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Vol: XV – Issue: XII – December 2016 | |
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QUICKSCRIBE NEWS: New Bookmark Feature on Quickscribe Quickscribe Welcomes Kim Jakeman as Latest Annotations
Watch this 20-minute YouTube video to learn more about annotations and how to receive alerts when new annotations are published to the laws that matter most to you. |
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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: Bitcoin Hits All-time High as Currency Controls by Countries The digital currency, which just turned eight years old, reached US$1,140.64, which was higher than the US$1,137 it hit in November of 2013. In December, bitcoin also surpassed its previous all-time high in total market capitalization, which now exceeds US$16.1 billion. The latest increase was driven by capital or currency restrictions in countries ranging from China to India and Venezuela, where people purchased bitcoin to protect their savings, as well as increased adoption by investors. The digital currency beat every other currency, stock index and commodity contract as an investment last year. Read the article published in the Financial Post. New, Lower Maximum Charges for Payday Loans Now in Effect The maximum allowable charge – including all fees – for a payday loan in British Columbia is $17 for every $100 borrowed, making it the second-lowest rate in Canada. Lowering the total allowable charge to $17 from $23 builds on regulations the Province implemented in 2009. Before then, borrowers paid whatever the lender charged – as much as $30 per $100 borrowed, and had limited protections and recourse against harmful lending practices. Read the government news release. FICOM News
Visit the FICOM website for more information. BC Securities – Policies & Instruments
For more information visit the BC Securities website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Agri-Food Choice and Quality Act | REPEALED Jan. 1/17 |
by 2016 Bill 11, c. 1, section 54 (b) only (in force by Reg 304/2016), Food and Agricultural Products Classification Act |
Agricultural Produce Grading Act | REPEALED Jan. 1/17 |
by 2016 Bill 11, c. 1, section 54 (a) only (in force by Reg 304/2016), Food and Agricultural Products Classification Act |
Beef Grading Regulation (98/78) | Jan. 1/17 | by Reg 306/2016 |
Bonding Regulations (11/68) | Jan. 1/17 | by Reg 99/2015 |
Business Practices and Consumer Protection Act |
Jan. 1/17 |
by 2015 Bill 21, c. 14, section 69 only (in force by Reg 261/2016), Fish and Seafood Act |
Designated Accommodation Area Tax Regulation (93/2013) | Jan. 1/17 | by Regs 275/2016 and 220/2016 |
Egg Grading and Standards Regulation (306/2016) |
NEW
Jan. 1/17
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see Reg 306/2016 |
Egg Product Regulation (99/78) | REPEALED Jan. 1/17 |
by Reg 306/2016 |
Enforcement Regulation (305/2016) | NEW Jan. 1/17 |
see Reg 305/2016 |
Food and Agricultural Products Classification Act | NEW Jan. 1/17 |
c. 1 [2016], Bill 11, whole Act in force by Reg 304/2016 |
Fruit and Vegetable Regulation (100/78) | REPEALED Jan. 1/17 |
by Reg 306/2016 |
Hatchery Regulation (101/78) | REPEALED Jan. 1/17 |
by Reg 303/2016 |
Hog Grading Regulation (102/78) | REPEALED Jan. 1/17 |
by Reg 306/2016 |
Honey Regulation (103/78) | REPEALED Jan. 1/17 |
by Reg 306/2016 |
Income Tax Act | Jan. 1/17 | by 2016 Bill 10, c. 3, section 34 only (in force by Royal Assent), Budget Measures Implementation Act, 2016 |
Live, Dressed and Eviscerated Poultry Regulation (104/78) | REPEALED Jan. 1/17 |
by Reg 303/2016 |
Natural Gas Tax Credit Regulation (100/2015) | NEW Jan. 1/17 |
see Reg 100/2015 |
Organic Agricultural Products Certification Regulation (200/93) | REPEALED Jan. 1/17 |
by Reg 304/2016 |
Organic Certification Regulation (304/2016) |
NEW
Jan. 1/17
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see Reg 304/2016 |
Payday Loans Regulation (57/2009) | Jan. 1/17 | by Reg 231/2016 |
Pension Benefits Standards Regulation (71/2015) | Dec. 7/16 | by Reg 297/2016 |
Dec. 31/16 | ||
Shell Egg Grading Regulation (105/78) | REPEALED Jan. 1/17 |
by Reg 306/2016 |
Veal Grading Regulation (323/84) | REPEALED Jan. 1/17 |
by Reg 306/2016 |
Wines of Marked Quality Regulation (79/2005) | Jan. 1/17 | by Reg307 /2016 |
ENERGY & MINES | ||
Energy and Mines News: BC's LNG Minister Predicts Northern Coast Rich Coleman says a decision on the development near Prince Rupert could come within the first six months of 2017. Coleman says he is very familiar with the development's design and tendering process and he anticipates several more meetings by mid-January with officials from Petronas, the project's majority owner. Low commodity prices have delayed an investment decision and Petronas said in October that it was reviewing the development and its conditions before moving forward. Read The Vancouver Sun article. Second Coal Mine to Reopen in Northeastern BC, Conuma Coal Resources Ltd. says the reopening of the mine 15 kilometres west of Tumbler Ridge is expected to create 220 jobs. That's in addition to 170 jobs that were created when Conuma Coal restarted the nearby Brule Mine in September, just months after purchasing both properties and a third coal mine in northwestern BC from Walter Canada. The Ministry of Energy and Mines says Conuma expects to have the Wolverine Mine operating at full production levels by April, exporting 1.5 million tonnes of metallurgical coal annually. Read The Vancouver Sun article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Liquefied Natural Gas Income Tax Regulation (101/2015) |
NEW Jan. 1/17 |
see Reg 101/2015 |
FAMILY & CHILDREN | ||
Family and Children News: Obtaining Evidence in High Conflict Parenting Disputes, Part 3: Rights of the Child: Have We Really Come Such a Long Way? Since Canada ratified the CRC on December 13, 1991, it has become the most universally accepted human rights instrument with all but one country in the world having ratified it. The CRC contains a bundle of civil, political, economic, social and cultural rights to support children's optimal development and wellbeing. While the CRC is not directly incorporated into domestic law through enabling legislation, it is referenced in Canadian law in limited instances, for example, the preamble to the Youth Criminal Justice Act, and has been cited in Supreme Court of Canada decisions. Read the full CBA National article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Interjurisdictional Support Orders Regulation (15/2003) |
Dec. 7/16 |
by Reg 290/2016 |
FOREST & ENVIRONMENT | ||
Forest and Environment News: New Regulations Enact Historic
The Great Bear Rainforest Land Use Order was finalized in February 2016, and the Great Bear Rainforest (Forest Management) Act received Royal Assent in May 2016. The regulations announced today bring the act into effect and meet government's commitment to full implementation of ecosystem-based management in the area. Read government news release. China's Proposed National Carbon Market and Both China and Canada ratified the Paris Agreement in September and October 2016 respectively, and it was entered into force on November 4, 2016. As one of its key greenhouse gas (GHG) emissions control initiatives, in 2017, China plans to establish a national carbon market (Chinese Carbon Market), according to China's President Xi Jinping. Once in place, the Chinese Carbon Market will be the largest carbon cap-and-trade scheme in the world, essentially involving all of China's local provincial governments (Local Governments) with oversight and guidance from the Central Government of China (Central Government). Read the full article by Roger Song and Ky Kvisle of Blake, Cassels & Graydon LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Aquaculture Regulation (78/2002) | REPEALED Jan. 1/17 |
by Reg 261/2016 |
British Columbia Housing Management Commission Regulation (490/79) | Dec. 19/16 | by Reg 323/2016 |
Enforcement Regulation (262/2016) | NEW Jan. 1/17 |
see Reg 262/2016 |
Farm Practices Protection (Right to Farm) Act | Jan. 1/17 | by 2015 Bill 21, c. 14, sections 70 to 72 only (in force by Reg 261/2016), Fish and Seafood Act |
Fish and Seafood Act | NEW Jan. 1/17 |
c. 14 [SBC 2015], Bill 21, whole Act in force by Reg 261/2016, as amended by 2016 Bill 11, c. 1, sections 57 and 58 only (in force by Reg 304/2016), Food and Agricultural Products Classification Act |
Fish and Seafood Licensing Regulation (261/2016) | NEW Jan. 1/17 |
see Reg 261/2016 |
Fish Inspection Act | REPEALED Jan. 1/17 |
by 2015 Bill 21, c. 14, section 67 (a) only (in force by Reg 261/2016), Fish and Seafood Act |
Fish Inspection Regulation (12/78) | REPEALED Jan. 1/17 |
by Reg 261/2016 |
Fisheries Act | Jan. 1/17 | by 2015 Bill 21, c. 14, section 67 (b) only (in force by Reg 261/2016), Fish and Seafood Act |
Fisheries Act Regulation (140/76) |
REPEALED
Jan. 1/17
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by Reg 261/2016 |
Forestry Service Providers Compensation Fund Regulation (64/2012) | Dec. 7/16 | by Reg 286/2016 |
Great Bear Rainforest (Forest Management) Act | NEW Dec. 31/16 |
c. 16 [SBC 2016], Bill 2, sections 1 to 6 and 49 to 71 only (in force by Reg 324/2016) |
Jan. 1/17 | 2016 Bill 2, c. 16, sections 7 and 8 to 36 only (in force by Reg 326/2016) and sections 37 to 48 only (in force by Reg 328/2016), Great Bear Rainforest (Forest Management) Act | |
Great Bear Rainforest (Forest Management) Regulation (327/2016) | NEW Jan. 1/17 |
see Reg 327/2016 |
Interest Rate Under Various Statutes Regulation (386/92) | Jan. 1/17 | by Reg 101/2015 |
Ministry of Lands, Parks and Housing Act | Dec. 19/16 | by 2016 Bill 25, c. 21, section 20 and 21 only (in force by Reg 323/2016), Miscellaneous Statutes (General) Amendment Act, 2016 |
Motor Vehicle Prohibition Regulation (196/99) | Dec. 16/16 | by Reg 313/2016 |
Recycling Regulation (449/2004) | Dec. 7/16 | by Reg 284/2016 |
Renewable and Low Carbon Fuel Requirements Regulation (394/2008) | Dec. 8/16 | by Reg 287/2016 |
Jan. 1/17 | ||
Sole Proponent Fees Regulation (224/2013) | Dec. 7/16 | by Reg 292/2016 |
Specialty Farm Operations Regulation (53/99) | Jan. 1/17 | by Reg 269/2016 |
Water Sustainability Regulation (36/2016) | Dec. 7/16 | by Reg 301/2016 |
HEALTH | ||
Health News: Suing Your Doctor: Contentious Malpractice System in for Patients complain of a scorched-earth defence approach by doctors, the number of lawsuits filed has been shrinking and the costs for governments that subsidize physicians' liability coverage have been rising sharply. A respected former judge, however, is about to shake up the system, putting the final touches on a largely unheralded, government-commissioned report with the potential to transform what happens when doctors get sued. While Stephen Goudge's closed-door review was requested by Eric Hoskins, the Ontario health minister, his recommendations to overhaul the contentious system could reverberate across the country. Goudge is best known for his inquiry into wrongdoing by forensic pathologist Dr. Charles Smith, which led to extensive changes in how Ontario investigates child deaths. Lawyers who represent patients in lawsuits against physicians say they hope he has a similar impact on their field. "In my mind, relatively simple changes could be transformative for our medical system," said Paul Harte, a Toronto malpractice lawyer. Read The Vancouver Sun article. BC Could Become National Leader in Asbestos Control Those calls are finally being answered. On Dec. 15, Prime Minister Justin Trudeau's government announced a full asbestos ban and a creation of new rules and regulations under the Canadian Environmental Protections Act (CEPA) that they hope will be enacted by 2018. Among a variety of measures, the federal government hopes to change national building codes to keep asbestos from being used in any new construction or renovation projects, as well as banning the import of asbestos-containing products such as brake pads. "We are taking action that is long overdue, and we are doing it in the best possible way," Health Minister Jane Philpott said. "Our government is taking action to protect Canadians from substances such as asbestos that can be harmful to their health and safety." There has also been a strong push in BC to create a licensing and certification system for asbestos removal contractors and workers in order to reduce the amount of people who are exposed to asbestos, a deadly substance that kills over 2,000 people in Canada each year. Read The Vancouver Sun article. Quickscribe Welcomes Kim Jakeman as |
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Act or Regulation Affected | Effective Date | Amendment Information |
Animal Health Act | Jan. 1/17 | by 2016 Bill 11, c. 1, sections 55 and 56 only (in force by Reg 304/2016), Food and Agricultural Products Classification Act |
Drug Schedules Regulation (9/98) | Dec. 5/16 | by Reg 279/2016 |
Food Products Standards Act |
REPEALED
Jan. 1/17
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by 2016 Bill 11, c. 1, section 54 (c) only (in force by Reg 304/2016), Food and Agricultural Products Classification Act |
Food Safety Act |
Jan. 1/17 |
by 2015 Bill 21, c. 14, sections 67 (c) and 73 only (in force by Reg 261/2016), Fish and Seafood Act |
Livestock Licensing Regulation (6/2015) | Dec. 8/16 | by Reg 303/2016 |
Medical and Health Care Services Regulation (426/97) | Jan. 1/17 | by Reg 223/2016 |
Poultry Health and Buying Regulation (303/2016) | NEW Jan. 1/17 |
see Reg 303/2016 |
Veterinary Drug and Medicated Feed Regulation (47/82) | Jan. 1/17 | by Reg 303/2016 |
LABOUR & EMPLOYMENT | ||
Labour and Employment News: Cumulative Cause.1 Invariably, the small business manager will not have all the facts, perspectives and arguments – not to mention the legal principles, precedents and distinctions – that will be placed before the judge, who is also a latecomer and stranger to the scene that must be managed today. The well laid out ordering, after the fact, of what decisions should have been made are neither easy to predict nor do they readily reflect all workplace realities. A recent case from British Columbia considered whether the senior communications manager for a sporting organization went too far in muddling her professional and personal commentary on social media. Read the full article by Peter Bowal, published on Law Now. Rise in First-responder Suicides Leads to Jennings, a former paramedic, began tracking suicides by BC first responders last year after a fire chief called to tell her about one at his hall. Before that, the Victoria woman maintained her website, You Are Not Alone PTSD BC, to provide support and resources to first responders, as well as to draw attention to what she sees as inadequate workers' compensation laws that make it tough to get help. BC's suicide rate among first responders, which rose from 14 last year, is higher than any other province, according to the Tema Conter Memorial Trust. It strengthened Jennings' belief that it should be easier for such staff to make a mental illness claim with WorkSafeBC. Jennings has been fighting to have her own PTSD recognized as work related since 2014. The decision on her final appeal is due Jan. 17. Read Vancouver Sun article. BC Human Rights Tribunal Rejects On July 6, 2016, Brian Yuen filed a complaint against Direction Legal LLP and one of its partners, Bonnie O.Y. Teng, alleging discrimination in employment on the basis of sexual orientation, marital status and race, contrary to s. 13 of the Human Rights Code. The allegations were related to events Yuen said occurred in July 2014. The tribunal indicated to both Yuen and Direction Legal that the complaint was filed outside the six-month time limit in BC and requested submissions on its timeliness. The Code provides that a complaint must be filed within six months of the alleged contravention. Read the full article published Jennifer Brown and published on Legal Feeds. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Employment and Assistance Regulation (263/2002) |
Dec. 7/16 |
by Reg 283/2016 |
Employment and Assistance for Persons with Disabilities Regulation (265/2002) | Dec. 7/16 | by Reg 283/2016 |
Personal Information Protection Act Regulation (473/2003) | Dec. 7/16 | by Reg 298/2016 |
University Act | Dec. 19/16 | by 2015 Bill 41, c. 42, sections 6 to 9 only (in force by Reg 321/2016), Miscellaneous Statutes Amendment Act (No. 3), 2015 |
University Student Society Fees Regulation (321/2016) | NEW Dec. 19/16 |
see Reg 321/2016 |
LOCAL GOVERNMENT | ||
Local Government News: Animal Law Lawyers Say Dangerous Dog Legislation Rebeka Breder, animal law lawyer at Breder Law Co. in Vancouver, says the bylaw – parts of which came into effect on Oct. 3 – is problematic on many fronts and she is hopeful the final decision in the broader legal challenge by the Montreal SPCA is "a more balanced approach that will consider the true facts, true science and the research that's been presented so far," she says. Camille Labchuk, animal rights lawyer and executive director of Animal Justice in Toronto, says the reality of the latest decision means pit bulls – and really all dogs in Montreal – are at risk from this "vague, discriminatory and ineffective bylaw." "What we know about keeping the public safe is strongly related to education and dog licensing," she says. "This is a draconian measure that's not going to work and is going to be expensive." Read the full article by Mallory Hendry and published on Legal Feeds. Marijuana Legalization Could Mean Closure for A federal task force appointed by the federal government to study how marijuana could be legalized and regulated in Canada released a report [December 13] with more than 80 recommendations. Read the CBC article. RCMP Contract Management Committee Update
Read the UBCM article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Canadian Pacific Railway (Stone and Timber) Settlement Act | Dec. 22/16 | section 11 repealed by section 11 (3) |
Electrical Power Corporations Valuation Regulation (217/86) | Dec. 19/16 | by Reg 314/2016 |
Eligible Port Property Designation Regulation (309/2010) | Dec. 5/16 | by Reg 281/2016 |
Farm Practices Protection (Right to Farm) Act | Jan. 1/17 | by 2015 Bill 21, c. 14, sections 70 to 72 only (in force by Reg 261/2016), Fish and Seafood Act |
Federal Port Development Act | Dec. 7/16 | c. 3 [SBC 2015], Bill 12, whole Act in force by Reg 285/2016 |
Francophone Education Authorities Regulation (212/99) | Dec. 8/16 | by Reg 310/2016 |
Interest on Prepaid Tax Regulation (394/89) | REPEALED Jan. 1/17 |
by Reg 199/2016 |
Local Elections Campaign Financing Prior to 2018 General Local Election Regulation (106/2014) (formerly titled Local Elections Campaign Financing Regulation) |
Dec. 8/16 | by Reg 309/2016 |
Local Elections Campaign Financing Expense Limit Regulation (106/2014) | Dec. 8/16 | by Reg 309/2016 |
Local Government Act |
Jan. 1/17 |
by 2015 Bill 21, c. 14, section 74 only (in force by Reg 261/2016), Fish and Seafood Act |
Managed Forest Land and Cut Timber Values Regulation (90/2000) | Dec. 19/16 | by Reg 318/2016 |
Organized Crime Agency of BC Complaints and Operations Regulation (229/2002) | Dec. 7/16 | by Reg 299/2016 |
Port Land Valuation Regulation (304/2010) | Dec. 5/16 | by Reg 280/2016 |
Prepayment of Taxes Regulation (199/2016) | NEW Jan. 1/17 |
see Reg 199/2016 |
Railway and Pipeline Corporations Valuation Regulation (203/86) | Dec. 19/16 | by Reg 316/2016 |
Railway, Pipeline, Electric Power and Telecommunications Corporation Rights of Way Valuation Regulation (218/86) | Dec. 19/16 | by Reg 317/2016 |
School Act | Dec. /16 | by 2016 Bill 5, c. 4, sections 2 to 4 only (in force by Reg 310/2016), Miscellaneous Statutes (Signed Statements) Amendment Act |
Specialty Farm Operations Regulation (53/99) | Jan. 1/17 | by Reg 269/2016 |
Subdividable Property Designation (Loggers Lane) Regulation (277/2016) | NEW Dec. 2/16 |
see Reg 277/2016 |
Telecommunications Corporations Valuation Regulation (226/86) | Dec. 19/16 | by Reg 315/2016 |
MISCELLANEOUS | ||
Miscellaneous News: Video Surveillance and Individual Privacy Rights: BC Privacy Commissioner H&C Update Following the SCC Kanthasamy Decision Regulations Support Student Societies in British Columbia The regulations are in response to the explicit authority to resign membership in a society under the new Societies Act. The regulations bring into force amendments to the University Act and the College and Institute Act allowing for the collection of fees from students who resign their membership, and define the types of fees that will be collected. Read government news release. BCCA Affirms Solicitor-Client Privilege as "Nearly Absolute" Soprema commenced an action against Wolrige Mahon LLP ("Wolrige") claiming that Wolrige had made false representations about the accuracy of financial statements Soprema had relied on in deciding whether to exercise an option to purchase shares. Wolrige brought an interlocutory application seeking production of some of Soprema's privileged documents, claiming Soprema had waived privilege over these by putting its state of mind at issue in the action. The chambers judge found that a waiver of privilege will be implied where a party has put its state of mind in issue in a manner that makes the privileged communications highly relevant to that state of mind, and where fairness and consistency require disclosure. He concluded that Soprema's pleadings put its state of mind in issue because to succeed in its negligent representation claim it must have relied reasonably on the alleged misrepresentations and therefore Soprema's understanding of its legal position was relevant to the issue of whether its reliance was reasonable. Read the full article by Amy Nathanson of Lawson Lundell LLP. Acting on the Indian Act And the proposed legislation's lack of provision for that eventuality is just one of the concerns the CBA's Aboriginal Law Section talked about in its submission when it appeared before the Senate Committee on Aboriginal Peoples on Nov. 29 and before the House Committee on Indigenous and Northern Affairs on Dec. 5. The submission traces the long history of steps toward Bill S-3, including the 1985 Indian Act amendments that fell short of their intention to eliminate discrimination against women in the Indian Status registration system, as it retained a gender-based inequity in generations to come. Descendants of Status women married to non-Status men lost their status after the second generation, while descendants of Status men married to non-Status women retained status to the third generation. The 2009 British Columbia Court of Appeal decision in McIvor v Canada (Registrar, Indian and Northern Affairs) said certain sections of the Indian Act violated the Charter. Read the CBA National article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Canadian Pacific Railway (Stone and Timber) Settlement Act |
Dec. 22/16 |
section 11 (3) repeals section 11 of the Act |
College and Institute Student Society Fees Regulation (320/2016) | NEW Dec. 19/16 |
see Reg 302/2016 |
College and Institute Act | Dec. 19/16 | by 2015 Bill 41, c. 42, sections 1 and 3 to 5 only (in force by Reg 320/2016), Miscellaneous Statutes Amendment Act (No. 3), 2015 |
Motion Picture Act | Jan. 1/17 | by 2015 Bill 33, c. 32, sections 15 (a) and 18 only (in force by Reg 293/2016), Motion Picture Amendment Act, 2015 |
Motion Picture Act Regulations (260/86) | Jan. 1/17 | by Reg 293/2016 |
Organized Crime Agency of British Columbia Complaints and Operations Regulation (229/2002) | Dec. /16 | by Reg /2016 |
South Coast British Columbia Transportation Authority Police Service Complaints and Operations Regulation (484/2004) (formerly titled South Coast British Columbia Transportation Authority Police Service Operations Regulation) |
Dec. 7/16 | by Reg 299/2016 |
Stl'atl'imx Tribal Police Service Complaints and Operations Regulation (385/99) (formerly titled Stl'atl'imx Tribal Police Service Operations Regulation) |
Dec. 7/16 | by Reg 299/2016 |
MOTOR VEHICLE & TRAFFIC | ||
Motor Vehicle and Traffic News: Three BC Cities Make Top 10 Drunk Driving List But the data can be interpreted in different ways: Do these cities really have higher rates of drunk driving, or just really good enforcement? Statistics Canada ranked 33 census metropolitan areas across Canada and found St. John's, Newfoundland had the highest number of police-reported incidents at 411 out of every 100,000 people. Kelowna, B.C was in second place at 323. In total, there were three BC cities in the top 10: Kelowna, Victoria, and Abbotsford-Mission. BC was the only province to have as many as three cities in the top 10. Read the Global News 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 |
Insurance (Vehicle) Regulation (447/83) | Dec. 7/16 | by Reg 289/2016 |
Motor Fuel Tax Regulation (414/85) | Dec. 7/16 | by Reg 294/2016 |
Special Direction IC2 to the British Columbia Utilities Commission (307/2004) | Dec. 7/16 | by Reg 288/2016 |
Dec. 19/16 | by Reg 319/2016 | |
Violation Ticket Administration and Fines Regulation (89/97) |
Jan. 1/17 |
by Regs 263/2016 and 308/2016 |
PROPERTY & REAL ESTATE | ||
Property and Real Estate News: Strata-Property Law: 2016 in Review
Read the full article published on the BCLI website. Better Late than Never: Court Finds that Landlord Still Entitled to Payment of
Read the full article by Jamieson D. Virgin, Dharampreet Dhillon, Articled Student of McMillan LLP. Real Estate Council Restricts Licences of Two The council will not say when it placed the restrictions, and details about possible misconduct and consumer risk have only been publicly accessible since the regulator made changes to its website this month. "Conditions may be placed on a licence for a variety of reasons. We recommend that anyone with questions about the circumstances that led to conditions being placed on a licence or the length of time the conditions have been in place, should ask the licensee about those issues," the council said in an emailed statement. The council has ordered that Metro Edge, which says it completed over 400 transactions in 2015, appoint a managing broker approved by the council who must sign-off on all listing information ahead of it being posted. The managing broker must also submit monthly reports with details about all transactions where the company represents both the buyer and seller and detail the use of any unlicensed assistants and their exact duties. Authority for trust account signing, including for electronic transfers, must be approved in writing and ahead of time by the council. It must also alert the council of any listing that offers any form of "commission bonus". Read The Vancouver Sun article. Tribunal Decision Means High Drywall In its decision, the tribunal found that American-made drywall dumped at less than normal prices into Western Canada over the past few years have injured the Canadian industry. The ruling means that preliminary duties of up to 276 per cent imposed by the Canada Border Services Agency on imports from the U.S. last September will end, but will be replaced by permanent variable duties on any imports that fall below a floor price established last month. Read the full Canadian Press article published by Maclean's. Small Claims: Coming Soon to the CRT Since we opened our doors, well over 3500 people have used the Solution Explorer to find help for their strata disputes. Based on public feedback and our data analytics, we believe most people who use the Solution Explorer find useful information and tools to resolve their dispute themselves. About 185 parties have made online applications for strata dispute resolution with the CRT. About half of filed disputes are currently in the facilitation phase, where we've started to see parties reach agreements, with the help of our expert facilitators. The CRT has also published its first tribunal decision, with more to come. So far, the technology is working very well and is easily able to accommodate the CRT's case volume. The team meets weekly to review possible improvements to all aspects of the CRT's technology and processes. The CRT is being implemented in stages. This lets us learn from the public and refine our dispute resolution processes as we take on different kinds of disputes. Now we are looking ahead to the CRT's next stage of development: resolving low-value small claims disputes. Read the full article published on the CRT website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Manufactured Home Park Tenancy Regulation (481/2003) |
Dec. 2/16 |
by Reg 278/2016 |
Residential Tenancy Act | Dec. 2/16 | by 2015 Bill 40, c. 40, sections 30 to 36 only (in force by Reg 278/2016), Natural Gas Development Statutes Amendment Act, 2015 |
Residential Tenancy Regulation (477/2003) | Dec. 2/16 | by Reg 278/2016 |
WILLS & ESTATES | ||
Wills and Estates News: Supreme Court of Canada Decision Takes a Fairmont Hotels Inc. and two subsidiaries sought to rectify a directors' resolution in which the directors had redeemed certain shares, triggering a tax liability. The redemption was part of a number of transactions by the companies to finance the acquisition of two hotels. Both the Ontario Superior Court of Justice and the Ontario Court of Appeal had allowed rectification, finding that the parties had from the outset a continuing intention to structure the transactions in a tax neutral way. Those two Ontario Courts had applied a previous leading authority from the Ontario Court of Appeal, Juliar v. Canada (Attorney General), 46 O.R. (3d) 104, aff'd (2000), 50 O.R. (3d) 728. In Juliar the Ontario Court of Appeal held that a transfer of shares for a promissory note that triggered a tax liability could be rectified so that the transaction would be an exchange of shares for shares, with the effect of deferring tax, on the bases that the parties had a common continuing intention to avoid an immediate tax liability. Read the full article by Stan Rule of Sabey Rule LLP and published on his blog Rule of Law. Court Rejects Disinheritance of Children However, these obligations of the will-maker are not absolute. Even if a court finds that a will-maker had an apparent "moral duty" to provide for their spouse or child, and did not do so, that obligation can be negated if the will-maker is found to have had sufficiently "valid and rational" reasons to disinherit or reduce that beneficiary's gift in the will, as this blog has covered in the past. Read the full article by Mark Weintraub with Clark Wilson LLP. Suspicious Circumstances
Read the full article by Trevor Todd – 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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