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Vol: VIII  –  Issue: II      February 27, 2009

QUICKSCRIBE NEWS:

Legislature
On February 9, 2009, the House reconvened, continuing the 4th session of the 38th Parliament, in order to pass legislation relating to deficits in the budget. The 5th (spring) session began a week later with the Speech from the Throne and the next day, Tuesday February 17, the budget was introduced and debate on that continues.

Legislation
March 1st Amendments. While it is our policy not to publish amendments prior to the date they come into force, we have opted to post the March 1st changes early for your convenience.
April 1st Amendments. A flurry of amendments will be coming through April 1, including changes to the Trade, Investment and Labour Mobility Agreement Implementation Act; health-related legislation including the Health Professions Act, the Medical Practitioners Act and the Pharmacy Operations and Drug Scheduling Act; and liquor-related legislation, among others.

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ENERGY & MINES RELATED

Energy and Mines News:

BC Mineral and Mining Sector
Express Mixed Views on Budget

The Association for Mineral Exploration British Columbia (AME BC) believes that more must be done to reflect the importance of mineral exploration to economic recovery. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
Net Profit Royalty Regulation (98/2008) Jan. 30/09 by Reg 16/2009
Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation (495/92) Feb. 1/09 by Reg 17/2009
FAMILY, WILLS & ESTATES RELATED
Act or Regulation Affected Effective Date Amendment Information
Family Maintenance Enforcement Act Mar. 2/09 by 2007 Bill 33 ss. 17, 18, 20, 22, 23 and 28 (b) only (Reg 19/2009Attorney General Statutes Amendment Act, 2007
Family Maintenance Enforcement Act Regulation (346/88) Mar. 2/09 by Reg 19/2009
FOREST AND ENVIRONMENT RELATED

Forest and Environment News:

B.C. Wood Truss Roofing Gets
Go-Ahead In China

The Shanghai government has formally approved a B.C.-designed roofing system as part of a plan to renovate 10,000 city apartment buildings in the lead-up to the World Expo 2010 in Shanghai, it was recently announced. The approval applies to a wood truss roofing system designed by Chinese officials in collaboration with B.C. Forestry Innovation Investment, the Province's international marketing agency for B.C. forest products, which provided engineering assistance, access to B.C. lumber, and demonstration sites donated by B.C. See the News Release.

New Funding Promotes
Silviculture Safety

The Western Silviculture Contractors’ Association (WSCA) will receive $500,000 for the delivery of four safety programs designed specifically for the silviculture industry, Forests and Range Minister Pat Bell and Community Development Minister Kevin Krueger recently announced. See details in the News Release.

Key Lessons from Recent
BC Economic Summits

The provincial government’s Northern BC Economic Opportunities Summit and the BC Economic Summit were recently held in Prince George and Vancouver on January 22-23 and February 3-4, 2009 respectively. The remarks of David Emerson, Chair of the Economic Advisory Council to Cabinet, to the Summit in Vancouver emphasized that short-term economic action should not result in short-term thinking. In this regard, Mr. Emerson suggested seven key themes that are needed for longer-term strategic thinking and action. For more details, see the Newsletter from the Council of Forest Industries.

Mackenzie Mill Scare
Residents of the industrial area in Mackenzie were allowed back in their homes February 23rd, following the threat from a chlorine dioxide leak at the Worthington-Mackenzie Pulp Mill the night before. The leaky valve on one of three chlorine dioxide tanks was subsequently contained, and once it was secure, the evacuation order was lifted. No injuries were sustained. The long term plan is to remove the chemicals from the Mill. See the Opinion250 news article.

Houston Truckers Protest
Worksafe regulation

As reported by the BC Forest Safety Council’s news release RUMBLINGS, A group of Houston Truckers recently sent a letter to WorkSafe BC expressing their opinions re: OH&S Regulation Section 26.66 (4.1) concerning climbing on Logging truck bunks and trailer assemblies. They are concerned that the regulation is causing more of a safety hazard than the alternative of safely climbing on the trailer superstructure. See the entire letter.

White Paper (Forest Carbon Storage)
This White Paper describes the potential of forests in the northern hemisphere in general, and in British Columbia in particular, in sequestering atmospheric carbon dioxide and thus mitigating anthropogenic greenhouse gas emissions, apart from providing environmental and economical benefits. Among some of the recommendations, research shows that fertilization of high-productivity forest sites not only can provide economic returns in terms of harvested wood, but also can increase C sequestration and reduce GHG global warming potential (GWP). See the full Report.

Act or Regulation Affected Effective Date Amendment Information
Carbon Tax Regulation (125/2008) Feb. 1/09 by Reg 13/2009
Motor Vehicle Prohibition Regulation (196/99) Feb. 15/09 by Reg 425/2008
Scaling Regulation (446/94) Mar. 1/09 by Reg 386/2008
HEALTH RELATED
Act or Regulation Affected Effective Date Amendment Information
Chiropractors Act REPEALED
Mar. 1/09
by 2003 Bill 62 s. 58 (a) only (Reg 420/2008Health Professions Amendment Act, 2003
Chiropractors Regulation (414/2008) NEW
Mar. 1/09
see Reg 414/2008 (authority under the Health Professions Act)
Health Care Consent Regulation (20/2000) Mar. 1/09 by Regs 420/2008 and 422/2008
Health Professions Act Mar. 1/09 by 2006 Bill 29 s. 7 enacting section 15.1 (1) and (5) of the Health Professions Act only (Reg 420/2008Health Statutes Amendment Act, 2006
Health Professions Designation Regulation (270/2008) Mar. 1/09 by Regs 420/2008 and 422/2008
Hospital District Act Regulation (406/82) Feb. 6/09 by Reg 14/2009
Medicare Protection Act Mar. 1/09 by 2003 Bill 62 s. 52 only (Reg 420/2008Health Professions Amendment Act, 2003
Optometrists Act REPEALED
Mar. 1/09
by 2003 Bill 62 s. 58(f) only (Reg 420/2008Health Professions Amendment Act, 2003
Prescribed Health Care Profession Regulation (277/97) Mar. 1/09 by Reg 422/2008
LABOUR & COMPANY RELATED

Labour and Company News:

Proposed Amendments to the Variable
Shift Worker Policy

WorkSafeBC policy in the Rehabilitation Services and Claims Manual Volume II provides guidance on setting short-term average earnings for variable shift workers. At issue is whether policy on variable shift workers should be revised to: reference on call workers who work regularly but at differing rates of pay; introduce a more flexible approach to determining short-term average earnings; exclude prior periods of wage-loss compensation from short-term average earnings calculations; and ensure consistent use of the terms "date of injury" and "time of injury" in policy. See the article from WorkSafeBC.

Basic Overview of the Securities
Regulation in BC

A paper was prepared by Dwight D. Dee of Miller Thomson LLP, Vancouver, BC, for the Continuing Legal Education Society of British Columbia, February 2009. This paper is intended for Securities, junior lawyers and support staff and provides an outline of the general framework of securities legislation and discusses some of the principal areas of regulation. See the paper.

Consumer Taxation Branch
The provincial government announced its 2009 Budget on February 17, 2009. Programs administered by the Consumer Taxation Branch are amended as a result. The changes are described in detail in the following publications and webpages:

In addition, the following updates have been posted:

  • Bulletin MFT 004, Fuel Tax Refund Program for Persons with Disabilities has been completely rewritten using plain language and a new format so that the information is easier to read. See the Form.
  • Notice to Businesses - PST on Administrative Materials. This notice clarifies how PST applies to administrative materials sent into or out of British Columbia. See the Notice.
  • Bulletin SST 098, Equipment Brought into British Columbia for Temporary Use (1/3rd Formula), has been rewritten using plain language and a new format so that the information is easier to read. See the Bulletin.
See also What's New.

Act or Regulation Affected Effective Date Amendment Information
Approved Plan Regulation (143/2005) Mar. 1/09 by Regs 420/2008 and 422/2008
Employment and Assistance for Persons with Disabilities Regulation (265/2002) Mar. 1/09 by Regs 420/2008 and 422/2008
Employment and Assistance Regulation (263/2002) Mar. 1/09 by Regs 420/2008 and 422/2008
Employment Standards Regulation (396/95) Mar. 1/09 by Regs 420/2008 and 422/2008
Security Services Regulation (207/2008) Mar. 1/09 by Reg 207/2008 (see s. 19(4))
Workers Compensation  Act Mar. 1/09 by 2003 Bill 62 s. 57 only (Reg 420/2008Health Professions Amendment Act, 2003
LOCAL GOVERNMENT RELATED

Local Government News:

Municipal Councillors Handbook 2008
Staples McDannold Stewart has posted the Municipal Councillors Handbook which is updated as of December 2008. See Handbook.

Canada and BC to Create Jobs with $110 Million
Investment in BC Communities

Over $110 million has been announced for 41 infrastructure projects to help smaller communities throughout British Columbia meet their pressing infrastructure needs, help stimulate the economy and support continued economic growth. See News Release.

Mayors want tougher bail
and sentence laws

Metro Vancouver mayors are demanding a set of legislative changes from Ottawa as they declare war against increasing gang violence. The demands were the result of a recent meeting of mayors, city councillors and police representatives from eight municipalities. Among the list of demands are changes to bail laws, wiretapping regulations and the oft-used "two-for-one" time credit given to convicted criminals at sentencing. See the Times Colonist news story.

Act or Regulation Affected Effective Date Amendment Information
Bylaw Notice Enforcement Regulation (175/2004) Mar. 1/09 by Reg 24/2009
Fort Nelson-Liard Regional District Regulation (14/94) REPEALED
Feb. 6/09
by Reg 14/2009
Heritage Special Direction No. HC2 to the British Columbia Utilities Commission (158/2005) Feb. 17/09 by Reg 27/2009
Liquor Control and Licensing Act Jan. 30/09 by 2008 Bill 17 ss. 16-17 only (Reg 15/2009) Public Safety and Solicitor General (Gift Card Certainty) Statutes Amendment Act, 2008
Liquor Control and Licensing Regulation (244/2002) Jan. 30/09 by Reg 15/2009
Mandatory Reliability Standards Regulation (32/2009) NEW
Feb. 23/09
see Reg 32/2009
Municipal Finance Authority Act Feb. 6/09 by 2008 Bill 43 ss. 88-90 only (Reg 14/2009) Miscellaneous Statutes Amendment Act (No. 2), 2008
Municipalities Enabling and Validating Act (No. 3) Feb. 6/09 by 2008 Bill 43 ss. 91-92(a),(c) only (Reg 14/2009) Miscellaneous Statutes Amendment Act (No. 2), 2008
Northern Rockies Regional Municipality Interim Regulation (14/2009) NEW
Feb. 6/09
see Reg 14/2009
Resort Area Tax Regulation (89/2007) Feb. 1/09 by Reg 2/2009
Social Service Tax Act Regulations (84/58) Feb. 18/09 by Reg 30/2009
Mar. 1/09 by Reg 422/2008
MISCELLANEOUS
Act or Regulation Affected Effective Date Amendment Information
Advertising Sponsor Disclosure Report Regulation 431/99 Feb. 16/09 by Reg 25/2009
Crime Victim Assistance (General) Regulation (161/2002) Mar. 1/09 by Regs 420/2008 and 422/2008
Criminal Injury Compensation Act Mar. 1/09 by 2003 Bill 62 s. 42 only (Reg 420/2008Health Professions Amendment Act, 2003
Criminal Records Review Act Mar. 1/09 by Regs 420/2008 and 422/2008
Evidence Act Mar. 1/09 by 2006 Bill 29 s. 1(b) only (Reg 420/2008Health Statutes Amendment Act, 2006
Exemption Regulation (27/2002) Feb. 17/09 by Reg 29/2009
Government Reporting Entity Regulation (134/2001) Feb. 17/09 by Reg 28/2009
Jury Act Mar. 1/09 by 2003 Bill 62 s. 51 only (Reg 420/2008Health Professions Amendment Act, 2003
Ministers of State Expected Results for the 2009/2010 Fiscal Year Regulation (26/2009) NEW
Feb. 17/09
see Reg 26/2009
MOTOR VEHICLE RELATED

Motor Vehicle News:

Hearings begin on tougher drunk-driving law
The House of Commons justice committee began hearings recently on whether the federal government should lower the legal limit for impaired driving so drinkers would be criminally charged when they have a blood-alcohol level of .05 rather than the current .08. The question facing the all-party committee is whether it should recommend that the federal justice minister introduce Criminal Code sanctions to eliminate a patchwork of punishment across the country. Or should the provinces deal with drinking drivers who fall below the the current legal limit, thereby allowing them to avoid a criminal record? See the Vancouver Sun article.

Act or Regulation Affected Effective Date Amendment Information
Commercial Transport Fees Regulation (328/91) Feb. 1/09
by Reg 351/2008
Insurance (Vehicle) Act Mar. 1/09 by 2003 Bill 62 s. 49(a) only (Reg 420/2008Health Professions Amendment Act, 2003
Insurance (Vehicle) Regulation (447/83) Mar. 1/09 by Reg 420/2008
Motor Vehicle Act Regulations (26/58) Feb. 1/09 by Reg 351/2008
Motor Vehicle Fees Regulation (334/91) Feb. 1/09 by Reg 351/2008
REAL ESTATE & BUILDERS LIEN RELATED

Real Estate and Builders Lien News:

B.C. home inspectors to be licensed
B.C. will become the first province in Canada to license home inspectors to protect buyers, it was recently announced. To date, home inspector training has been voluntary which leaves the home buyer in a situation where they do not know if their home inspector is qualified to do the job they were hired to do. Effective March 31, the Business Practices and Consumer Protection Authority will help protect the buyer's interests by requiring mandatory licences for home inspectors, among other regulations. See the News Release.

Vancouver condo sold to developer against owner's will
A long and expensive court fight over condominium repairs has ended with a Vancouver man being forced out of his paid-off home. A B.C. Supreme Court justice ruled Craig Fraser's condo could be liquidated – along with the rest of the three-unit building – after the two other owner-investors couldn't or wouldn't pay the repair bills for a leaky roof. See CBC News story.

Act or Regulation Affected Effective Date Amendment Information
Property Transfer Tax Exemption Regulation No. 11 (20/2009)
NEW
Dec. 1/04 (RETRO)
see Reg 20/2009 (Regulation is retroactive to December 1, 2004, with effect on and after that date.)
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