ||||||||||||
Freedom of Information and Protection of Privacy Act | Sept. 20/15 | by 2012 Bill 38, c. 30, section 163 only (in force by Reg 71/2015), Pension Benefits Standards Act | ||||||||||||
Freedom of Information and Protection of Privacy Regulation (155/2012) | Sept. 22/15 | by Reg 175/2015 | ||||||||||||
MOTOR VEHICLE & TRAFFIC | ||||||||||||||
Motor Vehicle and Traffic News: Motor Vehicle Amendment Act, 2015 Passengers are Insured Vehicle "Users": BCCA In a decision passed down yesterday by the BCCA, Felix v. ICBC, the court was called upon to determine whether a passenger who grabbed the steering wheel, causing a crash and injuring the driver, was indemnified under BC's public insurance scheme. The incident occurred in July 2006, as the appellant, Marnetta Felix, drove her drunken and argumentative boyfriend, Kevin Hearne, home on the highway. A couple of times, Hearne grabbed the steering wheel, apparently trying to scare his girlfriend. When he grabbed the wheel the third time, however, Hearne pulled it and crashed the car, killing himself and seriously injuring Felix. Read the full article by David Dias and published by Canadian Lawyer and Law Times blog Legal Feeds. What Changes do You Want to See to BC's Motor Vehicle Act (MVA) is the main legislation regulating the use of everything from cars to bicycles to skateboards on the province's roads. But the act, written more than half a century ago, doesn't reflect the realities of modern transportation, said Erin O'Melinn, executive director of HUB Cycling. "BC is behind on this, and I think our road safety legislation is letting us down," she said. Changes are coming to other parts of the country. This month, major updates came into effect for Ontario's road laws, aimed at improving bike safety. Quebec is expected to introduce new bike safety measures this fall. This week, the City of Montreal released a list of 20 recommendations, including allowing bikes to roll through stop signs and even ride on sidewalks in some cases. BC's Road Safety Law Reform Group, of which O'Melinn is a member, has studied the topic for the last year. Next month, the group plans to finalize a list of about a dozen recommended changes and clarifications for the Motor Vehicle Act – starting with the name. Read The Province article. |
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Act or Regulation Affected | Effective Date | Amendment Information | ||||||||||||
Motor Vehicle Act | Sept. 22/15 | by 2015 Bill 15, c. 13, sections 18 and 19 only (in force by Reg 177/2015), Motor Vehicle Amendment Act, 2015 | ||||||||||||
Motor Vehicle Act Regulations (26/58) | Sept. 22/15 | by Reg 177/2015 | ||||||||||||
PROPERTY & REAL ESTATE | ||||||||||||||
Property and Real Estate News: Got Kids? Find Another Place to Live "When I contacted a landlord and I explained that we had Ava, she abruptly told me that she wasn't welcome." Bruce McCubbin told CBC News. The McCubbins moved to Toronto from Edinburgh, Scotland in July. For Gina McCubbin, who grew up in Toronto's east end, it was a homecoming. They had a temporary place to stay with Gina's mother. Bruce quickly found a good, full-time job, and the couple started looking for an apartment to rent. They immediately started noticing a pattern, one confronting many Canadians. View CBC article. Vancouver Strata Councils Tackle "The City is providing no support," said Scott Mackenzie, strata president at 930 Cambie St. "We have been dealing with the ongoing issues of Airbnbs for nearly a year." "In one unit alone, we have had countless issues: parties, noise, damage to common space and even two weeks with a (sex worker) in the unit." The strata, said Mackenzie, registered a complaint with the City of Vancouver, but after six months, it was asked to resolve the issue via the Strata Property Act. "There are no mechanisms to collect fines outside of small claims court. Liens can be placed on a unit for strata fees and special levies, but cannot be placed for fines," he said. Read The Vancouver Sun article. |
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Act or Regulation Affected | Effective Date | Amendment Information | ||||||||||||
Homeowner Protection Act | Sept. 18/15 | by 2015 Bill 3, c. 2, section 51 only (in force by Reg 172/2015), Building Act | ||||||||||||
Homeowner Protection Act Regulation (29/99) | Sept. 3/15 | by Reg 33/2015 | ||||||||||||
Interest Rate Regulation (171/2015) (replaces B.C. Reg. 39/2015) |
NEW Sept. 17/15 |
see Reg 171/2015 | ||||||||||||
Land Act | Sept. 22/15 | by 2015 Bill 25, c. 36, sections 30, 31 (part), 33, 34, 36, 37 (a) to (e), 38 to 40, 42 only (in force by Reg 174/2015), Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2015 | ||||||||||||
Strata Property Act | Sept. 18/15 | by 2015 Bill 3, c. 2, sections 59 and 60 only (in force by Reg 172/2015), Building Act | ||||||||||||
WILLS & ESTATES | ||||||||||||||
Wills and Estates News: Friend of Deceased Hoped to Use WESA to There were a number of things at issue in this case. The Public Guardian and Trustee of BC, as official administrator for the Province, was asserting that the 1974 Will is the subsisting last will and testament of Mr. Massam. The defendants, Josh Thurston and his mother Robyn Thurston, were friends of the deceased, and Josh was asserting that an unsigned document dated September 20, 2011 ("unsigned will"), should be held as the last will and testament. Mr. Thurston would benefit from the unsigned will as it appointed him executor and provided a specific bequest to him of $10,000. Mr. Thurston represented himself throughout the proceedings. While Mr. Massam's estate was quite modest (~$62,000), Mr. Thurston's response was served as a counterclaim, claiming that the unsigned will was a valid testamentary disposition. Mr. Thurston's position was that the 1974 will was revoked by Mr. Massam because he provided instructions for the unsigned will shortly before his death. Mr. Thurston sought to employ the new curative provisions of WESA so that the court may find that the unsigned will is a valid testamentary disposition. He also claimed the formal execution requirements of the former Wills Act violated the Canadian Charter and Part 1 of the Constitution Act. It should be noted that it was uncontroversial that Mr. Massam never executed the unsigned will. Read the full article by the Wills Variation Group at the law firm MacIsaac & Company LLP. Court Allows Disinheritance of Estranged Children A few observations from this case:
Read the full article by Richard Weiland with Clark Wilson LLP. Spousal Wills Variation Claims The facts simply put were the plaintiff and the deceased married in 1989 and acquired joint tenancy property in 1992 in which they lived together as man and wife until 2009. Both parties were employed and both contributed financially to the upkeep and improvement of the property. The deceased was diagnosed with a debilitating disease in 2000, which necessitated the plaintiff leaving him in 2009 due to his abusive behaviour attributable to his illness. She continue to provide care services and financial assistance. Two months prior to his death he severed the joint tenancy property and left one half his interest in the property to charities, with their remaining 50% to longtime friends who provided care and companionship to him after the plaintiff left. The court varied his will and awarded the surviving spouse 50% of his estate. Read the full article by Trevor Todd with Disinherited – Estate Disputes and Contested Wills. |
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Act or Regulation Affected | Effective Date | Amendment Information | ||||||||||||
There were no amendments this month. | ||||||||||||||
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