Spring Wrap-up
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The following bills were recently introduced:
For more information on the status of these or any other bills, visit our dedicated Bills page, located on the left navigation. If you wish to be notified when these or other changes come into force, check out Quickscribe's customizable alerts via the My Alerts page. Quickscribe alerts are included with your subscription so feel free to select the alerts that work best for you!
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Local Government Bills Not Passed
Two Housing and Municipal Affairs bills introduced this spring did not pass before the session ended: Bill 17, the Housing and Municipal Affairs Statutes (Codes of Conduct) Amendment Act, 2026, and Bill 18, the Housing and Municipal Affairs Statutes (Parental Leave) Amendment Act, 2026.
Bill 17 proposed a provincewide code of conduct framework for municipal
and regional district elected officials, while Bill 18
proposed parental leave protections for local elected officials. These
bills remain important items to watch if they are brought forward again
in the fall sitting.
When Tax Collection Goes Wrong
The
collection of property taxes from ratepayers is a core function of
British Columbia municipalities. Most of the time, taxes are imposed and
collected without much fuss. On occasion, a municipal collector might
discover that the municipality has made a mistake. This mistake could be
a miscalculation in a tax notice, a misapplied payment or a misdirected
refund. A larger error, such as an improperly imposed tax, could impact
hundreds or thousands of ratepayers. Some mistakes can be more easily
and cheaply addressed than others.
Miscalculated Tax Notices
A municipality is statutorily obligated to issue a tax notice to "each owner of property subject to tax" under subsection 237(1) of the Community Charter, R.S.B.C. 2003, c. 26. The tax notice must include a statement of the taxes imposed for the current year, including property value taxes. This paper will discuss several scenarios involving municipal missteps in tax collection.
Read the full paper by Michael Moll and Aidan Andrews with Civic Legal LLP, as presented at the GFOABC Annual Conference May 26, 2026.
EDMA Regulations for Local Authorities
The Province has introduced regulations for local authorities, which
have been added to the Emergency and Disaster Management Regulation.
Most of the new regulations for local authorities will not come into
effect until January 2027, consistent with local government requests for
additional preparation time. Regulations address key local government
responsibilities under the Emergency and Disaster Management Act (EDMA). Read the UBCM article.
The Right to Rant and Rave: BCSC Dismisses Defamation
Claim Arising from Facebook Posts
In Baker v. France,
2026 BCSC 850, the court dismissed a defamation action commenced by a
local government elected official in relation to a series of allegedly defamatory social media posts on a community Facebook page. This
decision highlights the extent to which courts will protect public expression regarding elected officials and public bodies.
Background
The defendant made a series of posts to a community Facebook page. The posts included allegations against the Mayor and Council. The court summarized the allegations contained in the posts as follows (para. 60):
- The Mayor engaged in behaviour constituting sexual harassment;
- Formal sexual harassment complaints were made;
- The Mayor and Council did not handle the complaints properly; and
- As a result, the complaints were not resolved promptly and inexpensively.
The plaintiff commenced a defamation action against the defendant in relation to these posts, claiming the statements were untrue and caused him reputational and other damage. Prior to determination of the defamation claim on its merits, the defendant brought an application to dismiss the action pursuant to s. 4 of the Protection of Public Participation Act, S.B.C. 2019, c. 3 (PPPA).
Read the full article by Jacob Gehlen with SMS Law.
Major Changes Incoming to Local Government
Over $600,000 in Damages: BCCA Confirms Bias Can
Undermine Misconduct-Based Terminations
In Nanaimo (City) v. Mema, 2026 BCCA 203 ("Mema"),
the British Columbia Court of Appeal upheld a Human Rights Tribunal
(the "Tribunal")
award of damages exceeding $600,000 due to a dismissal being based, in
part, on racial bias. The decision is an important reminder to employers
that even where employee misconduct exists, if any part of the decision
to dismiss an employee is based on a prohibited ground in the BC Human Rights Code (the "Code"), that constitutes a prima facie case of discrimination.
Background
The City of Nanaimo (the "City") dismissed its Chief Financial Officer following concerns about his use of a corporate credit card that accumulated approximately $14,000 in personal expenses. While the Tribunal accepted that this conduct was problematic, it found that the City's response was nonetheless discriminatory under the Code because it was tainted by bias. In particular, the City relied heavily on an internal report prepared by another employee that was found to reflect a "thread of racial bias" and to overstate the seriousness of the misconduct. This report contributed to the employer's decision to suspend and later terminate the employee. The Tribunal's findings were upheld on judicial review and ultimately by the Court of Appeal.
Read the full article by Nicole Skuggedal and Tristan Kimball with Lawson Lundell LLP.
Guide for Digitizing Bylaws
The
Province has published a new guide for local governments interested in
converting bylaws, policies, and other regulatory documents into machine-readable formats such as JSON and XML to support work towards
better digital services that streamline design, permitting, and construction. The housing construction sector is transitioning to
new ways of delivering housing, through the adoption of modern digital tools and off-site methods of construction. This transition requires
investment in new data, tools, and processes. Structured, machine-readable rules can power AI-assisted tools, automated zoning and
code compliance checks, and a more user-friendly, accessible, and searchable way to read land use and construction requirements. Read the UBCM article.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Bylaw Notice Enforcement Regulation (175/2004) | May 6/26 | by Reg 75/2026 |
| Emergency and Disaster Management Regulation (235/2023) | May 11/26 | by Reg 79/2026 |
| Greater Vancouver Sewerage and Drainage District Act | May 21/26 | by 2026 Bill 16, c. 15, section 11 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2026 |
| Islands Trust Act | May 28/26 | by 2026 Bill 20, c. 18, sections 29 to 31 only (in force by Royal Assent), K'ómoks Treaty Act |
| Liquor Control and Licensing Regulation (241/2016) | May 1/26 | by Reg 43/2026 |
| May 29/26 | by Reg 92/2026 | |
| Local Government Act | May 21/26 | by 2026 Bill 16, c. 15, section 12 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2026 |
| Short-Term Rental Accommodations Regulation (268/2023) | June 1/26 | by Reg 58/2026 |
| South Coast British Columbia Transportation Authority Act | May 21/26 | by 2026 Bill 16, c. 15, section 27 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2026 |
| South Coast British Columbia Transportation Authority Police Service Regulation (80/2026) | NEW May 11/26 |
see Reg 80/2026 |
| South Coast British Columbia Transportation Authority Police Service Operations Regulation | REPEALED May 11/26 |
by Reg 80/2026 |
| South Coast British Columbia Transportation Authority Police Service Regulation (454/2004) | REPEALED May 11/26 |
by Reg 80/2026 |
| Vancouver Charter | May 21/26 | by 2026 Bill 16, c. 15, section 25 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2026 |
How to Lose Your Appeal Rights: A Cautionary Tale for
"Large Corporations" Objecting to Reassessments
The Income Tax Act
(Canada) (the "ITA")) contains strict requirements for notices of objection filed by a "large corporation". A recent Tax Court of Canada
("TCC") decision – 641624 Alberta Ltd v R, 2026 TCC 67
– illustrates that failing to comply with those requirements can result in a swift and total loss of appeal rights. The case serves as a stark
reminder that careful adherence to the ITA's provisions is vital.
A taxpayer that is not a "large corporation" (as defined in subsection 225.8(1) of the ITA) can generally file a simple notice of objection to dispute any assessment or reassessment with which they do not agree. Those taxpayers may also subsequently appeal to the TCC in respect of any issue and seek any relief, even if not initially raised in their notice of objection. Read the full article by Morgan Watchorn with Thorsteinssons LLP.
Selective Repurchase Exemption: The CSA's Bold Bid to Reshape Canada's Issuer
Bid, Take-Over Bid and Beneficial Ownership Reporting Regimes
On
May 14, 2026, the Canadian Securities Administrators (CSA) released a comprehensive package of proposed amendments and accompanying policy
changes targeting the issuer bid, take-over bid, and early warning reporting regimes under Canadian securities law (Proposed Amendments).
The proposals span amendments to National Instrument 62-104 Take-Over Bids and Issuer Bids (NI 62-104), National Instrument 62-103 The Early Warning System and Related Take-Over Bid and Insider Reporting Issues (NI 62-103), National Instrument 51-102 Continuous Disclosure Obligations
(NI 51-102), and related companion policies, National Policies, and consequential instruments. Stakeholder comments are invited until August
12, 2026.
The Proposed Amendments touch nearly every corner of the bid and beneficial ownership reporting landscape. In the CSA's words, the objectives are to "provide issuers with greater flexibility to repurchase their own securities, enhance transparency of ownership of derivative interests in specified circumstances, and reduce regulatory burden". The Proposed Amendments are relevant to public companies, private companies, institutional investors, and parties engaged in take-over bids, issuer bids, and proxy solicitations. This article sets out the principal elements of the proposals and offers initial observations for market participants. Read the full article by Sydney Kert, Derrick Auch, Robbie Grossman and Catherine Kay with DLA Pipper.
British Columbia Tightens Consumer Protection Rules: Key Contracting
and Sales Practice Changes Effective August 2026
British Columbia has confirmed major updates to the province's Business Practices and Consumer Protection Act ("BPCPA") that will directly impact how businesses contract with consumers in BC.
As detailed in a prior Fasken bulletin, BC Bill 4 passed into law important amendments to the BPCPA that took effect in 2025, including new restrictions on mandatory arbitration clauses, class action waivers, and contractual limits on consumer reviews. This bulletin focuses on additional, consumer-contracting and direct-sales amendments, and regulatory requirements that will take effect on August 1, 2026, giving businesses limited time to adapt. Read the full article by Gabriel M.A. Stern, Ariel Laver, Paul Burbank and Shan L. M. Arora with Fasken.
CRA Delays GST/HST Changes on Trailing Commissions to 2028
On
May 13, 2026, the Canada Revenue Agency (CRA) advised industry groups that the application of its revised administrative position on the
taxability of trailing commissions will not proceed on July 1, 2026, as previously indicated. Subsequently on May 26, 2026, the CRA released a
revised version of GST/HST Notice 344 – Application of the GST/HST to Mutual Fund Trailing Commissions (Notice 344), formalizing the previously announced deferral of enforcement until Jan. 1, 2028. Read the full article by Owen Clarke with Borden Ladner Gervais LLP.
B.C. Court Confirms Strict Gatekeeper Role and Dismisses
Secondary Market Claims in Larouche v. PGM
In Larouche v. PGM ResidualCo Holdings Inc., 2026 BCSC 674, the British Columbia Supreme Court (the "Court") refused leave to pursue secondary market claims under the B.C. Securities Act
("Act") in a proposed class action alleging misrepresentations in a public issuer's disclosure. In concluding that the plaintiff failed to
satisfy the statutory leave test, the Court identified several deficiencies, including inadequate pleadings, fundamental evidentiary
shortcomings, and applicable limitation defences. The decision reinforces the Court's gatekeeping role in screening secondary market
claims and provides useful guidance on both the leave requirements and the tolling of limitation periods under the B.C. Class Proceedings Act.
In April 2022, Ms. Larouche (the "Petitioner") commenced a class action alleging primary and secondary market misrepresentations in connection with the operations of an Ontario gold mine that was previously owned and operated by Pure Gold Mining Inc. ("Pure Gold"). Read the full article by Alexandra Urbanski and Daniel S. Murdoch with Stikeman Elliott.
Legislative Framework Introduced to Establish
the Financial Crimes Agency
The Government of Canada tabled Bill C-29, the Financial Crimes Agency Act,
on April 27, 2026. The legislation responds to longstanding criticism of Canada's fragmented approach to tackling complex financial crimes,
including money laundering and sanctions-related offences and fraud, with enforcement currently spread across multiple federal and provincial
bodies.
If passed, the bill would create a new specialized federal law enforcement agency, the Financial Crimes Agency (the FCA), with a mandate to investigate serious and complex financial crimes and contribute to recovering proceeds of crime. Creating a dedicated federal agency with broad investigative powers and authority – including over digital assets – will help address longstanding criticism that Canada cannot effectively fight financial crimes. Read the full article by Stephen Nattrass, Tim Stewart and Miteau Butskhrikidze with Norton Rose Fulbright Canada LLP.
CRA Updates Guidance on Third-Party Penalties
The
Canada Revenue Agency (CRA) has recently revised its administrative guidance on the application of third-party penalties under section 163.2
of the Income Tax Act
(Canada) (ITA), broadening the circumstances in which the CRA may apply penalties. In particular, informal or non-client specific
communications are no longer treated by the CRA as being outside the scope of the third-party penalty regime. Advisors engaged in thought
leadership, marketing activities, or online commentary should be cautious in light of the CRA's new approach. Read the full article by Lori Bokenfohr, Timothy Fitzsimmons, Rahul Sharma and Marie-Claude Marcil with Fasken.
Updates to BC Sales Taxes
The following updates to sales taxes were recently posted:
Provincial sales tax (includes municipal and regional district tax)
Motor fuel tax and carbon 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 |
| Designated Accommodation Area Tax Regulation (93/2013) | May 22/26 | by Reg 87/2026 |
| Economic Stabilization (Tariff Response) Act | May 28/26 | by 2025 Bill 7, c. 11, section 22 (1) (a) and (c) only (in force by Royal Assent), Economic Stabilization (Tariff Response) Act |
| Excluded Employees (Legal Proceedings) Indemnity Regulation (62/2012) | May 22/26 | by Reg 85/2026 |
| Income Tax Act | RETRO to Mar. 26/26 |
by 2026 Bill 2, c. 5, sections 62 and 63 only (in force by Reg 83/2026), Budget Measures Implementation Act, 2026 |
| Multilateral Instrument 25-102 Designated Benchmarks and Benchmark Administrators (216/2021) | May 5/26 | by Reg 74/2026 |
Forests Statutes Amendment Act, 2026 Now in Force
Bill 14, the Forests Statutes Amendment Act, 2026, came into force on May 21. The Bill made changes to the Forest Act and the Forest and Range Practices Act
to provide a greater range of fibre-generating and forest stewardship activities, and to allow BC Timber Sales (BCTS) to introduce new timber
sales licences to include activities such as commercial thinning, salvage of damaged trees and wildfire risk reduction, and providing
contractors with a broader range of opportunities to bid on.
Environmental Law Changes 'Possible' to Expedite
Resource Projects: Government House Leader
Government considers changes to the Impact Assessment Act and the Fisheries Act, sources say
The government House leader confirmed on Thursday [May 7] plans to change regulations and legislation in order to
speed up the approvals of major resource projects.
The confirmation comes following a report from CBC News, in which federal sources said the government plans to present proposals aimed at speeding up the approval process to fulfill the Liberal campaign promise of approving projects within a two-year timeframe.
When asked if new legislation was coming, government House leader Steve MacKinnon said: "It's possible." Read the CBC article.
Forests Canada Releases Post-Wildfire
Forest Recovery Report
Since 2023, communities across Canada and around the world have been experiencing record-breaking wildfires and
working to help restore forested landscapes in their aftermath – but the best practices behind forest recovery in the wake of extreme wildfires
are evolving.
To better understand the decisions and approaches for post-wildfire forest restoration in Canada, national charity Forests Canada surveyed and interviewed forest managers and tree planting practitioners and is presenting the findings in a report titled Forest Restoration After Wildfire: Knowledge Gaps and Future Needs Analysis. Read the full article by Forests Canada.
Forever Chemicals, Forever Liability? The Rise
of PFAS Class Actions in Canada
Per- and polyfluoroalkyl substances (PFAS) litigation is becoming increasingly common in Canada. Following a wave
of class actions in the United States, Canadian courts are now grappling with claims over alleged contamination from these "forever chemicals."
In this Osler Update, we discuss certain of the latest developments related to PFAS litigation.
As discussed in previous Osler Updates, PFAS are a group of more than 4,700 synthetic chemicals valued for their resistance to heat, oil and water, making them common in consumer products such as non-stick cookware, cosmetics, textiles and paints, as well as in the manufacturing of electronics, plastics, metals and fire-fighting foams. Read the full article by Jennifer Fairfax, Brad Gilmour, Evan Barz, Clare Barrowman, Shelby Wilson and Daniel Kiesman with Osler.
Fairy Creek Anti-Logging Protesters Win Appeal
in Bid for Class-Action Certification
Fairy Creek anti-logging protesters have won an appeal against a court ruling that denied the certification of their
proposed class-action lawsuit against the federal and provincial governments.
The class-action application now goes back to the B.C. Supreme Court for a new decision, after the B.C. Court of Appeal found the judge who rejected the claim erred on several points.
The applicants, protesters Arvin Singh Dang and Kristy Morgan, say the RCMP wrongfully barred them and others from the Vancouver Island protest site, where Teal Cedar Products had secured an injunction against the protests targeting old-growth logging.
The appeal ruling issued Wednesday [May 20] notes that while the protests and logging in the area that ran from 2021 to 2023 are now over, the litigation continues. Read the BIV article.
Environmental Appeal Board Decisions
The following Environmental Appeal Board decisions were made recently:
Integrated Pest Management Act
Visit the Environmental Appeal Board website for more information.
Forest Appeals Commission Decisions
The following Forest Appeals Commission decision was made recently:
Visit the Forest Appeals Commission website for more information.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Forest Act | May 21/26 | by 2026 Bill 14, c. 14, sections 1 to 9 only (in force by Royal Assent), Forests Statutes Amendment Act, 2026 |
| May 28/26 | by 2026 Bill 20, c. 18, sections 27 and 28 only (in force by Royal Assent), K'ómoks Treaty Act | |
| Forest and Range Practices Act | May 21/26 | by 2026 Bill 14, c. 14, sections 10 to 19 only (in force by Royal Assent), Forests Statutes Amendment Act, 2026 |
| Hunting Regulation (190/84) | May 25/26 | by Reg 89/2026 |
| Limited Entry Hunting Regulation (134/93) | May 25/26 | by Reg 89/2026 |
| Low Carbon Fuels (Technical) Regulation (295/2023) | May 8/26 | by Reg 77/2026 |
| Management Unit Regulation (64/96) | May 25/26 | by Reg 89/2026 |
| Water Sustainability Regulation (36/2016) | May 11/26 | by Reg 79/2026 |
Bettering Access to Care, Reproductive Health
Protected Through Expanded Midwives' Role
People
in British Columbia will have better access to midwife-led abortion care, continuous pregnancy care and other reproductive health services
as midwives' role expands.
The Province is further expanding the scope of practice of midwives. Once the changes are in place, midwives will be able to:
Read the government news release.
B.C. Medical Regulator Heads to Court to Stop
'Cancer Guy' from Dispensing Medical Advice
The College of Physicians and Surgeons of B.C. is seeking a permanent injunction to prevent the founder of a
popular online "personalized cancer care and precision oncology service" from assessing patients and dispensing medical advice.
A petition filed in B.C. Supreme Court this week claims Alexander Rolland is violating provincial health regulations through the operation of Cancer Treatment Options and Management Inc.
The petition claims that "taken as a whole," Rolland's websites and a YouTube channel where he calls himself "The Cancer Guy" all work to imply that he and his colleagues "are able or willing to conduct activities that may only be provided by a regulated health practitioner." Read the CBC article.
Health Canada Proposes to Exempt Certain Low-Risk Non-Prescription
Drugs from "New Drug" Requirements
On May 15, 2026, Health Canada issued a Notice of Intent to publish a Ministerial Order that would exempt
certain low-risk NPDs from the requirements of Division 8 of Part C (New Drugs) of the Food and Drug Regulations
("FDR"). As a result, low-risk non-prescription drugs ("NPDs") that have not been previously authorized in Canada may soon benefit from a
less onerous pathway to market under Health Canada's proposed Ministerial Class Exemption Order (the "Order").
Health Canada is inviting stakeholder feedback on the proposed approach, with comments due by July 14, 2026.
Currently, drugs containing medicinal ingredients not previously authorized in Canada are regulated as "new drugs" under Part C, Division 8 of the FDR. Both prescription and non-prescription drugs are subject to the same rules. Even lower-risk NPDs, including those intended for cosmetic-like purposes (e.g., sunscreens, anti-dandruff products, and oral care products), must meet the same rigorous requirements as prescription drugs, which includes significant data requirements, review timelines of up to 300 days, and costs that may exceed $600,000 to obtain market authorization. Read the full article by Gladys Osien and William Bjornsson with Gowling.
Biosimilar Drugs: Phase 3 Clinical Trials No
Longer Required for Approval in Canada
Health Canada has made important changes to how it authorizes biosimilar drugs for sale in Canada. Notably, clinical
efficacy studies (i.e. phase 3 studies) comparing the efficacy of the biosimilar candidate drug to the innovative drug it copies "are not
typically required." This change aligns with those being made by US and European regulatory authorities. Health Canada's changes may lead to
more biosimilar drugs coming to Canada and earlier litigation under the Patented Medicines (Notice of Compliance) Regulations.
Biosimilar and generic drugs are both copies of an approved innovative drug. However, they have fundamental differences that have led to different regulatory standards for market entry in Canada and other jurisdictions. Read the full article by Pardeep Heir, Paul Jorgensen and Kristin Wall with Norton Rose Fulbright Canada LLP.
Advancing Made-in-B.C. Health Technology
to Strengthen Patient Care
The Province is supporting B.C. companies to test how their innovative technology can improve health-care delivery,
support the growth of the life-sciences sector and create more jobs.
Through the Integrated Marketplace's Health Testbed, the Government of B.C. and Pacific Economic Development Canada (PacifiCan) are providing more than $5.3 million to support testing of innovative health and life-sciences products, which have the potential to revolutionize health care and achieve better health outcomes for patients. Read the BC government news release.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Premises Identification Regulation (125/2022) | May 11/26 | by Reg 79/2026 |
| Reporting Information Affecting Public Health Regulation (167/2018) | May 15/26 | by Reg 69/2026 |
How (Not) to Manage Risk When Changing Remote Work
Arrangements – The Cressey v. Parolin Ruling
The British Columbia Court of Appeal's decision in Cressey Construction Corporation v. Parolin, 2026 BCCA 199
provides important guidance for employers navigating return-to-office mandates. The Court confirmed that a long-standing work-from-home
arrangement can become an essential term of employment, and that revoking it without reasonable notice may constitute constructive
dismissal.
Key Takeaways for Employers:
Read the full article by Emma Gibson with Lawson Lundell LLP.
Reminder: B.C. Minimum Wage Rising June 1
British Columbia's general minimum wage will climb to $18.25 per hour on Monday, June 1, 2026.
The base pay will rise from the current rate of $17.85 per hour.
The increase of just over 2.1 per cent – pegged to the province's average monthly inflation rate in 2025 – applies not only to the general minimum wage but also to the rates paid to resident caretakers, live-in home-support workers, live-in camp leaders, and app-based ride-hailing and delivery service workers, according to the B.C. government. Read the full article by Jim Wilson in the Canadian HRReporter.
Spotting Harder-to-See Disabilities: Volpi
and the Expanding Duty to Inquire
The Alberta Human Rights Tribunal's decision in Volpi v. Lifemark Health Corp.,
2026 AHRC 26 ("Volpi"), is notable for two reasons. First, it is a duty to inquire case involving a mental disability that was not necessarily
obvious on its face. Second, it took an unusual procedural route before being sent back for a full hearing. Together, those features make Volpi
worth a closer look for employers navigating accommodation issues tied to stress, burnout, and harder-to-spot mental health conditions.
The complainant was a physiotherapist who had worked at Lifemark for 16 years. He alleged discrimination in employment on the basis of mental disability, specifically Bipolar II Disorder.
The facts involved a deterioration in his mental health, requests for time away from work, and an eventual resignation. In particular, he resigned in circumstances the Tribunal later found should have prompted further inquiry into whether his conduct was connected to a mental disability and whether accommodation was required. He also advanced broader allegations of a toxic work environment, harassment, and improper diversion of patients. Read the full article by April Kosten and Brandon Fleming with McCarthy Tetrault LLP.
Review Ordered of Unions' Role in
Workers Not Crossing Picket Lines
The question of whether labour leaders illegally encouraged hundreds of civilian trade workers at CFB Esquimalt
not to cross another union's picket line has been referred back to the federal labour relations board, after a court ruling this week.
The Federal Court of Appeal set aside a previous board decision that found the conduct of the Federal Government Dockyards Trades and Labour Council was not unlawful.
The labour council represents about 700 workers under 11 trade unions, including machinists, shipwrights, electricians and carpenters, who work at Department of National Defence sites across the capital region.
Their members faced a dilemma when more than 120,000 unionized federal public servants belonging to the Public Service Alliance of Canada began a 12-day strike on April 19, 2023, and staged picket lines at the fleet maintenance facility at CFB Esquimalt and at the Rocky Point ammunition depot in Metchosin.
The decision from the appeals court released Thursday [May 28] said that in its previous decision, the federal labour board gave "very little consideration" to whether labour leaders had encouraged workers to engage in illegal job action during the PSAC strikes, the main complaint that had been brought forward by their employer, the Treasury Board. Read the Times Colonist article.
B.C. Boosts Pension Standards with
New Rules for Employers, Members
British Columbia is updating its pension standards legislation this year, with a series of amendments to the Pension Benefits Standards Act (PBSA) coming into force in two stages – some on April 30, 2026, and others on Oct. 30, 2026.
The changes introduce automatic contribution escalation for defined contribution (DC) plans, expanded options for surviving spouses, and relief for employers offering individual pension plans to high earners. Read the full article by Sarah Dobson with the Canadian HRReporter.
Federal Government Proposes Non-Compete Prohibition and Publishes
Final Equal Pay Regulations under the Canada Labour Code
In recent weeks, the federal government has advanced two significant initiatives affecting employers governed by the Canada Labour Code ("Code").
On May 6, 2026, the federal government introduced Bill C-31, Budget 2025 Implementation Act, No. 2 ("Bill C-31"), which proposes to prohibit non-compete clauses and certain other employment-related restrictions for most federally regulated employees. Separately, the federal government published the final Regulations Amending Certain Regulations Made Under the Canada Labour Code (Equal Treatment and Temporary Help Agencies): SOR/2026-75 (the "Equal Pay Regulations"), which set out implementation details for equal pay provisions first enacted in 2018. Those underlying amendments have now been proclaimed into force, effective October 20, 2026.
These developments signal a continued expansion of employee protections under the Code and will require federally regulated employers to review and, where necessary, update their employment practices. Read the full article by Jackie VanDerMeulen, Christopher Pigott, Shane D. Todd and Andrew J. Gould with Fasken.
Is It a Breach of Privacy if an Employer Collects
Its Employee's Refusal to Take a Drug Test?
In some cases, yes. In Order P26-05 BC's Office of the Information and Privacy Commissioner (the "OIPC") found that Altrad Service Ltd. violated the Personal Information and Privacy Act ("PIPA") by documenting an employee's refusal to submit to drug testing.
The unique decision offers practical guidance for employers on the reasonableness standard governing employee personal information. Read the full article by Ryan Berger and Ashley Kalla with Lawson Lundell.
Employee Mental Health Concerns Now at the
Core of Workplace Litigation
There has been a quiet but unmistakable shift in Canadian workplaces – one that many employers do not fully
grasp until it is too late.
Employee mental health is no longer a peripheral concern confined to cases of harassment or abuse. Increasingly, it sits at the centre of workplace litigation. Claims rooted in psychological harm are emerging not from shocking misconduct but from the ordinary frictions of work: strained reporting relationships, clumsily handled performance reviews and, particularly, workplace investigations that drag on without clarity or resolution.
What employers once dismissed as routine workplace stress is now forming the backbone of constructive dismissal claims, human rights applications and occupational health and safety complaints. Read the Financial Post article.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Workers Compensation Act | May 22/26 | by Reg 88/2026 |
BC Law Coming to Mandate Dashboard
Cameras for Commercial Vehicles
A
private-members bill
to mandate dash cameras on all commercial vehicles travelling B.
highways has passed unanimously through the
legislature. BC Conservative member Ward Stamer says the bill
started with families along Highway 5 in his Kamloops-North Thompson
constituency who have buried their loved ones after preventable crashes.
Stamer says in a statement that it finishes with BC leading the country
on commercial vehicle safety. He
says the cameras hold drivers accountable, and make sure that when a
crash happens the evidence isn't lost, disputed or "buried in a yearlong
investigation." The statement says the B.C. Trucking Association
endorsed the bill, noting that about 75 per cent of collisions involving
a commercial vehicle aren't the fault of that driver. Read the BIV article.
BC Court of Appeal Raises Damages Award to $1.13M from
$378K for Minor Motor Vehicle Accident
In
a vehicular accident case, the British Columbia Court of Appeal raised
the damages award by $760,796.19 upon setting aside a judge's
application of a 75 percent negative contingency deduction and replacing
it with a 25 percent deduction. On July 6, 2018, the vehicle of
the respondent in Mariotto v. Rowntree Estate, 2026 BCCA 215,
struck the appellant's stopped vehicle from behind at low speed. The
minor
accident did not deploy the airbags in the appellant's vehicle and
caused almost no damage to either vehicle. The appellant commenced
a case based on her injuries. The respondent, later represented by her
estate, admitted liability for the accident. Read the full article by Bernise Carolino with Canadian Lawyer.
Mario Canseco: British Columbians Back Stricter Penalties
on Emergency Vehicle Violations, Poll Finds
British Columbians have long complained about the behaviour of drivers in their municipality. In February 2025,
the proportion of British Columbians who witnessed undesirable actions over the previous month was noteworthy. Three in five (60 per cent) told
us they saw a driver not signaling before turning and a majority (53 per cent) experienced a car not stopping at an intersection.
Pedestrians, cyclists and drivers are justifiably annoyed when people choose not to follow the rules of the road. In some cases, particularly
as it pertains to emergency vehicles, the consequences can be especially harmful. Drivers who fail to yield to emergency
vehicles cause delays in response times, placing the lives of both responders and the public in peril. Drivers who fail to keep the
appropriate distance from an emergency vehicle may not be properly prepared for sudden stops, heightening the risk of collisions. And while
some people may not see a problem with driving over an active fire hose, this action can cause physical injury to working firefighters and
rupture the water supply, trapping crews that are battling a fire. Read the BIV article.
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 | May 11/26 | by 2023 Bill 31, c. 37, section 202 only (in force by Reg 79/2026), Emergency and Disaster Management Act |
| Zero-Emission Vehicles Act | May 21/26 | by 2026 Bill 16, c. 15, sections 7 to 10 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2026 |
BC Construction Injury Rate Down
25 Per Cent: WorkSafeBC
The
construction injury rate in British Columbia has fallen by 25 per cent
over the past decade, a shift that signals progress but also reinforces
the need for occupational health and safety professionals to stay
focused on high‑risk activities, according to new WorkSafeBC figures
released for Construction Safety Week. Over the same 10‑year
period, the serious injury rate in construction declined by 32 per cent.
WorkSafeBC attributes these improvements to stronger safety management
practices, including more effective hazard identification and control
that actively involves workers, and more proactive approaches to
training, supervision and psychological safety. Read the full article by Jim Wilson with Canadian Occupational Safety.
2025 New or Revised ACGIH Threshold Limit Values and
BC Exposure Limits (June)
from WorkSafeBC
The
Occupational Health and Safety Regulation provides that, except as
otherwise determined by WorkSafeBC, an employer must ensure no worker is
exposed to a substance exceeding the Threshold Limit Values (TLVs)
prescribed by the American Conference of Governmental Industrial Hygienists
(ACGIH). Twice a year, the ACGIH publishes a list of substances for
which they
have set new or revised TLVs. When WorkSafeBC adopts the new or revised
ACGIH TLVs as regulatory exposure limits for chemical substances, these
exposure limits are referred to as BC Exposure Limits (ELs). An EL is
the maximum allowed airborne concentration for a chemical
substance for which it is believed that nearly all workers may be
exposed over a working lifetime and experience no adverse health
effects.
Woodfibre LNG's Gender Safety Plan Is
Setting a New Industry Standard
How a BC company built Canada's first gender and cultural safety management plan and why regulators may replicate it
When Woodfibre LNG broke ground on its liquefied natural gas project near Squamish, B.C., the company knew the construction phase would draw a large, predominantly male workforce into close proximity with an Indigenous community that had real concerns. The question was not whether those concerns deserved a response, but how substantive that response could be. The answer, developed in collaboration with the Squamish Nation, became what Selena Basi, Vice President of Corporate Relations at Woodfibre LNG, describes as Canada's first Gender and Cultural Safety Management Plan: a regulatory requirement codified alongside the project's environmental assessment approvals and built to protect women, Indigenous workers and two-spirited people both on the worksite and in the surrounding community. Read the full article by Shane Mercer with Canadian Occupational Safety.
Consultation on Proposed Amendments to Part 20 of the
Occupational Health and Safety Regulation
from WorkSafeBC
Our
Policy, Regulation and Research Department is requesting feedback on
proposed amendments to Part 20, Construction, Excavation and Demolition
– Shotcrete, of the Occupational Health and Safety Regulation.
The
consultation phase gives stakeholders an opportunity to provide
feedback before the proposed amendments are taken to public hearing. All
stakeholder feedback is carefully considered and analyzed, and provided
to WorkSafeBC's Board of Directors as part of their decision-making
process. Proposed regulatory amendments under review:
Proposed Amendments to Policy on the Interpretation of
Misrepresentation for Classification Changes
from WorkSafeBC
Classification
change policy in the Assessment Manual lists the possible reasons for
changing a firm's classification. Under this policy, a firm's failure to
provide timely, complete, and accurate information to WorkSafeBC, and
to respond promptly to information requests or information provided by
WorkSafeBC (the positive duties), is addressed under the heading of
fraud or misrepresentation. This creates confusion when the
contravention is inadvertent. Our Policy, Regulation and Research
Department is releasing a discussion paper with proposed amendments to
policy in the Assessment Manual to clarify how a contravention of the
positive duties is interpreted in the context of classification change.
You're invited to provide feedback until 4:30 p.m. on Friday, June 26,
2026.
First Aid Requirements: What You
Need to Know for Compliance
Employers
are responsible for first aid in the workplace to ensure injured
workers receive prompt and appropriate treatment and, if needed, are
transported to medical aid without delay. They are also responsible for
ensuring their workplace has the required first aid equipment,
facilities, means of transportation and attendants in place to treat
injured workers. In November 2024, WorkSafeBC introduced updated
first aid requirements to help protect workers and improve response when
injuries happen. These regulations ensure the right level of care is
available when it's needed most, especially in high risk and remote
environments. The updated regulations address worksite accessibility,
first aid kits and attendants, drills and hazard ratings. Some forestry
companies are still working through what these changes mean and what
they need to do. Here's what you need to know about the requirements and
how to stay compliant. Read the full article in the June 2026 Forest Safety News, published by BC Forest Safety Council.
OHS
Policies/Guidelines – Updates
Guidelines – Occupational Health and Safety Regulation
May 7, 2026
Editorial revisions were made to the following guideline.
May 14, 2026
OHS Policies – Occupational Health and Safety Regulation
May 14, 2026
OHS
Policy R5.48-1 has been amended (effective May 14, 2026) to reflect the current exposure limits for substances listed on the new or revised
Threshold Limit Values for December 2025 from the American Conference of Governmental Industrial Hygienists.
Visit the WorkSafeBC website to explore this and previous updates.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Workers Compensation Act | May 22/26 | by Reg 88/2026 |
BC Privacy Adjudicator Finds Short-term Rental
Addresses Should Remain Private
British Columbia's Office of the Information and Privacy Commissioner
says the City of Vancouver is required to refuse to disclose addresses of short-term rental operators because it would reveal where "they live
their private lives." An adjudicator's ruling this week is the latest decision in a years-long freedom of information dispute with
housing advocate Rohana Rezel, a tech industry worker who has been campaigning for greater transparency on short-term rentals and first
sought business licence and address information on Airbnb operations in 2019. The decision says disclosing the addresses of short-term
rental operations would expose operators to potential "harassment, financial harm, and reputational damage." The adjudicator ruled
business licence numbers were not sensitive, with that information already available online. Read the BIV article.
BC Court Orders Tofino Tenants to Vacate
Property after Judicial Review
A BC Supreme Court justice has taken the unusual step of ordering
Tofino tenants to vacate their home after overturning a flawed decision of the province's Residential Tenancy Branch. In a decision issued last week and published online Monday [June
1, 2026], Justice Karrie A. Wolfe ruled that the RTB arbitrator had failed to consider or misapprehended the landlord's evidence for
attempting to evict long-term tenants Marianne Boom and Alwyn Cox. The landlord, Tod-Hackett Group Ltd., owns the triplex on Main Street in
Tofino where Boom and Cox have resided in one of the units since December 2020. The company is a "family corporation" owned by
Timothy Hackett and his close family members. In addition to owning the rental building, it owns and operates Long Beach Lodge Resort. Read the
CTV article.
Age Bylaw Misinformation
Dear Tony: I live in a Penticton condo and we have a bylaw that prohibits the age of residents to 55 and over. One owner has a live in care giver who is 35, and another has a spouse under 55. The strata council have become very aggressive with these two residents and given notice they are in violation of the bylaws and subject to fines of up to $200 every 7 days until the situations are remedied. Our strata council doesn't seem to understand the bylaws of the corporation cannot override the Strata Property Act that provides exemptions for these different types of accommodations. Please help to clarify that their interpretation of the bylaws is not the only application for age restrictions. – Cherly D.
Dear Cheryl: When changes to the Strata Property Act are enacted that change the application, restrictions and enforcement to bylaws, they apply to existing bylaws. These changes have been made to pet restrictions, the prohibition of rental restrictions, and accommodations to the restrictions of Age bylaws. Age restrictions now include exemptions and accommodation for a number of different types of family members and services.
Read the full article by Tony Gioventu with CHOA.
Ending a Tenancy for Demolition or Conversion
In
BC, a landlord can end a tenancy for the purpose of demolishing a
rental unit by serving a Four Month Notice to End Tenancy for Demolition
or Conversion (Form RTB-29). Prior to serving such a notice, the
landlord must obtain all necessary permits and approvals required by
law, and intend in good faith, to carry out the demolition. The Four
Month Notice to End Tenancy specifically requires landlords to list all
of the permits and approvals they obtained, the date of issuance, the
name of the issuer, a description of the permit or approval, and the
permit number. Landlords are additionally required to describe the work
they plan to do respecting the demolition. One missed permit or approval
can mean the end for this Notice to End Tenancy if it is subsequently
disputed by a tenant. Read the full article by Andrea Fammartino with Alexander Holburn Beaudin + Lang LLP.
Ensuring Construction Workers Are Paid on Time
Engagement
is now open to support the implementation of the new Construction Prompt Payment Act, which is designed to ensure fair, on-time payment
for contractors and subcontractors. Engagement is taking place through the BC Construction Prompt Payment Act
discussion paper. This paper has been distributed to partners in the
construction industry to
collect feedback through written submissions. This feedback will help
ensure future policies and regulations reflect on-the-ground needs of
the construction industry. Read the BC government news release.
Failed Real Estate Completions in a Falling Market:
BC Supreme Court Clarifies Buyers' and
Sellers' Rights and Obligations
In
a falling real estate market, failed completions on pre‑sale contracts
can quickly turn into expensive litigation for both buyers and
developers. In the recent decision in Rhythm Living Ltd. v. Pereira, 2026 BCSC 555,
the BC Supreme Court (the "Court") confirmed that
purchasers cannot easily walk away from a residential deal based on
incomplete extras or emerging defect concerns, even where there are
legitimate issues at the property shortly before closing. The
decision reinforces that courts will generally enforce real estate
contracts and will be reluctant to excuse completion obligations absent
either clear contractual termination rights or truly fundamental
problems affecting the property. Read the full article by Cobi Dayan with Miller Thomson.
When Lien Security Is on the Line: The Evidentiary
Standard to Lien for Delay Damages
In
the fall of 2025, we reported on a British Columbia Supreme Court
decision involving a dispute over electrical work on a heritage hotel
redevelopment in Victoria. Since then, the Court has released another
decision involving the same project, Mazzei Electric Ltd. v. Aragon
(English Inn) Development Corp., 2026 BCSC 562 (Mazzei #2), which underscores that lien claimants must support the value of their claims
with solid evidence. In the original July 2025 decision, Mazzei
Electric Ltd. v. Aragon, 2025 BCSC 1435 (Mazzei #1), Mazzei's lien claim included a CA$2.3 million
delay claim. The Court found that the delay
claim was "anticipated" only and was not supported by evidence of actual
work performed or materials supplied. As a result, the Court ordered
that no security was required for the delay claim portion of the lien,
and set security at the holdback amount of CA$285,717.88. Importantly,
the Court noted that its order did "not prejudice the plaintiff from
filing further liens in accordance with the Act." Read the full article by Chelsea Wilson and Megan Buchanan with Dentons.
Arbitrate
or Litigate: Supreme Court of British Columbia
Reinforces the Potentially Broad Reach of Arbitration
Clauses in Construction Contracts
Construction
contracts often include arbitration clauses, providing parties with an
alternative path to dispute outside of court. In a recent BC Supreme
Court decision, the Court ordered a stay of a lawsuit filed by an owner
in favour of arbitration, concluding that although the owner was not
technically a signatory to the construction contract containing the
arbitration clause, there was an arguable case that the owner could be
bound by the arbitration clause. The dispute
arose from the
construction of a rental housing development project located in Sooke,
British Columbia. Robert Foster and GT Mann Contracting Ltd. (GT Mann)
entered into a construction contract, which included an arbitration
clause permitting the parties to refer disputes to arbitration following
mediation. The project lands were owned by 2197 Otter Point Properties
Nominee Ltd., a company for which Mr. Foster was the sole shareholder,
director and officer. The owner was not a party to the construction
contract. One month after project completion, GT Mann filed a builder's
lien claim in the amount of CA$3,483,753.36, which was discharged from
title by posting a lien bond as security. Following an unsuccessful
mediation, GT Mann issued three settlement offers, each referencing Rule 9-1 of the Supreme Court Civil Rules, the rule for formal offers. Read the full article by Chelsea Wilson and Ju Hee Park with Dentons.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Interest Rate Regulation (75/2017) | May 5/26 | by Reg 76/2026 |
| Land Title Act | May 28/26 | by 2026 Bill 20, c. 18, sections 32 to 35 only (in force by Royal Assent), K'ómoks Treaty Act |
| Manufactured Home Park Tenancy Act | RETRO to Apr. 8/24 |
by 2026 Bill 16, c. 15, section 13 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2026 |
| May 21/26 | by 2026 Bill 16, c. 15, section 14 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2026 | |
| Property Transfer Tax Regulation (74/88) | May 22/26 | by Reg 86/2026 |
| Residential Tenancy Act | May 21/26 | by 2026 Bill 16, c. 15, section 14 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act, 2026 |
| Short-Term Rental Accommodations Regulation (268/2023) | June 1/26 | by Reg 58/2026 |
| Strata Property Regulation (43/2000) | May 11/26 | by Reg 79/2026 |