Quickscribe 2.0

A better way to research, track and collaborate on legislation.

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Amendments

Colour-coded amendment flags make it easy to determine when sections were last amended. Compare the full text of how the section read the day before the change came into law with one click!

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Annotations

Annotation tools allow you to post annotations throughout the legislation. Annotations can be saved as private (encrypted), organizational (only readable to those in your firm) or even shared with the QS community. The choice is up to you. Quickscribe's expert legal annotators will also contribute annotations for the benefit of all users.

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Our Panel of Experts

Quickscribe has hand-selected a number of respected legal professionals who will provide thoughtful commentary and legislative insight with links to relevant case law.

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Print PDFs

Quickscribe's popular PDF tools make it easy to print sections or entire laws on demand! These professional-looking PDFs can be saved to file and because Quickscribe's laws are updated weeks before any other source, you can have a fully consolidated hard copy law in your hands before anyone else!

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Collaborate

Quickscribe 2.0 allows you to collaborate and engage in high-level discussions on legislative topics with your peers. This tool is ideal for contributing to the overall knowledge management of your organization.

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Alerts

Stay informed! QS 2.0 includes a number of timely, detailed and fully customizable notification alerts for both upcoming and recent changes to laws of your choosing. Visit Alerts to learn more.

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Follow Threads on Laws

Stay engaged by receiving email alerts for recently added annotations to laws or sections of your choosing. You can even filter these to only receive alerts for new annotations made by fellow colleagues or our expert annotators.

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Save Time

It's the little things we have done that will save you time and enrich your legislation research experience.

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Historical Research Tools

QS 2.0 offers a number of historical legislation research tools that will save you time when researching how laws read at different points in history.

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Stay Ahead

Laws on QS are often updated weeks before any other source. Quickscribe also publishes early consolidation of certain laws as they will look when they come into force. These special consolidations are rarely found elsewhere.

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Select Hansard (Debates)

Quickscribe's Hansard references make it easy for you to determine the government's intent behind legislation.

Look for the [H] icon adjacent to a section that includes a Hansard (legislative debate) reference.

Tip: Visit the main Hansard page located on the left navigation bar to learn more.

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What Makes Quickscribe 2.0 Unique?

  • Most Current

    With Quickscribe, you'll never have to question whether you are accessing the most current version of a law again. QS 2.0 provides access to laws that are updated weeks before any other source. How do we do it? Our system was built with the flexibility to allow us to post changes the same day they come into law. In fact, as a convenience to our clients, Quickscribe will routinely post early consolidations of key laws prior to coming into force. These early consolidations are rarely, if ever, found elsewhere.

  • Dynamic Annotations

    Whether you want to contribute and engage in the legislative discussions or simply benefit from reading the annotations made by others, Quickscribe's annotations deliver dynamic, value-added content that will enrich your legislative research experience.

    Quickscribe's ever-growing panel of hand-selected expert annotators contributes annotations throughout the legislation for the benefit of all users.

    You may also add your own annotations and save them as private (encrypted), organizational (only readable to those in your firm) or even shared with the QS community (moderated). The choice is up to you.

  • PDF – on Demand!

    Have you ever been frustrated with the process of trying to print off individual sections or entire laws from other sites? Quickscribe's popular PDF tools make it easy to print off professional-quality PDF versions of selected sections or entire laws on demand! These PDFs can also be saved to file. Clients even have the option to print both the annotated and non-annotated versions of the law.

  • Custom Tracking/Alerts

    QS 2.0 includes a number of timely, detailed and fully customizable alerts that will notify you of both upcoming and recent changes to laws of your choosing. These popular alerts will ensure you keep informed of the very latest changes. Each alert will provide detailed information with a link to the new/proposed change. Quickscribe has gained a reputation for sending these notices sooner than any other service on the market. Visit our alerts page to learn how these alerts can work for you.

  • Historical Law Research Tools

    Access to historical legislation is important. Quickscribe excels at offering historical research tools that help you find what you are looking for quickly and efficiently.

  • Select Hansard - at section level!

    Quickscribe's Hansard feature makes it easy for you to determine statutory intent directly from the section being debated. Learn more.

  • Organizational KM Tools

    QS 2.0 allows you to share and contribute annotations and content for the benefit of others in your organization. Link building and document upload tools help to ensure annotations are dynamic and flexible enough to incorporate related documentation. Over time, these Organizational Annotations will add significant historical research value – a powerful contribution to the knowledge management of your organization.

Private Annotations

You can easily and securely create and save your own private annotations (PAs) throughout the legislation.

PAs are fully encrypted and can only be viewed by you. You can search, edit, manage and delete these as needed.

QS will even transfer your PAs over to a new account should you move to another organization. By default, all annotations are set to private.

Organizational Annotations

Organizational annotations (OAs) will help to facilitate collaborative discussion and awareness about legislative issues and cases that may be of interest to others in your organization.

OAs are fully encrypted and can only be read or shared by others in your organization. For larger organizations, OAs can be filtered and saved to subgroups. You can follow OAs posted by colleagues and reply to or share OAs within your organization at any time. Document upload and link-building tools make it easy to contribute to the Knowledge Management for your organization.

To save an annotation as an Organizational annotation, select "My Organization" when you go to save the annotation. The default is set to save annotations as Private.

Community Annotations

Quickscribe Community Annotations are posted for the benefit of all Quickscribe users. Saving your annotation as a QS Community (public) Annotation (QSCA) is a great way to share and contribute to the ever-growing, collaborative knowledge base that comprises all users.

For example, your research may have uncovered a valuable tip or reference to a case that might be of interest to others using Quickscribe. Other users may want to initiate a discussion relating to the interpretation of a vague reference in a proposed law. The Community annotations are intended to facilitate this type of content/discussion for the benefit of all users.

All QSCAs are moderated and reviewed prior to publishing. Portions of QS Community annotations may also be published to various public sites.

To save an annotation as an Organizational annotation, select "QS Community" when you go to save the annotation. The default is set to save annotations as Private.

What is an annotation?

Traditionally, an annotated law will include information about the application and intent behind the sections in a law. While many of the QS Community and Expert annotations will include these types of annotations, we have broadened the definition to also include references to:

By broadening the definition of an annotation, we can deliver a more dynamic, flexible and relevant research tool that will evolve over time and as laws change.

Types of Annotations

Quickscribe 2.0 offers you the ability to make and save annotations as Private (only readable by you) or Organizational (accessible to only those in your organization); both are encrypted. Annotations can also be posted to the Quickscribe Community. These are moderated and some restrictions apply. Quickscribe's Expert Annotators will contribute annotations for the benefit of all users.

In summary, an annotation is any note that offers additional substantive value for our users.

Annotations from our Quickscribe Experts

Sections 12 and 14 of the previous Consultation and Notification Regulation outlined the times within which any responses to notification and consultation must be received, noted in this section as the time after which obligations terminate.

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Anita Mathur, Anita Mathur on REQUIREMENTS FOR CONSULTATION AND NOTIFICATION REGULATION 50/2021

It is not clear if the limitation period on distributing the estate applies when no application has been made, or will ever be made, for a representation grant.

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Emma McArthur, Farris, Vaughan, Wills & Murphy LLP on WILLS, ESTATES AND SUCCESSION ACT(2016-05-03)

On judicial review of a bylaw that is alleged to fail the consistency requirement, the applicable standard of review is reasonableness. The bylaw quashing remedy in s. 623 of the Local Government Act is not an appeal provision that displaces the presumptive reasonableness stan...

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Bill Buholzer, Young Anderson on LOCAL GOVERNMENT ACT(2021-06-16)

A Defendant in a personal injury action, even where serious injuries are plead, does not have an automatic right to plaintiff’s pre-accident medical, clinical or pharmacology records.

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Erik Magraken, MacIsaac & Company on SUPREME COURT CIVIL RULES (B.C. Reg. 168/2009)

Bill 22 generated significant debate among independent offices, Indigenous leaders, substance use experts, and non-profit advocacy organizations. See, for example, the following statements.

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Laura Johnston, Health Justice on [2020 Bill 22] Mental Health Amendment Act, 2020

As with the definition of Employee, the definition of Employer will be accorded a liberal interpretation. The use of the word “includes” rather than “means” in its definition in the Employment Standards Act demonstrates that the Legislature has intentionally left this ...

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Daniel Sorensen, Sorensen Smith LLP on EMPLOYMENT STANDARDS ACT(2021-06-16)

On March 18, 2020, the Commercial Vehicle Safety Enforcement (CVSE) Branch of the Ministry of Transportation and Infrastructure (MOTI) issued NSC Bulletin #01-2020 to provide clarity regarding B.C.'s Hours of Service Regulations while providing relief during the COVID-19 pande...

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Karen Coverett, CVSE - Victoria (HQ) on MOTOR VEHICLE ACT REGULATIONS 26/58

Kenneth Glasner, Q.C. provides an overview and introduction to this Act in "New Arbitration Act Introduced in British Columbia" (2020)78 Advocate 361.

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Michael Bain, Q.C., Hamilton Howell Bain & Gould on ARBITRATION ACT

In upholding the lower court’s finding that the strata corporation was responsible to repair the railings of a limited common property roof deck, the Court of Appeal in Frank v. The Owners, Strata Plan LMS 355, 2017 BCCA 92, adopted the following about the definition of “r...

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Mary Brunton, Reed Pope Law Corporation on STRATA PROPERTY ACT

The Supreme Court of Canada considered the principle of effective representation and provincial electoral quotients in the Reference re Provincial Electoral Boundaries (Sask), [1991] 2 SCR 158.

McLachlin J for the majority (at pp. 183-184):

... the purpose of the right to vo...

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Rachel Roy, ALLEVATO QUAIL & ROY on

This provision is mandatory and there is no discretion to order payment to be made to someone other than the PGT. See 2019 BCCA 171 at paras 7 - 11.

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Dan Orsetti, Public Guardian And Trustee of British Columbia on WILLS, ESTATES AND SUCCESSION ACT(2020-04-05)

The Supreme Court of Canada allowed the appeal in British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, discussed above.

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Katherine Hardie, Human Rights Tribunal on HUMAN RIGHTS CODE

In the Architectural Institute of BC v. Langford (City) 2020 BCSC 801, the Supreme Court recently applied the standard of review test set out in the Supreme Court of Canada decision in Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65 (“Vavilov”).

T...

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Kathryn Stuart, Stewart McDannold Stuart on BUILDING ACT

A pecuniary interest, whether direct or indirect, cannot be inferred from the mere existence of a family relationship. In Fairbrass v. Hansma, 2010 BCCA 319, the court refused to find an indirect pecuniary interest on the part of the mayor in a vote on a rezoning bylaw. The ma...

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Michael Hargraves, Stewart McDannold Stuart on COMMUNITY CHARTER

Following the decision in Mortimer v. Bender, 2020 BCSC 483, a beneficiary or wills variation claimant must bring an application under this section to pursue a claim against the personal representative if the claim relates to the personal representative's conduct during the de...

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Stanley Rule, Sabey Rule LLP on WILLS, ESTATES AND SUCCESSION ACT

A pecuniary interest, whether direct or indirect, cannot be inferred from the mere existence of a family relationship. In Fairbrass v. Hansma, 2010 BCCA 319, the court refused to find an indirect pecuniary interest on the part of the mayor in a vote on a rezoning bylaw. The ma...

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Michael Hargraves, Stewart McDannold Stuart on COMMUNITY CHARTER

In Canaco Resources Inc. 2013 BCSECCOM 310, the commission dismissed allegations that the company and certain individuals failed to disclose drill results immediately as a material change in contravention of section 85 of the securities act and that certain individuals failed ...

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Teresa Tomchak, Farris, Vaughan, Wills & Murphy LLP on SECURITIES ACT(2021-03-24)

This section was applied by the court in the case of Al-Sabah Estate, 2015 BCSC 1781. In that case a grant of administration had issued to an administrator who was found to have failed to give proper notice to the beneficiaries and to have failed to advise the court of the he...

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Genevieve Taylor, Legacy Tax & Trust Lawyers LLP on WILLS, ESTATES AND SUCCESSION ACT

On March 18, 2020, the Commercial Vehicle Safety Enforcement (CVSE) Branch of the Ministry of Transportation and Infrastructure (MOTI) issued NSC Bulletin #01-2020 to provide clarity regarding B.C.'s Hours of Service Regulations while providing relief during the COVID-19 pande...

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Karen Coverett, CVSE - Victoria (HQ) on MOTOR VEHICLE ACT REGULATIONS 26/58(2020-04-30)

As with the definition of Employee, the definition of Employer will be accorded a liberal interpretation. The use of the word “includes” rather than “means” in its definition in the Employment Standards Act demonstrates that the Legislature has intentionally left this ...

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Daniel Sorensen, Sorensen Smith LLP on EMPLOYMENT STANDARDS ACT(2021-06-16)

The Act only contemplates the singular arbitration of disputes arising under an individual contract, with the exception of disputes falling within the ambit of s. 21. Section 21 indicates the legislature was alive to the specific issue of multi-party, multi-contract arbitrati...

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Laura Cundari, BLAKE, CASSELS & GRAYDON LLP on

A Defendant in a personal injury action, even where serious injuries are plead, does not have an automatic right to plaintiff’s pre-accident medical, clinical or pharmacology records.

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Erik Magraken, MacIsaac & Company on SUPREME COURT CIVIL RULES (B.C. Reg. 168/2009)

Wong v. Lok’s Martial Arts Centre Inc. [2009 BCSC 1385]: A child’s parent cannot effectively execute a pre-tort release on behalf of a minor.

Per Willcock, J.:

[60] I am of the opinion, however, reading the Infants Act [RSBC 1996] C. 223 as a whole that the legislature i...

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Jeff Young, Altman & Company on INFANTS ACT

It is not appropriate to take into account the benefit enjoyed by a remediating party in obtaining a Certificate of Compliance for its site in the fairness analysis under section 35(2)(f) of the CSR.

The Court of Appeal in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save...

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Richard Bereti, Harper Grey LLP on CONTAMINATED SITES REGULATION 375/96(2021-07-06)

section 15 under the previous Consultation and Notification Regulation

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Anita Mathur, Anita Mathur on REQUIREMENTS FOR CONSULTATION AND NOTIFICATION REGULATION 50/2021

the "other prescribed substances" are cited in Section 3 of the Oil and Gas Activities Act General Regulation (see link attached). These are water or steam used for geothermal activities or oil and gas activities, carbon dioxide, and liquid hydrocarbons.

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Anita Mathur, BC Oil & Gas Commission on OIL AND GAS ACTIVITIES ACT(2019-12-31)

“Occupational association” is defined in s. 1 of the Code to mean “an organization, other than a trade union or employers’ organization, in which membership is a prerequisite to carrying on a trade, occupation or profession”.

The Human Rights Tribunal has found the...

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Devyn Cousineau, Human Rights Tribunal on HUMAN RIGHTS CODE

Scott v. College of Massage Therapists of British Columbia, 2016 BCCA 180: Section 35 of the Health Professions Act permits an inquiry committee to impose limits or conditions on the practice of the designated health profession by the registrant or suspend the registration of ...

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Guy Brown, Harper Grey LLP on HEALTH PROFESSIONS ACT(2016-11-27)

WorkSafeBC September 2020 Consultation on Proposed Changes the Occupational Health and Safety Regulation

The proposed amendments to the OHS Regulation include changes to:

Part 6 Restricted intervals for pesticide application

Part 8 High visibility apparel

Part 8 Safet...

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Nancy Harwood, The Harwood Safety Group on OCCUPATIONAL HEALTH AND SAFETY REGULATION 296/97

This section should be taken at face value, which means that the 30-day period is unique to each member receiving a LITB. For example, if an administrator gets a "bounce back" and have to send out the statement again, the 30-day period does not start till the member actually g...

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Murray Campbell, Lawson Lundell LLP on PENSION BENEFITS STANDARDS REGULATION 71/2015

The recent decision of the Nisga'a Lisims Government v. Nisga'a Valley Health Authority 2017 BCSC 2363 involved a validation of a vote taken at a members' meeting of the Health Authority. The defect was that the Health Authority's Bylaws required a vote to be taken by a show ...

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Margaret Mason, Norton Rose Fulbright LLP on SOCIETIES ACT

The test for an interim order in an oppression proceeding is generally the same as the test for an interlocutory injunction. Where an applicant seeks a mandatory interlocutory injunction compelling a positive action, the applicant must establish a <strong prima facie case> of...

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Debby Cumberford, Deborah M. Cumberford on BUSINESS CORPORATIONS ACT

The Act only contemplates the singular arbitration of disputes arising under an individual contract, with the exception of disputes falling within the ambit of s. 21. Section 21 indicates the legislature was alive to the specific issue of multi-party, multi-contract arbitrati...

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Laura Cundari, BLAKE, CASSELS & GRAYDON LLP on

Effective August 1, 2017, the prescribed special projects will be specified in Section 9 of the Petroleum and Natural Gas General Regulation.

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Paul Wilson, Fasken Martineau on PETROLEUM AND NATURAL GAS ACT(2016-08-31)

In the Architectural Institute of BC v. Langford (City) 2020 BCSC 801, the Supreme Court recently applied the standard of review test set out in the Supreme Court of Canada decision in Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65 (“Vavilov”).

T...

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Kathryn Stuart, Stewart McDannold Stuart on ARCHITECTS ACT

This provision is mandatory and there is no discretion to order payment to be made to someone other than the PGT. See 2019 BCCA 171 at paras 7 - 11.

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Dan Orsetti, Public Guardian And Trustee of British Columbia on WILLS, ESTATES AND SUCCESSION ACT

Provisions in the Act which prohibit specific types of ipso facto clauses, such as this one, which invalidates clauses that grant an accelerated payment or forfeiture of term because of someone’s insolvency, do not oust the general common law “anti-deprivation” rule whic...

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Greg GEHLEN, GEHLEN DABBS LAWYERS on BANKRUPTCY AND INSOLVENCY ACT [FEDERAL]

Wong v. Lok’s Martial Arts Centre Inc. [2009 BCSC 1385]: A child’s parent cannot effectively execute a pre-tort release on behalf of a minor.

Per Willcock, J.:

[60] I am of the opinion, however, reading the Infants Act [RSBC 1996] C. 223 as a whole that the legislature i...

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Jeff Young, Altman & Company on INFANTS ACT(2018-12-02)

Provisions in the Act which prohibit specific types of ipso facto clauses, such as this one, which invalidates clauses that grant an accelerated payment or forfeiture of term because of someone’s filing of a Notice of Intention, do not oust the general common law “anti-dep...

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Greg GEHLEN, GEHLEN DABBS LAWYERS on BANKRUPTCY AND INSOLVENCY ACT [FEDERAL]

In Gautam v. South Coast British Columbia Transportation Authority, 2020 BCCA 135, the Court of Appeal concluded that the one-year limitation period in the Expropriation Act for claims of injurious affection is a rolling limitation period, so a plaintiff can only recover damag...

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OnPoint Legal Research, Onpoint Legal Research Law Corporation on EXPROPRIATION ACT

Section 79 of the Freedom of Information and Protection of Privacy Act (”FIPPA”) provides that, if a FIPPA provision is inconsistent or in conflict with a provision in another statute, the FIPPA provision prevails unless the other statute expressly provides that if applies...

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Eileen Vanderburgh, Alexander Holburn Beaudin + Lang LLP on FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT(2019-05-31)

Section 463 empowers a municipality to direct that a building permit be withheld for a 30-day period where it identifies a conflict between a proposed development and an OCP or a zoning bylaw under preparation, where preparation of the bylaw begins at least 7 days before the...

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Don Lidstone, Lidstone & Company Law Corporation LLP on LOCAL GOVERNMENT ACT

There is no adjudicative or investigative role for the registrar in an application for a timber mark under Section 85(1) of the Forest Act - the registrar has no discretion other than to require the applicant for a private land timber mark to provide evidence that the applican...

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Jeff Waatainen, DLA Piper LLP on FOREST ACT

The Court of Appeal quashed a decision of the Tribunal that denied legal representation on the basis that legal counsel could instead provide assistance anonymously and behind the scenes.

The constitutionality of the Civil Resolution Tribunal's limitation on legal representat...

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Melanie Harmer, McMillan LLP on CIVIL RESOLUTION TRIBUNAL ACT

It is not clear if the limitation period on distributing the estate applies when no application has been made, or will ever be made, for a representation grant.

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Emma McArthur, Farris, Vaughan, Wills & Murphy LLP on WILLS, ESTATES AND SUCCESSION ACT

Section 33 of the Builders Lien Act (BLA) sets out that an owner may serve on a lien claimant, a notice to commence an action to enforce the claim of lien and to register a certificate of pending litigation, within 21 days after service of the notice. In this case, the plainti...

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Christopher Hirst, Alexander Holburn Beaudin + Lang LLP on BUILDERS LIEN ACT

Section 35 does not provide the court with jurisdiction to order specific performance of existing easement rights. The remedy of specific performance "must be pursued by a traditional civil action" (para. 42).

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Peter Roberts, Lawson Lundell LLP on PROPERTY LAW ACT

The Workers Compensation Amendment Act, 2020, (Bill 23) received Royal Assent on August 14, 2020. The following summarizes the key changes to the occupational health and safety provisions of the WCA. The amendments are based on the Parr Report (commissioned by the Government ...

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Nancy Harwood, The Harwood Safety Group on WORKERS COMPENSATION ACT

“Occupational association” is defined in s. 1 of the Code to mean “an organization, other than a trade union or employers’ organization, in which membership is a prerequisite to carrying on a trade, occupation or profession”.

The Human Rights Tribunal has found the...

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Devyn Cousineau, Human Rights Tribunal on HUMAN RIGHTS CODE

Section 657(1) creates a redemption period and obliges a local government to give written notice of the sale and the expiry date of the redemption period to the registered owner of a property sold at a tax sale. The written notice must be sent no later than three months after ...

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Pam Jefcoat, Civic Legal LLP on LOCAL GOVERNMENT ACT

Before this was amended on September 16, 2019, the legislation required the person commencing proceedings to do so "in the name and on behalf of the personal representative of the deceased person." This sometimes led to the absurdity of the same person being named as both a pl...

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Stanley Rule, Sabey Rule LLP on WILLS, ESTATES AND SUCCESSION ACT

Section 20 of the Forest Act establishes the authority of the Timber Sale Manager to invite applications for a Timber Sale Licence ("TSL"). The Act does not fetter the Timber Sale Manager's discretion in that regard. There are no prescribed statutory pre-condition to invitin...

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Mark Oulton, Hunter Litigation Chambers on FOREST ACT

The term "specialized expertise" in this provision is not equivalent to "exclusive jurisdiction" over a dispute. On judicial review, the effect is that the deferential standard of review in s. 58(2) of the Administrative Tribunals Act (which applies to matters over which the C...

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Melanie Harmer, McMillan LLP on CIVIL RESOLUTION TRIBUNAL ACT

There is no adjudicative or investigative role for the registrar in an application for a timber mark under Section 85(1) of the Forest Act - the registrar has no discretion other than to require the applicant for a private land timber mark to provide evidence that the applican...

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Jeff Waatainen, DLA Piper LLP on FOREST ACT

This section was applied by the court in the case of Al-Sabah Estate, 2015 BCSC 1781. In that case a grant of administration had issued to an administrator who was found to have failed to give proper notice to the beneficiaries and to have failed to advise the court of the he...

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Genevieve Taylor, Legacy Tax & Trust Lawyers LLP on WILLS, ESTATES AND SUCCESSION ACT

In Robinson v. Hislop, [1980] B.C.J. No. 1878 (S.C.) the Court implicitly found that the care, supervision, and control provided by a psychiatric facility’s environment could constitute a form of treatment, particularly to meet the facility’s goal of ensuring the involunta...

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Laura Johnston, Health Justice on MENTAL HEALTH ACT

The recent decision of the Nisga'a Lisims Government v. Nisga'a Valley Health Authority 2017 BCSC 2363 involved a validation of a vote taken at a members' meeting of the Health Authority. The defect was that the Health Authority's Bylaws required a vote to be taken by a show ...

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Margaret Mason, Norton Rose Fulbright LLP on SOCIETIES ACT

The implications of this section are canvassed by Jennifer Bednard in "Will or Will Not: Practice Implications of Section 58 of the Wills, Estates and Succession Act Part I: What is a Testamentary Document Anyway?" (2020) 78 Advocate 527.

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Michael Bain, Q.C., Hamilton Howell Bain & Gould on WILLS, ESTATES AND SUCCESSION ACT

Section 35 is a "comprehensive code for the modification or cancellation of the interests in land identified in subsection (1)"(para. 40). It ousts the common law.

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Peter Roberts, Lawson Lundell LLP on PROPERTY LAW ACT

In Canaco Resources Inc. 2013 BCSECCOM 310, the commission dismissed allegations that the company and certain individuals failed to disclose drill results immediately as a material change in contravention of section 85 of the securities act and that certain individuals failed ...

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Teresa Tomchak, Farris, Vaughan, Wills & Murphy LLP on SECURITIES ACT

In Cambie Surgeries Corporation v British Columbia (Attorney General), 2020 BCCA 349 the appellants sought an interim order to prevent the Medical Services Commission from using the enforcement powers granted pursuant to sub-sections 21(2) and (3), 45.1 and 46(5.1) and (5.2) o...

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Kimberly Jakeman, Harper Grey LLP on MEDICARE PROTECTION ACT

Section 20 of the Forest Act establishes the authority of the Timber Sale Manager to invite applications for a Timber Sale Licence ("TSL"). The Act does not fetter the Timber Sale Manager's discretion in that regard. There are no prescribed statutory pre-condition to invitin...

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Mark Oulton, Hunter Litigation Chambers on FOREST ACT(2021-06-16)

As Rob Miller has correctly pointed out, there appears to be an issue with the wording in this section. The sentence likely should include "of the" between "portion" and "highway".

Because this wording is also reflected in the official source, the change may need to be made l...

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Michael Pasta, Quickscribe Services Ltd. on MOTOR VEHICLE ACT REGULATIONS 26/58(2021-06-29)

As Rob Miller has correctly pointed out, there appears to be an issue with the wording in this section. The sentence likely should include "of the" between "portion" and "highway".

Because this wording is also reflected in the official source, the change may need to be made l...

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Michael Pasta, Quickscribe Services Ltd. on MOTOR VEHICLE ACT REGULATIONS 26/58

On judicial review of a bylaw that is alleged to fail the consistency requirement, the applicable standard of review is reasonableness. The bylaw quashing remedy in s. 623 of the Local Government Act is not an appeal provision that displaces the presumptive reasonableness stan...

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Bill Buholzer, Young Anderson on LOCAL GOVERNMENT ACT

The ministerial power to expand a statutory definition does not necessarily mark the outer boundaries of what could be included by the terms of a statute itself. It is neither unusual nor inconsistent for a minister to be granted less power than the Legislature itself chose to...

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Robin Longe, Dentons LLP on MINERAL TENURE ACT

Assam Co. India Ltd. v. Canoro Resources Ltd., 2014 BCSC 370 at para. 42

Principles under this provision include that:

1. Broad deference and respect is to be accorded to international arbitration tribunals;

2. This Court is generally not empowered to scrutinize the arb...

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Joe McArthur, BLAKE, CASSELS & GRAYDON LLP on INTERNATIONAL COMMERCIAL ARBITRATION ACT

Scott v. College of Massage Therapists of British Columbia, 2016 BCCA 180: Section 35 of the Health Professions Act permits an inquiry committee to impose limits or conditions on the practice of the designated health profession by the registrant or suspend the registration of ...

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Guy Brown, Harper Grey LLP on HEALTH PROFESSIONS ACT

The Tribunal may apply s. 27(1) when a complaint is submitted for filing. Rule 12(2) of the Tribunal's Rules of Practice and Procedure is authorized under s. 27(1)(b) of the Code.

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Katherine Hardie, Human Rights Tribunal on HUMAN RIGHTS CODE

Section 6.31(3)(a) grants the chief gold commissioner the power to register notice of his or her order. It does not impose any requirement on him to do so, and deals with notice of an order, not the order itself.

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Robin Longe, Dentons LLP on MINERAL TENURE ACT

This section should be taken at face value, which means that the 30-day period is unique to each member receiving a LITB. For example, if an administrator gets a "bounce back" and have to send out the statement again, the 30-day period does not start till the member actually g...

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Murray Campbell, Lawson Lundell LLP on PENSION BENEFITS STANDARDS REGULATION 71/2015

Registry of qualified dentists: Verma v. The National Dental Examining Board of Canada, 2021 BCSC 255

In Verma v. The National Dental Examining Board of Canada, 2021 BCSC 255, the petitioner sought judicial review of an appeals panel decision regarding his clinical skills as...

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Kimberly Jakeman, Harper Grey LLP on HEALTH PROFESSIONS ACT

In Singh v Singh, 2020 BCCA 21, the Court of Appeal restricts the nature of the "other factors" that may be argued in favour of reapoprtionment. Justice Garson reviews the specific factors identified in section 95(2) and, applying the principles of statutory interpretation, co...

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John-Paul Boyd QC, John-Paul E. Boyd Arbitration Chambers on FAMILY LAW ACT

The Supreme Court of Canada considered the principle of effective representation and provincial electoral quotients in the Reference re Provincial Electoral Boundaries (Sask), [1991] 2 SCR 158.

McLachlin J for the majority (at pp. 183-184):

... the purpose of the right to vo...

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Rachel Roy, ALLEVATO QUAIL & ROY on

In Pure v. BC-Alta, 2019 BCSC 390, the Court confirmed previous case law authority (Chaston Construction Corp. v. Henderson Land Holdings (Canada) Ltd., 2002 BCCA 357 and Stanley Paulus Architect Inc. v. Windhill Holdings Ltd., 2014 BCSC 1816), which held that “architects an...

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Christopher Hirst, Alexander Holburn Beaudin + Lang LLP on BUILDERS LIEN ACT

Assam Co. India Ltd. v. Canoro Resources Ltd., 2014 BCSC 370 at para. 42

Principles under this provision include that:

1. Broad deference and respect is to be accorded to international arbitration tribunals;

2. This Court is generally not empowered to scrutinize the arb...

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Joe McArthur, BLAKE, CASSELS & GRAYDON LLP on INTERNATIONAL COMMERCIAL ARBITRATION ACT

Effective August 1, 2017, the prescribed special projects will be specified in Section 9 of the Petroleum and Natural Gas General Regulation.

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Paul Wilson, Fasken Martineau on PETROLEUM AND NATURAL GAS ACT

The question of whether a change in the use or appearance of common property is ‘significant’, thus engaging the need for ¾ vote approval, will turn on the facts. The case of Foley v. The Owners, Strata Plan VR 387, 2014 BCSC 1333, involving changes to a common property ...

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Mary Brunton, Reed Pope Law Corporation on STRATA PROPERTY ACT

In Ralph’s Auto Supply (B.C.) Ltd. v. Ken Ransford Holdings Ltd., 2020 BCCA 120, the Court of Appeal considered circumstances where an interlocutory injunction has been obtained and the underlying action is subsequently dismissed for want of prosecution. The Court of Appeal ...

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OnPoint Legal Research, Onpoint Legal Research Law Corporation on SUPREME COURT CIVIL RULES (B.C. Reg. 168/2009)

Section 463 empowers a municipality to direct that a building permit be withheld for a 30-day period where it identifies a conflict between a proposed development and an OCP or a zoning bylaw under preparation, where preparation of the bylaw begins at least 7 days before the...

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Don Lidstone, Lidstone & Company Law Corporation LLP on LOCAL GOVERNMENT ACT

In The Owners, Strata Plan BCS 435 v. Wong, 2020 BCSC 1972, the B.C. Supreme Court upheld a decision of the Civil Resolution Tribunal (“CRT”) which found that a reasonable person would not consider the Strata’s collection of personal information of overnight visitors app...

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Eileen Vanderburgh, Alexander Holburn Beaudin + Lang LLP on PERSONAL INFORMATION PROTECTION ACT

The test for an interim order in an oppression proceeding is generally the same as the test for an interlocutory injunction. Where an applicant seeks a mandatory interlocutory injunction compelling a positive action, the applicant must establish a <strong prima facie case> of...

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Debby Cumberford, Deborah M. Cumberford on BUSINESS CORPORATIONS ACT(2021-05-19)

In Singh v Singh, 2020 BCCA 21, the Court of Appeal restricts the nature of the "other factors" that may be argued in favour of reapoprtionment. Justice Garson reviews the specific factors identified in section 95(2) and, applying the principles of statutory interpretation, co...

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John-Paul Boyd QC, John-Paul E. Boyd Arbitration Chambers on FAMILY LAW ACT

It is not appropriate to take into account the benefit enjoyed by a remediating party in obtaining a Certificate of Compliance for its site in the fairness analysis under section 35(2)(f) of the CSR.

The Court of Appeal in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save...

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Richard Bereti, Harper Grey LLP on CONTAMINATED SITES REGULATION 375/96

the "other prescribed substances" are cited in Section 3 of the Oil and Gas Activities Act General Regulation (see link attached). These are water or steam used for geothermal activities or oil and gas activities, carbon dioxide, and liquid hydrocarbons.

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Anita Mathur, BC Oil & Gas Commission on OIL AND GAS ACTIVITIES ACT

Section 657(1) creates a redemption period and obliges a local government to give written notice of the sale and the expiry date of the redemption period to the registered owner of a property sold at a tax sale. The written notice must be sent no later than three months after ...

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Pam Jefcoat, Civic Legal LLP on LOCAL GOVERNMENT ACT(2021-03-24)