Energy and Mines News:

Rules support responsible natural gas, petroleum growth
New regulatory changes move B.C. to the forefront of the petroleum and natural gas sector in North America, supporting growth and jobs in a vibrant industry, while protecting the province's natural beauty, announced Energy, Mines and Petroleum Resources Minister Bill Bennett.

These changes came into effect on Oct. 4 with the formal implementation of the Oil and Gas Activities Act (OGAA) and its regulations.

Following extensive consultations with stakeholders, OGAA and its regulations will modernize a regulatory framework that is almost 50 years old. The Pipeline Act, the Oil and Gas Commission Act and the regulatory provisions currently found in the Petroleum and Natural Gas Act will be repealed and will now be governed under the Oil and Gas Activities Act. See the news release.

MABC Deeply Disappointed by Federal Decision
on the Prosperity Mine
The Mining Association of British Columbia (MABC) is very disappointed in the recent decision by the federal government to reject the Prosperity gold-copper mine located near Williams Lake, owned by Vancouver-based Taseko Mines Limited.

Major mines are rare but very valuable to the economy, and Prosperity offered much in terms of job creation, royalties and tax revenues and new opportunities for First Nations and the Williams Lake region. The balance between economic, social and environmental values led the province to approve the proposal for Prosperity. See the full article as posted by MABC.

BC Cabinet Shuffle Creates a New Ministry of Natural Resource
Operations Separate from Forests, Mines and Lands
The recent cabinet changes separated the policy and administration, research and revenue portfolio of three former ministries (responsible for forests and range; energy, mines and petroleum resources; and agriculture and lands) from their licensing, permitting and operations responsibilities. The newly created Ministry of Forests, Mines and Lands, under Hon. Pat Bell, will be responsible for a broad range of public policy, tenure administration, revenue, market pricing and investment administration and land management initiatives. See the full article as posted by Davis LLP.

Association for Mineral Exploration British Columbia comments
on the recent BC Cabinet and Ministry Shuffle
Recently, cabinet changes were announced that realigned the provincial government organizational structure, particularly in regard to natural resources management. AME BC staff have discussed the changes with several ministers and will monitor how changes affect members; here are immediate effects on key operational areas of government.

1. All mineral exploration, mine permitting and regulation will be under the new Ministry of Natural Resource Operations, headed by Minister Steve Thomson.
2. The Mines Inspectorate has been relocated into the new Ministry of Natural Resource Operations as well. The Chief Mines Inspector, Al Hoffman, remains the statutory authority for mining and mine review committees continue to be the vehicle for dealing with mine permitting and amendments. At this time, AME BC understands that the role and authority of the Chief Gold Commissioner will also be part of the new Ministry of Natural Resource Operations under Minister Steve Thomson.
3. A new Ministry of Forests, Mines and Lands has been established, headed by Hon. Pat Bell (formerly Minister of Forests and Lands and a former Minister of State for Mining). Hon. Randy Hawes remains Minister of State for Mining and is also part of this ministry. This new ministry is responsible for forestry, mines and lands policy (the new Ministry of Energy, headed by Hon. Bill Bennett, is similarly structured), so all legislative or policy developments will flow from this ministry. However, only the BC Geological Survey, which includes the Mineral Development Office, has been moved into this ministry from the former Ministry of Energy, Mines and Petroleum Resources.

See the full article as posted by AME BC.

Family, Wills and Estates News:

Changes expected to the BC Family Relations Act
Married and common law persons in strained BC family law relationships should be aware that big family property division changes are coming to British Columbia's Family Relations Act. This law governs property division for married couples and will likely soon do the same for many unmarried couples living in marriage-like relationships.

Property division laws in BC are the subject of a broad ranging proposal for change as part of the new Family Relations Act Reform White Paper that is expected to form legislation in 2011. The changes are dramatic and parties need to review their positions now to see whether the old or new regime better meets their goals should their relationship be on shaky ground. See full article as posted by the McLean Family Law Group.

Forest and Environment News:

BC Cabinet Shuffle Creates a New Ministry of Natural Resource
Operations Separate from Forests, Mines and Lands
The recent cabinet changes separated the policy and administration, research and revenue portfolio of three former ministries (responsible for forests and range; energy, mines and petroleum resources; and agriculture and lands) from their licensing, permitting and operations responsibilities. The newly created Ministry of Forests, Mines and Lands, under Hon. Pat Bell, will be responsible for a broad range of public policy, tenure administration, revenue, market pricing and investment administration and land management initiatives. See the full article as posted by Davis LLP.

Reaction to BC Cabinet Shuffle
After almost 100 years, the B.C. Forest Service has reached a parting of the ways. Key operations, including approval of cutting permits, compliance, investment, and wildfire management are being separated from the policy-making side and dispersed to a new ministry of natural resource operations.

Other ministries with responsibility for provincial lands, resources and the environment are being subjected to top-to-bottom reorganization as well.

Mines, long yoked with energy, has been dispersed in two directions, the policy side paired with what's left of forestry, while operations went to the ministry of natural resource operations (MNRO) as well.

The environment ministry "has been reduced in size and function," as the government itself put it this week. Policy remains in house. The rest is MNRO-bound. See the news story as posted by the Vancouver Sun.

United States requests consultations with Canada
under Softwood Lumber Agreement
United States Trade Representative Ron Kirk announced recently that the United States has requested consultations with Canada under the 2006 Softwood Lumber Agreement (SLA) regarding the apparent unfair under-pricing of timber harvested from public lands in the Interior region of British Columbia. Requesting consultations under the SLA initiates the dispute settlement process and provides an opportunity for the United States and Canada to exchange views and attempt to resolve their differences. If the matter is not resolved during consultations, either the United States or Canada may request arbitration. See the press release.

Some deals stink: Land transactions involving
environmental contamination
Re: Environmental Management Act
Lawyers like chasing down "environmental angles" on their files just about as much as they like chasing down tax angles. Whether it's a corporate or commercial transaction, or dealing directly with real property, clients need both legal and technical guidance on lurking environmental issues.

Here is an example of a situation encountered every day by commercial solicitors: the purchase and sale of land. If there is one thing unwitting purchasers of contaminated land have in common, it is that each wishes they would have simply found out the site was contaminated so that the contamination could have been considered along with all other important factors in the deal. Some insight into this area of law can help to avoid certain pitfalls. See the full article as posted by Harper Grey's Environmental Practice Group.

Health News:

New law in San Francisco targets McDonald's Happy Meals
Fast food giant McDonald's recently said it was "extremely disappointed" at a ruling by San Francisco authorities banning high-calorie Happy Meals, which entice children to eat with free toys. The response came after the California city's board of supervisors voted to forbid restaurants from giving gifts with meals that contain too much fat and sugar.

Under the ban agreed in a preliminary vote, restaurants in San Francisco would have to provide fruit and vegetables with meals accompanied by free toys, according to the San Francisco Chronicle. The measure will soon go to a full vote and if approved would not come into force before December 2011. See the news story as posted by the Vancouver Sun.

Labour, Company and Finance News:

Government threatens legal action over Sears HST rebate
B.C.'s Finance minister is threatening legal action over a harmonized sales tax rebate offer from Sears Canada. But one marketing expert says the company's initiative makes good business sense.

Sears has announced that if B.C.'s HST is repealed by Sept. 30, 2011, the company will refund the tax on home heating systems, roofing or replacement windows and doors. See the news story as posted by CBC News.

Disability and Dismissal: Issues for Employers
The number of employees claiming long-term disability or illness has increased significantly. While most of these claims result from off-the-job causes such as accidents, disease or chronic illness, employers face serious challenges in accommodating employees who may or may not return to work. The primary issues for employers are: a) what constitutes a disability; b) legal obligations to disabled employees; and c) how courts and human rights tribunals view claims by disabled employees who have been terminated. See the full story as posted by Harper Grey LLP.

Consumer Taxation Branch
For the latest Bulletins from the Consumer Taxation Branch, see What's New.

Local Government News:

Towns for tomorrow funding now available
The Province is now accepting applications from small communities across B.C. to access Towns for Tomorrow funding to help advance local infrastructure priorities, Community and Rural Development Minister Ben Stewart recently announced.

The Towns for Tomorrow application window is open until Jan. 14, 2011. The Province is continuing its commitment to provide communities with a quick, 60-day turnaround on application decisions following the application deadline, fast-tracking approvals to ensure projects can get underway sooner.

Towns for Tomorrow recognizes the unique challenges faced by smaller communities, offering those with populations under 5,000 up to 80 per cent provincial funding, to a maximum contribution of $400,000 for approved projects. Communities with populations from 5,000 to 15,000 will get up to 75 per cent, to a maximum provincial contribution of $375,000. See the news release.

Motor Vehicle and Traffic News:

Thousands nabbed by new B.C. drunk-driving,
speeding and cellphone-use rules
More than 1,400 B.C. drivers have been busted under stiffer drunk-driving rules since Sept. 20, Solicitor General Mike de Jong said recently.

As well, 435 people have been ticketed for driving more than 40 km/h over the posted rate since laws changed Sept. 20 and had their cars impounded for seven days.

De Jong said almost 20,000 tickets have been issued for driving while using cellphones since laws changed in February. See the news story as posted by The Province.

Commercial Vehicle Safety and Enforcement news
For the latest information from the CVSE, see What's New. The following forms have been revised:

• Form T-59E – Conditions governing the operation of energy efficient motor vehicle combinations in British Columbia, and
• Form T-53A – To be used for daylight and darkness movement of loads in excess of 3.2 metres in width up to and including 3.8 metres (12'6") and/or for loads exceeding 25 metres up to 31 metres in overall length and/or for vehicles/loads with front/rear projections requiring a pilot car

Real Estate and Builders Lien News:

Improving the Strata Property Act
Since the Strata Property Act took effect on July 1, 2000, BC REALTORS have developed a unique understanding of this legislation by helping tens of thousands of British Columbians buy and sell strata properties. To help ensure the Act serves the public well, BCREA submitted a brief to the provincial government on October 13, which included several recommended improvements. Through an extensive consultation process that spanned three years and involved stakeholders, real estate practitioners and BC's 12 real estate boards, several themes and solutions emerged. See the full article as posted by the British Columbia Real Estate Association.

Risk Minimization Strategies for Lessors
Harper Grey LLP associate Wesley McMillan has compiled risk minimization strategies for lessors, including picking your tenant, drafting the lease and options to keep in mind during the lease. View and download the PDF.