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Vol: XV – Issue: VIII – August 2016 | |
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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: Taxable Dispositions and Deferrals Kellogg Canada Agrees to $60,000 Fine for A statement issued by the CRTC on Sept. 1 indicated Kellogg Canada Inc. "…voluntarily entered into an undertaking with the chief compliance and enforcement officer of the Canadian Radio-television and Telecommunications Commission, in relation to an alleged violation of paragraph 6(1)(a) of the Act: "From 1 October 2014 to 16 December 2014, inclusively, messages were sent by Kellogg and/or its third party service providers during the period of 1 October 2014 to 16 December 2014 to recipients without consent of their recipients." Pursuant to section 21 of the Act, Kellogg Canada Inc. agreed to the monetary payment of $60,000 and to comply with, and ensure that any third party authorized to send a commercial electronic message on its behalf complies with, the Act and regulations, and to review and update its compliance program. The compliance program will be reviewed and updated by Kellogg Canada Inc. with the goal to promote compliance with the Act and regulations. More specifically, the program will cover elements such as revising written policies and procedures regarding compliance, training programs for Kellogg employees, tracking of commercial electronic message complaints and subsequent resolution, and implementing updated monitoring and auditing mechanisms to assess compliance. Read the full article by Jennifer Brown and published on the Canadian Lawyer Magazine. BC Securities – Policies & Instruments
For more information visit the BC Securities website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Business Practices and Consumer Protection Act | Sept. 1/16 | by 2015 Bill 7, c. 5, section 84 only (in force by Reg 140/2016), Private Training Act |
Cooperative Association Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 5 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Credit Union Incorporation Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 6 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Designated Accommodation Area Tax Regulation (93/2013) | Aug. 1/16 | by Reg 100/2016 |
Home Inspector Licensing Regulation (12/2009) | Sept. 1/16 | by Reg 70/2016 |
Insurance Premium Tax Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 8 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Provincial Sales Tax Exemption and Refund Regulation (97/2013) | Sept. 1/16 | by Reg 148/2016 |
Society Act | Aug. 29/16 | by Reg 218/2016 |
Special Direction IC2 to the British Columbia Utilities Commission (307/2004) | Aug. 25/16 | by Reg 215/2016 |
Tobacco and Vapour Products Control Act (formerly titled Tobacco Control Act) | Sept. 1/16 | by 2015 Bill 14, c. 11, sections 1 to 16 only (in force by Reg 149/2016), Tobacco Control Amendment Act, 2015 |
Tobacco and Vapour Products Control Regulation (232/2007) (formerly titled Tobacco Control Regulation) | Sept. 1/16 | by Reg 149/2016 |
Tobacco Tax Act | Sept. 1/16 | by 2015 Bill 14, c. 11, sections 18 to 21 only (in force by Reg 149/2016), Tobacco Control Amendment Act, 2015 |
ENERGY & MINES | ||
Energy and Mines News: Liquefied Natural Gas (LNG) Regulation Petronas' $11 Billion BC Gas Plan The Lax Kw'alaams Band, which opposes the current venue in British Columbia, is optimistic that it will be moved, said Mayor John Helin, whose community members endorsed talks on compensation for impacts on their traditional lands. The group is set to meet in the coming days with officials from the Pacific NorthWest LNG project and provincial and federal governments. While the developer says the proposal hasn't been altered, an online message circulated among Lax Kw'alaams members this month states that the terminal would be placed at one of two sites farther north than now envisioned. Local politics also are shifting with Helin's election in November after the band rejected C$1.15 billion in compensation in May 2015, citing environmental concerns. In March, Helin offered conditional support to Pacific NorthWest LNG in a letter to regulators. Read The Vancouver Sun article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Greenhouse Gas Reduction (Clean Energy) Regulation (102/2012) | Aug. 19/16 | by Reg 214/2016 |
Mineral Tenure Act Regulation (529/2004) | Sept. 1/16 | by Reg 50/2016 |
Petroleum and Natural Gas Act | Aug. 1/16 | by 2014 Bill 12, c. 10, sections 19 to 24, 26 to 29, 31 to 36, 37 (a) (part), (b), 38 only (in force by Reg 198/2016), Natural Gas Development Statutes Amendment Act, 2014 |
Sept. 1/16 | by 2015 Bill 15, c. 4, sections 31 to 33 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 | |
Petroleum and Natural Gas Act Fee, Rental and Work Requirement Regulation (378/82) | Aug. 1/16 | by Reg 198/2016 |
Petroleum and Natural Gas Drilling Licence and Lease Regulation (10/82) (formerly titled Petroleum and Natural Gas Drilling Licence Regulation) |
Aug. 1/16 | by Reg 198/2016 |
Renewable and Low Carbon Fuel Requirements Regulation | Sept. 1/16 | by Regs 50/2016 and 190/2016 |
FAMILY & CHILDREN | ||
Family and Children News: No news items under this category for this issue. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Adoption Regulation (291/96) | Sept. 1/16 | by Reg 50/2016 |
Child Care Licensing Regulation (332/2007) | Sept. 1/16 | by Reg 178/2016 |
Continuing Care Act | Sept. 1/16 | by 2016 Bill 5, c. 4, sections 14 and 15 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Correction Act Regulation (243/2015) | Sept. 1/16 | by Reg 243/2015 |
Residential Care Regulation (96/2009) | Sept. 1/16 | by Reg 178/2016 |
Trustee Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 29 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
FOREST & ENVIRONMENT | ||
Forest and Environment News: Public Lands and Forest Policy in BC Extensive public ownership of forest land in BC has meant extensive regulation of forestry in BC. Naturally, public ownership legitimizes forestry as a subject of public policy. A more balanced mix of public and private ownership of forest lands would likely have resulted in a different public policy towards forestry that would, in turn, have produced a different regulatory regime. Of course, some regulation of forestry would exist in any event. Regardless of the ownership model, the public would still insist upon some level of environmental regulation, particularly in relation to environmental impacts that do not respect property boundaries (e.g. water and fisheries). Federal export restrictions on logs might still exist in some form regardless of who owned the forest. We would still have legislation for occupational health and safety, as well as for wildfire protection. Government would still use tax policy to incentivize certain land uses over others (as it currently does for private managed forest land). Read the full article by Jeff Waatainen, a lawyer at DLA Piper LLP, and published in the September/October edition of the BC Forest Professional Magazine. BC's Updated Climate Action Plan: What You Need to Know, Although the Plan outlines more than 20 climate action areas that will be developed, Panel recommendations that are not addressed in the Plan are also noteworthy. This includes: no increase in the carbon tax, no interim 2030 reduction targets, no sectoral reduction targets, and no environmental assessment of the social cost of carbon. However, since the Plan is but a "first step", those elements may ultimately find their way into an updated Plan as the B.C. government negotiates with the federal government and the other provinces on a national approach to climate action. As one of the "first steps", the government announced the Clean Infrastructure Royalty Credit Program. Background Read the full article by Tony Crossman and Nardia Chernawsky of Blake, Cassels & Graydon LLP. Millions of Trees on the Way for Ravaged BC Forests, To meet carbon reduction goals, the province has called for 300,000 hectares of forests damaged by wildfire and pine beetle be rehabilitated over the next five years in order to turn the forests back into a carbon sink. It's titled the Forest Carbon Initiative. While the overall Climate Leadership Plan was panned by environmentalists who don't believe it will lead to any meaningful reduction in GHGs, for many members of the province's forestry sector, the commitment stands out. "If this is really 300,000 hectares that are going to treated over five years, then that would amount to [the replanting] of hundreds of millions of seedlings," said John Betts, director of the Western Silvicultural Contractors' Association. Read the CBC article. Environment Law: Residential Contamination The Facts Read the full article by Adam Way of Harper Grey LLP and published on the BCEIA website. 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 | Aug. 1/16 | by 2016 Bill 14, c. 10, sections 3 to 6 only (in force by Reg 180/2016), Finance Statutes Amendment Act, 2016 |
Carbon Tax Regulation (125/2008) | Aug. 1/16 | by Reg 180/2016 |
Controlled Alien Species Regulation (94/2009) | Aug. 16/16 | by Reg 213/2016 |
Pound Districts Regulation (253/2000) | Sept. 1/16 | by Reg 50/2016 |
Permit Regulation (253/2000) | Sept. 1/16 | by Reg 50/2016 |
Weed Control Act | Sept. 1/16 | by 2016 Bill 5, c. 4, sections 12 and 13 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Water Sustainability Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 11 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
HEALTH | ||
Health News: BC Agrees to Fund Lawyer for Mentally Kate Feeney, a staff lawyer for the BC Public Interest Advocacy Centre, said BC has agreed to provide the lawyer for the woman's hearing Aug. 23, but it doesn't signal that other people detained under the Mental Health Act will get lawyers paid for by the state. "This does not change their overall approach. There hasn't been any agreement about their overall approach," Feeney said. For years lawyers and critics have said the province does not adequately fund legal aid, particularly for mentally ill people who are involuntarily detained under the Mental Health Act. As little as $1 million would be needed to provide adequate legal aid for the mentally ill, according to Leonard Krog, the NDP critic for Justice and Attorney General. Read The Vancouver Sun article. Legislation in Effect to Regulate E-cigarettes The Tobacco and Vapour Products Control Act is designed to protect youth from the unknown effects of e-cigarette vapour and from becoming addicted to nicotine, which is why it treats e-cigarette use exactly the same as tobacco, with the same bans and restrictions. There are no restrictions on adults buying e-cigarettes. The Tobacco and Vapour Products Control Act was introduced as an amendment in spring 2015 to help stop the growing use of e-cigarettes by young people in British Columbia. Prevalence of e-cigarette use is highest among young people: one in five youth in Canada have tried an e-cigarette. The act, as amended, requires retailers to ensure e-cigarettes are sold only to adults aged 19 years and older, and to ensure that no retail displays are seen by youth. As well, no retail advertising for e-cigarettes should be shown where youth could see it. An exception on the indoor-use restriction was made so that a small number of customers in adult-only stores could learn how to use vapour products or to test products that they may wish to buy. Read the official government news release. Death, Bankruptcy and Longer Wait Times: Ottawa They come from an expert report commissioned by the federal government for a court case in British Columbia in which the government sought and received intervener status. The report, which was obtained by CBC News, lists many potential negative consequences if there were to be more access to private health care in Canada, including greater income inequality, more people in dire financial straits, and even doctors encouraging longer wait times in the public system in order to nudge patients into the private system. At the centre of the case is Vancouver's Cambie Surgery Centre, which describes itself as the only free-standing private hospital in Canada. The centre's operators are fighting provincial regulations that ban private insurance for medically necessary services. Dr. Brian Day, medical director at the Cambie Surgery Centre, disputes the federal government's report and says more private care would actually decrease wait lists in the public system. (Chuck Stoody/Canadian Press) Cambie's legal challenge is scheduled to begin Sept. 6 in B.C. Supreme Court. It pits the facility and several patient plaintiffs against the Medical Services Commission of B.C., the provincial Ministry of Health and the B.C. attorney general. Read the CBC article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Drug Plans Regulation (73/2015) | Sept. 1/16 | by Reg 221/2015 |
Hospital Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 16 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Hospital Insurance Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 17 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Provider Regulation (222/2014) | Sept. 1/16 | by Reg 50/2016 |
Tobacco and Vapour Products Control Act (formerly titled Tobacco Control Act) | Sept. 1/16 | by 2015 Bill 14, c. 11, sections 1 to 16 only (in force by Reg 149/2016), Tobacco Control Amendment Act, 2015 |
Tobacco and Vapour Products Control Regulation (232/2007) (formerly titled Tobacco Control Regulation) | Sept. 1/16 | by Reg 149/2016 |
LABOUR & EMPLOYMENT | ||
Labour and Employment News: When Workplace Discrimination is Not Nowhere is this "large and liberal" interpretation of the law more evident than in the employment context, where an "employer" has been held to include at times supervisors, contractors, unions, trade groups, significant customers or any other organization that occupies a position of power and can dictate conditions of employment. Recently, the British Columbia Court of Appeal in Schrenk v. British Columbia (Human Rights Tribunal), 2016 BCCA 146 had a look at this large and liberal interpretation of the law from a slightly different context: whether discrimination in the workplace that does not flow from a position of power or authority is covered by the Human Rights Code? To many, the Court's answer was surprising. Read the full article by David Brown of Pushor Mitchell LLP. FICOM releases Pension Report
You can view the Report here. Employee Can't Have Cake and Eat It Too: Court Strikes Background Read the full article by Joan M. Young and Natalie Cuthill with McMillan LLP. Great Expectations: BC Court of Appeal Confirms Employee Randall Alsip was initially offered a "full-time and permanent" position as a manager with Talius. Concerned about leaving his long-term position in an industry with which he was familiar, Mr. Alsip rejected the first offer of employment and insisted upon a pay raise and a fixed term of three years. Talius agreed, but the clause referring to full-time permanent employment was not removed from the agreement. Eight months into his employment, Talius terminated Mr. Alsip's employment without cause. At the time, Mr. Alsip took the position that he was entitled to be paid the balance of the three-year term. In contrast, his employer took the position that the inclusion of the three-year term was merely a temporal cap on his employment, and that it was able to terminate Mr. Alsip's employment by providing him reasonable notice of termination of employment or pay in lieu. Read the full article by Dana F. Hooker of DLA Piper LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Employment and Assistance Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 37 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Employment and Assistance for Persons with Disabilities Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 38 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
by 2014 Bill 17, c. 14, section 136 only (in force by Reg 165/2016), Miscellaneous Statutes Amendment Act, 2014 | ||
by 2015 Bill 3, c. 8, sections 1 and 2 only (in force by Reg 165/2016), Employment and Assistance for Persons with Disabilities Act | ||
Employment and Assistance for Persons with Disabilities Regulation (265/2002) | Sept. 1/16 | by Regs 165/2016 and 175/2016 |
Employment and Assistance Regulation 263/2002 | Sept. 1/16 | by Reg 175/2016 |
Labour Relations Code | Sept. 1/16 | by 2016 Bill 5, c. 4, sections 19 to 21 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
LOCAL GOVERNMENT | ||
Local Government News: Building Act Update for Local Governments
In addition, the document includes a list of temporarily unrestricted matters. It appears that these matters are still under review by the Province, and will no longer be unrestricted once the matter is addressed by a provincial requirement. Read the UBCM news release. BC Municipalities Seek Share of Marijuana The cities of Duncan, Nelson and Prince George have each put forward resolutions to the Union of BC Municipalities convention next month, suggesting the UBCM petition the federal government to provide local governments with a portion of future federal or provincial tax collected through marijuana sales and distribution. Duncan's resolution also suggests the tax-sharing concept be forwarded to the federal task force set up to design the new regulatory framework for marijuana. "We want to make sure there aren't negative impacts for municipalities. Different communities are dealing with it in different ways. It's quite a mess out there right now," Duncan Mayor Phil Kent said. Read The Vancouver Sun article. Central Saanich Mayor Calls on Ottawa to Hordes of geese have been feasting on crops throughout the region before farmers have a chance to harvest them. The battle has been fought with a cull, more hunting licences being issued, and even lasers, but Central Saanich mayor Ryan Windsor thinks the real solution might be lifting federal protections on non-migratory Canada geese. All Canada geese are currently protected by the Migratory Birds Convention Act which prohibits people from harming the birds, except under very specific conditions. Read the CBC article. LTSA Announces Availability of ParcelMap BC –
At present, available regions to search include the local government areas bounded by the regional districts of Nanaimo, Cowichan Valley, Capital, Bulkley-Nechako, Fraser-Fort George, Kitimat-Stikine, Skeena-Queen Charlotte, Cariboo and Central Coast. This represents nine of 29 regional districts to be compiled. Read the LTSA news release. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Agricultural Land Reserve Use, Subdivision and Procedure Regulation (171/2002) | Aug. 2/16 | by Reg 210/2016 |
Gaming Control Act | Sept. 1/16 | by 2016 Bill 5, c. 4, sections 22 to 27 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Liquor Distribution Act | Sept. 1/16 | by 2016 Bill 5, c. 4, sections 35 and 36 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Local Government Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 1 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
School Calendar Regulation (314/2012) | Aug. 3/16 | by Reg 211/2016 |
MISCELLANEOUS | ||
Miscellaneous News: British Columbia (Director of Civil Forfeiture) v. Violette, Canada's Human Rights System: Reform on the Way? |
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Act or Regulation Affected | Effective Date | Amendment Information |
Election Act | Sept. 1/16 | by 2016 Bill 5, c. 4, sections 22 to 27 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Fees and Student Tuition Protection Fund Regulation (140/2016) | NEW Sept. 1/16 |
see Reg 140/2016 |
Freedom of Information and Protection of Privacy Act | Sept. 1/16 | by 2015 Bill 7, c. 5, section 85 only (in force by Reg 140/2016), Private Training Act |
Private Career Training Institutions Act | REPEALED Sept. 1/16 |
by 2015 Bill 7, c. 5, section 82 only (in force by Reg 140/2016), Private Training Act |
Private Career Training Institutions Regulation (466/2004) | REPEALED Sept. 1/16 |
by 2015 Bill 7, c. 5, section 82 only (in force by Reg 140/2016), Private Training Act |
Private Training Act | NEW Sept. 1/16 |
c. 5 [SBC 2015], Bill 7, whole Act in force by Reg 140/2016 |
Private Training Regulation (153/2016) | NEW Sept. 1/16 |
see Reg 153/2016 (as amended by Reg 216/2016) |
Private Training Transitional Regulation (141/2016) | NEW Sept. 1/16 |
see Reg 141/2016 |
Special Municipal Constables Complaints Regulation (46/2016) | NEW Aug. 1/16 |
see Reg 46/2016 |
Recall and Initiative Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 28 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
MOTOR VEHICLE & TRAFFIC | ||
Motor Vehicle and Traffic News: Court Finds It Is an Abuse of Process for ICBC to In today's case (Glover v. Leakey) the Defendant was involved in a crash and injured two passengers. One sued and fault was admitted and ultimately settlement reached. The second sued but fault was denied. In the midst of a jury trial the Plaintiff discovered the inconsistent pleadings and asked for a finding of liability. Due to a misunderstanding the matter proceeded to verdict and the jury found the Defendant was not negligent. Before the order was entered the Court considered the matter and found that the liability denial was an abuse of process, stripped the defence and granted liability in favour of the plaintiff. Read the full article by Erik Magraken on the BC Injury Law blog. CVSE Bulletins & Notices
For more information on these and other items, visit the CVSE website. Proposed Canadian Regulations: PFDs In November 2009, the pilot of a commercial seaplane initiated a left hand turn shortly after take-off from Saturna Island, British Columbia. During the turn, given the prevailing atmospheric conditions and bank angle, an aerodynamic stall resulted in the left wing dropping and nose pitching down. The aircraft descended rapidly and collided with the water, causing the floats to collapse. Read the full article by Michael Dery with Alexander Holburn Beaudin + Lang LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Off-Road Vehicle Regulation (193/2015) | Sept. 1/15 | by Reg 50/2016 |
Motor Fuel Tax Act | Aug. 1/16 | by 2016 Bill 14, c. 10, sections 34 to 50 only (in force by Reg 180/2016), Finance Statutes Amendment Act, 2016 |
Motor Fuel Tax Regulation (125/2008) | Aug. 1/16 | by Reg 180/2016 |
Motor Vehicle Act | Sept. 1/16 | by 2015 Bill 14, c. 11, section 17 only (in force by Reg 149/2016), Tobacco Control Amendment Act, 2015 |
Violation Ticket Administration and Fines Regulation (89/97) | Sept. 1/16 | by Reg 149/2016 |
PROPERTY & REAL ESTATE | ||
Property and Real Estate News: BC's New Strata Laws Mean Some It's ideal living in a city where it's increasingly hard to find community-oriented housing. Her five-unit condo building was built in the 1930s, so the rooms are unfashionably spacious and designed for long-term living. But Ms. Wilson's four neighbours have decided to work with a real estate broker who says he can put together a land assembly with the apartment building next door, which is already for sale. The broker, says Ms. Wilson, has told them it will be listed for $6-million, which she figures would land her about $400,000 more than what her unit would sell for if she sold it separately. But Ms. Wilson does not want to sell. She loves her apartment, and she questions whether she will ever find another place like it. When she attended the initial meeting with her neighbours, she was shocked to discover the changes to BC's law governing strata – or multifamily – housing that went into effect this past month. The new Strata Property Act allows the termination of a strata with only 80 per cent of residents in agreement instead of a unanimous vote. Read The Globe And Mail article. BC Liberals Must Pull Off Balancing Act on Max Cameron, a political scientist at the University of British Columbia, said the prospect of housing affordability turning into an election issue is "undoubtedly" what motivated the Liberals to step in with the tax. "Their gamble is that it's better to look like you're doing something than to appear indifferent or tone deaf to the issue," Cameron said. "This is a government that is very single-minded about its electoral calculations. That's what drives its policy making." On Aug. 2, the provincial government began levying a 15-per-cent tax on all non-Canadians purchasing property in Metro Vancouver. It justified the surprise move as a bid to boost affordability for citizens looking to enter the housing market. Cameron said the BC Liberals' strategy appears aimed at depriving the Opposition New Democrats of fodder to accuse them on the campaign trail of inaction on housing. Read The Vancouver Sun article. Property Disclosure Statements: In Nixon v. MacIver, 2016 BCCA 8, the Court of Appeal neatly summarized the legal principals concerning property disclosure statements. In Nixon, the purchasers were buying a home that they understood to be 5 or 6 years old and received a PDS which indicated that the roof was 6 years old. The headnotes of the case state that the residence had been constructed by incorporating a cabin from elsewhere into a newly constructed foundation and lower level. The purchasers discovered that the roof of the cabin had not been replaced and, as such, the roof was not 6 years old as indicated in the PDS. In the result, although the PDS incorrectly stated the age of the roof, the vendors had not experienced problems with the roof and had assumed that a new roof had been placed on the entire structure. In other words, the vendors didn't know that their understanding of the facts was incorrect. Read the full article by Jeremy Burgess with Pushor Mitchell LLP. Strata-lot Owner Held Responsible to Pay Strata Corporation's Strata Plan VR360 v Jauhar, 2016 BCPC 238, involved water damage apparently resulting from an overflowing toilet. The claimant was the strata corporation; the defendant was the owner of a strata lot on the third floor. The claimant called evidence from plumber who had attended at the site. He testified that a "foot" was "lodged inside" the toilet: The "foot" for clarity is a bumper which attaches to the underside of the toilet seat and rests on the top rim of the bowl. It was approximately 2 inches long by 1/2 inch wide and 1/4 of an inch in depth. The inside of the toilet trap is not finished and is rough in texture and as a result objects can get stuck on imperfections. The "foot" caused a blockage, which resulted in "water flowing from the 3rd floor down into the parking garage." Read the full article published on the British Columbia Law Institute website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Form of Evidence Regulation (316/2007) | Sept. 1/16 | by Reg 69/2016 |
Land Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 9 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Land Title Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 10 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
Manufactured Home Park Tenancy Regulation (481/2003) | Sept. 1/16 | by Reg 50/2016 |
Property Transfer Tax Act | Aug. 2/16 | by 2016 Bill 28, c. 27, sections 2 to 17 only (in force by Royal Assent), Miscellaneous Statutes (Housing Priority Initiatives) Amendment Act, 2016 |
WILLS & ESTATES | ||
Wills and Estates News: Committeeship Applications: The Uragi Case The need for a committeeship may be limited where proper advanced planning is done. Various documents may be prepared by a capable adult in the event that he or she becomes incapable. These documents include an enduring power of attorney ("POA"), representation agreement ("RA") and an advance directive. As well, a nomination of committee ("Nomination") can potentially assist the Court when determining who should be committee. In the recent case of Uragi, 2016 BCSC 1517, there was no dispute that Mrs. Uragi was incapable based on the medical evidence. Thus, Mrs. Uragi was a patient. The main issue concerned the selection of the committee and the Court was called upon to decide who ought to be appointed as Mrs. Uragi's committee of person and estate – her longtime friends, the Itos, or her niece from Japan, Ms. Yoshimura. Read the full article by Raman Johal of Clark Wilson LLP. A History of Constructive Trust Academic writers seem to agree that this type of trust developed in an ad hoc fashion from the 17th century. D.W.M. Waters, M.K. Gillen and L.D. Smith, the authors of Waters' Law of Trusts (4th ed., 2012), note that the types of obligations enforced by means of this trust "reflected the whole spectrum of remedies that were available in the equity jurisdiction", although they were mainly concerned with what we would call fraud (very broadly defined), mistake and fiduciary relationships. (At 480.) Such trusts were invoked, for example, where necessary to preclude employees from retaining secret profits made by abusing their positions; to prevent the Statute of Frauds from being used to effect a fraud; or for ensuring that a stranger who intermeddled with a trust or assisted in a breach of trust would be required to account for any profits so obtained. The authors go on to state: Effectively … English courts did not seriously examine what the constructive trust as a concept was for, and, without the direction that this inquiry would have given, they fell into describing what the position of a person is like, who is vested with property the benefit of which he is obligated to hold for another. It was like the express trust; there was a trustee and a beneficiary, there was trust property and duties with regard to that property which fell upon the trustee. The name, constructive trust, described the existence of an independent obligation; it neither created that obligation, nor was it itself a remedy. This was the approach taken to the constructive trust and it has survived to the present day in the more traditional common law jurisdictions of the Commonwealth. [At 481.] Read the full article by lawyer Trevor Todd and published on his site: Disinherited – Estate Disputes and Contested Wills. Single Mom in Financial Need Awarded 100% of Her The deceased's daughter was a single mother with two young children. The daughter had a close relationship with her mother, but sadly her mother's will made no direct provision for her. HELD: Action allowed – the will was to be varied in favour of the daughter. The court found the daughter had a strong moral claim against her mother's estate. Read the full article by the Wills Variation Group of the law firm MacIsaac & Company LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Wills, Estates and Succession Act | Sept. 1/16 | by 2016 Bill 5, c. 4, section 30 only (in force by Reg 191/2016), Miscellaneous Statutes (Signed Statements) Amendment Act, 2016 |
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