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Vol: XVI – Issue: VII – July 2017 | |
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QUICKSCRIBE NEWS: Legislature to Resume September 8th NDP Can Push Much of its Agenda through 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: Department of Finance Proposes New Oversight This is a significant development in the Canadian payments landscape as service providers in the retail payments space are generally not regulated except in limited circumstances and in any event, not from a safety and soundness perspective. This is because under the current regulatory framework, focus is placed on the type of entity performing the payment activity and provided that the entity is not taking deposits, not on the actual activity being performed; in other words "who you are, and not what you do". As such, non-traditional payment service providers, including fintechs (collectively, PSPs), have not previously been subject to regulatory oversight. Read the full article by Mena Bellofiore and Jacqueline Shinfield of Blake, Cassels & Graydon LLP. Will the New NAFTA Allow Canadian Governments to Ensure that Private Data In fact, the United States has made it explicit that it intends to "establish rules to ensure that NAFTA countries do not impose measures that restrict cross-border data flows and do not require the use or installation of local computing facilities." British Columbia's public sector privacy law does just that, and we can expect that the domestic data-storage requirement in its Freedom of Information and Protection of Privacy Act (FIPPA) will be a bone of contention. Read the full article on the Policy Options website by Vincent Gogolek. 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) | July 1/17 | by Regs 41/2017 and 89/2017 |
National Instrument 94-102 Derivatives Customer Clearing and Protection of Customer Collateral and Positions (148/2017) | NEW July 3/17 |
see Reg 148/2017 |
ENERGY & MINES | ||
Energy and Mines News: Supreme Court of Canada Releases Landmark Decisions on Role of Regulatory These cases were heard by the Supreme Court on November 30, 2016. Together, they raise the important question of the proper role of administrative boards and tribunals in ensuring the Crown's duty to consult and accommodate Indigenous people is fulfilled prior to the issuance of decisions with the potential to affect Indigenous rights. The Court dismissed the appeal in Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., et al., holding that the National Energy Board (the "Board") adequately consulted the Chippewas of the Thames First Nation (the "Chippewas") and that the potential impacts of the approved project were minimal. The Court found that the Board adequately consulted prior to approving the proposed project by taking actions, such as issuing notice to the Chippewas with regards to the Board's process and role, and granting funding to ensure that the Chippewas did, in fact, participate by filing written submissions and making oral submissions at the hearing. Read the full article by Jaimie Lickers of Gowling WLG. No Charges Will Be Laid over Mount Polley One of the largest mining-dam failures in the world in the past 50 years, it had shaken the industry and caused concerns that aquatic life would be harmed, particularly salmon that use the Quesnel Lake system to spawn. There remains a possibility of federal charges under the Fisheries Act. The three-year deadline to lay provincial charges in a court proceeding – which would need to be approved by B.C. Crown counsel – ends Friday [August 4th]. But a BC-federal investigation isn't complete and will not be finished by [August 4th], Chris Doyle, BC Conservation Officer Service deputy chief, said [August 2nd]. "It's important to note that the limitation period of a particular piece of legislation – that's just one of the considerations agencies must make during the course of these investigations," said Doyle, responding to a question on why there would be no charges under BC laws. "Other factors include the complexity of a situation and the amount of information that needs to be gathered and analyzed." Doyle said he couldn't say when the investigation would be complete, nor would he comment on the nature of the probe. In a written statement, B.C. Environment Minister George Heyman said British Columbians should know the overall objective continues to be ensuring a "complete investigation." Read the Vancouver Sun article. Super Power: Are Rechargeable Batteries Though global demand for minerals has declined in recent years, not least because of China's slowing fiscal growth and transition to a consumer and services-led economy, there are signs of vigour in the mining industry. Rechargeable batteries for portable electronic devices, electric cars and other products, as well as a mounting interest in energy storage, has created a worldwide demand for lithium and other key minerals, such as cobalt and graphite. The market for these minerals is expected to balloon in the coming years as the world increases its focus on harnessing new sources of renewable energy – and energy storage becomes a priority. At the same time, technology is transforming the mining industry, making it more efficient, more productive and ultimately more profitable. Read the full article by Charles Bond and Stuart M. Olley of Gowling WLG. Abandoned Oil Well Battle Will Go to Supreme At the centre of the dispute is Redwater Energy Corp., a small publicly traded oil producer in Alberta that filed for bankruptcy in late 2015. The receiver that's liquidating the company argues it should be able to sell its best wells and leave the worst behind for an energy industry-funded group to clean up. The province's regulator argues that buyers should have to take both good and bad wells, even if it means that the sale proceeds will be lower. A court in Alberta sided with the receiver in May 2016, reducing companies' concerns about the legal liability of walking away from some of their oil wells. Since then, the number of inactive, abandoned, or otherwise orphaned sites has more than doubled to 3,200, according to the Orphan Well Association, the cleanup group. The provincial government has given the organization an emergency loan to fund the growing costs. Read the full Financial Post article by Allison McNeely and Kevin Orland. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Petroleum and Natural Gas Act | Aug. 1/17 | by 2014 Bill 12, c. 10, section 30 (a) only (in force by Reg 198/2016), Natural Gas Development Statutes Amendment Act, 2014 |
Petroleum and Natural Gas General Regulation (357/98) | Aug. 1/17 | by Reg 198/2016 |
FAMILY & CHILDREN | ||
Family and Children News: Tax Proposals Affecting Private Companies and |
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Act or Regulation Affected | Effective Date | Amendment Information |
Child Care Subsidy Regulation (74/97) | July 1/17 | by Reg 87/2017 |
FOREST & ENVIRONMENT | ||
Forest and Environment News: BC Ministry of the Environment: Contaminated Sites
Read the full news bulletin on the British Columbia Environment Industry Association website. Vandals, Thieves and Outdoor Enthusiasts On Saturday [July 29th], 148 wildfires burned across BC, while 4,700 people worked with the BC Wildfire Service to control them. But public interference with these operations has become an increasing concern, particularly in areas where there have been evacuation alerts, said Kevin Skrepnek, BC Wildfire Service's chief fire information officer. Skrepnek said there have been multiple incidents in the Cariboo Region of people accessing areas where crews are fighting fires, including people driving through these areas on off-road vehicles. As well, people are accessing areas where there are helicopters operating and they're using boats in bodies of water and hampering water-skimming aircraft operations. Water hoses, pumps and other firefighting equipment have been vandalized or stolen, Skrepnek added. "This is not only posing a risk to the members of the public who are doing this, but also it's potentially impacting our operations and affecting the safety of our crews as well," he said. The BC Wildfire Service is working closely with the RCMP to combat the problem, which has been particularly bad in Williams Lake, the Chilcotin Region and along the Highway 97 corridor. "Certainly, there's zero tolerance for any criminal activities in evacuated areas or in areas where we're operating," Skrepnek said. "Anyone suspected of theft or mischief is going to be arrested." Skrepnek said RCMP and conservation officers have stepped up patrols in areas where interference is an issue and where crews are working. The BC Wildfire Act and Wildfire Regulation allows authorities to order people to leave an affected area. But if such behaviour continues to be a problem, they may need to implement area closures around fire sites, on lakes and in the backcountry, Skrepnek added. Those caught interfering with firefighting operations or burning a campfire during a prohibition face fines of $1,150. Read the full Times Colonist article by Nick Eagland. Recovering the Species at Risk Act The principal federal instrument that provides for this protection is the Species at Risk Act (SARA), passed by Parliament in December 2002. SARA's purposes are to prevent extinction, to recover species currently threatened directly or indirectly by humans and to manage other species to prevent them from becoming endangered or threatened in the future. Judged against these objectives, SARA has underachieved because of withering political interest and weak policy prescriptions. Read the full article by the Institute for Research on Public Policy (IRPP) on LawNow. 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) | July 28/17 | by Reg 154/2017 |
Grain Industry Development Fund Regulation (236/90) | Aug. 1/17 | by Regs 154/2017 and 155/2017 |
HEALTH | ||
Health News: CMHA Welcomes New Ministry of Mental "We are hopeful that the formation of the Ministry of Mental Health and Addictions signals a shift to give mental health and addictions care the priority and investment it needs," says Bev Gutray, CEO of CMHA BC. "We look forward to working together to improve the mental health of all British Columbians – b4stage4." A dedicated Minister of Mental Health and Addictions with a dedicated budget has been one of the goals of CMHA BC's B4stage4 campaign. Thousands have signed the b4stage4 declaration, which calls for action in five areas:
Read the full news article by the Canadian Mental Health Association. Cannabis and the Constitution The government's scheme on cannabis is actually two bills. Bills C-45 (the "Cannabis Act") and C-46 (an Act amending the Criminal Code). The Cannabis Act would create a regime governing the legality of possession and sale of cannabis, the licencing of producers, and rules on how cannabis may be advertised. The provinces and territories would be responsible for setting up a legislative regime for the distribution and sale of cannabis, subject to the minimums set out under the Cannabis Act. Bills C-45 and C-46 would also create new criminal offences for those who provide cannabis to youth and create a system for roadside testing for cannabis impairment and new penalties for all those offences. Whether one agrees with the government's legislation or not, it is a reasonably safe bet that it will result in years of constitutional challenges. Read the full article by Tom Posyniak of Blake Cassels and Graydon LLP on Bar Talk. SCC Rejects Promise Doctrine in Seminal This decision appears to be a victory for those seeking patent protection in Canada, arguably lowering the standard to be met for utility and providing some guidance to patentees and their agents with respect to information that should and should not be included in the specification. However, it should be noted that disclosure requirements in Canada remain unchanged with respect to soundly predicting utility of claimed subject matter and clients and foreign counsel should continue to be made aware of these requirements. Read the full blog post by A. Chandimal Nicholas of Cassels Brock. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Drug Plans Regulation (73/2015) |
July 1/17 | by Reg 93/2017 |
LABOUR & EMPLOYMENT | ||
Labour and Employment News: Wildfire Evacuees' Jobs Lack Legal Labour and human rights lawyer David Brown says the BC Employment Standards Act does not protect employees – who at this stage, may have been prevented from working for over a week – from dismissal due to disaster-related absences. "The BC Employment Standards Act provides minimum rights and entitlements to most workers in British Columbia, and that's going to cover leaves of absence for parental reasons, maternity leave, bereavement leave," Brown told Radio West host Alya Ramadan. "That being said, there's nothing in the legislation that protects individuals in the event of a natural disaster like what we're dealing with in the Interior of BC. In theory, if someone is displaced from work because they're being evacuated … there's nothing in the British Columbia Employment Standards Act that protects them from termination. It's not a recognized right." Read the full article at CBC News by Liam Britten. Occupational Health and Safety Witness Interviews: Rights and Obligations |
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Act or Regulation Affected | Effective Date | Amendment Information |
Employment and Assistance Regulation (263/2002) | July 1/17 | by Reg 34/2017 |
Employment and Assistance for Persons with Disabilities Regulation (265/2002) | July 1/17 |
by Reg 34/2017 |
Occupational Health and Safety Regulation (296/97) | Aug. 1/17 | by Reg 142/2017 |
Salary Range Regulation (152/2017) | NEW July 18/17 |
see Reg 152/2017 |
LOCAL GOVERNMENT | ||
Local Government News: Vancouver Introduces Empty Homes Tax
Read the full article by Edward Wilson of Lawson Lundell LLP. Vancouver City Council Contemplates Strategies to The City estimates that 2.6 million coffee cups and 2 million plastic bags are thrown in the trash weekly, which would result in 34 million cups ending up in the landfill or as street litter this summer. The City also notes that disposable cups and take-out containers make up 50 percent of public waste, which add substantial costs to the City's waste management budget. Read the full article by David W. Bursey and James Struthers of Bennett Jones LLP. Police Resources Impacted by Wildfire Situation As a result of being in a provincial state of emergency, the situation is also considered a policing "Emergency" under the Provincial Police Service Agreement (PPSA) and Municipal Police Service Agreement (MPSA), meaning:
Read the full article on the Union of BC Municipalities website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
British Columbia Building Code Regulation (264/2012) | July 20/17 | by Reg 44/2017 |
MISCELLANEOUS | ||
Miscellaneous News: Lobbying in British Columbia – Change is Coming
Read the full article by Milos Barutciski, David Bursey, Sharon G.K. Singh and Anna Ren of Bennet Jones. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Committees of the Executive Council Regulation (156/2017) |
NEW Aug. 1/17 |
see Reg 156/2017 |
Committees of the Executive Council Regulation (229/2005) | REPEALED Aug. 1/17 |
by Reg 156/2017 |
MOTOR VEHICLE & TRAFFIC | ||
Motor Vehicle and Traffic News: BC Court of Appeal – Cyclist 50% at Fault for
Read the full article by Erik Magraken on his blog 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. |
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PROPERTY & REAL ESTATE | ||
Property and Real Estate News: BC Supreme Court Holds that a Positive Obligation in an The Owners, Strata Plan NWS 3457 v The Owners, Strata Plan LMS 1425 was a dispute between two strata corporations located next to one another in Surrey. The plaintiff, called Scottsdale Village, was made up of "103 residential townhouse style strata lots." The defendant, called La Costa Green, was "comprised of 150 residential apartment style strata lots." Residents of the two strata corporations have "shared recreational facilities located on the Scottsdale Village lands." This arrangement was formalized by an easement, registered in the land title office when the lands were developed in the early 1990s, granted by Scottsdale Village to La Costa Green. Read the full article by Kevin Zakreski with BCLI. Foreign Buyer's Tax: Impact on Housing Market 15% Foreign Buyer's Tax Refunded to A Closer Look at the Report on Complex Stratas – Should Strata Corporations be Allowed
Read the full article by Kevin Zakreski published on the BC Law Institute website. |
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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: Capacity to Marry: Devore-Thompson v. Poulain In a recent decision, Devore-Thompson v. Poulain, 2017 BCSC 1289, Madam Justice Griffin found that Donna Walker did not have the capacity to marry on June 14, 2010, when she went through a marriage ceremony with Floyd Poulain. The validity of the marriage was challenged by Ms. Walker's niece Donna Devore-Thompson, who was an executor named in a will Ms. Walker made before her marriage ceremony, and who was close with her. The question of whether Ms. Walker had the capacity to marry is significant, because if she did have capacity and the marriage were valid, pursuant to the Wills Act, the marriage would have revoked all of her previous wills. Because she had no descendants, Mr. Poulain would be entitled to her estate as her surviving spouse on the basis that she died without a valid will. I should add that the Wills Act was revoked and replaced by the Wills, Estates and Succession Act on March 31, 2014. Although the new legislation no longer has a provision that says that a marriage revokes previous wills, the Wills Act still applies to revoke prior wills on marriage if the marriage took place before March 31, 2014 (unless the will was made in contemplation of the marriage). Read the full article by Stan Rule of Sabey Rule LLP. Who Can Bring a Partition Action? |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. |
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