Company and Finance News:

COVID-19 Tax Update: BC Announces Provincial Sales Tax (PST)
Rebate for Corporations on Select Machinery and Equipment
BC has announced a PST rebate for most incorporated businesses on select machinery and equipment purchased or leased between September 17, 2020 and September 30, 2021. This is a temporary program intended to help incorporated businesses recover from the financial impacts of COVID-19. Most incorporated entities will qualify for the rebate. The rebate will not be available to select entities, including Crown and government corporations, charities and non-profit corporations, schools, hospitals, regional health boards, and agents of the foregoing. Although the government publication is silent in respect of partnerships, we expect the rebate program to apply to partnerships with incorporated partners given that the PST rules generally do not treat a partnership as a separate person but rather look through to the partners (or possibly the general partner alone in the case of a limited partnership). Read the full article by Zheting Su with Thorsteinssons LLP.

BC Brings "Benefit Company" Corporate Status to Canada
As corporate governance issues related to sustainability come under greater scrutiny, British Columbia has introduced a new form of corporate structure into Canada – the "benefit company." Valerie Mann, a partner at Lawson Lundell in Vancouver, says the move follows in the footsteps of 36 U.S. states using this type of corporate vehicle to help manoeuvre in a world of "evolving stakeholder capitalism." Benefit companies is a new corporate status meant for-profit entities. However, they must promote one or more "public benefits" and, perhaps more importantly, conduct business in a way that is "responsible and sustainable." Benefit companies can be either private or publicly traded. Read the full article by Zena Olijnyk in Canadian Lawyer Magazine.

Transparency Register
Effective October 1, 2020, amendments to the Business Corporations Act will require private businesses in B.C. to keep and maintain transparency records of beneficial owners, including individuals who have direct or indirect control of the company or its shares. Information collected includes full legal name, date of birth, citizenship and last known address. Companies need to contact their shareholders to compile the required information. Companies can request that their shareholders provide information for the transparency register at any time. Shareholders have a duty to take reasonable steps to gather the requested information and to send it to the private company promptly. Read more on the BC government website.

Regulatory Easing Measures Update – Credit Unions
In response to the continuing COVID-19 pandemic and resulting disruptions, BC Financial Services Authority ("BCFSA") is updating the regulatory easing measures that were previously announced to support the credit union sector, credit union members and local communities.
The updates, including adjustments to the capital treatment of loan deferrals, are set out as follows:

Appendix 1 – COVID-19 Easing Measures Update
Appendix 2 – COVID-19 Regulatory Filing Deadline Extensions Update

Read the full advisory from the BCFSA website.

Enhanced Disclosure Obligations Proposed for Issuers Involved in
Real Estate Activities or Acting as Collective Investment Vehicles
Proposed amendments to National Instrument 45-106 Prospectus Exemptions (NI 54-106) are intended to provide investors with industry-specific disclosure where certain issuers use the offering memorandum exemption.

• On September 17, 2020, the Canadian Securities Administrators (CSA) published for comment proposed amendments to National Instrument 45-106 Prospectus Exemptions.
• The proposed amendments would introduce new disclosure obligations applicable to issuers engaged in real estate activities or acting as collective investment vehicles that are using the offering memorandum exemption found in section 2.9 of NI 45-106 (OM Exemption).
• The proposed amendments are intended to ensure investors are provided with better and more industry tailored information in respect of an issuer's activities.
• Comments on the proposal are being accepted until December 16, 2020.

Read the full article by Laura Levine with Stikeman Elliott LLP.

BC Securities – Policies & Instruments
The following policies and instruments were recently published on the BCSC website:

• 94-101 – CSA Notice and Request for Comment - Proposed Amendments to National Instrument 94-101 Mandatory Central Counterparty Clearing of Derivatives
• 81-333 – CSA Staff Notice 81-333 Guidance on Effective Liquidity Risk Management for Investment Funds
• 81-105 – CSA Notice of Amendments to National Instrument 81-105 Mutual Fund Sales Practice and Related Consequential Amendments Prohibition of Mutual Fund Trailing Commissions Where No Suitability Determination Was Required
• 45-106 – CSA Notice and Request for Comment – Proposed amendments to National Instrument 45-106 Prospectus Exemptions, Companion Policy 45-106CP Prospectus Exemption

For more information visit the BC Securities website.

Energy and Mines News:

BC Partnership Powers Mine Operations with
Clean Electricity
People in northern BC will benefit from improved air quality when a remote mine switches to a clean energy source, reducing greenhouse gas emissions and local air pollution, while creating good, clean jobs. "We are working together with industry to encourage investment in clean technology that will reduce pollution, support good jobs and create new opportunities in a global marketplace that is increasingly looking for cleaner products," said George Heyman, Minister of Environment and Climate Change Strategy. "Through our CleanBC climate and economic plan, we're supporting the switch to clean electricity at Mount Milligan Mine for part of its operations to help address climate change and build back our economy from the impacts of COVID-19." The Province is contributing $440,000 to help install an overhead powerline from Mount Milligan Mine, located north of Vanderhoof, to a nearby pumping facility at Phillips Lake. This will replace diesel-powered generators and pumps with grid-connected electric equipment. Read the government news release.

B.C. Supreme Court Hears Petition for Judicial
Review of Coastal GasLink Certificate
Lawyers for the Office of the Wet'suwet'en were in B.C. Supreme Court on Thursday [October 1st] seeking an order quashing the extension of the environmental assessment certificate for a pipeline that was at the centre of countrywide protests in February. The executive director of B.C.'s Environmental Assessment Office granted Coastal GasLink an extension last October, nearly five years after a certificate was first issued for the 670-kilometre natural gas pipeline. A petition filed in February on behalf of the Office of the Wet'suwet'en, a non-profit society governed by several hereditary chiefs, says environmental assessment certificates set a deadline of five years, by which time a project must be "substantially'' underway. If it's not, the certificate holder may apply for a one-time extension. Coastal GasLink submitted its application in April 2019, about six months before its certificate was to expire. Read the CBC article.

Recent BCOGC Bulletins
The BCOGC has recently issued the following bulletin:

• INDB 2020-24 – Commission to Inspect Oil and Gas Camps for COVID-19 Protocols

Visit the BCOGC website to view this and other bulletins.

Family and Children News:

Retroactive Child Support: Clarifications from the
Supreme Court of Canada
The Supreme Court of Canada recently clarified the law on retroactive child support orders under the Family Law Act, SBC 2011, c 25 (the "FLA"). The Court confirmed that judges can order retroactive child support even if that order was applied for after the child has turned 19 and has withdrawn from their parents' charge. The Court's decision affirms the child's right to support and seeks to help remedy the burden women disproportionately face following a relationship's breakdown. The case is Michel v Graydon, 2020 SCC 24. Ms. Michel and Mr. Graydon had a child, A.G., in 1991 and separated in 1994. In 2001, they agreed that Mr. Graydon would pay Ms. Michel $341/month in child support. They based that amount on Mr. Graydon's declared annual income of $39,385. As it turns out, Mr. Graydon's income was more than that in 2001 and exceeded that amount every year between 2001 and 2012 except for 2004. Read the full article by Chantal M. Cattermole and Alison Colpitts with Clark Wilson LLP.

Annulment for Non-Consummation
In S.Z. v X.J. 2020 BCSC 1336 an annulment was granted on the grounds that the marriage had not been consummated, and could not be consummated due to the respondent's impotence. An annulment was brought instead of a divorce by reason of religious grounds. An action for annulment must be based on facts which existed as at the date of the marriage, and not facts that arose only after the date of the marriage, and in the latter the remedy for the claimant is an order for divorce. The petitioner alleged that the marriage contract, which she entered into with the respondent is void as a result of his inability to complete an essential implied term of the contract, namely engaging in sexual intercourse. Read the full article published by Disinherited – Estate Disputes and Contested Wills.

Preparing for a Family Case Conference: a Checklist
In a family case conference, a judge meets with the parties to a family court dispute (and lawyers, if parties have them) to help them talk about resolving the dispute. Although these meetings usually take place in a courthouse conference room, this spring the Provincial Court of BC began conducting case conferences by telephone or audio- or video-conference to help reduce the spread of COVID-19. We're finding that these "virtual" or "remote" conferences can be effective in helping people reach agreements. They also help the Court reserve the right amount of time for a hearing if one is needed. But to get the most out of a case conference you need to be prepared. This eNews offers suggestions on how you can prepare. The legal terms used in this article are explained here. Read the full article by the Provincial Court of BC.

BCLI Launches Project to Review the Law of
Parentage under Part 3 of the Family Law Act
BCLI is beginning a new project, to review the law of parentage as set out in part 3 of the Family Law Act. The project is slated to run until December 2022. Its goal is to produce a final report, with recommendations for legislative reform. BCLI is carrying out the project with the support of the Justice Services Branch, Ministry of Attorney General for British Columbia. Conclusively determining who a child's parents are is an important part of family law. It is the foundation of many aspects of a child's identity, such as family name and relationships, nationality, and cultural heritage. Parentage can also determine important legal rights and obligations, such as a child's inheritance rights. Read the full article by Kevin Zakreski with the British Columbia Law Institute.

New Public Health Order to Help
Slow BC's Overdose Crisis
To help stop overdoses and save lives, Dr. Bonnie Henry, provincial health officer, has issued a public health order to increase the number of health professionals authorized to help people at risk for overdose access safer alternatives to the toxic street drug supply, as BC works to update prescribing guidance. "We know the pandemic has only made the street drug supply in BC more toxic than ever, putting people who use drugs at extremely high risk for overdose," Henry said. "Giving physicians and nurse practitioners the ability to prescribe safer pharmaceutical alternatives has been critical to saving lives and linking more people to treatment and other health and social services. I am issuing a provincial health officer order to expand the health professionals who are able to provide safer, accessible alternatives to the toxic street drug supply and help more people find their pathway to hope." The order, issued under the Health Professions Act, authorizes registered nurses and registered psychiatric nurses to prescribe pharmaceutical alternatives to street drugs to help separate more people from the poisoned street drug supply to save lives and provide opportunities for ongoing care, treatment and support. New nursing standards will be introduced, along with training and education, and access to expert consultation and pathways to connect people to broader addictions and primary care. Read the full government news release.

British Columbia Supreme Court Rules against
Expansion of Private Health Care
This decade-long legal challenge over the right to expand the provision of private health care was decided in favour of the existing public health care system in a ruling released last week. The case raised issues about the constitutionality of restricting the ability of British Columbia residents to pay privately for medically necessary health care services as an alternative to, and in the face of, long wait times in the public health care system. Cambie Surgeries Corporation v. British Columbia was first filed in 2009. The case made its way to trial in the British Columbia Supreme Court beginning in 2016. On Thursday, September 10, 2020 the presiding judge, the Honourable Justice John Steeves, released his 880-page long decision, which ruled against the Plaintiffs' arguments. Read the full article by David C. Rosenbaum and Briana Maguire with Fasken Martineau DuMoulin LLP.

Federal Court Finds Reasonable Health Canada's Decision that Enantiomer of
Previously Approved Drug Not Entitled to Data Protection
On September 18, 2020, the Federal Court dismissed Janssen's application for judicial review of a decision of the Minister of Health (Minister) denying Janssen data protection for its drug SPRAVATO: Janssen Inc. v Canada (Attorney General), 2020 FC 904. SPRAVATO, which is indicated for treating major depressive disorder, contains as its medicinal ingredient esketamine hydrochloride, an enantiomer of ketamine hydrochloride which had been approved and marketed as KETALAR. Janssen sought data protection for SPRAVATO under the Food and Drug Regulations (Regulations), which provides data protection to an "innovative drug", defined as:

innovative drug means a drug that contains a medicinal ingredient not previously approved in a drug by the Minister and that is not a variation of a previously approved medicinal ingredient such as a salt, ester, enantiomer, solvate or polymorph.

Read full article by Eleanor Wilson with Smart & Biggar LLP.

Assisted Dying Bill to be Reintroduced Today as Court Deadline Looms
Facing a looming court-imposed deadline, the federal government will reintroduce legislation Monday [October 5th] to amend Canada's law on medical assistance in dying. The government has until Dec. 18 to amend the law to comply with a Quebec court ruling last fall, which found it was unconstitutional to allow only those whose natural death is "reasonably foreseeable" to be able to get medical help to end their suffering. Justice Minister David Lametti introduced a bill in response to that ruling last February but it didn't get beyond the initial stage of the legislative process before the House of Commons adjourned in mid-March due to the COVID-19 pandemic. That bill died when Prime Minister Justin Trudeau prorogued Parliament last month. Read CBC article.

Local Government News:

Province Releases EPA Follow-up Report
The provincial government has released a summary report of feedback provided in response to its discussion paper, Modernizing BC's Emergency Management Legislation. Emergency Management BC's ‘What We Heard' report also advises that the Province plans to table new emergency management legislation next year. The report summarizes many of the key themes outlined in UBCM's response to the discussion paper, including the need for local authorities to receive additional resources and provincial support to address new responsibilities proposed by the Province. Last week, these concerns were endorsed by the UBCM membership as part of SR1 – New Emergency Management Legislation. Read the UBCM article.

Agricultural Land Reserve Changes
On September 30, 2019 Bill 15 brought changes to the Agricultural Land Commission Act, requiring applicants to provide notification to the Agricultural Land Commission (ALC) when registering statutory rights of way on agricultural land reserve lands. In addition, private landowners are no longer able to apply to the ALC to have land excluded from the agricultural land reserve. Exclusion applications may only be submitted by the Province, local or first nation governments or a prescribed public body. The remaining provisions of the Agricultural Land Reserve General Regulation are also now in force, which set out permitted subdivisions of agricultural land as well as procedures for proposals and applications.

BC Municipalities Continue to be Left
Out of Cannabis Revenue-sharing
Municipal governments are once again appealing to the BC government for a share of the cannabis excise tax revenue to help deal with the extra costs and responsibilities they've taken on since marijuana legalization. It's the fifth year in a row that delegates at the Union of B.C. Municipalities (UBCM) convention have voted on a resolution about receiving some of the federal tax that is applied to medical and non-medical cannabis. The federal government passes on 75 per cent of the excise tax revenue to the provinces and territories, and although three provinces have deals to share that cash with their local governments, BC does not. Read the Vancouver Sun article.

Existential Questions in Planning Law
It's no secret that section 479 of the Local Government Act authorizes local governments to regulate, by bylaw, "the use of land, buildings and other structures" and "the density of the use of land, buildings and other structures". These are significant powers, and lie at the heart of most local land use regulation schemes, also known as zoning bylaws. But what is "use", what is "density", and what, for that matter, is a "zoning bylaw"? This article tries to answer the last of these three vexing questions, and explain briefly why answers to the first two remain elusive. Read the full article by Guy Patterson with Young Anderson Barristers and Solicitors, published in their September Newsletter (UBCM Conference Issue).

BC Big City Mayors Call on Provincial Parties to Address Mental
Health and Substance Use in Their Election Platforms
Mayors from 13 of B.C.'s biggest cities are calling on all provincial parties to commit to addressing mental health and substance use in their platforms. In a call-to-action document released today, the newly formed BC Urban Mayors' Caucus also advocated for greater provincial investment in affordable housing and public transit, as well as a new funding framework for municipalities. "The COVID-19 pandemic has created unique challenges for B.C.'s urban communities and exacerbated existing challenges related to mental health and substance use, homelessness and lack of affordable housing," says Lisa Helps, Mayor of Victoria and Co-Chair of the BC Urban Mayors' Caucus. "We are asking all parties to commit to working more closely with leaders from B.C.'s urban communities to address the issues we face today, while we plan for restored prosperity and growth as we emerge from the pandemic as a more resilient, and equitable society." Read the full article on the City of Kelowna website.

Federal Rapid Housing Initiative
The Federal Government last week announced a $1 billion Rapid Housing Initiative. The initiative will be administered by the CMHC and will receive applications to cover the costs of construction of modular housing, conversion of existing buildings to affordable housing, and land acquisition to support vulnerable populations such as women fleeing violence or those at immediate risk of homelessness. In addition to the new initiative, the Federal Government also announced $236.7 million in funding for Reaching Home: Canada's Homelessness Strategy, to help extend the emergency response to COVID-19. Read the UBCM article.

Involving Cities in Immigration
– from CBA
Municipal governments should be considered a partner, not a stakeholder, in the selection and retention of newcomers. The municipal level of government is the level with the closest connection to the people it serves. That close connection is one reason why it makes sense for municipalities to have a greater stake in the immigration process, able to do their own outreach and with proper funding for programs to serve this constituency. Immigration, Refugees and Citizenship Canada has created a draft design for a Municipal Nomination Program and requested feedback on it. "Municipal governments have no constitutional responsibility for immigrant selection, settlements or integration, yet newcomers live in local communities and interact with municipal services every day," the CBA's Immigration Law Section said in its submission to the Department. "Municipal governments have direct knowledge of support services and employment opportunities that could inform immigration strategies. Municipal governments should be considered a partner, not a stakeholder, and should be given a larger role in the selection and retention of newcomers to their area." Read the full article by Kim Covert, published in the CBA National.

Case Summary: The Issuance of a Building Permit was Unreasonable because the
Drawings Were Not Made in Compliance with the Architects Act
The issuance of a building permit was unreasonable because the drawings were not made in compliance with the Architects Act.
Architectural Institute of British Columbia v. Langford (City), [2020] B.C.J. No. 886, 2020 BCSC 801, British Columbia Supreme Court, May 29, 2020, S.F. Kelleher J. The Chief Building Inspector for the City of Langford issued a building permit for the construction of a mixed commercial/residential strata complex. The project drawings were prepared by a designer and did not involve an architect. Under section 59 of the Architects Act, the practice of architecture includes the "planning or supervision of the erection or alteration of buildings" except those built for self-occupancy. Section 60 qualifies section 59, stating that the Architects Act does not prevent "a person from advising on, planning, designing or supervising the erection, alteration or repair of a building other than (vii) any other building in excess of 470 m² gross area, being the aggregate area of all floors…" Therefore, the strata complex in Langford required the involvement of an architect pursuant to the Architects Act. AIBC and the City of Langford disagreed on the application of the Architects Act as it related to the City's Building Bylaws. Read the full article by Jackson C. Doyle with Harper Grey LLP.

Single User Plastic Item Bylaws
The Province of British Columbia has announced that the Minister of Environment will now likely approve municipal bylaws banning single use plastic items. This addresses the concern arising from the quashing of Victoria's bylaw by the BC Court of Appeal on the basis that the bylaw was environmental in nature and therefore required ministerial approval. The Minister has approved the Saanich single use plastic item ban bylaw, and has indicated that bylaws of Tofino, Richmond, Ucluelet and others will soon have approval. Read the full article by Don Lidstone, Q.C., with Lidstone & Company Barristers and Solicitors.

Miscellaneous News:

BC Court of Appeal Confirms There Is No "Federal Common Law" Privacy Tort, but
Suggests the Existence of a Provincial Privacy Tort Is an "Interesting Question"
Over the last two decades, British Columbia's courts have consistently held that there is no common law tort for breach of privacy (or intrusion upon seclusion) in British Columbia because of the similar statutory cause of action under the Privacy Act, R.S.B.C. 1996, c. 373. In Tucci v. Peoples Trust Company, 2020 BCCA 246, the Court of Appeal confirmed that there is no separate "federal common law" privacy tort, including intrusion on seclusion. While noting the decades of cases rejecting the existence of a provincial common law tort for breach of privacy, the Court noted (in obiter) it was an "interesting question" for a future case. Tucci is a class action arising from a data breach. The representative plaintiffs alleged various causes of action including breach of contract, negligence, breach of privacy, and intrusion upon seclusion. The statutory cause of action in the Privacy Act did not apply. Read the full article by Patrick Williams with McCarthy Tetrault LLP.

CVSE Bulletins & Notices
The following bulletins and notices were posted recently by CVSE:

• Notice NSC 01-20 – Carrier Safety Guide - Updated Version Published
• School Bus Barrier Guidance Document – Questions and answers regarding the use of barriers in school buses.

For more information on these and other items, visit the CVSE website.

• Guidance – COVID-19 Public Health Guidance for K-12 School Settings (Updated September 11)
• Order – Registered Nurse and Registered Psychiatric Nurse Public Health Pharmacotherapy – September 16, 2020 (PDF, 227KB)
• Order – Food and Liquor Serving Premises – September 18, 2020 (PDF, 304KB)
• Order – Gatherings and Events – September 18, 2020 (PDF, 231KB)

BC Forest Safety Council and FPInnovations Work Together to
Improve Forest Industry Safety Performance
The CEO of the BC Forest Safety Council (BCFSC), Rob Moonen, and the President and CEO of FPInnovations, Stéphane Renou, are pleased to announce that the two organizations have signed a Memorandum of Understanding (MOU) to work collaboratively on enhancing safety performance in the forest industry by sharing leading, innovative scientific and technical applications. Under the MOU, individual projects and financial support agreements for specific activities will be identified through consultation between the two parties, with FPInnovations providing research expertise and non-proprietary technical resources or materials to assist the BCFSC in improving or expanding the support it provides to the forest industry to reduce serious injuries and fatalities. Read the full article on the BC Forest Safety website.

WorksafeBC OHS Guidelines Revised
– from WorkSafeBC:
Guidelines revised related to authority under the OHS Regulation, approved respirators, and isolation and lockout (September 18).

B.C.'s Land Owner Transparency Act Comes into
Force November 30th - Are You Ready?
On September 20, 2020, the Province of British Columbia confirmed by Order in Council that most of the provisions of the Land Owner Transparency Act, SBC 2019, c 23 ("LOTA"), will come into force on November 30, 2020. [Quickscribe has published an early consolidated version of LOTA as it will read on November 30, 2020] The Province also released the Land Owner Transparency Regulation (the "Regulation"), which will come into effect concurrently with LOTA. The Regulation and Order in Council 549/2020 answer some key questions that have remained unanswered since the government introduced the initial framework for LOTA in 2018 read the full article by Edward L. Wilson, Brendan J. Craig and Sophie Marshall with Lawson Lundell LLP.

BC Government Takes First Steps to Address
Rising Strata Insurance Costs
On September 13, 2020, the Government of British Columbia (Government) announced regulatory changes (Regulations) to address rising strata insurance costs in British Columbia. These changes follow the passage of the Municipal Affairs and Housing Statutes Amendment Act (No.2), 2020 (Bill 14), which amended certain insurance-related provisions of the Strata Property Act (SPA) and the Financial Institutions Act (FIA). Bill 14 and the Regulations follow an interim report by the BC Financial Services Authority (BCFSA), which found that strata insurance premiums and deductibles have risen significantly on a year-over-year basis. The increases have partly resulted from insurers struggling to sustain profitability in the B.C. strata insurance market due to rising claim costs. In addition, insurers have identified the B.C. strata insurance market as "high risk" due to rising property values and excessive exposure to earthquake risk. The BCFSA report also noted that there is a lack of capacity in the strata insurance market to support future demand. Read the full article by Benjamin Effa, Tony Magre and Greg Umbach with Blake, Cassels & Graydon LLP.

Wills and Estates News:

BC Court Upholds Contract Requiring One
Party to Leave Estate to Other Party
What if you enter into an agreement with someone, for example to provide them with services, based on a promise from that person that they will leave something to you in their will, but then you find out that the person has made a new will which makes no provision for you? Is the agreement enforceable, and do you have to wait until after the person's death to take steps to enforce your rights? This issue arose in the recent case of Munro v. James 2020 BCSC 1348. In Munro, the parties were acquaintances in the equestrian community. Ms. James (one of the defendants) owned a large farm property which included ponies. In 2007, the parties entered into an agreement whereby the plaintiffs would move onto Ms. James' farm, build a home there, and look after Ms. James' ponies for the remainder of her life. In exchange, the plaintiffs were to inherit Ms. James' estate when she died. The agreement was put in writing. Read the full article by James Zaitsoff with Owen Bird Law Corporation.