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Vol: VII  –  Issue: XII      Dec. 31, 2008

QUICKSCRIBE NEWS:

January 1st changes included!

For your convenience, we have opted to include in this December Reporter a series of amendments scheduled to come into force on January 1st, 2009. Our staff worked diligently through the holidays to ensure that these important amendments were consolidated and posted in time for the New Year.

PDF - Date Printed

Clients who recently printed off a PDF version of an Act or regulation may have noticed a new date field located on the title page which read "this document was printed onů", followed by a date. This new feature was intended to help you determine the currency of the document once it was printed and presumably kept on file. The date that was being displayed however, reflected the date which we had published the PDF to the database not the date you may have actually printed the document. We are working on this issue and hope to re-introduce this new feature shortly. We apologize for any inconvenience.

Message from Quickscribe

As 2008 draws to a close, our team would like to take this opportunity to thank you for your business and for all of the valuable feedback we have received over the year. 2008 was a very busy year for Quickscribe, not just in terms of legislative changes, but also with respect to the work that went on behind the scenes to implement new content and features designed to make your legal research a little easier. 2009 promises to be no different, as our team continues to find new ways to add value to your service. Happy New Year, and all the best for 2009!


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ENERGY & MINES RELATED

Energy and Mines News:

2008 Oil And Gas Rights Sales A Record $2.66 Billion

The December sale of oil and gas rights resulted in a total of over $91.7 million in bonus bids, bringing the 2008 calendar year total to a record high $2.66 billion and building on the fiscal year record of $2.38 billion, it was recently announced. See News Release.

Act or Regulation Affected Effective Date Amendment Information
Mining Exploration Tax Credit Regulation (242/2007) Dec. 1/08 by Reg 344/2008
FAMILY, WILLS & ESTATES RELATED
Act or Regulation Affected Effective Date Amendment Information
Child Care Subsidy Regulation (74/97) Nov. 28/08 by Reg 337/2008
Division of Pensions Regulation (77/95) Dec. 9/08 by Reg 399/2008
Family Relations Act Dec. 9/08 by 2008 Bill 33 ss. 9 and 10 only (Reg 399/2008) Miscellaneous Statutes Amendment Act, 2008
Law and Equity Act Nov. 27/08 by 2008 Bill 45 s. 21 only Economic Incentive and Stabilization Statutes Amendment Act, 2008
Notice to Mediate (Family) Regulation (296/2007) Jan. 1/09 by Reg 294/2008
FOREST AND ENVIRONMENT RELATED

Forest and Environment News:

Amendments to the Occupational Health and Safety Regulation for Jan. 1, 2009

WorkSafeBC's Board of Directors has approved amendments to Parts 1, 4, 5, 14, 17, 20, 22, 23 and 26 of the Occupational Health and Safety Regulation. All amendments, except those relating to avalanche assessment in Part 4, come into force on January 1, 2009 and are included in this Reporter.

New Regulation Amendment to Allow the Surrender of Woodlot Licences

A notice issued by the Federation of British Columbia Woodlot Associations states that the Woodlot Licence Regulation under the Forest Act has been amended to authorize the surrender of woodlot licences (WLs). Under the new amendment, a licensee can submit a letter to the district manager or regional manager indicating a desire to surrender their WL and the Forest Service must accept the request to surrender after all legal and financial obligations have been completed or the WL holder provides security to ensure the completion of outstanding obligations. These recent amendments came into force on December 9th and are included in this Reporter.

Value-added wood companies to get their own timber supply

A forestry program for value-added manufacturers was reintroduced recently, five years after Victoria froze it during a major restructuring of forest policy. See the CBC news story.

Report Surveys Possible Sea Change For B.C. Coast

The Province of British Columbia has released a report on projected sea level changes in an effort to help B.C.'s coastal communities prepare for climate change and its serious effects, such as flooding, it was recently announced. See the News Release.

Forest Sector Bailout?

Canada's forest industry has a few demands of its own for Ottawa's consideration. The Forest Products Association of Canada wants to see 5 things in January's budget:

  • access to credit
  • investment tax incentives
  • investment in research, products, and marketing
  • development of bio-energy
  • extension of the federal work-sharing program beyond the current 38 weeks to preserve jobs and employment insurance benefits
Canada's forest industry has lost 38,000 jobs since 2003, and 207 mills have closed. See the CBC news story.

Provincial Land Use Planning: Which way from here?

The Forest and Range Practices Act, and the management regime surrounding it, are critical tools in the implementation of strategic land use planning. It is within that context that the Forest Practices Board provides this special report which:

  1. summarizes the history, and clarifies the current status, of strategic land use planning;
  2. enumerates mechanisms to implement plan objectives; and
  3. assesses the extent to which those mechanisms have been, and are likely to be, applied.
See the report from the Forest Practices Board of BC.

B.C. Government Releases Compliance Summary

The Ministry of Environment has released the third Quarterly Compliance and Enforcement Summary for 2008. View the Information Bulletin.

Act or Regulation Affected Effective Date Amendment Information
Advertising, Deposits, Disposition and Extensions Regulation (55/2006) Dec. 9/08 by Reg 381/2008
Agricultural Waste Control Regulation (131/92) Dec. 9/08 by Reg 377/2008
Angling and Scientific Collection Regulation (125/90) Dec. 9/08 by Reg 405/2008
BC Timber Sales Regulation (381/2008) NEW
Dec. 9/08
see Reg 381/2008
BC Timber Sales Regulation (265/88) REPEALED
Dec. 9/08
see Reg 381/2008
Carbon Neutral Government Regulation (392/2008) NEW
Dec. 9/08
see Reg 392/2008
Carbon Tax Act Jan. 1/09 by 2008 Bill 37 ss. 155 to 156 only Carbon Tax Act
Carbon Tax Regulation (125/2008) Dec. 31/08 by Reg 125/2008 see s. 43(5)
Jan. 1/09 by Reg 312/2008
Code of Practice for the Discharge of Produced Water from  Coalbed Gas Operations (156/2005) Dec. 5/08 by Reg 364/2008
Contaminated Sites Regulation (375/96) Jan. 1/09 by Regs 341/2008 and 343/2008
Cut Control Regulation (578/2004) Dec. 9/08 by Regs 382/2008, 383/2008
and 384/2008
Drinking Water Protection Regulation (200/2003) Dec. 31/08 by Reg 363/2008
Emission Offsets Regulation (393/2008) NEW
Dec. 9/08
see Reg 393/2008
Environmental Appeal Board Procedure Regulation (1/82) Nov. 28/08 by Reg 342/2008
Environmental Management Act Jan. 1/09 by 2008 Bill 31 ss. 1, 2(part); 6(part); 11(part) only (Reg 391/2008Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008
Forest Act Dec. 9/08 by 2008 Bill 31 ss. 32 & 32(c)&(d) only (Reg 388/2008Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008
Forest and Range Practices Act Dec. 9/08 by 2008 Bill 8, ss. 15, 17(a) and 28 only (Reg 390/2008Forests and Range Statutes Amendment Act, 2008
Forest Practices Board Regulation (15/2004) Dec. 9/08 by Reg 389/2008
Forestry Licence to Cut Regulation (221/2006) Dec. 9/08 by Reg 380/2008
Landfill Gas Management Regulation (391/2008) NEW
Jan. 1/09
see Reg 391/2008
Recycling Regulation (449/2004) Dec. 9/08 by Reg 374/2008
Scaling Regulation (446/94) Dec. 9/08 by Reg 385/2008
Spill Reporting Regulation (263/90) Dec. 9/08 by Reg 376/2008
Timber Marking and Transportation Regulation (253/97) Dec. 9/08 by Reg 387/2008
Waste Discharge Regulation (320/2004) Dec. 5/08 by Reg 365/2008
Dec. 9/08 by Reg 377/2008
Woodlot Licence Regulation (68/2006) Dec. 9/08 by Reg 388/2008
HEALTH RELATED

Health News:

Changes To Health Profession Act Intended to Improve Accountability

Over the next seven months, the professions of pharmacy, chiropractic, medicine, dentistry and optometry will transition under the Health Professions Act, providing a consistent approach to health profession regulation in B.C., it was recently announced. See the News Release.

Speech And Hearing Regulatory College Created

The professions of audiology, speech-language pathology and hearing instrument dispensing will come under the Health Professions Act through a new regulatory college for speech and hearing professionals it was recently announced. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
Health Professions Act Dec. 9/08 by 2008 Bill 25, s. 48(part) only (Reg 396/2008Health Professions (Regulatory Reform) Amendment Act, 2008
Dec. 15/08 by 2008 Bill 25, s. 24(b) only (Reg 395/2008Health Professions (Regulatory Reform) Amendment Act, 2008
Health Professions Designation Regulation (270/2008) Dec. 15/08 by Reg 412/2008
Health Professions General Regulation (275/2008) Dec. 15/08 by Reg 418/2008
Hospital District Act Regulation (406/82) Nov. 28/08 by Reg 336/2008
Speech and Hearing Health Professional Regulation (413/2008) NEW
Dec. 15/08
ss. 1, 2 and 7, see Reg 413/2008
LABOUR & COMPANY RELATED

Labour and Company News:

Amendments to the Occupational Health and Safety Regulation for Jan. 1, 2009

WorkSafeBC's Board of Directors has approved amendments to Parts 1, 4, 5, 14, 17, 20, 22, 23 and 26 of the Occupational Health and Safety Regulation. All amendments, except those relating to avalanche assessment in Part 4, come into force on January 1, 2009 and are included in this Reporter.

Proposed Harmonization of the Liquor Control and Licensing Regulation/Working Alone or in Isolation

WorksafeBC's Board of Directors has approved taking to the 2009 public hearing an adjustment to Part 4 relating to working alone or in isolation. The proposed adjustment to the regulation regarding working alone will harmonize it to the requirements of the Liquor Control and Licensing Regulation: Late night hours will be defined as being between 11 p.m. and 6 a.m., rather than between 10 p.m. and 6 a.m. With regard to the one-hour differential, the general duties of the law remain in effect as do the specific requirements of the Occupational Health and Safety Regulation that address violence prevention and safe work practices. See the WorksafeBC site.

Labour Bulletin – Click here for Staples McDannold Stewart's Labour Bulletin with the article "Employer's Duty to Accommodate Disabled, Including Chronically Ill, Employees".

Act or Regulation Affected Effective Date Amendment Information
Business Practices and Consumer Protection Act Dec. 9/08 by 2005 Bill 16, s. 3 only (Reg 400/2008Miscellaneous Statutes Amendment Act (No. 2), 2005
Conseil Scolaire Francophone de la Colombie- Britannique Regulation (213/99) Nov. 28/08 by Reg 352/2008
Credit Union Incorporation Act Dec. 9/08 by 2008 Bill 32, ss. 45 and 46 only (Reg 403/2008Trade, Investment and Labour Mobility Agreement Implementation Act
Debt Collection Industry Regulation (295/2004) Dec. 9/08 by Reg 400/2008
Electoral Zones Regulation (272/97) Nov. 28/08 by Reg 352/2008
Employment and Assistance for Persons with Disabilities Regulation (265/2002) Dec. 2/08 by Regs 339/2008 and 340/2008
Employment and Assistance Regulation (263/2002) Dec. 2/08 by Regs 338/2008 and 340/2008
Financial Institutions Act Nov. 27/08 by 2008 Bill 45, ss. 14, 16 to 19 only Economic Incentive and Stabilization Statutes Amendment Act, 2008
Forgiveness of Student Loans Regulation (236/2001) Dec. 9/08 by Reg 378/2008
Forms Regulation (315/2005) Dec. 9/08 by Reg 410/2008
Health Care Employers Regulation (427/94) Dec. 4/08 by Reg 362/2008
Income Tax Act RETRO
Jan. 1/08
by 2008 Bill 45, s. 3 only Economic Incentive and Stabilization Statutes Amendment Act, 2008
Dec. 1/08 by 2008 Bill 45, s. 4 only Economic Incentive and Stabilization Statutes Amendment Act, 2008
Jan. 1/09 by 2008 Bill 2, ss. 37 and 39 only Budget Measures Implementation Act, 2008
Insurance Company Exemption Regulation (366/2007) Dec. 9/08 by Reg 379/2008
Insurance Licensing Exemptions Regulation (328/90) Dec. 9/08 by Reg 379/2008
Mining Exploration Tax Credit Regulation (242/2007) Dec. 1/08 by Reg 344/2008
Multilateral Instrument 52-109: Certification of Disclosure in Issuers' Annual and Interim Filings (266/2005) REPEALED
Dec. 15/08
by Reg 327/2008
National Instrument 51-102: Continuous Disclosure Obligations (110/2004) Dec. 15/08 by Reg 327/2008
National Instrument 52-109: Certification of Disclosure in Issuers' Annual and Interim Filings (327/2008) NEW
Dec. 15/08
see Reg 327/2008
Notaries Act Jan. 1/09 by 2008 Bill 32, ss. 58 to 70 only (Reg 325/2008Trade, Investment and Labour Mobility Agreement Implementation Act
Notaries Regulation No. 2 (325/2008) NEW
Jan. 1/09
see Reg 325/2008
Occupational Health and Safety Regulation (296/97) Jan. 1/09 by Regs 20/2008 and 258/2008
Pension Benefits Standards Act Nov. 27/08 by 2008 Bill 45, s. 22 only Economic Incentive and Stabilization Statutes Amendment Act, 2008
Dec. 9/08 by 2008 Bill 33, ss. 62, 63 and 65 only (Reg 399/2008Miscellaneous Statutes Amendment Act, 2008
Pension Benefits Standards Regulation (433/93) Dec. 9/08 by Reg 399/2008
School Act Jan. 1/09 by 2008 Bill 45, ss. 9 to 19 only Economic Incentive and Stabilization Statutes Amendment Act, 2008 and  by 2007 Bill 20, s. 20(part) only (Reg 219/2008School (Student Achievement Enabling) Amendment Act, 2007
Security Services Regulation (207/2008) Dec. 1/08 by Reg 207/2008 s. 19(4)
Small Business Venture Capital Regulation (390/98) Dec. 9/08 by Reg 407/2008
Jan. 1/09 by Reg 209/2008
Social Services Employers Regulation (84/2003) Dec. 9/08 by Reg 401/2008
Telemarketer Licensing Regulation (83/2005) Dec. 9/08 by Reg 400/2008
Travel Industry Regulation (296/2004) Dec. 9/08 by Reg 400/2008
LOCAL GOVERNMENT RELATED

Local Government News:

Communities Encouraged To Bid As Host To Canada Games

The Province is inviting all British Columbia communities to consider a bid to host the 2015 Canada Winter Games and attend an information session on the bid process, it was recently announced. Hosting an event of this calibre generates significant economic activity in the host community, builds the community's volunteer capacity and showcases their town or city to the rest of Canada. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
Additional Tax Regulation for the Regional District of East Kootenay (Invermere Area) (398/2008) NEW
Dec. 9/08
see Reg 398/2008
British Columbia Building Code Regulation (216/2006) Nov. 26/08 by Reg 334/2008
British Columbia Transit Regulation (30/91) Nov. 28/08 by Reg 336/2008
Community Planning Area No. 28 - Dease Lake Land Use Regulation, 1991 (81/91) REPEALED
Dec. 1/08
by Reg 311/2008
Community Planning Area No. 28 - Dease Lake Mobile Home Park Regulation, 1991 (80/91) REPEALED
Dec. 1/08
by Reg 311/2008
Community Planning Area No. 28 - Distribution of Notices of Public Hearing (309/87) REPEALED
Dec. 1/08
by Reg 311/2008
Community Planning Area No. 28 Regulations (70/81) REPEALED
Dec. 1/08
by Reg 311/2008
Community Planning Area No. 30 Regulation (71/81) Jan. 1/09 by Reg 368/2008
Converted Value Percentages Regulation (371/2003) Nov. 28/08 by Reg 336/2008
Designation of Special Purpose, Teaching Universities Regulation (220/2008) Nov. 28/08 By Reg 355/2008
Drainage, Ditch and Dike Act Dec. 9/08 by Reg 373/2008
Heritage Special Direction No. HC2 to the British Columbia Utilities Commission (158/2005) Nov. 28/08 by Reg 335/2008
Improvement District Bylaw Registration Exemption Regulation (367/2008) NEW
Jan. 1/09
see Reg 367/2008
Improvement District Tax Regulation (438/2003) Nov. 28/08 by Reg 336/2008
Local Government Act Nov. 28/08 by 2008 Bill 7, ss. 81 and 82 only (Reg 348/2008Local Government Statutes Amendment Act, 2008
Jan. 1/09 by 2008 Bill 7, ss. 76 to 79 only (Reg 349/2008Local Government Statutes Amendment Act, 2008
Municipal Finance Authority Regulation (67/98) Nov. 28/08 by Reg 336/2008
Municipal Tax Regulation (426/2003) Nov. 28/08 by Reg 336/2008
Port Land Valuation Regulation (220/2007) Nov. 27/08 by 2008 Bill 45, s. 36 only  Economic Incentive and Stabilization Statutes Amendment Act, 2008
Ports Property Tax Act Jan. 1/09 by 2008 Bill 2, s. 87 only Budget Measures Implementation Act, 2008
Prescribed Classes of Property Regulation (438/81) Jan. 1/09 by Reg 297/2008
Railway Property Designation Additional Lands Regulation No. 2 (406/2008) NEW
Dec. 9/08
see Reg 406/2008
Railway Property Designation and Form of Transfer Regulation (498/2003) Dec. 9/08 by Reg 370/2008
Regional District of Central Okanagan Regulation (391/89) Nov. 28/08 by Reg 346/2008
Regional District Requisition Regulation (347/2008) NEW
Nov. 28/08
see Reg 347/2008
Regional District Tax Regulation (439/2003) Nov. 28/08 by Reg  336/2008
School Act Jan. 1/09 by 2008 Bill 45, ss. 9 to 19 only Economic Incentive and Stabilization Statutes Amendment Act, 2008 and  by 2007 Bill 20, s. 20(part) only (Reg 219/2008School (Student Achievement Enabling) Amendment Act, 2007
Social Service Tax Act Regulations (84/58) Dec. 9/08 by Reg 402/2008
South Coast British Columbia Transportation Authority Act Jan. 1/09 by 2007 Bill 43, ss. 40 to 52 only Greater Vancouver Transportation Authority Amendment Act, 2007
Travel Industry Regulation (296/2004) Dec. 9/08 by Reg 400/2008
Vancouver Foundation Act Nov. 27/08 by 2008 Bill 46, ss. 1 to 5 only Vancouver Foundation Amendment Act, 2008
MISCELLANEOUS
Act or Regulation Affected Effective Date Amendment Information
Advertising Sponsor Disclosure Report Regulation (431/99) Nov. 25/08 by Reg 331/2008
Economic Incentive and Stabilization Statutes Amendment Act, 2008 Nov. 27/08 c. 44 (SBC 2008) 2008 Bill 45 in force by Royal Assent, see ss. 23 to 35, 37 and 38
Election Advertising Regulation (329/2008) NEW
Nov. 25/08
see Reg 329/2008
Election Financing Regulation (371/95) Nov. 25/08 by Reg 333/2008
Electoral Reform Referendum 2009 Act Regulation (266/2008) Dec. 12/08 by Reg 411/2008
Leadership Contestant Financing Regulation (433/99) Nov. 25/08 by Reg 328/2008
Political Party and Constituency Association Financial Reports Regulation (434/99) Nov. 25/08 by Reg 332/2008
Private Career Training Institutions Act Nov. 28/08 by 2008 Bill 43, ss. 106, 107 and 108(a) only (Reg 350/2008Miscellaneous Statutes Amendment Act (No. 2), 2008
Voter Registration Regulation (383/2004) Nov. 25/08 by Reg 330/2008
Wines of Marked Quality Regulation (79/2005) Dec. 31/08 by Reg 250/2007
MOTOR VEHICLE RELATED

Motor Vehicle News:

Changes to the Non-Resident Quarterly Permit Weight Threshold and the Repeal of the Peace River Farm Agreement

The CVSE released a circular to advise that as of January 1, 2009, BC is making the following commercial vehicle licensing changes:

  • increasing the weight threshold for intra-jurisdictional travel under the Non-Resident Quarterly Permit (NRQP) to 11,794 kg licensed gross vehicle weight; and
  • repealing the Peace River Farm Agreement (PRFA)
  • .
See the Compliance Circular.

Act or Regulation Affected Effective Date Amendment Information
Commercial Transport Act Jan. 1/09 by 2008 Bill 17, s. 15 only (Reg 313/2008Public Safety and Solicitor General (Gift Card Certainty) Statutes Amendment Act, 2008
Commercial Transport Fees Regulation (328/91) Jan. 1/09 by Reg 313/2008
Commercial Transport Regulations (30/78) Jan. 1/09 by Reg 313/2008
Motor Fuel Tax Regulation (414/85) Jan. 1/09 by Reg 312/2008
Transportation Act Dec. 9/08
by 2008 Bill 32, s. 77 only (Reg 404/2008Trade, Investment and Labour Mobility Agreement Implementation Act
REAL ESTATE & BUILDERS LIEN RELATED
Act or Regulation Affected Effective Date Amendment Information
Court Order Enforcement Act
Nov. 27/08 by 2008 Bill 45, s. 13 only Economic Incentive and Stabilization Statutes Amendment Act, 2008
Land Recording Districts Regulation (345/2008) Nov. 28/08 by Reg 345/2008
Land Tax Deferment Act Nov. 27/08 by 2008 Bill 45, ss. 5 to 9 only Economic Incentive and Stabilization Statutes Amendment Act, 2008
Land Title Act Nov. 28/08 by 2008 Bill 32, s. 56 only (Reg 354/2008Trade, Investment and Labour Mobility Agreement Implementation Act
Real Estate Services Regulation (506/2004) Jan. 1/09 by Reg 17/2008
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