Company and Finance News:

Canadian Securities Regulators Mandate OBSI’s Dispute Resolution
Service for Registered Dealers and Advisers [CSA]
The Canadian Securities Administrators (CSA) [on December 19] published final amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations, which would require all registered dealers and advisers (outside of Québec) to use the Ombudsman for Banking Services and Investments (OBSI) as the common dispute resolution service (DRS). Requiring that OBSI’s independent dispute resolution services be made available to clients is an important component of the CSA’s investor protection framework. The CSA have determined it is appropriate to mandate this requirement for exempt market dealers and portfolio managers, which CSA members directly oversee. [These] amendments now hold all registered dealers and advisers (outside of Québec) to the same requirement. Self-regulatory organizations (SROs) had already mandated their members to make OBSI’s DRS available to their clients and this requirement will continue to apply. Read the full BCSC news release. 

Revised PST Bulletins
The following PST bulletins and notices were issued in the month of December.

• Bulletin CT 002, Carbon Tax Refunds for Purchasers
• Bulletin MFT-CT 007, Refunds for Deputy Collectors and Retail Dealers
• Bulletin PST 111, Mining Industry
• Notice 2013-021, Motor Fuel and Carbon Tax
• Bulletin PST 319, Partnerships

Securities Regulatory Authorities Propose New
"Existing Security Holder" Prospectus Exemption
In an effort to reduce the cost of capital and provide greater access to a larger pool of investors, the securities regulatory authorities ("SRA") in all Canadian provinces, except Ontario and Newfoundland and Labrador ("Participating Jurisdictions") have released for public comment, Multilateral CSA Notice 45-312 – Proposed Prospectus Exemption for Distributions to Existing Security Holders. This proposed prospectus exemption is open for public comment until January 20, 2014, and would allow TSX Venture Exchange ("TSX-V") listed issuers to distribute securities to existing security holders (the "Existing Security Holder Exemption"). Absent from the above group of SRA is the Ontario Securities Commission ("OSC"). However, the OSC recently announced its support for the proposed Existing Security Holder Exemption and will seek substantial harmonization in developing its own exemption. Read the full article by the Securities and Corporate Finance Group in Davis LLP. 

Energy and Mines News:

A Tale of Two (Would-Be) Mines
One has Victoria's backing but not Ottawa's;
the other has Ottawa's blessing but not Victoria's
The apparent contradiction is baffling to both the mining industry and the environmental movement. On the one hand Premier Christy Clark's government says it is devoted to expanding the number of mines and is cheerleading one particularly controversial gold-copper mining project in BC despite two negative federal environmental reviews. On the other hand, Victoria is opposing a similar gold-copper project even though it obtained a positive provincial environmental assessment. Is the different approach to the two Vancouver companies, favoured son Taseko Mines Ltd. and smaller and seemingly out-of-favour Pacific Booker Minerals Inc., about politics? Or perhaps about the company and its backers? Does the size and location of the project, and the implications on fisheries, nearby communities and aboriginal claims, play a role? "It certainly is a head scratcher," said Jessica Clogg, executive director and senior counsel at West Coast Environmental Law. Read Vancouver Sun article.

BC Mining Remains Strong in 2013, Adds New Jobs
BC’s mining industry continues to grow and expand as new projects, construction starts and expansions drove job creation and investment throughout the mining industry in 2013. The most important highlight of 2013 was the celebration of a new mine going into production in August. Mt. Milligan mine north of Prince George, a $1.5-billion project with 350 permanent jobs, shipped its first copper ore in late summer and celebrated its commissioning in October. Additionally, a number of operating mines made improvements to their operations. Both Gibraltar mine in the Cariboo and Line Creek in the Kootenays received Mines Act permit amendments that resulted in almost $400 million in investment and ensured jobs for 650 workers. Mine construction dominated industry progress in 2013 with a number of large projects well on their way to becoming producing mines. Red Chris mine in the Northeast is well on its way. The $500-million project is expected to start producing ore in 2014. Roman mine, near Tumbler Ridge, also started construction and the company is working toward production in 2014. Read full government news release.

Family and Children News:

Family Law Act Applies to Unmarried Spouses
Separating before Act Came into Force:
Critical New Supreme Court Decision
The new year has gotten off to a very good start. On 30 December 2013, Madam Justice Hyslop released her judgment in Meservy v. Field, a concise and learned decision that unflinchingly addresses one of the most significant questions remaining on the application of the new Family Law Act: do the property provisions of the act apply to unmarried couples who separated before the act came into force on 18 March 2013? The answer to this question is very important because a "yes" would give unmarried spouses a presumptive entitlement to half the family property, while a "no" would leave all unmarried spouses separating before 18 March 2013 stuck making difficult claims under the common law. Here's the background to the question. Under the old Family Relations Act, only married spouses could make claims for the division of family assets. Although unmarried couples who had lived together for at least two years were "spouses" for the parts of the act about spousal support, they weren't spouses for the parts of the act about property. Read the full article by JP Boyd published on The Blog. 

New Training Standards Focus on Family Violence
New training and practice standards require, for the first time, that family dispute resolution professionals meet minimum training and practice standards, including training on how to screen for family violence. Under BC's Family Law Act, families going through separation and divorce are encouraged to consider, where appropriate, out-of-court family dispute resolution options. These options include the services of professionals such as mediators, parenting co-ordinators and arbitrators. The new training standards will ensure families are directed to safe and appropriate processes conducted by qualified professionals. Effective January 1, 2014, all dispute resolution professionals are required to meet the following new standards with regard to family violence:

• At least 14 hours of in-depth training on how to identify, screen for and manage family violence or power imbalances to determine whether, or what type of dispute resolution process is appropriate.
• A minimum level of family-related experience (between 2 and 10 years) and training in their area of practice (between 40 and 80 hours).
• A minimum of 10 hours a year of ongoing training to ensure their skillset remains relevant.
• Extensive training in family law.

Newly Revised Coast Appraisal Manual
The Timber Pricing Branch has published the revised Coast Appraisal Manual, effective January 1, 2014. Click here to view the new version, with amendments highlighted in red. 

BC Plans to Tighten Laws on Pesticides
Opponents say outright ban on cosmetic use is required
The provincial government is looking to tighten regulation around pesticides for cosmetic use – but health and environment groups are saying BC should follow the lead of other provinces and ban them outright. Currently, it's legal for homeowners in BC to use pesticides on their own property if, for example, they want to make their lawn look better. Other provinces, including Ontario and Quebec, have already passed legislation banning pesticide use for cosmetic purposes. Several BC municipalities also have bylaws restricting their use, but some groups, including the BC NDP, have been calling for provincial legislation over the past few years. Read more on The Province website.

Environmental Appeal Board Decisions
There was one Environmental Appeal Board decision released in the month of December. The decision involves Fernie Corbel's appeal of the decision of the Regional Manager, Recreational Fisheries and Wildlife Programs, Skeena Region, Ministry of Forests, Lands and Natural Resource Operations (the "Ministry"), denying his application for a permit transferring the right of property in a dead wolverine from the government to Mr. Corbel.

• Wildlife Act – Fernie Corbel v. Regional Manager [FINAL DECISION – APPEAL DISMISSED]

BC Closing the Gap on Overdue Environmental Penalties
The Province is naming names and taking away privileges as part of a new strategy aimed at increasing the collection rate of overdue environmental court penalties, announced Environment Minister Mary Polak. In a report released today, Closing the Gap, the Province publicly names the 18 businesses and 155 individuals with overdue environmental court penalties owing to the Province or to the Habitat Conservation Trust Foundation. [In December], letters [were] sent to those identified with fishing and hunting licences revoking these privileges. Once paid in full, these individuals will again be eligible to obtain licences or permits. The ministry will be updating the list at the end of January 2014. Read full government news release.

Living Wills Require Very Precise Language
A look at what these are and how to make one
The Margaret (Margot) Bentley court case illustrates the importance of being precise when writing a living will. UBC law professor Isabel Grant, who has seen Bentley's advance directive, said the most common problems with living wills is that they are too general. That was particularly true before 2011, when the provincial government passed legislation that set out exactly what was required for such directives to hold legal weight. "If an advance directive says 'if I don't recognize my children let me die' that wouldn't be enough. It would need to be more specific," she said. "It's really important to have precise language." Wanda Morris is executive director of Dying with Dignity, a Toronto-based non-profit organization that educates the public about living wills. Read the Vancouver Sun article. 

CFIA Now Reports to Minister of Health on Food Safety
Earlier [last] year, the government announced that the Canadian Food Inspection Agency (CFIA) would join Health Canada in reporting to the Minister of Health. This represents a fundamental shift in the CFIA’s reporting structure, as since its inception, the CFIA has reported to the Minister of Agriculture and Agri-Food. The government indicated that the intent of the reorganization was to strengthen Canada’s food safety system by consolidating the authorities responsible for food safety under one Minister. Read the full article by Laura Gomez with Gowlings LLP. 

HRLaw: Wrap up and Other Legislative Changes
Effective in 2014 across Canada
In this First Reference blog article by Yosie Saint-Cyr, several upcoming or recent changes to pensions, employment standards, health and safety, payroll and other HR law requirements across Canada are discussed. The article provides summaries of some of the important changes employers need to know about and prepare for. 

Pension Benefits Not Deductible from
Wrongful Dismissal Damages
The Supreme Court of Canada has decided that pension benefits received by a dismissed employee are not to be deducted from an award of wrongful dismissal damages. The decision in IBM Canada v. Waterman affirms an earlier ruling of the BC Court of Appeal which [is] discussed here.  Mr. Waterman was a long-service employee who was terminated with two months’ notice when he was 65. He rejected a severance offer that would have provided him some wages and some pension. He sued for wrongful dismissal but in the meantime began to get payments under the defined benefit pension plan that was part of his contract of employment. He succeeded with his wrongful dismissal claim and was awarded damages based on a 20-month period of reasonable notice. IBM sought to have the amount of pension payments received during the 20 months deducted from the damages. Read the full article by Earl Phillips with McCarthy Tetrault. 

When an Already Bad Day Gets Worse –
Vessel Owners Responsible for Compliance with WorkSafeBC
Safety Regulations at Vessel Casualty Sites
– Workers Compensation Act
If a casualty occurs in BC a vessel owner has a personal obligation to ensure the safety of all workers hired to help rescue his boat including the divers, repairers, marine surveyors, welders and contractual salvors. If there are any worker safety infractions that occur at a vessel casualty site, the vessel owner may face significant penalties from WorkSafeBC unless the owner adequately protects himself by written contract. To date in the marine industry, WorkSafeBC has primarily concerned itself with worker safety issues on fish boats and marine terminals. However, their inspectors have started to show up at casualty sites in BC waters when companies have been hired to salve vessels, including pleasurecraft. Under the BC Workers Compensation Act ("Act"), a "Prime Contractor" must exist at every work place wherein two or more employers have workers working at the same time. Read the full news alert by Bull Housser LLP. 

Miscellaneous News:

BC Law Society Adopts Change to Make
Legal Services More Affordable
The Law Society of British Columbia made a fundamental 'watershed' decision on December 6 with respect to the future direction of how legal services might be regulated and indeed offered in Canada’s third largest province. The society’s governing body unanimously endorsed the recommendations of its Legal Service Providers Task Force, which recently concluded a study as to whether various legal services providers, including lawyers, notaries public and paralegals, should be brought under one regulatory umbrella. View the full article on the Globe and Mail website.

Pot, Pipelines, Prostitution, Poverty
and Other Policy Challenges
Issues for 2014: BC has some difficult and
potentially transformative problems to deal with
With the holidays over, my grandmother would say, it's back to old clothes and porridge. To that, we can also add that we're back to dealing with a raft of hangover issues that could be, will be or ought to be dealt with this year. Here's a short list of some of the most contentious, difficult and even potentially transformative issues – all of which rather conveniently seem to start with P. Read the Vancouver Sun article. 

Provincial Court Scheduling Project:
Speeding up the criminal court process
This December the BC Provincial Court made changes to the criminal court process to improve its efficiency. For someone facing a trial, there are two changes that will impact their experience with the court process. The first of these changes is the elimination of mandatory trial confirmation hearings. These hearings were held after the accused entered a not guilty plea to make sure that everyone was ready to go to trial. These hearings are now optional and will only be scheduled if necessary. As part of this change, lawyers will no longer need to prepare trial readiness reports and arraignment reports. Any trial confirmation hearings that are already booked will go ahead, although lawyers can request a cancellation. Read the full announcement posted on the Legal Services Society Blog. 

BC Ferries Sues German Manufacturer over
2011 Ferry Crash into Nanaimo Terminal
BC Ferries is suing a German manufacturer of ship control systems for an alleged equipment failure in a 2011 incident in which a ferry rammed a dock in Nanaimo. BC Ferries is seeking at least $4 million in damages from SAM Electronics GmbH, according to a notice of civil claim filed December 20 in B.C. Supreme Court. SAM Electronics, headquartered in Hamburg, has 100 years of experience in manufacturing operating systems for ships, including for navigation and propulsion, according to its website. On December 20, 2011, the 160-metre Coastal Inspiration ferry struck the berth at Duke Point at a speed of about 5.6 knots, or 10 km/h. Seven passengers and nine crew members suffered minor injuries, and there was extensive damage to the ferry terminal. The crash put the ferry out of service for 23 days, while the Duke Point dock was closed three months for repairs. Read the Vancouver Sun article. 

CVSE Notice - Postponement of the Scheduled
Trailer Weight Reductions
This notice is to advise and notify the trucking industry of Commercial Vehicle Safety and Enforcement’s (CVSE) intent to defer the enactment of the December 31, 2013 scheduled trailer weight reductions until June 30, 2014. This deferral applies to commercial vehicles covered under section 7.26 and appendices F, H and I of the Commercial Transport Regulations. View CT Notice 10-13.

Property and Real Estate News:

Special Levies – Strata Property Act Amendments
On December 12, 2013 the Province brought into force legislative amendments to allow strata corporations with majority support to apply to the BC Supreme Court to require strata owners to pay for certain repairs. Under the amendment the court can issue an order to proceed with certain critical repairs necessary to ensure safety and prevent significant loss or damage as if the strata owners have passed a resolution endorsing a special levy. Currently, the Strata Property Act requires a ¾ vote to impose a special levy to raise money for needed repairs to common property. Without this amendment, a number of strata corporations would have remained deadlocked and deteriorating. Read the full article published on the VISOA website. 

A Note for Individuals with Property in the US
June 30, 2014 will mark a new era in Canada – US sharing of information on movement of individuals between the two countries. The result for Canadians with homes in the US is that they must be even more vigilant about counting the days they spend in the US to ensure that they do not exceed the 180 days in a rolling 12-month period rule. There is also a 120-day rule respecting reporting of income in the US. The consequences of living in the US for longer than the allowed period can be very oppressive. As there are both Canadian and US tax and non-tax consequences, the individual who breaches the rule may be in for a number of nasty surprises. Read the full article by Karen A. Platten with McLennan Ross LLP. 

I’ve Been Good. Can My Landlord Make Me Move?
Can a landlord end a tenancy when the tenant has not done anything wrong? It depends. We’re going to look at some different factors that come into answering this question. Just so we’re all on the same page, we’re talking about periodic tenancies, which are the kinds of tenancies that continue on indefinitely until either the landlord or the tenant give notice to end. The most common form of periodic tenancy is a month-to-month tenancy. There are no end dates in periodic tenancies. Read the full article by Rochelle Johannson and published on the Law Now website. 

Wills and Estates News:

New Wills and Estates Law Brings Sweeping Change to BC
The Wills, Estates and Succession Act passed by the BC legislature on September 24, 2009 finally comes into force in the New Year and it’s a sweeping change. After March 31, the new law brings together and updates various statutes with the twin aims of providing greater certainty for individuals who leave a will and simplifying the process for those responsible for distributing an estate. Among its benefits, the government says the act clarifies the process of inheritance when a person dies without leaving a will; makes the process easier for a spouse to transfer the jointly held title of the family home when a partner dies; clearly outlines the sequence in which to look for heirs; provides the courts with more latitude to ensure the last wishes of the dead are respected; clarifies obligations relating to property inheritance in the context of Nisga’a and Treaty First Nation lands; and lowers the minimum age at which a person can make a will from 19 to 16 years old. New probate rules also come into effect with the act, which was the product years ago of a long public process that included the participation of the Supreme Court and the BC Law Institute. Read the full article by Ian Mulgrew with the Vancouver Sun.[Note: Quickscribe has made available an early consolidation of WESA as it will appear when it comes into Force on March 31^st.]

Summary: The 2012-2013 Public Guardian and Trustee Annual Report
The BC Public Guardian and Trustee ("PGT") recently issued its Annual Report for 2012-2013. From 2012–2013, the PGT served approximately 30,300 clients and managed approximately $893 million of client assets. Most PGT clients have some vulnerability often resulting from their status as minors or mental incapability. Clients can include:

• Children in continuing care of the province;
• Children with trust funds;
• Children whose guardians wish to settle a claim for damages on behalf of the child;
• Seniors and other adults who require assistance with decision making due to mental illness, disease, developmental disability or brain injury;
• Vulnerable adults who are experiencing abuse, neglect, or self-neglect;
• Adults without family or others who are incapable of making a health care decision;
• Heirs and beneficiaries of estates of deceased persons;
• Missing persons; and
• Beneficiaries of trusts.