QUICKSCRIBE NEWS:

MLAs End Wild Session Marked by Blitz of Bills
Liberals leave legislation dangling amid swirl of political uncertainty
Provincial politicians left for summer break on May 31^st after a tumultuous legislative session that included the return of the provincial sales tax, two byelection defeats for the governing Liberals, a high profile defection to the B.C. Conservatives and an avalanche of bills that ultimately overwhelmed MLAs. The government introduced 35 bills since February, including 14 in May alone. That logjam caused the Liberals to bring down the hammer on debate, pushing several complex items, such as changes to unconstitutional drunk-driving rules, past MLAs in as little as 30 to 60 minutes per law. Four bills, including a gag law on animal disease outbreaks, didn't make the cut May 31^st and were pushed off to an unknown future. View the Times Colonist article.

Bills Introduced in May:

• Miscellaneous Statutes Amendment Act (No. 2), 2012
• FNCIDA Implementation Act
• Motor Vehicle Amendment Act, 2012
• Emergency and Health Services Amendment Act, 2012
• Civil Resolution Tribunal Act
• Protected Areas of British Columbia Amendment Act, 2012
• Athletic Commissioner Act
• South Coast British Columbia Transportation Authority Amendment Act, 2012
• Motor Vehicle Amendment Act (No. 2), 2012
• Family Day Act
• Coastal Ferry Amendment Act, 2012
• Provincial Sales Tax Act
• New Housing Transition Tax and Rebate Act
• Cosmetic Use of Pesticides Control Act, 2012
• Supply Act, 2012-2013

Of the Government Bills introduced this session, the following didn't get passed:

• Motion Picture Amendment Act, 2012
• Energy and Water Efficiency Act
• Animal Health Act
• Emergency and Health Services Amendment Act, 2012

A Note About This Reporter Release
The Reporter was delayed this month due to the abnormally high number of Bills that were passed on May 31^st. Our staff worked very hard to consolidate these changes in time for this release.

Tip: Log in to Quickscribe Online prior to clicking Reporter links.

Energy and Mines News:

BC Hydro Draft Integrated Resource Plan
On May 28^th, BC Hydro released the much anticipated draft Integrated Resource Plan - 2012 (IRP) (Executive Summary and draft IRP Discussion Guide), which is a long-term forecast on supply and demand for electricity in British Columbia. Essentially, the IRP is expected to be used as a key document for long-term electricity planning in the Province.

The draft report contains 14 recommended actions and is released to the public May 28, 2012 for consultation until July 6, 2012. Then, sometime before December 2012, BC Hydro will submit the final IRP for approval by the BC Cabinet. People are invited to have a say at an IRP consultation event hosted by BC Hydro.

As expected, the draft IRP is long on measures to encourage energy conservation and efficiency but also includes a few recommendations for much needed infrastructure capital investment for both capacity (Revelstoke Dam upgrade) and transmission (Prince George to Terrace upgrade) purposes. The $7.9 Billion Site C Dam is proposed to move ahead with an expected online date of 2020. In the meantime, the spot electricity market, the Canadian Entitlement and Burrard Thermal are recommended to be used as energy supply gap fillers.

For the BC renewable energy sector, the most noteworthy draft recommendation is:

RECOMMENDED ACTION #8: Develop energy procurement options to acquire up to 2,000 gigawatt hours per year from clean energy producers for projects that would come into service in the 2016-2018 time period.

View the full article posted by Warren Brazier with Clark Wilson LLP.

BC Miners Wary of PST Revival
British Columbia's booming mining industry is bracing for rising costs, including higher electricity prices, when the province's tax regime reverts next year to PST, PricewaterhouseCoopers said May 15, 2012.

According to PwC's annual mining survey, the industry collected record gross revenues of $9.9 billion in 2011 – a $2-billion jump from 2010 – thanks to higher commodity prices, particularly for coal, silver and lead.

But the revival of a series of provincial sales tax charges – eliminated two years ago with a shift to Ottawa's harmonized sales tax (HST) – reintroduces a series of tax rules that are considered complex, confusing and unfair.

PST exemptions for the mining industry take effect in April 2013, when the province abandons the HST. That will likely include exemptions for equipment involved in mineral exploration and mining.

But PwC says "various" other expenses will take a PST hit. Read more.

Coal Company Sues BC over Flathead Conservation Act
A coal mining company is suing the BC government for half a billion dollars following its decision to ban mining in the Flathead Valley in the southeastern corner of the province.

In 2010, the B.C. government bowed to international pressure and banned all mining and oil and gas development in the pristine valley, which borders national parks in Alberta and the U.S.

It has since been negotiating settlements with several mining companies that had claims in the valley. Click here to read more.

Air-Monitoring Program to Address Northeast Concerns about Oil, Gas
The B.C. government and oil and gas industry representatives are launching a joint three-year air monitoring and community engagement program in the northeast as the region gears up for more growth in the energy sector.

"It's a good time to do this," said Hudson's Hope Councillor Gwen Johansson, who is also a member of Peace Environment Safety Trustees (PEST), chairman of the landowners' group Custodians of the Peace Country Society, and former co-chair of the Northeast Energy and Mines Advisory committee. "We expect huge ramped-up activity [and] if this is done well it would be valuable," added Johansson. Read more.

Family, Wills & Estates News:

Update – Ethical Issues for Legal Support Staff in Family Law
Legal support staff play an integral role in ensuring that a lawyer's practice is successful. When the support staff are aware of ethical issues, staff can help prevent problems from arising and also help limit the scope of problems that do arise. Acts or omissions of legal support staff can lead to complaints and claims against the lawyers for whom they work. This paper was originally prepared by Edna M. Ritchie of the Law Society of British Columbia, Vancouver, BC, for the Continuing Legal Education Society of British Columbia publication Family Law Basics for Legal Support Staff–2009 (November 2009) and has been updated for March 2012. The paper will focus on a few areas where ethical issues arise in a family practice. Click here to view the paper.

New Rules – Marriage Fees
Beginning June 1^st, marriage commissioners may charge an additional $25 per hour, in addition to the standard fee of $75 plus HST charged for basic wedding ceremonies, to recognize the added effort, preparation and travel time required for some ceremonies.

Couples will continue to be charged the standard fee for basic wedding services, which are provided within one hour. The additional hourly fee applies only to time incurred over one hour and will be charged by the quarter hour. All additional fees are to be negotiated between the commissioner and the couple prior to the ceremony. View the full government news release.

Forest and Environment News:

BC's Legislative Committee to Review Midterm Timber Supply
BC lawmakers formed a special committee last month to examine the issue of midterm timber supply.

"The issue of midterm timber supply is of vital importance to not only the communities in the mountain pine beetle infested area, but to the province as a whole, given the importance of forestry as a key economic driver," Steve Thomson, Minister of Forests, Lands and Natural Resource Operations said in a news release. "I'm pleased that it is a special legislative committee that will meet government's commitment to public engagement on this issue." View the full article.

Contaminated Sites Across Canada Require Clean Up
The federal government identified 142 contaminated sites as of last September where pollutants need to be contained or eliminated because of a long-term or immediate threat to human health or the environment.

That's according to a CBC News analysis of the most recently available data compiled by the Treasury Board, one of the departments responsible for maintaining an inventory of sites. Much of the data is available online, but CBC News obtained more complete data under an access-to-information request. Click here to view the CBC article.

Canadian Foresters Get a Break from Export Tax – June 1^st
Canadian forestry companies will pay no export taxes in June on wood sent to the United States for the first time since the 2006 Softwood Lumber Agreement, the latest jolt of good news for an industry rebounding after a severe depression. While recovery is widely expected to be choppy, a new era in forestry is emerging, with the export tax at zero another marker of the change. Supply and demand dynamics are quickly shifting: There are far greater exports to China and supply faces a crunch, from forests in British Columbia killed by the pine beetle to regulatory reductions in the amount of trees that can be cut down in Ontario. View the full article in the Globe and Mail.

Fisheries Act Changes: Seeking the Right Mix between Protection and Development
A seasonal stream flowed through Larri Woodrow's one-hectare hobby farm in the north Langley neighbourhood of Walnut Grove.

Although the property, purchased in 1970, was outside the agricultural land reserve, Woodrow personally favoured the area remaining rural. But that's not what happened.

Over time he found himself surrounded by townhouses and compact single-family homes. Woodrow accepted his fate and decided to sell his property for development, too. At least that was the idea. Read more.

Health News:

Emergency Health Services Act Not Passed
Bill 48 was one of the casualties of the recent Parliamentary session. The Bill was to drastically change the roles of paramedics in BC and would have expanded their duties to include triaging patients in emergency rooms.

Many Tanning Salons Not Following Rules on Teens
A CBC News investigation shows many BC tanning salons are not following their own voluntary guidelines when it comes to teen tanning.

New BC legislation banning indoor tanning for anyone under 18 is expected to become law this fall.

CBC News conducted random tests involving 16-year-old Taryn Audet, who agreed to wear a hidden camera.

The investigation found Audet was easily able to get access to tanning beds in four out of five of the Vancouver salons she visited in the investigation.

Although it's not yet illegal to sell tanning-bed time to minors in B.C., the Joint Canadian Tanning Association says its members already ask for parental consent for anyone under 18. Read the full CBC news story.

Animal Health Act – Not Passed
The controversial Animal Health Act did not pass into law this session. The law was to ban in certain circumstances public disclosure of the location of an agriculture-related disease outbreak. The proposed law had been criticized as putting public the financial interests of the farm/industry ahead of public safety.

Labour, Company and Finance News:

Workers' EI History to Affect Claim under New Rules
Rule changes expected to be in place by 2013 stem from EI reform announced in March budget
The longer and more frequently someone is claiming employment insurance, the broader their job search will have to be and the lower the wages they must be willing to accept, according to proposed regulations.

Human Resources Minister Diane Finley revealed details Thursday about plans to reform EI that would change the definitions of "suitable work" and "a reasonable job search".

"This will ensure impartiality and strengthen requirements for Canadians receiving EI benefits to actively look for and accept all suitable work," Finley said at a news conference in Ottawa. Read the full article.

Changes to Business Corporations Act/Partnership Act
The Finance Statutes Amendment Act, 2012 received Royal Assent on May 14, 2012. This bill makes amendments to the Business Corporations Act and Partnership Act. To view the intent of the changes, please click here. Most of the sections are to come into force by regulation at a future date.

Employers Restrictions on Withholding Pay – Employment Standards Act
The Employment Standards Act (British Columbia) prohibits an employer from withholding or deducting any part of wages unless the employee has consented in writing. Problems frequently arise when employment terminates and the employer seeks to recover loans, advance payments (of wages or vacation pay) or other debts from the employee by way of deductions from the final pay. Watch out for

• poorly documented loan agreements or advances;
• employees taking vacation before it is fully earned;
• adjustments to commission earnings where the amount drawn exceeds the amount earned; and
• accidental overpayments.

View the full article by Christopher McHardy with McCarthy Tetrault.

Workers Compensation Act to Address Bullying in the Workplace
With workplace bullying and harassment on the rise in British Columbia, and high profile harassment law suits very much in the news, the BC government introduced further amendments to Bill 14 – Workers Compensation Amendment Act, 2011 on May 2, 2012 to address workplace bullying. These amendments add to the significant changes already proposed in Bill 14, which all employers should be aware of. Click here to view the full article by Heather Hettiarachchi of Clarke Wilson LLP.

Local Government News:

BC Gives Municipalities Another Month to Sign RCMP Contract
BC municipalities will get an extra month to decide whether they'll sign on to the new RCMP provincial police contract, but they'll have to submit their plans in writing for the government to review, says Justice Minister Shirley Bond. The province had expected mayors and councils to sign the RCMP deal by Thursday, after extending the deadline last month. But with some municipalities – including Burnaby – still publicly musing about walking away from the Mounties, the government is pushing the deadline back again to June 30^th. Read more.

Municipalities Mobilize to Meet Looming 2014 Funding Expiry
With the March 2014 expiry of critical federal infrastructure funding agreements looming, and the federal government now working on a plan to replace those programs, the Federation of Canadian Municipalities (FCM) is mobilizing its members to make sure their priorities are reflected in any new funding agreements.

The Federation launched Target 2014: Building our future at its annual conference in Saskatoon. FCM hopes to mobilize the 2000 municipalities and thousands of local officials that make up its membership to remind MPs of the importance of vibrant cities and communities to economic growth and prosperity. View the full article by the Federation of Canadian Municipalities.

Amendments to the Coastal Ferry Act
Bill 47, the Coastal Ferry Amendment Act, 2012, achieved Royal Assent on May 31^st, 2012. The government's vision is to connect coastal communities in an affordable, efficient and sustainable manner. Amendments to the act give the commissioner more flexibility to determine the amount of revenue needed to sustain operations and support ongoing investment. The commissioner will also be given additional responsibility to oversee the costs of providing the ferry service. These changes will help reduce the pressure on fares. Click here to view the government news release.

Miscellaneous News:

Legal Profession Act Amendments Passed in the BC Legislature
Bill 40, the Legal Profession Amendment Act, 2012 received third reading on May 9, 2012.

The Act provides much-needed updates to the Legal Profession Act, which has been in effect since 1998. With the amendments provided for in this Act, the Law Society now has better authority to regulate the legal profession in the public interest.

"The passage of this bill is the result of a significant effort on the part of the Ministry of Justice," said Bruce LeRose, QC, president of the Law Society. "We are very grateful to Minister of Justice and Attorney General Shirley Bond, and her staff for their appreciation of the importance of modernizing our legislation so that we can more effectively protect the public."

The Law Society also wishes to acknowledge the support of members of the Legislature, including Bill Bennett – Kootenay East and opposition critic for the Attorney General, Leonard Krog – Nanaimo who both spoke in favour of these important changes. View the full article posted by the Law Society.

Province Considers BYOB in BC Restaurants
BC may soon allow people to bring their own wine to restaurants, according to the minister responsible for BC's liquor laws, Rich Coleman. Bring Your Own Bottle, or "corkage," is legal in six Canadian provinces, including Alberta, Manitoba, Ontario, and Quebec.

"Allowing customers to bring their own wine to restaurants is one issue the province is considering as we continue to review our liquor policies," said Coleman, in a statement issued on Friday morning.

Coleman cautioned that no decisions have been made, but wine lovers and the restaurant industry are already coming out in support of the idea. Read more.

Motor Vehicle News:

ICBC Proposes Changes to Rate Policy
ICBC is making plans to update the manner in which it sets premiums for Basic vehicle insurance coverage. In order to communicate the proposition(s) to stakeholders and hear their comments and feedback, ICBC is hosting a series of stakeholder engagement meetings and Open Houses at 12 locations across BC between May 22 and June 7. Click here to view the full article published in Rumblings – BC Forest Safety Council.

BC Snuffs Out AirCare for Cars and Light Trucks
The BC government is shifting gears on the AirCare program with a plan to phase out tailpipe testing of light cars and trucks at the end of 2014 in favour of focusing on heavy-duty diesel vehicles.

Environment Minister Terry Lake said newer cars run much cleaner than the vehicles being made when the AirCare testing program began in Metro Vancouver and the Fraser Valley in 1992.

"With new technology in cars, what we're seeing is the incremental benefits to the airshed are smaller and smaller," he said Thursday.

Lake said the transportation and environment ministries will work to identify other classes of vehicles that haven't been covered by AirCare and find ways to reduce their emissions. View the article.

CVSE Bulletin – Daytime Running Lamps
This bulletin applies to ALL vehicles that operate on highway and that are subject to the British Columbia Motor Vehicle Act and the Motor Vehicle Act Regulations (MVAR). CVSE has received numerous enquiries regarding the compliance of Daytime Running Lamps for vehicles operating on highway. Motor Vehicle Act Regulation Division 4.02 (2) outlines the applicable standards for vehicle lighting requirements in British Columbia: "4.02 (2) - A vehicle on a highway must be equipped with lamps equivalent to those provided by the original manufacturer in accordance with the requirements that applied under the Motor Vehicle Safety Act (Canada), or a predecessor to that Act, at the time of vehicle manufacture." Click here to view the bulletin.

Bill 52, the Motor Vehicle Amendment Act (No. 2), 2012
Changes to How Traffic Tickets are Disputed
It was one of a half-dozen bills introduced all at once last month and by the time it came up for debate, the government had imposed time limits, so it got scarcely 30 minutes' attention. But Bill 52, the Motor Vehicle Amendment Act (No. 2), 2012, will have a big impact on how you go about fighting traffic tickets. Instead of going to court, you'll argue with the superintendent of motor vehicles over the phone. Then carry on the dispute in front of a new board. It's part of a continuing drive to strip cases out of the clogged courts and deal with disputes in administrative forums. Read more.

Real Estate & Builders Lien News:

Civil Resolution Tribunal Act – Faster Resolution of Strata Disputes
Bill 44, Civil Resolution Tribunal Act establishes a tribunal to provide dispute resolution services in relation to matters that are within its authority, in a manner that (a) is accessible, speedy, economical, informal and flexible, (b) applies principles of law and fairness, and recognizes any relationships between parties to a dispute that will likely continue after the tribunal proceeding is concluded, (c) uses electronic communication tools to facilitate resolution of disputes brought to the tribunal, and (d) accommodates, so far as the tribunal considers reasonably practicable, the diversity of circumstances of the persons using the services of the tribunal. The new Act (not yet in force) achieved Royal Assent May 31^st and will come into law by regulation at a future date.

Buying a Strata Unit Needs Extra Care – Strata Property Act
New provincial legislation requires all strata of more than four units – townhouse developments and even bare-land developments, as well as condos – to either prepare depreciation reports or annually obtain a three-quarters vote of owners to exempt themselves. Many first-time condo buyers rationalize a potential purchase something like this: "I'm paying $1,200 a month in rent," they say. "The mortgage on a sweet little place of my own will be $1,000 a month. So I'll be saving $200. Right?" "Wrong," says Scott Hannah, the Vancouver-based president of the non-profit Credit Counselling Society, who has heard this kind of flawed reasoning more times than he cares to count. Click here to view the full article posted in the Vancouver Sun.

New Housing Transition Tax and Rebate Act, Bill 56
The new Bill was introduced on May 28^th and proposes to:

• imposes a 2% tax on some sales and self-supplies of newly constructed or substantially renovated housing in respect of which tax is payable under Part IX of the Excise Tax Act (Canada) after March 31, 2013 and before April 1, 2015;
• provides for rebates in respect of some new housing;
• establishes an administrative scheme for the administration and enforcement of the tax and rebates that is similar to the administrative scheme established under Part IX of the Excise Tax Act (Canada);
• provides that the Minister of Finance, on behalf of the government, with the approval of the Lieutenant Governor in Council, may enter into an administrative agreement with the government of Canada respecting the administration and enforcement of this Act.

This Bill comes into force by Regulation at a future date.