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Vol: XVI – Issue: IV – April 2017 | |
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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: The Eco Oro Decision – OSC Draws the Line on In a separate ruling issued on the day after the OSC's decision, the Supreme Court of British Columbia (the B.C. Court) dismissed a petition by Eco Oro shareholders to set aside the issuance of Eco Oro's shares on the basis of oppression. Read the full article by Douglas Bryce, Jeremy Frailberg, Andrew MacDougall, and Alex Gorka of Osler LLP. Mandatory Central Counterparty Clearing of NI 94-101 requires certain counterparties to clear specified standardized OTC derivatives through a central counterparty clearing agency, unless an exemption is available in the instrument. For a detailed overview of NI 94-101, we refer you to our previous article on NI 94-101. NI 94-102 is designed to protect a local customer's positions and collateral when clearing OTC derivatives and to improve clearing agencies' resilience to default by a clearing intermediary: it includes requirements related to the segregation and portability of customer collateral and positions as well as detailed record-keeping, reporting and disclosure requirements. For a detailed overview of NI 94-102, we refer you to our previous article on NI 94-102. On January 19, 2017, the CSA announced that, subject to necessary approvals, NI 94-101 would come into force on April 4, 2017 and NI 94-102 would come into force on July 3, 2017. Read the full article by Laurie Fouin, Candace Pallone, Mary Jeanne Phelan and Sonia Struthers of McCarthy Tétrault LLP. BC Securities – Policies & Instruments
For more information visit the BC Securities website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Designated Accommodation Area Tax Regulation (93/2013) | Apr. 1/17 | by Reg 41/2017 |
Fee Setting Criteria Regulation (292/2004) | Apr. 1/17 | by Reg 104/2017 |
Interest Rate Regulation (75/2017) | NEW Apr. 1/17 |
see Reg 75/2017 |
Long Term Disability Fund Interest Regulation (51/2017) | NEW Apr. 1/17 |
see Reg 51/2017 |
National Instrument 23-101 Trading Rules (252/2001) | Apr. 10/17 | by Reg 134/2017 |
Training Tax Credits Regulation | Apr. 6/17 | by Reg 136/2017 |
ENERGY & MINES | ||
Energy and Mines News: Vaughn Palmer: Christy Clark Takes Clark launched the drive just last week, calling on Prime Minister Justin Trudeau to implement the ban. But in the absence of any action by Ottawa, Clark now says if the Liberals are re-elected, they will take immediate action on their own. Though the BC Liberal cabinet crafted the move in retaliation to the U.S. decision to impose punitive duties on softwood lumber imports from Canada, the premier confirmed that the mechanism would apply equally to thermal coal from Canadian provinces as well as trans-shipments from the U.S. She also announced the mechanism – a special carbon levy that would be imposed by regulation under the provincial Greenhouse Gas Industrial Reporting and Control Act. Read the full article in The Vancouver Sun. Approval of Mount Polley Mine Approval of the long-term waste water management plan came April 7, despite a disaster that put the water at risk in 2014 and a provincial investigation into the spill that is not yet complete. "The timing is absolutely surprising," said Ugo Lapointe of Mining Watch Canada, who pointed out the news release came on a Friday afternoon before the launching of the BC election. Quesnel Lake, famed for trophy-sized rainbow trout, is feared at risk by locals who describe it as the deepest fjord lake on earth, and who protest any dump of mining waste, treated or otherwise, which can carry toxic elements and heavy metals such as arsenic and lead or zinc. "It's hard not to be cynical," said Lapointe who said locals opposing the plan felt ignored. But Environment Minister Mary Polak told CBC the decision was made by neutral civil servants based on science that confirmed draining treated water into the river, as opposed to the lake, was riskier. "These decisions do not cross any politicians desk. In fact if I was to interfere with the decision I could be in some very serious legal trouble," Polak told CBC. "That is one of the ways we ensure that there is never any influence by companies that might donate to political parties." Read the full article at CBC News. |
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Act or Regulation Affected | Effective Date | Amendment Information |
First Nations Clean Energy Business Fund Regulation (377/2010) | Apr. 1/17 | by Reg 7/2017 |
FAMILY & CHILDREN | ||
Family and Children News: Youth Custody Regulation Amended |
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Act or Regulation Affected | Effective Date | Amendment Information |
Youth Custody Regulation (137/2005) |
Apr. 1/17 | by Reg 11/2017 |
FOREST & ENVIRONMENT | ||
Forest and Environment News: Fallout from U.S. Tariff on Canadian Softwood Won't be There is not likely to be any immediate fallout because the tariff has already been absorbed in the price of lumber in the U.S. due to a 30-per-cent rise in the past three months, Interfor president and CEO Duncan Davies said Tuesday [April 25th] during an industry news conference. Canadian producers are also helped by a Canadian dollar that is much lower than the U.S. currency, as lumber is priced in U.S. dollars. "For us, (the new tariff is) a negative on our business, but the real loser in all of this is the U.S. homebuilder and the U.S. consumer," said Davies, chair of the lumber trade council. However, Davies said while many large firms like his own are in good financial shape to weather the duties in the short-term, he is concerned about smaller operators who don't have large cash reserves. B.C. Lumber Trade Council president Susan Yurkovich said: "We don't know what the actual impact on the B.C. industry in total will be – and we expect there will be some over time. It depends how long the dispute will go on." The lumber trade council represents major producers in BC, including West Fraser, Canfor and Tolko, assigned individual preliminary duties of 24.12, 20.26 and 19.5 per cent, respectively. Other BC companies have been assigned a duty of 19.88 per cent. West Fraser and Canfor declined comment and Tolko did not respond to a request for comment. More than half of BC softwood lumber exports go to the U.S., the remainder largely to Japan and other countries in Asia. Read The Vancouver Sun article. Environmental Lawsuit Against Province Over The law firm representing 2,500 residents says it's the first such environmental lawsuit certified by the court against the province of BC. The firm, Rosenberg Kosakoski Litigation, says in a statement the tanker truck that overturned, spilling 35,000 litres of jet fuel into the Slocan River water system was part of a province-led refuelling operation for firefighting helicopters. The action alleges the province caused the disaster because of operational mismanagement and then failed to adequately respond to the spill, which resulted in millions of dollars in damages to private property and the ecosystem. At the time, residents were evacuated and a do-not-use water order was put into effect as the fuel moved from Lemon Creek into the Slocan River. Read the CBC article. A Quick Overview of November 1, 2017 Changes to the
Read the full article by Darren Donnelly of Clark Wilson. Beyond Borders: BC Court Rules U.S. Resident Has
Read the full article by Sarah Nykolaishen, Roy Millen, and Sandy Carpenter on Blakes Business Class. 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 |
Cattle Industry Development Council Regulation (240/94) | Apr. 1/17 | by Reg 112/2017 |
Closed Areas Regulation (76/84) | Apr. 5/17 | by Reg 135/2017 |
Designation and Exemption Regulation (168/90) | Apr. 5/17 | by Reg135 /2017 |
North American Gypsy Moth Eradication Regulation, 2017 (86/2017) | NEW Apr. 15/17 |
see Reg 86/2017 |
Public Access Prohibition Regulation (187/2003) | Apr. 4/17 | by Reg 133/2017 |
HEALTH | ||
Health News: Purdue Pharma Agrees to Settle The proposed national settlement caps a legal battle that began a decade ago between Purdue Pharma, the maker of OxyContin, and lawyers representing as many as 2,000 Canadians who got hooked on the drug after their doctors prescribed it. The country's opioid epidemic traces its roots to the introduction of the prescription painkiller 21 years ago. From 2000 to 2015, more than 6,300 died in Ontario alone from overdoses related to opioids. "We're happy we at least have something to offer to the class members after all this time," Halifax lawyer Ray Wagner said. Read The Globe and Mail article by Karen Howlett. Thousands of X-rays and Scans Read in Interior Health says it will be reviewing nearly 2,200 X-rays, CT scans, ultrasound and diagnostic mammography reports read by a doctor who was working temporarily in the Kootenay-Boundary region in May of 2011 and June of 2014. "The concern has been raised the interpretations may not have been complete reporting or had inaccuracies," said Dr. Ron Collins from the health agency. The news comes a day after 700 patients in northwestern B.C. were informed of errors in the analysis of their scans at a Terrace hospital. More than 8,400 images from 5,278 patients were reviewed in that case. This latest incident impacts 1,790 patients who visited hospitals and health centres from Nakusp, B.C. to Grand Forks who may have had a range of medical issues. "It could be anything from soft tissue injury related to sports up to something much more serious," said Collins. Read the full CBC News article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Drug Price Regulation (344/2012) | Apr. 1/17 | by Reg 266/2016 |
Health Professions Designation Regulation | Apr. 3/17 | by Reg 132/2017 |
LABOUR & EMPLOYMENT | ||
Labour and Employment News: Proposed Leave for British Columbia Victims of
Read the full article by Natalie Cuthill of McMillan LLP. BC Bans Mandatory High Heels in the Workplace The requirement to wear high heels in some workplaces is a workplace health and safety issue. There is a risk of physical injury from slipping or falling, as well as possible damage to the feet, legs and back from prolonged wearing of high heels while at work. The change was made by amending the existing footwear regulation (section 8.22) of the Occupational Health and Safety Regulation, under the Workers Compensation Act. Read the full government news release. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Employment and Assistance Regulation (263/2002) | Apr. 1/17 | by Regs 96/2017 and 118/2017 |
Employment and Assistance for Persons with Disabilities Regulation (265/2002) | Apr. 1/17 | by Regs 95/2017, 96/2017 and 118/2017 |
Long Term Disability Fund Interest Regulation (51/2017) | NEW Apr. 1/17 |
see Reg 51/2017 |
Occupational Health and Safety Regulation (296/97) | Apr. 3/17 | by Reg 312/2016 |
Apr. 7/17 | by Reg 140/2017 | |
May 1/17 | by Reg 9/2017 | |
Public Service Benefit Plan Act | Apr. 1/17 | by 2016 Bill 10, c. 3, sections 13 and 14 only (in force by Royal Assent), Budget Measures Implementation Act, 2016 |
LOCAL GOVERNMENT | ||
Local Government News: Update on Marijuana Legalization Mr. Blair conveyed the federal government's next steps in the legalization process, including the impending legislation, which he described as "imminent". In particular, Blair discussed the necessity for communication between all three orders of government, as well as the need to provide local governments the resources they need to manage responsibilities under the regime for legalized marijuana. Read the full article on the Union of BC Municipalities website Liquor Control & Licensing Regulation – |
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Act or Regulation Affected | Effective Date | Amendment Information |
British Columbia Building Code Regulation (264/2012) | Apr. 7/17 | by Reg 138/2017 |
Building Act General Regulation (131/2016) | Apr. 1/17 | by Reg 52/2017 |
Apr. 7/17 | by Reg 139/2017 | |
Electoral Districts Act (replaces former Electoral Districts Act) |
NEW Apr. 11/17 |
c. 39 [SBC 2015], Bill 42, whole Act in force on dissolution of 40th Parliament |
Electoral Districts Act | REPEALED Apr. 11/17 |
by 2015 Bill 42, c. 39, section 5 only (in force on dissolution of 40th Parliament), Electoral Districts Act |
Liquor Control and Licensing Regulation (241/2016) | Apr. 7/17 | by Reg 137/2017 |
Taxation (Rural Area) Act Regulation | Apr. 10/17 | by Reg 141/2017 |
MISCELLANEOUS | ||
Miscellaneous News: New Electoral Districts Act |
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Act or Regulation Affected | Effective Date | Amendment Information |
Electoral Districts Act (replaces former Electoral Districts Act) |
NEW Apr. 11/17 |
c. 39 [SBC 2015], Bill 42, whole Act in force on dissolution of 40th Parliament |
Electoral Districts Act | REPEALED Apr. 11/17 |
by 2015 Bill 42, c. 39, section 5 only (in force on dissolution of 40th Parliament), Electoral Districts Act |
MOTOR VEHICLE & TRAFFIC | ||
Motor Vehicle and Traffic News: Crash Victim's Court Award for Surrogacy Fees Since then, the young woman had been fighting for compensation. Recently she was awarded a $4 million settlement from the Insurance Corporation of British Columbia (ICBC), along with a precedent-setting $100,000 award to be used for the future cost of surrogacy because her massive injuries left her unable to bear children. "That had never been done before in Canada," said Wilhelmson's lawyer Conrad Margolis. B.C. Supreme Court Justice Neena Sharma considered everything in her ruling – from lost financial potential, to lost fertility in the case that pushes the limits on personal injury awards for the young woman's lost potential. Several personal injury lawyers told the CBC they believe the award for future surrogacy is a first in Canada. Read the full CBC article by Yvette Brand. High Proportion of Young Adults Who Canadian studies have shown increased crash risks when drivers consume pot, and the high frequency of risky behaviour in the current study demonstrates a failure of approaches and the need for urgent action on the prevention and public-awareness front, the study says. This is especially relevant because of Canada's plan to legalize recreational marijuana, according to lead author Bonnie Leadbeater, a University of Victoria psychology professor whose study is published in the journal Paediatrics and Child Health. Vancouver General Hospital's Jeff Brubacher, an emergency-room doctor and co-author of the current study, told Postmedia News recently that when marijuana is legalized, "there will be an increase in crashes, injuries and fatalities." Read The Vancouver Sun article by Pamela Fayerman. Proven Cases of ICBC Fraud Almost Non Existent This pattern seems to be the case with ICBC's claims that fraud costs policy holders $600 million per year. The reality, however, is there is no data to substantiate this. Recently ICBC revealed, pursuant to an information request, the number of successful convictions against fraudsters. The numbers are negligible. Richard McCandless, a self described "retired senior BC government public servant" made an information request for the number of fraud charges laid and the number of resulting convictions. ICBC replied and the data revealed that there are very few successful prosecutions and the trend, if anything, is moving downward. Read the full article by Erik Magraken on his BC Injury Law and ICBC Claims Blog. 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 |
There were no amendments this month. | ||
PROPERTY & REAL ESTATE | ||
Property and Real Estate News: Saskatchewan Courts Tackle Cost BC's Strata Property Act generally requires a strata corporation to determine "a strata lot's share of the contribution to the operating fund and contingency reserve fund" by applying the following formula: unit entitlement of strata lot/total unit entitlement of all strata lots x total contribution. Section 100 allows the eligible voters of a strata corporation to "agree to use one or more different formulas," but only so long as their agreement is evidenced by a resolution passed by a unanimous vote. Read the full BCLI article by Kevin Zakreski. Highest Priced Houses in Metro Vancouver belong to the The study – by the consultant group Site Economics Ltd. – took data from the Canada Revenue Agency and the Vancouver Real Estate Board. It found annual taxable median household incomes are not associated with median home prices in different municipalities in Metro Vancouver. "Port Moody now has the highest median taxable income in Metro Vancouver, yet only average house prices, and Richmond has the lowest median taxable income, yet some of the highest house prices," it stated. Richard Wozny, a longtime real estate developer and the principal for Site Economics Ltd., believes this discrepancy between incomes and housing prices in Vancouver is the result of the owners of high-priced homes under reporting their actual income – though the claim is an extrapolation, as the report doesn't show any specific evidence of this. Wozny says these owners – who are subject to property taxes – are not paying enough income tax needed to support the infrastructure and neighbourhood services that make the city so desirable, which in turn leads to higher house prices. "Growth is not being required to pay for itself," he said. "It seems like politicians have been too timid to ask for something." Wozny says if incomes are no longer a reliable source of taxes, there needs to be substantial tax reforms – property tax, for example – to better capture the wealth in the real estate market. Tsur Somerville, a professor at the University of British Columbia's Sauder School of Business, says while this particular discrepancy of low incomes, high house prices has been raised in the past, there's a problem with these studies. Read more of the CBC article by Roshini Nair. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Interest Rate Regulation (75/2017) | NEW Apr. 1/17 |
see Reg 75/2017 |
Real Estate Services Regulation (506/2004) | Apr. 1/17 | by Reg 3/2017 |
WILLS & ESTATES | ||
Wills and Estates News: Legal Trend: Evidence of Testamentary Intent Can This trend has been seen in section 58 of the WESA, which allows a court to cure deficiencies in an otherwise invalid will where that will is found to encapsulate the testamentary intent of the deceased. This trend is also found in the wording of section 43 of the WESA which allows a court to declare that a gift to a witness of a will or to a spouse of a witness (which, prior to the WESA, was automatically void) is valid if it was the will-maker's intention to make the gift to that person. Otherwise invalid wills have been cured by BC courts under section 58 of the WESA in cases like Yaremkewich Estate (Re). Bach Estate represents the first ruling where a court has saved an otherwise invalid gift to a witness or witness' spouse under section 43. Read the full article by Daniel Paperny and Mark Weintraub, Q.C. of Clark Wilson LLP. Supreme Court of B.C Decision Lends Support to Ian Mulgrew: As If Death Weren't Trevor Todd, who runs disinherited.com, said the situation is worrying given that in his 40-year practice he previously saw only one forged will – in the late-1970s. That case involved a nightclub doorman and his legal-secretary girlfriend taking advantage of the chronically drunk bar owner with a will that left everything to the bouncer. The club owner's widow hired a handwriting expert and the case was settled out-of-court when the will was unveiled as a fake. The old rules required that a will be in writing, signed by the testator and two witnesses, all in the presence of each other, and neither of whom nor their spouses could inherit as a beneficiary. (The doorman used two bar flies as witnesses – the girlfriend having alerted him to the perils of signing the phoney document.) Most forged-wills cases involve handwritten documents, known as holographs, putatively signed by the deceased with no witnesses. Several decisions since the Wills, Estates and Succession Act (WESA) came into effect March 31, 2014, however, have allowed wills that previously would have been ruled invalid to be probated despite irregularities such as the lack of witnesses. Read The Vancouver Sun article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. |
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