Energy and Mines News:

Mining Industry Sees Gold with Clark's Plan to Speed Up Approvals
There's gold in them thar hills – and copper and coal – and Premier Christy Clark wants to help industry dig in.
But environmentalists are already voicing concerns about the pitfalls of her government moving towards open-door mining policies.

Clark's $300-million jobs plan, which she introduced last week after a province-wide tour, includes promises of eight new B.C. mines by 2015 and nine upgrades to existing mining operations.

She didn't name any of the new mines, but spoke glowingly of the economic rewards and family-supporting jobs mines bring to B.C. communities, citing the recently reopened Copper Mountain copper mine at Princeton in the B.C. Interior.

"We need more Princetons," said Clark about the mine that now employs 10 per cent of the community's workers. Click here to view the full article on CTV.

BC Hydro Won't be Dissuaded on Smart Meters: Rich Coleman
BC Hydro will proceed with its smart meter program regardless of growing municipal government opposition, Energy Minister Rich Coleman said Tuesday.

As local government officials at the Union of B.C. Municipalities Convention grilled BC Hydro officials over why the utility is proceeding with the controversial $930-million infrastructure upgrade program despite concerns from residents, Coleman said the program is here to stay.

"We continue what we are supposed to do, and that is to install smart meters in British Columbia," he said. "We have already made the investment, we've already passed the legislation in the Clean Energy Act. We have invested [as much as] $400 million so far and a resolution [by the UBCM] is not going to stop us."

The province has insisted BC Hydro convert and upgrade its meter system to devices that can be read remotely. It estimates the program will result in a net savings of $520 million over 20 years and lead to improved conservation of electricity. It will also put a significant damper on electricity theft from marijuana-growing operations. Read the full article in the Vancouver Sun.

Family, Wills and Estates News:

Family Relations Act – B.C. Mom Suing Kids for Financial Support
A lawsuit in B.C. involving a mother who wants her adult children to support her financially is raising questions about whether Canada still needs laws that obligate children to support their parents.

Shirley Anderson, 73, is suing four of her children, asking that they each provide her with $750 a month.

The children, who are now all grown, claim they don't owe their mother anything because she abandoned them when they were teens.

Anderson sued her five children almost 12 years ago under the Family Relations Act, arguing they had a duty to provide parental support. One of the children has since died. Click here to view the full article on CTV.

Forest and Environment News:

Case Involving Riparian Areas Regulation Attracts Interest
In July, the court ruled in a case involving the City of Salmon Arm that has attracted provincial attention. The interest is regarding the effectiveness of the provincial Riparian Areas Regulation, the regulation that is intended to protect fish habitat.

Andrew Gage, a staff lawyer with West Coast Environmental Law, wrote on his organization's website that the court decision, "has confirmed that the province's Riparian Areas Regulation (RAR) by itself provides little legal protection for fish habitat. The RAR is the province's primary legal tool to protect fish habitat from development located immediately next to streams and lakes, and this decision should be very troubling to anyone concerned about the environment and the protection of fish." View the entire article posted by BC Local News.

Forestry Workers Protest Against Continued Exporting of B.C. Raw Logs
Robert Barron, Daily News
Published: Thursday, September 29, 2011
Ladysmith's Don Robertson fears for the future of the province's forest industry if the export of raw logs is allowed to continue.

The retired sawmill worker, who spent much of his career at the Ladysmith mill, was one of hundreds of forestry workers and their supporters who gathered for a march and rally in downtown Nanaimo Wednesday afternoon to protest against raw log exports.

Sponsored by the Pulp, Paper and Woodworkers of Canada, participants marched from the PPWC union hall on Albert Street to the Dunsmuir Street offices of Western Forest Products, one of the B.C. forest companies that ships raw logs overseas for processing, to hear speeches from union officials and local politicians. Read the full article in the Nanaimo Daily News.

New Unplugged Program Will Recycle Your Unwanted Small Appliances
Got a microwave in your crawl space? Don't know what to do with the broken toasters and kettles clogging your cupboards? Well, worry no longer. Starting October 1, you'll be able to drop off your used or busted appliances for free at more than 100 locations across the province. It's all part of a new Unplugged program designed to protect the environment and divert as many as two million small appliances away from landfills every year.

"I'm a pack rat myself and I can't wait for October 1," joked Shafiq Jamal of the Retail Council of Canada, one of the business participants in the new program. "I've got like three microwaves, a couple of kettles." Read the full Times Colonist article.

Health News:

Group Calls for Changes to BC Laws Governing Awards in Medical Malpractice Cases
British Columbia needs to overhaul laws governing awards in medical malpractice cases, the Wrongful Death Law Reform Group urged Sunday.

At present, they say, the laws mean no damages can be awarded in wrongful death cases unless the victim was a wage earner or guardian of dependents.

The group, which includes about 50 families who have lost loved ones due to what they believe is medical malpractice, demonstrated on the steps of the Vancouver Art Gallery on Sunday afternoon.

They want the province to repeal the Family Compensation Act, and amend the Estate Administration Act, which together prevent damages from being awarded in wrongful death suits in cases where the victim was not a breadwinner. Read the full article posted in the Vancouver Sun.

Health Minister's Statement on Insite
Health Minister Michael de Jong issued the following statement in response to the Supreme Court of Canada ruling that supported the ongoing operation of Insite, North America's only supervised injection site.

"This decision by the Supreme Court of Canada represents a wise and humane ruling by a unanimous bench.

"Conclusive research studies have shown that addiction is a medical condition. Scientific evidence continually proves that Insite saves lives, is a health benefit and poses no risk to the public.

"One recent study in the peer-reviewed medical journal, The Lancet, showed that drug overdoses decreased by 35 per cent within 500 metres of Insite over several years of operation compared to only nine per cent in the rest of Vancouver." Read the official government news release.

BC Launches Quit-Smoking Program
The B.C. government's plan to help people kick the smoking habit is smoking hot.

More than 300 prescriptions were filled within a nine-hour period on Friday, the first day of the program, said B.C. Premier Christy Clark. There were reports of smokers who couldn't get through to government phone lines to register.

The province is picking up the cost of free nicotine gum or nicotine patches, while prescription smoking cessation drugs will be covered by Pharmacare. Read the full article on CBC.

Labour, Company and Finance News:

B.C. Tax Review Lauded by Small Business Owners
For most small businesses in B.C., the result of last month's HST referendum is not the victory claimed by the tax's detractors. But Premier Christy Clark's recent announcement of plans to convene a panel to review the province's tax structure is at least a step in the right direction.

"Anytime there's consultation, that's a good thing," said Shachi Kurl, director of B.C. affairs for the Canadian Federation of Independent Businesses. "With the HST, there was little to no consultation and you saw the results of that experiment."

The tax review is part of Clark's multi-faceted plan to try to boost job creation in the province. Read the full article published by the CBC.

Local Government News:

The Fall LoGo Notebook Issue Now Available
The new issue of the LoGo Notebook published by Staples McDannold Stewart is now available Included in this issue are the following topics:

• Election 2011
• The Importance of Filing Post Election Paperwork
• Summaries of 2008 Election Cases
• More on Development Permits
• Campaign Organizers and Elector Organization

Click here to view these articles.

Delegates Tell B.C. They Don't Want An Auditor
Municipal politicians voted overwhelmingly Thursday to tell the provincial government they don't want a Municipal Auditor-General's office. But they stopped short of saying they won't cooperate with Premier Christy Clark's government in drafting policies around how that oversight agency will work. With the province insisting it will introduce legislation this fall to create an MAG, municipal politicians at the Union of B.C. Municipalities convention said they felt bullied into accepting a concept they believe is unnecessary and a waste of money. But they also didn't want to find themselves on the outside of any provincial decision to set up the office. Read the full article posted in the Vancouver Sun.

B.C. Is On-board For Online Voting, But Municipal Delegates Are Dubious
The provincial government wants to bring in online voting for municipal elections as early as 2014, but has to change legislation first, Community, Sport and Cultural Development Minister Ida Chong said Wednesday.

Speaking to reporters at the Union of B.C. Municipalities Convention in Vancouver, Chong said both she and Premier Christy Clark support the concept of voting over the Internet.

"I don't believe it is impossible. We're very keen on it," she said, but cautioned, "It is still two-and-a-half, three years away in terms of changing legislation. I think it is possible."

Her comments came as UBCM delegates called on the province to enact changes that would allow them to conduct online votes, even though some delegates raised concerns about security and the potential for ballot fraud.

Governments across Canada have been increasingly exploring the idea of allowing people to vote electronically without visiting a polling station. More than 40 municipalities in Ontario and Eastern Canada already conduct a portion of their votes through the Internet. In May, Vancouver council adopted a plan to introduce Internet voting for advance polls in the November 19 civic election. But Chong killed the idea after ministry officials and B.C.'s chief information officer raised concerns about a lack of enabling legislation. Read the full article in the Vancouver Sun.

Miscellaneous News:

More Cases Tossed As B.C. Courts Struggle With Growing Delays
Four men charged with unlawfully shooting threatened Roosevelt elk on Vancouver Island have escaped prosecution because of trial delays. The case is just one of a steadily growing number of trials in B.C. that are being dismissed due to unreasonable delay. According to government figures provided to the Vancouver Province, as of September 3, there had been 73 judicial stays of proceedings for adult criminal and youth cases in B.C. provincial court so far this year. In 2010, there were 58 judicial stays for the entire year. Read the full article posted in The Province.

Motor Vehicle News:

B.C. Municipal Politicians Want Ferry Rates Cut, Services Maintained
The provincial government should reduce BC Ferry fares and maintain service levels at the current level, B.C.'s municipal politicians said Wednesday.

A day after BC Ferries President David Hahn announced he is quitting in the face of having to bring in massive cutbacks to the service, delegates at the Union of B.C. Municipalities Convention called for provincial intervention.

In a near-unanimous vote, delegates said the province should recognize coastal ferry services "as essential extensions of our public highway system". They called on the province to "ensure that the BC Ferry fares are reduced and core service levels are maintained at current levels" until the province brings in legislation recognizing the service as part of the provincial highway system. Read the full article in the Vancouver Sun.

Real Estate & Builders Lien News:

Province Proposes a Tribunal as a Conflict-Solving Option – (less costly than going through courts)
As many as one million people in B.C. live in strata units. If you're one of them, you know that means having neighbours above, below and/or beside you. You're also "working" with them, running the business that is your strata corporation. So it's no wonder conflicts arise from time to time. Resolving those conflicts can be costly, emotionally draining and time-consuming. The current options – mediation, arbitration, or going to court – don't hold much appeal.

So a new proposal by the B.C. government is welcome – and overdue. It's been a couple of years since the government promised to find a better way. What it's come up with is a tribunal – something along the lines of the B.C. Human Rights Tribunal and the Property Assessment Appeal Board of B.C. View the full article published by Suzanne Morphet in the Vancouver Sun.

Condo Smarts: Collect Insurance Deductible Before Time Runs Out
The following letter was submitted to Condo Smarts, a column run by Tony Gioventu and published by the Times Colonist. Tony Gioventu is executive director of the Condominium Home Owners' Association .

Dear Condo Smarts: What happens to a strata corporation when it cannot collect a significant insurance deductible from an owner? In 2007, an owner caused a flood in our building that resulted in a $47,000 claim, and an insurance deductible of $25,000. At the time, we were in the process of repiping the building and as a result of a number of leaks our deductible was very high. The property manager advised that rather than waste the funds to go to court, we could simply wait until this person sold the unit and collect the funds at that time. It is also important to note that we do not have any bylaws around insurance deductibles and who pays those amounts. Surely we don't just end up writing this amount off if they never pay? To read the response by Tony, click here.

Minimizing Property Taxes on Development Sites: Act Before October 31^st
Many developers are aware that the value and classification of their property hinges on this statutory date. There are numerous strategies which ought to be considered in advance of this date. Both upon initial classifications and valuations by the applicable authorities and during assessment appeals, certain factors and criteria commonly arise. These are considered below. Click here to read the entire article by Paul J. Sullivan, BCS Property TaxCo Ltd., published by Clark Wilson.