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2026: The View Ahead
The team at Quickscribe hopes you had a wonderful holiday season surrounded by friends and family.
As we kick off the first week of January, we are excited about several projects currently in the works – all designed to make it easier for you to interpret and track relevant legislation and related developments. Key initiatives for the upcoming year include:
We hope to have some of these projects completed when the new parliamentary session begins on February 12th. It is expected that the government's first priority will be to amend the Declaration on the Rights of Indigenous Peoples Act (DRIPA) following the recent Appeals Court ruling in British Columbia.
Quickscribe will continue to keep you updated on these and other critical legislative developments.
Happy New Year!
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No Repeals Planned for Housing-Related Legislation
A group of metro Vancouver mayors have asked the province to repeal various housing-related legislation, including:
The Housing Minister and Premier have said that the provincial government will not repeal the legislation. For more information, see the article in BIV.
Update on Bill M216 – PIBC Submission
The Planning Institute of British Columbia (PIBC) has submitted formal input on Bill M216 – Professional Reliance Act to the Select Standing Committee on Private Bills and Private Members' Bill. PIBC principally recommends:
THAT THE SELECT STANDING COMMITTEE ON PRIVATE BILLS AND PRIVATE MEMBERS' BILLS MOVE TO NOT PROCEED WITH BILL M216.
Separately, PIBC recommends that the Province, through the Ministry of Housing & Municipal Affairs collaborate with communities and key stakeholders, including PIBC, to accelerate implementation of integrated and effective development approvals process improvements for housing and to share best practices through expanded peer learning. In reviewing Bill M216, PIBC found five fundamental deficiencies: Read the PIBC news release.
Professional Reliance Act Proposal Ruffles Feathers
Bill M216, the Professional Reliance Act, has generated greater
interest than many members' bills, with its proposal on streamlining development approval procedures eliciting strong comments for and
against. What some of those comments represent is a more fundamental disagreement about the status of technical professionals and the meaning
of their work. For contractors, developers and registered technical professionals, just as much as for local government councils
and planning departments, a members' bill recently introduced into the BC Legislative Assembly is provoking not a little controversy and
interest. Read the full article published by Civic Legal LLP.
Proposed Water-infrastructure Fee Would Add to
Already High Building Costs: VIU Prof
The development cost charge is meant to pay for about 35 percent of nearly $2 billion in infrastructure spending to address the effects
of climate change and population growth on the water supply.
Greater Victoria's regional water commission is proposing that developers pay for nearly all of the cost of new water infrastructure for future growth in the region. But critics say a development cost charge for water infrastructure proposed by the Capital Regional District for new developments would add thousands of dollars in costs to every home built, further hampering construction during a slowdown in the building industry. Mark Holland, a planning professor at Vancouver Island University who is also a consultant for developers, said new projects are already being stalled by rising interest rates, high construction costs and charges levied by municipalities on new buildings, not to mention supply-chain issues. Read the Times Colonist article (paywall).
Independent Review Recommends
911 Legislative Reform
An independent review of 911 emergency communications service delivery in BC has concluded that the Province should "[implement] a
structured oversight framework and [take] more responsibility across the sector." This comes approximately one year after Premier David Eby, in
response to a UBCM resolution and local government concerns, announced an internal review of E-Comm and 911 service. The review (released
at the same time as an independent review focused specifically on E-Comm's operations), examined BC's 911 emergency communications service
delivery model and the role of the provincial government. It focused on three key components: governance, standards and funding. Several
service delivery options were evaluated based on their ability to ensure system capacity, financial sustainability, consistency of service
levels and access to services, and to meet future expectations and technological advancements. Read the UBCM article.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Development Charge (Instalments) Regulation (166/84)(formerly Development Cost Charge and Amenity Cost Charge (Instalments) Regulation) | Jan. 1/26 | by Reg 99/2025, Reg 161/2025 and Reg 239/2025 |
| Development Cost Charge Regulation (114/2018) | Jan. 1/26 | by Reg 190/2025 and Reg 248/2025 |
| Electrical Power Corporations Valuation Regulation (217/86) | Dec. 17/25 | by Reg 240/2025 |
| Eligible Port Property Designation Regulation (309/2010) | Dec. 15/25 | by Reg 236/2025 |
| Interpretation Act | Dec. 3/25 | by 2025 Bill 22, c. 32, sections 23 and 25 only (in force by Royal Assent), Statutes Act |
| Islands Trust Act | Jan. 1/26 | by 2025 Bill 13, c. 7, section 12 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2025 |
| Liquor Control and Licensing Regulation (241/2016) | Dec. 8/25 | by Reg 226/2025 |
| Local Elections Campaign Financing Act | Jan. 1/26 | by 2025 Bill 13, c. 7, sections 13 to 19 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2025 |
| Local Elections Campaign Financing Regulation (281/2021) | Jan. 1/26 | by Reg 203/2025 |
| Managed Forest Land and Cut Timber Values Regulation (90/2000) | Dec. 17/25 | by Reg 241/2025 |
| Port Land Valuation Regulation (304/2010) | Dec. 15/25 | by Reg 231/2025 |
| Railway and Pipeline Corporations Valuation Regulation (203/86) | Dec. 17/25 | by Reg 242/2025 |
| Railway, Pipeline, Electric Power and Telecommunications Corporation Rights of Way Valuation Regulation (218/86) | Dec. 17/25 | by Reg 243/2025 |
| Restricted-Use Property Valuation Regulation (236/2017) | Dec. 15/25 | by Reg 232/2025 |
| School Act | Jan. 1/26 | by 2025 Bill 13, c. 7, section 72 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2025 |
| School Tax Exemptions (Solar Power Projects) Regulation (225/2025) | NEW Dec. 31/25 |
see Reg 225/2025 |
| Short-Term Rental Accommodations Act | Dec. 15/25 | by 2025 Bill 25, c. 26, sections 35, 38, 39, 41, 42, 44, 46 and 50 only (in force by Reg 233/2025), Housing and Municipal Affairs Statutes Amendment Act, 2025 |
| Jan. 1/26 | by 2025 Bill 25, c. 26, section 34 only (in force by Royal Assent), Housing and Municipal Affairs Statutes Amendment Act, 2025 | |
| Short-Term Rental Accommodations Regulation (268/2023) | Dec. 4/25 | by Reg 224/2025 |
| Dec. 15/25 | by Reg 233/2025 | |
| Telecommunications Corporations Valuation Regulation (244/2025) | Dec. 17/25 | by Reg 244/2025 |
| Vancouver Charter | Jan. 1/26 | by 2025 Bill 13, c. 7, sections 48 to 60 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2025 |
The Cost of Inadvertent Settlement Offer Disclosure:
Technology Venture Corporation v The King
The Tax Court of Canada Rules (General Procedure)
provide that a party may be entitled to substantial indemnity costs if the party makes a settlement offer and ends up obtaining an outcome at
trial as favourable as or more favourable than that offer. In Technology Venture Corporation v The King (2025 TCC 157),
the appellant was denied substantial indemnity costs because the settlement offer, in addition to being sent to the respondent, had
inadvertently been sent to the Court.
Costs and settlement offers
Rule 147 grants the Court broad discretion to make costs awards. This power is discretionary, but not arbitrary; it must be exercised on a principled basis. Costs are intended to be compensatory and not punitive. Factors that the Court may consider are listed in rule 147(3), and include the result of the proceeding, the amounts in issue, the volume of work, the complexity of the issues, and any matter relevant to the question of costs.
Read the full article by Alexander Barnes with Thorsteinssons LLP.
Fiduciary Duties After the Deal: Lessons
from Megory Holdings
Purchasers often rely on the continued involvement of sellers to facilitate a seamless transition following a
business sale. But what happens when a seller, who remains with the business, undermines the very value of the business they sold?
The Supreme Court of British Columbia's decision in Megory Holdings Inc. v. ABZ Falling Inc., 2025 BCSC 2318, provides a cautionary example and guidance for enforcing post-closing fiduciary obligations. Read the full article by Emma Walsh, Maureen Gillis and Adam Goldenberg with McCarthy Tétrault LLP.
Employee Ownership Trusts (EOTs): What
Canadian Business Owners Need to Know
A strong business is built by its founders and
by its people. When it's time to sell the business, both founders and
employees deserve a future that reflects their contributions. That's why
staying informed about new tools and opportunities is essential in
today's business landscape.
How Canada's New ITC Provisions Work for Non-Taxable
Entities and Why It's Important
The
Canadian government's suite of refundable clean economy investment tax credits (ITCs) represents a shift in how large-scale decarbonization
projects in Canada will be financed. Crucially, these provisions extend the financial benefit of the credits to entities that are exempt from
income tax, unlocking capital for the national clean energy transition.
For the commercial real estate sector, particularly in the high-emissions environment of Canada's major urban centres, this change is not just welcome – it is important for accelerating the necessary decarbonization of office towers. Read the full article by Laura Gheorghiu, Mark Giavedoni and Thomas J. Timmins with Gowling WLG.
B.C. Accountant Agrees to U.S. Court Settlement over
Alleged Role in $150 Million Stock Frauds
A B.C. accountant has agreed to a court settlement with the U.S. Securities and Exchange Commission over his
alleged role in two pump-and-dump stock schemes that pocketed more than US$150 million.
In a civil case in the U.S. District Court for the Southern District of New York, the SEC alleged that from at least April 2010 to October 2019, George John Drazenovic, a licensed accountant in B.C., assisted penny stock fraud schemes by at least two distinct groups.
Without admitting or denying the allegations, Drazenovic signed a settlement agreement subject to the approval of the court, according to information released by the SEC. Read the Vancouver Sun article.
The Limits to Proxy Disqualification and Chair Deference in AGMs:
Skychain Offers Fresh Insight on Advance Notice Provisions
The Supreme Court of British Columbia recently released its decision in 1154557 B.C. Limited v. Skychain Technologies Inc.,
a case in which the court addressed the invalidation of shareholder proxies in connection with a contested annual general meeting, and
provided guidance on interpreting advance notice provisions in company articles or by-laws, the procedural fairness owed to shareholders, and
limits on the deference owed to the chair of a shareholder meeting.
Background
Skychain Technologies Inc. faced significant shareholder unrest following a period of financial losses, management turnover, and a shift in business strategy. Dissident shareholders of Skychain, including 1154557 B.C. Limited (the Petitioner), sought to replace Skychain's board by nominating an alternative slate of directors at Skychain's 2024 annual general meeting (the AGM). The Petitioner gave notice pursuant to the advance notice provisions in Skychain's articles of incorporation with details of its board candidates and issued a dissident proxy circular soliciting "yellow proxies" in support of its slate.Skychain's management, citing alleged deficiencies in the dissident group's advance nomination notice – specifically, an alleged failure to disclose arrangements with other shareholders and connections to a former Skychain CEO – declared invalid the yellow proxies, which represented a majority of the voting shares of Skychain. As a result, management's slate of directors was acclaimed.
Read the full article by Trevor Zeyl and Viktor Hohlacov with Norton Rose Fulbright.
Favourable Changes to the Voluntary Disclosures
Program for Non-Compliant Taxpayers
The Canada Revenue Agency (the "CRA") administers the Voluntary Disclosures Program ("VDP") to grant penalty
and/or interest relief to taxpayers who voluntarily disclose errors or omissions in their past tax filings and pay the taxes owing, provided
they meet the eligibility requirements of the program. These requirements are set out in the CRA's Information Circular IC00-1R7 (for income tax) and GST/HST Memorandum 16-5-1 (for GST/HST and certain other taxes).
Effective October 1, 2025, the CRA changed the requirements of the VDP, making the program more favourable to taxpayers. The key changes to the program are outlined below. Read the full article by Elizabeth Egberts with Thorsteinssons LLP.
The Wait Is (Still Not) Over: British Columbia Introduces New Restricted
Licence Regime for Incidental Sales of Insurance for January 2027
The Government of British Columbia has published the Restricted Insurance Agent Licence Regulation,
introducing a new restricted licensing framework for businesses that sell insurance incidentally to their primary goods or services. Certain
non-insurance businesses previously exempt from licensure must now apply for a Restricted Insurance Agency (RIA) Licence to continue selling
eligible insurance products.to sell insurance products. The new regime will take effect January 1, 2027.
This change represents a significant shift for many non insurance businesses that offer add-on insurance with their products. It aligns BC's requirements with comparable regimes in Alberta, Saskatchewan, Manitoba and New Brunswick, and introduces new training, oversight and transparency standards for incidental insurance distribution. Read the full article by Rick Da Costa and Surajreet Singh with Borden Ladner Gervais LLP.
Updates to BC Sales Taxes
The following updates to sales taxes were recently posted:
Provincial sales tax (includes municipal and regional district tax)
For more information, visit the BC government website.
BC Securities – Policies & Instruments
The following policies and instruments were recently published on the BCSC website:
For more information, visit the BC Securities website.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Business Practices and Consumer Protection Act | Dec. 3/25 | by 2025 Bill 38, c. 31, sections 8, 9 and 12 only (in force by Royal Assent), Business Practices and Consumer Protection Amendment Act (No. 2), 2025 |
| Financial Institutions Act | Dec. 18/25 | by by 2019 Bill 37, c. 39, section 60 (part) only (in force by Reg 247/2025), Financial Institutions Amendment Act, 2019 |
| Jan. 1/26 | by 2019 Bill 37, c. 39, section 19 only (in force by Reg 117/2025), Financial Institutions Amendment Act, 2019 | |
| Insurance Council Regulation (569/2004) | Dec. 18/25 | by Reg 247/2025 |
| National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (226A/2009) | Jan. 1/26 | by Reg 249/2025 |
BC Announces Support for Western Forest
Products and Island Timber Frame
Through the Look West economic strategy, two
Vancouver Island wood-product manufacturers will soon be able to produce more, higher-value products, including mass-timber products and inputs,
with new funding that will help protect and create sustainable jobs, and reinforce British Columbia's supply chains.
Western Forest Products' value-added division in Chemainus, through the Province's BC Manufacturing Jobs Fund (BCMJF), is receiving as much as $7.5 million to add two new continuous dry kilns to its manufacturing operations. By improving drying precision, these kilns allow Western to expand high-value applications for second-growth western hemlock, including in future mass-timber inputs. This support increases the stability of its operation and harvesting operations on Vancouver Island. Read the full article published by Canadian Forest Industries (paywall).
Recent Legislative Developments Relating to Greenwashing
and Environmental Claims in Canada
As we approach the end of 2025, there are some legislative developments of note in the greenwashing space.
Federal Bill C-15
On November 18, 2025, the federal government introduced Bill C-15 as part of its efforts to advance its "Climate Competitiveness Strategy" outlined in the 2025 Federal Budget. Bill C-15 amends the "anti-greenwashing" provisions originally set out in Bill C-59, enacted in June 2024.In an effort to clarify the Competition Act's greenwashing rules, Bill C-15 eases some of the standards imposed by Bill C-59, particularly around substantiation requirements for business-related environmental claims and private enforcement in respect of those matters.
Read the full article by Bill Gilliland and Nada Farag with Dentons.
Professional Forestry Leadership
Forest Professionals British Columbia has formalized a previously undefined area of professional practice:
Professional Forestry Leadership. Since the inception of the Foresters Act, and now under the Professional Governance Act,
the practice of forestry has shifted and grown. Whereas our profession was once based almost exclusively in the field, it now spans many
different variations and applications of foundational forestry knowledge. The Professional Forestry Leadership area of practice carries
a particular weight: it demands a high level of responsibility with regards to judgment, ethical awareness, accountability to the public. It
may be reflected in policy, in practice, or in academia, but it is a unique set of skills and knowledge that represent a significant cohort
of our professional base. By naming it and giving structure to the parameters of what it means for professional forestry, BC's regulatory
framework strengthens its reliance on forest professionals, and their accountability and protection of the public interest – while providing
registrants with clear professional practice guidance.
A professional area of practice is one in which registered professionals may perform certain decisions, advice, or tasks. It is how we self-identify our areas of competence and provide the public with equal understanding. Read the full article by Tara Bergeson in the Winter 2026 issue of BC Forest Professional.
Government Actions Regulation Order
The following order was recently posted and signed under the authority of the Government Actions Regulation 582/2004 impacting Ungulate Winter Ranges:
Notice is hereby given that Ungulate Winter Ranges (UWRs) U-4-003 and U-4-004 in the Rocky Mountain Natural Resource District and Selkirk Natural Resource District are established for bighorn sheep in the Kootenay Boundary Region. The Order was signed on December 19, 2025 under the authority of sections 9(2) and 12(1) of the Government Actions Regulation (B.C. Reg. 281/2023) of the Forest and Range Practices Act and section 31 of the Environmental Protection and Management Regulation (B.C. Reg. 219/2024) of the Energy Resource Activities Act.
Details of the Order may be obtained from the Ecosystems Section, Kootenay Boundary Region, Ministry of Water, Land and Resource Stewardship, No. 401 - 333 Victoria Street, Nelson, BC V1L 4K3.
The Government Actions Regulation Order, accompanying maps, and spatial files may also be obtained from: https://www.env.gov.bc.ca/wld/frpa/uwr/approved_uwr.html [de24]
The Consequences of Canada's Climate Backslide
With Canada in the throes of an about-face on climate policies, advocates say the shift could jeopardize the viability
of Canada's climate agenda.
The federal government's recent memorandum of understanding with Alberta included a deal to build a new crude oil pipeline, suspend clean electricity regulations in the province, and scrap the cap on oil and gas emissions.
This comes after a slew of policies that reverse Canada's previous climate commitments, including the consumer carbon price, anti-greenwashing legislation, and measures aimed at supporting household electrification, such as the Canada Greener Homes Loan Program. Read the full article by Moira Donovan in the CBA National.
Federal Plastics Registry: Key Updates for 2026
Environment and Climate Change Canada (ECCC) has announced a delay to Phases 2 and 3 of reporting under the Federal
Plastics Registry (Registry), giving businesses more time to prepare and improve data quality. Phase 1 remains in effect, and late reporting is
still accepted, though enforcement actions are being considered. The amended Section 46 notice reflecting these changes will be published in
the Canada Gazette in 2026. Businesses should use this time to strengthen internal reporting systems, engage suppliers, and monitor
regulatory updates. Read the full article by Ingrid Anton and Victoria Asikis with Norton Rose Fulbright Canada LLP.
Drift Logs Destroying Intertidal
Ecosystems in B.C., Study Finds
A new study by biologists at the University of Victoria has revealed why the simple back-and-forth motion of drift logs
on B.C. beaches has destroyed critical ecosystems that keep the ocean healthy.
Visitors to most beaches on the West Coast will quickly notice the free-floating drift logs that have washed up onto shore.
When the tides go out the logs go with them, and when they come in the logs crash onto rocks and beaches. Read the CBC article.
Environmental Appeal Board Decisions
The following Environmental Appeal Board decisions were made recently:
Visit the Environmental Appeal Board website for more information.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Drainage, Ditch and Dike Act | Dec. 3/25 | by 2025 Bill 22, c. 32, section 20 only (in force by Royal Assent), Statutes Act |
| Forest and Range Practices Act | Jan. 1/26 | by 2019 Bill 21, c. 25, section 5 only (in force by Reg 163/2023), Forest and Range Practices Amendment Act, 2019 |
| Forest Planning and Practices Regulation (14/2004) | Jan. 1/26 | by Reg 163/2023 |
| Low Carbon Fuels (Technical) Regulation (295/2023) | Jan. 1/26 | by Reg 24/2025 |
| Reviewable Projects Regulation (243/2019) | Dec. 15/25 | by Reg 237/2025 |
Detainees Under BC's Mental Health Act Now Entitled
to Meet Independent Rights Adviser
The British Columbia government has announced
that individuals undergoing a mental health crisis have a legal right to communicate with an independent rights adviser, now that amendments to
BC's Mental Health Act, 1996, have entered into force.
The Mental Health Act permits the relevant authorities to involuntarily detain, admit, and treat or care for those with severe mental health disorders at designated mental health facilities to prevent their substantial mental or physical deterioration, protect them from themselves, or protect others. Read the full article by Bernise Carolino in the Canadian Lawyer.
New Safe Supply Rules Take Effect
in B.C., with Mixed Reactions
New restrictions to British Columbia's safe supply program are now in effect.
Some addictions specialists worry the changes will push people back to toxic street drugs, while others say the changes were long overdue.
"A majority of our clients haven't had an issue with the changes," said Jake Flood, operations manager at the Umbrella Society, a Victoria-based non-profit that connects people to treatment and recovery services.
Those changes – to further restrict access to the province's prescription opioid program or safe supply – rolled out Dec. 30. Now, most patients who take prescription opioids such as hydromorphone or fentanyl patches will have to do so under the supervision of a pharmacist or health professional. Read the CBC article.
Province Provides Second Report on Community-Based
Primary Care Services
As part of the Cooperation and Responsible Government Accord 2025 (CARGA), the Province and BC Green Caucus are
releasing the second of two reports highlighting shared findings and recommendations to strengthen primary care throughout British Columbia.
The second report highlights feedback shared by partners during engagement sessions led by the Ministry of Health and the British Columbia Association of Community Health Centres. The report details challenges that affect the expansion and effectiveness of primary care in B.C., particularly community health centres (CHCs). Read the government news release.
'Lost Economic Output': Medical Wait Times in
Canada Still at 28.6 Weeks in 2025
Canadian patients are still facing months‑long delays for medically necessary care, with direct implications for
employers and HR leaders managing absence, disability and benefit costs, according to a new Fraser Institute study.
The median wait between referral from a general practitioner (GP) and receipt of treatment is 28.6 weeks, down from 30.0 weeks in 2024.
However, the 2025 data are still "208 per cent longer than the 9.3 week wait Canadian patients could expect in 1993." Read the full article by Jim Wilson in the Canadian HRReporter.
BC Court of Appeal Dismisses Proposed Privacy Class Action; Finds Use of
Professionals' Names Was Not Commercial Exploitation
In RateMDs Inc. v. Bleuler, 2025 BCCA 329,
the BC Court of Appeal overturned certification of a proposed privacy class action, finding that the plaintiff's novel claims that use of
health professionals' names violated their privacy and amounted to commercial exploitation under provincial privacy statutes were bound to
fail. This decision reaffirms the BC courts' commitment to screening out novel claims that are bound to fail at certification. There is no
justification for engaging significant court and party resources to litigate claims that have no prospect of success simply because they are
novel.
The plaintiff in RateMDs alleged that the defendant's use of health professionals' names and contact information to create profiles about them on its website, under which patients could post reviews, was a violation of the health professionals' privacy and an unauthorized use of their names for commercial purposes, giving rise to claims under ss. 1 and 3(2) of the BC Privacy Act and comparable privacy legislation in other provinces. Read the full article by Katherine Booth and Nina Butz with Bennett Jones LLP.
Supreme Court Restores Woman's Conviction for
Mother's Attempted Murder with Insulin
The decision sidesteps an attempt to put a bright line between murder and assisted suicide
The Supreme Court of Canada has restored an attempted murder conviction in a case involving an apparent attempted
murder-suicide with a Toronto nurse, her mother and daughter.
The 6-3 decision sidestepped an attempt to put a bright line between murder and assisted suicide. It included a partial dissent centred on jury instructions and the air of reality of a theory that the trial judge did not raise in those instructions.
In June of 2019, B.F., her mother I.F., and daughter E were all found unconscious with five emptied insulin pens nearby. B.F. and I.F. made full recoveries, but E suffered permanent brain damage and irreparable damage to other organs, and will require medical care for the rest of her life. Read the full article by Dale Smith in the CBA National.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Drug Schedules Regulation (9/98) | Dec. 15/25 | by Reg 238/2025 |
| Mental Health Act | Dec. 3/25 | by 2022 Bill 23, c. 17, sections 1 to 8 only (in force by Reg 157/2025), Mental Health Act |
| by 2025 Bill 32, c. 28, sections 1 and 2 only (in force by Royal Assent), Mental Health Amendment Act (No. 2), 2025 | ||
| Mental Health Regulation (233/99) | Dec. 3/25 | by Reg 157/2025 |
| Dec. 15/25 | by Reg 234/2025 | |
| Vaping Product Damages and Health Care Costs Recovery Act | NEW Dec. 3/25 |
c. 29, SBC 2025, Bill 24, whole Act in force by Royal Assent |
Dec. 12: New Leaves Take Effect
As of today, Dec. 12, 2025, federally regulated
employees have new protections around pregnancy loss and the death of a child, and employers face sharper compliance obligations and penalties
if they fail to deliver them.
Key amendments to Part III of the Canada Labour Code are now in effect, and the changes significantly expand leave entitlements while raising the stakes for non‑compliance through new administrative monetary penalties.
Also of note to employers: new record-keeping obligations are taking effect. Read the full article by Sarah Dobson in the Canadian HRReporter.
Wrongful Dismissal During Probation:
Key Lessons for Employers
In Liivam v. MacKay Contracting Ltd., 2025 BCSC 582,
the British Columbia Supreme Court (the "Supreme Court") held the employer wrongfully dismissed an employee during the employee's
probationary period. The Supreme Court held that the employer did not give the employee a reasonable opportunity to display his suitability
for the position and made its decision on the basis of allegations that were not properly investigated.
In this case, the plaintiff was employed by the defendant, MacKay Contracting Ltd. (the "Defendant MacKay"), as a Site Supervisor on a construction site in Cuba. The Defendant MacKay contracted with the defendant, Sherritt International Corporation (the "Defendant Sherritt"), to provide on-site construction management, supervision and other services. The Defendant MacKay's contract with the Defendant Sherritt included a number of policies, including a "Deportment Policy". Their agreement also included a separate document titled "Special Terms and Conditions". Read the full article by Tiffany Lee with Pushor Mitchell LLP.
Minimum Rates Increase Dec. 31 for
Hand-Harvest Farm Workers
The minimum piece rates for hand harvesting of specified farm crops will increase by 2.6% on Wednesday, Dec. 31, 2025.
The increase applies to 15 agricultural crops harvested by hand, as specified in the Employment Standards Regulation. The hand-harvested crops are peaches, apricots, brussels sprouts, daffodils, mushrooms, apples, beans, blueberries, cherries, grapes, pears, peas, prune plums, raspberries and strawberries.
This is an annual increase based on B.C.'s average annual inflation rate in 2024 and is consistent with the 2.6% increase to the general minimum hourly wage that came into effect June 1, 2025.
After legislative changes were made to the Employment Standards Act in spring 2025, increases to the general minimum wage for piece rates will come into effect each year on Dec. 31, based on the previous year's average inflation rate. Read the government news release for additional details.
Why Remote Workers Keep Winning in
Employment Law Disputes
Employers hoped remote work would vanish with the pandemic. Employees quietly built their lives around it. Courts,
meanwhile, have started defining its legal boundaries – often in ways employers never anticipated.
Across Canada, companies pushing sudden return-to-office mandates are colliding with employees who now view remote work as a contractual right – and in most cases it is.
Surveillance software has become the new battleground. Documentation – or the lack of it – is deciding dismissals. And judges are increasingly skeptical of employers who change major work terms without explanation.
This three-part package explains:
Read the article by Howard Levitt in the Financial Post.
While Pre-Planning Was Limited, Ombudsperson Investigation Finds
Speed of Provincial Government Delivery of Social Assistance
Cheques During 2024 Postal Strike Was Reasonable
The BC Ombudsperson released a report today outlining the results of his office's investigation into the Ministry of
Social Development and Poverty Reduction's distribution of income and disability assistance cheques during the 2024 Canada Post strike.
The report, Stamp of Approval: Delivering income and assistance cheques during a postal strike, finds that while imperfect, the ministry's response to the strike was satisfactory and assistance payments were delivered in a timely manner. Read the report from the Office of the Ombudsperson.
B.C. Maintains Status Quo on Public Sector
Workers Going Back to Office Full-Time
Monday [Jan. 5] was the first day in Ontario that public sector workers must return to the office five days a week,
prompting questions in B.C. about remote work options for civil servants.
"We're seeing a revitalization of rural communities where people can live and work for lower cost of living," Paul Finch, president of the BCGEU, told Global News.
The BC NDP government has not announced any plans to mandate civil servants back to work five days a week, but the Opposition says it's time. Read the Global News article.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Employment and Assistance Regulation (263/2002) | Dec. 1/25 | by Reg 197/2025 |
| Employment and Assistance for Persons with Disabilities Regulation (265/2002) | Dec. 1/25 | by Reg 194/2025 and Reg 197/2025 |
| Public Service Labour Relations Act | Dec. 3/25 | by 2025 Bill 22, c. 32, section 27 only (in force by Royal Assent), Statutes Act |
Public Notice – 60-Day Consultation for New Editions of
CSA B620, CSA B621 and CSA B622
The Canadian Standards Association (CSA) has released the drafts of
the update to safety standards CSA B620, CSA B621 and CSA B622 for a 60-day consultation period. The consultation is open from November 28,
2025, to January 27, 2026. Once the safety standards have been finalized and published, a notice will be issued specifying the coming into force
date of the updated standards.
Scope of the consultation
Safety standard CSA B620 sets out the requirements for the design, manufacture, assembly, modification, inspection, testing and repair of highway and TC portable tanks. The standard also prescribes registration requirements by Transport Canada (TC) of facilities, training organizations, design engineers and design review agencies for conducting the activities within the scope of the standard. Safety standard CSA B621 sets out the selection and use requirements for highway and TC portable tanks transporting dangerous goods of Class 3, 4, 5, 6.1, 8, and 9. Safety standard CSA B622 sets out the selection and use requirements for highway and TC portable tanks transporting dangerous goods of Class 2.
Read the full notice published by Transport Canada.
BC Transit Files $5 Million Lawsuit Claiming
It Received 206 Leaky Buses
Claim filed in B.C. Supreme Court alleges Vicinity Motor (Bus) Corp., now bankrupt, delivered defective buses and failed to repair them or
compensate the bus company
BC Transit has filed a lawsuit against a bus manufacturer, saying it faces a $5.2 million repair bill to fix 206 leaky buses. The publicly owned transit company that runs buses across much of BC alleges the Vicinity Motor (Bus) Corp. breached its contract to properly design or manufacture the low-floor buses to withstand B.C.'s rainy season, according to the lawsuit filed in B.C. Supreme Court on Dec. 23. A water test was to be applied to each bus to simulate western BC rain conditions and the daily vehicle wash cycle, according to the claim. Read the full article published by the Vancouver Sun.
Preparing for Winter Roadside Emergencies
For workers who drive on the job, getting stuck, stranded, or delayed can be challenging at the best of times. But in winter, these roadside
emergencies can be life-threatening, especially for workers who drive alone or in remote areas. The causes can range from poor road conditions and crashes to
mechanical failures and avalanche clearing. Whatever the cause, these emergencies can expose workers to passing vehicles, extreme cold, carbon
monoxide, wildlife, and other hazards. "Roadside emergencies definitely happen," says Trace Acres, program director for Road Safety at Work. "And a lot of highway maintenance
contractors will tell you they see people stranded who are simply not prepared for the conditions." Read the full article by Michael Laycock, published in WorkSafe Magazine – Winter 2025.
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
Applications Received
Application Decisions
Visit the Passenger Transportation Board website for more information.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Motor Vehicle Act Regulations (26/58) | Dec. 15/25 | by Reg 235/2025 |
WorkSafeBC Board of Directors Approves Amendments
to the Occupational Health and Safety Regulation and
the Prevention Manual
– from WorkSafeBC
At its November 2025 meeting, WorkSafeBC's Board of Directors
approved amendments to the Occupational Health and Safety Regulation and
the Prevention Manual. The amendments relate to Combustible Dusts and Standards Updates.
Strikethrough versions of the amendments with explanatory notes can be
accessed below. Deletions in the regulatory amendments are identified
with a strikethrough and additions are in bold text and highlighted in yellow.
Drones, Done Safely: Practical Ways RPAS
Reduce Risk in BC Forestry
Forestry is full of places where people would rather not traverse:
steep, broken slopes; active cable corridors; fire-damaged blocks where snags and ash pits wait underfoot. Small uncrewed aircraft, also known
as drones or RPAS, are already shifting who needs to be there and for how long. When they're integrated with solid procedures and flown in
compliance with Transport Canada's aviation rules, drones are proving to be a simple, practical way to cut exposure and improve decision-making
on forestry blocks. The clearest safety win is during line work and layout on steep ground. Instead of sending a crew across gullies and bluffs to pull
light messenger line, a drone can lift and place a quarter-inch rope along a planned corridor in minutes. That reduces the time people spend
traversing hazardous terrain and keeps them out of the fall line. The drone doesn't replace a qualified crew though; it minimizes where the
riskiest minutes happen. Operators stage from stable ground with clear egress, while the aircraft effortlessly does the scrambling. Read the full article by Taylor Alexander, published in the December issue of Forest Safety Newsletter.
WorkSafeBC BOD Decision: Duration of
Benefits (Retirement Age)
– from WorkSafeBC
On November 14, 2025, WorkSafeBC's Board of Directors revised
policies in the Rehabilitation Services & Claims Manual, Volume II concerning retirement date determinations under section 201 of the
Workers Compensation Act. The policy revisions add a
reference to the
general evidence policies and reword the guidance for workers who are 63
years of age and older on the date of injury to more closely match the
policy for workers under 63. The revised policies apply to all
decisions, including appellate decisions, made on or after February 1,
2026.
WorkSafeBC BOD Decision: Commutations
– from WorkSafeBC
On
November 14, 2025, the Board of Directors revised policy on
commutations in the Rehabilitation Services & Claims Manual, Volume
II. The primary change is to increase the monetary threshold for when
periodic payments for permanent disability benefits can be automatically
commuted to a lump sum payment from $200 to $350. The revised policy
applies to all decisions made on or after February 1, 2026.
Supporting Workers for Successful Returns
Returning to work after a workplace injury is a collaborative process
that supports worker recovery while maintaining productivity and morale. A successful return involves early communication, empathy,
planning, and cooperation among employers and workers. When a worker is injured, the focus naturally shifts to recovery. But for many employers, what happens next can feel uncertain and a little
daunting. The good news is that the return-to-work experience can be a positive one for workers and employers. With the right approach, it becomes a
practical, supportive, and repeatable process that helps injured workers recover and stay connected, while also maintaining productivity and
morale. Read the full article by Marnie Douglas, published in WorkSafe Magazine – Winter 2025.
Extreme Cold Events and Planning for Worker Safety
Winter
officially begins December 21st, and with it brings plunging
temperatures, snow, ice and frosty winds that can increase risks for
workers. In addition to extremely cold temperatures, wet, cool
conditions also pose a significant risk of cold stress and hypothermia.
Between 2013 and 2023, there were 167 accepted claims for short-term
or long-term disability benefits for injuries related to cold stress in
BC, including frostbite, hypothermia and abrasions. More work-related
motor vehicle crashes occur in November, December and January than in
any other three-month period. Read the full article published in the December issue of Forest Safety Newsletter.
WorkSafeBC BOD Decision: Mental Disorders
– from WorkSafeBC
On November 14, 2025, WorkSafeBC's Board of Directors revised
policies in the Rehabilitation Services & Claims Manual, Volume II concerning mental disorder claims under section 135 of the Workers
Compensation Act. The policy revisions change the definition of
significant work-related stressor and provide guidance on the limits of
the labour relations exclusion. The revised policies apply to all
decisions, including appellate decisions, made on or after March 2,
2026.
Guidelines – Workers Compensation Act
January 1, 2026
Editorial revisions were made to the following guideline to reflect CPI adjustments:
Policies – Workers Compensation Act
January 1, 2026
The following policies were updated to reflect CPI adjustments, effective January 1, 2026:
Visit the WorkSafeBC website to explore this and previous updates.
| Act or Regulation Affected | Effective Date | Amendment Information |
| There were no amendments this month. | ||
BC Supreme Court Restrains City of Kelowna
from TerminatingLease in the Midst of
Real-Estate-Development Dispute
350 Doyle Avenue Holdings Inc. v City of Kelowna, 2025 BCSC 2532,
concerned an application "for an interlocutory or, alternatively, interim injunction preventing the defendant, the City of Kelowna . . .,
from terminating a 99-year lease for property located in downtown Kelowna". The case involved three conjoined actions over a large-scale
real-estate development and the decision to grant an injunction largely turned on the plaintiff's ability to demonstrate irreparable harm if its
request for a pre-trial injunction were refused. The underlying action concerned a mixed-use tower, which the plaintiff proposed to build in downtown Kelowna. After granting the
plaintiff a development permit, the City of Kelowna changed course and rescinded its permit. In short order, the "underlying action was
commenced in February of 2024, and is grounded in breach of contract; that is, a breach of the 99-year lease, and misfeasance in public
office". Read the full article by Kevin Zakreski with BCLI.
BC Appeal Court Dismisses Appeal by Short-term
Rental Owners over Restrictions
Dozens of owners of short-term rentals
in Victoria who lost a bid in
B.C. Supreme Court to be exempted from or compensated for provincial
restrictions on their businesses have also lost in a higher court. The
B.C. Court of Appeal has dismissed an appeal by the Westcoast
Association of Property Rights and individual owner Angela Mason, who
were seeking relief from the Short-Term Rental Accommodations Act, which
came into effect on May 1, 2024. The law, designed to protect affordable long-term rental stock, generally prohibits short-term rentals outside of those within an
owner's principal residence. Read the full article published by the Vancouver Sun.
BC Lowers Homeowner Grant
Threshold to $2.075 Million
The
province has announced its threshold for 2026 provincial homeowner
grants. In a news release on Friday [Jan 2], the province said basic
grant
amounts would remain unchanged, with the threshold for homeowner grants
set at $2.075 million, down from last year's threshold of $2.175 million
as most residential property values in B.C. are down slightly.
Homeowners with properties assessed at $2.075 million or less in the
Capital Regional District, the Fraser Valley Regional District and in
Metro Vancouver are eligible for grants of $570, while homeowners
outside of those areas are eligible for grants of $770. Read the full article published by the Vancouver Sun.
The BC Flipping Tax: What Homeowners,
Investors, and Builders Need to Know
Since January 1, 2025, British Columbia's Flipping Tax has applied to the disposition of taxable property, pursuant to the Residential
Property (Short-Term Holding) Profit Tax Act (the "Act").
Intended to be an anti-speculation measure, the legislation is far
broader than many homeowners, investors, and builders may expect. The
tax may apply even when a sale has nothing to do with "flipping." If you
plan to buy, sell, transfer, gift, or reorganize ownership of
residential property in BC, the Flipping Tax should now be a part of
your planning. Read the full article by St.John McCloskey and Lina Kim with Clark Wilson.
Condo Smarts: Deductible Settlement
Must Be Paid Back to Owners
Dear Tony: In your recent column you described where a strata council may have to levy for a deductible cost as a common expense while they are trying to recover the cost from the owner. Our Richmond strata corporation had a similar situation where we had to cover a $250,000 deductible in November last year, resulting from an owner changing their own bathroom fixtures causing a major flood and damaging 9 units in the building. The owner did not purchase home owner insurance, and our strata council did not pursue a claim with the Tribunal or the courts to recover the amount. Their position was "that's the way it is and not everyone can afford insurance." They levied the owners for the $250,000. Since then, the unit has sold and fortunately, the $250,000 was collected on the sale. Should that amount be refunded back to the owners as it was only raised for the claim in the first place?
Read the Times Colonist article (paywall).
Opinion: BC's Long-awaited Prompt Payment
Reforms Land amid Industry Downturn
Construction contractors across Canada have perennially experienced
payment delays on projects, unfairly impacting their cash flow. The reasons for the payment delays are many. However, in essence, if a payee
can get away with keeping money in its own pocket for longer, it is not likely to forego that opportunity. For this reason, the industry has pushed for years for legislation
that requires prompt payment on construction projects. Ontario, Alberta and Saskatchewan have all in recent years enacted prompt payment
legislation, and now British Columbia has introduced Bill 20, the
Construction Prompt Payment Act. Read the full article by Norm Streu (with Harper Grey) & Chris Hirst (AHBL), published by BIV.
BC Court Finds Fraud in Complex
Real Estate Investment Dispute
The estate of a deceased real estate investor succeeded in a recent
B.C. Supreme Court decision that involved large sums of money, financial
complexity and disputed oral agreements. Tong a.k.a. Tony Zhang was a Chinese real estate investor who moved to Vancouver in 2018. Starting in 2015, and before his death from
leukemia in 2022, he invested millions of dollars in BC real estate through Hang Yin, whom he and his family knew from China, said a Dec. 17
judgment by Justice Gordon Funt. Zhang's estate claimed Yin invited him into real estate investment opportunities in Metro Vancouver, which Zhang agreed to fund in exchange
for ownership interests, entrusting Yin with millions over the next few years. Read the full article published by BIV.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Short-Term Rental Accommodations Act | Jan. 1/26 | by 2025 Bill 25, c. 26, section 34 only (in force by Royal Assent), Housing and Municipal Affairs Statutes Amendment Act, 2025 |
| Short-Term Rental Accommodations Regulation (268/2023) | Dec. 4/25 | by Reg 224/2025 |
| Speculation and Vacancy Tax Act | Jan. 1/26 | by 2025 Bill 5, c. 10, sections 36, 37 and 39 only (in force by Royal Assent), Budget Measures Implementation Act, 2025 |