Energy and Mines News:

B.C. to continue 'fracking' for gas,
despite bans elsewhere
British Columbia has no worries about the controversial use of hydraulic fracturing in natural gas production, even though other governments have recently instituted moratoriums on the process, says Energy and Mines Minister Rich Coleman.

Quebec has halted the use of so-called "fracking" technology, which involves pumping large volumes of water, sand and chemicals into shale gas deposits to fracture the rock and force the gas into collection pipes.

A number of jurisdictions have worried that the method may lead to the contamination of groundwater supplies and there have been periodic complaints from neighbours, including allegations of gas seeping from domestic water taps.

But Coleman said B.C. gas extraction companies have been using fracking for many years without problems and have to meet what he termed "the world's most stringent environmental regulations." See the full story as posted by the Vancouver Sun.

Forest and Environment News:

Log Shortage Halts Work For Many
In British Columbia
Arnold Bercov, president of the Pulp, Paper and Woodworkers of Canada Local 8, is very concerned that shipping raw logs out of British Columbia is coming at a cost to many local mills.

Bercov said he was informed by Western Forest Products that their Ladysmith mill is one of several mills on Vancouver Island that will be down for at least a week due to low inventories of logs.

Meanwhile, Island Timberlands, next door to the Ladysmith mill, is busy loading raw logs onto ships. Those logs will be processed at a mill overseas, rather than at home in British Columbia. See the full story as posted by ForestTalk.com.

Implementation of Federal Environmental
Enforcement Act Begins
Implementation of the federal Environmental Enforcement Act(the "EEA"), first passed in June 2009, has recently begun. The EEA amends the enforcement and penalty regimes of nine federal environmental acts by introducing stiffer fines, new sentencing powers and considerations, and measures aimed at strengthening the government's ability to investigate and prosecute violations. The EEA is also intended, in part, to make the environmental enforcement regimes more consistent across all federal legislation, particularly on the matter of director and officer liability. Specifically, the EEA increases maximum fine amounts and establishes minimum fines for certain offences, establishes the liability of corporate directors and officers, and provides sentencing guidance for courts by establishing principles and purposes of sentencing and by identifying relevant factors, such as prior convictions, that should be taken into account when determining sentence. The EEA also directs fines to the Environmental Damages Fund which funds community organizations in environmental restoration and research projects. See the full article as posted by Davis LLP.

Health News:

B.C. Radiologists' Credentials Are Satisfactory,
Independent Review Finds
Physicians providing diagnostic imaging interpretation in B.C. are appropriately qualified and licensed, an independent review of radiologists' credentials has found. Dr. Douglas Cochrane, provincial patient safety and quality officer, was asked by Health Minister Colin Hansen to ensure that radiologists in B.C. have the appropriate credentials and experience to interpret medical images such as ultrasound, computed tomography (CT) and magnetic resonance imaging (MRI). See the full story as posted by the Times Colonist.

Sloppy Medical Scribbles May Compromise
Health, Say Experts
It's "totally unacceptable" that Canadian medical professionals' garbled scribbles on prescriptions and hospital charts continue to put patients at risk, one of the country's leading doctors said recently.

Dr. Louis Francescutti, the president of the Royal College of Physicians and Surgeons, made his comments following the case of a Nova Scotia nurse who was reprimanded for his illegible handwriting. Unreadable handwriting on patients' charts and prescriptions has been an area of concern for regulatory boards before.

"…in 2011 it's totally unacceptable that we're still handwriting – that's how the monks did it," Francescutti said. "Everything should be dictated or typed." See the full story as posted by canada.com.

Labour, Company and Finance News:

BC Minimum Wage Increase
Premier Christy Clark ended an almost decade-long freeze to B.C.'s minimum wage last month, announcing a staged increase over the next 13 months and an end to the controversial training wage.

The increase will bring B.C.'s minimum wage to $10.25 per hour from today's rate of $8 per hour by May 1, 2012. See the full story as posted by the Vancouver Sun.

Workers, Employers Still Waiting
for Reform of Pension System
Employers and working Canadians may be left scratching their heads wondering when, if at all, new savings vehicles for retirement are made possible as politicians across the country – federally and provincially – hesitate to introduce pension plan changes, including the much-touted Pooled Registered Pension Plan (PRPP). See the full story as posted by the Vancouver Sun.

Consumer Taxation Branch
Bulletin GEN 001, Refunds of Tax Paid or Remitted on Sales Written Off as Bad Debts, has been revised to provide information on how to calculate and claim refunds of tax or security paid or remitted on sales written off as bad debts under various Acts. For this and other recent Bulletins from the Consumer Taxation Branch, see What's New.

Local Government News:

Time Running out to Reform Municipal Elections
Asked when it would be too late for the provincial government to make the changes the task force recommended, the New Democratic Party's critic for community and rural development Scott Fraser said, "I think they're pushing it now."

Union of B.C. Municipalities president Barbara Steele, who sat on the task force, gives the changes a 50 per cent chance of being in place for November's municipal elections.

And a government spokesperson acknowledged the timeline "could be tight" to have the changes ready in time.

Of the 31 recommendations the Local Government Elections Task Force made, 15 require the legislature to make changes to B.C. laws, Fraser said. See the full story as posted by the Tyee.

Will Poor Infrastructure Affect Canada's Competitiveness?
Local Governments Report on the State of
Canada's Industrial Lands
Eco-Industrial Solutions has announced the release of their first annual State of Sustainability Report entitled "A Local Government Perspective on Canada's Industrial Lands". The report, which reflects input from 143 local government organizations across Canada, notes that infrastructure issues such as insufficient water and sewer are a concern for existing and future industrial lands.

The report also notes that better land use planning will be key to ensuring that Canada's industrial lands continue to be competitive as communities strive to meet a growing list of sustainability objectives. Communities are looking forward, though, with many planning to encourage green industrial buildings and attract clean technology and green businesses in the coming years. See the report.

Court of Appeal Reverses Trial Court in "Canada
Line" Damages For Nuisance Case
Staples McDannold Stewart has posted an informative client bulletin regarding a plaintiff's claim in nuisance arising out of the construction of the "Canada Line" Skytrain. See the Bulletin for more information. In addition, the Winter 2011 issue of their LoGo NoteBook has also been posted, see the LoGo Notebook.

Miscellaneous News:

New Animal Cruelty Laws Pending
B.C. will bring in tough new animal cruelty laws – including $75,000 fines and two-year jail terms – following the alleged slaughter of 100 dogs by a Whistler company last spring, it was recently announced.

Clark made the announcement based on the recommendations of a special task force set up to investigate the recreational industry after news broke that the dogs were slaughtered by an employee at a Whistler tour company after the Olympics.

B.C.'s existing laws limit fines for animal cruelty to $10,000 and six months in jail. See the full story as posted by the CBC.

Maa-nulth Agreement
The remainder of the Maa-nulth First Nations Final Agreement Act came into force April 1, 2011 with a number of resulting consequential amendments to various Acts. In turn, some of those amendments were further changed by other bills.

Motor Vehicle and Traffic News:

B.C. Ferries Fares could Jump 18 to 37 per cent
B.C. Ferries will be allowed to raise fares by 18 per cent on major routes and 37 per cent on minor routes over the next four years, according to a preliminary decision by the B.C. Ferry Commissioner.

Higher rates could affect the Island in everything from grocery and construction costs to tourism visits, say industry officials.

Commissioner Martin Crilly said in a statement that B.C. Ferries will be permitted to raise fares by up to 4.15 per cent a year on its Sunshine Coast route and its three major routes between the Lower Mainland and Vancouver Island.

The ferry corporation will be permitted to raise fares by up to 8.23 per cent a year on its 21 other routes. Combined, the increases – which would take effect between 2012 and 2016 – would drive up fares by 17.7 per cent on major routes and 37.2 per cent on minor routes. See the full story as posted by the Times Colonist.

Seasonal load restrictions in effect: Southern B.C.
Drivers of commercial vehicles are advised that load restrictions are now in place on various provincial routes in Southern British Columbia. Highways are particularly vulnerable to damage when they begin to thaw, and load restrictions are put in place to reduce that damage.

Drivers of long-haul transports, logging trucks and trucks that carry heavy equipment are required to reduce loads they would normally carry on a route. They can also choose alternate roads with no load restrictions, where available.

Drivers should look for white signs posted on the route advising of seasonal load limits for the area. Drivers who do not obey seasonal load restrictions are subject to a $365 fine. See the Information Bulletin.

Real Estate and Builders Lien News:

Putting Strata Owners First Could Help Families
When Christy Clark announced that she would be governing B.C. with a mantra of "families first," Suzanne Morphet wondered what that might look like applied to strata. After all, families live in strata too, and if the rules and regulations don't work for strata owners at large, they won't work for families either.

They say that when it comes to the strata industry in B.C., the provincial government listens first to the opinions of developers, realtors, property managers and anyone else who stands to make a buck off their homes and investments. Owners come last. See the full story as posted by the Vancouver Sun.

Real Estate Assignments: Avoiding the Legal Pitfalls
In this issue of the Harper Grey LLP Real Estate Law Update, the potential pitfalls of lease or purchase/sale assignments are discussed. Landlords, tenants and residential property owners are wise to know their legal obligations before entering into any such agreement. See the full article.