COMPANY & FINANCE |
Company and Finance News:
New BC Business Corporations Act Transparency
Register Requirements: A Primer
Beginning on a date to be announced, privately-held BC Business Corporations Act ("BCA")
companies will be required to maintain a "transparency
register" of "significant individuals", being individuals
who:
- directly or indirectly hold a significant number of shares;
or
- have the right (or control or influence another SI's right)
to elect, appoint or remove the majority of directors
of the company
Currently, BCA companies do not have to look behind the names
of their registered shareholders to determine ultimate
beneficial control. These changes flow from BC's commitments
under an agreement made in December 2017 among Canada's
provincial and federal Finance Ministers to combat money
laundering and terrorist financing. Canada has already
amended the Canada Business Corporations Act
("CBCA") to require private federal corporations to
create and maintain a register of "Individuals with Significant
Control" (an "ISC Register"). Manitoba has introduced amendments
modelled on the CBCA rules. It is likely that all other
provinces and territories will follow suit over time. The
proposed BC rules differ in some material ways from the
federal rules. Read the full article by Megan Filmer with DLA
Piper LLP.
Climate Change-Related Risks and their Potential
Financial Impacts
Classified as Mainstream Business Issues by CSA
New CSA guidance highlights the importance of climate
change-related disclosure to securities regulators and investors
and aims to assist issuers in identifying, and improving
disclosure of, material risks posed by climate change. The
Canadian Securities Administrators (CSA) recently published CSA Staff Notice 51-358 Reporting of
Climate Change-related Risks (the Notice). The
Notice was motivated by increased investor interest in climate
change-related risks, particularly among institutional
investors, the CSA's view that issuers' existing disclosure with
respect to climate change can be improved, and the large number
of reports on climate change disclosure and other environmental
governance topics over the last several years. The Notice does
not create any new legal requirements but expands upon the guidance regarding
continuous disclosure requirements relating to climate change
previously provided in CSA Staff Notice 51-333 Environmental
Reporting Guidance. Read the full article by Alexis Slatt of Stikeman Elliott.
Senate Report Offers Blueprint for Federal Charity Law
Reform
With a federal election slated for this October, there is little
chance we will see any major changes to the Income Tax Act
(ITA) rules governing registered charities in the coming weeks.
Once the election is over, however, whichever party forms
government could do worse than use the recently-released Report
of the Special Senate Committee on the Charitable Sector as a
blueprint for a needed and long-awaited revamping of federal
regulation of charities and non-profit organizations. The
report, Catalyst for Change: A Roadmap to a Stronger
Charitable Sector, is available online. Leaving aside the issue of the
role of registered charities in public policy debate, which was
the subject of new legislation passed by Parliament last
December, charity regulation is not something that has drawn
much attention federally in recent years. (Indeed, action on the
political activities rules was only prompted once there had been
a successful court challenge to the old ITA provisions under the
Canadian Charter of Rights and Freedoms.) The report
offers a roadmap for addressing a host of problems plaguing the
current regulatory regime. Read the full article by Peter Broder and published on
LawNow.
BC Securities – Policies & Instruments
The following policies and instruments were published on the
BCSC website in the month of August:
- 51-358
– CSA Staff Notice 51-358 – Reporting
of Climate Change-related Risks
- 31-355 – CSA Staff Notice 31-355
– OBSI Joint Regulators Committee Annual Report for
2018
- 95-301 – CSA Staff Notice 95-301
– Margin and Collateral Requirements for
Non-Centrally Cleared Derivatives
- 31-356 – CSA Staff Notice 31-356
– Guidance on Compliance Consultants Engaged by
Firms Following a Regulatory Decision
For more information visit the BC Securities website.
FICOM News
The Financial Institutions Commission of BC published the
following in August:
he FICOM website
for more information.
|
Act or
Regulation Affected |
Effective
Date |
Amendment Information |
Designated Accommodation Area Tax Regulation (93/2013) |
Sept. 1/19 |
by Reg 102/2019 and Reg 139/2019 |
ENERGY & MINES |
Energy and Mines News:
BCOGC Bulletin – Proposed
Activities Must Be Considered within
Established s. 16/17 Land Act Dispositions
The BC Oil and Gas Commission issued the following bulletin on
August 29, 2019:
Effective Immediately – Applicants wishing
to submit a new application or an amendment application through
the BC Oil and Gas Commission's (Commission) Application
Management System, must consider proposed activities, which fall
within a s. 16 or s. 17 Land Act disposition established
by the Ministry of Forests, Lands, Natural Resource Operations
and Rural Development (FLNRORD). View the full bulletin here.
English Commercial Court Enforces
Multi-Billion
Arbitral Award Over Failed Gas Project
On August 16, 2019, the England and Wales High Court of Justice
(Commercial Court) released its decision in Process &
Industrial Developments Limited v The Federal Republic of
Nigeria ("Process & Industrial Developments"), [2019]
EWHC 2241, in which it enforced a US$9 billion arbitral award
against the Republic of Nigeria ("Nigeria"). The enforcement of
this 'mega-award' is significant for oil and gas companies doing
business abroad and also for the practice of international
commercial arbitration. Process & Industrial Developments
Ltd. ("PID"), a BVI entity, entered a "Gas Supply and Processing
Agreement" with Nigeria (the "Agreement"). Under the Agreement,
PID was to build and operate a gas processing plant for "wet
gas" to be supplied from the Nigerian Ministry of Petroleum
Resources. The Agreement had a 20 year term. Furthermore, the
Agreement contained an arbitration clause, which stated:
"The Agreement shall be governed by, and
construed in accordance with the laws of the Federal
Republic of Nigeria. … The Parties agree that if
any difference or dispute arises between them concerning the
interpretation or performance of this Agreement and if they
fail to settle such difference or dispute amicably, then a
Party may serve on the other a notice of arbitration under
the rules of the Nigerian Arbitration and Conciliation Act
(Cap A18 LFN 2004) which, except as otherwise provided
herein, shall apply to any dispute between such Parties under
this Agreement. … The arbitration award shall be final
and binding upon the Parties. … The venue of the
arbitration shall be London, England or otherwise as agreed
by the Parties. The arbitration proceedings and record shall
be in the English language. …" (emphasis added)
Read the full article by Jack Maslen of Borden Ladner Gervais.
BCUC Completes EV Charging Inquiry with
Recommendations about
Regulated Utilities' Role
In June 2019, the British Columbia Utilities Commission (BCUC)
issued the Phase 2 Report from its Inquiry into the
Regulation of Electric Vehicle (EV) Charging Service. This
Report looked at the role that might be played by regulated
utilities in providing EV charging services and concluded that
their participation should be limited, with appropriate
protections for their ratepayers and for unregulated market
participants. The Report includes a number of considerations and
recommendations for the B.C. government to take into account
when directing the BCUC about how to regulate utility
involvement in this activity. As described in earlier posts (here and here), the BCUC EV charging Inquiry was
aimed at examining whether, and how, EV charging in British
Columbia should be regulated, and it was conducted in two
phases. In Phase 1, the BCUC looked at the following questions:
Read the full article by David Stevens with Aird
& Berlis LLP.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
There
were no amendments this week. |
FAMILY
& CHILDREN |
Family and Children
News:
BCLI Launches New Project Page for the Modernizing the
Child, Family and Community Service Act Project
A new project webpage for the Modernizing the Child, Family and Community Service Act
Project has just been created on the BCLI website. The project
webpage will be the place to go find about the project and to
read project publications. Read the full article by Kevin Zakreski with the
British Columbia Law Institute.
When Does Spousal Separation Occur
Shin v Mun 2019, BCSC 1124, reviewed the law regarding the
determination of the date of when separation of spouses occurs,
which can often be in dispute. In HSS v SHD, 2016 BCSC 1300, the law was summarized as
follows: It is clear that the law does not require a meeting of
the minds with respect to the intention to separate. A physical
separation, coupled with one party's intention to live separate
and apart, is sufficient. Nearing v Sauer, 2015 BCSC 58, at para.54. The legal
framework for determining that spouses of live separate and
apart requires that the court find, first in intention of one
spouse to repudiate or in the marital relationship and, second,
action consistent with that intention. In the Nearing
decision at paragraph 54, the court recognized that there must
be a unilateral intention, as well as "action consistent with
that intention". At paragraph 56 the court observed that a clear
statement by one of the parties of his or her desire to
terminate the relationship is one of a range of factors the
court will consider in determining whether there has been a
separation. Read the full article by Trevor Todd on Disinherited.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
There
were no amendments this week. |
FOREST
& ENVIRONMENT |
Forest and Environment News:
A Summary of the ABCFP's Submission on the
Forest and Range Practices Act
In July, the Association of BC Forest Professionals submitted
a response to the BC government about proposed changes to the
Forest and Range Practices Act
(FRPA). When FRPA was introduced in 2004, it increased the
reliance on the advice and judgement of forest professionals
and reduced the amount of prescriptive practices set by
government. The FRPA model also shifted government's role from
reviewing and approving all plans or project designs to:
- Establishing the goals, rules, and objectives or results
to be achieved;
- Relying on regulated professionals hired by resource users
(tenure holders) to advise how those objectives or results
will best be met;
- Monitoring the results and environment; and
- Enforcing compliance among resource users through its
laws. For the past 20 years, the ABCFP and its forest
professionals have made significant investment and effort to
support the proper function of professional reliance under
the Act.
Read the full article by Paul Nuttall, RFP, in
the September - October 2019 issue of BC Forest
Professional magazine.
Five Things Project Proponents Need to Know about
Canada's
New Impact Assessment Act Introduction
Effective [August 28, 2019], the Impact Assessment Act ("IAA")
will set aside the past 40 years of federal environmental
assessment in Canada. Impact assessment will replace
environmental assessment. Similarly, federal decisions on
whether or not to approve designated infrastructure, energy
and mining projects will be made after assessing the overall
"public interest" of the project, replacing the existing test
of avoiding "significant adverse environmental effects". [The]
implementation of the IAA remains controversial. It follows
more than 18 months of heated debate inside and outside
Parliament and the Senate. Stepping back from specific
controversies, here are five things all project proponents
(and other participants) need to know about the IAA as they
address its new requirements and processes. Read the full article by Rodney Northey, Liane Langstaff and Anna Côté with Gowling WLG
(Canada) LLP.
The Benefits of Tactical Forest Planning for British
Columbia
In early July, the Forest Practices Board released a report
recommending that government implement a tactical forest
planning process as part of the next stage of amendments to
the Forest and Range Practices Act.
The Board sees tactical forest planning as a practical way to
translate broad goals set out in legislation, policy, or land
use plans into direction for forestry operations to implement
across a specific landscape and management unit. Our report
describes the Board's vision of tactical forest planning, the
benefits it would bring to BC and the principles that should
be incorporated in a new planning process. We published our
report during the public consultation period for amendments to
the Forest and Range Practices Act (FRPA) to
encourage public and stakeholder discussion of this concept.
Read the full article by Kevin Kriese, chair of
the Forest Practices Board – published in
September/October edition of the ABCFP - BC Forest
Professional BC.
BC Court of Appeal Addresses Pollution
Exclusions and
Special Costs in Coverage Actions
In West Van Holdings Ltd. v. Economical Mutual Insurance
Co., 2019 BCCA 110 ("West Van Holdings"),
a dry cleaning company (the "Insured") was sued by owners of
adjacent properties who alleged that dry-cleaning products had
migrated to their respective properties and caused damage,
prior to and during the Insured's ownership of its land. Four
separate causes of action were alleged: negligence, nuisance,
strict liability and statutory liability under the Environmental Management Act
("EMA"). The Insured sought a defence to the underlying action
from two of its insurers (collectively, the "Insurers") under
different commercial general liability policies issued by the
Insurers since 1998. The Insurers denied coverage on the basis
of the application of environmental liability or pollution
liability exclusions contained within the policies. The
Insured applied to Court for a declaration that the Insurers
were obligated to provide a defence. Read the full article by Nicholas McKnight of
Alexander Holburn Beaudin + Lang LLP.
Environmental Appeal Board Decisions
There was one Environmental Appeal Board decisions in the
month of August:
Environmental Management Act
Visit the Environmental Appeal Board website
for more information
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
There
were no amendments this month. |
HEALTH |
Health Care (Consent) and Care Facility
(Admission) Act – Early Consolidation
Quickscribe has published an early consolidation of amendments to
the Health Care (Consent) and Care Facility
(Admission) Act, made by the Health Statutes Amendment Act, 2007.
The amendments apply the definition of a care facility to a
broader range of facilities, and will also provide for informed
consent on the admission and release to these care facilities,
establishing a clear framework for an adult or a person acting
on the adult's behalf to apply for admission into or release
from a residential care facility. The amendments will come into
force on November 4, 2019, by B.C. Reg. 114/2019.
Medical and Health Care Services Regulation Changes
Effective September 1, 2019, changes to the Medical and Health Care Services Regulation
ensure international students continue to contribute to BC's
health-care coverage, by updating their payment method. A
monthly health-care coverage fee of $37.50 will be charged to
all international K-12 and post-secondary students. When the MSP
premiums are fully eliminated on January 1, 2020, the
health-care coverage fee for international students will be
raised to $75 per month.
|
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Medical and Health Care Services Regulation (426/97) |
Sept. 1/19 |
by Reg 188/2019 |
LABOUR
& EMPLOYMENT |
Labour and Employment News:
Case Summary: Complaint Dismissed: What Can the BC
Human Rights Tribunal
Consider when Dismissing a Complaint on the Basis that it
"Would Not Further the Purpose of this Code"
The court considered the scope of the authority of the BC
Human Rights Tribunal to take into account the results of a
separate workplace proceeding when deciding to dismiss a
complaint under the Human Rights Code pursuant to section 27(1)(d)(ii). Sebastian v.
Vancouver Coastal Health Authority, [2019] B.C.J. No.
1201, 2019 BCCA 241, British Columbia Court of
Appeal, June 28, 2019, L.A. Fenlon, B. Fisher and P. Abrioux
JJ.A. The appellant, an X-Ray technician for the Vancouver
Coastal Health Authority, appealed from an order of the
chamber's judge dismissing his petition for judicial review of
the decision of the BC Human Rights Tribunal (the "Tribunal").
The Tribunal dismissed the appellant's complaint on the basis
that to proceed with it would not further the purpose of the Human
Rights Code, pursuant to section 27(1)(d)(ii). Read the
full article by Adam R. Way with Harper
Grey LLP.
Attention Federal Employers: Significant Changes to
Canada Labour Code as of September 1, 2019
Federally regulated employers should take note of significant
reforms to the Canada Labour Code (Code) that
have been proclaimed into force and have taken effect as of
September 1, 2019. These changes are part of sweeping reforms
aimed at modernizing the outdated Code through a series of
Budget Implementation Bills (notably, Bill C-63 and Bill C-86). Some of these proposed
changes were highlighted in our newsletter article Bill C-86: Federal Government Proposes
Significant Changes to Minimum Labour Standards of Canada
Labour Code. These reforms have taken effect as
of September 1, 2019, and are summarized below. Read the full article by Jennifer M. Fantini with Borden Ladner
Gervais LLP.
Occupation-specific Work Permits
When your wheel has a wobble, the solution is to fix
the wheel, not reinvent it. That's the principle at play in
the Immigration
Law Section's response to a notice in the Canada Gazette
regarding a proposal from Immigration Refugees and Citizenship
Canada along with Employment and Social Development Canada to
amend regulations to allow occupation-specific work permits
for temporary foreign workers. In its submission, the Section says rather
than creating a new program, the government should concentrate
on improving the services it already offers. Read the full article by Kim Covert, published on
the CBA National.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
There
were no amendments this month. |
LOCAL
GOVERNMENT |
Local Government News:
Cessation of Commercial Vehicle Licensing Program
The Commercial Vehicle Licensing program will
be ending December 31, 2019. UBCM has administered this program
since 1987. Following a program review with member input, UBCM
determined that the program had ceased fulfilling the original
intent of the program and distributed funds in disproportion
among local governments. The program was established in 1906 to
provide a source of revenue for participating municipalities to
offset the expenses related to the use of local roads and
highways as a result of commercial vehicle traffic on municipal
roads. As this program is contained in the Local Government Act,
legislative amendments will be required to terminate the
program. Read the full UBCM article.
British Columbia Adds 11 New Communities to
Entrepreneur Immigration Regional Pilot
British Columbia immigration has added 11 new communities to the
Entrepreneur Immigration Regional Pilot.
The additions mean a total of 55 communities are now signed up
to take part in the pilot British Columbia Provincial Nominee Program
stream. The two-year pilot is designed to attract entrepreneurs
to establish businesses in smaller communities with populations
less than 75,000. Read the full article published on immigration.ca.
No Middle Ground on Dog Destruction
Applications, Says Court of Appeal
In Santics v. Vancouver (City) Animal Control Officer,
2019 BCCA 294, the BC Court of Appeal
considered the "dangerous dog" framework set out in the Community Charter and Vancouver Charter. A key issue
was whether a Provincial Court judge could find a dog to be
"dangerous" within the meaning of s. 49(1) of the Community Charter
or s. 324.1(1) of the Vancouver Charter,
but still make a conditional order falling short of destruction.
The Court found that the plain meaning of the dangerous dog
provisions in the Vancouver Charter and Community
Charter, considered along with the scheme and object of
the legislation, made clear that there was no authority for
conditional orders. The Court did, however, confirm that the
Provincial Court retains the discretion not to order
destruction, even where the dog in question meets the statutory
definition of "dangerous dog". The Court stated that the
"overarching question" relevant to any destruction application
is whether the dog is "an unacceptable risk to the public". Read
the full article by Nick Falzon of Young
Anderson.
You Aren't Allowed to Live in Your RV
Year Round, Regional District Warns
"People are doing things like installing wood-burning stoves ...
they're really moving in" RVs are not houses and old campers are
not cabins. That's the message from the Thompson-Nicola Regional
District, which is cracking down on the use of recreational
vehicles as permanent dwellings in BC's Interior. Regina
Sadilkova, the director of development services for the
district, said people living in recreational vehicles are an
ongoing problem, but one that seems to be growing. "There's
always more and more used recreational vehicles that may not be
roadworthy for sale for less and less money. So they buy them,
they park them," she told CBC Daybreak Kamloops guest host Rob
Polson. "Then they start building onto them: Decks, porches,
roofs." Read the CBC article.
UBCM Strikes Climate Action Committee
UBCM has struck a Special Committee on Climate Action to
generate new ideas, explore opportunities and barriers to local
government action, and identify avenues for further partnership
work in mitigating, and adapting to, the effects of climate
change. The new committee is comprised of elected officials and
senior staff from local government, as well as representatives
from the Province, environmental non-governmental organizations,
crown corporations and academia. UBCM President Arjun Singh
chairs the Special Committee. In an effort to take climate
action to the next level, the Committee will consider the state
of climate action, local government approaches and best
practices in mitigation and adaptation, and the roles and
responsibilities of the orders of government and external
stakeholders in supporting local action. It will also review
opportunities and barriers to taking climate action to the next
level, and propose options that are sensitive to local
conditions, autonomy, and resources. The Committee will meet
over the course of nine months, and generate a report of its
findings for consideration by the UBCM Executive. Read the UBCM
article.
DataBC and the Agricultural Land
Commission Adopt ParcelMap BC
The Land Title and
Survey Authority of British Columbia (LTSA) is pleased to
announce the Agricultural Land Commission (ALC) and the
DataBC Program,
operated by the Digital Platforms and Data Division within the
Ministry of Citizens' Services, have successfully adopted
ParcelMap BC. They are the first organizations in BC to adopt
the province-wide fabric in its entirety and join 16 local
governments who currently use ParcelMap BC as their
representation for property boundary mapping, along with over 75
more organizations who are assessing or transitioning to ParcelMap
BC. The ALC administers the provincial Agricultural Land Reserve
(ALR) including maintenance of mapped ALR boundaries. In April 2019, they
transitioned to using ParcelMap BC as the basis for mapping the
ALR where it follows legal property boundaries. The ALR is a key
component for land development in BC, informing workflows for
local governments, land surveyors and other land development
professionals. Read the full post on the BC Land Title &
Survey Authority website.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
There
were no amendments this month. |
MISCELLANEOUS
|
Miscellaneous News:
Criminal Code Changes
On September 1, 2019, the offence of brokering was added to the
definition of "offence" in section 183 of the Criminal Code, as a result of
changes to the Export and Import Permits Act
that provide for regulating international arms brokering and
allow Canada to accede to the Arms Trade Treaty. Quickscribe has
published an early consolidation of the Criminal
Code, incorporating these and other not yet in force
changes made by Bill C-75. The significant number of changes
brought by this bill represent the federal government's move to
modernize, clarify and strengthen the criminal justice system
by:
- repealing provisions deemed unconstitutional
- streamlining the bail processes
- limiting the availability of preliminary hearings to
offences carrying the most serious penalties
- creating a new process for dealing with administration of
justice offences involving youth
- reclassifying offences to provide prosecutors with
discretion to more efficiently deal with less serious conduct
- improving the jury selection process to promote more
transparency and impartiality
- providing judges with tools to more effectively manage the
cases before them
Bill C-75 comes into force in four stages: on Royal Assent
(June 21, 2019), 30 days after Royal Assent, 90 days after Royal
Assent and 180 days after Royal Assent.
Prompt Payment Legislation in British Columbia:
Long Overdue?
Trade contractors often face significant delays in payment on
construction projects, as funds slowly wind their way down the
"construction pyramid" from developers to general contractors to
trade contractors. The proliferation of "pay-when-paid" clauses
in contractor-subcontractor agreements in recent years (which we
have written about here), has further increased the time lag
for many trade contractors between completion of their work and
payment. Such delays can severely restrict trade contractors'
cash flow, and often result in crippling slowdowns on
construction projects when builder's liens are filed. In
response to these concerns, the federal government and several
provinces have now each proposed or enacted legislation to
create "prompt payment" regimes for construction projects. The
various laws all share the feature of setting tight timelines
for the payment of trade contractors after their work is
completed on a project. Read the full article by Michael Larsen and Scott
Lamb with Clark Wilson LLP.
Increased Allocation of Sockeye
Triggers the Duty to Consult
On August 8, 2019, the Federal Court of Appeal overturned a
decision of the Federal Court, finding that Squamish First
Nation's request for an increased allocation of Fraser River
sockeye salmon triggered the Crown's duty to consult. This case
is another recent example of the Federal Court of Appeal's
readiness to examine a government agency's consultation in
detail and provide commentary to guide the Crown and Indigenous
groups toward meaningful consultation. Read the full article by Bridget Gilbridge and
Sarah Noble (summer student) with Fasken Martineau DuMoulin
LLP.
Procedural Differences Between Civil Actions in
British Columbia and Ontario
As we have developed greater and more rapid business
relationships across greater distances, there has inevitably
come with this trend a larger emphasis on cross-jurisdictional
litigation. While Canadian common law is fairly uniform in its
basic components, there are notable elements that have slight,
yet potentially critical, differences. In this discussion, we
will endeavour to identify some of the most important
differences specifically between civil procedure in Ontario and
British Columbia. As a starting point, it is helpful to know
that the BC Supreme Court Civil Rules are very similar to the
Rules of Civil Procedure in Ontario, so the vast majority of
matters in BC will proceed in a similar fashion to the way they
do in Ontario. The Limitation Act governs the
limitation period for commencing an action in British Columbia.
Generally speaking for most causes of action, an individual has
2 years from the date the action is discovered to commence legal
proceedings. The Act states that an action may not be brought
"more than two years" after the claim was or should have been
discovered. Ontario has its own Limitations Act which
governs limitation periods in the province. The basic limitation
period is set out as being the second anniversary of the day on
which the claim was discovered. Due to this very slight
difference in description, the last day to issue a claim in BC
would seem to be the day before the second anniversary, whereas
an action in Ontario can be brought on the second anniversary.
There is no specific case law on this comparison, but it is
always best to be safe and issue claims well in advance of the
second anniversary of the cause of action. Read the full article by Adam Grant of McCague
Borlack LLP.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
There
were no amendments this month. |
MOTOR
VEHICLE & TRAFFIC |
Motor Vehicle and Traffic
News:
Passenger Transportation Amendments
Effective September 3, 2019, the Passenger Transportation Act and
Passenger Transportation Regulation were
amended in preparation of the launch of commercial ride-hailing
in BC. The amendments enable the Passenger Transportation Board
to begin accepting applications from companies seeking to
provide commercial ride-hailing in BC, and to determine the
supply, boundaries and fares charged to passengers. The full
implementation of the ride-hailing services will occur on
September 16, 2019, after the board decides on the applications
it receives.
Significant Changes to Federal Labour and Employment
Laws Applicable in the Transportation Sector
Numerous amendments to the Canada Labour Code (the "Code")
will come into force on September 1, 2019, ahead of the October
21st federal election. The changes will affect approximately
18,000 federally-regulated employers, including rail, aviation,
shipping, and cartage companies that move goods and people
across borders. Employers in the federal transportation and
logistics sector should take stock of the upcoming changes,
reviewed below. The changes to labour standards under Part III
of the Code are unprecedented in scope and certainly
employee-centric. The Federal Government's review of labour
standards under the Code started several years ago. Beginning in
May 2017, the Government consulted with various stakeholders and
experts "to get their perspectives on what a robust and
modern set of federal labour standards should be." These
consultations focused on improving access to leave and annual
vacation, supporting work-life balance, protecting employees in
non-standard employment, and updating termination-of-employment
provisions. Read the full article by Tim Lawson and Alexander Ognibene with McCarthy Tetrault
LLP.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
Insurance (Vehicle) Regulation (447/83) |
Sept. 1/19 |
by Reg 173/2018 |
Special Direction IC2 to the BC Utilities Commission (307/2004) |
Aug. 21/19 |
by Reg 190/2019 |
OCCUPATIONAL HEALTH AND SAFETY |
Occupational Health & Safety News:
Consultation on Proposed Amendments to the
Occupational Health and Safety Regulation
The Policy, Regulation and Research Division is requesting
feedback on proposed amendments to Part 6, Substance Specific Requirements
– Cytotoxic Drugs, of the Occupational Health and Safety Regulation.
The consultation phase provides stakeholders an opportunity to
provide feedback prior to the proposed amendments being taken to
public hearing. All stakeholder feedback is carefully considered
and analyzed, and provided to the Board of Directors of
WorkSafeBC as part of their decision-making process. Read the full article published by WorkSafe
BC.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information
|
There
were no amendments this month. |
PROPERTY
& REAL ESTATE |
Property and Real Estate News:
A closer look at the Report on Common Property, Land
Titles, and Fundamental Changes for Stratas:
Should the Strata Property Act continue to require a
resolution passed by a unanimous vote to
authorize changing the basis on which a strata lot's share of
the contribution to the strata's
operating fund and contingency reserve fund is calculated?
This post is the part of a series highlighting key
recommendations in the Report on Common Property, Land Titles,
and Fundamental Changes for Stratas. For other
entries in the series, click here. The general rule for
strata corporations is to calculate a strata lot's share of the
contribution to a strata's operating fund and its contingency
reserve fund on the basis of the strata lot's unit entitlement.
The act allows for some flexibility within this system: through
devices such as sections and types strata corporations can use
unit entitlement as the basis for calculating contributions and
also attempt to allocate expenses in ways that vary somewhat
from a strict accounting according to unit entitlement. Read the
full article by Kevin Zakreski with
BCLI.
Renter Who Listed Spare Room on Airbnb Ordered to
Repay Roommate's Damage Deposit
Kaley Antaya has been a renter in BC for 14 years, but she says
she has never faced as many problems as when she started dealing
with the tight rental market in Vancouver. Last year, Antaya's
living situation went sideways after her roommate, Amy Wutzke,
listed a third bedroom for short-term rentals on Airbnb. "It was
a nightmare," Antaya said over the phone. "I felt completely
unsafe." Antaya, 33, left without giving 30 days' notice, as per
her agreement with Wutzke. But when Antaya moved out, her
roommate refused to refund her $400 damage deposit. The BC Civil
Resolution Tribunal recently ordered Wutzke to repay it, plus
interest and the $125 filing fee. Read the CBC article.
Condo Smarts: Make Sure Your
Strata is Given Proper Notice
Every day, hundreds of emails and calls are managed by the
Condominium Home Owners Association's advisers from strata
councils, property managers, owners, tenants and commercial
users. Most complaints relate to matters involving relationships
and conflicts between occupants. Most of these issues are bylaw
enforcement and can be easily managed by strata corporations.
However, the nature of most strata councils is to often ignore
the easy solutions until those matters become a costly and
disruptive crisis in their community. Enforcing bylaws is not an
option for strata corporations. Read the full article by Tony Gioventu and
published in the Times Colonist.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
There
were no amendments this month. |
WILLS
& ESTATES |
Wills and Estates News:
Petrick (Trustee) v. Petrick, 2019 BCSC 1319 –
Not All Joint Tenancies Are Created Equal
In a recent decision, the Supreme Court of British Columbia has
clarified the property interests that may arise when a property is
held in joint names. While it is clear that a transfer of property
into joint names may result in either a gift or a trust, in Petrick
(Trustee) v. Petrick, 2019 BCSC 1319, Justice Francis has
confirmed that three situations are possible. Petrick involved a
transfer of property from a bankrupt son to his mother. His
trustee in bankruptcy applied for a declaration that the transfer
was void because it was intended to defeat his creditors. Read the
full article by Polly Storey with Clark
Wilson LLP.
Executor Remuneration – When
Do They Get Nothing
It is trite law that an estate executor/trustee has a fiduciary
duty to act in the best interests of an estate and its
beneficiaries, and in that regard, whether a professional or
non-professional, an estate trustee must exercise the standard
of care employed by a person of ordinary prudence in managing
his or her own affairs. Fales v Canada Permanent Trust Co.
(1977), 2 SCR 302, at paragraph 315. Read the full article by Trevor Todd with Disinherited
– Estate Disputes and Contested Wills.
Order Declaring Person Incapable of Managing
Her Person Revokes Power of Attorney
I have recently come across an interesting issue with respect to
the Patients Property Act and,
perhaps, an unintended consequence in the way section 19 was drafted. Under the Patients
Property Act, a person can be declared a patient by
reason of being unable to care for their person, their finances,
or both. Another person can then be appointed as the committee
of the estate of the patient, committee of the person of the
patient, or both. However, even if the application before the
Court only concerns the person, the effect of being declared a
patient results in any and all power of attorney agreements
being terminated from the date of the order:
Effect on power of attorney or representation agreement of
person becoming a patient by court order
19 |
On a person becoming a patient as defined
in paragraph (b) of the definition of "patient" in
section 1, |
|
(a) |
every power of attorney given by the person is
terminated, and |
|
(b) |
unless the court orders otherwise, every
representation agreement made by the person is
terminated. |
Read the full article by Taeya Fitzpatrick of Sabey Rule LLP.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
There were no
amendments this month. |
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