Energy and Mines News:

Amendments to Clean Energy Act
Bill 13, the Miscellaneous Statutes Amendment Act (No. 2), 2011, achieved Royal Assent June 2nd and amends the Clean Energy Act. The amendment extends the legislated deadline for the submission of BC Hydro's first Integrated Resource Plan (IRP) by one year to 30 months. The panel reviewing BC Hydro and the impact of hydro rate increases on B.C. families will present its recommendations by June 30. The amendment ensures that BC Hydro has the time and flexibility to include any new direction from this review in their IRP. It will also give BC Hydro adequate time to consult with industry stakeholders, communities, First Nations and families across the province. Source: Ministry of Attorney General.

Note that many of these changes have not yet come into law, but are expected to come into force by regulation in the near future. Expect to see the details/amendments noted in the next Reporter.

Family, Wills and Estates News:

New Changes to Child, Family and Community Service Act
Bill 13, the Miscellaneous Statutes Amendment Act (No. 2), 2011, achieved Royal Assent June 2nd and amends the Child, Family and Community Services Act. The amendment, which allows the court to permanently transfer custody of children who are living with relatives in temporary out-of-care agreements, creates an alternative to bringing children into foster care and will provide continuity and permanency for both children and their caregivers. The amendment also includes safeguards to ensure permanent transfers only occur when they are in the child's best interests, while ensuring that due process is in place before parental rights are severed. This amendment comes into force by regulation at a later date. Source: Ministry of Attorney General.

Introduction of Family Law Reform Bill to be Delayed
Posted by John-Paul Boyd with the BC Family Resource Blog
Attorney General Barry Penner made a statement May 30th that a bill proposing new family law legislation will not be introduced in this legislative session. The fall legislative session, the next opportunity to introduce the bill, will commence sometime in September or October.

The bill, if and when it is tabled in the provincial legislature, will be based on the white paper (PDF) released last summer, although the government has not indicated the extent to which the draft legislation will resemble the Family Law Act described in its discussion paper.

Forest and Environment News:

Amendments To Forest Act
Bill 13, the Miscellaneous Statutes Amendment Act (No. 2), 2011, achieved Royal Assent June 2nd and amends the Forest Act. The intent of the amendment is to limit transfers of receiving licences, strengthen eligibility criteria for new woodlots and change named decision-maker references.

• The Forest Act will be amended so that a non-lumber producer can only transfer a "receiving licence" to another non-lumber producer. This will help support the bioenergy, pulp and paper and value-added industries by providing security of supply for lower quality fibre needed by the non-lumber sector.
• The Forest Act will be amended to make large tenure holders ineligible to apply for or hold a woodlot licence. Woodlot licence opportunities are intended for individuals, First Nations and small companies that want to participate in small-scale forestry. The amendment will help maintain the intent of the woodlot licence program as it is expanded.
• The Forest Act, Forest and Range Practices Act and the Ministry of Forests and Range Act will be amended so that minister replaces decision-maker references, such as regional manager or district manager. This will enable the minister to delegate powers and duties to officials in the Ministry of Forests, Lands and Natural Resource Operations as needed to optimize decision making and improve efficiency.

Note that many of these changes have not yet come into law, but are expected to come into force by regulation in the near future. Expect to see the details/amendments noted in the next Reporter. Source: Ministry of Attorney General.

Health News:

B.C. launches lawsuits to recover health costs
It started with an innocent walk across the street – George Kripner was hit by a vehicle driven by an alleged drunk driver, setting off a lawsuit that involves neither Kripner nor the man behind the wheel.

A B.C. Supreme Court lawsuit filed this week is one of almost 300 cases launched every month by the provincial government in order to recover health-care costs of the person injured.

The suits are similar to those filed by provinces against tobacco companies to recover the costs associated with providing health care to smokers. But instead of a massive suit against one company, these suits involve thousands of smaller claims against municipalities, restaurants and bars, insurance firms and individuals.

Since the Health Care Cost Recovery Act took effect April 1, 2009, almost 3,000 cases have been closed, with a cost recovery of $6.2 million for the province. Another 5,300 cases remain open. View the full story by CBC.

Changes to Medicare Protection Act
Bill 13, the Miscellaneous Statutes Amendment Act (No. 2), 2011, achieved Royal Assent June 2nd and amends the Medicare Protection Act. Changes to the Act will create authority to require adult British Columbians to re-enrol in the Province's Medical Services Plan by updating proof of their identity to a higher assurance level. The amendments to the Medicare Protection Act will support the introduction of a more secure photo card, which would replace the current CareCard. Note that this amendment has not yet come into law but is expected to come into force by regulation in the near future. Expect to see the details/amendments noted in the next Reporter. Source: Ministry of Attorney General.

Labour, Company and Finance News:

Motion to reduce HST to 10 per cent passes
A binding motion passed in the B.C. legislature May 31st to reduce the HST to 10 per cent, Minister of Finance Kevin Falcon announced.

As a result of the motion being passed, British Columbia's minister of finance must immediately advise the Minister of Finance for the Government of Canada to reduce B.C.'s portion of the HST to six per cent on July 1, 2012 and a further reduction to five per cent on July 1, 2014, subject to a "no" vote in the HST referendum.

Under the terms of the binding motion, the Province will also provide one-time transition cheques of $175 per child that will be issued to families with children under 18 years old. In addition, low- and modest-income seniors will receive a one-time transition cheque of $175.

These proposed changes to the HST, including transition cheques, will take effect only if British Columbians vote to keep the HST. Click here to view the official government news release.

Local Government News:

Bylaw Ban on Puppy Sales Upheld
The Supreme Court of BC has upheld a City of Richmond bylaw that bans the sale of dogs and puppies from pet stores.

In International Bio Research v. Richmond (City), 2011 BCSC 471, three pet stores challenged the validity of the bylaw on various grounds including that it was ultra vires, that it was unreasonable and discriminatory, and that it was passed in bad faith. The bylaw added "puppies and dogs" to a list of canidae that pet stores were prohibited from selling. The sale of dogs by dog breeders and commercial kennels was not affected by the bylaw.

The court noted that the proposed ban had been discussed extensively at several Committee of the Whole and Council meetings. The City had received a substantial number of delegations and written and oral submissions, both in support of and opposed to the ban. Based on the material before Council and the record of its meetings, the court accepted that Council had concluded the ban would reduce the number of unwanted and abandoned dogs in the City, and would improve the conditions of dogs sold as pets.

The court noted that the Community Charter was to be interpreted broadly in accordance with its purposes. The court concluded that the bylaw was authorized by section 8(3)(k) of the Community Charter (under which a council may by bylaw regulate, prohibit and impose requirements in relation to animals). The history of municipal control over animals in the province supported the conclusion that this was the intent of the Legislature (in particular, the former legislation specifically authorized a municipality to regulate the sale of animals). View the full article published by Staples McDannold Stewart.

Motor Vehicle and Traffic News:

Changes to the Motor Vehicle Act
Bill 13, the Miscellaneous Statutes Amendment Act (No. 2), 2011, achieved Royal Assent June 2nd and amends the Motor Vehicle Act. The amendments deal with two items:

Golf Carts:
Golf carts and certain industrial utility vehicles will no longer require registration, licensing or insurance through ICBC to operate in parking lots or for incidental highway use in specific situations, such as crossing a public roadway between two areas of a golf course.

Driving Licensing:
To comply with the North American Free Trade Agreement, the Motor Vehicle Act will be amended to establish a designation code for use on the drivers' licences of commercial drivers who are ineligible to drive in the U.S. owing to specific medical conditions, such as epilepsy, insulin-dependent diabetes or certain hearing deficiencies. Other changes will allow holders of foreign drivers' licences to keep their existing licence so they can practise before taking a B.C. road test. Previously, foreign licence-holders had to surrender their driver's licence when applying for a B.C. driver's licence. Note that this amendment has not yet come into law but is expected to come into force by regulation in the near future. Expect to see the details/amendments noted in the next Reporter.

Source: Ministry of Attorney General.

Real Estate and Builders Lien News:

BC's Real Estate Development Marketing Act
What's old? What's new?
The Real Estate Development Marketing Act (the "Act" or "REDMA") was passed by the BC legislature without much fanfare in 2004. It was intended to protect consumers buying pre-sale condos and provide enhanced rights to those consumers.

REDMA was rarely considered by the B.C. courts until June of 2009. This was largely because there was the real estate market was rising and purchasers were not particularly keen to know of or to protect their rights, but rather, looked forward to flipping condo properties for a profit. That changed in October of 2008 with the onset of the recession. Click here to view the full story by Christopher Johnston with Harper Grey LLP.