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Vol: XV – Issue: IX – October 2016 | |
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QUICKSCRIBE NEWS: Civil Resolution Tribunal Act (Early Consolidation – Societies Act – Coming November 28! PDF ToC Link Issues Resolved
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Tip: Log in to Quickscribe Online prior to clicking Reporter links... |
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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: Proposed Amendments to the Canada Managing the Audit of Real Estate Transactions Rather unsurprisingly, as prices rose the conversation eventually shifted to the unaffordability of real estate in these markets and there have now been questions about who was responsible for inflating the real estate prices, how to control the prices and there were further questions about whether buyers and sellers were complying with their tax obligations. It is this latter question that might have been of greatest interest to the audit division of CRA. A recent story in the Globe and Mail focused upon the apparent lack of tax oversight in the Vancouver real estate market and a statement from BC's finance minister called on the CRA to enforce the law "diligently". The BC Finance Minister's office has also indicated that the Ministry is working with CRA to assist with lifestyle audits by providing property transfer information to CRA. Against this background, the CRA has announced that it has launched a review of real estate transactions in BC. We learned that the CRA had already been focusing on BC's real estate market and now plans to add 70 auditors to the region. In late September CRA published "How Does the Canada Revenue Agency address non-compliance in the real estate sector?" In this publication, CRA advises that it has "doubled its level of effort focused on the BC real estate sector" and that it has also "started a review of 500 high dollar value real estate transactions in British Columbia." Read the full article published by Greg DelBigio, Q.C. and co-written by Ken Jiang and Noah Sarna of Thorsteinssons LLP. Private Placement as Defensive Tactic Considered in The joint panel determined not to cease trade a private placement of common shares launched by Dolly Varden Silver Corporation (Dolly Varden) following the announcement by Hecla Mining Company (Hecla) of its intention to make an unsolicited offer to acquire all of Dolly Varden's outstanding shares (the Hecla Bid). The Ontario Securities Commission also cease traded the Hecla Bid until such time as it obtains and delivers to Dolly Varden's shareholders a formal valuation pursuant to Multilateral Instrument 61-101 Protection of Minority Shareholders in Special Transactions (MI 61-101). Hecla withdrew and terminated its bid following the announcement of the orders. Read the full article by Linda Misetich Dann, Kelly Ford, Brent W. Kraus and Patrick Sullivan of Bennett Jones LLP. FICOM News
Visit the FICOM website for more information and other related news. BC Securities – Policies & Instruments |
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Act or Regulation Affected | Effective Date | Amendment Information |
Designated Accommodation Area Tax Regulation (93/2013) | Nov. 1/16 | by Reg 220/2016 |
Film and Television Tax Credit Regulation (4/99) | Oct. 1/16 | by Reg 183/2016 |
National Instrument 23-101 Trading Rules (252/2001) | Oct. 1/16 | by Reg 163/2016 |
Prescribed Classes of Property Regulation (438/81) | Oct. 28/16 | by Reg 256/2016 |
Provincial Sales Tax Exemption and Refund Regulation (97/2013) | Nov. 1/16 | by Reg 218/2016 |
Ski Hill Property Valuation Regulation (291/2007) | Oct. 25/16 | by Reg 251/2016 |
ENERGY & MINES | ||
Energy and Mines News: National Energy Board Cuts Long-term In an update released Wednesday [October 26th], the regulator projects inflation-adjusted oil prices rising to US$68 a barrel by 2020 and US$90 by 2040, $12 and $17 a barrel lower, respectively than in its January report. "A lot of it is the ability of oil production to be sustained at lower prices," said Shelley Milutinovic, chief economist at the NEB. "There's an expectation that somewhere between 40 and 60 dollars a barrel, you can get a lot of oil production around the world," she said. The lower prices are expected to translate to lower long-term production for Canada, where costs are comparatively high. Read The Vancouver Sun article. Feds "Stand Behind" LNG Decision, Brace for First Nations leaders and an environmental group are assembling at the Federal Court of Canada in Vancouver to file a series of actions to challenge Ottawa's decision last month to approve the $11.4-billion Pacific NorthWest LNG proposal. The critics will base their challenges on both Aboriginal title and environmental grounds. "We stand behind the science in this decision," McKenna told Postmedia, noting the extra time her department took to assess the risks before approving the project, subject to 190 conditions. "If legal action is taken we'll certainly consider what next steps need to be taken." The event Thursday [October 27th] morning will involve Aboriginal leaders and hereditary chiefs from a number of northern First Nations, as well as Union of BC Indian Chiefs Grand Chief Stewart Phillip and a representative of the SkeenaWild Conservation Trust. Read The Vancouver Sun article. British Columbia Utilities Commission Denies Approval for The subject application from Creative Energy Vancouver Platforms Inc. (Creative Energy) sought approval for a NEA with the City of Vancouver (Vancouver), to provide Creative Energy with an exclusive franchise to supply a district energy system (DES) in the subject neighbourhoods. In its Application, Creative Energy also sought approval of a Certificate of Public Convenience and Necessity, a Connection Agreement and various rate parameters which define a methodology upon which a future rate application will be based. The project at issue is called a Low Carbon Neighbourhood Energy System and is proposed to proceed in two phases. Phase 1 consists of a hot water piping network connected to Creative Energy's existing natural gas fuelled steam system, through steam to hot water conversion stations. Phase 2 envisions a switch to a fuel source that produces less greenhouse gases than natural gas. Read article by David Stevens with Aird Berlis LLP. The New Federal Carbon Pricing Policy – Roadmap to a
Read the full article by Chidinma Thompson, Alan L. Ross and Matti Lemmens of Borden Ladner Gervais LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. | ||
FAMILY & CHILDREN | ||
Family and Children News: Obtaining Evidence in High Conflict In Part 1, the use of lawyers for children [is discussed]. Another method the court may use to obtain reliable information about a child's best interests is to get information from experienced and qualified experts, usually psychologists or someone with a master's degree in social work. In some cases a child may already be seeing a therapist, however, these professionals must be very careful about the evidence they share with the court, especially if they have a duty to keep information they have received from their child client confidential. Also, it is a very different task to do therapy than to do an assessment of a child or their situation. Their governing bodies usually do not permit experts to take on both roles. The Alberta court has developed best practices for obtaining information from experts for use in family law proceedings. These are set out in Family Law Practice Notes 7 and 8. Read the full article by Sarah Dargatz and published on Law Now. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Child, Family and Community Service Act | Oct. 17/16 | by 2015 Bill 41, c. 42, sections 14 to 16 only (in force by Reg 240/2016), Miscellaneous Statutes Amendment Act (No. 3), 2015 |
Family Maintenance Enforcement Act Regulation (346/88) | Oct. 1/16 | by Reg 227/2016 |
FOREST & ENVIRONMENT | ||
Forest and Environment News: As Canada Negotiates New Softwood Pact, "They're absolutely right," Husband said in a phone interview. BC is responsible for about half of Canada's production of softwood, which includes spruce, pine, fir, hemlock, cedar and other trees. Lack of government oversight, allowing excessive cutting and charging low stumpage fees for logging trees on public land in the province all amount to subsidies, Husband said. Read the Tyee article. Substantive Changes Coming to Contaminated 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 |
Administrative Penalties Regulation (Environmental Management Act) (133/2014) | Nov. 1/16 | by Reg 218/2016 |
Apollo Forest Products Ltd. Exemption Regulation (242/2016) | NEW Oct. 20/16 |
see Reg 242/2016 |
Greenhouse Gas Industrial Reporting and Control Act | Oct. 25/16 | by 2015 Bill 19, c. 15, section 7 only (in force by Reg 244/2016), Greenhouse Gas Industrial Reporting and Control Amendment Act, 2016 |
Solid Fuel Burning Domestic Appliance Regulation (218/2016) (replaces B.C. Reg. 302/94) |
NEW
Nov. 1/16
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see Reg 218/2016 |
Solid Fuel Burning Domestic Appliance Regulation (302/94) |
REPEALED
Nov. 1/16
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by Reg 218/2016 |
HEALTH | ||
Health News: Cambie Surgeries Corporation v. British Columbia Ian Mulgrew Opinion: Justice Handed A groundbreaking B.C. Supreme Court trial is supposed to answer that question, but expert testimony already shows Justice John Steeves is wading into a quagmire. In a near half-hour discussion with the judge after giving his evidence – explaining waiting times, who measured them, what was being measured, who was in the queue and what were the benchmarks – key witness John McGurran said, "it's a dog's breakfast." Two clinics and a handful of patients claim the wait is so long and so harmful that provisions of B.C.'s Medicare Protection Act restricting access to private care should be struck down as unconstitutional. Read The Vancouver Sun article. BC Doctor Resigns from Catholic Hospital Board after Earlier this year, Dr. Jonathan Reggler spoke out against St. Joseph's General Hospital where he works. On Tuesday [October 18th], he resigned from the hospital's ethics committee. "The motto of St Joseph's Hospital is care with compassion, this is the single most uncompassionate ... hospital policy I've come across," he said. As the hospital's representative on the committee, Reggler says he could not sit by and watch as critically ill patients with a desire for medically-assisted deaths were transferred to other institutions. Read the CBC article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Emergency Medical Assistants Regulation (210/2010) |
Oct. 14/16 |
by Reg 239/2016 |
Health Professions General Regulation (275/2008) | Oct. 14/16 | by Reg 239/2016 |
LABOUR & EMPLOYMENT | ||
Labour and Employment News: No Agreement: British Columbia Supreme Court Finds Termination In particular, employees who are terminated without cause are entitled to reasonable notice of termination of employment at common law. Common law notice, which is inclusive of statutory notice, can range from a few weeks to an unofficial upper-limit of 24 months. Where reasonable notice of termination at common law is not provided, an employee may sue his or her former employer for wrongful dismissal, and, among other things, may be awarded damages in respect of wages, benefits, incentives, bonuses, and other perquisites of employment over the applicable notice period. Notice periods are not dependent on any formula or rule of thumb, and are set at the discretion of the court after consideration of non-exhaustive factors including the employee's age, length of service, position and duties, education and experience and the availability of alternative employment. Read the full article by Dana F. Hooker of DLA Piper. Uber Loses Free Ride on Employment Laws I'm not talking about the price of lost jobs, disappearing economies, or even the competitors that go under. I'm talking about the cost to the innovator themselves as they create new models and paradigms that historic regulatory structures are unprepared for. One of the most talked about contemporary change these days is Uber (although its status as disruptive is disputed). The obvious regulatory burdens faced by the company include the anticipated clash with taxis, notable for the protests in Toronto and Montreal. The more significant legal challenges faced by Uber is the classification of its workers. Last summer, the California Labor Commission ruled in Uber v Berwick that Uber workers in that state were employees, not contractors, based on the broad basis of control exerted by the company. But this decision is considered largely administrative, and non-binding, so it has had limited effect on subsequent claims. Read the full article by Omar Ha-Redeye and published on Slaw. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Employment and Assistance Regulation (263/2002) | Oct. 1/16 | by Reg 233/2016 |
Employment and Assistance for Persons with Disabilities Regulation (265/2002) | Oct. 1/16 | by Reg 233/2016 |
Employment Standards Regulation (396/95) | Oct. 1/16 | by Reg 189/2016 |
Pension Benefits Standards Regulation (71/2015) | Oct. 25/16 | by Reg 245/2016 |
Reservists' Leave Regulation (254/2016) | NEW Oct. 27/16 |
see Reg 254/2016 |
LOCAL GOVERNMENT | ||
Local Government News: Societies Act [Local Government] There are new conflict of interest provisions in the Act that both directors and officers of societies must familiarize themselves with. If there are any questions of whether or not a conflict may exist under these new provisions it is prudent to seek legal advice. All pre-existing societies will be required to file a transition application under the new Act by November 28, 2018. While the transition process itself is simply a matter of consolidating the bylaws, and uploading a copy of the constitution and bylaws electronically into the new Registry system that is being implemented, there are some important things for societies and their members to be aware of during the transition process. Read the full article by Marie Watmough of Staples McDannold Stuart LLP. BC Building Act Update: Variation Requests
Read the UBCM article. City of Vancouver Issues Standard Form The policy provides that the City will not accept any form of cheque (whether certified or not) or bank draft as an alternative form of security and that the City will only accept letters of credit from the following financial institutions: Read the full article by Scott Anderson of Lawson Lundell LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Bylaw Notice Enforcement Regulation (175/2004) | Oct. 28/16 | by Regs 246/2016, 247/2016 and 248/2016 |
Gas Safety Regulation (103/2004) | Nov. 1/16 | by Reg 209/2016 |
Prescribed Classes of Property Regulation (438/81) | Oct. 28/16 | by Reg 256/2016 |
Ski Hill Property Valuation Regulation (291/2007) | Oct. 25/16 | by Reg 251/2016 |
MISCELLANEOUS | ||
Miscellaneous News: BC Election Act Challenged in Supreme Court of Canada The B.C. Freedom of Information and Privacy Association is challenging the law, arguing it restricts freedom of expression in this province, and that it should include an exception for third parties spending less than $500 on election advertising. Section 239 of BC's Election Act says election advertising sponsors must register with the chief electoral officer. The B.C. Civil Liberties Association is an intervener in the case. Lawyer Laura Track said the association is concerned the law is too broad. Red the CBC article. CBA: Privacy Act Should Require Government to The federal Privacy Commissioner sent the government a letter outlining 16 changes that he believes need to be made to the Privacy Act. The CBA's Privacy and Access Law Section agrees with most of those changes – in fact it has made many of the same recommendations over the past decade or more. And it doubles down by saying the Access to Information Act – which, like the Privacy Act, has not been substantially changed in 34 years – must be amended at the same time. "Both statues have been treated as a package since they were enacted and there are compelling reasons to continue doing so," the Section says. Read the CBA National article. On the Road: SCC Allows Class Action Judges to Hold
Read the full article by Erin Hoult and Brittany Shamess of Blake, Cassels & Graydon LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. |
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MOTOR VEHICLE & TRAFFIC | ||
Motor Vehicle and Traffic News: Motorist Found Fully at Fault for Crash In the case of (Bingul v. Youngson) the Plaintiff was rear-ended by a dump-truck driven by the Defendant. The parties had different versions of how the collision occurred but the Court noted concerns with the Plaintiff's credibility and accepted the Defendant's testimony. The court found that the Plaintiff abruptly moved into the lane of traffic occupied by the Defendant when it was unsafe to do so, namely when he was stopping for an intersection up ahead. In finding the Plaintiff fully at fault and dismissing the claim Madam Justice Baker provided the following reasons: Read the full article by Erik Magraken and published on his blog BC Injury Law. BC Health Minister Worried about Prevalence of "Drugged Driving" The study tracked 662 young people between the ages of 12 and 18 from the Victoria area over the course of a decade. "It is critically important that we think about drugged driving. I know from conferences I have attended that often people are drinking and consuming cannabis together," said BC Health Minister Terry Lake. "That means if they were to get behind the wheel of a car, they could put themselves and others at great risk." "I think as a society we should really be getting our heads around that and devise ways and means of reducing the number of people who are doing that." Read the CBC 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 |
Violation Ticket Administration and Fines Regulation (89/97) | Nov. 1/16 | by Reg 219/2016 |
PROPERTY & REAL ESTATE | ||
Property and Real Estate News: BCLI – An Update on the Public Consultation on So far, the committee has received 22 responses, with eight of the responses coming to the full consultation (PDF) and 14 coming to the summary consultation (MS Word). The majority of these responses favour the committee's approach to incremental reform. That said, a sizable minority would like to see bolder changes, particularly in connection with sections and types. Read the full article on the BCLI website. BC Superintendent of Real Estate "My job is to represent the public and protect the public and act for the public and their best interests," says Noseworthy, a lawyer and government regulator, who takes on the over-sight role of the real estate industry and its regulatory body, the BC Real Estate Council. Noseworthy's consumer protection stance continues the hard line taken by Premier Christy Clark when the Liberals became embroiled in real estate controversy for failing to provide the needed regulation framework to stop shadow-flipping by real estate agents. Clark responded by passing a law to prohibit it, implementing tough new financial penalties for realtors and the firms, dismissing the board members of the Council, removing the real estate industry's right to self-regulate, and creating Noseworthy's full-time position. Read the full article by Jean Sorenson and published on the Canadian Lawyer Magazine website. Unlicensed Foreign Agents Leverage Lax There is no need to worry, he says. Buying a home in Vancouver is simple. His company will dispatch people to the airport, then guide an inexperienced buyer through the entire process. No other company will be involved, he promises. "If you go to look at a house, our headquarters staff will take care of you," he says. His colleagues will come every day to arrange showings and, when a suitable home is found, arrange negotiations with the seller's agent, he says. "Our staff will participate in the whole process, and arrange for you to apply for a loan at the bank," he says to a Globe and Mail reporter posing as a buyer. Read The Globe And Mail article. Strata Must Disclose Tribunal Proceedings on Department of Finance Canada Launches Consultation Process to Review Proposed |
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Act or Regulation Affected | Effective Date | Amendment Information |
Real Estate Services Regulation (506/2004) |
Oct. 25/16 |
by Reg 249/2016 |
WILLS & ESTATES | ||
Wills and Estates News: Protecting Your Children from Their Spouses and Other Conversations to Sale of your Principal Residence by Due to an administrative policy of Canada Revenue Agency, when a taxpayer disposed of a principal residence it was not necessary to report the sale (or other disposition) on his/her T1 Income Tax and Benefit Return given s/he did not have to pay tax on the sale. The ability to rely on this policy depended on whether the taxpayer was eligible for the full exemption. This would be the case if the property was the taxpayer's principal residence for every year that s/he owned the property. On October 3, 2016 the Government announced a change to this administration policy. For sales of a principal residence on or after January 1, 2016, a taxpayer will have to report certain information. Read the full article by Corina Weigl and published on the blog All About Estates. Drilling Down on the Deductibility of Income Tax Act rules state that executor compensation paid by an estate or trust for the purpose of gaining or producing income from a business or property may be deductible in computing income of the trust for tax purposes. The use of the word "may" is what causes uncertainty about when it qualifies or which part of the compensation is deductible. This article aims to bring clarity to the issue. From a qualitative perspective, the facts of each situation will determine the permissibility of claiming the deduction as well as the magnitude of that deduction. For example, let us consider a case where more than 90 per cent of the estate's holdings are public securities that are divided into several portfolios where each is managed by a different investment manager. If the Canada Revenue Agency (CRA) audits a claimed deduction for compensation by this estate, the agency's mandate is to determine whether the grounds for claiming the deduction are legitimate and supported. Read the full article by Avi Dahary and published in the Advocate Daily. |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. |
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