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Vol: XIII – Issue: III – March 2014 | |
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QUICKSCRIBE NEWS: New Experts On Board Murray Campbell, a partner at Lawson Lundell LLP, and the head of Lawson Lundell's Pensions and Benefits Law Group, will act as Quickscribe's expert in the area of Pensions law. Murray acts for boards of trustees and other sponsors of pension plans in the private and public sectors in British Columbia, Alberta and Saskatchewan. While Murray is a solicitor, he is regularly involved in pension and benefit litigation. He is the past Chair of the Pensions and Benefits Law Section of the Canadian Bar Association (BC Branch), and is recognized by Chambers Global as a top Pensions and Benefits lawyer in Canada (Band 1), and by Lexpert as a "most frequently recommended" lawyer for Pensions & Benefits Management in British Columbia. New Bills Introduced
A number of private and members' bills were also introduced in March. These include:
A reminder that if you would like to track the progress of these Bills, or to track changes to any laws that Bills amend, please feel free to make use of our Quickscribe Online BC Legislative Digest tracking tool, and have us monitor and alert you to changes for laws of your choosing. |
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Tip: Log in to Quickscribe Online prior to clicking Reporter links. |
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FEDERAL LEGISLATION — For notification of federal amendments, we recommend you use our RSS feed. | ||
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[ Previous Reporters ] |
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CATEGORIES |
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COMPANY & FINANCE ENERGY & MINES FAMILY & CHILDREN FOREST & ENVIRONMENT HEALTH LABOUR & EMPLOYMENT |
LOCAL GOVERNMENT MISCELLANEOUS MOTOR VEHICLE & TRAFFIC PROPERTY & REAL ESTATE WILLS & ESTATES |
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COMPANY & FINANCE | ||
Company and Finance News: BC Law Institute Puts Forward Report The report analyzes franchise legislation in force in Canada, the U.S., and elsewhere, and contains a detailed legislative proposal for the province that is unregulated. "Given the prevalence of franchised businesses in BC and their importance to the provincial economy, it is surprising that BC has no franchising legislation," said Jim Emmerton, executive director of BCLI in a statement Monday. "The enactment of franchise legislation in BC along the lines set out in this report would give appropriate and needed protection to BC franchise owners. It would also benefit franchisors by contributing to the establishment of consistent standards across the country." BC is one of a handful of remaining provinces without specific legislation protecting franchisees from franchisors, who currently don't have to disclose financial data, litigation history, and other information to prospective franchisees. Read the full article by Jennifer Brown and published on the Canadian Lawyer & Law Times Blog, Legal Feeds. BC Securities – Policies & Instruments
PST Bulletins
For more information, visit the Consumer Taxes website. Credit Card Fees "Civil Conspiracy", Class Action Lawsuit Says The class action lawsuit was filed by a Vancouver furniture retailer Mary Watson, who alleges the fees charged by 12 separate financial institutions, including Visa, Mastercard and Canada's big banks, "unlawfully interfered with the economic interests of merchants." The suit says merchants are forced to accept every Visa or MasterCard presented by customers – including premium cards – even though merchants are charged much higher fees for those premium cards. Read the CBC article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Business Corporations Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 204 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Disclosure of the Cost of Consumer Credit Regulation (273/2004) | Mar. 3/14 | by Reg 26/2014 |
Income Tax Act | Mar. 24/14 | by 2014 Bill 8, c. 4, sections 15, 18 to 20, 23 to 27 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
RETROACTIVE to Jan. 1/14 |
by 2014 Bill 8, c. 4, sections 16, 17, 22 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 | |
RETROACTIVE to Mar. 20/13 |
by 2014 Bill 8, c. 4, section 21 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 | |
Insurance Act | Mar. 31/14 | by RSBC 2012, c. 1, sections 156 and 157 only (in force by Reg 207/2013), Insurance Act |
Multilateral Instrument 11-102 Passport System (58/2008) | Mar. 1/14 | by Reg 24/2014 |
National Instrument 23-103 Electronic Trading and Direct Electronic Access to Marketplaces (61/2013) (formerly National Instrument 23-103 Electronic Trading) | Mar. 1/14 | by Reg 24/2014 |
Provincial Sales Tax Act | RETROACTIVE to Apr. 1/13 |
by 2014 Bill 8, c. 4, sections 43, 45, 46, 48 to 54, 59, 61 to 66, 68 to 80, 83, 84, 86, 87, 89, 92, 93, 96, 97, 99 100, 102 and 103 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
RETROACTIVE to Feb. 19/14 |
by 2014 Bill 8, c. 4, sections 47, 56 to 58, 81, 82, 94 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 | |
Mar. 24/14 | by 2014 Bill 8, c. 4, sections 67, 88, 101 and 104 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 | |
Public Sector Pension Plans Act | Mar. 24/14 | by 2014 Bill 8, c. 4, sections 1 and 2 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
Securities Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 195 (Schedule 1) only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Special Accounts Appropriation and Control Act | Apr. 1/14 | by 2014 Bill 8, c. 4, section 109 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
Tobacco Tax Act | Apr. 1/14 | by 2014 Bill 8, c. 4, section 111 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
ENERGY & MINES | ||
Energy and Mines News: Mines Act Amendment BC Fracking Challenged by Environmental Groups Ecojustice first filed the lawsuit on behalf of the Western Canada Wilderness Committee and the Sierra Club of BC against BC's Oil and Gas Commission and energy company Encana Corp last November. The groups claim the commission and Encana, are in violation of the province's century-year-old Water Act because of the repeated use of short-term permits allowing millions of litres of fresh water to be drained from lakes, streams and rivers and mixed with chemicals and sand and injected under high pressure into the ground to release natural gas. Morgan Blakley, a lawyer who represents the coalition, says his clients believe repeatedly granting short-term water withdrawal permits to the same company for the same reason is illegal. View the article on CBC News website. Federal Government Announces Approval of This approval by the Government of Canada is the last step in the approval process for the issuance of a LNG export licence. While obtaining a long-term National Energy Board (NEB) export licence is one key step in the approval process for these LNG projects, additional permits and approvals are still required. The outstanding project approvals will focus on facility and construction approvals and environmental assessments from provincial and federal regulators, including upstream approvals for pipelines. Read the full article by Gordon Nettleton and Kimberly Howard of McCarthy Tetrault. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Direction No. 6 to the British Columbia Utilities Commission (29/2014) | NEW Mar. 6/14 |
see Reg 29/2014 |
Direction No. 7 to the British Columbia Utilities Commission (28/2014) | NEW Mar. 6/14 |
see Reg 28/2014 |
Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation (495/92) | Mar. 14/14 | by Reg 30/2014 |
FAMILY & CHILDREN | ||
Family and Children News: Adoption Act Amendments Supreme Court Releases Important Decision on Paramountcy Special Accounts Appropriation and Control Act Amendments |
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Act or Regulation Affected | Effective Date | Amendment Information |
Community Care and Assisted Living Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 205 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Court Rules Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 208 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Infants Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 222 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Land (Spouse Protection) Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 226 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Marriage Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 239 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Public Guardian and Trustee Fees Regulation (312/2000) | Mar. 31/14 | by Regs 148/2013 and 208/2013 |
Public Guardian and Trustee Regulation (457/99) | Mar. 31/14 | by Reg 148/2013 |
Supreme Court Civil Rules | Mar. 31/14 | by Reg 149/2013 as amended by Reg 41/2014 |
Trustee Act | Mar. 31/14 | by 2009 Bill 4, c. 13, sections 257 (b), 258, 260, 263 (a), 265, 195 (Schedule 1) only (in force by Reg 148/2013), Wills, Estates and Succession Act |
FOREST & ENVIRONMENT | ||
Forest and Environment News: Administrative Remedies in the BC Forest Industry: While the possibility of a traditional prosecution or civil law suit before a judge still remains, it has become more theoretical than real. The Ministry no longer needs to persuade the Ministry of Attorney General that evidence exists to establish beyond a reasonable doubt that someone committed an environmental offence, or that an alleged contravention is otherwise of sufficient importance to warrant a prosecution. The Ministry can simply act on its own and exercise any of a number of administrative remedies. And once the Ministry does act, the onus is placed on the person subject to the Ministry's authority to take positive steps to ensure the Ministry has exercised its authority appropriately. Read the Forestry Law Bulletin published by Davis LLP. DFO "Fudging the Numbers," Court Finds; The Nuu-chah-nulth First Nations, whose herring-roe fishery has been closed since 2006, went to court last month seeking the injunction. The ruling has prompted the Haida First Nation to threaten similar court action. And the central coast First Nations say they'll do whatever it takes to protect their fisheries. The First Nations say the fisheries should not be opened because they have not recovered enough to allow harvesting safely. Read the Globe and Mail article. Haida Nation to Enforce Forestry Laws Under a new program that is being tried for the first time in British Columbia, the law-enforcement arms of the Ministry of Forests and the Ministry of Environment will be run jointly by the province and the Haida Nation. The approach calls for the Council of the Haida Nation to fund and appoint a conservation officer who will join a small provincial team that is already in place on the remote archipelago off BC's north coast. "What we'll see is more day-to-day involvement by the Haida in compliance and enforcement activities," said Gordon Hitchcock, an inspector with the Conservation Officer Service. Read the full article in the Globe And Mail. Water Use in BC: BC Tables Long-Awaited In general, the Water Sustainability Act repeals most of the 1909 Water Act; re-enacts the Water Act's regulatory scheme for the diversion and use of stream water; extends that regulatory scheme to groundwater; authorizes the establishment of "water objectives" and their consideration in water-use decision-making; requires the consideration of "environmental flow needs" of streams in issuing licenses; moves certain Fish Protection Act provisions to the new statute; establishes new powers to modify existing precedence of water use to protect streams, aquifers and essential domestic uses of water; and establishes an administrative penalty scheme. Read the full article by Jeff Christian of Lawson Lundell LLP. Environmental Appeal Board Decisions
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Act or Regulation Affected | Effective Date | Amendment Information |
Carbon Tax Act | Mar. 24/14 | by 2014 Bill 8, c. 4, sections 6 to 11 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
Designation and Exemption Regulation (168/90) | Mar. 17/14 | by Reg 32/2014 |
Logging Tax Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 238 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Limited Entry Hunting Regulation (134/93) | Mar. 18/14 | by Reg 39/2014 |
Park Act | Mar. 24/14 | by 2014 Bill 4, c. 6, sections 1 to 4 (in force by Royal Assent), Park Amendment Act, 2014 |
Sustainable Environment Fund Act | Apr. 1/14 | by 2014 Bill 8, c. 4, section 110 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
HEALTH | ||
Health News: Nurse Practitioners Amendments and Dosage Errors May Have Tilted Clinical Lorne Lachance made his arguments on [March 26], the second day of an injunction hearing that will determine whether select participants of the Vancouver-based heroin study will be able to receive a prescription version of the drug while a larger constitutional challenge is before the courts. Read the Globe and Mail article. BC Introduces First-of-Its-Kind Mental "In the past, we have seen patients with severe mental illness and addiction cycle through our health-care and justice system," said Health Minister Terry Lake. "The Vancouver team is the first of its kind in BC and, combined with the expansion of services at St. Paul's Hospital, we will be able to provide more complete and supportive care to this vulnerable patient group." The Assertive Outreach Team includes a nurse, social worker, psychiatrist, physician and Vancouver Police Department staff. Members of the team work together to support patients who suffer from severe addictions and mental health issues and transition them from local emergency departments in Vancouver to appropriate community services. "We recognized that individuals with severe mental health and addiction challenges have difficulty connecting to community supports after their medical needs have been met," said Anne McNabb, Vancouver Coastal Health's director of mental health and addiction, inner city. "This team takes a rapid, hands-on approach to ensure patients are completing the transition from acute care to community care." Read the government news release. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Community Care and Assisted Living Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 205 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Drug Price Regulation (344/2012) | Mar. 1/14 | by Reg 344/2012 |
Apr. 1/14 | ||
Patients Property Act | Mar. 31/14 | by 2009 Bill 4, c. 13, sections 243 to 244 (a) and (b) only (in force by Reg 148/2013), Wills, Estates and Succession Act |
LABOUR & EMPLOYMENT | ||
Labour and Employment News: Employment Standards Act Amendment Suncor Loses on Random Alcohol and Drug Testing Suncor had tried to implement a random drug and alcohol testing policy with respect to all of its safety-sensitive employees in the oil sands. The union resisted and was able to get an injunction from the Alberta courts to prevent implementation of the policy until the arbitration was completed. A majority of the three member arbitration panel ruled against Suncor. They found that there was insufficient evidence of a problem with alcohol and drug use affecting the workplace, and that the evidence was lacking on the issue of whether random testing would help address whatever problem there was. Meanwhile, a dissenting member of the panel found there was compelling evidence (including three alcohol or drug related fatalities and 149 positive post-incident alcohol and drug tests, in 10 years) to justify random testing. Suncor intends to appeal the decision. Read the full article by Christopher McHardy of McCarthy Tetrault. Workers Compensation Act Amendments You Get What You Bargain for: Enforceable Termination Clauses Employment agreements can provide employees with only the Employment Standards Act minimum severance on termination. These agreements modify what would otherwise be an obligation to provide an employee with reasonable notice of termination and can greatly reduce severance costs for employers. Reasonable notice is often 50% to 90% greater than ESA notice. Read the full article published on the law firm Bull Houser's website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Employment and Assistance Regulation (263/2002) | Mar. 17/14 | by Reg 31/2014 |
Employment and Assistance for Persons with Disabilities Regulation (265/2002) | Mar. 3/14 | by Reg 27/2014 |
Mar. 17/14 | by Reg 31/2014 | |
Employment Standards Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 212 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Financial Information Act | Mar. 25/14 | by 2014 Bill 6, c. 1, section 10 only (in force by Reg 43/2014), Provincial Capital Commission Dissolution Act |
Public Service Benefit Plan Act | Mar. 24/14 | by 2014 Bill 8, c. 4, section 3 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
LOCAL GOVERNMENT | ||
Local Government News: Local Government Act and Community Charter Amendments
Taxation (Rural Area) Act Amendments LGCMC Meets to Discuss RCMP Contract |
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Act or Regulation Affected | Effective Date | Amendment Information |
Belleville Wharves Designation Regulation (43/2014) | NEW Mar. 24/14 |
see Reg 43/2014 |
Capital Commission Act | REPEALED Mar. 25/14 |
by 2014 Bill 6, c. 1, section 20 only (in force by Reg 43/2014), Provincial Capital Commission Dissolution Act |
Community Charter | Mar. 31/14 | by 2009 Bill 4, c. 13, section 195 (Schedule 1) only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Heritage Special Direction No. HC2 to the British Columbia Utilities Commission (158/2005) | REPEALED Mar. 6/14 |
by Reg 28/2014 |
Interpretation Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 225 (b) only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Local Government Act | Mar. 31/14 | by 2009 Bill 4, c. 13, sections 195 (Schedule 1) and 237 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Ombudsperson Act | Mar. 25/14 | by 2014 Bill 6, c. 1, section 12 only (in force by Reg 43/2014), Provincial Capital Commission Dissolution Act |
Ports Property Tax Act | Mar. 24/14 | by 2014 Bill 8, c. 4, sections 39 to 41 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation (104/2004) | Apr. 1/14 | section 3 (4) repeals section 3 (3) |
Provincial Capital Commission Dissolution Act | NEW Mar. 25/14 |
c. 1 [SBC 2014], 2014 Bill 6, whole Act in force by Reg 43/2014 |
Provincial Land Definition Exemption Regulation (219/96) | Mar. 25/14 | by Reg 43/2014 |
Railway Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 195 (Schedule 1) only (in force by Reg 148/2013), Wills, Estates and Succession Act |
School Act | Mar. 24/14 | by 2014 Bill 8, c. 4, section 108 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
Vancouver Charter | Mar. 31/14 | by 2009 Bill 4, c. 13, section 195 (Schedule 1) only (in force by Reg 148/2013), Wills, Estates and Succession Act |
MISCELLANEOUS | ||
Miscellaneous News: BC Online Act Amendments Miscellaneous Professional Association Acts – Amendments New Animal Health Act To Replace and Consolidate Other Acts
Source: Government of BC |
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Act or Regulation Affected | Effective Date | Amendment Information |
Enforcement of Canadian Judgments and Decrees Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 213 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Evidence Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 216 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
First Peoples' Heritage, Language and Culture Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 195 (Schedule 1) only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Freedom of Information and Protection of Privacy Act | Mar. 25/14 | by 2014 Bill 6, c. 1, section 11 only (in force by Reg 43/2014), Provincial Capital Commission Dissolution Act |
Law and Equity Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 234 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Legal Profession Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 235 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Museum Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 195 (Schedule 1) only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Public Agency Accommodation Act | Mar. 25/14 | by 2014 Bill 6, c. 1, sections 14 and 15 only (in force by Reg 43/2014), Provincial Capital Commission Dissolution Act |
Retention of Fees for Attendance at Training Program Regulation (145/2009) | Mar. 31/14 | by Reg 46/2014 |
Seniors Advocate Act | NEW Mar. 19/14 |
c. 15 [SBC 2013], 2013 Bill 10, whole Act in force by Reg 40/2014 |
University Act | Mar. 24/14 | by 2014 Bill 8, c. 4, section 113 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
University Foundations Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 195 (Schedule 1) only (in force by Reg 148/2013), Wills, Estates and Succession Act |
MOTOR VEHICLE & TRAFFIC | ||
Motor Vehicle and Traffic News: Negligent RCMP "Bait Car" Pursuit Results In today's case (Watkins v. Dormuth), the Defendant RCMP officer was responding to a bait car activation call. He proceeded North in the southbound lanes to get around traffic. At the same time the Plaintiff was making a left hand turn at an intersection. A t-bone collision occurred which resulted in serious injuries with profound consequences and were expected to have a permanent disabling effect on the Plaintiff. Damages of close to $1 million were assessed. The RCMP argued the Plaintiff was to blame for the collision. Mr. Justice Blok disagreed finding the RCMP were entirely at fault. Read the full article by Erik Magraken on his BC Injury Law Blog. CVSE Circulars/Notices
Source: CVSE BC Flaggers Still Looking for Fines to be Doubled "I am very excited about the meeting because this is contrary to what was said initially," said Tammy Sampson, cofounder of the BC Flagging Association and director of operations with BCRS Road Safe Inc. "At least, there is going to be a discussion and they are going to hear us out. We are excited that they are going to let us present a case to them." Minister of Transportation and Infrastructure Todd Stone has agreed to meet with Sampson, as well as representatives from the International Brotherhood of Electrical Workers and the City of Surrey in Victoria on April 2. Read the Journal of Commerce article. BC Tables Legislation on Transit Referendum A referendum was to be held in November, during municipal elections, but Transportation Minister Todd Stone says the vote can take place at another time if local governments can come up with a funding plan by June. Stone has also introduced a bill that would give local governments more control over the TransLink system's regional strategies and investment plans. Read the CTV article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Motor Fuel Tax Act | Mar. 24/14 | by 2014 Bill 8, c. 4, sections 30 to 35 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
Motor Vehicle Fees Regulation (334/91) | Mar. 1/14 | by Reg 260/2013 |
Apr. 1/14 | ||
Transportation Act | Mar. 25/14 | by 2014 Bill 6, c. 1, sections 16 to 19 only (in force by Reg 43/2014), Provincial Capital Commission Dissolution Act |
Apr. 1/14 | by 2014 Bill 8, c. 4, section 112 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 | |
PROPERTY & REAL ESTATE | ||
Property and Real Estate News: Real Estate Development Marketing Act Amendments League Assets Faces Potential $370-Million Insolvency He thought about putting in more, but decided to invest just $15,000 in one type of League-related shares that were lower risk, "to test them out." He and his wife kept the rest of their savings spread around. "It seemed really good at the time," Robison said. "The returns in the first few years were what they promised and what they said. There wasn't any issue for the first two to three years." But as League continued to project an image of success, its financial reports show mounting losses. Read the Vancouver Sun article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Interest Rate Regulation (45/2014) (replaces B.C. Reg. 200/2013) | Mar. 28/14 | see Reg 45/2014 |
Land (Spouse Protection) Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 226 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Land Tax Deferment Act | Mar. 24/14 | by 2014 Bill 8, c. 4, section 28 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
Land Title Act | Mar. 31/14 | by 2009 Bill 4, c. 13, sections 195 (Schedule 1) and 227 to 233 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Property Law Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 248.1 only (in force by Reg 148/2013), Wills, Estates and Succession Act, as amended by 2011 Bill 10, c. 6, Wills, Estates and Succession Amendment Act, 2011 (in force by Royal Assent) |
Property Transfer Tax Act | RETROACTIVE to Feb. 19/14 |
by 2014 Bill 8, c. 4, section 42 only (in force by Royal Assent), Budget Measures Implementation Act, 2014 |
Mar. 25/14 | by 2014 Bill 6, c. 1, section 13 only (in force by Reg 43/2014), Provincial Capital Commission Dissolution Act | |
Unclaimed Property Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 266 only (in force by Reg 208/2013), Wills, Estates and Succession Act |
WILLS & ESTATES | ||
Wills and Estates News: Wills, Estates and Successions Act – A New Regime for BC "The law of succession is among the most archaic areas of private law, and British Columbia legislation dealing with various aspects of succession is highly fragmented, spread throughout a forest of statutes." Wills, Estates and Succession, Those words were written nearly a decade ago and described, in brief, the complicated and confusing legal world of wills, estates and succession. The Report from which that quote comes recommended a wholesale overhaul of this area of the law. The BC Legislature, various interest groups and the legal community have been working on such a revision to this area of the law since. It [was] proclaimed into law on March 31, 2014 and is called the Wills, Estates and Succession Act, 2009 S.B.C. c. 13 ("WESA"). While this new legislation makes many changes and updates to this area of the law (far too many to cover in a short blog), it might be helpful as a start to highlight some of the significant features. So, here are ten things WESA does and does not do to change the law in BC. This article, written by Peter Roberts, appears on Lawson Lundell's Western Canada Business Litigation Blog. Passings of Accounts and the New Probate Rules – Paper Last Minute Amendments to the Wills, Estates and Succession Act The amendments include changes to the provision setting out when spousal relationships end for the purposes of the legislation. As I wrote before, when one person ceases to be a spouse, this affects his or her rights to inherit under the will of a former spouse, the right to apply to vary the will, and the right to receive a share of the estate if the former spouse dies without a will. Read full article by Stan Rule on his blog, Rule of Law. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Conflict of Laws Rules for Trusts Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 206 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Cremation, Interment and Funeral Services Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 211 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Escheat Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 214 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Estate Administration Act | REPEALED Mar. 31/14 |
by 2009 Bill 4, c. 13, section 191 (1) only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Estates of Missing Persons Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 215 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Power of Attorney Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 247 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Presumption of Death Act (formerly Survivorship and Presumption of Death Act) | Mar. 31/14 | by 2009 Bill 4, c. 13, sections 254 to 256 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Probate Fee Act | Mar. 31/14 | by 2009 Bill 4, c. 13, section 248 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Probate Recognition Act | REPEALED Mar. 31/14 |
by 2009 Bill 4, c. 13, section 192 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Public Guardian and Trustee Regulation (457/99) | Mar. 31/14 | by Reg 148/2013 |
Public Guardian and Trustee Fees Regulation (312/2000) | Mar. 31/14 | by Regs 148/2013 and 208/2013 |
Trustee Act | Mar. 31/14 | by 2009 Bill 4, c. 13, sections 257 (b), 258, 260, 263 (a), 265, 195 (Schedule 1) only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Wills Act | REPEALED Mar. 31/14 |
by 2009 Bill 4, c. 13, section 193 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
Wills, Estates and Succession Act | NEW Mar. 31/14 |
c. 13 [SBC 2009], 2009 Bill 4, sections 1, except the definitions of "declarant", "small estate", "small estate declaration", "representation grant" (e), 2 to 11, 13 to 16, 19 to 108 and 121 to 190 (in force by B.C. Reg. 148/2013), as amended by 2011 Bill 10, c. 6 (in force by Royal Assent), Wills, Estates and Succession Amendment Act, 2011 |
Apr. 1/14 | by 2009 Bill 4, c. 13, section 268 only (in force by Reg 42/2014), Wills, Estates and Succession Act, as amended by 2011 Bill 10, c. 6, section 56 (in force by Reg 148/2013) | |
Wills, Estates and Succession Regulation (148/2013) | NEW Mar. 31/14 |
see Reg 148/2013 |
Wills Notices Regulation (192/84) | REPEALED Mar. 31/14 |
by Reg 148/2013 |
Wills Variation Act | REPEALED Mar. 31/14 |
by 2009 Bill 4, c. 13, section 194 only (in force by Reg 148/2013), Wills, Estates and Succession Act |
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