COMPANY & FINANCE |
Company and Finance News:
Changes to Securities Act – Now in Force
Effective March 27, 2020, significant amendments to the Securities
Act as a result of Securities
Amendment Act, 2019 (Bill 33) are now in force. According
to the government, the intent of these changes is to modernize
and strengthen the existing provincial securities regulation
framework and to give the BC Securities Commission (BCSC) the
powers to protect people and punish fraudsters. The amendments
establish a system for regulating derivatives and benchmarks
that are harmonized with other jurisdictions across Canada.
These changes are the first significant update to provincial
securities legislation since 2011. The intent is to ensure the
BCSC has the strongest enforcement and collection tools in the
country to help crack down on white collar crime. Amendments to
the Securities Act give the BCSC powerful tools to go
after fraudsters, including enhancements to the BCSC's current
ability to freeze property and other new measures, such as
seizing registered retirement savings plans.
Do Exceptional Times Call for Exceptional Measures?
Enforcing and Avoiding
Contractual Obligations in a Time of Crisis in
British Columbia
The social and economic fabric of British Columbia life is
facing unprecedented disruption. The COVID-19 pandemic has
shuttered storefronts, shocked markets, and closed borders.
Public officials have asked businesses and individuals to take
extraordinary steps to suppress transmission, including by
adopting social and physical distancing practices designed to
reduce the burden on the health care system and to protect the
vulnerable. These measures, and the health crisis that
precipitated them, have had varying effects on businesses in
British Columbia: some are facing remarkable demand for their
goods and services, while others have temporarily suspended
operations and closed their facilities. How does this time of
crisis impact your business' contractual rights and obligations?
While some parties will need to take the exceptional step of
activating a force majeure clause, many other
contractual mechanisms and remedies are potentially available to
businesses. Their pros and cons vary, so each business should
consider its circumstances carefully. Read the full
article by Jill Yates, Michael Feder, Miranda Lam and
Kevan Hanowski with McCarthy Tétrault LLP.
New BC Taxpayer Fairness & Service Code
The Taxpayer Fairness and Service
Code explains what you can expect when you interact
with the Ministry of Finance. According to the government the
purpose of this code is to:
- Ensure that you are aware of your rights in your
interactions with the ministry and its staff
- Outline the standards and behaviour you can expect from
ministry staff
- Provide information on how to have your concerns addressed
Changes to Provincial Personal Property Security Acts
Create
Uncertainty around Registration of Intangibles
Recent amendments to the Personal Property Security Act
(PPSA) in Ontario and British Columbia, designed to provide
certainty as to the law governing security in intangibles, may
actually cause uncertainty in certain factual situations.
Intangibles generally include personal property other than
tangible goods, chattel paper, documents of title, investment
property (such as certificated and uncertificated securities and
securities accounts), instruments and money. Intangibles which
are commonly pledged by debtors include bank accounts, a variety
of accounts receivable, and intellectual property. In the
common law provinces, the location of the debtor determines
which law will govern the perfection of security interests in
intangibles, and related matters such as priority of security
interests. As long as the PPSAs in different provinces
maintained the same rules for determining the location of the
debtor, there was rarely a reason for uncertainty. Now, however,
with provinces having different rules for determining the
location of the debtor, an interesting conflict of laws issue
arises. Read the full article
by Michael Styczen, P.Eng. with DLA Piper.
Ottawa, Banks Near Deal on Coronavirus
Small Business Loans
Canada's banks spent the weekend in intensive talks with Ottawa
to iron out details of a program that will give interest-free
loans to small businesses suffering due to the new coronavirus,
but the length of time needed to process those loans has become
a key point of discussion. A working group of bankers and
federal officials has agreed on most of the core issues,
including eligibility criteria, the banks' process for verifying
clients and preventing fraud, the terms of the loans, and what
reporting the government will require from banks, according to
financial industry sources. One sticking point remains to be
settled, the sources said: Government officials are pressing for
a five-day waiting period before banks disburse funds to clients
who qualify for loans. That would give the government time to
verify borrowers' details and ensure businesses aren't applying
more than once. Banks have pushed back, however, urging the
government to make it possible for them to issue funds the same
day, to shorten wait times for business owners who are already
pleading for more relief. Read the Globe and Mail article.
The COVID-19 Emergency Wage Subsidy:
Read the Fine Print
Law firms and businesses applying for the new wage subsidy will
need to ensure their accounting is consistent. Law firms will be
among those businesses eligible for the federal government's
$71-billion Canada Emergency Wage Subsidy for employers. The
program is intended to help businesses keep employees on the
payroll during the COVID-19 pandemic. Many details are still
being worked out, and the money won't flow for six weeks, but
non-publicly funded businesses of all sizes can apply, whether
they are Canadian-controlled private corporations, individuals
(other than trusts), partnerships, non-profit organizations or
registered charities. However, members of the Joint Committee on
Taxation of the CBA and CPA are cautioning entities to examine
the program's requirements carefully. Read the full
article by Brent Dowdall and published in the CBA National
Magazine.
New COVID-19 Wage Subsidies for Canadian Employers
The Government of Canada recently announced the Canada Emergency
Wage Subsidy in order to help employers keep on and return
employees to their payroll in response to the challenges posed
by COVID-19 and the resulting shutdowns. On April 1, Finance
Minister Bill Morneau and senior officials from the Department
of Finance released details of the new subsidy. What wage
subsidies are now available to businesses? The Government of
Canada is now offering two separate subsidy programs to
businesses for a period of three months:
- 10 per cent subsidy:
available to all eligible small businesses (defined as
non-profits or Canadian-controlled private corporations (CCPC)
with less than $15 million of taxable capital). Businesses do
not need to show a decline in revenue for this program.
- 75 per
cent subsidy: available to any employer with a 30 per cent
decrease in revenue drop.
Read the full article by Bhuvana Rai,
Dan Palayew, James Fu with Borden Ladner Gervais LLP.
Looking for a Summary of Financial Supports for Businesses and Individuals During COVID-19?
Nearly every day we are inundated with new provincial and federal initiatives that are intended to help provide health, safety and financial support to businesses and individuals impacted by COVID-19. It can be a challenge to navigate these initiatives and keep up-to-date with latest information. If you want to get a handle on what financial supports are in place for yourself or for your business, this page by MLA, North Vancouver-Lonsdale Bowinn Ma provides a summary of both provincial and federal COVID-19 financial supports in one convenient location.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
Designated Accommodation Area Tax Regulation (93/2013) |
Mar. 1/20 |
by Reg 275/2019 |
Multilateral Instrument 91-101 Derivatives Product
Determination (45/2020)
|
Mar. 27/20
|
by Reg 45/2020 |
Multilateral Instrument 96-101 Trade Repositories and
Derivatives Data Reporting (203/2016) |
Mar. 27/20 |
by Reg 45/2020 |
National Instrument 14-101 Definitions (48/97) |
Mar. 27/20 |
by Reg 45/2020 |
Provincial Sales Tax Act |
Apr. 1/20 |
by 2018 Bill 2, c. 4, sections 82 to 85 and 88 only (in force by
Reg 12/2020), Budget Measures Implementation Act, 2018 |
Securities Act |
Mar. 27/20 |
by 2019 Bill 33, c. 38, whole Act, except sections 1 (h), 19
(b), 21 and 78 (part) (in force by Reg 45/2020), Securities Amendment Act, 2019 |
Securities Regulation (196/97) |
Mar. 27/20 |
by Reg 45/2020 |
Securities Rules (194/97) |
Mar. 27/20 |
by Reg 45/2020 |
ENERGY & MINES |
Energy and Mines News:
Pipeline Regulation Amendments
The BC Oil and Gas Commission (Commission) has amended the Pipeline Regulation, effective
March 9, 2020. Below are some of the changes to be aware of.
Permit holders must provide post-construction plot plans to the
Commission within 60 days of completing construction. These
plans must show the location of the pipeline and all associated
oil and gas activities. Within 90 days after construction is
completed, record drawings, and pipe and component
specifications must be provided. The amendment strengthens the
safety aspects of a pipeline:
- Once pipeline construction is complete, the permit holder
must ensure the right-of-way is kept clear of garbage, debris,
and derelict equipment.
- An integrity management program, formerly required only for
the operating phase of a pipeline, is now required for the
entire life cycle of the pipeline.
- Prior to operating, a permit holder must have a damage
prevention program in place for anticipating and preventing
damage to the pipeline.
- The CSA Z662 Annex A Safety and Loss Management System is
mandatory.
Read the full BCOGC
Bulletin issued March 18, 2020.
Guidance to Mining and Smelting Operations during
COVID‐19
Updated on March 30, 2020
As challenges caused by novel coronavirus (COVID-19) continue to
shift, the BC government and Dr. Bonnie Henry, BC's provincial
health officer (PHO), are taking unprecedented measures to slow
transmission. On March 16, 2020, Henry issued an order under the
Public Health Act prohibiting
gatherings of more than 50 people. On March 18, 2020, the chief
inspector of mines (CIM) communicated to all major mines, sand
and gravel, and placer operations in BC with respect to the
COVID-19 pandemic. Further to the guidance provided by the CIM
that all mines must follow the public health order, the PHO is
directing all mines and smelters to take additional precautions
to minimize the risks of COVID-19 transmission and illness to
their employees. While mine sites are not considered to be
gatherings of more than 50 people, the PHO has provided the
following directions for day-to-day production and site
operations: Read the full government news
release.
Fuel Price Transparency Act Now in Force
Effective March 9, 2020 the Fuel
Price Transparency Act was brought into force by B.C.
Reg. 52/2020 to ensure transparency by oil and gas
companies with regard to volumes and pricing. It follows a
British Columbia Utilities Commission (BCUC) report that
discovered a lack of competition among fuel producers and
unaccounted-for increases in pricing. The Fuel
Price Transparency Regulation was also created to
empower the utilities commission for this purpose.
Mining Association of BC Issues Statement on BC Hydro
Rate Deferral for Industrial Customers
Michael Goehring, President & CEO of the Mining Association
of British Columbia, issued the following statement today in
response to the Government of British Columbia's announcement
that major BC industries, including the mining sector, will have
the opportunity to defer 50% of their BC Hydro bill payments for
three months: "MABC commends the Government of BC and BC Hydro
for the hydro deferral program announced today as part of
government's response to COVID-19. The hydro deferral and other
measures in the Province's COVID-19 Action Plan will improve
liquidity and cash flow and help keep the mining sector
operating and British Columbians working during this
unprecedented health and economic crisis. Mining is energy
intensive and electricity is one of the industry's largest
costs. Read the full article
on the MABC website.
BCOGC Bulletins March
The BCOGC has issued the following bulletins in the month of
March:
Visit the BCOGC website
to view these and other bulletins.
|
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Apollo Forest Products Ltd. Exemption Regulation (242/2016) |
Mar. 20/20 |
by Reg 61/2020 |
First Nations Clean Energy Business Fund Regulation (377/2010) |
Apr. 1/20 |
by Reg 7/2017 and Reg 149/2018 |
Fuel Price Transparency Act |
NEW
Mar. 9/20 |
c. 46, SBC 2019, Bill 42, whole Act in force by Reg 52/2020 |
Fuel Price Transparency Regulation (/2020) |
NEW
Mar. 9/20 |
see Reg 52/2020 |
Liquefied Natural Gas Facility Regulation (146/2014) |
Mar. 9/20 |
by Reg 55/2020 |
Petroleum and Natural Gas Act Fee, Rental and Work Requirement
Regulation (378/82) |
Mar. 1/20 |
by Reg 33/2020 |
Petroleum and Natural Gas Drilling Licence and Lease Regulation
(10/82) |
Mar. 1/20 |
by Reg 33/2020 |
Pipeline Regulation (281/2010) |
Mar. 9/20 |
by Reg 54/2020 |
FAMILY
& CHILDREN |
Family and Children
News:
Family Justice Services Continue During
Covid-19 - But in Different Ways
The Family Justice Services Division of the BC Ministry of the
Attorney General has updated the Court on how it will operate
during the pandemic. The Division provides a range of services
to help resolve family disputes in a fair and timely way. Its
in-person services are temporarily not available, but you can
still access many of their services by telephone or other
virtual means. In a "Response to COVID-19" statement received by
the Court on March 24, 2020 the Division says: "To align with
the recent advice from public health professionals and
authorities for containing the spread of the Coronavirus
(COVID-19), Family Justice Services Division (FJSD) has
temporarily discontinued in-person services in all Family
Justice Centres and Justice Access Centres around the province.
This includes the Self-help Resource Rooms and services provided
by justice partners located in the Justice Access Centres. Read
the full article on the Provincial Court of BC
website.
Parenting Time Issues During COVID-19
Pandemic – What is an Urgent Case?
Family Courts throughout Canada will be asked to consider issues
of parenting time in light of the COVID-19 pandemic in urgent
cases. But what is an urgent case? There are now two Court
decisions from the Ontario Superior Court that help answer that
question and provide important guidance regarding how judges are
likely to view applications to vary parenting orders due to
COVID-19 concerns. So far it does not appear that any decisions
related to COVID-19 concerns have been made in British Columbia.
On March 24, 2020, Ribeiro v. Wright 2020 ONSC 1829, a
decision of the Ontario Superior Court of Justice, Family Court
was released. Mom and Dad had joint custody of their 9-year-old
son, who lived primarily with Mom, and Dad had access on
alternating weekends. Read the full article by Trudy Hopman with Harper
Grey LLP.
Increase in Federal Child Benefit
In response to COVID-19, the maximum annual Canada Child Benefit
payment amounts will be increased by $300 per child for the
2019-20 benefit year. This will be added to the May 2020 benefit
cheque. With this new policy in place, the new payout will mean
$550 for the average family. Those who already receive the
Canada Child Benefit do not need to re-apply.
Child-protection Committee Completes Review of Selected
Court
Orders and Procedures at this Month's [March] Meeting
from BCLI:
At its March 2020 committee meeting, BCLI's Child Protection Project Committee
continued its review of provisions of the Child, Family and Community Service Act
relating to selected court orders and procedures. The committee
considered four issues under this topic at the meeting. First,
the committee examined whether a clarifying amendment should be
made to section 54.2 of the act. This section sets
out the effect of orders permanently transferring custody of a
child to a third party (that is, someone who isn't a parent or
the director). These orders may be made before a continuing
custody order (under section 54.01) or after a continuing
custody order (under section 54.1). The committee discussed
whether any confusion could result when an order is made under
section 54.01 having the declared effect of the third party
becoming "the child's guardian." Should it be made clear that
the third party is to become the child's sole guardian? Read the
full article by Kevin Zakreski with
BCLI.
BC Liberals Re-introduce Legislation to Waive Fees to
Hyphenate or Combine Last Names after Marriage
BC Liberal MLA Mary Polak is re-introducing legislation on
Wednesday [March 4] to waive the fee for married couples who
want to merge or hyphenate their last names. The legislation [M 203] was first introduced last year but
was never called for debate. "I think it is something that is
relatively small and easy for government to do," Polak said. "I'm hopeful this time around I can convince them to do this.
I'm under the understanding that Ontario has introduced
legislation to do the same thing. I hope British Columbia can
move into the 21st century." Read the full article by Richard Zussman of
Global News.
|
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Adoption Regulation (291/96) |
Mar. 2/20 |
by Reg 43/2020 |
FOREST
& ENVIRONMENT |
Forest and Environment News:
COVID-19 and Your
Environmental Obligations
In this period of uncertainty, it is not always easy to set
business priorities. While certain businesses are closing or
shutting down their operations, voluntarily or under
compulsion, environmental obligations are ongoing. Whether
your compliance obligations originate from governmental
statutes and regulations, or from internal standards or
agreements, it is important to identify these obligations as
soon as possible in order to manage the impact of the pandemic
on your business. Multiple provinces in Canada have ordered
the closure of all non-essential workplaces in order to fight
the spread of COVID-19, but the list of workplaces considered
essential varies by province or territory. Certain tribunals
and government offices may operate with reduced capacity and
in-person hearings may be postponed entirely. In this
tumultuous time when new emergency measures are enacted daily,
this bulletin provides a starting point for the steps to
consider in order to protect your business from consequences
of non-compliance, including regulatory penalties. While the
initiative by the United States Environmental Protection
Agency to suspend enforcement of some obligations in many
industries has gained attention, Canadian businesses should
assume monitoring, reporting and emissions control conditions
remain enforceable. Requesting that regulators exercise
discretion on a case-by-case basis is an option for facilities
that anticipate they may be unable to comply with conditions
of their approvals; however, relief from obligations cannot be
presumed. Read the full article
by Julie Belley Perron, F.F.
(Rick) Coburn, Gabrielle K. Kramer, Julie-Anne Pariseau,
Barbora Grochalova with Borden Ladner Gervais LLP.
A Revitalized Forest Sector with First Nations as Full
Partners [Opinion]
from BC Forest Professional (Spring Edition)
The Interior forest sector is undergoing a transition because
of the impacts on mid-term timber supply caused by the
mountain pine beetle epidemic (MPB) and two severe wildfire
seasons. Although devastating for many communities, this
provides an opportunity to revisit forest management and look
for ways to manage forests differently. Meaningful inclusion
of First Nations in this process has the power to facilitate a
climate for investment based on sustainable resource
development. With a deep connection to the land and a
knowledge that goes back generations, Indigenous peoples need
to be key players in the transformation of the forest sector
in BC. In the spring of 2019, the BC First Nations Forestry
Council (the "Forestry Council") co-hosted a series of
workshops alongside the Ministry of Forests, Lands, Natural
Resource Operations and Rural Development with Interior First
Nations' communities. Discussions helped identify key changes
to forest policies and legislation needed to advance
reconciliation and implement the United
Nations Declaration on the Rights of Indigenous Peoples (the "UN Declaration") to develop a stronger, more inclusive forest
sector. Read the full article
by Charlene Higgins, MSc, PhD published in the BC Forest
Professional.
|
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Administrative Penalties (Environmental Assessment Act)
Regulation (64/2020) |
NEW
Mar. 26/20 |
see Reg 64/2020 |
Environmental Assessment Fees Regulation
(246/2019) |
Mar. 26/20 |
by Reg 66/2020 |
Apr. 1/20 |
by Reg 66/2020 |
Environmental Assessment Transition Regulation (249/2019) |
Mar. 26/20 |
by Reg 65/2020 |
Carbon Tax Act |
Apr. 1/20 |
by 2018 Bill 2, c. 4, sections 6 to 10 only (in force by Reg 12/2020), Budget Measures Implementation Act, 2018 |
Carbon Tax Regulation (125/2008) |
Apr. 1/20 |
by Reg 12/2020 |
Reviewable Projects Regulation
(243/2019) |
Mar. 26/20 |
by Reg 67/2020 |
Apr. 1/20 |
by Reg 243/2019 |
Violation Ticket Administration and Fines Regulation 89/97 |
Mar. 26/20 |
by Reg 68/2020 |
HEALTH |
COVID-19: Can they do that? Part III: British
Columbia's
Emergency Program Act and Public
Health Act
This update is part of a continuing series. We are providing a
brief overview of the current state of federal and provincial
emergency legislation, how our governments are using (and could
eventually use) their statutory powers to confront COVID-19, and
what the effects of their efforts on Canadian businesses might
be. We are also canvassing some of the constitutional
constraints on government action. In this update, we consider
British Columbia's Emergency Program Act and Public Health Act. For our past updates, and for up-to-date
information on COVID-19 and McCarthy Tétrault's perspective on
the legal issues it presents, please visit our dedicated hub here. Read the full
article by Eric Block, Adam Goldenberg, Kathryn
Gullason, Michael Feder and Nocholas Huges with McCarthy
Tétrault.
COVID-19: 1,862 Lower Mainland Hospital Beds Empty and
Ready for Pandemic Patients [April 2]
Metro Vancouver's hospitals are almost half empty because the
unprecedented decision by the government to cancel non-essential
surgeries to make way for a potential surge of COVID-19 cases.
Detailed hospital data, compiled exclusively for Postmedia News
by the Ministry of Health, showed 1,862 free beds in eight major
hospitals in the Lower Mainland. St. Paul's in downtown
Vancouver has the lowest occupancy on Thursday at 52 per cent,
while the highest occupancy rate in the Lower Mainland was at
Abbotsford Regional Hospital with 65.9 per cent. Read the full article by Rob Shaw of The
Vancouver Sun.
New Community Living BC Guidance (April 2)
In light of the increasing community transmission of the virus
that causes COVID-19 in British Columbia we encourage CLBC to
continue implementing public health measures including:
- physical distancing of at least 2 meters (learn more here)
- frequent hand hygiene (learn more here)
- cleaning and disinfection (learn more here)
- self-isolation of individuals who have symptoms of COVID-19
for a minimum of 10 days (learn more here)
Community Living BC: Guidance for
COVID-19 - April 2, 2020 (PDF, 46KB)
New Order removes Liability for Essential
Service Providers Due to COVID 19
On April 2nd, the BC Government issued The Prevention
Against Liability Order M094/2020 (Emergency Program Act), indemnifying people from liability due to
COVID-19 provided they are performing an essential service and
- Were operating or providing the essential service in
accordance with all applicable emergency and public health
guidance, or
- Reasonably believed that the person was operating or
providing the essential service in accordance with all
applicable emergency and public health guidance
- Essential services are listed in a detailed Schedule but
include the following:
- Health and health services
- Law enforcement and safety personnel
- Vulnerable population service providers
- Critical infrastructure service providers
- Food, transportation, sanitation and communications
providers among others
BC CDC Guidance for Health Care Providers During
COVID-19
The Centre for Disease Control has published some guidance for
psychosocial planning for health care providers who provide care
and services during the COVID-19 pandemic. The guidance is not
intended to be prescriptive or exhaustive but is based on the
premise that there are differences across health authorities in
terms of access to and availability of resources, specific
planning processes, and the plans and programs that might be
available to support the well-being of health care workers. Key
objectives include:
- Protecting and/or promoting the psychosocial well-being
and resilience of health care workers;
- Mitigating or
preventing more serious psychosocial or mental health issues
that health care providers may experience as a result of the
COVID-19 pandemic; and
- Supporting health care provider
willingness and ability to continue working.
Read more here.
New Order to Address Shortage of Pharmacists During
COVID-19
April 1, 2020, M092/2020
activates temporary pharmacist registration under the Health
Professions Act. For the duration of the COVID-19
pandemic, those who may register as pharmacists in BC include
- Former Registrants
- Non-Practicing Pharmacists
- Pharmacy graduates (including UBC) who are not yet full
Pharmacists
- Pharmacy Students from Outside of BC
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
Community Care and Assisted Living Act |
Mar. 5/20 |
by 2020 Bill 8, c. 4, sections 31 and 32 only (in force by Royal
Assent), Education Statutes Amendment Act, 2020 |
Emergency Health Services Regulation (471/74) |
Apr. 1/20 |
by Reg 58/2020 |
Provider Regulation (222/2014) |
Apr. 1/20 |
by Reg 72/2020 |
LABOUR
& EMPLOYMENT |
Labour and Employment News:
COVID-19: BC Passes Job Protection Legislation for COVID-19 Leave and Enacts Sick Leave
On March 23, 2020, at an emergency sitting of the Legislature,
the BC Government passed legislation to provide job-protected
COVID-19 leave for employees who are unable to work for
reasons related to the COVID-19 pandemic. Bill
16, Employment Standards Amendment Act (No. 2), 2020,
entitles employees to:
- take three days of unpaid sick leave, provided they have
been employed for 90 days; and
- an unpaid leave of absence in relation to COVID-19 if:
- the employee has been diagnosed with COVID-19 and is
complying with instructions, orders or advice from medical
professionals;
- the employee is in quarantine or self-isolation in
accordance with:
– an order of the provincial health officer,
– an order made under the Quarantine
Act (Canada),
– guidelines of the British Columbia Centre for Disease
Control, or
– guidelines of the Public Health Agency of Canada;
- the employer has directed the employee not to work, due
to the employer's concern about the employee's exposure to
others;
- the employee is providing care to an eligible person,
including because of the closure of a school or daycare or
similar facility;
- the employee is prevented from returning to British
Columbia because of travel restrictions; or
- a prescribed situation exists relating to the employee.
Employees wishing to take COVID-19 Leave will not be required to
provide a medical note to employers. However, employers can
require that employees provide evidence that is reasonable in
the circumstances, as soon as practicable, to substantiate their
absence.Read the full article
by Abigail Cheung with McCarthy Tetrault LLP.
Employee Privacy Issues during Covid-19
Employers who are continuing operations during the
current COVID-19 pandemic are obligated to take reasonable
steps to protect the health and safety of their workers. In
order to do this, employers may need to ask employees some
personal questions about their health status or conduct health
assessments. However, privacy laws continue to apply in spite
of the ongoing public health emergency, and employers should
be mindful of how privacy laws may limit what can be asked of
employees. Read the full
article by Lorene A.
Novakowski and Kristen
Woo with Fasken Martineau DuMoulin LLP.
British Columbia Announces Pension Relief
Measures Amidst the COVID-19 Pandemic
In response to the
COVID-19 pandemic and market disruption, on March 30, 2020,
the British Columbia Financial Services Authority (BCFSA)
published bulletin number PENS
20-002 setting out relief measures for pension plans
registered under the Pension
Benefits Standards Act (British Columbia) (PBSA). The
relief measures provide the following extensions to deadlines
for required filings and information disclosures under the Pension Benefits Standards
Regulation (British Columbia) (PBSR): Read the full article by Jordan
Fremont and Jaspreet Kaur with Bennett Jones LLP.
Permissive Disclosure of Personal Information in the
Midst of the Covid-19 Crisis
Our federal and provincial Privacy Commissioners have
confirmed that our privacy laws, although still fully in
force, are not a barrier to the appropriate information
sharing in the midst of the global COVID-19 crisis. So, what
does this mean for your business or organization? Can you
disclose personal information without consent, such as who has
tested positive for COVID-19, to appropriate recipients
without infringing your applicable privacy law? What
safeguards must you take when using technology to disclose
personal information to respond to COVID-19 related matters or
when remote working during this crisis? Like any privacy law
question, this answer depends on what privacy legislation
governs your organization and how those provisions are being
interpreted and applied by the provincial or federal privacy
commissioner. Read the full
article by Karen Zimmer with Alexander Holburn
Beaudin + Lang LLP.
Looking for a Summary of Financial Supports for
Businesses and Individuals During COVID-19?
Nearly every day we are inundated with new provincial and
federal initiatives that are intended to help provide health,
safety and financial support to businesses and individuals
impacted by COVID-19. It can be a challenge to navigate these
initiatives and keep up-to-date with latest information. If
you want to get a handle on what financial supports are in
place for yourself or for your business, this page by MLA,
North Vancouver-Lonsdale Bowinn Ma provides a summary of both
provincial and federal COVID-19 financial supports in
one convenient location.
The COVID-19 Emergency Response Act
On March 25, 2020, the Government of Canada passed Bill
C-13, the COVID-19 Emergency Response Act
(the "Act"). The purpose of this emergency legislation is to
provide financial aid and supports to Canadians, businesses
and the economy from the impacts of the COVID-19 pandemic.
Among a number of other measures, the Act contains the
Government's COVID-19 Economic Response Plan in order to
provide direct financial aid to Canadian employees and
businesses, plus $55 billion in tax deferrals to assist in
supporting Canadians and stabilizing the economy. The Act
includes measures that will have significant consequences for
employers and employees impacted by COVID-19. Set forth below
is a summary of some of those key measures. Read the full
article by Shandra
Czarnecki, Dany Théberge MLT Aikins LLP.
|
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Employment Standards Act |
Mar. 23/20 |
by 2020 Bill 16, c. 6, sections 1 and 2 only (in force by Royal
Assent), Employment Standards Amendment Act (No. 2), 2020 |
Human Rights Code |
Apr. 1/20 |
by 2018 Bill 50, c. 48, sections 7, 8, 10 (part), 11 (part) only
(in force by Reg 71/2020), Human Rights Code Amendment Act, 2018 |
Social Services Employers Regulation (84/2003) |
Mar. 2/20 |
by Reg 44/2020 |
Workers Compensation Act |
Mar. 2/20 |
by Reg 46/2020 |
LOCAL
GOVERNMENT |
Local Government News:
Protection Against Liability for
Essential Service Provider
On April 2, 2020, the Minister of Public Safety and Solicitor
General made Ministerial Order
M094 pursuant to the Emergency Program Act, RSBC 1996, c. 111, titled Protection Against
Liability (COVID-19) Order. Order M094 will remain in effect
until the declaration of a state of emergency expires or is
cancelled, or if extended, until the last extension of the
declaration expires or is cancelled. M094 provides persons
operating or providing an "essential service" with immunity from
liability for damages resulting from an individual being or
likely being infected with or exposed to SARS-CoV-2 as a result
of that person's operation or provision of the essential
service. In order for this immunity from liability to apply, the
person operating or providing the essential service must do so,
or reasonably believe they are doing so, in accordance with all
applicable emergency and public health guidance, and must not be
grossly negligent. Read the full
article by Jessica Eastwood with Stewart McDannold
Stuart.
New Orders Impact Local Governments
On March 26, Minister of Public Safety and Solicitor General,
Mike Farnworth, issued a series of ministerial orders to ensure
a coordinated response to COVID-19 across all levels of
government for the duration of the provincial emergency. Among
other things, the new Orders dictate how local governments are
to deliver their services in response to COVID-19. Under the
authority of the Emergency Program Act, the
Minister issued an Order suspending local states of
emergency specific to the COVID-19 pandemic, except for the City
of Vancouver; giving municipal councils the ability to
hold more flexible meetings to expedite decisions; and
coordinating potential use of local publicly owned facilities,
like community centres, for self-isolation, testing, medical
care, warehousing and distribution. A new Provincial Supply
Chain Coordination Unit will be established to coordinate goods
and services distribution, taking a more active role in
coordinating essential goods and services movement by land, air,
marine and rail, and suspending any bylaws that restrict goods
delivery at any time of day. The Orders will also enable municipal bylaw officers to support
enforcement of the provincial health officer's orders for
business closures and gatherings, in line with offences under
the Public Health Act. Source: BC
Government news release
Compliance and Enforcement Guidance about Public Health
Orders with respect to Physical Distancing
The BC Centre for Disease Control recently published new
guidelines for compliance and enforcement officials (C&EOs)
such as municipal bylaw enforcement officers and other
provincial compliance officers i.e. liquor and cannabis control
and licencing inspectors, gambling enforcement and
investigations officers, and community safety personnel with
respect to the implementation of COVID-19 public health orders.
NOTE: Police officers and C&EOs
are not empowered to enforce (i.e. ticket or detain) with
respect to public health orders. Their role is to provide
assistance only when called upon by a health officer pursuant to
section 90 of the Public
Health Act (see Appendix 1).
Who, in Law, is "The Government"?
The list of rules about applying local zoning bylaws to land
uses that involve the provincial government, based on s.
14 of the Interpretation Act and relevant
case law, just got lengthier. Until late last year, the rules
were these:
- Local bylaws are binding on the provincial government (s.
14(1) of the Interpretation Act)
- Except local bylaws that would affect "the government",
including agents of the government, in the use or development
of land (s. 14(2) of the Interpretation Act)
- But that exception doesn't include bylaws that would affect
a third party operating business assets owned and maintained
by a provincial government agency (B.C. Lottery
Corporation v. Vancouver (1999))
- Or bylaws that would merely affect a third party lessee of
provincial government land (Squamish v. Great Pacific
Pumice Inc. (2000)) As a result of the B.C. Supreme
Court's November 6, 2019 decision in Beuchler v. Island
Crisis Care Society, we have a further rule:
- But the exception does include a bylaw that would affect a
nongovernment entity that is using the government's land at
the behest of the government in furtherance of government
objectives
To make sense of this latest rule it's useful to consider the
facts out of which the Beuchler decision arose. Read
the full article by Bill Buholzer, associate
counsel at Young Anderson Barristers and Solicitors – published
in the firm's recent Newsletter Volume 31, Number 1.
COVID-19 Compliance Hotline Up and
Running in New Westminster
The City of New Westminster has set up a dedicated phone line
and email for people to report any concerns they have with
others not following recommended health guidelines during the
current pandemic. The city's manager of licensing and integrated
services Kim Deighton told CTV News Vancouver the reporting
system they're calling the "Covid Compliance Hotline" started
operating Friday night [March 27]. Deighton said the phone line
and email account are monitored by administration staff, who
then can dispatch a two-person team including a bylaw officer to
investigate. Read the CBC news article.
UBCM COVID-19 Outreach & Advocacy
UBCM has been monitoring and assessing the impact of COVID-19 on
BC communities and local government operations and finances.
Last week, UBCM reached out to a wide of range of local
governments to gather information the immediate and projected
long-term financial pressures facing local governments, their
residents, and local businesses. As part of this outreach, UBCM
sought to identify measures that could address the financial
pressures local governments faced, as well as support the
economic recovery following the pandemic. "Local governments
find themselves in a double-bind," said Mayor Maja Tait, UBCM
president. "The sudden and dramatic loss of revenue is requiring
us to rethink budgets to focus on core service delivery and
support the provincially coordinated response to COVID-19. At
the same time, we are aware of the many residents and businesses
in our communities that have seen even greater losses of income
and are looking for relief." Local governments identified a
significant number of financial challenges and pressures
including: Read the UBCM article.
Guidelines for Bylaw Enforcement Officers Assisting
with
Enforcement of COVID-19 Public Health Orders
As we have previously noted on this page, on March 26, 2020 the
Minister of Public Safety and Solicitor General issued
Ministerial Order No. M082, which requires local
authorities, to the greatest extent possible without unduly
compromising any other bylaw enforcement objectives of the local
authority, to ensure that their Bylaw Enforcement Officers
provide assistance in the enforcement of public health orders.
To that end, the Provincial Health Officer has now issued Compliance and Enforcement Guidelines
for Bylaw Enforcement Officers who provide assistance with the
enforcement of public health orders. The list of all current
Public Health Officer Orders can be found here. Read the full article by Andrew Buckley
with Stewart McDannold Stuart.
Property Assessment Appeal Board
Extends Appeal Deadline to June 1
On April 2, 2020, the Property Assessment Appeal Board (PAAB)
exercised its jurisdiction under Ministerial
Order M086 to extend the statutory filing deadline for
appeals to the PAAB from April 30 to June 1. The PAAB's Order
can be found here. This
statutory deadline comes from section
50(3) of the Assessment Act, relating to the
right of appeal from the Property Assessment Review Panel to the
PAAB. This extension will allow local governments, and all other
property owners, who wish to file property assessment appeals to
the PAAB, additional time to file their appeals. We will issue
further bulletins as the implications of this extension becomes
clearer.
Local Government Emergency Powers – COVID-19
The following bulletin
published by Lidstone & Company on March 19 provides some
clarity on the powers that local governments have in regard to
the COVID-19 pandemic. |
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Agricultural Land Commission Act |
Mar. 12/20 |
by 2019 Bill 15, c, 32, sections 1 (b), 2 to 11, 14 to 16, 17
(a) to (c), (e), (f), (g) (part), (h), 18, 21, 22 (part), 23, 27,
28 (b), 29, 31 to 34, 35 (part), 37 only (in force by Reg 57/2020), Agricultural Land Commission Amendment Act, 2019 |
Agricultural Land Reserve General Regulation (57/2020) |
NEW
Mar. 12/20 |
see Reg 57/2020 |
Agricultural Land Reserve Transitional Regulation (171/2020)
(formerly titled Agricultural Land Reserve General Regulation) |
Mar. 12/20 |
by Reg 57/2020 |
Assessment Authority Act |
Mar. 5/20 |
by 2020 Bill 10, c. 1, section 1 only (in force by Royal
Assent), Municipal Affairs and Housing Statutes Amendment
Act, 2020 |
Minister's Athletic Commissioner Regulation |
Mar. 18/20 |
by Reg 60/2020 |
British Columbia Transit Regulation (30/91) |
Mar. 6/20 |
by Reg 51/2020 |
Bylaw Notice Enforcement Regulation (175/2004) |
Mar. 9/20 |
by Reg 53/2020 |
Community Charter |
Mar. 5/20 |
by 2020 Bill 10, c. 1, section 4 only (in force by Royal
Assent), Municipal Affairs and Housing Statutes Amendment
Act, 2020 |
Gas Safety Regulation (103/2004) |
Apr. 1/20 |
by Reg
208/2019 |
Gaming Control Regulation (208/2002) |
Mar. 4/20 |
by Reg 36/2020 |
Liquor Control and Licensing Regulation (241/2016) |
Mar. 21/20 |
by Reg 62/2020 |
Local Government Act |
Mar. 5/20 |
by 2020 Bill 10, c. 1, sections 5 and 6 only (in force by Royal
Assent), Municipal Affairs and Housing Statutes Amendment
Act, 2020 |
Municipalities Enabling and Validating Act (No. 4) |
Mar. 5/20 |
by 2020 Bill 10, c. 1, section 7 only (in force by Royal
Assent), Municipal Affairs and Housing Statutes Amendment
Act, 2020 |
Political Party Interim Financial Report Regulation (8/2018) |
REPEALED
Mar. 23/20 |
by Reg 63/2020 |
School Act |
Mar. 5/20 |
by 2020 Bill 8, c. 4, sections 8, 14, 15, 18, 22, 23, and 26 to
29 only (in force by Royal Assent), Education Statutes Amendment Act, 2020 |
Vancouver Charter |
Mar. 5/20 |
by 2020 Bill 10, c. 1, sections 8 to 14 only (in force by Royal
Assent), Municipal Affairs and Housing Statutes Amendment
Act, 2020 |
Victoria Regional Transit Commission Regulation No. 41-2020
(59/2020) |
NEW
Mar. 31/20 |
see Reg 59/2020 |
Wines of Marked Quality Regulation (168/2018) |
Mar. 30/20 |
by Reg 69/2020 |
MISCELLANEOUS
|
Miscellaneous News:
Holdbacks in the time of COVID-19: Potential
Impacts of Emergency Measures on BC
Novel legal issues arise daily as the world navigates the
COVID-19 pandemic. One such issue relates to limitation periods
and their implications for Canadian construction. A review of
British Columbia's emergency measures reveals a potential gap
when it comes to builders' lien holdbacks in the province. In an
earlier bulletin, we
discussed the retroactive suspension of Ontario's limitation
periods and civil deadlines, and how this suspension affects
construction projects. Read the full
article by Jamieson D.
Virgin, Glenn Grenier with McMillan LLP.
Rules Changed to Allow BC Restaurants to
Deliver Alcohol with Meals
Restaurants will be allowed to deliver alcohol along
with meals, says BC's attorney general. David Eby announced the
change Sunday [March 22] to reinforce social distancing orders
and help support workers in the restaurant industry. "In these
extraordinary times, more British Columbians are relying on
delivery services during the COVID-19 pandemic," Eby said.
"Permitting licensed restaurants to hire their out-of-work
servers to deliver liquor products as part of their
food-delivery service allows the public to continue to observe
social distancing measures and also offers much-needed support
to these workers and businesses." Read the Times Colonist
article.
|
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Exemption Regulation (27/2002) |
Feb. 14/20 |
by Reg 21/2020 |
Freedom of Information and Protection of Privacy Act |
Feb. 27/20 |
by Reg 34/2020 |
Government Reporting Entity Regulation (134/2001 |
Feb. 14/20 |
by Reg 20/2020 |
Jury Regulation (282/95) |
Feb. 28/20 |
by Reg 38/2020 |
Limitation Act |
Mar. 27/20 |
by 2019 Bill 33, c. 38, section 99 only (in force by Reg 45/2020), Securities Amendment Act, 2019 |
Police (Uniforms) Regulations (564/76) |
Feb. 28/20 |
by Reg 40/2020 |
Social Services Employers Regulation (84/2003) |
Feb. 18/20 |
by Reg 23/2020 |
MOTOR
VEHICLE & TRAFFIC |
Motor Vehicle and Traffic
News:
The Government of Canada Announces New Measures for
Ferries and Commercial
Passenger Vessels Capable of Carrying More than 12 Passengers
Ensuring the safety and security of Canadians is the Government
of Canada's top priority. As the COVID-19 pandemic continues to
evolve, Transport Canada is working with the Public Health
Agency of Canada, other levels of government, transportation
industry stakeholders, and Indigenous peoples to help limit the
spread of COVID-19. The Minister of Transport, the Honourable
Marc Garneau, today announced new measures to reduce the risk of
COVID-19 transmission on commercial passenger vessels and
ferries. As of April 6, the new measures with mandatory
requirements:
- Prohibit all commercial marine vessels with a capacity of
more than 12 passengers from engaging in non-essential
activities, such as tourism or recreation.
- These measures will remain in place until at least June
30.
- Prevent any Canadian cruise ship from mooring, navigating,
or transiting in Canadian Arctic waters (including
Nunatsiavut, Nunavik and the Labrador Coast).
- Should any foreign passenger vessel seek to enter Arctic
waters, they would need to give the Minister of Transport 60
days' notice and be subject to any conditions the Minister
determines necessary to ensure the protection of marine
personnel and local communities.
- These measures will remain in place until October 31,
2020.
- Require ferries and essential passenger vessel operators
to:
- Immediately reduce by 50% the maximum number of passengers
that may be carried on board (conduct half-load voyages) to
support the two-metre physical distancing rule; or
- Implement alternative practices to reduce the risk of
spreading COVID-19 (consistent with Public Health Agency of
Canada guidelines) among passengers on board their vessels,
such as keeping people in their vehicles, when feasible or
enhanced cleaning and hygiene measures.
Read the full Transport Canada news
release.
Winter Tire, Early Spring Snowfall Reminder
Drivers are reminded that winter tire regulations remain in place until April 30, 2020, on many highways to account for
early spring snowfall. The ministry is following the advice and orders of the provincial health officer and the federal
government to keep British Columbians as safe as possible and stop the spread of COVID-19. While highways and roads remain
open, the provincial health officer recommends that people stay close to home and avoid any non-essential travel. Read the full article published by the
Ministry of Transportation and Infrastructure.
CVSE Bulletins & Notices
The following notices were posted by CVSE:
- CT Notice 01-20 – Form CVSE1052 has
been amended – RCMP Signatures are no longer required
- CVSE 1052 Contacts – Notice to
industry that the List of Contacts for use with Form
CVSE1052 has been updated (March 17, 2020)
- NSC Bulletin 01-2020 – Hours of
Service Regulations During the Current COVID-19 Pandemic
- Circular 01-20 – COVID-19 Vehicle
Inspection Extension
- CT Notice 03-19 – Overall Width
Restriction During Construction on the Carolin Bridge on
Highway 5
For more information on these and other items, visit the CVSE
website.
|
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Insurance (Vehicle) Regulation (447/83) |
Mar. 5/20 |
by Reg 47/2020 and Reg 48/2020 |
Lien on Impounded Motor Vehicles Regulation (25/2015) |
Mar. 1/20 |
by Reg 15/2020 |
Motor Fuel Tax Act |
Apr. 1/20 |
by 2018 Bill 2, c. 4, sections 46 to 50 only (in force by Reg 12/2020), Budget Measures Implementation Act, 2018 |
Motor Fuel Tax Regulation (414/85) |
Apr. 1/20 |
by Reg 12/2020 |
Motor Vehicle Act Regulations (26/58) |
Mar. 5/20 |
by Reg 47/2020 |
Passenger Transportation Regulation (266/2004) |
Apr. 1/20 |
by Reg 266/2004 |
Special Direction IC2 to the British Columbia Utilities
Commission (307/2004) |
Mar. 5/20 |
by Reg 49/2020 |
Violation Ticket Administration and Fines Regulation 89/97 |
Mar. 26/20 |
by Reg 68/2020 |
OCCUPATIONAL HEALTH AND SAFETY |
Occupational Health & Safety News:
Revised Workers Compensation Act – Now in Force
Effective April 6, the newly revised Workers
Compensation Act came into force. According to the
government, the revision is intended to make the Act easier to
read and understand. For example, the pre-revised
version of the Act has four parts with multiple
divisions, sections, and subsections. To improve clarity, the
proposed changes would rearrange the Act into eight parts.
Complex provisions would be split up into individual components,
creating more sections and subsections. In some sections, the
government has proposed minor wording revisions expected to
modernize the language and help with clarity. A concordance
has been published to help navigate between sections of the old
and newly revised version of the Act.
New Interim Guidelines for Industrial Camps
On March 30, the BC Centre for Disease Control issued new
interim guidelines intended to highlight key
communicable disease preparedness and response measures that can
be taken by industrial camps in relation to COVID-19. It is
independent of and does not negate WorkSafe BC or Industrial
Camps Regulation requirements. This guidance is also
based upon current knowledge and it should be understood that
guidance is subject to change as new data become available and
new developments arise with this new virus; furthermore, unique
situations may require some discretion in adjusting these
guidelines which are meant to be supportive, not prescriptive.
WorkSafe BC Provides Guidance to
Employers During the Pandemic
WorkSafe BC has published guidelines for employers on preventing
exposure to Covid-19 in the workplace. The guidelines emphasize
that the Orders from the Provincial
Health Officer and the BC
Centre of Disease Control are the minimum standards
that must be met by all employers to comply with their duty to
provide a safe work environment. The guidelines urge employers
to consider two key questions:
- How are you telling workers about exposure to Covid-19 in
the workplace?
- Do you have a system in place where workers can tell you
about concerns related to being exposed to Covid-19 in the
workplace? This involves determining whether there are any
specific tasks that concern them because of risk of being
exposed to Covid-19.
The Guidelines deal with three specific areas:
- identifying exposure hazards and developing measures to
counter exposure;
- controlling the number of people on site; and
- prohibiting workers who are sick and those returning from
outside Canada from attending work.
Read the full article by
Rose Keith with Harper Grey LLP.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information
|
Gas Safety Regulation (103/2004) |
Apr. 1/20 |
by Reg
208/2019 |
Workers Compensation Act |
Mar. 2/20 |
by Reg 46/2020 |
PROPERTY
& REAL ESTATE |
Property and Real Estate News:
Gimme a Break: Breaking News on Provincial and Federal Covid-19 for Residential Landlords and Tenants
On March 25, 2020, both the BC Provincial Government and the Federal Government announced significant changes for residential tenants and landlords in an effort to cure some of the impacts of the COVID-19 pandemic.
UPDATE: On March 30, 2020, the BC Provincial Government codified its announcement by way of a Ministerial Order, M089, made pursuant to the Emergency Program Act (the "Order"). Importantly, the terms of the Order are effective as of March 30th. Please see our updates below for more. The full Order can be reviewed here.
I. Provincial Announcement
To assist landlords and tenants, the Province has immediately implemented the following measures:
a. Rental Supplement of up to $500
For tenants who qualify, they could be eligible for a new temporary rent supplement of an amount up to $500 per month administered through BC Housing. In order to qualify, tenants must apply and provide proof of lost income through Employment Insurance documents.
Read the full article by Anil Aggarwal with Alexander Holburn Beaudin + Lang LLP.
Builders Liens during the COVID-19
Emergency –
Protect your Lien Rights
By order dated March 26, 2020, the Minister of Public Safety and Solicitor General made an order that:
Every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim or appeal must be commenced in Provincial Court, Supreme Court or Court of Appeal is suspended.
In basic terms, limitation periods, which are provided for in the
Limitation Act, SBC 2012, c 13, are the deadlines that we all are subject to when it comes to commencing court proceedings.
Mandatory time periods are those time frames found in other enactments, such as those in the Supreme Court Civil Rules, BC Reg 168/2009, or the
Builders Lien Act, SBC 1997, c 45. The suspension of limitation periods and mandatory time frames means that certain deadlines have been suspended for the duration of this order. This certainly does not mean that you should not
seek legal advice or take steps to protect your legal rights in the meantime. In fact, the Province of British Columbia has deemed legal services to be essential during the COVID-19 crisis and most, if not all, lawyers continue to practice.
Read the full article by Daniel Thompson of Alexander Holburn LLP.
BC Government to Reduce School Tax Rates for Commercial Properties
The Province has announced that as part of its package of relief for businesses it will reduce school tax rates for commercial properties (Classes 4 – Major Industry, 5 – Light Industry and 6 – Business & Other) by 50% for the 2020 tax year.
The Property Assessment Appeal Board has announced that in conjunction with the Provincial extension of limitation periods, the Board is extending the deadline to file appeals from the decisions of Property Assessment Review Panels from April 30 to June 1, 2020. Read the full article by James D. Fraser with Lawson Lundell LLP.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
Court Order Enforcement Act |
Mar. 27/20 |
by 2019 Bill 33, c. 38, section 98 only (in force by Reg 45/2020), Securities Amendment Act, 2019 |
Home Owner Grant Regulation (100/2002) |
RETROACTIVE
to
Mar. 30/20 |
by Reg 70/2020 |
Mortgage Brokers Act |
Mar. 27/20 |
by 2019 Bill 33, c. 38, section 100 only (in force by Reg 45/2020), Securities Amendment Act, 2019 |
Mortgage Brokers Act Regulations (100/73) |
Apr. 1/20 |
by Reg 260/2019 |
WILLS & ESTATES |
Wills and Estates News:
Limitation Periods Suspended During COVID-19
We wrote earlier regarding the Notice issued by the Supreme
Court of British Columbia to the Profession to adjourn all civil
and family matters scheduled for hearing between March 19, 2020
and May 1, 2020 and to suspend all filing deadlines under the
Rules of Court of British Columbia. At the time of the previous
article, other statutory filing deadlines
and limitation periods continued to apply in British Columbia.
Today [March 27], the Minister of Public Safety and Solicitor
General released an order (the "Order") under the Emergency Program Act suspending
every mandatory limitation period and any other mandatory time
period that is established in an enactment or law of British
Columbia within which a civil or family action, proceeding,
claim or appeal must be commenced in the Provincial Court,
Supreme Court or Court of Appeal. Read the full
article by Lauren Liang with Clark Wilson LLP.
Williamson v. Williamson
In British Columbia, a separated spouse may make a claim to his
spouse's interest in a trust. In some cases, the claim will be
successful, but in others, property held in trust may be
insulated from family law claims. The law is quite nuanced. This
is illustrated by the case of Williamson v.Williamson,
2020 BCSC 108. Diane
Williamson was a trustee and a beneficiary of a family trust.
The property held in trust consisted of an interest in a farm
business that had been in her family for generations. The other
beneficiaries were her spouse, Robert Williamson and their
children. The trust was a discretionary trust in which the
trustee had the power to decide if and when to make
distributions to any one or more of the beneficiaries. No
beneficiary had any entitlement to the property held in trust
unless and until the trustee decided to make a distribution to
that beneficiary. On the breakdown of the marriage, Mr.
Williamson pursued a family law claim against Ms. Williamson,
including a claim to a division of her interest in the trust
property. Read the full article
by Stan Rule with Sabey Rule. LLP.
|
Act or Regulation
Affected |
Effective
Date |
Amendment Information |
There
were no amendments this month. |
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content of this document is intended for client use only.
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