Fairness and Predictability for Non-resident Investors
It's important to ensure non-resident taxpayers pay applicable Canadian income tax in a timely fashion. But the current application of s. 116 of the Income Tax Act creates uncertainty, delays and costs to non-resident investors. In a recent submission, the Joint Committee on Taxation of the Canadian Bar Association and Chartered Professional Accountants of Canada made several recommendations to ensure s. 116 is better administered to achieve its goals more effectively, without discouraging investment in Canada. Read the full article published by CBA National.

CSA Announce Measures to Support
Canadian Markets and Issuers
The Canadian Securities Administrators ("CSA") recently announced measures to support the competitiveness of Canadian capital markets in response to the current uncertainty in global markets. The measures are being implemented through three coordinated blanket orders that provide: (i) exemptions from certain prospectus and disclosure requirements; (ii) a prospectus exemption for new reporting issuers; and (iii) an exemption from the investment limit under the offering memorandum prospectus exemption to exclude reinvestment amounts. In Ontario, the blanket orders are in effect from April 17, 2025 to October 16, 2026. The CSA also announced that they are pausing their work on the development of a new mandatory climate-related disclosure rule and amendments to the existing diversity-related disclosure requirements. Read the full article published by Stikeman Elliott.

British Columbia Financial Services Authority  
Releases 2025/2026 Regulatory Roadmap
On April 1, 2025, the British Columbia Financial Services Authority (BCFSA) released Advisory No. 25-011: 2025/26 Regulatory Roadmap (the Roadmap). The Roadmap outlines the BCFSA's priorities for insurers, credit unions, trust companies, pension plans, money service businesses and other financial service sector participants over the next three fiscal years. The BCFSA focused on the following areas in developing its priorities for insurers for 2024/2025: (i) Regulatory Framework Modernization; (ii) Digitalization Risk; and (iii) Natural Catastrophes and Climate Risk, as discussed in greater detail below. In this regard, the BCFSA:

1. Implemented the Insurer Code of Market Conduct (the Code), effective April 1, 2024.
2. Hosted a tabletop exercise with stakeholders to simulate the impact of a major earthquake in British Columbia.
3. Consulted on and published the Information Security Incident Reporting Guideline for Extraprovincial Insurance Corporations and Extraprovincial Trust Corporations (the IS Guideline).

Read the full article by Marisa Coggin with Dentons.

CSA Publishes FAQ and A Suggested Form of Notice of
Significant Error or Omission for Derivatives Reporting
The Canadian Securities Administrators (CSA) today [May 1, 2025] published CSA Staff Notice 96-307 Frequently Asked Questions about Derivatives Trade Reporting (the FAQ) and CSA Staff Notice 96-308 Notice of Significant Error or Omission (the Notice) in connection with amendments to rules relating to trade repositories and derivatives data reporting that take effect on July 25, 2025. The FAQ helps clarify how certain requirements under the amendments should be implemented, while preserving flexibility to the extent possible for reporting counterparties and trade repositories to operationalize these requirements in the context of their business frameworks. It was developed in response to market participants seeking more precise guidance with respect to the amendments. Read the full BCSC article.

The CSA Releases Proposed Amendments to NI 43-101, the
Companion Policy and the Technical Report Form
On February 13, 2025, the Canadian Securities Administrators (CSA) released an informal information notice setting out "near final" drafts of proposed amendments to National Instrument 43-101 Standards of Disclosure for Mineral Projects (the Instrument), as well as Form 43-101F1 Technical Report (the Technical Report Form), and the Companion Policy 43-101CP to the instrument (the Companion Policy). The proposals also include consequential amendments to several existing rules and forms, such as National Instrument 44-101 Short Form Prospectus Distributions, National Instrument 44-102 Shelf Distributions and Form 51-102F2 Annual Information Form. The proposed amendments, which the CSA terms the "Modernized Disclosure Requirements", are in response to Consultation Paper 43-401 Consultation on National Instrument 43-101 Standards of Disclosure for Mineral Projects, published by the CSA in April 2022, seeking input on potential amendments to Canada's mining disclosure regime. Read the full article by David Hunter, Kimberly Burns, Eric Lung and Mary Su with Dentons.

Updates to BC Sales Taxes
The following updates to sales taxes were recently posted:

Provincial sales tax (includes municipal and regional district tax)

• April 11, 2025
  Bulletin PST 301, Related Services (PDF, 400KB), has been updated to clarify that a related service provided during a lease is not exempt if the lessor, or a third party through a contract with the lessor, provides the service to the leased good or to a good that is used with, resulting from, or related to the leased good.
  Bulletin PST 303, Warranties, Service Contract and Maintenance Agreements (PDF, 390KB), has been updated to:
  • Clarify that PST applies to related services provided to a leased good or to goods used with, resulting from or related to the leased good
  • Add qualifying electric bicycles and qualifying electric tricycles to the list under "Warranties and Agreements for Exempt Goods"
  • Clarify that no documentation is required when manufacturers purchase services to goods covered by a manufacturer warranty or manufacturer recall
  PST 315, Rentals and Leases of Goods (PDF, 490KB), has been updated to:
  • Add information about online marketplace facilitators and lessors
  • Clarify that a rebate received under the B.C. PST Rebate on Select Machinery and Equipment does not disqualify a good from having tax paid status
  • Clarify that certain related services provided to goods during a lease are not exempt if the services are provided by the lessor, or by a third party through a contract with the lessor, to the leased good or to goods used with, resulting from or related to the leased good
• April 30, 2025
  FIN 319, Gift of a Vehicle (PDF, 250KB), has been updated to reflect that a used zero-emission vehicle (ZEV) must be received as a taxable gift before May 1, 2025, to be eligible for an exemption.

Motor fuel tax and carbon tax

• April 17, 2025
  The Refunds for motor fuel tax and carbon tax page has been updated to add information about carbon tax collected after March 31, 2025

For more information, visit the BC government website.

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

• 11-347 – Notice of Local Amendments in Certain Jurisdictions [CSA Staff Notice]
• 81-338 – Guidance on the Use of Discretion under the CSA Investment Risk Classification Methodology
• 81-102 – Amendments to National Instrument 81-102 Investment Funds Pertaining to Crypto Assets
• 41-930 – 45-930 – Coordinated Blanket Order 41-930 Exemptions from Certain Prospectus and Disclosure Requirements Coordinated Blanket Order 45-930 Prospectus Exemption for New Reporting Issuers Coordinated Blanket Order 45-933 Exemption from the Investment Limit under the Offering Memorandum Prospectus Exemption to Exclude Reinvestment Amounts
• 21-501 – Recognition and Designation of Exchanges for the purposes of provisions of the Act or the Rules [BCI Variation Order]
• 96-307 – Frequently Asked Questions about Derivatives Trade Reporting
• 96-308 – Derivatives Trade Reporting Notice of Significant Error or Omission

For more information, visit the BC Securities website.

Introduction of Renewable Energy Projects
(Streamlined Permitting) Act
Bill 14, the Renewable Energy Projects (Streamlined Permitting) Act, tabled on April 30, proposes to expand the authority of the BC Energy Regulator (BCER) to regulate renewable-energy projects, such as wind and solar. If passed, the legislation will create a single-window permitting process, facilitating the approval process for renewable energy projects by eliminating the involvement of other government agencies. The new Act will also provide for creation of regulations to authorize the BCER to oversee the construction and operation of wind and solar projects, ensuring safety and environmental standards are met. Read the government news release.

B.C. Government Proposes New Legislation
to Speed Up Renewable Energy Projects
The B.C. government has proposed new legislation to speed up the permitting process for renewable energy projects in a bid to address climate change and secure energy independence amid trade threats.

Energy Minister Adrian Dix introduced the new Renewable Energy Projects Act to the legislative assembly on Wednesday.

If passed, the Act will expand the authority of B.C.'s energy regulator to oversee renewable energy projects. That would mean the regulator would be the primary permitting agency for clean energy and transmission lines.

Dix said this would help simplify the approvals process for these projects, eliminating the need for cross-ministry and agency permitting. Read the Vancouver Sun article.

Hydrogen – BC Government Enacts New Regulation
The new Hydrogen Facility Regulation (BC Reg 27/2025) (the "Regulation") went into effect on April 1, 2025. The Regulation, enacted under the Energy Resource Activities Act, (SBC 2008, c 36) (the "Act"), streamlines the requirements for hydrogen manufacturing in British Columbia, including with respect to the permitting, construction, operation, safety, emergency management, and decommissioning of hydrogen facilities.

The British Columbia Energy Regulator ("BCER") will oversee hydrogen facilities under the Regulation. Read the full article by Chris Bystrom, Fergus McDonnell and Patrick Frost with Fasken.

New Infrastructure Projects Act
On May 1, Bill 15, the Infrastructure Projects Act, was introduced, and will replace the Significant Projects Streamlining Act. The legislation proposes to speed up permitting and approvals for the completion of key infrastructure projects, including new schools, student housing, hospitals and major transportation projects. Additionally, approvals may be streamlined for a limited number of other provincially significant projects such as mines and other natural resource operations delivered by other entities, such as Crown corporations, local governments, First Nations, and the private sector.

If passed, the Bill will come into force in phases by royal assent and regulations, and will focus on:

• developing a qualified professionals reliance framework;
• creating an expedited environmental assessment process to allow for quicker reviews of designated projects;
• establishing a framework for alternative permit authorizations, in cooperation with local governments;
• authorizing the ministry to work with school districts, health authorities and post-secondary institutions to deliver some projects on their behalf; and
• enabling the ministry to group multiple projects into a single procurement or to purchase project components for multiple projects at a single time.

New regulations and tools will also be developed to support the ministry in prioritizing and accelerating significant projects.

Note: Some critics have argued that the new Bill is similar to the earlier introduced Bill 7, which was to give the government extraordinary powers to rewrite the approval rules for major projects that it deems as special. Both Bill 7 and 15 were introduced in response to threats by U.S. President Donald Trump, according to BC Premier David Eby.

Read the government news release.

Overwhelming Majority of Canadians Back
National Clean Energy Grid, Finds Poll
A strong majority of Canadians support linking up a national grid powered by hydroelectricity, a new poll has found.

Carried out by the pollster EKOS, 84 per cent of Canadian adults who responded to the survey backed the "nation-building" project.

"There is a massive national consensus for a clean electricity grid as a nation-building project that tackles climate change and also builds our sense of country, sovereignty and identity," EKOS president Frank Graves said in a statement.

A majority of respondents of all political stripes said they supported building a national electric grid – including more than 90 per cent of those who said they intended to vote for a Liberal, NDP or Bloc candidate, and 70 per cent who said they planned to vote Conservative.

Opinions were more divided on how to pay for such an endeavour. Read the BIV article.

Long-Term U.S. Tariffs Could Devastate
Canada's Energy Sector, Deloitte Warns
U.S. tariffs could lead to a 6.8 per cent drop in output across Canada's oil, gas and mining sectors over the next five years, a new report has found.

Released Wednesday, Deloitte Canada's latest price forecast attempted to gauge the impact trade uncertainties would have on Canada's energy, oil and gas sector.

Andrew Botterill, the lead author of the report and a Deloitte Canada expert on energy and chemicals, said the projected drop in output was calculated in a world where the U.S. puts a blanket 25 per cent tariff on all Canadian exports. He said the "dramatic" decline in oil, gas and mining would likely hit Canada's economy hard.

"That would be very significant," Botterill said.

The report from Canada's largest professional services firm comes as federal leaders spar over what role the oil and gas industry will play in Canada's economic future. Read the BIV article.

Province Takes Energy Action to Electrify
Economy, Increase Resilience
The Province, in partnership with BC Hydro, is launching an ambitious plan to harness British Columbia's clean-electricity advantage, driving economic growth and transformative change, strengthening energy security and advancing climate action.

The Clean Power Action Plan is a strategy that intends to leverage B.C.'s clean-electricity advantage, ensuring a resilient and sustainable future for British Columbia. With five transformative initiatives, the plan aims to accelerate economic growth, while securing long-term energy stability for generations to come. Read the full government news release for further details.

2025 Federal Election – What it Means
for the Energy Industry
Canada's 45th Federal Election was held on April 28, 2025, following a five-week campaign. The Liberal Party of Canada has won a fourth consecutive mandate and will form a minority government. Prime Minister Mark Carney was elected in his Ottawa-area Nepean riding by a wide margin, while both Pierre Poilievre and Jagmeet Singh did not win their seats in Carleton and Burnaby Central, respectively.

With the Conservative Party forming the official opposition, and the NDP having lost official party status, this minority government could see the Bloc Québécois holding the balance of power in the House of Commons, bringing a variety of voices to the table regarding policies related to energy sovereignty and infrastructure development, as well as the path forward on net-zero targets.

On this first day of the 45th Canadian Parliament's mandate, we highlight the energy-related campaign promises of the newly elected Liberal Party. Read the full article by Kerri Howard, Audrey Bouffard-Nesbitt, Kimberly J. Howard, Robyn Finley and Riley M. Thackray with McCarthy Tétrault LLP.

BC Energy Regulator Announcements
The following BC Energy Regulator announcements were posted recently:

• SA 2025-02 – 2025 Wildfire Preparedness
• IU 2025-04 – Incident at Gundy Gas Plant
• IU 2025-05 – Fifty-three Former Erikson National Energy Sites Declared Orphans
• TU 2025-07 – Administrative Updates to BCER's Application Management System

Visit the BC-ER website for more information.

BC Court of Appeal Upholds Arbitral Award That
Belizean Corporate Shares Are Family Assets
The British Columbia Court of Appeal ruled that an arbitrator's 2019 award correctly concluded that the shares of a Belizean corporation were family assets of which former spouses became joint owners as tenants in common after their divorce.

The case of Zemtsova v. Shevalev Estate, 2025 BCCA 114, involved a couple who married in Russia and then moved to Canada. Their assets included a Belizean corporation that owned 12 sales purchase agreements (SPAs) for a real estate development in Dubai. Read the full article by Bernise Carolino in the Canadian Lawyer.

Inquiry Into Detentions Under the Adult Guardianship Act Releases Final Report
Calling for Human Rights Protections for Vulnerable Adults
The final report of the B.C. Human Rights Commissioner's Inquiry into detentions under the Adult Guardianship Act (AGA) reveals serious human rights issues, including a lack of transparency, oversight and respect for the right to fair process. Entitled "We're still here", the report finds these issues have disproportionately impacted some of the most vulnerable people in B.C., with effects that amount to systemic discrimination.

The AGA permits designated agencies such as health authorities to provide emergency assistance to adults who appear to be abused or neglected and seem incapable of giving or refusing consent to receive care. Relying on this legislation, designated agencies have detained many adults in hospitals or care facilities. However, the law is unclear about the scope and usage of these emergency powers – and as the Inquiry report reveals, adults' right to liberty is not being appropriately balanced with the need to ensure their safety. Read the full article by British Columbia's Office of the Human Rights Commissioner.

BC Court of Appeal Finds Father Abused Judicial
Process, Denies His Appeal on Its Merits
The British Columbia Court of Appeal has found that, while the evidence in a separation case supported a woman's allegation that her former husband abused court processes, the interests of justice warranted dismissing his appeal on its merits.

In J.P. v. K.S., 2025 BCCA 112, the parties met in Vancouver in 1998, started a long-distance relationship, began living together in 2002, and married in 2008. They had a daughter born in 2012 and a son born in 2013.

The parties had a troubled relationship, separated first in 2015 and again in 2016, and finally separated in 2018 after the father assaulted the mother in the family home in the children's presence. Criminal, civil, and family law proceedings followed the assault and final separation. Read the full article by Bernise Carolino in the Canadian Lawyer.

Paws and Jurisdiction
BC Supreme Court confirms small claims court's power in pet custody battles
In one of my recent cases, the Supreme Court of British Columbia grappled with the question of jurisdiction for the first time since the recent changes to the Family Law Act (FLA) – namely whether Small Claims Court has jurisdiction to hear "pet custody" matters. The case involved a separated couple disputing ownership of their dog highlighting the complexities of pet custody in civil and family law.

The couple, who had dated for several years, disagreed on whether they met the definition of "spouses" under the FLA. The ex-boyfriend initiated a small claims proceeding for the return of the dog, which was in the possession of the ex-girlfriend. In response, the ex-girlfriend filed a family law action in the Supreme Court.

Initially, the Small Claims Court set trial dates but later cancelled them, adjourning the matter indefinitely pending resolution of the Supreme Court action ("Decision"). The ex-boyfriend sought judicial review of the Decision, arguing that the Small Claims Court had jurisdiction to continue hearing the dispute despite the ongoing Supreme Court action. Read the CBA BarTalk article by Rebeka Breder.

BC Supreme Court Says 'Vile' Text Messages Show
Repudiation of Marriage-Like Relationship
Parties did not cohabit for two years as required by BC's Family Law Act, ruling says
In a recent family law case, the British Columbia Supreme Court refused to declare the parties spouses upon finding that they had a violent relationship and did not reside together continuously for two years as the applicable legislation required.

The parties in R.A.K. v V.J.S, 2025 BCSC 578, characterized their relationship as tumultuous. They met in August 2015, moved in together in September 2016, and separated multiple times in the following three years. They had twins born in December 2018. Read the full article by Bernise Carolino in the Canadian Lawyer.

Introduction of Miscellaneous Statutes Amendment Act, 2025
[Wildfire/Wildlife/PGA Legislative Changes]
On April 29, Bill 13, Miscellaneous Statutes Amendment Act, 2025, was introduced. The Bill aims to enhance procedural fairness, clarify legal definitions and improve regulatory frameworks across various sectors in British Columbia. If passed, the Bill will affect the following forestry- and environment-related Acts:

Wildfire Act
Amendments will require the minister to provide written notice of a proposed order to parties alleged with starting or contributing to the spread of a wildfire. The notice must be given within 3 years and may be extended by a ministerial order by up to 18 months, with a total maximum period of 4 years and six months. This will allow the parties an opportunity to prepare a meaningful response. Additionally, more time will be provided for investigations and calculations for costs and damages to enable decision-makers to assess facts before making a determination order. These amendments will align the limitation period with those in other natural resource statutes.

Professional Governance Act
Amendments will provide greater clarity in relation to regulations made specifying job titles, to ensure that professional regulatory bodies cannot prevent people from using certain job titles as set out in a regulation.

Wildlife Act
Amendments focus on aquatic invasive species, granting the minister broader powers to regulate, inspect and enforce measures to prevent their spread. Included will be powers to stop and inspect vehicles, boats and equipment, as well as requiring inspections and decontamination.

BC Supreme Court Denies Damages to Forest
Licence Holder Operating on Haida Gwaii
The British Columbia Supreme Court recently ruled that an integrated forest company failed to show that the provincial government engaged in constructive expropriation or breached its duty of good faith or an oral agreement to keep the company whole.

The regulatory regime applicable in Teal Cedar Products Ltd. v British Columbia, 2025 BCSC 595, was BC's Forest and Range Practices Act, 2002. Teal Cedar Products Ltd., the plaintiff in this case, operated two tenures on Haida Gwaii – a tree farm licence and a forest licence.

The licensee had the exclusive right to harvest from certain lands over a specific period upon obtaining a cutting, road, or special use permit. For a cutting permit, the licensee had to apply to a district manager appointed under BC's Ministry of Forests and Range Act, 1996. Read the full article by Bernise Carolino in the Canadian Lawyer.

Some Things Last Forever: Government of Canada
Proposes Regulatory Measures for PFAS
On March 5, 2025, the Government of Canada proposed new regulatory measures for per- and polyfluoroalkyl substances (PFAS), which it outlines in the final State of Per- and Polyfluoroalkyl Substances (PFAS) Report [PDF] (the Report) and the Risk Management Approach for PFAS, excluding fluoropolymers [PDF] (the Risk Management Approach).

In this Update, we briefly describe the conclusions of the Report and the Risk Management Approach, including government's intention to (i) classify PFAS as "toxic" under the Canadian Environmental Protection Act, 1999 (CEPA) and (ii) introduce additional regulatory instruments to further restrict the manufacture and use of PFAS. We also briefly describe the implications for industry. Read the full article by Richard J. King, Jennifer Fairfax, Evan Barz, Shelby Empey and A.J. Davison with Osler, Hoskin & Harcourt LLP.

Fort Nelson Fire Zone's Innovative Approach
to Managing Overwintering Wildfires
In recent years, catastrophic wildfires in the Fort Nelson area have smouldered through the winter months, waiting for warmer temperatures and drier fuels to reignite. These fires occur in boreal forest landscapes – primarily made up of mixed wood stands and muskeg. While muskeg is a defining feature of the landscape, its saturated ground conditions limit traditional fire suppression efforts. In particular, the high water table restricts heavy equipment use during the snow-free season, when machinery risks becoming stuck or causing ecological damage.

Recognizing this challenge, the Fort Nelson Fire Zone began exploring alternative approaches. Drawing on tactics used by local industry and other wildfire agencies across Canada, the team adapted their strategy to take advantage of winter conditions – when frozen ground allows safer and more effective equipment operations. Read the BC Wildfire Service blog.

Province Releases Annual Climate Report
The Province is reaffirming its commitment to climate action and affordability as it releases its annual Climate Change Accountability Report.

The report is based on 2022 emissions data and highlights actions completed between April 1, 2023, and March 31, 2024, as well as actions underway or planned for the year ahead. It provides the most up-to-date assessment of British Columbia's efforts to cut greenhouse gas emissions and build a low-carbon economy. Read the government news release.

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

Environmental Management Act

• Vintage Views Developments Ltd. & John Aantjes v. Director, Environmental Management Act [Summary Dismissal – Appeal Dismissed]
• TRLG Enterprise Ltd. v. Director, Environmental Management Act [Preliminary Decision Regarding an Application to Amend Notice of Appeal – Application Dismissed]
• Executive Flight Centre Fuel Services Ltd. & Danny La Sante v. Director, Environmental Management Act [Settlement Order – Appeals Dismissed]

Water Sustainability Act

• Annette D'Souza and David Allen v. Water Manager [Final Decision – Order Confirmed; Appeal Dismissed]
• Stephen Hunt v. Assistant Water Manager [Dismissal Order – Appeal Dismissed]

Visit the Environmental Appeal Board website for more information.

Forest Appeals Commission Decisions
The following Forest Appeals Commission decision was made recently:

Wildfire Act

• Canadian National Railway Company v. Government of British Columbia [Settlement Order – Appeal Granted; Order Rescinded; No Costs]

Visit the Forest Appeals Commission website for more information.

Health Care Costs Recovery Amendment Act, 2025 Introduced
Bill 9*, Health Care Costs Recovery Amendment Act, 2025 was introduced on April 8 and proposes amendments to the Health Care Costs Recovery Act to allow the government greater recovery of health-care costs provided to MSP beneficiaries who have been injured or have died due to the negligence of a wrongdoer. The legislation intends to:

• narrow the circumstances in which the act does not apply because the beneficiary was injured in the course of their work;
• increase the time during which a claim can be amended to include a health services claim;
• expand disclosure obligations for defendants and their insurers;
• define who counts as an "insurer" under the act to ensure that self-insured and mutual defence organizations must provide notice to the Province and information needed to assist cost recovery;
• clarify the effect of liability waivers;
• require that the Province be notified when a third-party defendant is added to the legal proceedings, and automatically include a health-care costs claim against the third-party defendant when this happens;
• extend limitation periods to ensure the Province has time to begin legal proceedings after being informed of a claim; and
• allow pre-judgment interest to be collected from defendants.

If passed, the Bill will come into force by regulation on a future date. Read the full government information bulletin.

*On May 1, Government House Leader, Mike Farnworth, announced that Bill 9 would not be debated this spring but will be considered at second reading in the fall.

BC Court of Appeal Orders Security for Costs of
Patient's Appeal against Physiatrist
The British Columbia Court of Appeal recently ordered a patient alleging negligence in a trigger point needling treatment to provide $1,000 as security for costs and stayed her tort claim against a physiatrist until she posted such security. The patient was the appellant in Lungu v. Cabrita, 2025 BCCA 105. Her family practitioner referred her to a physiatrist, who was the respondent in this case. The appellant's tort suit alleged that the respondent's negligent administration of a trigger point needling treatment lacked informed consent, amounted to battery, and caused her injuries. The judge at the summary trial dismissed all these claims. Read the full article by Bernise Carolino with Canadian Lawyer. 

BC Premier Announces Review of Mental Health Legislation in
Wake of Vancouver Festival Tragedy
In the wake of the Vancouver festival tragedy that left 11 dead, several injured, and people around the world grieving, BC's premier said there will be a review of the province's mental health legislation to ensure it's working the way it's intended. The premier has also announced that Friday, May 2, will be a provincial day of mourning for the victims and their families. On Saturday night [April 26], a 30-year-old man drove an SUV into a crowd of people at a street festival, just as organizers were winding down activities. The festival, called the Lapu-Lapu Day Block Party, was being held to celebrate the contributions of the Filipino Canadian community. Read the CBC article.

Bogus Nurse Lawsuits Continue to Mount against
BC Health Authorities
BC's Provincial Health Services Authority (PHSA), the provincial nursing regulator and a woman jailed for years for pretending to be a nurse are facing yet another lawsuit as a result of her actions. B.C. Supreme Court Associate Chief Justice Heather Holmes said Dec. 20 that Brigitte Cleroux, 52, who passed herself off as a nurse at BC Women's Hospital, would spend a total of seven years in prison after being sentenced for crimes affecting 900 or more people. Cleroux "profoundly violated" the victims who had placed themselves in the care of the medical system, at times when they were unconscious or extremely vulnerable. Dozens of lawsuits have been filed as a result of Cleroux pretending to be a health-care professional. The latest, filed April 9 in B.C. Supreme Court by plaintiff AH, names the PHSA, B.C. College of Nurses and Midwives (BCCNM), and Cleroux as defendants. Glacier Media has chosen to use the plaintiff's initials rather than her full name. Read the BIV article.

Health Canada Temporarily Exempts Newly Licensed Natural
Health Products from New Labelling Requirements
As we previously reported, amendments to the Natural Health Products Regulations will implement new labelling requirements for natural health products ("NHPs"), including a product facts table and revised allergen labelling. The new requirements will come into force on June 21, 2025. NHPs licensed on or after this date were to comply with the new requirements from the outset, while NHPs licensed prior to this date are provided with a three-year transition period within which to comply (i.e., a compliance date of June 22, 2028). On March 7, 2025, the Minister of Health issued an order extending the scope of the transition period to NHPs licensed on or after June 21, 2025. Accordingly, all NHPs, whether currently marketed in Canada or new products granted marketing authorization on or after June 21, 2025, are exempt from the new labelling requirements until June 21, 2028. All products must comply with either the existing labelling requirements or the new requirements from June 21, 2025 through June 21, 2028, after which all products must comply with the new requirements. Read the full article by Timothy M. Squire and Mark Vanderveken with Fasken.

BC Health Coalition Urges Province to End  
Contract with U.S. Owner of LifeLabs
A public health advocacy group is urging the BC government to end its contract with the American company that owns LifeLabs, the province's main provider of outpatient lab services. The BC Health Coalition has issued an open letter asking Premier David Eby to follow through on a directive he issued last week for all government bodies to review their connections to U.S. firms amid the tariff dispute, and cancel its contract with Quest Diagnostics. The American firm acquired LifeLabs locations across Canada last year for $1.35 billion, and is now involved in a labour dispute with its BC workers, who are eight weeks into strike action. Read the BIV article.

Here's What the Liberals Promised for 
Health Care. But Can They Deliver?
Until U.S. President Donald Trump's tariffs and threats to Canadian sovereignty came along, many thought health care would be a key issue in the federal election. Instead, it came across as an after-thought to more immediate economic concerns that often hijacked campaign headlines. "I can't recall an election in recent decades where less attention was given to health care," said Nelson Wiseman, a professor emeritus in political science at the University of Toronto. Wiseman pegs the oversight to tense relations with the United States and the Trump administration, which he says "eclipsed virtually all other issues except affordability." Health issues are certainly no less pressing and the Liberals included several health-care pledges in their platform. Now that the party has been handed another mandate, here's what doctors, nurses and mental health experts say they're happy to see, and what is missing.

More Doctors
The Liberal platform promised to "add thousands of new doctors to Canada's health care system" by working with the provinces and territories to increase medical school and residency spaces, with a special focus on primary care. This pledge comes as more than six million people across the country don't have a family doctor.

Read the BIV article.

No More Sick Notes? What B.C. Employers Need to Know About
Bill 11, Employment Standards Amendment Act, 2025
The B.C. government introduced Bill 11 on April 15, 2025, proposing amendments to the Employment Standards Act, R.S.B.C. 1996, c. 113 (the "ESA") that will restrict employers from asking employees for a sick note for short-term health-related leave. Further details about the changes will come through regulations still to be developed and finalized, but the government has announced that these changes will be in force prior to the Fall 2025 respiratory illness season, which typically begins in October.

Bill 11 and its restriction on sick notes is aimed at easing the administrative burden on B.C.'s healthcare practitioners (including B.C. doctors who wrote approximately 1.6 million sick notes in 2024, according to the Canadian Medical Association, as set out in the Bill 11 news release). However, it will have a significant impact on how employers are allowed to manage their employees' short-term illness and injury leave. Read the full article by Michael Watt and Michael Switzer with Alexander Holburn Beaudin + Lang LLP.

Changes to Lobbying Rules Will Make
Compliance More Manageable
Organizations in British Columbia will benefit from simplified reporting requirements when lobbying government.

Amendments to the Lobbyists Transparency Act (LTA), passed in April 2024, will officially come into force on May 27, 2025. The changes were informed by concerns from smaller organizations, such as non-profits, about the administrative burden they bear when complying with the act's reporting requirements. These amendments will apply to all organizations covered by the act.

The LTA requires individuals and organizations that engage in lobbying activities and meet specific criteria to register their efforts in an online public registry, ensuring citizens can see who is attempting to influence government decisions. The changes to the act are not intended to curb transparency, but to make compliance more manageable. Read the government news release.

BC Court of Appeal Says It Lacks Jurisdiction Over
Appeal of Arbitral Award on Worker Privacy
Ruling applies modified test to determine jurisdiction under s. 100 of BC's Labour Relations Code
The British Columbia Court of Appeal ruled that it did not have jurisdiction to hear an appeal of an arbitral award arising from a grievance alleging that the installation of surveillance cameras in company trucks infringed employee privacy.

In Rehn Enterprises Ltd. v. United Steelworkers, Local 1-1937, 2025 BCCA 116, the appellant was a tree-falling contractor, while the respondent was the union for the appellant's employees called fallers, who did hand-falling work under the appellant's contract with Western Forest Products. These fallers went to and from worksites in company vehicles for about two to three hours daily. Read the full article by Bernise Carolino in the Canadian Lawyer.

BC Court of Appeal Confirms That the Duty of Honest Performance
Does Not Extend to Pre-Contractual Dishonesty
In Ocean Pacific Hotels Ltd. v Lee, 2025 BCCA 57, the Court of Appeal for British Columbia confirmed that the duty of honest performance in contract does not extend to pre-contractual negotiations.

The plaintiffs are representatives of current and former employees who signed offers of casual employment that replaced their contracts of regular employment with Ocean Pacific. The agreements provided that employees would continue to receive extended benefits coverage "subject to and in accordance with the terms and conditions of the applicable plans and policies and the continued approval of [Ocean Pacific's] carrier." In January 2021, extended benefits coverage terminated for most employees that had opted for casual employment. Read the full article by Edward Hulshof and Adam Walji with Bennett Jones.

BCFSA Information Security Guideline for Pension
Plan Administrators – Key Takeaways
BCFSA recently released its final Information Security Guideline for Pension Plan Administrators. The new Guideline will come into effect on July 1, 2025.

This new Guideline is specifically for pension plan administrators in British Columbia and will replace the 2021 Information Security Guideline for Provincially Regulated Financial Institutions that broadly applies to all provincially regulated financial institutions (e.g. credit unions, insurance companies). The new Guideline is intended to address feedback from the BC pension industry that the 2021 Guideline did not satisfactorily take into account the unique circumstances, mandate and resources of pension plans, as compared to the other sectors regulated by BCFSA. Read the full article by Meghan Popp and Jessica Kim with Lawson Lundell.

Settlement Agreement Where Tax Treatment Not
Agreed Upon is Not a Binding Settlement
In Brink v Xos Services (Canada), Inc., 2025 BCSC 658 Justice Hughes had a situation where the parties agreed on the settlement number ($441,667.00 USD) but the defence offer was based on "less statutory deductions" and the plaintiff accepted the offer on the condition that it be on the basis that it be treated as non employment income.

In Canadian terms this would be asking that the settlement funds be treated as "general damages" which apparently attracts no taxation. Read the full article on Barry Fisher's Employment Law Blog.

Pensions and Leaves of Absences – No Extension of Canada Labour
Code Protections to Other Retirement or Savings Plans
In the decision of WestJet Encore v ALPA, dated March 31, 2025, Arbitrator Kaplan held that a Canada Labour Code (the "Code") provision which requires that pension (as well as health and disability) benefits continue to be made available during certain prescribed periods of leave do not similarly extend to other types of retirement and savings plans.

WestJet Encore sponsored a voluntary savings program (the "WSP"), comprised of a matching registered retirement savings plan("RSP")/tax free savings account arrangement ("TFSA"), and a matching cash savings arrangement. The rules governing the WSP provided that employees could, while away from work on certain approved leaves, continue to contribute to and receive WestJet Encore matching contributions for the first 12 continuous months of any such leave. Read the full article by Jordan Fremont and Karine Bellavance with Stikeman Elliott LLP.

Introduction of Miscellaneous Statutes Amendment Act, 2025
[Local Government/Housing Changes]
On April 29, Bill 13, Miscellaneous Statutes Amendment Act, 2025, was introduced. The Bill aims to enhance procedural fairness, clarify legal definitions and improve regulatory frameworks across various sectors in British Columbia. If passed, the Bill will affect the following Acts related to local government matters:

Housing Supply Act
Amendments will ensure compliance measures are undertaken with the City of Vancouver to conform with all other prescribed municipalities that are subject to a housing target order.

Greater Vancouver Sewerage and Drainage District Act
Amendments will apply new provisions of the Local Government Act to the Greater Vancouver Sewerage and Drainage District development cost charge bylaws, temporarily extending instream protections for development charges from 12 to 24 months for Metro Vancouver Regional District, Greater Vancouver Water District and Greater Vancouver Sewerage and Drainage District. This will be applied retroactively for developers that have submitted completed applications prior to March 22, 2024 to ensure they continue to have access to the lower rates of development charges for an additional year until March 22, 2026.

Islands Trust Act
The amendments will allow for the appointment of acting local trustees in specified circumstances.

Local Elections Campaign Financing Act
Some provisions will be amended to clarify the requirements for the use of a shorter name, abbreviation or acronym other than that included in the register of elector organizations. Other changes include authorizing the BC chief electoral officer to suspend the registration of an elector organization in specified circumstances and to make publicly available information about the financial agent of a candidate.

Local Government Act
Amendments will clarify the rules concerning elections administration in local elections with respect to endorsement documents, nomination documents, mail ballot returns and election orders. The Act will also be amended to provide an exception to regional district service establishment rules to allow regional districts to establish the service of designating fire inspectors and investigators as required under the new Fire Safety Act. Further amendments will require a municipal collector to give notice to each registered owner of the fee simple of property before the property may be sold at tax sale, as well as establishing requirements in relation to the notice.

Vancouver Charter
The Bill will add a new provision to establish that the City of Vancouver can regulate in areas also governed by the Province in the same manner as other municipalities under the Community Charter. Other amendments clarify rules respecting local elections, in relation to endorsement documents, nomination documents, mail ballot returns and election orders.

School Act
A provision will be added to require a board of education, other than the board for School District No. 39 (Vancouver), to identify a public notice posting place.

Bylaw Enforcement without Involving the Court –
Legislative and Judicial Trends
A local government bylaw is effectively enforced if a person is compelled to cease a contravention or is discouraged from engaging in such prohibited conduct in the first place. When a court becomes involved in an enforcement proceeding the presiding judge will be called upon to consider: (1) what alleged conduct has, in fact, occurred; (2) whether that conduct is, at law, a contravention of a bylaw; and (3) what available and appropriate sanction the judge should impose for the contravention. In many cases, however, a bylaw can be effectively enforced without a court proceeding. This paper discusses recent legislative and judicial trends that have expanded or enhanced the non-court methods by which a local government may effectively enforce its bylaws. These methods engage the same three considerations: (1) what is occurring; (2) what is the law; and (3) what sanction or consequence can be imposed. The non-court processes discussed in this paper can address these considerations using quite different, and often simpler or easier to control, methods of enforcement, when appropriately applied. Read the full article by Michael Moll with Civic Legal LLP.

Updated Guidance on Public Records
Disclosure in British Columbia
In February 2025, the Office of the Information and Privacy Commissioner for British Columbia (OIPC) published updated guidance for public bodies on how to develop and maintain proactive disclosure programs under Freedom of Information and Protection of Privacy Act (OPIC Guidance). The OIPC Guidance follows an OIPC investigation report regarding municipal disclosure of records, which highlighted, in part, the need for public bodies in British Columbia to improve the access-to-information processes offered to the public. One of the recommendations made in the Report was the need for municipalities to establish and publish clear, meaningful categories of records that are routinely disclosed to the public without requiring a formal Freedom of Information (FOI) request. Read the full article by Jasmine Samra, Arielle Sie‑Mah and Nicole Sapieha with Gowling WLG.

Bill 15 Provides Province with Regulatory Override
Powers for Major Capital Projects
The Province of BC has introduced legislation that would give greater powers to the Cabinet to expedite the approval of projects it deems a matter of provincial significance. If passed into law, Bill 15 (Infrastructure Projects Act) will allow the minister responsible for a project – such as the building of a school - to make decisions to facilitate the completion and operation of a project as expeditiously as possible. For local governments, the Bill will also allow the Minister of Infrastructure to intervene in local regulatory. The legislation was drafted by the Ministry of Infrastructure, which has been tasked with providing centralized planning for major capital projects such as schools and healthcare facilities. The proposed legislation identifies two (2) classes of categories of Provincially Significant Projects to be considered for streamlining:

• Provincial Projects – All Ministry of Infrastructure Projects (vertical infrastructure providing provincial services) including schools, post-secondary housing, hospitals and health facilities, and
• Private Projects – On a project-by-project and tool-by-tool basis for projects designated by Order in Council as ‘provincially significant’ and projects delivered by other partners, such as crown agencies, local governments, First Nations and private proponents.

Read the UBCM article.

Supreme Court Rules that Transmission
Lines Don't Include G5 Antennas
The decision could fuel more pushback against installation on municipal property, given the conspiracy theories swirling around the technology

In a 7-2 decision, the Supreme Court of Canada ruled that the access regime for telecom companies under the Telecommunications Act, which allows them access to public properties for installation and maintenance purposes, doesn't apply to the small cell antennas necessary for 5G network coverage around the country. With previous cellphone technology, some 13,000 large towers were required nationwide for network coverage. However, 5G technology requires between 250,000 and 300,000 small cell antennas. Both need a hard-wired connection, but the Federal Court of Appeal and the majority of the Supreme Court found that the Canadian Radio-television and Telecommunications Commission (CRTC) correctly interpreted the Act to say that the transmission line only applied to the hard-wired connection. Read the full article by Dale Smith with CBA National.

Changes to Police Act in Force
On May 1, portions of Bill 17, Police Amendment Act, 2024, came into force. The Bill was introduced last spring to address three recommendations of the 2022 Special Committee on Reforming the Police Act, seven recommendations from the 2019 Special Committee to Review the Police Complaint Process and legislative changes requested by the Office of the Police Complaint Commissioner and the Ombudsperson. The Bill represents phase one of a multi-phase process to review and reform BC's policing legislation, making changes to police governance and oversight, which largely affect police boards and municipalities, including requirements for police boards to create a code of conduct and updated procedures for handling complaints. The May 1 changes aim to modernize the language in the Police Act and several other provincial acts by updating references to "police force" to "police service", reflecting the variety of services delivered by police. Some changes already in force help simplify the process for establishing designated policing boards and designated policing units, as well as ensuring municipal council is represented on municipal police boards or committees while not allowing the mayor to serve as board chair. For your convenience, Quickscribe has published an early consolidation of the remainder of the changes in Bill 17 as they will read when they come into force by regulation at a future date.

Attorney General Statutes Amendment Act, 2025 Introduced
The Attorney General Statutes Amendment Act, 2025, Bill 10*, was introduced on April 14, 2025, and proposes amendments to the following acts:

Judicial Compensation Act

• amendments will ensure Provincial Court judges, who were public servants before being appointed to the bench, receive the same benefits for their non-judicial service as other Public Service Pension Plan members, to comply with the 2022 Judicial Compensation Commission's recommendation with respect to non-judicial pensionable-service provisions;

Land Title Act

• amendments will clarify the Land Title Office's ability to transfer a deceased person's land to a special court-appointed administrator for the purposes of transferring or selling the land to help preserve the value of the estate when there are ongoing legal proceedings about a will or during other special circumstances;

Libel and Slander Act

• amendments will update the description of the document used to commence an action for libel;

Members' Remuneration and Pensions Act

• amendments will provide that the basic compensation for members of the Legislative Assembly will not be adjusted for the fiscal year commencing on April 1, 2025;

Police Act

• amendments will allow an acting chief civilian director of the Independent Investigations Office to be appointed if the director is unable to fulfil their role, and also allow the appointment of a deputy chief civilian director of the Independent Investigations Office, to whom the chief civilian director could delegate their powers and duties.

Small Claims Act

• amendments will remove an outdated reference to a provision previously repealed in the Civil Resolution Tribunal Act;

Wills, Estates and Succession Act

• amendments will expand the definition of a benefit plan by adding First Home Savings Accounts, allowing beneficiaries to be named for these accounts to ensure surviving beneficiaries can efficiently access the accounts.

*On May 1, Government House Leader, Mike Farnworth, announced that Bill 10 would not be debated this spring but will be considered at second reading in the fall.

Supreme Court of Canada Agrees to Weigh in on     
BC First Nations' Title Dispute
The Supreme Court of Canada has agreed to weigh in on a dispute between First Nations that have overlapping land title claims in British Columbia. The overlapping claims involve the Gitanyow Nation, the Nisga'a Nation and the Tsetsaut Skii km Lax Ha Nation, and Canada's high court on Thursday [April 24] agreed to hear appeals of decisions by lower courts in BC. The Gitanyow Nation's title claims overlap with the Nisga'a Nation's claims, which are covered by a treaty, and both the B.C. Supreme Court and Court of Appeal denied the Nisga'a's bid to be added as a defendant in the Gitanyow's case, which is scheduled for trial in B.C. Supreme Court next month. Read the BIV article.

New Infrastructure Projects Act
On May 1, Bill 15, the Infrastructure Projects Act, was introduced, and will replace the Signficant Projects Streamlining Act. The legislation proposes to speed up permitting and approvals for the completion of key infrastructure projects, including new schools, student housing, hospitals and major transportation projects. Additionally, approvals may be streamlined for a limited number of other provincially significant projects such as mines and other natural resource operations delivered by other entities, such as Crown corporations, local governments, First Nations, and the private sector.

If passed, the Bill will come into force in phases by royal assent and regulations, and will focus on:

• developing a qualified professionals reliance framework;
• creating an expedited environmental assessment process to allow for quicker reviews of designated projects;
• establishing a framework for alternative permit authorizations, in cooperation with local governments;
• authorizing the ministry to work with school districts, health authorities and post-secondary institutions to deliver some projects on their behalf; and
• enabling the ministry to group multiple projects into a single procurement or to purchase project components for multiple projects at a single time.

New regulations and tools will also be developed to support the ministry in prioritizing and accelerating significant projects.

Note: Some critics have argued that the new Bill is similar to the earlier introduced Bill 7, which was to give the government extraordinary powers to rewrite the approval rules for major projects that it deems as special.  Both Bill 7 and 15 were introduced in response to threats by U.S. President Donald Trump, according to BC Premier David Eby.

Read the government news release.

Developer's Damages Claim Overturned Despite
Illegal Acts of Provincial Government:
British Columbia v Greengen Holdings Ltd.
The BC Court of Appeal has reversed the lower court decision in British Columbia v Greengen Holdings Ltd. (previously reported on here). In Greengen, the lower court had awarded $10m against the provincial government for misfeasance in public office, a rare tort allowing claimants to seek damages from government for unlawful conduct. Claims in misfeasance rarely succeed. The lower court decision, which arguably widened the scope of the tort, had provided a roadmap for developers whose applications were improperly denied to seek damages. The BCCA reversed the finding on a narrow and fact specific causation basis. However, the BCCA did not interfere with or reverse the rest of the lower court's decision. As such the case remains useful precedent for parties seeking damages for improperly made government decisions, particularly in the development and environmental permit sphere. Read the full article by Thomas D. Boyd with Lawson Lundell.

Sibble v. Google LLC: BC Supreme Court Weighs in on
Pre-Certification Notices to Admit
In a certification hearing, what evidentiary value can be placed on pleadings, decisions and documents emanating from litigation or regulatory proceedings in the United States? Courts in British Columbia have wrestled with this question in recent years, as plaintiff's counsel have attempted to leverage litigation or regulatory documents from foreign jurisdictions to meet their evidentiary burden at certification. The battle over the admissibility of foreign regulatory or litigation documents has a new dimension: what happens when plaintiff's counsel issues a notice to admit, before certification, seeking the admission of the truth of certain documents and facts emanating from US proceedings? This issue was recently addressed in Sibble v Google LLC, 2025 BCSC 537. Read the full article by Kevan Hanowski and Salessa King with McCarthy Tétrault.

Criminal Practice Direction 10 (CPD-10) –
Language of the Accused
from BC Supreme Court
Associate Chief Justice Holmes has issued Criminal Practice Direction 10 (CPD-10), which revises the process for ensuring an accused person has been advised of their official language rights under s. 530 of the Criminal Code. Where an accused person has been so advised in the Provincial Court, a new inquiry will generally not be necessary in the Supreme Court. CPD-10 also introduces the option of counsel advising the accused person of their s. 530 rights, completing a form with the accused person, and filing it at the appropriate Supreme Court Registry. A copy of CPD-10 can be found here. The French version can be found here.

Motor Vehicle Act – Graduated Licensing Changes
On April 16, Bill 12*, the Motor Vehicle Amendment Act, 2025, was introduced, proposing amendments to the Motor Vehicle Act, aimed at improving the Graduated Licensing Program and Motorcyclist Licensing Program to increase accessibility for new drivers and safety standards for motorcycle drivers. The legislation will update the Graduated Licensing Program to remove the requirement for a second road test to obtain a Class 5 licence and will create a new 12-month restriction period, during which eligible drivers must demonstrate safe driving behaviour to progress. Additionally, requirements proven not to increase road safety will be removed, reducing wait times for individuals who want to take a road test to earn their Novice (Class 7) licence.

Other changes include setting up a new Motorcyclist Licensing Program to be completed by all new motorcycle riders, ensuring new riders gain the skills needed to ride safely. Regulations will also be introduced to establish a restriction period and greater safety requirements for protective gear. If passed, the Bill will come into force by regulation at a future date.

Read the government news release.

*On May 1, Government House Leader, Mike Farnworth, announced that Bill 12 would not be debated this spring but will be considered at second reading in the fall.

Dangerous Goods Marks and Classes
Description (Handout)
This bulletin explains the classification requirements of dangerous goods. It does not change, create, amend or suggest deviations to the Transportation of Dangerous Goods Regulations (TDG Regulations).

From: Transport Canada

Notice – New Edition of CAN/CGSB-43.150 Is Published
A new edition of the following standard has been developed by the Canadian General Standards Board (CGSB) and was published in April 2025:

CAN/CGSB-43.150-2025 "Design, manufacture and use of UN standardized drums, jerricans, boxes, bags, combination packaging, composite packaging and other packagings for the transport of dangerous goods, classes 3, 4, 5, 6.1, 8, and 9".

From: Transport Canada

BC Court of Appeal Replaces Capital Asset Approach
with Earnings Approach in Injury Case
The British Columbia Court of Appeal partly allowed an appeal of a damages award for injuries arising from a motor vehicle accident upon finding errors in the trial judge's use of the capital asset approach and assessment of earning capacity.

In Lewis v. Gibeau, 2025 BCCA 127, the defendants admitted liability for the appellant's personal injuries in the collision. At trial, the issues revolved around causation and the quantum of damages to compensate the appellant for her loss. Read the full article by Bernise Carolino in the Canadian Lawyer.

Increases Coming to Accident Benefit
Health-Care Services Rates
People in British Columbia recovering from vehicle accidents will see increased coverage amounts for many health-care practitioners as the Province makes improvements to Enhanced Accident Benefits paid by Insurance Corporation of BC (ICBC).

Effective May 1, 2025, changes to regulations [Enhanced Accident Benefits Regulation, Income Replacement and Retirement Benefits and Benefits for Students and Minors Regulation, Insurance (Vehicle) Regulation, Minor Injury Regulation and Permanent Impairment Regulation] under the Insurance (Vehicle) Act will increase the amounts that ICBC pays for many health-care services. These increases are based on a review of accident benefit amounts for accidents that occurred before May 1, 2021. Reviews occur every five years, as required under the act.

The Province will undertake a comprehensive and independent review of enhanced care in 2026 to ensure people are receiving the high-quality health care and supports they need when recovering from a vehicle crash. This increase is an interim measure to help address increased costs of health services. Read the full government news release.

Driving New Standards: An Overview of Automated
and Connected Vehicle Governance
Automated and Connected Vehicles (ACVs) are reshaping modern transportation by using advanced sensors, machine learning, and artificial intelligence to reduce the need for human input. The potential for effortless driving and increased productivity has generated interest among both road users and businesses in the sector. Yet, regulatory responses across Canada, the European Union (EU), and the United States (U.S.) remain inconsistent, with no standardized approach to ACV governance. In Canada, for example, ACVs are regulated separately by federal and provincial governments, requiring adherence to both levels. For businesses, understanding the nuances of ACV governance is required to ensure compliance with evolving regulations and industry standards at all times.

This bulletin outlines the legal framework governing ACVs in Canada and beyond. As the first of a series to come, it offers a starting point for businesses and users navigating this space. Read the full article by Rémi Slama and Emma Peress with Fasken.

CVSE Bulletins & Notices
The following documents were posted recently by CVSE:

• NSC Bulletin 02-2023 – Publication of Carriers Cancelled for Cause
• NSC Bulletin 01-2024 – Safety Rating Certificate and Status for B.C. Carriers
• CT Bulletin 04-2024 – onRouteBC Term Oversize and Term Overweight Permitting

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

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

News and Updates

• TNS – Region 1 Geo-Fencing Term & Condition – Feedback Requested
  In response to a request from the City of Vancouver and the Vancouver Fraser Port Authority, the Passenger Transportation Board (Board) is considering changes to its geo-fencing term and condition for all Region 1 Transportation Network Service (TNS) authorized licensees. Read the full update.

Applications Received

• 21101-24 – Pacific Western Charters Ltd. (Ebus, Red Arrow)
• 21410-24 – Transfer of Licence PDVA (Limo)

Application Decisions

• 20548-24 – Z's Limo Service (ZLS) Ltd. [Refused]
• 21265-24 – Avantu Charters and Transfers Services Limited [Refused]

Visit the Passenger Transportation Board website for more information.

Societies and Volunteer Firefighters
from WorkSafeBC:
The Workers Compensation Amendment Act, 2019 (Bill 18) expanded the definition of "firefighter" and changed the definition of "worker" in the Workers Compensation Act, resulting in implications for society fire brigades that engage volunteer firefighters. Our Policy, Regulation and Research Department is releasing a discussion paper with proposed amendments to policy in the Assessment Manual to provide guidance on how WorkSafeBC determines the employer of a volunteer firefighter, and to remove outdated language. The discussion paper and information on how to provide feedback can be found here: Proposed amendments to policy on societies and volunteer firefighters.

WorkSafeBC Cracks Down on Fall Hazards
WorkSafeBC is intensifying efforts to prevent falls from heights on construction sites across the province as outdoor activity ramps up this spring. The organization urges employers to take immediate, proactive measures following a sharp increase in injuries linked to falls from elevation. In 2024 alone, over 1,000 construction workers suffered injuries from falls. From 2020 to 2024, the sector recorded more than 5,400 injury claims, including nearly 1,900 serious injuries and 35 fatalities related to elevation incidents. Read the Canadian Occupational Safety article. 

Consultation on Changes to Policy –
Duration of Benefits (Retirement Age)
from WorkSafeBC:
To align with legislative amendments to the Workers Compensation Act (Act), changes to policy on retirement age determinations were brought into effect on January 1, 2021.  On November 9, 2023, WorkSafeBC's Board of Directors (BOD) approved further changes to policy in the Rehabilitation Services & Claims Manual, Volume II, on WorkSafeBC's determination of whether a worker "would retire" after the retirement dates set out in the Act. These policy changes came into effect on January 1, 2024. The BOD approved these policy changes in advance of stakeholder consultation. Our Policy, Regulation and Research Department is now releasing a discussion paper on the 2024 changes to identify whether further policy changes are necessary. You're invited to provide feedback until 4:30 p.m. on Friday, June 6, 2025.

Lane Construction Services Ltd
Fined for Repeated Violations
British Columbia employer Lane Construction Services Ltd. has been fined $68,479.59 for numerous safety violations. The infractions occurred while the company was performing concrete forming work at an apartment complex construction site in North Vancouver. One worker, assigned as the standby person for confined space work in a below-ground stormwater tank, fell approximately 4.3 metres (14 feet) through an unsecured floor opening into the tank. WorkSafeBC determined that while the worker had been wearing fall protection, they had not been provided with a lanyard or an anchor point. Read the full article by Jim Wilson with Canadian Occupational Safety. 

When Is Burnout Compensable? What HR Needs to Know about
Mental Health Claims and Workload Stress
A recent decision by the BC Workers' Compensation Appeal Tribunal (WCAT) offers a detailed look at when work-related stress and burnout rises to the level of a compensable mental disorder – and when it doesn't. In A2202387 (Re), 2025 CanLII 9894 (BC WCAT), a medical laboratory assistant claimed that chronic understaffing and workload pressure led to a panic attack at work. Although the WCAT acknowledged the worker faced stress and high workloads, it denied the claim due to the absence of a formal DSM diagnosis, and concluded her workload did not exceed typical industry job demands in intensity or duration. Read the full article by Stacy Thomas with Canadian HRReporter.

Purchaser Prevails: BC Court of Appeal Confirms Purchaser Can Claim Lien,
Recission, and Deposits in Collapsed Real Estate Deal
If a vendor under a purchase contract breaches that contract, the purchaser may rescind and also register a lien on title to the vendor's land to secure repayment of its deposit. The British Columbia Court of Appeal recently confirmed this in 1332404 B.C. Ltd. v. 1266685 B.C. Ltd., 2025 BCCA 46 ("126"), where it overturned a decision cancelling a certificate of pending litigation (a "CPL") registered at the land title office that was based on a "purchaser's lien". A purchaser who has paid any portion of the purchase price is entitled to such a lien if the transaction collapses for a reason other than the purchaser's fault. 126 confirms that such a lien is an interest in land that permits a CPL filing at the land title office and does not preclude the purchaser from pursuing alternative remedies, including rescission and the recovery of the deposit.

Background
1332404 B.C. Ltd. (the "Purchaser") agreed to purchase property in the Township of Langley from 1317903 B.C. Ltd. (the "Vendor"). The Purchaser intended to subdivide the property and sell the newly subdivided lots. The purchase contract required the Purchaser to pay four deposits directly to the Vendor, of which the Purchaser paid the first three. As a result of Langley's development approval process, the property was to be subdivided into more, but smaller, lots than anticipated. Asserting that the Vendor had breached the Real Estate Development Marketing Act (BC) by failing to obtain the Purchaser's approval of any material changes to the layout of individual lots, the Purchaser sought a purchaser's lien, to rescind the purchase contract and finally to recover its deposits. The Purchaser also filed a CPL to secure repayment of the deposits.

Read the full article by Daniel Siracusa and Vaibhav Aggarwal with McCarthy Tétrault.

BC Supreme Court Denies Lot Owner's
Plea to Modify Easement
The British Columbia Supreme Court refused to modify a registered easement upon finding that it was not obsolete, that the other parties never agreed to change it, and that maintaining it as originally registered resulted in a substantial practical benefit. The case of Weatherill v Sievewright, 2025 BCSC 480 involved a bare land strata steeply going down from common property to the shore of Sakinaw Lake. The dispute revolved around two recreational properties: the petitioner's strata lot (SL 18) and the respondents' strata lot (SL 19), which was on the left side of SL 18. An easement extending into the middle of SL 18 provided driveway access to SL 19. The petitioner requested a court order decreasing the easement on his property under s. 35 of BC's Property Law Act, 1996. Read the full article by Bernise Carolino with Canadian Lawyer.

'An Attack on Tenants': Advocacy Group Says
BC Rule Changes Favour Landlords
Landlords will only need to provide tenants three months notice when taking back a property for their own us

A tenant advocacy group says it's worried that new provincial regulations announced this week [April 9] could make it easier for landlords to get rid of tenants to increase rents. The measures announced by the Housing Ministry include shortening from four to three months the notice period a landlord has to give a tenant when taking back a property for their own use. They also include shortening from 60 to 30 days the period that landlords have to store a tenant's abandoned items after they leave. And that storage requirement will now apply to items with a minimum dollar value of $1,000 instead of $500. Read the Vancouver Sun article (Paywall).

BC Supreme Court Finds Contractual Breach in
Subdivision Developer's Inaction
The British Columbia Supreme Court has ruled that a developer's inaction in a series of contracts of purchase and sale (CPS) – after the builders' continued affirmation of the agreements and the fulfillment of the condition precedent – was an actionable breach. In Chitchot v 0998823 B.C. Ltd., 2025 BCSC 742, the defendant was the owner and developer of a proposed 32-lot subdivision and 370-unit townhome project in Abbotsford, BC. The plaintiffs were two brothers and the residential building company they owned and operated. Read the full article by Bernise Carolino with Canadian Lawyer. 

Questions Swirl around New Liberal
Government's Housing Plans
As Canadians process the results of Monday's [April 28] federal election, attention is quickly turning to what a fourth Liberal mandate will look like for the country's housing sector. The "centrepiece" of the Liberal housing plan is the "Build Canada Homes" program, which appears inspired by British Columbia's housing market interventions, said Andy Yan, director of the City Program at Simon Fraser University. The BCH program promises "to get the federal government back into the business of building homes," according to the Liberal platform posted to the party's official website. "It is interesting to kind of see that level of direct building," said Yan. "The question is, what's the format of that kind of building? Are we looking at some kind of new federal agency? Are we looking at a kind of sub-contract, a series of grants in towards other levels of government?" Read the BIV article.

BC Strengthens Supports, Cuts Wait
Times for Landlords, Renters
Landlords and renters will benefit from new measures that enhance supports, while disputes continue to be resolved quickly and fairly. "Through our government's investments in the Residential Tenancy Branch, we've reduced wait times for renters and landlords by an average of 70% since November 2022," said Ravi Kahlon, Minister of Housing and Municipal Affairs. "Today, we're introducing more measures to ensure landlords and renters receive additional supports, can continue to build strong partnerships, and have confidence they'll be able to get advice and resolve disputes in a timely manner, should issues ever arise." The Province is introducing regulation changes and enhanced web content to further improve services and increase the confidence of renters and landlords. Read the government news release.

The Risk Equation in Construction:
What R. v. Greater Sudbury Means Today
The legal battle in R. v. Greater Sudbury (City) was nothing short of a marathon. What started as a tragic construction site accident in 2015 quickly spiraled into a decade-long legal saga – one that would climb the judicial ladder to the Supreme Court of Canada before making its way back down to the Ontario Court of Appeal for a final reckoning. At stake? The very definition of "owner" responsibility in the construction industry and whether such contracting parties could be held liable for the actions of contractors that were not under their day-to-day supervision or "control." This case wasn't just about the plight of one owner/municipality – it sent shockwaves through the construction and workplace safety sectors, forcing project owners, employers and regulators to rethink how they navigate workplace health and safety laws. Now, after years of legal twists and turns, the case has finally reached its conclusion. Read the full article by Michael Piaseczny, Sahil Shoor and Tushar Anandasagar.

BC Gives Airbnb, Vrbo an Extension on
Monitoring Illegal Short-term Rentals
The province is giving short-term-home-rental platforms like Airbnb and Vrbo a brief reprieve from new rules, after they requested an extension to complete work on changing their online systems to recognize illegal rentals. Homeowners using Airbnb and Vrbo are still required to register listings by May 1, and receive a provincial registration number. But the platforms will have until June 2 to stop the advertising of illegal listings and to block new posts from that host, under a decision announced on Wednesday. They will also have until June 23, instead of the previous deadline of June 1, to cancel bookings from hosts without a valid registration number. Read the Vancouver Sun article.

Disabled Adult Child Receives >50% of the Estate
Geluch v Geluch Estate, 2019 BCSC 2203 [Geluch] is a favourable plaintiff's case where the court determined that the disability of the plaintiff would justify a variation of the will. The plaintiff is a developmentally disabled adult with multiple health complications. The court held that the $15,000 bequest to her fell below the standard of a judicious parent, and that a variation was justified which would result in her receiving the residue of the estate.

The leading authority on wills variation in British Columbia is Tataryn v Tataryn, [1994] 2 S.C.R. 807 [Tataryn].

In cases decided after Tataryn, the court considers a number of factors as set out in Dunsdon v Dunsdon, 2012 BCSC 1274. Read the full article by Kaan D. Alkin with Watson Goepel LLP.

What Happens When an Attorney Breaches Fiduciary Duties
Under a POA? Insights From Holmes v. Modry
Are you an attorney or someone considering appointing one under a Power of Attorney (POA)? It is crucial to understand the legal responsibilities and risks associated with this role, especially when it comes to protecting financial assets. A POA is a legal tool that grants one person, the "attorney," the authority to manage financial and legal matters on behalf of another person, the "donor." Understanding the responsibilities of an attorney under a POA is critical, as these duties carry serious legal implications.

In British Columbia, an attorney appointed under a POA is bound by significant fiduciary duties designed to protect the donor from financial mismanagement, abuse, and conflicts of interest. The recent case of Holmes v. Modry, 2025 BCSC 430 (Holmes), in the BC Supreme Court serves as a stark reminder of the severe legal consequences that can arise when these responsibilities are breached, especially in cases where large sums of money are involved. Read the full article by Alexander Swabuk with Miller Thomson.