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Vol: VIII  –   Issue: VII  –   July 2009


Legislature to be recalled
The Legislature is expected to be recalled for August 25, 2009. It is expected the session will deal extensively with the government's initiatives on the economy.

Quickscribe Launches New Alert Service
Quickscribe is pleased to announce the launch of a new client alert service — Bill Tracker beta. Bill Tracker will keep you informed about new legislation and proposed amendments before they become law.

Bill Tracker uses RSS feeds to keep you posted on the status of bills as they make their way into law and highlights consequential amendments to legislation that is relevant to you. Bill Tracker will even highlight sections of bills that have undergone changes from first to third reading. See an example of the document comparison tool.

With the new legislative session just around the corner, we encourage you to sign up now via the main page once you login. Let us know what you think!

Interface Changes:
Changes have been made to the main page of the client site to accommodate the new Bill Tracker tool. As part of this initiative, we have designated the right side of the screen to the Quickscribe Alert services and made a distinction between the Bill Tracker and the Law Tracker — a previously launched service that serves to alert you when new legislation/amendments come into force.

Tip: Log in to Quickscribe Online prior to clicking Reporter links.

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

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Click for:  ENERGY & MINES
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Energy and Mines News:

Agreement Promotes GHG Reduction in Oil and Gas Industry
The Province and the Canadian Association of Petroleum Producers (CAPP) have signed a Memorandum of Understanding (MOU) on energy efficiency that will help to encourage energy conservation and greenhouse gas (GHG) emission reductions in the oil and gas industry, it was recently announced. See the News Release.

Geoscientists to Stimulate Exploration Activity in the Nechako basin
In support of their mandate to attract oil and gas investment to the Nechako basin area of BC, Geoscience BC issued a request for proposals for applied geoscience projects that will further the understanding of the evolution and hydrocarbon potential of the Nechako basin. See the News Release as reported by AME BC.

Act or Regulation Affected Effective Date Amendment Information
Oil and Gas Commission and Orphan Site Reclamation Fund Tax Levy Regulation (363/98) July 1/09 by Reg 114/2009

Family, Wills and Estates News:

Adoption process can't be undone, B.C. court rules in case of Victoria couple
The adoption process that resulted in a child being adopted by a Victoria common-law couple will not be undone to allow the female partner to abandon her parental responsibility for the child, the B.C. Supreme Court has ruled. The ruling was made in a complex case involving a 10-year-old child born in the Yukon who was adopted by her grandfather and his common-law spouse in March, 2005. See the Vancouver Sun News story.

Act or Regulation Affected Effective Date Amendment Information
Supreme Court Rules (221/90) July 1/09 by Reg 165/2009

Forest and Environment News:

Pacific Carbon Trust Delivers First Carbon Offsets
The Pacific Carbon Trust delivered its first 34,370 tonnes of emission offsets to government through its investments in new energy technologies, it was recently announced. See the News Release.

Water Supply And Streamflow Conditions
A combination of below-normal snowpack accumulations this winter, and a dry, hot spring and summer have resulted in low streamflow conditions for rivers in the southern interior and south coast of British Columbia. See the News Release.

Forest fires hurt B.C. industry … though they may push up lumber prices
British Columbia is on high fire alert and that's tough on the province's forest industry. But at the same time, the threat of a further drop in supply has had some positive effect on lumber prices. When the fire hazard is extreme, high-risk activities — like falling trees with chainsaws — aren't allowed, said Archie MacDonald, general manager of forestry with the Council of Forest Industries. See the Vancouver Sun News story.

Biosolids As Fuel Source
Vancouver-based Nexterra has announced the successful completion of testing of biosolids as a potential new fuel source for its proprietary gasification technology. The first phase of testing took place last month at Nexterra's product development centre in Kamloops B.C., using biosolids from Metro Vancouver. See the News Release as reported by Globe-Net.

Act or Regulation Affected Effective Date Amendment Information
Closed Areas Regulation (76/84) July 1/09 by Reg 143/2009
Forest Act July 1/09 by s. 47.2(4) of itself
Hunting Regulation (190/84) July 1/09 by Regs 138/2009 and 143/2009
Limited Entry Hunting Regulation (134/93) July 1/09 by Reg 143/2009
Motor Vehicle Prohibition Regulation (196/99) July 1/09 by Reg 143/2009
Wildlife Act Commercial Activities Regulation (338/82) July 1/09 by Reg 143/2009

Health News:

Proposed Changes Allow Pharmacists To Give Injections
British Columbians may soon have even more health professionals to choose from when they need to have certain types of injections, including vaccinations, it was recently announced. The Ministry of Health Services is proposing changes to regulations governing the scope of practice for pharmacists to include giving certain injections to patients, including vaccinations. See the News Release.

B.C. Health Authorities Face Some Tough Decisions
When the B.C. government introduced the Medicare Protection Amendment Act last year, it enshrined in legislation the goal of fiscal sustainability of the health-care system. Nobody said it would be easy. Health authorities, which filed their budgets and quarterly financial results recently, are warning that they’ll have to cut services, raise fees and even lay off staff in response to Health Minister Kevin Falcon’s directive to live within their means. See the News story as reported in the Vancouver Sun.

Act or Regulation Affected Effective Date Amendment Information
Disclosure Directive Regulation (172/2009) NEW
July 17/09
see Reg 172/2009
Health Act Communicable Disease Regulation (4/83) July 17/09 by Reg 176/2009

Labour and Company News:

Consumer Taxation Branch
The Carbon Tax webpage has been updated with new forms and information that reflect the rate increase effective July 1, 2009. See Webpage. For the latest Bulletins from the Consumer Taxation Branch, see What's New.

Act or Regulation Affected Effective Date Amendment Information
BC Instrument 13-502 Electronic Filing of Reports of Exempt Distribution (Reg 183/2009) NEW
July 30/09
see Reg 183/2009
College Pension Plan Regulation (95/2000) July 1/09 by Reg 166/2009
Health Care Employers Regulation (427/94) July 17/09 by Reg 178/2009
Income Tax (BC Family Bonus) Regulation (231/98) July 1/09 by Reg 76/2009
Independent School Regulation (262/89) July 1/09 by Reg 3/2009
Social Services Employers Regulation (84/2003) July 17/09 by Regs 178/2009 and 179/2009
Specialty Academy Criteria Regulation (219/2008)
July 1/09
see Reg 219/2008
Taxable Insurer Regulation (77/94) July 17/09 by Reg 173/2009
Workers Compensation  Act July 17/09 see Reg 180/2009
Act or Regulation Affected Effective Date Amendment Information
Bylaw Notice Enforcement Regulation (175/2004) Aug. 1/09 by Reg 174/2009
Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.

Motor Vehicle News:

B.C. truckers complain they're pushed beyond safe limits
Three B.C. truck drivers have come forward to warn that public safety is at risk on North American highways as drivers are pushed to stay behind the wheel longer than the law allows. In written complaints to federal and provincial authorities, the drivers claim the company they worked for compelled them to drive beyond legal time limits. See the CBC News Article.

CVSE and ICBC Appointed Agents to discontinue issuing Special Case Motive Fuel User Permits
Due to a regulatory change made by the Consumer Taxes Branch, Commercial Vehicle Safety & Enforcement (CVSE) and ICBC Appointed Agents no longer have the authority to issue Motive Fuel User Permits based on the volume of fuel carried in the supply tank of an IFTA commercial vehicle entering BC. See the official Commercial Transport Dep’t Notice.

CVSE – New Permit – T20
CVSE issued a permit to be used to permit operation of long wheelbase truck tractors in combination with semi-trailers. See the details of the permit.

CVSE - Issuance Of Permits For Truck Tractors With A Wheelbase Greater Than 6.2 Metres
This new policy addresses long wheelbase tractors, and is consistent with the growing practice in other Canadian jurisdictions. See the details of this permit.

Act or Regulation Affected Effective Date Amendment Information
Motor Vehicle Act July 31/09
by 2009 Bill 10 s. 2(b) only (Reg 177/2009) Public Safety and Solicitor General Statutes Amendment Act, 2009
Motor Vehicle Act Regulations (26/58) July 31/09 by Reg 177/2009
Violation Ticket Administration and Fines Regulation (89/97) July 17/09 by Reg 175/2009
Voluntary Identification Card Regulation (465/88) July 17/09 by Reg 175/2009

Real Estate and Builders Lien News:

Privacy Commissioner's Office Releases Strata Corporation Guidelines
B.C.'s Privacy Commissioner's office has released 'Privacy Guidelines for Strata Corporations and Strata Agents'. These new guidelines support B.C.'s strata corporations in meeting their privacy obligations under the Personal Information Protection Act and the Strata Property Act. The Privacy Guidelines cover such topics as these:

  • Guidelines for handling requests for complaint records
  • Privacy issues relating to audio or video surveillance and entry control systems
  • Responses to individuals’ requests for correction of their own personal information
  • Rules that apply to the personal information of employees or independent contractors of strata corporations
  • Creating a privacy policy for the strata corporation
See the News Release.

Leaky-condo repair loans halted
The provincial government is scrapping a program that for the past decade has provided leaky-condo owners with interest-free loans to pay for repairs. Housing and Development Minister Rich Coleman said the loan program has more than run its course and is no longer sustainable. The program was established as condo-owner advocates called on the government — whose building codes and regulatory programs were blamed by some for the problem — to foot the entire bill for the repairs, which is estimated at several billion dollars or more. See the News Story as reported in the Vancouver Sun.

Case Comment: The Owners, Strata Plan NW 499 v. Louis
Enforcing Age Restriction Bylaws - What does "reside" mean?
The Importance of Reflecting the Vote Results in Meeting Minute Taking

Many strata corporations have an age restriction bylaw that provides that "persons under the age 55 are not permitted to reside in a strata lot". The intended effect of this bylaw is to ensure that no one living in a strata lot is under the age of 55 years. Where a strata corporation adopts an age restriction bylaw, section 123(2) of the Strata Property Act, provides that:

A bylaw that restricts the age of person who may reside in a strata lot does not apply to a person who resides in the strata lot at the time the bylaw is passed and who continues to reside there after the bylaw is passed.
Accordingly, when a strata corporation is trying to enforce an age restriction bylaw, it is important to know who resided in the strata lots at the time the bylaw is passed. See the Full Article by Veronica Franco, published by CW Strategies — A publication of Clark Wilson's Property Group.

Act or Regulation Affected Effective Date Amendment Information
Geographic Data BC Product and Price List Regulation (372/2005) Repealed
July 31/09
by Reg 184/2009
Interest Rate Regulation (181/2009)
July 21/09
see Reg 181/2009
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