and Mines News:
BC Government Releases a BC Coal Industry
to view the report which was released by the Ministry of Energy
and Mines on March 2nd.
Canadian Electricity Association Calls for
We at the Canadian Electricity Association have publicly raised,
many times, that our electricity sector faces a complex
challenge over the next two decades.
In order to meet Canada's increasing demands for electricity, we
must invest in electricity infrastructure.
That means renewing, replacing and adding to the generating
stations and power lines that power the economy. According to
the Conference Board of Canada, we must invest almost $300
billion, or about $15 billion per year, if we are to maintain
reliability, make our power supply even cleaner, and adopt
It's also essential that electricity remain not only affordable
for consumers, but a competitive advantage for Canada. Right
now, Canada is in the enviable position of having average power
rates that are below those of most countries. This helps drive
our economic development, and allows our communities to prosper.
If we are to successfully renew our electricity system, however,
we must improve our ability to make timely decisions on what,
where and how to improve the system. It comes down to improving
our decision-making structure by increasing regulatory
efficiency. Click here
for the full story as reported by Jim Burpee with Globe-Net.
Alberta Hopes to Make Oilsands Pipeline Worth
the Risks for BC
BC undertakes all the risk and bother of getting the oilsands
bounty to market while Alberta scoops the billions in benefits?
The question arises as Alberta Premier Alison Redford steps up
efforts to promote the oilsands as a national asset, yielding
gains for the entire country.
That notion sparked a tiff earlier this week between Redford and
Ontario’s Dalton McGuinty who complains the strong petro
dollar resulting from a booming oilsands industry is hurting his
province’s manufacturing sector, making the goods produced
more expensive and discouraging export markets.
For BC, the issue is entirely different, relating mainly to
construction and operation of pipelines across the
province’s turf, and tanker ports to transport the crude
to United States and Asian markets.
It should be noted that Redford is quite correct; both BC and
Ontario do benefit substantially from the Alberta resource.
According to the Calgary-based Canadian Energy Research
Institute, Ontario is the province that will benefit most other
|Special Direction No. 10 to the
British Columbia Utilities Commission (245/2007)
Family, Wills &
B.C. Appeals Ruling on Sperm Donor Identities
Little Known Family Law Fact
Leah Greathead told the Appeal Court of B.C. on Tuesday that a
lower court erred in a ruling that favoured a woman who was
conceived in 1982 at a Vancouver fertility clinic with the help
of a sperm donor.
Olivia Pratten sued the province last year because records
pertaining to egg and sperm donors can be legally destroyed
after six years, meaning people like her don't have the same
rights as adopted children to learn about their biological
B.C. Supreme Court Judge Elaine Adair sided with Pratten last
May, giving the B.C. government 15 months to amend its Adoption
Act and saying Pratten and others who are deprived of
their genetic backgrounds suffer psychological harm.
Adair also ordered a permanent injunction against the
destruction of donor records, but the government appealed the
ruling. View the full article
at CTV News.
Section 60(1) of the Law and Equity Act says that:
"For all purposes of the law of British Columbia, a married man
has a legal personality that is independent, separate and distinct
from that of his wife and a married woman has a legal personality
that is independent, separate and distinct from that of her
The purpose of this subsection is to cure a problem of the antique
common law on domestic relations arising from the unity of the
person doctrine. Under this doctrine, a married man and woman were
treated as one person by the law, although one person under the
man's control. Among other things, this meant that upon marriage
the husband took all of his wife's property, but also became
responsible for the lawsuits she had started and those started
against her, and the wife became able to pledge her husband's
credit. View the full
article published by John-Paul Boyd.
|There were no
amendments this month.
and Environment News:
Provincial Forest Plan Needed to Ensure
Forests for Future Generations
VICTORIA – Auditor General John Doyle has released his
latest report, An Audit of the Ministry of Forests, Lands
and Natural Resource Operations’ Management of Timber.
Nearly two-thirds of British Columbia’s 95 million
hectares is forested. These forests contribute to employment,
tourism and recreational opportunities, as well as generate
significant revenue for government to finance public services.
However, trends indicate that the future availability of timber
will be smaller and less diverse, putting future revenue
opportunities at risk. Stewardship responsibility for these
forest resources lies with the Ministry of Forests, Lands and
Natural Resource Operations. "Industry is legally obligated to
reforest the areas it harvests, and it does so," says Doyle.
"But government, which is responsible for over 90 per cent of
British Columbia’s forests, and whose reforestation
decisions have a significant impact on our future forests, is
not clear about its own commitments." The audit found that the
ministry has not clearly defined its timber objectives and, as a
result, cannot ensure that its management practices are
effective. Furthermore, existing management practices are
insufficient to offset a trend toward future forests having a
lower timber supply and less species diversity in some areas.
Finally, the audit found that the ministry does not
appropriately monitor and report its timber results against its
timber objectives. Click here
to read the report.
Avatar Grove to be Protected
A grove of giant, old-growth trees near Port Renfrew, which has
brought thousands of visitors to the area over the last two
years, will be protected by the province.
Avatar Grove, a unique stand of centuries-old Douglas firs and
red cedars, will be included in an expanded, 59-hectare
old-growth management area, Forests Minister Steve Thomson said
That means no logging or mining, but is one step short of the
legislated protection of park designation.
Surrey-based Teal-Jones Group, which holds logging rights for
the area around Avatar Grove, is being compensated with 57
hectares removed from other old-growth management areas.
Environmental Class Actions
Harper Grey LLP Lawyers: Lindsay Johnston
Residents of a small town in Northern Ontario launched a class
action in 2001, seeking damages for diminished residential
property value due to the stigma of nickel contaminants found in
soil. The case evolved over 10 years, and the Ontario Court of
Appeal ultimately set aside a $36 million award to the
The reasons? Environmental damages need to be proven with
concrete evidence – the inability to produce hard,
scientific evidence of harmful effects, to prove that land was
not used in an exceptionally dangerous manner while the refinery
was in operation and to gauge public perception based on facts,
not hearsay, all worked against the claimants in the end.
Harper Grey's Lindsay Johnston summarizes the implications of
this case in the following article: Class
Actions and Contaminated Land: Smith v. Inco Limited,
|Carbon Tax Regulation (125/2008)
|| by Reg
|Limited Entry Hunting Regulation
|| by Reg
|Occupational Health and Safety
BC Dumps Generic Drug-Pricing Deal
VICTORIA - The BC government is tearing up its generic drug
pricing deal with the BC Pharmacy Association and the Canadian
Association of Chain Drug Stores, saying the agreement is saving
far less money than hoped.
Health Minister Mike de Jong said the deal isn't paying off for
the government and he will introduce legislation this spring to
ensure government buys generic drugs at 25 per cent of the cost
of brand name drugs.
He said the BC legislation will be modelled on an Ontario drug
pricing bill adopted in April, 2010.
"It is equally appropriate to acknowledge the agreement hasn't
worked," de Jong said. "It hasn't reaped the benefits for
PharmaCare and for families that it was intended to. That can't
continue and it won't continue." View the full story.
New Provincial Regulations for Tanning Beds
About once a week, fifteen-year-old Julia walks the two blocks
from her Vancouver high school to Hot Shots Sun Studio in
Kerrisdale for a dose of UV rays.
Julia says her mother first took her for an indoor tan at the
age of 14 before a family spring break vacation to Hawaii. A
base tan is a gradual buildup of colour many vacationers believe
protects the skin from sunburn brought on by sudden, long hours
of exposure to tropical rays.
Julia returned to the salon after her holiday to
“maintain” and a year later is a regular user.
It’s not heroin, or alcohol she is using, but if health
authorities have their way, BC will soon introduce legislation
making it illegal for teens like her to indulge. Read more.
Amendments to Nurses (Licensed Practical)
New amendments brought about by B.C.
Reg. 20/2012 to the Nurses (Licensed Practical) Regulation
283/2008 came into force March 1st and allow LPNs to
provide services under the direction of a nurse practitioner.
Minister Reverses Decision to Add Siloxane D5
to CEPA Toxic Substances List
In October 2011, Blakes reported on an unprecedented decision by
an independent review board to recommend to Canada’s
Minister of Environment that he reverse his decision to
designate a chemical substance as being toxic under the Canadian
Environmental Protection Act (CEPA) (to view the October 2011
article, click here).
The substance in question is Decamethylcyclopentasiloxane, which
is better known as Siloxane D5. Siloxane D5 is an odourless,
colourless liquid that is used in consumer and industrial
applications. It is mainly used in blending and formulating
personal-care products and cosmetics, and is an intermediate in
the production of polydimethylsiloxane silicone polymers. Click
to view the full article by Robert Fishlock with Blakes.
|Continuing Care Fees Regulation (330/97)
|Hospital Insurance Act Regulation (25/61)
|Milk Industry Standards Regulation (464/81)
|Milk Pasteurization Regulation (39/75)
|Nurses (Licensed Practical) Regulation
|Occupational Health and Safety Regulation
|Pharmacy Operations and Drug Scheduling Act
||by 2007 Bill 26, c. 19, s. 32 (part) only (Reg
Statutes Amendment Act, 2007
COMPANY & FINANCE
Company and Finance News:
British Columbia Securities Commission:
Commission Panel Sanctions BC Man for Trading on Insider
A British Columbia Securities Commission panel has sanctioned a
BC man who breached securities laws when he purchased securities
in a mining company that was engaged in an acquisition. David
Charles Greenway, a 35-year-old resident of B.C., purchased
68,500 shares of Global Uranium Corp. with knowledge of the
company's acquisition of mining claims in Arizona (known as the
Anderson Property) before that information was made public.
Greenway admitted that he was a person in a special relationship
with Global during the acquisition period and that his purchase
contravened the prohibition against illegal insider trading.
View the full article.
Disciplinary Action and the Timeliness of
Most employers know that it is not easy to fire or discipline an
employee for just cause, especially if the reasons are due to
performance problems that continue over time. That is because
the employer has to document the problems, provide warnings, and
prove that the employee understood that his or her job was on
the line if they did not improve. In a recent case, the BC
Supreme Court decided that too much time had passed between the
employer’s last warning to the employee and the firing and
that the employer owed the employee damages for wrongful
dismissal when it attempted to demote and then fire that
employee. However, in a somewhat contradictory finding, the
court also decided that the employee should have accepted the
demoted position in order to reduce his wage loss from the
termination. Click here to view the full article
by Heather Hettiarachchi with Clark Wilson LLP.
BC Plans to Balance in 2013 by Selling Assets,
Raising Corporate Taxes
The BC Liberal government charted its return to balanced
budgets, tabling a document that promised to privatize its two
liquor distribution warehouses, increase MSP premiums and some
business taxes, and impose a strict three-year spending freeze
across most areas of government.
“We made a commitment to the people of British Columbia to
return to balanced budgets by 2013-14,” Finance Minister
Kevin Falcon told the legislature as he tabled BC’s latest
“we will honour that commitment.”
Falcon said government will run a $968-million deficit for the
coming 2012-13 fiscal year, but plans to return to balance by
2013-14 – the year it is legally obligated to do so.
To do this, Falcon said his government will cancel this
April’s planned drop in the small business corporate
income tax rate, holding it at 2.5 per cent instead of cutting
it to zero. Read more.
|Education and Health Sector Organizations
|Exemption Regulation (27/2002)
|Film and Television Tax Credit Regulation (4/99)
to Sept. 1/10
|Government Reporting Entity Regulation
|Interactive Digital Media Tax Credit Regulation
to Sept. 1/10
|National Instrument 31-103: Registration
Requirements, Exemptions and Ongoing Registrant Obligations
|Occupational Health and Safety Regulation
|Workers Compensation Act
||by 2011 Bill 16, c. 25, ss. 473, 475 and 478
only (in force by Reg
Local Government News:
Metro Vancouver's Country Mega-Mansions to
by Kelly Sinoski, Vancouver Sun
Metro Vancouver has backed off from a push to restrict the size
of homes on agricultural land, but directors have renewed a call
for B.C. legislation governing where the house can go and
limiting the residential footprint. The move, promoted by Surrey
directors and approved by the Metro Vancouver board Friday, was
hailed by some as a “middle-ground” approach to
protect farmland across the region, while allowing
municipalities to dictate land use on farms in their
communities. A third of Surrey’s land mass is
agricultural. Read it on Global
BC Aims to Permanently Cap Port Taxes
The BC government plans to make permanent a cap on municipal
taxes levied on ports throughout the province, a move aimed at
attracting investment in port infrastructure.
The cap on tax rates, which is scheduled for this session of the
legislature, affects 20 terminals in nine BC municipalities.
Making the cap permanent is designed to encourage long-term
investments in BC ports, Transportation and Infrastructure
Minister Blair Lekstrom said Monday in announcing the proposed
The cap has been in place since 2004, but was to expire in 2018,
creating business uncertainty, Lekstrom said. The change to make
the cap permanent is to be carried out through an amendment to
the Ports Property Tax Act during the current session of
| Additional Tax Regulation for the Regional
District of Alberni-Clayoquot (322/2006)
| Spent by Reg 322/2006, s. 5
| Hotel Room Tax Regulation for the City of
|| Feb. 29/12
|| by Reg
| Hotel Room Tax Regulation for Vancouver's North
Shore Tourism Association (323/2006)
|| Feb. 1/12
|| by Reg
| Liquor Control and Licensing Regulation
|| Feb. 7/12
|| by Reg
| Sled Dog Standards of Care Regulation (21/2012)
CBA Expresses Disappointment in
Government’s Handling of Justice System Crisis
VICTORIA, BC – The Canadian Bar Association, British
Columbia (CBABC), responding to the provincial budget released
today, expressed disappointment that the Government decided to
maintain “status quo” levels in the justice system
and overlook public demand to restore funding to legal aid as an
essential service. Underfunding legal aid affects families in
crisis and results in clogged courts that slow all cases down,
increasing the risk of serious criminal cases being dismissed
because they take too long to get to trial.
“The CBABC acknowledges the government’s previous
allocation of $2.1 million in funding for family law legal aid
which is continued in this budget,” said Sharon Matthews,
CBABC President. “However, this funding was provided to
avoid further cuts to family law legal aid and does not address
the status quo crisis in legal aid. This province needs legal
aid. Legal aid facilitates cases being resolved efficiently and
eases the strain on public resources which fund the justice
system.” Matthews continued, “The CBABC has long
advocated for a restoration of funding to legal aid as an
essential service for families, children and the most vulnerable
British Columbians.” View official CBA news
|There were no
amendments this month.
Motor Vehicle News:
The Point of No Return:
More on ICBC Settlements, Finality and Consent
As previously discussed on the BC Injury Law Blog (click here
to read all archived posts on this topic), a binding ICBC
settlement can be reached even before the "full and final
release" is signed. An oral contract can be the point of no
return. Reasons for judgement were released last week by the BC
Supreme Court, Vancouver Registry, demonstrating that once a
lawyer accepts a settlement offer on behalf of a client, it
likely becomes too late for the client to change their mind.
In last week’s case (Truong v. Marples) the
Plaintiff was injured in a motor vehicle collision. She hired a
lawyer to advance her personal injury claim. In the course of
the lawsuit, ICBC’s and the Plaintiff’s lawyer
agreed to a $10,000 settlement.
The Plaintiff agreed her lawyer had authority to accept the
offer but argued the deal should not be binding as the offer was
ambiguous as it should not have disposed of her no-fault
benefits claim with ICBC. The Court disagreed, finding that a
binding settlement was reached. Click here
to read the full article.
B.C. Eliminates Jet Fuel Tax
British Columbia has delivered on its promise to eliminate the
aviation fuel tax for international flights, reducing costs for
airlines, creating jobs, giving travellers more choice and
supporting the "Canada Starts Here – The BC Jobs Plan"
goal of expanding markets. The change is effective April 1.
Each new daily international flight creates between 150 and 200
new jobs at Vancouver International Airport (YVR). About 400
additional indirect jobs are created in the community at
businesses such as hotels, restaurants, travel agents and tour
operators, among others. View government news
|There were no
amendments this month.
ESTATE & BUILDERS LIEN
Real Estate & Builders Lien News:
Strata Property Act Changes
Strata corporations must now attach to the Information
Certificate (Form B) copies of:
Regulations for audited financial statements are expected next
- the strata corporation’s rules
- the current budget of the strata corporation
- the owner developer’s Rental Disclosure Statement
under section 139, if any, and
- the most recent depreciation report, if any.
New Tax Credit for First-Time Home Buyers will
A new tax break for first-time buyers of new homes will help
stimulate the construction industry and create plenty of new
jobs, an industry executive said of Tuesday’s 2012
“This is welcome,” Greater Vancouver Home
Builders’ Association president and chief executive
officer Peter Simpson said of a temporary bonus for first-time
homebuyers. The bonus will be effective until March 31, 2013 and
is worth up to $10,000.
“They have a difficult time getting into the market and
typically get assistance from the bank of Mom and Dad. So this
helps property virgins get on the first rung of home ownership
and helps stimulate construction.
For every home start, there are approximately three full-time
jobs each year.”
Working with a Realtor®
In real estate, like many other fields, professional
representation is available for every step of the process. How
much or little representation you need or want will depend on
your knowledge and background in real estate, as well as the
amount of time you have to dedicate to the process.
The purchase or sale of real estate has significant financial
implications for those involved, although the way in which the
transaction unfolds can have more significant consequences than
the price tag.
"It's critical to understand your comfort level going in. Buying
or selling a home is the largest financial transaction that most
people will ever be a part of and you want to ensure that all
aspects of the transaction are handled in an efficient manner
that helps protect you," Rosario Setticasi, Real Estate Board of
Greater Vancouver president said. "Realtors provide clients with
professional representation in a real estate transaction. As
your agent, they are duty-bound to work and advocate in your
Read the full article here.
| Strata Property Regulation (43/2000)
|| by Reg
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