Company and Finance News:

Tax Alert | British Columbia PST Rules for Marketplace
Facilitators Take Effect on July 1
Businesses facilitating the sale or lease of certain goods, services, or software in British Columbia through online platforms are reminded that new Provincial Sales Tax (PST) obligations take effect on July 1, 2022. As announced in British Columbia Budget 2022, marketplace facilitators are required to collect and remit PST on all supplies of taxable goods shipped from within Canada for delivery in British Columbia. The new requirements also apply to most supplies of taxable services, accommodations, and software in British Columbia. In addition, certain services provided by marketplace facilitators to sellers are now subject to PST. Read the full article posted by Ryan, LLC.

New Push for Corporate Transparency - Private Corporations Must 
Soon Report Beneficial Ownership to Federal Government
It is expected that private federal business corporations must soon submit beneficial ownership information directly to the federal government. If enacted in its current form, Bill C-19, also known as the Budget Implementation Act, 2022, No. 1 will implement new disclosure requirements for companies governed by the Canada Business Corporations Act ("CBCA"). The bill has passed the House of Commons and is currently under consideration by the Senate. Read the full article by Cara Chu, Stephanie Lee, Guillaume Saliah and Dierk Ullrich with Fasken Martineau DuMoulin LLP.

BC Securities Commission Denies Driving Privileges to   
Enforce Securities Fraud Sanctions
A three-member panel of the BC Securities Commission dismissed an application by Paul Se Hui Oei to overturn the Executive Director's (ED) decision to deny Oei a driver's licence. The panel found that the necessary statutory conditions were present and that it was in the public interest for the ED to have exercised its power to notify the Insurance Corporation of British Columbia (ICBC) not to renew Oei's licence. The full decision can be found here. Read the full article by SamuelBogetti, Brigeeta Richdale, Jeremy Jellis and Rebecca Sim with Cozen O'Connor LLP.

Supreme Court Releases Collins Family Trust Decision: Equitable  
Remedies Largely Unavailable to Correct Tax Mistakes
In 2016, the Supreme Court rendered its decision in Fairmont, in which it restricted the availability of the equitable remedy of rectification in tax contexts to circumstances where the parties' actual agreement was not properly recorded in the written instrument governing their legal relations. In other words, the mere fact that a given agreement did not achieve its desired tax consequences would not be sufficient to be granted rectification. Collins Family Trust addresses the availability of the distinct equitable remedy of rescission in the context of mistakes that result in unanticipated and undesirable tax consequences. Unlike rectification, which allows parties to rectify mistakes in their written instruments that improperly recorded their actual agreement, rescission allows for the annulment of a transaction, where there was a sufficiently important mistake and it would be unconscionable not to allow the mistaken transaction to be annulled. Read the full article by Adam Hirsh, Marc Roy, and Evan Belfer with Osler, Hoskin & Harcourt LLP.

The New Qualifying Disbursements Rules for Charities 
In April 2022, we reported on important changes for charities arising from the 2022 Federal Budget. More recently, on June 23, 2022, the Budget Implementation Act 2022, No. 1 (BIA 2022) received royal assent. Of particular importance to Canadian registered charities is the BIA 2022's new qualifying disbursement rules. These new rules provide an alternative option for charities to work with non-charities.

The Old Regime
Prior to the amendment of the Income Tax Act (Canada) (ITA) by the BIA 2022, a Canadian registered charity (Charity) was only able to carry on its "own charitable activities" or make gifts to qualified donees (that is, Canadian registered charities and certain other organizations that can issue Canadian tax donation receipts) (QDs). As such, a Charity could not simply give resources to foreign charities or non-profit organizations based in or outside of Canada that were not QDs.

Read the full article by Linda J. Godel and Nathaniel Balakumaran with Torkin Maines LLP.

Employer Health Tax Calculator Updated
The BC employer health tax calculator has been updated to include different scenarios for associated employers. The employer health tax is an annual tax on an employer's B.C. remuneration paid to employees and former employees in a calendar year beginning on January 1, 2019. Employers with BC remuneration greater than $500,000 (exemption amount) in a calendar year must register for the employer health tax. Employers include an individual, a corporation, a partnership, a trust or a government.

GST/HST Input Tax Credit Claims: Does the
Supporting Documentation Need to Be
Issued by the Supplier?
On June 9, 2022, the Tax Court of Canada ("TCC") allowed CFI Funding Trust's ("CFI") appeal in relation with the input tax credits ("ITC") it claimed for prepaid rent paid in connection with the securitization of automobile dealer leases. The dispute had arisen when the Canada Revenue Agency ("CRA") disallowed CFI's ITC claims because it took the view that CFI had failed to meet the minimum documentation requirements under subsection 169(4) of the Excise Tax Act (the "ETA"). In allowing CFI's appeal, Justice Robert J. Hogan found that supporting documentation does not need to be issued or signed by the supplier and that the information could also be obtained through oral or electronic communication. Read the full article by Jean-Guillaume Shooner of Stikeman Elliott.

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

• 31-103 – Amendments to NI 33-109 Registration Information, NI 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations and their companion policies – The CSA adopted amendments to registration information requirements to establish a more efficient registration and oversight process for firms, individuals and regulators. The changes also provide firms and individuals with greater clarity on the information required as part of the registration process, while improving the quality of information received by regulators. The amendments are effective June 6, 2022.
• 96-101 – Proposed Amendments to Multilateral Instrument 96-101 Trade Repositories and Derivatives Data Reporting and related documents
• 21-331 – This notice informs the public that the TMX Information Processor will continue to act as an information processor for exchange-traded securities under National Instrument 21-101 Marketplace Operation until June 30, 2026.
• 11-345 – CSA Consultation Paper 43-401 Consultation on National Instrument 43-101 Standards of Disclosure for Mineral Projects

For more information visit the BC Securities website.

Energy and Mines News:

We recently wrote about the development of the 2030 Emissions Plan and a federal carbon offset system on February 28, 2022. This Alert serves to update you on more recent developments.

On March 29, 2022, the Government of Canada (GOC) released the 2030 Emissions Reduction Plan. The 2030 Plan is the first version of a series of plans that the GOC will pass as directed by the 2021 Canadian Net-Zero Emissions Accountability Act. In accordance with the requirements of the Act, the federal government is required to provide updated emissions reductions plans in the milestone years of 2030, 2035, 2040, and 2045, the ultimate goal being to cut Canadian emissions to 40 percent below 2005 levels by 2050. Read the full article by Jonathan Fraser, Jennifer Cleall, Q.C., Michael Styczen, P.Eng. and Deanna R. Reitman with DLA Piper.

British Columbia and Tahltan Nation Enter into Landmark
Consent-Based Decision-Making Agreement
On June 6, 2022, the Tahltan Nation and the Province of British Columbia (the Province) entered into the first consent-based decision-making agreement (the Agreement) [PDF] negotiated under B.C.'s Declaration on the Rights of Indigenous Peoples Act (the Declaration Act). The landmark Agreement provides an important precedent for government, industry and First Nations as federal and provincial governments adopt and implement legislation incorporating consent-based decision-making in the project assessment and approval process. Read the full article by Maureen Killoran, QC, Martin Ignasiak, Sander Duncanson, Sean Sutherland and Ashley Light with Osler, Hoskin & Harcourt LLP.

B.C. Mines Ministry Has Improved 'With
Minor Exceptions,' Says Auditor General
British Columbia's auditor general has found that while the government has made progress on environmental oversight of major mining operations, there are concerns about the cost of cleaning them up when they close.

Michael Pickup told a news conference Tuesday that his office found the Mines Ministry has improved its "oversight activities, with minor exceptions."

His report highlights concerns about the costs of closing down large mines, noting the government holds $2.3 billion in securities to reclaim the operations, but the estimate for cleanup is $3.45 billion. Read the CTV News article.

Partial Settlement with West Moberly First
Nation Over $16-billion Site-C Project
In an announcement released Monday [June 27], the province said the deal that includes an undisclosed one-time payment from B.C. Hydro and ongoing payments for 70 years, and 2,000 hectares of land, was a "partial" settlement to West Moberly First Nations' civil claim against the other parties.

West Moberly First Nations chief Roland Wilson said he was not in the mood to celebrate, as the settlement ended their fight to halt the controversial mega-project. Read the Vancouver Sun article.

The Future of Mining: How Will the Mining
Industry Adapt to a Changing World?
In the years ahead, the mining industry will experience unprecedented change on all fronts – particularly as companies embrace new environmental, social, and governance targets. With net zero on the horizon, the mining sector will be leading the exploration and production of critical minerals to meet the demands of new technologies, evolving regulations, and the shifting global economy. Explore the Mining in Focus video series from Gowling WLG.

Fortis B.C., Suncor to Partner on Port
Moody Hydrogen Pilot Project
Fortis B.C. Energy Inc. says it will partner with Suncor Energy Inc. and Hazer Group Ltd. to build a hydrogen pilot project in Port Moody.

The $11-million pilot project will also be supported with grant funding from the provincial government's Clean B.C. Industry Fund.

The project will be located at Suncor's Burrard Terminal site and will produce hydrogen from natural gas. The carbon byproduct produced will be stored as solid synthetic graphite that can be sold for manufacturing or industrial use. Read the Vancouver Sun article.

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

• INDB 2022-08 – Removal of Access to Crown land for Offsite Investigation Application Form
• INDB 2022-09 – Data Issue with Leak Detection and Repair (LDAR) Site Selection
• INDB 2022-10 – Dormancy and Shutdown Regulation Notification and Follow-up Obligations
• INDB 2022-11 – Core Facility Opens for In-Person Bookings in July

Family and Children News:

The appellant filed an application to cancel a continuing custody order governing his daughter under s. 54 of BC's Child, Family and Community Service Act. In February 2020, the BC Provincial Court dismissed the application. The appellant appealed, seeking to set aside the Provincial Court's order pursuant to s. 81(7)(b) of the Act. Read the full article by Bernise Carolino in the Canadian Lawyer.

Parentage Committee Finishes Discussion of Multiparent
Provisions for Children Conceived by Sexual
Intercourse and Starts Discussion of Donors
In June, BCLI's Parentage Law Reform Project Committee finalized its discussion of whether multiparent configurations should be extended to conception by sexual intercourse. This topic has been the subject of discussion for several consecutive meetings starting in March 2022, and continuing at the April 2022 and May 2022 meetings. Who should be made a parent by a multiparent agreement? Read the full article by Alison Wilkinson with BCLI.

Access to Justice BC Launches Initiative
to Redesign Family Justice System
Access to Justice BC (A2JBC) has launched an initiative to redesign the family justice system by addressing the impacts of traumatic experiences of children whose families are going through parental separation and divorce.

Forest and Environment News:

The proposed amendments are organized around four key themes: First Nations, Aquatic Habitat, Biodiversity and Wildlife. Specifically, amendments will include an increase in oversight by First Nations of forest planning and harvest activity including stronger protection and stewardship of Indigenous cultural heritage and use of forest resources. Requirements were strengthened for protection of important fisheries watersheds, maintenance of watershed health, and stewardship of fish-bearing rivers and streams and other important aquatic habitats and riparian forests. Improvements in the way Landscape Reserve Designs are being created to enable First Nations to take a stronger role in their development and expedite the protection of important forest values including rare and at-risk old growth. As well, increased requirements for the protection and stewardship of habitat for regionally important wildlife, particularly in relation to grizzly bears, Kermode (Spirit) bears and black bears. Read the full notice in the Gazette Part I, Volume CLXII, No. 23.

Environmental Compliance Audits:
Five Tips to Protect Your Company
With growing attention on Environmental, Social and Governance initiatives and escalating penalties for non-compliance with environmental laws, it is all the more important for companies to ensure compliance with environmental regulatory requirements. One way your company can satisfy stakeholders while appropriately managing risks of potential enforcement is to conduct a regular Environmental Compliance Audit ("ECA".) In this article we discuss the key features of ECAs and their rising importance in managing your company's environmental compliance and risk. Read the full article by Mark Youden, Harry Dahme, Wally Braul, Maya Stano and Quinn Rochon with Gowling WLG.

Government Enforcement of Old Tree
Harvesting on a Quadra Island Woodlot
In the spring of 2020, a Quadra Island resident (the complainant) noticed that old trees had been harvested in woodlot licence W2031. The complainant believed that the woodlot licensee was not permitted to harvest old trees, therefore filed a complaint with the Compliance and Enforcement Branch (CEB) of the Ministry of Forests in the spring of 2021.

CEB looked into the matter and found that the licensee had harvested the old trees legally. Visit the Forest Practices Board website to read this article and obtain access to the full report.

Interior Appraisal Manual Amendments
Quickscribe is in the process of consolidating the latest changes to July 1st 2022 version of the Timber Pricing Branch publication – Interior Appraisal Manual. We anticipate having these changes published and available for you to view by this Friday, July 8th, so feel free to check back then to view the latest version.

Environmental Appeal Board Decisions
The following Environmental Appeal Board decisions were made recently:

Environmental Management Act

• Norman Tapp v. Director, Environmental Management Act [Final Decision – Appeal Dismissed]
• West Coast Reduction Ltd. v. District Director, Metro Vancouver Regional District [Consent Order – Permit Amended]
• Peace River Coal Inc. v. Director, Environmental Management Act [Preliminary Decision on Method of Hearing – To Proceed By Way of Written Submissions]
• Gibraltar Mines Ltd. v. Director, Environmental Management Act [Preliminary Decision: Request for Order – Granted]
• Beacon Pacific Properties Ltd. v. Director, Environmental Management Act [Application For Dismiss – Granted; Appeal Dismissed]

Integrated Pest Management Act

• Dr. Evan Frangou, Diana Smardon, Jane Elizabeth Rollins, Joanna Wilkinson, Karen Forbes, Louise Sawyer, Kelly Lahti, and Katy Young v. Administrator, Integrated Pest Management Act [Preliminary Decision – Appeals Summarily Dismissed]

Mines Act

• Sunrise Resources Ltd. v. Chief Inspector of Mines [Preliminary Decision on Limitation Period – Invalid In Part]

Water Sustainability Act

• Judith Goplen v. Assistant Water Manager [Final Decision – Appeal Dismissed]

Wildlife Act

• Timothy James v. Deputy Regional Manager, Regional Fisheries and Wildlife Programs [Consent Order – Resolved]

Visit the Environmental Appeal Board website for more information.

Forest Appeals Commission Decisions
No Forest Appeals Commission decisions were made recently.

Health News:

Directly Affected Plaintiffs Not Necessary to Challenge BC Law
on Charter Grounds: SCC [Mental Health Legislation]
The Supreme Court of Canada has reaffirmed the test for public interest standing, rejecting the British Columbia Attorney General's argument for a stricter standard. The court ruled Thursday [June 23] that the Council of Canadians with Disabilities (CCD) has public interest standing to challenge a BC law that allows doctors to forcibly administer psychiatric treatment to patients with mental disabilities. "[The decision] emphasizes a very generous and practical approach to the granting of public interest standing," says Michael Feder, who acted for the CCD. Read the full article by Aidan Macnab published in the Canadian Lawyer.

Recreational Psychedelics Remain
Far behind on Legalization Path
It has been nearly four years since recreational cannabis was legalized in Canada, and many people may have thought grey-market dispensaries were a quirky part of Vancouver's past, but history may be repeating itself as dark-market dispensaries have begun sprouting up again, this time selling psychedelic drugs such as mushrooms and peyote. Read the full BIV article. 

Dix Says BC Could Be Distributing Vaccines  
Widely in Fall Due to Third Omicron Wave
BC Health Minister Adrian Dix is considering making COVID-19 shots widely available in the fall, as experts predict a third Omicron wave is on the way. The provincial health-care system is getting ready for a fall wave and looking at a federal advisory body's recommendations that booster doses be made widely available, Dix said speaking at a news conference Monday [July 4]. Meanwhile, the BC COVID-19 Modelling Group, made up of interdisciplinary experts who work independently from the government, warns that a wave of COVID-19 driven by the more infectious and immune-evasive BA.5 sub-variant of Omicron is emerging. Read the CBC article.

Settlement Reached with Purdue Pharma (Canada)
for Opioid Damages
Opioid manufacturer Purdue Pharma (Canada) (Purdue Canada) has agreed to a first of its kind settlement in Canada resulting from BC-led efforts to recover health-care costs related to the sale and marketing of opioid-based pain medicines. The settlement was reached in the context of a proposed class-action lawsuit brought by British Columbia on behalf of all Canadian governments. Read the official government news release.

BC Keeping Vaccine Mandates for Public  
Servants, Health-care Workers
BC is sticking with its COVID-19 vaccine mandate for public servants and health-care workers, even though the federal government has suspended its two-shot requirement for federally regulated workers and travellers. BC Health Minister Adrian Dix said he continues to support both last year's provincial health order requiring all health-care workers in hospitals, long-term care homes and community health centres to be vaccinated, as well as the order in council that made vaccinations a condition of employment for public service employees. Read the BIV article.

Updates to Health Canada's Regulatory Initiatives for 2022-2024,
and Amendments to Food and Drug Regulations
(Exports and Transhipments of Drugs)
Health Canada has updated its Forward Regulatory Plan: 2022-2024, providing information on regulatory initiatives Health Canada aims to propose or finalize over the next two years. Some of the new and updated initiatives pertaining to the Food and Drugs Act are highlighted below: Read the full article by Urszula Wojtya with Smart & Biggar LLP.

Labour and Employment News:

In this case, an individual, Brian Gunsten, who was an employee of Dream Wines Corporation, sold 138 bottles of wine to Moez Kassam. The $85,000 payment was sent directly from Mr. Kassam to Mr. Gunsten's personal bank account. Read the full article by Andrea Raso with Clark Wilson LLP.

Why You Need to Use the Correct
Pronouns for Your Employees
In the recent Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137 case, the BC Human Rights Tribunal ("Tribunal") considered a complaint by an employee who asked to be addressed by "they/them" pronouns.

The employee, Jessie Nelson, was a non-binary person who used they/them pronouns. Jessie worked at a restaurant on the Sunshine Coast in BC for 4 weeks. Jessie Nelson was the first non-binary person to work at the restaurant. Read the full article by Scott Marcinkow with Harper Grey LLP.

Judges Reduces Notice Period for Failing to Look for a Job
in Same Field That Plaintiff Spent 25 Years in and Then
Discounts Go Forward Damages by a Further 15%
In Okano v. Cathay Pacific Airways (2022 BCSC 881) Justice Weatherill had a situation where the following events occurred regarding mitigation.

1. Plaintiff is given working notice of two months so that she can shut down the department she managed. She does not look for a job in this period.
2. For two months after final day of work she also does not look for a job as she says she is depressed.
3. Then she takes career coaching for 3 months because she refuses to look for a job in the airline industry, the only area she has ever worked in.
4. She then applies for 50 non airline jobs, with no success.

The Judge made the following rulings. Read the full article by Barry Fisher, with Barry Fisher Arbitration & Mediation.

Are B.C. Employees Legally Protected
from Negative References?
Many employers and workers alike have been told at one time or another that negative references could be considered defamatory and result in legal action. Generally speaking, Canadian employers are protected from such action to the extent that any such negative reference is made in good faith. This is different than the reality in the United States, where suing for negative references is appropriate for a defamation case. That said, there are some circumstances where negative references could give rise to a dispute. Read the full article from Overholt Law LLP.

B.C. Ruling Provides Certainty on Limitation Periods
in Employment Standards Cases, Lawyer Says
British Columbia's top court has clarified the test for limitation periods in a provincial employment standards determination, with a lawyer saying the decision makes dealing with such determinations consistent with the approach taken to findings by other provincial tribunals.

Local Government News:

The Legislation, it is a Changin': Recent
Legislative Changes of Note
There have been a number of changes to the Community Charter and Local Government Act over the last twelve months. The changes are meant to address matters as diverse as modernizing how public notices can be provided, streamlining development approval procedures, requiring codes of conduct, and introducing new consequences for elected officials charged and convicted of indictable offences. The purpose of this article is not to address all recent changes to local government legislation – only the ones that in my view have the widest impact. Read the full article by Ryan Bortolin, published in the latest Stewart McDannold Stuart bulletin.

WHADDAYAMEAN? - A Ramble Through the
BC Interpretation Act [Bill Buholzer]
Artisans of all sorts have a go-to tool that they find themselves using more often than any other. For chefs, it's likely the so-called chef's knife; for carpenters, perhaps a try square or marking gauge; for barbers, a particular pair of scissors. For many public law lawyers, it's the Interpretation Act. A quick stroll through the BC Interpretation Act viewed through a local government lens will give an idea of how important this tool is to lawyers in our firm. (There's also an Interpretation Act applicable to federal enactments, that we consult less frequently.)

We start with section 2, which says that the Interpretation Act applies to every enactment, unless a contrary intention appears in the enactment; this takes us to the Interpretation Act's definitions of enactment, meaning an Act of the Legislature or a regulation, and regulation, meaning (among other things) a bylaw or other instrument enacted in execution of a power conferred under an Act. Read the full article by Bill Buholzer with Young Anderson Barristers & Solicitors, published in the firms LGMA Conference Newsletter.

New Local Government Code of Conduct 
Requirements - Now in Force
Last fall, we informed you about the newly introduced Bill 26 – Municipal Affairs Statutes Amendment Act (No. 2), 2021, which proposed a number of significant amendments to local government legislation including:

• a new requirement for local governments to consider developing or updating codes of conduct,
• the enabling of local governments to determine specific notice methods for public notice requirements, and
• streamlining the development approvals process.

Victoria Bylaw Makes Builders Pay for
Not Salvaging Demolition Material  
Facing the spectre of a rapidly filling Hartland Landfill, Victoria, BC, councillors have unanimously passed a bylaw designed to divert more construction material from the dump by rewarding those who salvage wood rather than scrapping it. According to a staff report, as much as 37 per cent of Victoria's landfilled material is generated by the construction sector. Under the new bylaw, which will be phased in, applicants will pay a fee of $19,500 for a demolition permit. If they salvage at least 40 kilograms of wood per above-ground square metre of floor area during deconstruction, they will get all the money back. Read the BIV article.

BC Releases Climate Preparedness and Adaptation Strategy
The Province has released B.C.'s Climate Preparedness and Adaptation Strategy. The strategy looks to strengthen the collective capacity to anticipate, prepare for, and respond to the impacts of climate change. This includes sudden events like wildfires, floods and heatwaves as well as changes that happen more slowly like rising sea levels, receding glaciers and shifting ecosystems. The strategy outlines a range of government actions designed to help people and communities prepare including: Read the full UBCM article.

Reasons for Reconsideration Refusals: BC Supreme Court
Reviews the Sufficiency of Reasons in the Context of a
Reconsideration of a Business Licence Refusal
The BC Supreme Court recently added to the volume of caselaw regarding the procedural fairness requirements that are applied in reviewing decisions of municipal governments. In BC/Yukon Association of Drug War Survivors v. Surrey (City) 2022 BCSC 855, Justice Skolrood reinforced the common law understanding that decisions of municipal councils are not subject to the same requirement to provide reasons as many other decision-making bodies. The Court also confirmed that the quality of the materials (including staff reports) which a municipal council considers in coming to their decision, as well as careful recording of minutes, can serve to protect decisions of council from judicial review. Public policy arguments remain of little value in the context of reviews of procedural fairness. Read the full article by Paige Gibson of Stewart McDannold Stuart.

Courts Confirm Local Government Powers to Protect Tenants
In two recent decisions, released only one month apart, the BC Court of Appeal and BC Supreme Court gave local governments two big wins in relation to their ability to protect tenants. In VIT Estates v. New Westminster, 2021 BCSC 573 the BC Supreme Court confirmed that the residential rental tenure zoning power at section 481.1 of the Local Government Act ("RRT Zoning") could be used to preserve existing rental units. Read the full article by Nick Falzon with Young Anderson Barristers & Solicitors, published in the firms LGMA Conference Newsletter.

Law Firm Asks BC Municipalities to Back Class  
Action Lawsuit against Oil Companies
Environmental advocates are calling on British Columbians and local governments to back a plan to take oil companies to court for their role in climate change. West Coast Environmental Law launched a campaign called "Sue Big Oil" on Wednesday [June 15], asking people to sign a declaration encouraging municipalities to offer up $1 per resident to go toward a class action lawsuit against fossil fuel companies. In BC, the costs of climate change have been dire. Just last year, the wildfire that destroyed the Village of Lytton cost insurance companies an estimated $102 million, and major flooding in the province a few months later caused hundreds of millions of dollars in damage. Read the CBC news article.

Miscellaneous News:

Professional Regulation in BC:
Amendments to the Professional Governance Act
The Professional Governance Act ("PGA") came into force on February 5, 2021, codifying professional governance requirements and establishing the Office of the Superintendent of Professional Governance ("OSPG"). The PGA was amended by the Professional Governance Amendment Act (the "Amendment"), which came into force on June 2, 2022. Although the Amendment received royal assent, some sections will only come in to force by regulation. Some of the key updates and additions in the Amendment include:

• Changes to the disciplinary process for certain administrative matters;
• An annual fee;
• The incorporation of traditional Indigenous knowledge; and
• Change to the conflict of interest declaration process.

In addition to these changes, the Architectural Institute of British Columbia ("AIBC") is transitioning to the PGA. Read the full article by Menka Sull with Alexander Holburn Beaudin + Lang LLP.

SC Civil Rules/Family Rules Amendments Effective Oct 3  
Orders in Council Nos. 356 and 357 were approved and ordered on June 27, 2022. The Orders make changes to the Supreme Court Civil Rules and Supreme Court Family Rules which will come into effect on October 3, 2022. The following provides an overview of the changes.

Order 356 amends the provisions of Part 25 of the Supreme Court Civil Rules dealing with estates. The amendments include changing the categories of people who must be served with notice of an intended application for estate grant or resealing, removing the jurisdiction of the court to order that a person must live for longer than five days after the deceased dies to be deemed "surviving" in Form P2 of Appendix A.1, replacing Forms P3 and P5 in Appendix A.1, and amending Forms P4, P6, P7, P9, P10, P11, P14, P15, P21, P22, P23, P25, P26, P29, and P45 of Appendix A.1.

Schedule 1 of Order 357 amends various provisions of the Supreme Court Civil Rules dealing with witness lists, approval of court orders by parties of record, appointments to settle, and expert reports in petition proceedings. Specifically, Schedule 1 of Order 357 repeals and adds a new definition of "witness list", adds Subrules 1.1-1.4 to Rule 13-1 which provide additional guidance on party approval of court orders, and adds Subrules 6.1-6.3 to Rule 16-1 which confirm the application of expert report rules in petition proceedings. Schedule 1 of Order 357 also amends Forms 15, 21, and 118 in Appendix A of the Supreme Court Civil Rules, and adds Form 33.1 to Appendix A.

Schedule 2 of Order 357 amends various provisions of the Supreme Court Family Rules dealing with protection orders, approval of court orders by parties of record, appointments to settle, and expert reports in petition proceedings. Specifically, Schedule 2 of Order 357 adds Subrules 2.1-2.4 to Rule 15-1 which provide additional guidance in circumstances where a protection order is issued pursuant to section 183 of the Family Law Act, adds Subrules 3.1-3.4 to Rule 15-1 which provide additional guidance on party approval of court orders, adds Subrules 6.1-6.2 to Rule 17-1 which confirm the application of expert report rules in petition proceedings. Schedule 2 of Order 357 also adds Form F32.1 to Appendix A of the Supreme Court Family Rules and amends Forms F37, F54, and F95 and repeals and replaces Form F54.1 in Appendix A. Quickscribe would like to thank Kristen Balcom for putting together this summary.

BC Court of Appeal to Adopt New Rules
Simplifying Civil Appeals Process
New rules to take effect on July 18
The British Columbia Ministry of Attorney General has announced that the BC Court of Appeal will adopt new rules to simplify the civil appeals process for lawyers and self-represented litigants. According to the ministry, the new rules consist of changes to the court of appeal rules to clarify existing procedures, create efficiencies, and improve access to justice for litigants in the court of appeal. The ministry added that it based these changes on feedback from public consultations conducted between July and August 2021. Read the full article by Katrina Eñano, published on the Canadian Lawyer.

2022 Bill 9 Civil Resolution Tribunal Act
Amendments Now in Force
As mentioned in the February Reporter, Bill 9, the Attorney General Statutes Amendment Act, 2022, makes amendments to the Civil Resolution Tribunal Act. On July 1, 2022, some of the amendments came into force, removing the current Notice of Objection process for small claims disputes in the civil resolution tribunal that could lead to an entire rehearing of a matter. Parties who disagree with a final decision can now ask the B.C. Supreme Court for judicial review, the same mechanism used for all other areas of the tribunal's jurisdiction. Effective September 1, 2022, the remaining provisions will come into force, granting authority to the tribunal to decide claims involving ICBC's determination on whether a person is responsible for a motor vehicle accident.

BC Report on Money Laundering Calls for Sweeping Change, 
Including More Rules from Legal Regulator
Sweeping changes are needed to tackle "dirty money," says the final report on money laundering in BC, and that includes more stringent law society rules governing matters that could involve money laundering. "Given the potential for privilege to attach to trust account transactions, the Law Society [of British Columbia] should further limit what can enter a trust account in the first place, in order to ensure that trust accounts are used only when truly necessary," former B.C. Supreme Court Justice Austin Cullen said in his report, released Wednesday [June 15] three years after his inquiry began. Read the full article by Zena Olijnyk published by Canadian Lawyer.

Procedure, Policy and Practice: Continued  
Commentary on the BC Builders Lien Act
This year our courts have made many decisions that provide comment and clarity on certain procedural requirements of the Builders Lien Act (the "Act"). Our previous articles can be viewed here. Recently, our courts have released a further decision, Frontier Kemper Constructors, Inc v Rio Tinto Alcan Inc., 2022 BCSC 868, which provides comment and direction on the time limits applicable for filling lien claims, as well as the circumstances in which a court may direct that security to discharge a lien be reduced or apportioned in the context of denying an application to cancel a lien brought by the defendant owner. Throughout the Court's reasoning, emphasis was placed on the policy objectives of the Act, namely, to give commercial certainty to the parties involved in lien claims. Read the full article by Rosalie Clark and Kim Do with Clark Wilson LLP.

BC Supreme Court Grants Injunction Preventing the
Sale of the Nasoga Lands to the Nisga'a Nation
On May 25, 2022 the BC Supreme Court (BCSC) released its judgement in Reece v. Canada (Attorney General) 2022 BCSC 865, a dispute involving the sale of the Nasoga Lands in northwestern British Columbia to the Nisga'a Nation by the Province, to which the "Allied Tribes" (a group comprised of members of the Lax Kw'alaams and the Metlakatla Nations) are opposed. The sale of the Nasoga Lands and their addition to the Nisga'a Treaty is subject to the consent of the Province and Canada.

The BCSC addressed two issues in this decision:

1. Is an injunction available to the Allied Tribes prior to proof of Aboriginal title?
2. Are the Allied Tribes entitled to an injunction?

The court held that injunctive relief is available prior to proof of Aboriginal title, but that whether an injunction will be issued depends on the facts. The court went on to grant an injunction preventing the Province and Canada from moving forward with the proposed sale of the Nasoga Lands and consenting to add them to the Nisga'a Lands for a period of 18 months. Read the full article by Kevin O'Callaghan and Marie Aspiazu (Articling Student) with Fasken Martineau DuMoulin LLP.

Privacy Legislation Overhaul: Canada
Takes a Second Shot at the CPPA
In a second attempt at overhauling Canada's federal privacy legislation, today [June 16] Canada's Minister of Innovation, Science and Industry François-Philippe Champagne introduced a new bill called the Digital Charter Implementation Act, 2022 ("2022 Bill"). It aims to create three new pieces of legislation:

• The Consumer Privacy Protection Act ("CPPA");
• The Personal Information and Data Protection Tribunal Act ("PIDPTA"); and
• The Artificial Intelligence and Data Act ("AIDA").

CPPA and PIDPTA are updated versions of legislation which the Government introduced in November of 2020 (the "2020 Bill") and which ultimately died when Parliament was dissolved for the 2021 Canadian federal election. AIDA is an entirely new piece of legislation. As a consequential amendment, the Personal Information Protection and Electronic Documents Act ("PIPEDA") will become the Electronic Documents Act, losing the privacy provisions but retaining the provisions regarding electronic documents. Read the full article by Jade Buchanan, Kaherine Booth, Daniel G.C. Glover, Karine Joizil and Charles S. Morgan with McCarthy Tetrault LLP.

More Speed and More Haste: Significant Amendments to
Canada's Competition Act Come Into Force
Just two months after the announcement of a series of significant amendments to the Competition Act (the "Act") in the Canadian federal government's 2022 budget, the Budget Implementation Act, 2022 (the "BIA") has now received royal assent. As in prior years, the government has pushed the BIA – an omnibus bill covering various policy objectives – through the legislative process prior to the start of Parliament's summer recess, meaning that several noteworthy changes to Canada's competition law regime are now in effect. Read the full article by Jason Gudofsky, Dominic Therien and Michael Caldecott with McCarthy Tetrault LLP.

Motor Vehicle and Traffic News:

Two More Illegal Ride-Hailing Drivers Caught Near YVR
Two drivers of illegal ride-hailing services were caught by law enforcement officers Thursday afternoon close to the airport and given fines, with one car being towed.

But the app developers – who could receive fines of $100,000 per day – have been trickier to find. These apps appear to be based off-shore, explained Perry Dennis, deputy registrar with the Passenger Transportation Branch (PTB) but the PTB hasn't had success in locating them. Read the BIV article.

Party in BC Personal Injury Case Can Call Witness
for Limited Opinion and Fact-Based Evidence
The British Columbia Court of Appeal has rejected an argument that a party calling a witness who is able to provide both expert opinion evidence and fact evidence should decide which type of evidence that witness should offer, finding that each type of evidence is governed by particular rules.

In Ford v. Lin, 2022 BCCA 179, the respondent's vehicle rear-ended and pushed Connie Merai's vehicle into the appellant's vehicle. The appellant, who sustained soft tissue injuries, sued the respondent, who admitted liability. Read the full article by Bernise Carolino in the Canadian Lawyer.

Port of Vancouver Truckers Threaten
Strike to Oppose Truck-Age Program
A group of truckers operating Port of Vancouver's drayage fleet is threatening job action in a bid to stop a program mandating the retiring of older trucks due to higher pollution levels. Read the BIV article.

Transport Canada Renews Temporary Certificate
for Transportation of COVID-19 Test Samples
Throughout the COVID-19 pandemic, Canada's federal government has periodically waived certain rules normally applicable to the transportation of COVID-19 test samples, which qualify as dangerous goods and are therefore subject to the requirements of the federal Transportation of Dangerous Goods Act, 1992 (the "TDG Act"). That waiver has just been reintroduced as of May 30, 2022, and is set to remain in force for one year.

Section 31(2.1) of the TDG Act authorizes Transport Canada to issue what is known as a "temporary certificate," thereby allowing any activity to be carried on in a manner that would normally violate the provisions of the TDG Act, if it is deemed to be in the "public interest" to do so. Read the full article by James Manson with Miller Thomson LLP.

CVSE Bulletins & Notices
There were no notices or bulletins posted by CVSE this month.

For more information, visit the CVSE website.

Passenger Transportation Board Bulletins
The following updates were recently published by the BC Passenger Transportation Board:

Industry Updates & Advisories

• Final Deadline to Activate Additional Taxis
  The Board is issuing a final activation deadline of December 31, 2022. Licensees will have until this date to activate additional vehicles, or they will no longer be valid.
• Vancouver Cruise Ship Schedule for TNS and Taxi Operators
  As the 2022 cruise season commences in Vancouver, TNS and Taxi Licensees are reminded to review their terms and conditions of licence and the cruise schedule. The Board will continue its efforts to ensure that any changes or amendments are posted in the Weekly Bulletin and on the website.
• TOPs Processing Reminder
  With grad and summer fast approaching, licensees planning to apply for a Temporary Operating Permit (TOP) should do so well in advance and not wait until the day before or the day of the requested TOP start date. Processing cannot be guaranteed in this short a time period. To learn more about TOPs (including Peak Season and Regular), please see Reference Sheet 17.
• 2022 Taxi Limo Cost Index (TLCI)
  The Board has concluded its Taxi and Limousine Cost Index (TLCI) review for this year and a 5.3% increase will be made available for taxis to request upon July 31, 2022. More information on the TLCI can be found in the Q&As. Further information about the TLCI process is posted on the Board's TLCI Page.

Applications Received

• 15230-22 – Tofino Bus Services Inc.
• 14294-22 – TCB Holdings Ltd. (Insert TCB Limo)

Application Decisions

• 14576-22 – Westwind Cabs Ltd. [Approved]
• 14111-22 – Landsea Tours Ltd. [Approved]
• 14374-22 – Donald Gordon Miller, Wendy Lynne Margaret Miller (Miller's Grapeful Wine Tours) [Refused]
• 14549-22 – Infinity Limousine Inc. [Approved]
• 15413-22 PS TOP – Red Carpet Transportation Inc. [Approved]
• 15397-22 TOP – Xclusive Limousine Service Ltd. [Approved]
• 15387-22 TOP – Gunter Lothar Schlieper (Classic Livery & Coach) [Approved]
• 14489-22 – Rajbir Singh Kahlon (Bluebird Cabs) [Approved]

Occupational Health & Safety News:

2022 New or Revised ACGIH Threshold
Limit Values and B.C. Exposure Limits
The Occupational Health and Safety Regulation provides that, except as otherwise determined by WorkSafeBC, an employer must ensure no worker is exposed to a substance exceeding the Threshold Limit Values (TLVs) prescribed by the American Conference of Governmental Industrial Hygienists (ACGIH). Each year, the ACGIH publishes a list of substances for which they have set new or revised TLVs. When the new or revised TLVs for substances are adopted, these TLVs are referred to as B.C. Exposure Limits (ELs). Read the full WorkSafeBC article.

11 Ways Natural Lighting Increases  
Safety in the Workplace
While working in natural lighting is not a privilege afforded to every worker, it potentially should be because there are multiple advantages. Certainly this is something that OHS professionals may want to consider as there are many ways in which natural lighting can increase health and safety in the workplace. A recent Harvard Business Review story shared research by its HR advisory firm, Future Workplace, called ‘The Employee Experience'. The research revealed that employees want natural light. Polling 1,614 workers, the study found that North American employees enjoy access to natural light and views of the outdoors more so than other perks. Read the full article by Maia Foulis with Canadian Occupational Safety.

RCMP, WorkSafeBC Investigating  
Workplace Accident in BC
The Royal Canadian Mounted Police (RCMP) is investigating a "workplace accident" involving an excavator which happened at a work site in Burnaby, B.C., last Friday morning [June 17], according to a report. The incident took place at around 8 a.m. on 4th Avenue near Burnaby Road. "Police are engaged with WorkSafe BC to determine the circumstances of the accident involving a man and [an] excavator," the RCMP said in an emailed statement to CTV News. Read the full article by Jim Wilson with Canadian Occupational Safety.

Permanent Psychological Disability
Benefits Policy Review
On May 25, 2022, WorkSafeBC's Board of Directors approved policy changes to remove procedures specific to the assessment of permanent psychological disability benefits. The amended policies apply to all decisions made on or after July 1, 2022. You may also review the complete Resolution.

Proposed Amendments to Schedule 2,
Non-Traumatic Hearing Loss
Our Policy, Regulation and Research Department is releasing a discussion paper on proposed amendments to Schedule 2, Non-Traumatic Hearing Loss, to stakeholders for comment. Schedule 2 of the Workers Compensation Act is used to determine compensation for workers who have developed hearing loss gradually over time as a result of exposure to occupational noise. The schedule, which was last updated over 40 years ago, is now considered outdated as it no longer reflects the current scientific and medical literature, and requires revision. As part of this review, amendments to policies that relate to updating outdated scientific information are also proposed. You're invited to provide feedback on the draft policy amendments until 4:30 p.m. on Friday, August 19, 2022. Read more on WorkSafe BC.

New Public Health Orders
The Public Health Office (PHO) recently issued the following orders and guidance:

Order:

• Health Professionals COVID-19 Vaccination Status Information and Preventative Measures – June 10, 2022 (PDF, 477KB)

• Guidance for Courthouse Users During the COVID-19 Pandemic – June 30, 2022 (PDF, 384KB)
• Courthouse Public Health Incident and Communication Response Protocol – June 30, 2022 (PDF, 357KB)

OHS Policies/Guidelines – Updates

June 22, 2022

• Part 5 Chemical Agents and Biological Agents
  • Table of Exposure Limits for Chemical and Biological Substances
    The table has been updated to reflect changes to OHS Policy R5.48-1 (amended June 22, 2022). Deletions are shown as strikethrough; additions and revisions are highlighted in green.

June 28, 2022

The following guideline was revised:

• Part 21 Blasting Operations
  • G21.8.1 Continuing professional development – Blasters

Policies – OHS Regulation:

June 22, 2022

OHS Policy R5.48-1 has been amended to reflect the current exposure limits for substances listed on the new or revised Threshold Limit Values for 2022 from the American Conference of Governmental Industrial Hygienists (effective June 22, 2022).

• R5.48-1 Controlling Exposure – Exposure Limits

Property and Real Estate News:

"Alleged Agreement" to Buy Vancouver 
Home Not Legally Binding, Court Rules
A Vancouver man who sued the would-be buyer of his home for $600,000, claiming he was owed a deposit for that amount despite the deal falling through, has had his claims dismissed by the B.C. Supreme Court. In a decision issued Tuesday [June 14] and published online Wednesday [June 15], Justice Andrew P. A. Mayer found that an agreement signed by homeowner Mark Angus and prospective buyer John Williams is not an enforceable contract. Mayer's decision details several months of negotiations in 2019 and 2020 between Angus, Williams and CDRW Holdings Ltd. – a property holding company owned by Williams' wife – for the sale of a home on East 5th Avenue in Vancouver. Read the full CTV article.

BC Strata Ordered to Stop 
Enforcing Hot Tub Ban
A Vancouver strata has been told to stop enforcing its anti-hot tub bylaw, meaning an owner can keep his patio hot tub – for now. Doug Fleming had installed a hot tub on his ground-level patio in a side-by-side triplex. While tribunal member Micah Carmody said it's not clear when Fleming installed the hot tub on limited common property, the June 27 decision said it came to the strata manager's attention May 7, 2020, when he was asked to stop using it and seek council approval for it. Read the BIV article.

Can a Mortgage Secure Funds that Have Been 
Previously Advanced to a Borrower?
In a typical mortgage scenario, a lender advances funds to a borrower at the time the mortgage agreement is signed (e.g., to allow the borrower to purchase a home). In exchange for the borrowed money, the lender is given an interest in the borrower's property. But what happens when a lender has advanced increasing amounts of money to a borrower over an extended period of time? Can the lender secure their prior advances through a mortgage agreement with the borrower sometime in the future? The BC Supreme Court recently addressed these questions in the case of Derencinovic v. 7 West Homes Ltd., 2021 BCSC 1481. Read the full article published by McQuarrie Hunter LLP.

What BC's Money Laundering Inquiry Said about   
Real Estate Prices and Regulations
Despite being unable to determine the exact impact money laundering has on home prices, the real estate sector is of top concern to the Commission of Inquiry into Money Laundering in BC. Of the 101 recommendations Commissioner Austin Cullen made in his June 15 final report, 40 are directly related to real estate, and several others are ancillary, such as proposals to strengthen anti-money laundering (AML) policies within financial institutions and the asset forfeiture legal regime, as well as greater controls on notaries and lawyers, who process transactions. Read the BIV article.

BC Court of Appeal Reduces Damages for Lost Profits from 
Real Estate Agent's Negligence by Two-third
Trial judge awarded lost profits for years before development plan would have started. The British Columbia Court of Appeal has reduced the damages that a trial judge awarded for lost profits suffered by a land purchaser due to a real estate agent's failure to disclose an upcoming boundary review, but denied the appellants' challenge to the liability findings between the individual real estate agent, his corporation, and the brokerage firm. In Luminary Holding Corp. v. Fyfe, 2022 BCCA 185, the respondents bought a 160-acre property near Fernie, B.C. Before the purchase, the respondents knew that around 100 acres of the land was in an agricultural land reserve. Read the full article by Bernise Carolino on Canadian Lawyer.

Wills and Estates News:

After receiving professional tax and legal advice, Todd Collins, the principal of a company called Rite-Way Metals Ltd. (the "operating company") undertook some transactions in order to move assets out of the operating company and into a trust in order to protect the assets from future creditors of the operating company. Based on his advice, the was structured in a way that would not (or so they thought) trigger any tax. Read the full article by Stan Rule with Sabey Rule LLP.

Man Had Marriage-Like Relationship with Deceased,
Inherits Estate: BC Court of Appeal
A party living with a deceased woman at the time of her death was her spouse under BC's succession legislation and was entitled to inherit her estate, the British Columbia Court of Appeal has ruled.

In Coad v. Lariviere, 2022 BCCA 222, Coad moved into Lariviere's Vancouver home in 2013 and was living with her when she died in 2016. He argued that that Lariviere died intestate and that at the time of her death she was living with him in a marriage-like relationship, which would make him her estate's sole beneficiary and administrator. Read the full article by Bernise Carolino in the Canadian Lawyer.

DIY Will Declared Valid, as Were
Gifts to Signing Witnesses
In Wolk v. Wolk, 2021 BCSC 1881, a BC man named Dawson Wolk prepared his own will in 2016 and signed it in front of three witnesses. Two of the witnesses – Dawson's mother and father – were beneficiaries of the entire estate under his will. After Dawson's death in 2017, the BC Court concluded that the will Dawson prepared on his own was valid. The Court also ruled that the bequests to Dawson's parents were valid, despite the default rule that a gift to a signatory witness is automatically void. The evidence satisfied the Court that Dawson made the gifts to his parents with "considered testamentary intent." He meant to give his estate to them, even though they were witnesses to his will. Read the full article by Candace Cho, published by Onyx Law Group.

B.C. Case Comment: Applications for Standing to
Bring Claims on Behalf of Estate Against Executor
What happens if you are a beneficiary and you believe that the estate ought to make a claim against the person who happens to be the executor of the estate? This is a common scenario. Often, the person that a will-maker chooses to be their executor is a person who was involved in their affairs during their lifetime, for example under a power of attorney. This presents opportunity for undue influence, or for the person who later becomes executor to otherwise benefit from their position of control. In such a case, the beneficiary will want "the estate" to investigate or pursue claims against the executor, but the executor has no incentive to investigate themselves (and is in a conflict of interest).