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Vol: XVI – Issue: I – January 2017 | |
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QUICKSCRIBE NEWS: Spring Legislative Session Quickscribe Welcomes Mark Oulton – Forestry Law Latest Annotations
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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: New Rules Increase Transparency and The act increases transparency for new franchisees by requiring franchisors to disclose important information about the company's legal, financial and bankruptcy history. The act also provides new legal protections for BC-based franchisees including:
The act outlines remedies in the event a potential franchisee is misled about potential profits through the disclosure documents by providing a time frame which a franchisee may rescind a franchise agreement, without penalty or obligation. Read more. Regulations for CBCA's New Diversity, Majority Voting and
The proposed regulations were published on December 13, 2016 and will not come into effect until Bill C-25 itself takes force (it has passed second reading). As noted in our previous post, Bill C-25 is primarily an effort to bring the CBCA into alignment with recent developments in Canada's securities laws and stock exchange rules. Read the full article by Laura Levine and Alethea Au of Stikeman Elliot LLP. Case Update: Insider Trading and Tipping in Canada and the US In Finkelstein, the Ontario Court supported the use of circumstantial evidence in establishing liability for tipping and insider trading and reiterated its deference to decisions of securities commissions. Also, the Court broadened its interpretation of the definition of "special relationship" in the Securities Act (Ontario) to include tippees who "ought reasonably to have known" that they received material non-public information from a person in a special relationship with the issuer. Accordingly, insiders should be careful not to share material non-public information, and individuals who receive material non-public information should not share that information or trade on it, as they can now more easily be found to have a "special relationship" with the issuer and accordingly be held liable for insider trading or tipping. Read the full article by Nafeesa Valli-Hashman of Clark Wilson. 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) | REPEALED 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 |
Feb. 1/17 | by Reg 275/2016 | |
Egg Grading and Standards Regulation (306/2016) |
NEW Jan. 1/17 |
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 |
Film and Television Tax Credit Regulation (4/99) | RETROACTIVE to Jan. 25/17 |
by Reg 13/2017 |
Food and Agricultural Products Classification Act | NEW Jan. 1/17 |
c. 1 [2016], Bill 11, whole Act in force by Reg 304/2016 |
Franchises Act | NEW Feb. 1/17 |
c. 35 [SBC 2015], Bill 38, whole Act in force by Reg 238/2016 |
Franchises Regulation (238/2016) |
NEW Feb. 1/17 |
see Reg 238/2016 |
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 |
see Reg 304/2016 |
Payday Loans Regulation (57/2009) | Jan. 1/17 | by Reg 231/2016 |
Provincial Sales Tax Act | Jan. 23/17 | by 2015 Bill 27, c. 19, sections 113 to 116 only (in force by Reg 241/2016), Liquor Control and Licensing Act |
Provincial Sales Tax Regulation (96/2013) | Jan. 23/17 | by Reg 291/2016 |
Retention of Fees for Training Program Regulation (167/2015) | Jan. 23/17 | by Reg 302/2016 |
Shell Egg Grading Regulation (105/78) | REPEALED Jan. 1/17 |
by Reg 306/2016 |
Tobacco Tax Act Regulation (66/2002) | Jan. 31/17 | by Reg 17/2017 |
Veal Grading Regulation (323/84) | REPEALED Jan. 1/17 |
by Reg 306/2016 |
Wines of Marked Quality Regulation (79/2005) | Jan. 1/17 | by Reg 307/2016 |
ENERGY & MINES | ||
Energy and Mines News: BCUC Determines That It Has No Jurisdiction to Among other things, the Decision approves the continuation of BC Hydro's two-tier residential rate structure, the simplification of BC Hydro's commercial rate structure and the termination of a legacy rate program for customers with space and water heating from BC Hydro. A summary of the Decision is set out in the BCUC's News Release explaining the Decision. One main topic addressed in the Decision is around whether the BCUC has the jurisdiction to approve separate distribution rates (or waiver from certain charges) for low-income customers. This topic arises because, in addition to the rate design approvals sought by BC Hydro, other parties in the proceeding made their own proposals. Notable among these was a series of requests/proposals from the British Columbia Old Age Pensioners' Organization (referred to as BCOAPO) and other aligned groups for approvals that would assist low-income ratepayers having difficulty with rising electricity bills. A fundamental part of the BCOAPO proposals was for the BCUC to approve an "essential services usage block" (ESUB) rate applicable to a base level of electricity consumption. The ESUB rate would only be available for qualified low-income ratepayers. Read the full article by David Stevens of Aird & Berlis LLP's Energy Group. President Trump's Executive Order on Keystone XL – Incentives Power Up the Switch to Specialty-use vehicles are used on the job in factories and warehouses, on campuses and city streets, at parks and resorts, malls, airports and dockyards. Zero-emission specialty-use vehicles include electric or hydrogen fuel cell motorcycles, low-speed utility trucks, heavy duty transport trucks, passenger buses and airport and port service vehicles. Michelle Stilwell, MLA for Parksville-Qualicum announced the program [January 27th] at Canadian Electric Vehicles in Errington, near Parksville on Vancouver Island, manufacturer of the electric Might-E utility truck. Read the full government news release. |
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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 |
Tyson Creek Hydro Corp. Exemption Regulation (/2017) | NEW Jan. 30/17 |
see Reg 8/2017 |
FAMILY & CHILDREN | ||
Family and Children News: BC Justice Education Society's Interactive New Aboriginal Family Court Program "Today's announcement marks an important step toward our goal to improve outcomes for Aboriginal children and families," said Suzanne Anton, Attorney General and Minister of Justice. "It's important to note that it was the Elders who brought this idea to us. We listened carefully to their ideas about keeping families together and are pleased to help bring a new approach to BC's courtrooms for Aboriginal families." Read the full government news release. |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. |
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FOREST & ENVIRONMENT | ||
Forest and Environment News: 2017 Policy Update – Spills Response – Ombudsman Reports Serious Gaps in Access to Helicopter "Rural communities today are impacted twice compared to urban centres – first, in reduced access to medical care and again in reduced access to emergency medical transportation," said BC Forest Safety Ombudsman Roger Harris. "For remote communities, as the distance to the nearest medical facility increases, the access to HEMS should be enhanced, not reduced." The report, Will It Be There – A Report on Helicopter Emergency Medical Services in BC, indicates that the serious gaps in the provision of emergency medical transport for workers in rural parts of the province threatens the medical outcomes of forestry workers – as well as residents – who have little to no guarantee to timely medical response in the event of an emergency. The current system falls short when compared to other jurisdictions such as Washington State or Alaska, with similar geography to BC, which have legislation to ensure that 99% of their population is within a 60-minute response time to a Level 3 trauma centre. Read the full BC Forest Safety article with links to the report. Canada and British Columbia Invest in Wood Premier Clark made the announcement during the Natural Resource Forum in Prince George on behalf of the Province of B.C. and the Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development. Of the $4.5-million investment:
The City of Prince George is providing land for the facility in downtown Prince George, adjacent to the Wood Innovation and Design Centre. The Wood Innovation Research Lab will be used by students in the master of engineering in integrated wood design program and the BC leadership chair in tall wood and hybrid structures engineering. Read the full government news release. Lumber Industry, BC Government to Launch Susan Yurkovich, the president of the council, and BC Forests Minister Steve Thomson say an agreement on softwood lumber is needed to avoid the damage that will result from import restrictions into the U.S. and higher prices. Yurkovich and Thomson, who met with federal Foreign Affairs Minister Chrystia Freeland on Monday [February 6th] in Ottawa, say no budget has been set for the lobbying effort. But if the past is any indication, such a campaign can be expensive. Read more of the CBC News article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Aquaculture Regulation (78/2002) | REPEALED Jan. 1/17 |
by Reg 261/2016 |
Conservation Officer Service Authority Regulation (318/2004) | Jan. 23/17 | by Reg 291/2016 |
Enforcement Regulation (262/2016) | NEW Jan. 1/17 |
see Reg 262/2016 |
Environmental Data Quality Assurance Regulation (301/90) | Jan. 31/17 | by Reg 19/2017 |
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 |
by Reg 261/2016 |
Great Bear Rainforest (Forest Management) Act | 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 |
Park, Conservancy and Recreation Area Regulation (180/90) | Jan. 16/17 | by Reg 296/2016 |
Renewable and Low Carbon Fuel Requirements Regulation (394/2008) | Jan. 1/17 | by Reg 287/2016 |
Specialty Farm Operations Regulation (53/99) | Jan. 1/17 | by Reg 269/2016 |
Woodlot Licence Planning and Practices Regulation (21/2004) | Jan. 31/17 | by Reg 16/2017 |
HEALTH | ||
Health News: BC Court of Appeal Overturns Ruling that Laws Protecting In February last year, BC Supreme Court Justice George Macintosh refused to find that Mike Singh, the owner of a Lower Mainland asbestos-removal contractor, and his son, Shawn Singh, were in contempt of court for violating a 2012 court order. The judge found that the terms of the order requiring the Singhs to comply with the Workers Compensation Act and its regulations were too voluminous and difficult to understand. The order, also directed at Singh's company Seattle Environmental Consulting Ltd., came after WorkSafeBC issued 237 asbestos violation notices to the company and two men between 2007 and 2012 and imposed fines in excess of $200,000. WorkSafeBC appealed Macintosh's ruling and earlier this month, a three-judge panel of the BC Court of Appeal found that Macintosh had made a number of errors in his ruling. Read The Vancouver Sun article. Lab Test Confirms Carfentanil is Being Ingested Urine lab testing found carfentanil present in 57 of 1766 urine drug tests conducted from Jan. 10-24, 2017. Positive results were detected in samples originating from treatment facilities in Vancouver, Surrey, New Westminster, Maple Ridge, and Richmond. This is a limited sample size but does provide confirmation of the presence of carfentanil in BC. Read more. |
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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) | Jan. 27/17 | by Reg 6/2017 |
Food Products Standards Act |
REPEALED Jan. 1/17 |
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 |
Health Professions General Regulation (275/2008) | Jan. 27/17 | by Reg 6/2017 |
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 |
Jan. 31/17 | by Reg 10/2017 | |
Veterinary Drug and Medicated Feed Regulation (47/82) | Jan. 1/17 | by Reg 303/2016 |
LABOUR & EMPLOYMENT | ||
Labour and Employment News: Get Ready for Strangers at your Collective In Pro Vita Care Management Inc. and the Hospital Employees' Union (PDF), the British Columbia Labour Relations Board was faced with a bad faith bargaining complaint brought by a union against an employer who provided healthcare services at four separate facilities. Each facility was individually certified by the union, with its own specific collective agreement. Furthermore, each collective agreement contained a provision outlining the size of the bargaining committee on the union's side. When bargaining for the first site commenced, the union declared that it had adopted an "open bargaining policy" and brought members of its negotiating committees for the three other facilities to the table to attend as "observers". The employer immediately objected to the presence of those observers. When it learned that the union insisted on bringing observers the next day at another bargaining table, the employer refused to meet for bargaining. A complaint for unfair labour practice ensued. Read the full article by David T. McDonald of Fasken Martineau. Protecting Employees from Social Media Harassment A provincial arbitrator ruled that the Toronto Transit Commission (TTC) failed to protect its employees from harassment and discrimination on Twitter. The arbitrator found that specifically, the @TTChelps twitter account did not take the reasonable available measures to protect its employees. Under the Ontario Human Rights Code, workplaces must be free from harassment and discrimination. In accordance with the ruling in this arbitration, the Internet and social media are now considered to be part of the workplace that requires protection. The TTCHelps Twitter hotline allows customers to vent their frustrations with the TTC. If users have questions, complaints or feedback, the TTC will respond, but the primary purpose of the @TTChelps account is to express regret and empathy to dissatisfied TTC customers. Through this Twitter account, the TTC does not attempt to justify what happened, or suggest to the customer that their complaint was frivolous or otherwise unwarranted. Rather, the TTC simply apologizes to its customers, and expresses that the incident that gave rise to the complaint should not happen again. The arbitrator found the TTC's approach to be inappropriate and conducive to harassment of the TTC's employees. In the view of the arbitrator, the TTC must not tolerate offensive tweets, but rather, must condemn them. Failing to condemn the language can be perceived as condoning the language and validating the customer's allegation that the TTC employee behaved inappropriately, even if the employee did not do anything wrong. Read the full article by Marty Rabinovitch and Daniel Frank on First Reference Talks. Canada is One Step Closer to Legalizing Cannabis and The full report, titled A Framework for the Legalization and Regulation of Cannabis in Canada: The Final Report of the Task Force on Cannabis Legalization and Regulation, is now available for download. Noteworthy to employers are the Task Force's comments on minimizing the harms of use of cannabis in the workplace and emphasis on the "urgent need for research reliability determine when individuals are impaired." Read the full article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Pension Benefits Standards Regulation (71/2015) | Jan. 31/17 | by Reg 18/2017 |
Security Services Regulation (207/2008) |
Jan. 23/17 |
by Reg 291/2016 |
LOCAL GOVERNMENT | ||
Local Government News: New Liquor Act Comes into Force |
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Act or Regulation Affected | Effective Date | Amendment Information |
Agricultural Land Reserve Use, Subdivision and Procedure Regulation (171/2002) | Jan. 23/17 | by Reg 291/2016 |
Classes of Business Premises and Liquor Licences Regulation (33/99) (formerly titled Classes of Business Premises Regulation) |
Jan. 23/17 | by Reg 291/2016 |
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 |
Gaming Control Regulation (208/2002) | Jan. 23/17 | by Reg 291/2016 |
Home Owner Grant Regulation (100/2002) | RETROACTIVE to Jan. 1/17 |
by Reg 31/2017 |
Insurance Licensing Exemption Regulation (328/90) | Jan. 31/17 | by Reg 15/2017 |
Interest on Prepaid Tax Regulation (394/89) | REPEALED Jan. 1/17 |
by Reg 199/2016 |
Liquor Control and Licensing Act | REPEALED Jan. 23/17 |
by 2015 Bill 27, c. 19, section 92 only (in force by Reg 241/2016), Liquor Control and Licensing Act |
Liquor Control and Licensing Act | NEW Jan. 23/17 |
c. 19 [SBC 2015], Bill 27, sections 1 to 82, 83 (a), (c), (d), 84 to 90 only (in force by Reg 241/2016), as amended by 2016 Bill 25, c. 21, sections 23 to 33 only (in force by Royal Assent), Miscellaneous Statutes (General) Amendment Act, 2016 |
Liquor Control and Licensing Regulation (244/2002) | REPEALED Jan. 23/17 |
by Reg 241/2016 |
Liquor Control and Licensing Regulation (241/2016) | NEW Jan. 23/17 |
see Reg 241/2016, as amended by Reg 291/2016 |
Liquor Distribution Act | Jan. 23/17 | by 2014 Bill 15, c. 13, section 45 (a) only (in force by Reg 241/2016), Liquor Control and Licensing Amendment Act, 2014, and by 2015 Bill 27, c. 19, sections 101 (c) to (i), 102, 103, 105 and 107 only (in force by Reg 241/2016), Liquor Control and Licensing Act |
Liquor Distribution Regulation (611/76) | Jan. 23/17 | by Reg 291/2016 |
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 |
Prepayment of Taxes Regulation (199/2016) | NEW Jan. 1/17 |
see Reg 199/2016 |
Special Wine Store Licence Auction Regulation (25/2016) | Jan. 23/17 | by Reg 291/2016 |
Specialty Farm Operations Regulation (53/99) | Jan. 1/17 | by Reg 269/2016 |
Vancouver Charter | Jan. 23/17 | by 2015 Bill 27, c. 19, section 117 only (in force by Reg 241/2016), Liquor Control and Licensing Act |
MISCELLANEOUS | ||
Miscellaneous News: Notice to Registered Property Owners: Mortgage Releases Risky Business: BC Court of Appeal Lets Action About
Read the full article by Mathew Good and Joshua Hutchinson of Blake, Cassels & Graydon LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
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 |
Provincial Immigration Programs Act |
NEW
Feb. 1/17
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c. 37 [SBC 2015], Bill 39, whole Act in force by Reg 311/2016, repealing Reg 300/2016 |
Provincial Immigration Programs Regulation (/2017) | NEW Feb. 1/17 |
see Reg 20/2017 |
MOTOR VEHICLE & TRAFFIC | ||
Motor Vehicle and Traffic News: BC Motorcyclists Want "Lane Splitting" Legal So-called "lane-splitting" is illegal in the province, but many frustrated riders are skirting the law to avoid traffic bottlenecks. Proponents say the practice will ease congestion and speed up traffic flow for everyone on the road. Jamie Dick of Action Motorcycles in Victoria says the outlawed manoeuvre is popular among his customers. "I think it's a great idea for two wheels. Let them go through," he told CTV Vancouver Island. "It's just what motorcyclists do." Lane splitting is legal in a number of countries, including Sweden, Ireland, and Singapore. California became the first U.S. state to formally allow the move in August. Read the CTV News article. CVSE Bulletins & Notices
For more information on these and other items, visit the CVSE website. Remember to Buy Your New BC Parks Licence Plate In partnership with the Insurance Corporation of British Columbia, the specialty licence plates were unveiled by Environment Minister Mary Polak and Transportation and Infrastructure Minister Todd Stone in Vancouver [early in January]. The licence plates allow motorists to show their support, while ensuring BC Parks has additional funds to invest in new programs and improvements. To discover more about costs, fees, and license plate designs, read the BC Government Information Bulletin. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Commercial Transport Fees Regulation (328/91) | Jan. 18/17 | by Reg 1/2017 |
Motor Vehicle Fees Regulation (334/91) | Jan. 18/17 | by Reg 1/2017 |
Permitted Cost of Services (BC Parks Number Plates) Regulation (2/2017) | NEW Jan. 18/17 |
see Reg 2/2017 |
Permitted Cost of Services (Olympic Number Plates) Regulation (92/2007) | REPEALED Jan. 18/17 |
by Reg 2/2017 |
Violation Ticket Administration and Fines Regulation (89/97) |
Jan. 1/17 |
by Regs 263/2016 and 308/2016 |
Jan. 23/17 | by Reg 295/2016 | |
Jan. 31/17 | by Reg 17/2017 | |
PROPERTY & REAL ESTATE | ||
Property and Real Estate News: Will BC's Foreign Buyers' Tax Administrators The political discussion surrounding the tax has assumed that the affected purchasers are mainly wealthy individuals from overseas who are intent on snapping up Vancouver real estate in neighborhoods that are now too expensive for local income-earners to live in. However, real estate lawyers and other professionals have generally been confronted with more complicated circumstances that are potentially subject to the tax, which have largely been left out of the public discourse. This is particularly concerning when one considers the amounts at stake. For example, the average sale price of a Vancouver house is over $1.5 million, which would mean additional tax of $225,000 on a single purchase. With these kinds of numbers in play, one would expect not only complex legislative changes to underlie the tax, but also appropriately sophisticated government publications that explain the government's views on common interpretative issues expected to arise in the course of the administration of the tax. The related amendments to BC's Property Transfer Tax Act (the "PTTA") are indeed complex. But the implementation of these amendments was coupled with the publication by the government of Information Sheet 2016-006: Additional Property Transfer Tax on Residential Property Transfers to Foreign Entities in the Greater Vancouver Regional District (July 27, 2016). Nothing has been published more recently. Read the full article by Noah Sarna of Thorsteinssons LLP. |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. |
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WILLS & ESTATES | ||
Wills and Estates News: BC Court Weighs in on Wills Variation The "wills variation" provision, at section 60 of WESA, gives the children and spouse of a deceased person the ability to challenge deceased's will on the basis that it does not make adequate provision for the spouse's or children's proper maintenance and support. Legally adopted children also have standing to make a claim under this section. The question in this case was "[d]oes a child who is adopted by other parents after birth, but who is named as a beneficiary under his birth mother's will, have standing to seek relief under [s. 60 of WESA]". Read the full article by Joni Metherell of Pushor Mitchell LLP. 2017 Estate Planning - A Return to Planning Uncertainty |
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Act or Regulation Affected | Effective Date | Amendment Information |
Wills, Estates and Succession Act |
Jan. 23/17 | by 2015 Bill 19, c. 27, section 118 only (in force by Reg 241/2016), Liquor Control and Licensing Act |
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