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Vol: XI  –  Issue: XI  –  November 2012


New Quickscribe Training Guide – Now Available
We recently updated some of our handout material, which provides an overview and instruction for using some of the basic components of Quickscribe Online. If you are interested in receiving a PDF copy of this handout, please email info@quickscribe.bc.ca and type in “training guide” in the subject header.

Faster Load Times
Quickscribe recently resolved a server issue that was causing the occasional delay for the main page to load. The main page should load quickly and consistently now.

Quickscribe Survey Reminder
Thank you to those who have taken the time to complete our recent survey. We’ve had some great responses so far. If you have not already done so, please take a few minutes to complete the survey before it closes next week. Your feedback is very much appreciated. Results will be published in the New Year.

Happy Holidays!
The Quickscribe Team would like to take this opportunity to wish all of our clients a safe and happy holiday.

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

FEDERAL LEGISLATION — For notification of federal amendments, we recommend you use our RSS feed.

[ Previous Reporters ]



Energy and Mines News:

Proposed Activities for Mines Act Permitting Exemption
In November 2011, an amendment to the Mines Act was passed to enable cabinet to establish class exemptions for permits. Currently, permits are required for all mine-related activities including some small-scale mineral exploration activities that are low-risk and cause little-to-no health, safety or environmental concerns. While inspectors are able to grant individual exemptions, each application must be reviewed on a case-by-case basis. This process is time-consuming and takes away from reviewing and inspecting mine-related activities that do pose some potential for health, safety or environmental risk. Click here to view the full bulletin.

Oil Firms Issue Guidelines for Quakes Caused by Fracking
The Canadian Association of Petroleum Producers has issued a new set of guidelines for dealing with earthquakes caused by fracking, a controversial technique for extracting natural gas from shale. With fracking, operators inject a combination of water, sand and chemicals into the ground under high pressure to break the rock and free the gas trapped inside. The industry group's voluntary operating practices are being posted nearly three months after a study by the B.C. Oil and Gas Commission found fracking caused a spate of minor earthquakes in northeastern B.C. between 2009 and 2011. The guidelines encourage CAPP members to assess the potential for quakes by making use of existing data and communicating with nearby operators. View the CBC article.

BC to Host First LNG International Conference
British Columbia will host Canada’s first international conference focused on liquefied natural gas (LNG). The details were announced [recently] by Minister Rich Coleman. The conference, Fuelling the Future: Global Opportunities for LNG in BC, will be held at the Vancouver Convention Centre on February 25 and 26, 2013. The Province of British Columbia and natural gas LNG proponents will join First Nations leaders, local governments, learning institutions, global investors, and domestic and international consumers to discuss the status of BC’s LNG industry. Multiple panel discussions are planned, with topics focusing on global market developments, regulatory best practices and skills development for future labour needs. Read the full government news release.

Act or Regulation Affected Effective Date Amendment Information
Administrative Penalties Regulation (316/2012) NEW
Nov. 9/12
see Reg 316/2012
Exemption Regulation No. 4 (331/2012) NEW
Nov. 23/12
see Reg 331/2012
Utilities Commission Act Nov. 9/12 by 2012 Bill 30, c. 27, ss. 36, 37, 40 (b) and (c), 43, 44, 46 only (in force by Reg 316/2012), Energy and Mines Statutes Amendment Act, 2012

Family, Wills & Estates News:

Supreme Court Family Rules Amendment
Order in Council 833/2012, B.C. Reg 360/2012, amends the Supreme Court Family Rules, BC Reg 169/2009, effective March 18, 2013. The OIC was deposited on November 26, 2012.

Mediate BC Launches New Project Geared Toward Older Children
Mediate BC is managing an innovative project to pilot a mediation model incorporating both interest-based and evaluative approaches to help separated families resolve disputes concerning the eligibility of adult children for child support and special expenses. The Child Support Eligibility Mediation Project is being carried out in collaboration with the Family Maintenance Enforcement Program and is funded by the Law Foundation of British Columbia and the Director of Maintenance Enforcement. Project Coordinators Yuki Matsuno and Shelina Neallani are guest bloggers with a message describing the project and inviting families to participate in the pilot. View full article at the Mediate BC website.

Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month. 
Forest and Environment News:

A Warning for Plaintiffs in
Environmental Management Act Cost Recovery Actions

The B.C. Supreme Court recently considered the scope of its jurisdiction to hear claims for cost recovery under the Environmental Management Act, S.B.C. 2003, c. 53 [EMA]. In Terrim Properties Ltd. v. Soprop Holdings Ltd., 2012 BCSC 985, the Court found that it did not have jurisdiction to consider a cost recovery action in circumstances where the plaintiff had conducted certain remediation but no "determination" had been made by the "director" under the EMA that that property was a "contaminated site". Section 47(7) of the EMA requires that, before a court can hear a cost recovery action under s. 47, a site must have been "determined or considered under section 44". This requirement can be satisfied by a determination that a site is a contaminated site or by certain other actions by the director which will result in a site being "considered to be" a contaminated site: the appointment of an allocation panel; a determination that a person is a minor contributor; entry into a voluntary remediation agreement; issuance of an approval in principle; or issuance of a certificate of compliance (s. 44(5)). View the full article by by Kimberley Fenwick and Richard E. Bereti with Harper Grey LLP and published on the BCEIA website.

FortisBC Ready to Harness Tolko's Heat
The Tolko plant in Kelowna has been blowing off steam for decades. Wasted heat environmentalists would say. But that could soon change. Tolko, FortisBC and the City of Kelowna are teaming up to harness that wasted heat. "It's actually quite a nice system where you take waste heat, capture it and convert that heat into a water source," says FortisBC spokesman, Neal Pobran. "You just pipe that water underground and bring it in through the buildings, convert the water back into forced air and heat it throughout the building." Read it on Global News.

Federal Fisheries Officials Stalling on Talks to Protect Water
The Department of Fisheries and Oceans has no formal plans to consult with stakeholders on new regulations or partnerships to prevent industrial pollution in the wake of a major changes to environmental protection laws adopted last summer, says newly-released internal correspondence obtained by Postmedia News. Despite pledging to develop new regulations and partnerships to protect Canadian waterways when it implemented the changes to Canada’s Fisheries Act and other legislation, the department is unable to provide any timelines or details of its progress, nearly six months later. View article on Global.

Act or Regulation Affected Effective Date Amendment Information
Advertising, Deposits, Disposition and Extension Regulation (55/2006) Nov. 9/12 by Reg 318/2012
Cut Control Regulation (578/2004) Nov. 26/12 by Reg 367/2012
Drainage, Ditch and Dike Act Nov. 15/12 by Reg 373/2008, as amended by Reg 325/2012
Forest Act Nov. 16/12 by 2012 Bill 26, c. 14, ss. 1, 3, 4 only (in force by Reg 319/2012), Forests, Lands and Natural Resource Operations Statutes Amendment Act, 2012
Ozone Depleting Substances and Other Halocarbons Regulation (387/99) Nov. 9/12 by Reg 317/2012
Wildlife Act Nov. 26/12 by 2008 Bill 29, c. 33, section 16 only (in force by Reg 386/2012), Environmental (Species and Public Protection) Statutes Amendment Act, 2008 (as amended by 2009 Bill 11, c. 20, section 15 only, Labour Mobility Act, in force by Royal Assent)
Wildlife Act Commercial Activities Regulation (338/82) Nov. 26/12 by Reg 386/2012
Health News:

New Drug Price Regulation to Benefit BC Families
The government of British Columbia is following through on a commitment made earlier this year to lower the cost of generic drugs for BC families. A new drug pricing regulation will come into force on April 1, 2013, reducing the price of generic drugs to 25 percent of the brand name price immediately, and to 20 percent as of April 1, 2014. Currently, British Columbians pay 35 percent of the brand name price for generic drugs. “BC families will soon notice that they pay less at the till when they fill their prescriptions,” said Health Minister Margaret MacDiarmid. “Additionally, these price reductions will result in savings to our Government that will help enhance patient care for seniors and families.” The drug price regulation is the first in a suite of regulations required to fully implement the Pharmaceutical Services Act, which came into force in May 2012. The act shifts BC’s PharmaCare program from relying on government policy, to being protected by legislation. Read the Government news release.

BC Suspends Health Workers' Mandatory Flu Shots
The BC government has temporarily backed away from its mandatory flu vaccination policy for thousands of provincial health care workers. Instead of forcing workers to get flu shots, the Health Ministry says it will work towards getting compliance from workers in the first year of the program. View the full CBC article.

Proposed Medical Marijuana Changes Have Doctors on Edge
Other proposed changes would replace individual growers with commercial operations
The federal government is expected to unveil its new regulations for the medical marijuana program in the next few weeks and the expected changes have some doctors and other stakeholders worried. Health Canada took the unusual step of releasing its proposals months ago. It then held a series of pre-consultations during which thousands of people responded. One proposed change would streamline the process by which a person can receive medical marijuana, but it has doctors worried it puts too much onus on the physician. Read the CBC article.

Act or Regulation Affected Effective Date Amendment Information
Health Professions General Regulation (275/2008) Nov. 27/12 by Reg 387/2012
Labour, Company and Finance News:

What's New: Consumer Taxes - 2012
Notice 2012-016, Related Services, provides a general overview of the application of the PST to purchases of related services in BC upon the re-implementation of the PST on April 1, 2013. Some of the rules and requirements described in this notice are subject to legislative and regulatory approval. What's Taxable under the PST and What's Not? provides general information on which goods and services will be taxable under the Provincial Sales Tax Act and which will not, subject to the approval of the legislature and the passage of regulations. This is not an exhaustive list of all goods and services. For more Notices, view the Consumer Taxation Branch website.

Key Employees Who Quit –
What are your rights as an employer?

It is a common myth in British Columbia that employees can quit on just two weeks’ notice to their employer. Many will be surprised to learn that two weeks’ notice is by no means the law with respect to resignation, and that the failure to provide one’s employer with adequate notice can actually result in the employee being subject to a lawsuit. While such lawsuits are a rarity, there are certainly instances when such as lawsuit is warranted. Employees, particularly those who could be considered key employees, will, subject to the terms of an employment contract, have notice obligations to their employer before resigning. If a key employee resigns without giving you adequate notice, you may be able to sue the employee to recoup losses that you incur as a result of that key employee’s departure. Read the full article published on the British Columbia Lawyer Blog by Daniel Sorensen.

Act or Regulation Affected Effective Date Amendment Information
Audit and Audit Committee Regulation (314/90) Nov. 1/12 by Reg 210/2012
Business Corporations Act Nov. 1/12 by 2011 Bill 17, c. 29, ss. 1-17 only (in force by Reg 208/2012), Finance Statutes Amendment Act, 2011
by 2012 Bill 23, c. 12, ss. 1 (b), 7, 17-32, 33 (b), 36, 37 (a)-(g), 38 only (in force by Reg 301/2012), Finance Statutes Amendment Act, 2012
Business Corporations Regulation (65/2004) Nov. 1/12 by Reg 205/2012
Business Number Regulation (388/2003) Dec. 1/12 by Reg 330/2012
Cooperative Association Act Nov. 1/12 by 2012 Bill 23, c. 12, ss. 39-44, 48-72 only (in force by Reg 301/2012), Finance Statutes Amendment Act, 2012
Credit Union Incorporation Act Nov. 1/12 by 2012 Bill 17, c. 29, ss. 18-62 only (in force by Reg 208/2012), Finance Statutes Amendment Act, 2011
by 2012 Bill 23, c. 12, s. 73 only (in force by Reg 209/2012), Finance Statutes Amendment Act, 2012
Credit Union Incorporation Act Regulation (206/2012) NEW
Nov. 1/12
see Reg 206/2012
Definitions Regulation (311/90) Nov. 1/12 by Reg 211/2012
Extraprovincial Corporations Exemption Regulation (391/90) REPEALED
Nov. 1/12
by Reg 212/2012
Financial Adminstration Act Nov. 23/12 by 2011 Bill 18, c. 7, section 55 only (in force by Reg 327/2012), Advanced Education Statutes Amendment Act, 2011
Financial Institutions Act Nov. 1/12 by 2012 Bill 17, c. 29, ss. 64-81, 83-85, 87-116 only (in force by Reg 208/2012), Finance Statutes Amendment Act, 2011
by 2012 Bill 23, c. 12, s. 75 only (in force by Reg 209/2012), Finance Statutes Amendment Act, 2012
Financial Institutions Fees Regulation (312/90) Nov. 1/12 by Reg 213/2012
Finanical Institutions Publication Regulation (207/2012) NEW
Nov. 1/12
see Reg 207/2012
Insurance Council Regulation (569/2004) Nov. 1/12 by Reg 214/2012
Limitation on Acquisitions Regulation (331/90) Nov. 1/12 by Reg 215/2012
New Housing Transition Tax and Rebate Act NEW
Dec. 1/12
c. 31 [SBC 2012] 2012 Bill 56, (whole Act in force by Reg 324/2012)
New Housing Transition Tax and Rebate Regulation (324/2012) NEW
Dec. 1/12
see Reg 324/2012
Non-Reporting Company Exemption Regulation (101/92) REPEALED
Nov. 1/12
by Reg 216/2012
Pre-existing Company Provisions Regulation (217/2012) NEW
Nov. 1/12
see Reg 217/2012
Provincial Sales Tax Act Dec. 1/12 see 2012 Bill 54, c. 35, sections 1, 168 (1) (e) and (2) to (10), 173, 174 (1) to (3), (5) and (6), 211 (1) (c) and (d) and (3) to (6), 216 and 226 to 229 only (in force by Reg 346/2012)
Remission Regulation No. 7 (Forestry Revitalization) (334/2012) NEW
Nov. 23/12
see Reg 334/2012

Local Government News:

Audit Praises BC Municipal Police Watchdog
British Columbia’s municipal police complaint process is “well-documented and comprehensive,” if a little slow, according to a new report released by the provincial Auditor General Monday. The review, recommended by the Braidwood commission which examined the Taser death of Polish immigrant Robert Dziekanski, looked at a stratified random sample of complaints referred to the Office of the Police Complaint Commissioner. It found that none were treated as “trivial” and all were “respectfully addressed” and investigated in a “thorough manner” in accordance with the Police Act. Still, the report found that less than half (45 per cent) of investigations sampled were completed within the six-month time frame generally intended by the Act. Read more at the Vancouver Sun.

Last week, local government leaders from across Canada met with Members of Parliament from all parties to discuss the federal government's Long-term Infrastructure Plan. The message delivered? Communities need a 20-year plan that provides stable, predictable funding in line with the level of infrastructure investment from the 1950's to mid-1970s. UBCM President Mary Sjostrom and 1st Vice President Rhona Martin joined with Federation of Canadian Municipalities board and committee members from across Canada to outline the infrastructure recommendations released by FCM earlier in November. Over three days, the national delegation participated in nearly 120 separate meetings with MPs and Cabinet Ministers, and attended a series of infrastructure presentations delivered by Infrastructure Minister Denis Lebel, NDP Leader Thomas Mulcair, Liberal Party Leader Bob Rae, and Green Party Leader Elizabeth May. Read more on the UBCM website.

Jumbo Becomes Mountain Resort Municipality
Minister of Community, Sport and Cultural Development, Bill Bennett, announced today that Cabinet has approved the incorporation of Jumbo as a mountain resort municipality. A municipal council has been appointed for a term ending November 30, 2014, and an interim corporate officer has also been named and will serve until the first council meeting of the new municipality. Appointed as Jumbo’s first mayor and councillors are Greg Deck, Nancy Hugunin and Steve Ostrander. Phil Taylor will be the interim corporate officer, ensuring that the municipality is operational by its incorporation date of February 19, 2013. Jumbo Glacier Resort’s Master Development Agreement was approved in March 2012, following a 20-year review process and extensive consultation that informed and developed the Environmental Assessment Certificate, Resort Master Plan and Master Development Agreement. View the Government Information Bulletin.

Act or Regulation Affected Effective Date Amendment Information
Bylaw Notice Enforcement Regulation (175/2004) Nov. 26/12 by Reg 341/2012
Capital Regional District Regulation (65/90) Nov. 23/12 by Reg 340/2012
Designation Regulation (109/2003) Nov. 9/12 by Reg 315/2012
Eligible Port Property Designation Regulation (309/2010) Nov. 23/12 by Reg 345/2012
Freedom of Information and Protection of Privacy Act Nov. 23/12 by 2003 Bill 35, c. 48, section 14 only (in force by Reg 327/2012), Advanced Education Statutes Amendment Act, 2003
Hotel Room Tax Regulation for the City of Courtenay (321/2012) NEW
Nov. 9/12
see Reg 321/2012
Hotel Room Tax Regulation for the Town of Osoyoos (306/2007)
(Formerly: Additional Tax Regulation for the Town of Osoyoos)
Nov. 9/12 by Reg 320/2012
Municipal Finance Authority Act Nov. 23/12 by 2003 Bill 35, c. 48, sections 21 and 22 only (in force by Reg 327/2012), Advanced Education Statutes Amendment Act, 2003
Port Land Valuation Regulation (304/2010) Nov. 23/12 by Reg 328/2012
School Calendar Regulation (314/2012) NEW
Nov. 8/12
see Reg 314/2012
School Regulation (265/89) Nov. 9/12 by Reg 323/2012
Subdividable Property Designation (Tabor Rail) Regulation (329/2012) NEW
Nov. 23/12
see Reg 329/2012

Miscellaneous News:

BC's Flawed Civil Forfeiture Law Deals Out Harsh Punishment
Seven years ago, Frank Albert Wolff was caught speeding with a stash of marijuana in his pickup truck. It cost him his job as a fire captain. He also was sentenced to 100 hours of community work for what the judge said was a minor first offence by an otherwise law-abiding man. Imagine his surprise when, after his conviction, the government seized his $52,000 Dodge Ram under the civil forfeiture law, which came into effect after he was charged. Although politicians boasted the legislation would be used against the masterminds of organized crime, many of the cases have involved grabbing homes from marijuana grow-operations or asset seizures such as this in which the forfeiture seems disproportionate to the offence. Read the full Vancouver Sun article.

Government to Change Rules for Mentally Ill Offenders –
Criminal Code Legislation next year to change custody
rules for those found not criminally responsible

High-risk mentally-ill offenders who are found not criminally responsible for their crimes will have a harder time getting released from custody under changes to the Criminal Code to be introduced next year. At a news conference Thursday, Justice Minister Rob Nicholson did not specify what the changes would be, but said the changes will take into account the possible threat to the safety of the public and victims' requests for greater involvement in the process of release or the lifting of conditions imposed on the convicted. Nicholson said the legislation he expects to introduce next year will ensure public safety is paramount in decisions by courts and review boards about releasing high-risk mentally ill offenders into society. Read the CBC article.

Limitation Act
The Ministry of Justice recently posted an information piece on the new Limitation Act, which comes into force June 1, 2013. The new Limitation Act will make the law easier to understand and bring BC’s law more in line with other provinces. The Limitation Act sets out the time periods people have to start a proceeding to sue one another in the civil justice system. While many other laws set limitation periods, the Limitation Act sets the default regime, which means that unless another law sets the applicable limitation period, the Limitation Act applies. Click here to view full article on the Ministry of Justice website.

Act or Regulation Affected Effective Date Amendment Information
Advertising Sponsor Disclosure Report Regulation (431/99) Nov. 20/12 by Reg 326/2012
College and Institute Act Nov. 23/12 by 2011 Bill 18, c. 7, sections 16 and 18 only (in force by Reg 327/2012), Advanced Education Statutes Amendment Act, 2011
Degree Authorization Act Nov. 23/12 by 2011 Bill 18, c. 7, section 22 only (in force by Reg 327/2012), Advanced Education Statutes Amendment Act, 2011
Haida Gwaii Reconcilation Act Nov. 23/12 see 2010 Bill 18, c. 17, section 6 only (in force by Reg 336/2012)
Jury Regulation (282/95) Nov. 9/12 by Reg 322/2012
University Act Nov. 23/12 by 2011 Bill 18, c. 7, section 51 only (in force by Reg 327/2012), Advanced Education Statutes Amendment Act, 2011
Motor Vehicle and Traffic News:

BC Law Cuts Drunk Driving Deaths by 46 Percent
in Two Years, Says Government

An estimated 104 lives have been saved since the provincial government introduced a tough new impaired driving law two years ago, Minister of Justice and Attorney-General Shirley Bond said Wednesday. Referring to road crash fatality data for the two years ending in September 2012, Bond said there has been a 46 percent drop from the average of 114 deaths for each of the previous five years. She said that beats the government’s goal set in 2010 to reduce alcohol-related driving fatalities by 35 percent by the end of 2013. Read more at the Vancouver Sun.

Tractor-Trailer Driver Not Negligent for Entering Left Lane To Make Wide Right Turn
Large commercial vehicles sometimes have to make wide turns. In some circumstances it is necessary for such motorists to move out of the curb lane before executing such a turn. Reasons for judgement were released last week by the BC Supreme Court, New Westminster Registry, addressing a collision occurring during such a maneuver. In last week’s case (Steward v. Dueck) the Plaintiff was travelling the in the ‘fast’ lane. Ahead of her in the curb lane was “a very large commercial vehicle“. The commercial vehicle started a right hand turn by first signalling, checking that traffic was a safe distance behind him, crossing into the fast lane and beginning his wide turn. During this time the Plaintiff collided with the trailer unit. The Plaintiff sued for damages but the claim was dismissed. The Court found the commercial driver was not negligent. Read the full article posted by Erik Magraken on BC Injury Law.

Act or Regulation Affected Effective Date Amendment Information
Blood Sample Certificate Regulation (333/83) Nov. 23/12 by Reg 343/2012
Motor Vehicle Act Nov. 23/12 by 2003 Bill 35, c. 48, section 20 only (in force by Reg 327/2012), Advanced Education Statutes Amendment Act, 2003

Real Estate and Builders Lien News:

New Housing Transition Tax and Rebate Act – In Force
Effective December 1st, the new New Housing Transition Tax and Rebate Act came into force by B.C. Reg. 324/2012. The new Act is intended to provide temporary, transitional rules designed to help ensure the amount of tax payable on a newly constructed home during the transition period from HST to PST is comparable to the amount of tax payable on a home fully constructed under the PST, regardless of when construction begins.

Province Seeks Input for Mortgage Brokers Act Review
The BC government is seeking public input on ways to strengthen consumer protection and ensure the Mortgage Brokers Act better reflects the current financial services market. The Mortgage Brokers Act provides a framework for the registration and regulation of mortgage brokers in British Columbia. It was enacted in 1972 as consumer protection legislation. Although the act has been amended several times, the current financial services market has changed profoundly over the past forty years and further revision of the act may be warranted. For more information on the Mortgage Brokers Act Consultation Paper and details on how to participate in the consultation process, visit the Ministry of Finance website. The final date for submissions is February 28, 2013. Click here to view the government Information Bulletin.

Conducting Leasing Due Diligence?
Watch for These Nine Lease Provisions

A purchaser of income-earning commercial real property must take steps to confirm the integrity and enforceability of the property's leases. John Hutmacher with Blakes LLP provides in this article a brief explanation of nine aspects of leases that should be reviewed by the purchaser or its legal advisers during the due diligence period. View the full article.

Act or Regulation Affected Effective Date Amendment Information
New Housing Transition Tax and Rebate Act NEW
Dec. 1/12
c. 31 [SBC 2012] 2012 Bill 56, (whole Act in force by Reg 324/2012)
New Housing Transition Tax and Rebate Regulation (324/2012) NEW
Dec. 1/12
see Reg 324/2012
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