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Vol: VIII  –  Issue: I      January 30, 2009

QUICKSCRIBE NEWS:

Legislature
The Legislature had a short emergency sitting January 17-18 to introduce, pass and give Royal Assent to the Vancouver Charter Amendment Act, 2009 (2009 Bill 47). The Bill authorizes the City of Vancouver to undertake borrowing and other financing arrangements in relation to the Southeast False Creek development project, among other items.
The Legislature will resume Tuesday, February 19 with the Speech from the Throne, followed a few days later by the introduction of the Budget. Since the election will be held on May 12, 2009, it is expected that the session will be short.

Budget not perfect, but still good
for B.C., Campbell says

Premier Gordon Campbell didn't receive everything he was hoping for in the federal budget, but he was quick to say the collection of major spending programs unveiled Tuesday could be good for B.C. To read more about the BC Premier's reaction as reported by Jonathan Fowlie, Vancouver Sun, see News Story.

Quickscribe Turns 25
This year will mark Quickscribe's 25th year in business. We would like to take this opportunity to thank the thousands of professionals who continue to rely on Quickscribe as a source for legislation research. Know that we are committed to ensuring that our service continues to evolve and expand and we look forward to meeting your needs for the next 25 years.

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ENERGY & MINES RELATED

Energy and Mines News:

BC Mineral Exploration and Mining Sector Provides
Recommendations for Federal Budget

Representatives of BC's mineral exploration and mining sector met with the Honourable Lisa Raitt, federal Minister of Natural Resources prior to the release of the Federal Budget, to discuss the impact of the global economic and financial crisis on the industry and measures that both industry and governments can take to address the impacts. To view the recommendations see the News Release.

2008 Another Strong Year For B.C. Mineral Exploration
Mineral exploration activity in the province reached $367 million in 2008, with 98 projects spending in excess of $1 million, it was recently announced. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
FAMILY, WILLS & ESTATES RELATED

Family, Wills and Estates News:

Crime Prevention Pilot Promotes Youth Development
A community-based crime prevention pilot program focused on promoting positive youth development through inclusive and caring communities is being implemented in Williams Lake and Anahim Lake, it was recently announced. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
Notice to Mediate (Family) Regulation (296/2007) Jan. 1/09 by Reg 294/2008
FOREST AND ENVIRONMENT RELATED

Forest and Environment News:

B.C. To Increase Use of Local Wood in Public Buildings
The B.C. government will do more to expand markets and opportunities for local wood products globally and within the province in an effort to boost the forest industry it was recently announced. See the CBC News Story.

Province Stuck With Failed Mackenzie Pulp Mill: NDP
Environment Minister Penner says government is determined to track down the owners and make them pay. The B.C. government has inherited the Mackenzie pulp mill and all the liabilities that go along with it whether they want it or not, NDP forests critic Bob Simpson said recently. See the Vancouver Sun News Story.

Forestry Association Welcomes Budget; Union Angered
The Forest Products Association of Canada is pleased with the new federal budget, but the union representing 55,000 workers in the industry calls it a cruel joke. See the CBC News Story.

Canada's Forest Professionals Call For
Investments In Green Infrastructure

Canada is one of the few countries in the world with large publicly owned forests. Many of these forests are managed by private companies for timber and other forest products under standards set by provincial and territorial governments. Over the past two decades federal, provincial and territorial governments have agreed to ensure that the use of our public forests is sustainable over the long term. See the Canadian Institute of Forestry's News Release.

The Carbon Marketing Wars Have Begun
Their logos and packaging are near clones—Lay's potato chips in the United States and Walkers crisps in the United Kingdom. The story behind the similarity is that both brands are owned by PepsiCo. But a subtle difference sets them apart. Each bag of Walkers crisps carries a label stating that 75.0 grams of carbon were emitted to produce a 34.5 gram bag of chips. See the Full Story. Source: Environmental News Network.

Premier Announces Forestry Initiatives
At the 66th Annual Truck Loggers Association Convention, BC Premier Gordon Campbell announced initiatives for the forest industry. Among the initiatives listed were:

  • stumpage price changes
  • encouragement of the federal government to extend Employment Insurance and Work-Sharing Program
  • encouragement of the federal government to provide tax exemptions for trust funds
  • a Wood-First Policy
  • expand six-storey wood-frame construction
  • expand B.C. Wood-First Policy to a national strategy
  • a Commercial Forest Reserve
  • Woodworkers' Lien Act review
  • increase access to fibre supply
  • bioenergy tenure and pricing
See the Full Story as reported by COFI.

Radar Guns To Monitor All
Forest Service Roads

Radar guns will now be used to monitor and enforce safety on all provincial Forest Service Roads, it was recently announced. The ministry has purchased six new radar guns, for a total to 10, giving all three forest regions an additional two radar guns each. The ministry will then work in co-operation with the RCMP to train two to three Compliance and Enforcement Officers per district, for each of the 29 forest districts, in their proper use. In conjunction with radar guns, the ministry will also place three speed boards, one per region, in different locations around the province to increase driverís awareness of their speed. Other recent resource road safety initiatives undertaken by the Ministry of Forests and Range include: road infrastructure improvements, a pilot project to standardize radio call procedures and road signage. As well, TruckSafe has expanded its Vehicle Identification Plates Program to make it simpler and easier to report unsafe driving incidents. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
Carbon Tax Act Jan. 1/09 by 2008 Bill 37 ss. 155 to 156 only Carbon Tax Act
Carbon Tax Regulation (125/2008) Jan. 1/09 by Reg 312/2008
Contaminated Sites Regulation (375/96) Jan. 1/09 by Regs 341/2008 and 343/2008
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
Integrated Pest Management Regulation (604/2004) Dec. 18/08 by Regs 426/2008 and 427/2008
Landfill Gas Management Regulation (391/2008) NEW
Jan. 1/09
see Reg 391/2008
HEALTH RELATED

Health News:

Private Clinics in B.C. Launch Challenge
to Provincial Medicare Legislation

A collection of private medical clinics in British Columbia launched a Constitutional legal challenge recently, attempting to have patient access restrictions at their clinics struck down. See the Canadian Press News Story.

Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
LABOUR & COMPANY RELATED

Labour and Company News:

Premiers, PM Reach Labour Mobility Deal
Canada's first ministers finalized a labour mobility deal recently that means Canadians will be able to work in other provinces without having to recertify their skills. See the CBC News Story.

Consumer Taxation Branch
A new form, Carbon Tax Return - Miscellaneous (FIN 162) is now available. Use this form if you have sold fuel in British Columbia that you acquired without paying security or tax. Do not use this form if you have been appointed a collector or an exempt fuel retailer or to report sales of marketable natural gas and propane. See What's New.
The following bulletins have been revised:

  • Bulletin SST 016, Provincial Social Service Tax (PST) and Federal Goods and Services Tax (GST), has been rewritten using plain language principles and a new format so that the information is easier to read.
  • Bulletin SST 109, Prototypes, has been rewritten using plain language principles and a new format so that the information is easier to read. It has also been updated to include information on mock-ups.
  • Bulletin SST 051 Aircraft has been updated to include information on how PST applies to flying schools.
  • Bulletin SST 122, Automotive Services and Parts, has been updated to clarify that inspection services are not taxable when no repairs are performed. The bulletin also confirms the application of PST and the Passenger Vehicle Rental Tax (PVRT) to courtesy vehicles provided under an alternative transportation program.

Act or Regulation Affected Effective Date Amendment Information
Extended Health Care and Dental Plans Regulation (403/97) Jan. 16/09 by Reg 5/2009
Group Life Insurance Regulation (No. 1) (408/97) Jan. 16/09 by Reg 5/2009
Income Tax Act Jan. 1/09 by 2008 Bill 2, ss. 37 and 39 only Budget Measures Implementation Act, 2008
Industry Training Regulation (324/2003) Dec. 23/08 by Reg 429/2008
Long Term Disability Plan Regulation  (409/97) Jan. 16/09 by Reg 5/2009
National Instrument 51-102: Continuous Disclosure Obligations (110/2004) Dec. 31/08 by Reg 428/2008
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
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
Small Business Venture Capital Regulation (390/98) Jan. 1/09 by Reg 209/2008
Vacation Entitlement for Re-employed Appointees Regulation (6/2009) NEW
Jan. 16/09
see Reg 6/2009
LOCAL GOVERNMENT RELATED

Local Government News:

Vancouver gets OK to borrow to
finish Olympic Village

The City of Vancouver has been given the go-ahead to borrow the money it needs to complete the Village for the 2010 Olympic Winter Games. See the CBC News Story.

Big City Mayors Request More Infrastructure Funding to
Fight Recession by Federation of Canadian Municipalities

The mayors of Canada's 22 largest cities are calling on the federal and provincial governments to join them in fighting the recession by quickly getting new funding to infrastructure projects. That was the message FCM's Big City Mayors Caucus (BCMC) delivered at their meeting in Ottawa ahead of the recent First Ministers' meeting. The mayors say that, while important, the Building Canada Fund (BCF) is too slow to deliver the stimulus needed to fight the recession and create jobs. Instead, the federal government must incorporate the highly-efficient gas tax funding model into a national stimulus package that increases and accelerates the flow of funding to local governments. This will deliver a significant and immediate economic boost to cities and communities across the country. See the Federation of Canadian Municipalities' News Release.

Act or Regulation Affected Effective Date Amendment Information
Community Planning Area No. 30 Regulation (71/81) Jan. 1/09 by Reg 368/2008
Improvement District Bylaw Registration Exemption Regulation (367/2008) NEW
Jan. 1/09
see Reg 367/2008
Liquor Control and Licensing Act Jan. 16/09 by 2008 Bill 32, ss. 57 only (Reg 7/2009Trade, Investment and Labour Mobility Agreement Implementation Act
Local Government Act Jan. 1/09 by 2008 Bill 7, ss. 76 to 79 only (Reg 349/2008Local Government 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
Resort Region Regulation (90/2007) Jan. 16/09 by Reg 4/2009
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
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
Vancouver Charter Jan. 18/09 by 2009 Bill 47, ss. 1 and 2 only Vancouver Charter Amendment Act, 2009
Vancouver Olympic and Paralympic Facilities Regulation (430/2008) NEW
Dec. 29/08
see Reg 430/2008
MISCELLANEOUS
Act or Regulation Affected Effective Date Amendment Information
Wines of Marked Quality Regulation (79/2005) Dec. 31/08 by Reg 250/2007
MOTOR VEHICLE RELATED

Motor Vehicle News:

Green Light Transportation System —
Coming Spring 2009

GLTS is an intelligent network of commercial vehicle inspection stations across the province (Highways 1 and 5) allowing commercial vehicles that have been initially checked to be given an automatic bypass at all subsequent Inspection Stations for the next 12 hours. For more details, see the Ministry website.

Consumer Taxation Branch
The following updates have been posted:

  • PST reduction on fuel efficient vehicles – The eligible 2009 fuel efficient vehicles qualifying for a PST reduction has been updated to include the Ford Escape XLT (manual) FWD and the Jetta TDI Wagon (automatic and manual). See the list on the Motor Vehicle Dealer's industry webpage.
  • Exempt Fuel Retailers – Two new forms, Schedule 1 - Gasoline Schedule (FIN 127) and Schedule 2 - Diesel Schedule (FIN 133) are now available for use by Exempt Fuel Retailers authorized to purchase these fuels exempt of security. See What's New.

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
Commercial Vehicle Exemption Authorization Regulation (157/98) REPEALED
Jan. 1/09
by Reg 313/2008
Motor Fuel Tax Regulation (414/85) Jan. 1/09 by Reg 312/2008
REAL ESTATE & BUILDERS LIEN RELATED

Real Estate and Builders Lien News:

Developer Sues Condo Buyers Who
Try To Back Out Of Contracts

One Metro Vancouver developer is suing pre-sale buyers in a project for trying to back out of their deals, which could be the leading edge of a trend, according to a property law expert, as buyers grapple with a real estate market where prices are falling and gains buyers were expecting have disappeared. See the Vancouver Sun News Story.

Act or Regulation Affected Effective Date Amendment Information
Real Estate Services Regulation (506/2004) Jan. 1/09 by Reg 17/2008
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