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Vol: VII  –  Issue: VII      July 21, 2008

QUICKSCRIBE NEWS:

Quickscribe Reporter Released Early — Quickscribe has chosen to release the July Reporter a little early this month due to the significant number of changes which came into force over the last few weeks.

Clearing up the confusion on carbon tax – is the gas tax 2.41¢/litre or 2.34¢/litre? — British Columbia's new surcharge is 2.34 cents per litre for regular gas. The Carbon Tax Act originally stated in Schedule 1 that the tax was going up by 2.41¢/litre, but the Act was then amended by B.C. Regulation 124/2008, which also made changes to the amount of tax on a number of other items. See Reg. 124/2008. For further information, you can also read the Times-Colonist article. Also view the Consumer Taxation branch updated webpage.

When do Acts come into force? – Even though Acts are given Royal Assent, all or parts of that Act may not come into force immediately. The last section in many Bills is entitled "Commencement". This section, often in table form, will indicate when the various sections of the Bill come into force: it may be by Royal Assent, by Regulation, on a specific date in the future or on a specific date in the past, which makes it "retroactive".


FEDERAL LEGISLATION — For notification of federal amendments, we recommend you use our RSS feed.

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ENERGY & MINES RELATED
Act or Regulation Affected Effective Date Amendment Information
Energy Efficiency Standards Regulation 389/93 June 27/08 by Reg 171/2008
Petroleum and Natural Gas Act June 27/08 by 2008 Bill 20 ss. 152(b),(g)-(i),(k)-(m), 163, 174-181, 185, 190, 191 & 195(b),(d)&(f) only (Reg 194/2008) Oil and Gas Activities Act
FAMILY, WILLS & ESTATES RELATED

Family, Wills and Estates News:

Courts weigh in on who is a common-law spouse — The Tax and Estate Planning Group of Clark Wilson LLP recently published an article that deals with two recent cases in the British Columbia courts that have clarified different aspects of the question of when a common-law partner is entitled to a spousal interest in the estate of a person who died intestate. See the article Courts Weigh In.

Act or Regulation Affected Effective Date Amendment Information
Child Care Subsidy Regulation 74/97
June 27/08
by Reg 169/2008
Supreme Court Rules (221/90) July 1/08 by Reg 130/2008
FOREST AND ENVIRONMENT RELATED

Forest and Environment News:

When do Acts, like 2008 Bill 31, come into force? – Even though Acts are given Royal Assent, all or parts of that Act may not come into force immediately. The Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008 is an example. The last section, the "Commencement" section, indicates that some of the amendments, for example to the Forest Act or the Environmental Management Act, are not yet in force and will be brought in by regulation.

Climate change forces plants to higher ground — Temperatures aren't the only thing rising as a result of climate change; researchers say plants are creeping to higher elevations in order to survive global warming. See News Story.

Carbon capture and storage legislation: A Canadian Perspective — As recently posted by the BCCL, and published in the Canadian Institute of Resources Law's newsletter Resources, this article by Nigel Bankes and Jenette Poschwatta provides a description and analysis of draft legislation from Australia on carbon capture and storage (CCS) and offers a critique from a Canadian perspective. See Carbon Capture article.

BC government releases compliance summary — The Ministry of Environment has released the first Quarterly Compliance and Enforcement Summary for 2008 which reports on compliance and enforcement actions taken across the entire ministry between Jan. 1, 2008 and March 31, 2008. It outlines:3 orders issued to prevent or stop impacts to the environment, human health or safety, 44 administrative licensing sanctions taken against individual or commercial hunters or anglers for committing certain offences, 266 tickets and 11 court convictions. See News Release.

Forestry Law Reporter — The second issue of the Quickscribe Forestry Law Reporter is scheduled to be published next month. We've had very positive feedback about this new service – thanks for all of your comments!

Act or Regulation Affected Effective Date Amendment Information
Angling and Scientific Collection Regulation 125/90 June 27/08 by Reg 214/2008
Applicability Regulation No. 5 (281/2003) July 1/08 by Reg 126/2008
British Columbia Housing Management Commission Regulation 490/79 June 25/08 by Reg 156/2008 and by Reg 160/2008
Carbon Tax Act NEW
July 1/08
c. 40 (SBC 2008) 2008 Bill 37; ss. 1-15, 17-18, 23-95 only; [ss. 16, 19-22 were were brought in June 1/08 by Royal Assent] as amended by Reg 123/2008 and by Reg 124/2008
Carbon Tax Regulation 125/2008 NEW
July 1/08
see Reg 125/2008 amended by Reg 168/2008
Closed Areas Regulation 76/84 July 2/08 by Reg 163/2008
Duu Guusd Designated Area 73/2003 REPEALED
June 27/08
by Reg 180/2008
Forest Act June 27/08 by 2008 Bill 8 ss. 1-3, 5-6 only (Reg 183/2008) Forests and Range Statutes Amendment Act, 2008 and by 2008 Bill 31 ss. 18(b),(d) only (Reg 184/2008Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008
Forest Regions and Districts Regulation 123/2003 June 27/08 by Reg 176/2008
Forestry Licence to Cut Regulation 221/2006 June 27/08 by Reg 184/2008
Free Use Permit Regulation 335/99 June 27/08 by Reg 183/2008
Haida Gwaii/Queen Charlotte Islands Designated Area 210/2005 June 27/08 by Reg 178/2008
Haida Gwaii/Queen Charlotte Islands Designated Area No. 3 (251/2006) June 27/08 by Reg 179/2008
Haida Gwaii/Queen Charlotte Islands Designated Area No. 4 (177/2008) NEW
June 27/08
see Reg 177/2008
Hunting Licensing Regulation 8/99 June 26/08 by Reg 159/2008
Hunting Regulation 190/84 June 26/08 by Reg 159/2008
Interest Rates Under Various Statutes Regulation 386/92 July 1/08 by Reg 126/2008
Lillooet  Designated Area 301/2004 June 27/08 by Reg 181/2008
Limited Entry Hunting Regulation 134/93 July 1/08 by Reg 79/2008
July 2/08 by Reg 163/2008
Management Unit Regulation 64/96 July 2/08 by Reg 163/2008
Motor Vehicle Prohibition Regulation 196/99 July 2/08 by Reg 163/2008
Park, Conservancy and Recreation Area Regulation 180/90 June 27/08 by Reg 196/2008
Protected Areas of British Columbia Act June 27/08 by 2008 Bill 38 ss. 5(a), 7(part), 9(part), 11 only (Reg 161/2008) Protected Areas of British Columbia (Conservancies and Parks) Amendment Act, 2008 and by 2008 Bill 24 s. 3 only (Reg 195/2008Parks and Protected Areas Statutes Amendment Act, 2007
July 11/08 by 2008 Bill 38 ss. 5(b), 7(part), 9(part) only (Reg 161/2008) Protected Areas of British Columbia (Conservancies and Parks) Amendment Act, 2008 
Wildfire Regulation 38/2005 June 27/08 by Reg 213/2008
Wildlife Act Commercial Activities Regulation 338/82 July 2/08 by Reg 163/2008
Wildlife Act General Regulation 340/82 June 26/08 by Reg 159/2008
HEALTH RELATED
Act or Regulation Affected Effective Date Amendment Information
Community Living Authority Act July 1/08 by 2004 Bill 45 s. 32 only Community Living Authority Act 
Drug Schedules Regulation 9/98 June 27/08 by Reg 200/2008
Health Care Facility Designation Regulation 31/2004 July 11/08 by Reg 218/2008
Health Emergency Regulation 471/74 July 11/08 by Reg 217/2008
Pool Exemption Regulation 256/98 June 27/08 by Reg 185/2008
Regional Health Boards Regulation 293/2001 June 27/08 by Reg 162/2008
LABOUR & COMPANY RELATED
Act or Regulation Affected Effective Date Amendment Information
Bonding Regulations 11/68 June 27/08 by Reg 165/2008
 
July 1/08 by Reg 126/2008
Class Size Regulation 245/2002 June 27/08 by Reg 205/2008
College Pension Plan Regulation 95/2000 May 29/08 by Reg 153/2008
Consumer Contracts Regulation 272/2004 June 27/08 by Reg 166/2008
Employment and Assistance for Persons with Disabilities Regulation 265/2002 July 7/08 by Reg 170/2008
Employment and Assistance Regulation 263/2002 July 7/08 by Reg 170/2008
Financial Administration Act June 27/08 by 2007 Bill 23 s. 21 only (Reg 187/2008Knowledge Network Corporation Act 
July 1/08 by 2008 Bill 37 s. 97 only (Reg 167/2008Carbon Tax Act 
Financial Institutions Fees Regulation 312/90 June 27/08 by Reg 174/2008
Forgiveness of Debts and Obligations Regulation 269/92 June 27/08 by Reg 172/2008
Income Tax Act (BC) July 1/08 by 2008 Bill 2 ss. 43-45 only Budget Measures Implementation Act, 2008 
Income Tax (BC Family Bonus) Regulation 231/98 July 1/08 by Reg 136/2008
International Financial Activity Regulation 327/2004 Deposited
June 27/08
effective retroactive to Feb. 20/08 and March 1/08 by Reg 186/2008
Pension Benefits Standards Act July 1/08 by 2008 Bill 33 s. 67(a), 68 only (Reg 198/2008Miscellaneous Statutes Amendment Act, 2008 
Pension Benefits Standards Regulation 433/93 June 27/08 by Reg 197/2008 and Reg 199/2008
July 1/08 by Reg 198/2008
School Act June 27/08 by 2007 Bill 23 s. 26 only (Reg 187/2008Knowledge Network Corporation Act 
Securities Act July 4/08 by 2008 Bill 28 ss. 1, 16-18, 20, 40(c)&(f) only (Reg 206/2008) Securities Amendment Act, 2007 
Securities Rules Regulation 194/97 July 4/08 by Reg 215/2008
Small Business Venture Capital Regulation 390/98 June 27/08 by Reg 209/2008
Social Services Employers Regulation 84/2003 June 27/08 by Reg 203/2008
Trust and Deposit Business Exemption Regulation 173/2008 NEW
June 27/08
see Reg 173/2008
LOCAL GOVERNMENT RELATED

Local Government News:

Federal, provincial funds support vibrant communities — More than 100 communities in B.C. will soon begin work on infrastructure projects that will improve their local environments, making them greener, more sustainable places to live, thanks to investments totalling $147 million from the Canada-B.C. Municipal Rural Infrastructure Fund (CBCMRIF). See News Release.

Communities benefit from $5 million investment in SolarBC — The Province is investing $5 million in the SolarBC program to encourage the installation of solar hot water heaters in homes, municipal buildings, schools, social housing and First Nations communities. See News Release.

LoGo Notebook —Staples McDannold Stewart has posted the Spring and Summer 2008 issues of their LoGo Notebook which include informative articles on the new Public Health Act (Bill 23) which comes into force by regulation sometime in the future; the Local Government (Green Communities) Statutes Amendment Act, 2008 (Bill 27), some of which is in force and some of which will come into force on October 1, 2008; and the "Definitive Court Ruling on LGA Section 943", among others. See Spring LoGo Notebook and Summer LoGo Notebook.

Act or Regulation Affected Effective Date Amendment Information
Applicability Regulation 308/2003 July 1/08 by Reg 126/2008
Assessment Act June 27/08 by 2008 Bill 11 ss. 1, 2(a)(part),(d), 3-4 only (Reg 208/2008) Small Business and Revenue Statutes Amendment Act, 2008 
British Columbia Railway Act July 1/08 by 2008 Bill 37 s. 96 only Carbon Tax Act 
Columbia-Shuswap Regional District Regulation 340/90 June 27/08 by Reg 189/2008
Consular Tax Exemption Regulation 26/86 REPEALED
July 1/08
by Reg 127/2008
Consular Tax Exemption Regulation 127/2008 NEW
July 1/08
see Reg 127/2008
Exempt Interests Regulation 302/90 June 27/08 by Reg 208/2008
Financial Information Act June 25/08 by 2008 Bill 14 s. 19 only (Reg 158/2008) Transportation Investment (Port Mann Twinning) Amendment Act, 2008 
June 27/08 by 2007 Bill 23 s. 22 only (Reg 187/2008Knowledge Network Corporation Act 
Freedom of Information and Protection of Privacy Act June 25/08 by 2008 Bill 14 s. 20 only (Reg 158/2008) Transportation Investment (Port Mann Twinning) Amendment Act, 2008 
June 27/08 by 2007 Bill 23 s. 23 only (Reg 187/2008Knowledge Network Corporation Act 
Prescribed Classes of Property Regulation 438/81 June 27/08 by Reg 208/2008
Prevention of Cruelty to Animals Regulation 231/95 June 27/08 by Reg 201/2008
Resort Area Tax Regulation 134/2008 July 1/08 by Reg 134/2008
Supportive Housing Property Valuation Regulation 208/2008 NEW
June 27/08
see Reg 208/2008
Transportation Investment Act June 25/08 by 2008 Bill 14 ss. 1-18 only (Reg 158/2008) Transportation Investment (Port Mann Twinning) Amendment Act, 2008 and by 2008 Bill 43 ss. 126-134 only (Reg 157/2008Miscellaneous Statutes Amendment Act (No. 2), 2008
MISCELLANEOUS
Act or Regulation Affected Effective Date Amendment Information
Firearm (Authorization) Regulation 373/80 June 27/08 by Reg 175/2008
Knowledge Network Corporation Act NEW
June 27/08
c. 27 (SBC 2007) 2007 Bill 23 (Reg 187/2008)
Libel and Slander Act June 27/08 by 2007 Bill 23 s. 24 only (Reg 187/2008Knowledge Network Corporation Act 
Miscellaneous Registrations Regulation 81/2004 July 1/08 by Reg 126/2008
Open Learning Agency Act REPEALED
June 27/08
Repealed by Reg 187/2008
Wines of Marked Quality Regulation 79/2005 July 11/08 by Reg 216/2008
MOTOR VEHICLE RELATED

Motor Vehicle News:

New B.C. booster seat law causes confusion — Canadian families preparing for inter-provincial road trips this summer may not be aware of B.C.'s new laws governing car and booster seats for children, which took effect July 1. The new provincial law states children under nine years who are shorter than 4'9 must ride in a booster seat while in a vehicle. See the News Article.

New Amendments to Commercial Transport Regulations Came into Force July 1 — These amendments redefine the acceptable vehicle width and length. To view the details of these important changes please click on the appropriate links in list below.

Act or Regulation Affected Effective Date Amendment Information
Accident Report Threshold Regulation 191/2008 NEW
July 1/08
see Reg 191/2008
Commercial Transport Regulations 30/78 July 1/08 by Reg 128/2008
Motor Fuel Tax Act July 1/08
by 2008 Bill 37 ss. 98-154 only Carbon Tax Act 
Motor Fuel Tax Regulation 414/85 July 1/08 by Reg 168/2008
Motor Vehicle Act July 1/08 by 2008 Bill 43 ss. 78, 80, 83, 85(b) & 87 only (Reg 191/2008Miscellaneous Statutes Amendment Act (No. 2), 2008
Motor Vehicle Act Regulations 26/58 July 1/08 by Reg 191/2008 and by Reg 218/2008
Passenger Transportation Act July 1/08 by 2008 Bill 33 ss. 42-59 only (Reg 192/2008) Miscellaneous Statutes Amendment Act, 2008 
Passenger Transportation Regulation 266/2004 July 1/08 by Reg 192/2008
Transportation Act Regulation 546/2004 Deposited
June 27/2008
effective retroactive to Mar. 31/08 by Reg 212/2008
REAL ESTATE & BUILDERS LIEN RELATED

Real Estate and Builders Lien News:

The Strata Property Group of Clark Wilson LLP recently published some informative articles dealing with strata corporations. View the following articles: Common Expenses – Can a Strata Corporation Reallocate if Unit Entitlement Appears Unfair? Access to Common Property by an Owner Is it Limited? Do Strata Corporations Have to Accommodate Purchasers?.

Act or Regulation Affected Effective Date Amendment Information
Builders Lien Act June 25/08 by 2008 Bill 43 s. 2 only (Reg 157/2008Miscellaneous Statutes Amendment Act (No. 2), 2008
Manufactured Home Regulation 441/2003
June 27/08 by Reg 190/2008
Prohibition Regulation No. 8 (232/79) REPEALED
June 27/08
Repealed by Reg 188/2008
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