Lexi AI Research – Early Access Update
Quickscribe has begun a small, controlled preview of Lexi
with a limited number of users while we complete additional testing and
refinements ahead of the broader Early Launch. We have been very
encouraged by the number of clients who have requested early access.
Those requests remain on file, and we will contact participants directly
as access is expanded.
Lexi will be an optional Quickscribe feature, with administrative and configuration options that allow each organization to determine how it is made available to its users. Before enabling Lexi more broadly, Quickscribe plans to contact clients individually to provide further information and help ensure the feature is configured appropriately for their organization. We appreciate your continued interest and patience as we complete this work, and we look forward to sharing more information soon.
New Annotations have been added to Quickscribe:
If you wish to be alerted when new annotations are published by our contributors, select My Alerts via the top navigation, then select the "View Expert Annotators". Here you can view and "follow" any contributor from the list.
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Exemptions to BC's Expanded PST on
Professional Services Announced
This update follows our March 23, 2026 blog post
on British Columbia's expansion of Provincial Sales Tax ("PST") to
certain new categories of professional services. On July 9, 2026, the
Province announced new exemptions relating to these services ("Exemptions"). The new rules, and exemptions, take effect on October 1, 2026.
The following Exemptions will apply to accounting services, architectural services, engineering services, and security services:
Read the full article by Elizabeth Egberts with Thorsteinssons LLP.
Changes to British Columbia's Business Practices and Consumer Protection Act
Take Effect August 1, 2026: What Businesses Need to Know
Businesses dealing with consumers in British
Columbia [are now required to] comply with significant new consumer
protection requirements in the province. On August 1, 2026, amendments
to BC's Business Practices and Consumer Protection Act
("BPCPA") [came] into force, introducing mandatory terms for most types
of consumer contracts, new rules for subscription agreements, and
stronger protections against high-pressure sales tactics, among other
things.
If your business involves consumer contracts, especially internet agreements, subscription-based agreements, fitness services agreements, or direct agreements made in consumers' homes, your contracts and procedures should be reviewed and updated before August 1, 2026. This article sets out the key changes and what they mean in practice. Read the full article by Alissa Ricioppo and Celeste Olson with Miller Thomson.
Canadian Securities Regulators Seek Input on Modernizing
the Regulation of Public Companies
The Canadian Securities Administrators (CSA) recently published Consultation Paper 51-406 – Modernizing the Regulation of Public Companies,
seeking stakeholder input on a broad range of potential reforms to the
regulation of reporting issuers in Canada. Rather than proposing
specific rule amendments, the Consultation Paper represents a
comprehensive review of whether key elements of Canada's public company
regulatory framework remain fit for purpose in today's capital markets
and seeks feedback on a number of potential modernization initiatives
described below. The comment period expires on November 13, 2026.
The CSA questions whether the current binary distinction between "venture issuers" and "non-venture issuers," which is primarily determined by exchange listing, continues to achieve its intended regulatory objective. According to the CSA, approximately 76 per cent of Canadian-listed issuers are currently classified as venture issuers, despite significant differences in size, maturity and complexity within that category. The Consultation Paper notes that some large, established issuers remain listed on venture exchanges, while other issuers lose venture issuer status solely as a result of obtaining secondary listings. Read the full article by Pierre-Olivier Valiquette and Bernard Maftei with Norton Rose Fulbright Canada LLP.
Tax Court Upholds Reassessment to Include $10.5k
Income from Return of Life Insurance Premiums
Canada's Tax Court has dismissed a
taxpayer's appeal against the minister of national revenue's
reassessment based on a finding that the income should have included
investment income of $10,529.20 from the return of life insurance
premiums.
The taxpayer – the appellant in Akhavan v. The King, 2026 TCC 135 – bought a Manulife term life insurance policy in 2003.
Upon maturity in 2023, in line with the policy terms, Manulife paid the taxpayer $10,529.20, representing the total of all monthly premiums he had paid over the policy's 20-year term. Read the full article by Bernise Carolino in the Canadian Lawyer.
CSA Finalizes New Rules for Principal Distributor
Model in Mutual Fund Distribution
The
CSA has finalized amendments to the "principal distributor" model that
limit dealers to acting as principal distributor for a single mutual
fund family, introduce new disclosure requirements, and prohibit
deferred sales charges through principal distributors.
Why it matters: These amendments affect fund managers, dealers, and distributors using principal distributor arrangements. Most changes take effect October 1, 2026, with transition periods of up to 24 months, and may require firms to review distribution structures, update disclosure documents, and align compensation practices with the new rules. Read the full article by Sean D. Sadler and Daanish Pasricha with McCarthy Tétrault.
Summer 2026 Canadian Draft Tax Legislation Release: Simplified Transfer
Pricing Documentation Regime, Hybrid Mismatch Rules and More
On
July 23, 2026, the Canadian federal government released draft
legislation to implement various tax measures, update certain previously
released draft legislation and make certain technical changes (July
2026 proposals).
The key measures included in the July 2026 proposals are simplified transfer pricing documentation requirements, first proposed in Budget 2025, and amendments to the second package of hybrid mismatch rules released in January 2026. The July 2026 proposals also amend the foreign accrual property income (FAPI) services rule for investment funds in subparagraph 95(2)(b)(i) previously recommended in a comfort letter from the Department of Finance. Read the full article by Kaitlin Gray, Amanda Heale, Patrick Marley and Ilana Ludwin with Osler.
CSA Propose to Codify Increased Limits for LIFE Offerings
The Canadian Securities Administrators ("CSA") have published for comment proposed amendments
(the "Proposed Amendments") to the listed issuer financing exemption
("LIFE" or the "Exemption"). The Proposed Amendments would codify
certain elements of Coordinated Blanket Order 45-935 Exemptions from Certain Conditions of the Listed Issuer Financing Exemption
(the "Blanket Order"), including an increase to the amount of funds
that can be raised under the Exemption, and streamline certain other
conditions and disclosure requirements. Comments are due by October 21,
2026. Read the full article from Stikeman Elliott LLP.
Updates to BC Sales Taxes
The following updates to sales taxes were recently posted:
Provincial sales tax (includes municipal and regional district tax)
Tobacco tax
For more information, visit the BC government website.
BC Securities – Policies & Instruments
The following policies and instruments were recently published on the BCSC website:
For more information, visit the BC Securities website.
| Act or Regulation Affected | Effective Date | Amendment Information |
| British Columbia Strategic Investments Regulation (148/2026) | NEW July 24/26 |
see Reg 148/2026 |
| Business Practices and Consumer Protection Act | Aug. 1/26 | by 2025 Bill 4, c. 3, sections 4 to 6, 7 (a), 8 to 19, 21 to 27, 36 and 40 only (in force by Reg 10/2026), Business Practices and Consumer Protection Amendment Act, 2025 |
| Business Practices and Consumer Protection Regulation (294/2004) | Aug. 1/26 | by Reg 10/2026 |
| Consumer Contracts Regulation (272/2004) | Aug. 1/26 | by Reg 10/2026 |
| Debt Collection and Repayment Regulation (295/2004) | Aug. 1/26 | by Reg 10/2026 |
| Designated Accommodation Area Tax Regulation (93/2013) | July 10/26 | by Reg 120/2026 |
| Financial Institutions Act | July 1/26 | by 2019 Bill 37, c. 39, sections 15, 20 to 23 and 79 (f) only (in force by Reg 117/2025), Financial Institutions Amendment Act, 2019 |
| Home Inspector Licensing Regulation (12/2009) | Aug. 1/26 | by Reg 10/2026 |
| Investment and Lending Regulation (330/90) | July 1/26 | by Reg 117/2025 |
| Natural Gas Tax Credit Regulation (145/2019) | RETRO to June 1/25 |
by Reg 118/2026 |
| Provincial Sales Tax Exemption and Refund Regulation (97/2013) | RETRO to Feb. 18/26 |
by Reg 112/2026 |
Data Centre Regulation in British Columbia –
Competing for a Limited Supply
British Columbia recently introduced
legislative amendments that will restrict the electrical capacity
available for new data centre projects within the Province. As of Feb.
1, 2026, the allocation of new electrical capacity for data centre
purposes in British Columbia is subject to system-wide aggregate limits
that are allocated under a competitive process administered by the
British Columbia Hydro and Power Authority (BC Hydro).
As outlined below, these limits are both quantitative and structural in nature. For the two-year period starting Feb. 1, 2026, BC Hydro is restricted to making available a total of 100 MW of new electricity capacity for conventional data centre purposes and 300 MW of new electricity capacity (plus any unused capacity from the conventional data centre limit) for AI data centre purposes. Further, no single project can be allocated more than 145 MW of capacity. Read the full article by Rick Williams, Braeden Stang, and Jennifer Archer with Borden Ladner Gervais LLP.
Ottawa, Alberta and British Columbia Chart a Path
Forward for a New West Coast Oil Pipeline
On July 2, 2026, the Canadian federal
government, along with the provincial governments in Alberta and British
Columbia, announced a coordinated package of agreements intended to
collectively further a number of initiatives tied, directly or
indirectly, to the advancement of a new oil pipeline from Alberta to the
south coast of British Columbia (the "Proposal"). Taken together, these
announcements – building on the November 2025 Canada-Alberta Memorandum
of Understanding ("MOU") discussed in an earlier post,
as well as on the Implementation Agreement of May 15, 2026 (the
"Implementation Agreement") – represent one of the most significant
developments in Canadian energy infrastructure policy since completion
of the Trans Mountain Expansion Project in 2024.
This post summarizes the key elements of the announcements, the key development conditions attached to a federal approval, and how the pipeline proposal is linked to the Pathways Alliance carbon capture project and the new federal-provincial funding arrangements with the government of British Columbia. Read the full article by Keith R. Chatwin and Kurtis Reed with Stikeman Elliott LLP.
Critical Minerals: A Joint Strategy for
Western and Northern Canada
On June 25, 2026, British Columbia, Alberta,
Saskatchewan, Manitoba, Yukon, the Northwest Territories and Nunavut
released Stronger Together: A Critical Minerals Strategy for Western and Northern Canada
(the Strategy). Through the Strategy, the seven provinces and
territories seek to accelerate the development of critical minerals
mining projects, enhance value-chain opportunities and make supply
chains more resilient. The ambition is to position Western and Northern
Canada, which recorded more than CA$80 billion in critical-mineral
shipments from 2020 to 2025, as a supplier of choice for responsibly
sourced critical minerals worldwide.
The Strategy delivers on a memorandum of understanding (MOU) signed by the seven provinces and territories on January 25, 2026. Under the MOU, the provinces and territories agreed to cooperate on three fronts: making Western Canada a global hub for critical minerals innovation and sustainable development, prioritizing regional critical mineral hubs, and planning the infrastructure investments required to expand extraction, processing and export capacity in the region. They also committed to considering and integrating Indigenous perspectives and input throughout the Strategy's development and implementation. Read the full article by Peter Bryan, Anoosh Loertscher and Naomi Jauvin with Dentons.
Berg Project Aims to Be B.C.'s Second-Largest Copper Producer
Surge Copper Corp. (TSX-V:SURG) says the
biggest advantage of its Berg copper-molybdenum development project is
its location, far from B.C.'s Golden Triangle.
Located about 120 kilometres south of Smithers, B.C., near the Huckleberry copper mine, the Berg deposit is in an historic copper mining region with nearby infrastructure, unlike projects in the northwest that require heavy investments in roads and power transmission.
Should it get built, it would be the second largest copper producer in Canada, behind Highland Valley copper, and one of the top 10 molybdenum producers in the world. Read the BIV article.
B.C. Government Approves Higher Mount Polley
Tailings Dam, 12 Years After Disaster
Ministers
in British Columbia have approved plans to increase the height of the
tailings storage facility at the Mount Polley copper and gold mine, the
site of a catastrophic dam collapse more than a decade ago.
The government says the height increase, which had been subject to a court challenge, is part of an expansion of the mine that will allow production to continue until 2033, protecting 430 jobs.
The plan, approved by Environment Minister Tamara Davidson and Mining Minister Jagrup Brar, will allow the mine to raise the height of the tailings storage facility by 13 metres, bringing the dam height to 77 metres. Read the BIV article.
Updates to Natural Resource Taxes
The following update to natural resource taxes was recently posted:
Royalty transition 2022 to 2026
For more information, visit the BC government website.
BC Energy Regulator Announcements
The following BC Energy Regulator announcements were posted recently:
Visit the BCER website for more information.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Coal Act Regulation (251/2004) | July 17/26 | by Reg 127/2026 |
| Direction No. 5 to the British Columbia Utilities Commission (245/2013) | July 24/26 | by Reg 147/2026 |
| Direction to the British Columbia Utilities Commission Respecting the Exemption of Independent Power Producers (123/2026) | NEW July 10/26 |
see Reg 123/2026 |
| Fuel Price Transparency Regulation (52/2020) | July 17/26 | by Reg 129/2026 |
| Renewable Energy Projects (Streamlined Permitting) Regulation (93/2025) | July 10/26 | by Reg 122/2026 |
When Will a Court Order Contact for a
Non-Guardian in British Columbia?
A recent British Columbia Supreme Court
decision provides important guidance for stepparents, former partners,
grandparents, and other non-guardians seeking contact with a child
following the breakdown of a family relationship.
In G.P.T.D. v. H.B.D., 2026 BCSC 1318, the Court reaffirmed that while non-guardians may apply for contact under British Columbia's Family Law Act, there is no automatic right to maintain a relationship with a child, regardless of how significant that relationship may have been. Instead, every application turns on one question: Is the proposed contact in the child's best interests? Read the full article by Jeannette Aucoin, Chantal Cattermole and Madison Czypinski with Cozen O'Connor.
Ahluwalia and BC Limitation Periods: What the New Tort of
Intimate Partner Violence Means for Historic Claims
The Supreme Court of Canada's decision in Ahluwalia v. Ahluwalia
significantly expands the legal framework governing family violence. In
recognizing a new tort of intimate partner violence, the Court
acknowledged that coercive control within intimate relationships may
create distinct legal harms not fully addressed by traditional tort
claims.
In our previous alert, Supreme Court of Canada Recognizes New Tort of Intimate Partner Violence in Landmark Family Violence Decision, the Court's recognition of the tort of intimate partner violence and the broader evolution of tort law in addressing family violence was examined.
However, the practical implications of the tort of intimate partner violence have yet to be clearly defined, including how provincial limitation periods apply. Read the full article by Oliver C. Hanson, Madison Czypinski and Chantal Cattermole with Cozen O'Connor.
Common-Law Status in BC: Does Cohabitation
Matter More Than Before?
For people in a relationship who are
unmarried, a lot can turn on whether those individuals are in a
"marriage-like relationship" (what is commonly referred to as
"common-law spouses"). If two or more people are "spouses", they may be
entitled to things like spousal support or division of property if the
relationship ends. They may also be entitled to challenge their spouse's
will if the spouse passes away.
Over the years, our courts have developed a robust framework to apply to the question of whether people in a relationship are spouses. The courts look at a long list of factors, one of which is co-residence or co-habitation. It may be surprising to many that the law in BC does not actually require that people live together in the same residence in order to be "spouses". While moving in with a partner is often viewed as a sign of commitment in a relationship, it isn't, necessarily, the beginning of the "marriage-like relationship". Read the full article by Alison Colpitts and Isaac Waller with Clark Wilson LLP.
Bringing More In-Person Legal Services to
Survivors of Family Violence
People experiencing family violence in
Prince George and Kamloops will soon be able to access free, in-person
family law services, expanding support that was available only
virtually.
"People experiencing family violence are often dealing with fear, uncertainty and urgent legal issues," said Niki Sharma, Attorney General. "Through the Family Law Centre, we are making it easier to access free legal support in person, closer to home, so people can find safety, stability and a path forward."
Family Law Centres are law clinics, funded by the Province and delivered by Legal Aid BC, that offer free, trauma-informed services to survivors of family violence who cannot afford legal representation. Read the BC government news release.
| Act or Regulation Affected | Effective Date | Amendment Information |
| There were no amendments this month. | ||
Ministerial Approval and the Duty to Accommodate
Section 54(2)(a) of British Columbia's Forest Act
provides that any transfer of a forest tenure issued under the Act is
"without effect" if the transfer does not first receive the approval of
the Minister of Forests. While there are many issues related to
competition and the public interest that will factor into a minister's
decision whether to approve any particular tenure transfer, an important
part of the process involves the Crown's constitutional obligation of
consultation and accommodation owed to First Nations whose
constitutionally protected Aboriginal rights are potentially affected by
a proposed tenure transfer.
Since the Supreme Court of Canada's 2004 decision in Haida Nation v. British Columbia (Ministry of Forests), there is no debate whether a decision to approve a tenure transfer attracts the Crown's obligation of consultation and accommodation. While the existence of the duty is no longer seriously disputed, the content of the duty in particular circumstances is a more difficult question given it will vary based upon a potentially affected First Nation's strength of claim and the impact of a transfer approval on the rights of the nation. Read the full article by Jeff Waatainen in the BC Forest Professional.
Back to 'Reasons First': FCA Reinforces Vavilov in Canadian
Nuclear Laboratories Ltd. v Canada (Attorney General)
The Federal Court of Appeal's recent decision in Canadian Nuclear Laboratories Ltd. v Canada (Attorney General), 2026 FCA 106, reinforces the 'reasons first' approach to reasonableness review as articulated by the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 (Vavilov).
The Federal Court of Appeal dismissed an appeal from a decision overturning the Minister of Environment and Climate Change Canada's issuance of a permit under the Species at Risk Act, SC 2002, c 29.
While both the Federal Court and the Federal Court of Appeal found the Minister's decision unreasonable, the Federal Court of Appeal reached that conclusion by focusing on the adequacy of the Minister's reasons, and found that the Federal Court had wrongly focused on the substantive merits of the decision. Read the full article by Richard Lizius and Kasia Wodz with McCarthy Tétrault.
B.C. EPR Requirements Expanding to
Automotive Products and Canisters
British Columbia is preparing to expand its
extended producer responsibility requirements for hazardous and special
products. According to Gowling WLG's latest national product stewardship
update, Product Care Recycling
was required to submit an amended Household Hazardous Waste Plan by
June 30, 2026, incorporating newly designated products in the automotive
and canister categories. The new regulatory requirements are scheduled
to take effect on February 1, 2027, for automotive products, followed by April 1, 2027, for canisters.
The B.C. changes form part of a broader expansion and refinement of EPR programs across Canada, affecting packaging and printed paper, batteries, electronics, beverage containers, lighting products and hazardous materials. Businesses operating in multiple provinces may wish to review Gowling WLG's full article, "Canadian product stewardship and EPR: 2026 summer update" for a concise overview of recent developments, implementation dates and emerging compliance obligations across the country.
Wildfire Liability in British Columbia: Legal Exposure,
Cost Recovery, and Emerging Litigation Trends
Within the last five years, Canada has
experienced two of its worst wildfire seasons on record. Over the last
three years, wildfires have burned roughly 31 million hectares of land –
a staggering total that exceeds the area burned during each of the
three preceding decades – and underscores the accelerating scale of
wildfire risk across the country. On the heels of these record-setting
seasons, the 2026 wildfire season is already showing signs of a similar
pattern: wildfires have triggered numerous evacuation orders, and warmer
and drier-than-normal conditions are forecast for the months ahead.
Wildfires have not only destroyed vast forest resources, but have caused catastrophic property damage, including the loss of the Village of Lytton in 2021, the destruction of a substantial portion of the town of Jasper in 2024, and widespread destruction in Fort McMurray in 2016. The impacts have also extended far beyond the burned areas. In recent seasons, smoke from Canadian wildfires has drifted across central and eastern Canada and into the United States, leading to hazardous air quality, reduced visibility, and public health advisories in major cities including Toronto, Ottawa, and Montreal. Read the full article by Scott Harcus and Frances Miltimore with Alexander Holburn Beaudin + Lang LLP.
New Provincial Guidance for Considering Cumulative Effects
The
Government of British Columbia has released new guidance materials
under the Cumulative Effects Framework (CEF) to support the
consideration of cumulative effects in applications for land and
resource use activities, where required by regulating agencies.
These materials are intended to support Qualified Environmental Professionals (QEPs), including Forest Professionals of BC (FPBC) registrants, who are involved in the planning, assessment, and preparation of applications for natural resource projects across BC. Read the full article by Melissa Lucchetta in the BC Forest Professional.
Environmental Appeal Board Decisions
The following Environmental Appeal Board decisions were made recently:
Integrated Pest Management Act
Visit the Environmental Appeal Board website for more information.
Forest Appeals Commission Decisions
The following Forest Appeals Commission decision was made recently:
Forest and Range Practices Act
Visit the Forest Appeals Commission website for more information.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Administrative Penalties (Environmental Management Act) Regulation (133/2014) | Aug. 1/26 | by Reg 171/2025 |
| BC Timber Sales Regulation (381/2008) | July 13/26 | by Reg 124/2026 |
| Closed Areas Regulation (76/84) | July 1/26 | by Reg 97/2026 |
| Code of Practice for Agricultural Environment Management (8/2019) | July 15/26 | by Reg 8/2019 |
| Contaminated Sites Regulation (375/96) | July 1/26 | by Reg 102/2026 |
| Designation and Exemption Regulation (168/90) | July 1/26 | by Reg 97/2026 |
| Environmental Data Quality Assurance Regulation (301/90) | July 20/26 | by Reg 138/2026 |
| Greenhouse Gas Reduction (Clean Energy) Regulation (102/2012) | July 24/26 | by Reg 145/2026 |
| Hazardous Waste Regulation (63/88) | July 1/26 | by Reg 101/2026 |
| Hunting Regulation (190/84) | July 1/26 | by Reg 97/2026 |
| Limited Entry Hunting Regulation (134/93) | July 1/26 | by Reg 97/2026 |
| Motor Vehicle Prohibition Regulation (18/2024) | July 1/26 | by Reg 97/2026 |
| Required Consent (Simpcw First Nation – Reviewable Mine Projects) Regulation (133/2026) | NEW July 20/26 |
see Reg 133/2026 |
| Sustainable Environment Fund Regulation (100/2026) | NEW July 1/26 |
see Reg 100/2026 |
| Sustainable Environment Fund Revenue Regulation (142/2011) | REPEALED July 1/26 |
by Reg 100/2026 |
| University Endowment Land Act | July 16/26 | by 2026 Bill 16, c. 15, sections 17 to 21, 23 and 24 only (in force by Reg 131/2026), Miscellaneous Statutes Amendment Act, 2026 |
| University Endowment Land Bylaw Enforcement Ticket Regulation (131/2026) | NEW July 17/26 |
see Reg 131/2026 |
| Wildlife Act Commercial Activities Regulation (338/82) | July 1/26 | by Reg 97/2026 |
| Wildlife Act General Regulation (340/82) | July 1/26 | by Reg 97/2026 |
| Wildlife Management Areas Regulation (12/2015) | July 9/26 | by Reg 115/2026 |
Significant Charter Win for the Council of
Canadians with Disabilities
McCarthy Tétrault represented the Council of Canadians with Disabilities ("CCD") in a successful Charter challenge to the involuntary treatment regime under British Columbia's Mental Health Act. The Supreme Court of British Columbia [in 2026 BCSC 1416] held that the regime established by the Mental Health Act
was unconstitutional – a significant victory for persons living with
mental disabilities in British Columbia and confirmation of the
Charter's strong protection for healthcare decision-making autonomy.
Under the Mental Health Act and related legislation, individuals involuntarily detained for treatment lack the health care consent rights enjoyed by all other British Columbians. Involuntary patients do not have the right to give, refuse, or revoke consent to psychiatric treatment – even if they are capable of making treatment decisions while detained (as some are). Further, involuntary patients cannot appoint a representative or rely on a family member or friend to serve as a substitute decision-maker: the power to administer treatment rests with the director of the facility detaining the person. No other province or territory has a regime for involuntary treatment that limits health care consent rights as much as the Mental Health Act and related legislation.
CCD challenged British Columbia's involuntary treatment regime under s. 7 (the right to life, liberty, and security of the person) and s. 15 (the right to equality) of the Charter. The trial lasted 34 days and involved dozens of witnesses, including experts from around the world, health care practitioners, and patients and their family members. Read the full article by Patrick Williams, Connor Bildfell, Tanner Lorenson and Kyra McGovern with McCarthy Tétrault.
Supreme Court of Canada Upholds Validity of Dosage Regimen Patent While Maintaining
Status Quo That Methods of Medical Treatment Are Unpatentable Subject Matter
The Supreme Court of Canada (SCC) released its much-anticipated decision in Pharmascience Inc. v. Janssen Inc., 2026 SCC 26,
addressing the patentability of methods of medical treatment (MMT). In
particular, the court was asked to determine whether claims to a dosage
regimen in a Janssen patent were patentable subject matter. In a
158-page decision, the SCC affirmed the Federal Court of Appeal's (FCA)
decision that the dosage regimen claims were not MMT and therefore
patentable subject matter. Lengthy concurring minority reasons supported
the outcome but found that MMT are not inherently unpatentable.
Janssen markets INVEGA SUSTENNA® (paliperidone palmitate) for the treatment of schizophrenia and related disorders. Janssen's Canadian Patent No. 2,655,335 (335 Patent) teaches a dosing regimen. Patients are to receive a first and second loading dose followed by maintenance doses at specific concentrations on specific days. Read the full article by Pardeep Heir, Kristin E. Wall and Orestes Pasparakis with Norton Rose Fulbright Canada LLP.
Minister's Statement About New Licensing Bylaws Approved
by College of Physicians and Surgeons of BC
Josie Osborne, Minister of Health, has
released the following statement about new licensing bylaws approved by
the College of Physicians and Surgeons of British Columbia for
internationally trained physicians:
"To meet the growing health-care needs of people across the province, we are continuing to take action to strengthen health care and connect more patients with the care they need. This means training more doctors here, recruiting experienced physicians from elsewhere and removing unnecessary barriers that can keep qualified professionals from getting to work.
"Starting Monday, July 6, 2026, bylaw changes by the College of Physicians and Surgeons of BC come into effect. The changes will allow more internationally trained physicians to apply directly for a full licence to practise in B.C., rather than first having to work under a provisional licence. This will reduce paperwork, make the process easier to navigate and help qualified physicians begin practising independently sooner." Read the BC government news release.
Health Canada's New Draft Guidance on Foreign
Regulatory Reliance for Certain Drugs
On July 15, 2026, Health Canada's Ministerial
Reliance Order Providing for Reliance on Decisions of, or Documents
produced by, Foreign Regulatory Authorities in Respect of Certain Drugs
("MRO") came into force, marking a significant shift in the way certain
drug submissions may be reviewed in Canada. On the dame day, Health
Canada published a new draft guidance
that provides the first detailed explanation of how the framework will
operate in practice. A 60-day public consultation period, during which
Health Canada is seeking feedback from industry stakeholders, is open until September 12, 2026.
Under the MRO, Health Canada may, in certain circumstances, rely on decisions or review documents produced by specified foreign regulatory authorities ("FRAs") when reviewing eligible human and veterinary drug submissions. While Health Canada retains full authority for Canadian approval decisions, the framework introduces a mechanism through which portions of the review process can be deemed to have already been satisfied based on work performed by trusted international regulators. Read the full article by Robert Quesnel, Mathieu Gagné, Jean-Raphaël Champagne, Dara Jospé, Lina Bensaidane, Justine Letellier and Raphaëlle Nadon with Fasken.
| Act or Regulation Affected | Effective Date | Amendment Information |
| There were no amendments this month. | ||
Employment Standards Act and Temporary Foreign
Worker Protection Act Changes in Force
The Labour Statutes Amendment Act, 2026 came into force on August 1, 2026, by B.C. Reg. 141/2026, amending the Employment Standards Act and Temporary Foreign Worker Protection Act.
The amendments aim to improve the efficiency of the complaint and
dispute resolution process for employers and workers by resolving
complaints on straightforward issues more quickly and by helping workers
recover unpaid wages sooner.
The amendments will allow the Employment Standards Branch to return unclaimed wages to workers more quickly through Unclaimed BC, a provincial fund that holds money for rightful owners. Employers may appeal a decision but must deposit the full amount owed before an appeal can proceed. Additionally, the director of employment standards will be granted the ability to close a complaint when no wages are owed and decide when a written report is necessary.
Other changes require employers and workers to attend complaint resolution meetings for straightforward matters to encourage earlier communication between the parties, before a full investigation is launched. According to the government, these amendments will align BC practices with other Canadian jurisdictions.
Worker Classification to After-Acquired Cause: Key Employment
Law Lessons from Salina v. Investors Group
In Salina v. Investors Group Financial Services Inc., 2026 BCSC 1168,
the Supreme Court of British Columbia considered the termination of a
long-serving investment advisor whose relationship with the defendant
spanned almost three decades. The decision provides helpful guidance on
worker classification, termination clauses, just cause, after-acquired
cause, and the enforceability of post-contract obligations.
The advisor worked with the defendant and its predecessor from 1991 until termination of the relationship in 2018. At the time the relationship ended, the advisor managed approximately $92.5 million in client assets and serviced roughly 500 clients.
On May 23, 2018, he attended what he believed would be a congratulatory breakfast meeting with a senior executive, only to be handed a termination letter.
The defendant terminated the advisor's contract for cause, alleging that he was "unsupervisable." The advisor subsequently commenced a wrongful dismissal action, while the defendant advanced a counterclaim alleging breaches of his non-solicitation and confidentiality obligations following his departure. Read the full article by Tanner Lorenson with McCarthy Tétrault.
The Equal Pay Countdown: Preparing for the
Canada Labour Code's New Wage Rules
Federally regulated employers have a new
compliance deadline on the horizon. New equal pay provisions under the Canada Labour Code
(CLC) come into force on October 20, 2026, establishing a statutory
framework that requires equal pay for substantially similar work,
regardless of an employee's employment status.
For employers with a mix of full-time, part-time, temporary and agency workers, this is more than a paperwork exercise. It requires a real look at how pay decisions are made and documented. Here is what employers need to know, and what they should be doing now to get ready. Read the full article by Andrew Bratt with Gowling WLG.
BC Supreme Court Finds Insurance Brokerage Wrongfully
Dismissed Employee Who Was Stalked for Years
The British Columbia Supreme Court ruled
that an insurance brokerage company wrongfully terminated an insurance
producer who developed post-traumatic stress disorder (PTSD) and major
depressive disorder after a representative of one of her clients stalked
and harassed her for years.
In 2014, the plaintiff in Hedrick v Johnston Meier Insurance Agencies Ltd., 2026 BCSC 1250, began working as an insurance producer at the defendant insurance brokerage.
Shortly after the stalking began, the employee informed her manager about the situation, which they addressed through office safeguards. However, by summer 2021, the stalking had become more frequent and intense. Read the full article by Bernise Carolino in the Canadian Lawyer.
Bank of Canada Ordered to Stop Using Replacement
Workers During Strike – Again
The Bank of Canada has been ordered for the
second time this month to stop using contract workers to replace
striking security officers, after the Canada Industrial Relations Board
found the central bank had again contravened the Canada Labour Code.
The board found that the bank had used contractors from Pinkerton Consulting & Investigations during the ongoing strike by its security officers, the Canadian Press reported.
An earlier ruling earlier in July found the bank had similarly relied on contractors from Garda Canada Security Corporation, as well as the services of union members, in violation of the code. Read the full article by Louise Smith in the Canadian HRReporter.
Cressey Construction Corporation v. Parolin: BC Court of Appeal Provides
Guidance on Remote Work and Constructive Dismissal
In Cressey Construction Corporation v. Parolin,
the British Columbia Court of Appeal ("the Court of Appeal") upheld the
British Columbia Supreme Court's ("Supreme Court") decision that the
employer constructively dismissed the employee when the company ordered
her to return to the office full-time without providing her with
reasonable notice. The Court of Appeal held that the remote work
arrangement constituted an enforceable express oral term of the
employee's agreement with the employer. The Court of Appeal dismissed
the employer's appeal.
In this case, the employee worked for the employer for approximately 18 years. For the last five years of the employment relationship, the employee was the employer's Director of Marketing. The employee's employment contract's terms were primarily oral except for a written job description of the Director of Marketing's roles and responsibilities. Following the employee's return from maternity leave, the employee's request for a flexible work schedule was approved by the employer. Read the full article by Tiffany Lee with Pushor Mitchell LLP.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Employment and Assistance Regulation (263/2002) | July 1/26 | by Reg 108/2026 |
| Aug. 1/26 | ||
| Employment and Assistance for Persons with Disabilities Regulation (265/2002) | July 1/26 | by Reg 108/2026 |
| July 13/26 | by Reg 107/2026 | |
| Aug. 1/26 | by Reg 108/2026 | |
| Employment Standards Act | Aug. 1/26 | by 2026 Bill 10, c. 10, sections 1 to 15 only (in force by Reg 141/2026), Labour Statutes Amendment Act, 2026 |
| Employment Standards Regulation (396/95) | Aug. 1/26 | by Reg 141/2026 |
| Health Care Employers Regulation (427/94) | July 10/26 | by Reg 121/2026 |
| Minister's Skilled Trades BC Regulation (256/2022) | July 6/26 | by Reg 111/2026 |
| Skilled Trades BC Regulation (252/2022) | July 6/26 | by Reg 110/2026 |
| Social Services Employers Regulation (84/2003) | July 10/26 | by Reg 121/2026 |
| Temporary Foreign Worker Protection Act | Aug. 1/26 | by 2026 Bill 10, c. 10, sections 16 to 18 only (in force by Reg 141/2026), Labour Statutes Amendment Act, 2026 |
A Recent Decision on Liability for Unsafe Crosswalks
On
January 27, 2026, the BC Supreme Court released its judgment in H.D. v. North Vancouver (District), 2026 BCSC 124, which considered a local
government's duty to construct and maintain crosswalks in a non-negligent manner such that their users are safe from an unreasonable
risk of harm. The events giving rise to this case occurred on
June 12, 2015. That morning, the seven-year-old plaintiff was walking to school when she was struck by a van while crossing a crosswalk,
resulting in a life-altering traumatic brain injury. The plaintiff subsequently sued the District of North Vancouver (the District),
alleging that it had been negligent in maintaining the crosswalk. The issues at trial were (a) how liability for the accident should be
apportioned as between the District, the driver, and the plaintiff, and (b) the amount of damages to which the plaintiff was entitled. Read the full article by Piers Fibiger, published in the Young Anderson Barristers & Solicitors Newsletter Volume 37, Number 2 – LGMA Conference Issue.
Lessons from Lougheed: Staff Interactions with Development
Variance Permit Applicants Need to Be Disclosed to Council
In
the recent decision of Lougheed v Sechelt (District), 2026 BCSC 1219,
the BC Supreme Court found that District staff's failure to provide
Council with complete information regarding staff's engagement with the
applicant rendered a Council decision to deny the applicant's
Development Variance Permit ("DVP") unreasonable because it was based on
incomplete factual assumptions. This decision is a reminder that,
even though the courts grant a high degree of deference to elected
bodies, a municipal council decision may still be set aside where it was
based on an incomplete or inaccurate record. Read the full article by Thomas Haughian and Kiyara Armogam with Stewart McDannold Stuart.
Where the Rubber Meets the Law: Road Dedication Agreements
When
a local government seeks to acquire a piece of privately owned land for
highway purposes, we frequently see that accomplished through a 'road
dedication agreement' in which the private owner agrees to dedicate a
portion of their land shown on a survey plan for highway purposes
pursuant to section 107 of the Land Title Act. The Community
Charter broadly defines highway to include a street, road, lane, bridge,
viaduct and any other way open to public use, other than a private
right of way on private property. Section 107 of the Land Title Act provides that the deposit [in the land title office] of a subdivision,
reference or explanatory plan showing a portion of the land as highway
operates as an immediate and conclusive dedication by the owner to the
public of that portion of land shown as a highway. Read the full article by Jacob Lewin, published in the Young Anderson Barristers & Solicitors Newsletter Volume 37, Number 2 – LGMA Conference Issue.
Privilege and Reprisal Clauses: Tipping the Balance
This
article explores how local governments exercise broad discretion in
awarding construction contracts through "privilege clauses", including
related "reprisal clauses". "Tendering" is the process by which a
person (an "Owner"), who intends to enter into an agreement relating to
their land with another person (a "Contractor"), solicits binding
offers. In Canada, tendering is governed by two contracts: Contract A
and Contract B. "Contract A" arises when a bidder submits a bid to an
Owner. Once it is submitted, the bid and the rules that help the Owner
determine its potential selection are governed by the terms, conditions,
and instructions specified by the Owner when they began soliciting
bids. These specifications are usually published simultaneously with the
announcement that the Owner is seeking to find a Contractor for a
project. "Contract B" on the other hand is a formal agreement entered
into by an Owner and a Contractor when a bid, which is subject to
Contract A, is selected. Customarily, Owners were expected to select the
lowest cost bid when awarding Contract B. Read the full article by Peter Mate with Civic Legal LLP.
Groups Ask BC to Help Those in Custody
Vote in this Year's Local Elections
The
BC Civil Liberties Association (BCCLA), the Union of BC Indian Chiefs
(UBCIC), and Prisoners' Legal Services have asked the British Columbia
government to ensure that eligible voters confined in provincial
correctional centres can participate in BC's Oct. 17 general local
elections. "The Province must ensure eligible voters in custody
can obtain information, establish their eligibility, and cast a private
and valid ballot," said Meghan McDermott, BCCLA policy director, in a
press release. "Consistent provincial leadership is necessary to protect
equality, democratic participation and respect for the rule of law." In their recent joint letter, the organizations specifically sought:
Read the full article by Bernise Carolino with Canadian Lawyer.
Fisheries Act Authorization Changes to
Take Effect in October
Fisheries
and Oceans Canada (DFO) has announced amendments to the Authorizations
Concerning Fish and Fish Habitat Protection Regulations that will take
effect on October 15, 2026. Local governments with public works projects
that may require Fisheries Act approvals should review these changes. These
regulatory changes are intended to simplify and streamline the
authorization process for projects that may affect fish and fish
habitat, while maintaining environmental protections. This is relevant
to local governments undertaking infrastructure, drainage, flood
mitigation, water, transportation, and other public works projects that
may require Fisheries Act approvals. Read the UBCM article.
Province Seeks Input on Food Processing in ALR
The
Province is seeking feedback on a proposal that could expand food
processing activity within British Columbia's Agricultural Land Reserve
(ALR). The Ministry of Agriculture and Food has released a discussion
paper proposing a new "5% rule" that would allow certain food processing
facilities to be developed on lower-capability ALR lands without
Agricultural Land Commission approval, provided at least five percent of
the product being processed is grown or raised in BC. Read the UBCM article.
| Act or Regulation Affected | Effective Date | Amendment Information |
| School Calendar Regulation (314/2012) | July 1/26 | by Reg 109/2026 |
Major Procedural Changes Coming to
BC Supreme Court Chambers Applications
One of the most common ways of appearing before a court in British Columbia is undergoing a significant change. Applications
are the method by which most court attendances are addressed other than
trials. Effective October 1, 2026, the procedure for bringing
applications will change fundamentally. On June 26, 2026, the
Lieutenant Governor in Council approved an amendment to the Supreme
Court Civil Rules ("SCCR"), the Supreme Court Family Rules ("SCFR") and
the Tax Appeals Regulation to change how applications will be brought
before the court. Read the full article by Nicole Sapieha with Gowling WLG.
Criminal Code Changes Now in Force
Major changes to the Criminal Code by Bills C-9, the Combatting Hate Act, C-14, the Bail and Sentencing Reform Act, C-16, the Protecting Victims Act, and C-225, An Act to amend the Criminal Code,
received Royal Assent in June. Quickscribe published an early
consolidation of these changes, all of which came into force from July
15 to 18. The amendments strengthen bail rules for repeat and violent
offenders, add tougher sentences for specific crimes, such as violent
auto theft, break and enter and extortion, criminalize new public safety
threats, and bolster protections for victims of gender-based and sexual
violence.
BC's Crown Counsel Policy Manual Updated to
Reflect Criminal Code Reforms
The
British Columbia Prosecution Service (BCPS) has updated its Crown
Counsel Policy Manual to reflect Criminal Code amendments coming into
force this week: the Bail and Sentencing Reform Act (Bill C-14) on July
15, and the Protecting Victims Act (Bill C-16) and the Combatting Hate
Act (Bill C-9) on July 18. "Our government worked closely with
Ottawa to secure many of these federal reforms, which strengthen public
safety, enhance protections for victims and help hold repeat offenders
accountable," said Niki Sharma, BC attorney general, in a statement. Read the full article by Bernise Carolino with Canadian Lawyer.
'The Arc of History Bends toward Judicial Review'
The
Supreme Court of Canada has ruled that the section of the Conflict of
Interest Act that bars judicial review of the ethics commissioner's
decisions is unconstitutional. The unanimous decision paves the
way for a challenge of a commissioner's report on Justin Trudeau's
involvement in decisions about funding for the WE Charity. The
privative clause, set out in section 66 of the act, barred review of
former ethics commissioner Mario Dion's conclusion that Trudeau, who was
prime minister at the time, did not breach the act. It states that
decisions and orders "shall not be questioned or reviewed in any court"
except under limited grounds set out in the Federal Courts Act. Read the full article by Dale Smith with CBA National.
Fuel Disruption: Can Rising Fuel Prices Constitute Force
Majeure in Canadian Infrastructure Contracts?
This
is the second article in a series exploring the current energy shock
and its implications for infrastructure projects. For additional
context, we invite you to read "Fuel shortages and price uncertainty:
What past oil shocks can teach us about infrastructure contracts
today?", which provides a historical perspective on previous energy
shocks and their impact on infrastructure projects. Considering
that some major oil and gas producers such as Kuwait, Iraq, Bahrain and
Qatar have over the past few months declared a force majeure event, this
article addresses the following question from a Canadian legal
perspective: Could fuel shortages or fuel price increases allow
stakeholders in major infrastructure projects to invoke force majeure
clauses? For context, the Executive Director of the International
Energy Agency (IEA), Fatih Birol, indicated on April 23, 2026, that the
current energy crisis arising from the closure of the Strait of Hormuz
is "the greatest threat to global energy security in history." Read the full article by Nicolas Cayouette, Adriana Da Silva Bellini, Daniel Jordan and Daniel Curevici with Gowling WLG.
Potential New Restriction to Claims for False or Misleading
Statements under Section 7(a) of the Trademarks Act
Section
7(a) of the Trademarks Act precludes anyone from making a false or
misleading statement tending to discredit the business, goods or
services of a competitor. Previously, section 7(a) has provided a
recourse for companies that had been harmed by allegations of
intellectual property infringement made by their competitors that turned
out to be false. This right of recourse also helped provide guardrails
for cease-and-desist letters or accusations of intellectual property
infringement that had not been adjudicated by the Courts. In the
Federal Court's recent decision in Zoe International Distributing Inc.
v. Smoke Arsenal Inc., 2026 FC 792 [Zoe International] the court's
comments suggest a potential refinement in cases to which a section 7(a)
claim could be made. This, in turn, may have an impact on the ability
to rely on section 7(a) to seek remedy where a company has been harmed
by false infringement accusations made by a competitor. Read the full article by Frédéric Lussier with Gowling WLG.
Digital Safety Act Seen as Unconstitutional, Unworkable
Introduced
in June, the Digital Safety Act aims to reduce online harms,
particularly for children, and impose a duty of responsibility on social
media platforms. However, observers say it's a blank cheque for the
federal government to regulate. While Bill C-34 would create a new
Digital Safety Commission to oversee much of the regulation of online
spaces, its intention to ban youth under 16 from using social media
platforms unless the sites can demonstrate a child-safe environment has
drawn most of the attention. This ban would extend to AI chatbots, which
are under scrutiny following their alleged role in the Tumbler Ridge
shooting in British Columbia earlier this year. Read the full article by Dale Smith with CBA National.
Addressing Cumulative Impacts and
Protecting Rights – the Path Forward
The
Province of British Columbia has signed agreements with seven Treaty
No. 8 First Nations to fund ecological restoration projects in their
territories (the "Restoration Agreements"). The Restoration Agreements
provide a total of $283 million of funding over ten years to support
projects that will restore and enhance the ecosystem and cultures of the
Treaty No. 8 First Nations, including wetland and fish habitat
restoration, species-at-risk recovery, restoration of historic
industrial sites (where no legal obligations exist), promotion of
cultural land-management practices and language revitalization. The
Restoration Agreements follow the court decision in Yahey v. British
Columbia, 2021 BCSC 1287. In Yahey, the Supreme Court of British
Columbia found that in causing and/or permitting the cumulative impacts
of industrial development on Blueberry River First Nations' ("BRFN")
treaty rights, the Province of British Columbia had breached its
obligation to BRFN under Treaty No. 8 and unjustifiably infringed BRFN's
rights under Treaty No. 8. Cumulative impacts refer to the combined
effects that multiple industrial projects have as a whole, rather than
just considering project effects one-by-one. The Court found that the
cumulative impacts of the industrial development had meaningfully
diminished the ability of Blueberry members to exercise their rights to
hunt, fish and trap in their territory as part of their way of life.
Further, the Court found that the Province's mechanisms for assessing
and taking into account cumulative effects were lacking and contributed
to the breach of its obligations under Treaty No. 8. This is a
groundbreaking decision, which affirmed that the promises in Treaty No. 8
must be respected by the Crown. Read the full article by Michelle Bradley, Jack Jones and Nick Noble with
Woodward & Company LLP.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Advertising Sponsor Disclosure Report Regulation (140/2026) | NEW July 21/26 |
see Reg 140/2026 |
| Advertising Sponsor Disclosure Report Regulation (8/2001) | REPEALED July 21/26 |
by Reg 140/2026 |
| Ballot Form Regulation (66/2022) | July 21/26 | by Reg 139/2026 |
| Legislative Precinct Regulation (274/2002) | July 17/26 | by Reg 130/2026 |
| Police Act | July 17/26 | by 2025 Bill 10, c. 16, sections 12 to 20 only (in force by Reg 125/2026), Attorney General Statutes Amendment Act, 2025 |
Ottawa Launches Two Rail Safety Funding
Calls for Crossings and Corridors
Transport
Canada has opened two calls for proposals under its Rail Safety
Improvement Program, seeking applications from municipalities, road
authorities, Indigenous groups and other organizations for projects to
reduce injuries and fatalities at railway crossings and along rail
corridors. Minister of Transport and Leader of the
Government in the House of Commons Steven MacKinnon announced the
intakes, opening the Education and Awareness stream and the
Infrastructure, Technology and Research stream. Transport Canada said
the funding is meant to help "protect communities and prevent injuries
and fatalities." Read the full article published by Canadian Occupational Safety.
Input Opportunity for Road Safety Strategy
In
June, local government staff and elected officials were invited to
attend provincial virtual engagement sessions to discuss the draft of
the next B.C. Road Safety Strategy, along with its first action plan.
Over 100 representatives from 51 local governments and other
organizations attended these sessions. Those that did not attend, and
that still wish to provide input, may do so until August 31, 2026. Webinars
presented an opportunity for local government attendees to offer their
input on how the B.C. Road Safety Strategy could be adjusted to better
reflect the road safety needs of communities throughout B.C. Many
participants indicated that they would like to see increased
collaboration and transparency between the Province and local
governments. The importance of having a Strategy that recognizes
different regions' needs was also raised – noting differences in road
safety approaches and priorities between rural and remote areas and
urban settings. Read the UBCM article.
BC Hydro to Triple EV-charging
Network to 3,500 Ports by 2035
British
Columbia's Crown power utility is planning to add more than 2,500
public charging ports for electric vehicles, tripling the size of its
network by 2035. The province's Transport Ministry says
the expansion of BC Hydro's network to 3,500 ports will be along major
highway corridors and in communities across the province, supported by a
$700-million investment. Energy Minister Adrian Dix says
in a news release that more BC residents are purchasing electric
vehicles as fuel prices increase, and the government needs to make sure
people can count on a reliable charging network. Read the BIV article.
Supporting Road Safety, Streamlining
Licensing for New Drivers
People
learning to drive in British Columbia will get the experience they need
to develop good driving habits as changes to the Graduated Licensing
Program (GLP) prioritize safety and ongoing driver monitoring. "Evidence
shows that driving experience gained over time predicts long-term
safety as reliably as a single road test," said Nina Krieger, Minister
of Public Safety and Solicitor General. "The changes we're making to the
GLP maintain our high road safety standards, with a focus on helping
new drivers get more time behind the wheel to develop the habits they
need to drive responsibly." BC has introduced new
regulatory amendments to enable the removal of the second road test to
progress to a Class 5 licence by replacing it with a driving record
assessment. The assessment shows whether drivers have met the minimum
driving experience as a novice driver. A record of unsafe behaviours,
including convictions for excessive speeding and electronic device use,
will result in re-starting the "novice" driving period. Read the government news release.
CVSE Bulletins & Notices
The following documents were posted recently by CVSE:
For more information on these and other items, visit the CVSE website.
Passenger Transportation Board Bulletins
The following updates were recently published by the BC Passenger Transportation Board:
Applications Received
Application Decisions
Visit the Passenger Transportation Board website for more information.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Designation Regulation (109/2003) | July 17/26 | by Reg 128/2026 |
Occupational Health and Safety Prosecutions –
Supreme Court Clarifies Delay Framework
On
May 29, 2026, the Supreme Court of Canada released R. v. Vrbanic ("Vrbanic") and R. v. Jacques-Taylor ("Jacques-Taylor"), clarifying how
delay will be assessed under section 11(b) of the Charter. In
these two companion decisions arising from complex multi-accused criminal prosecutions, the Supreme Court reaffirmed the Jordan
framework, which sets presumptive ceilings of 18 months (provincial court) and 30 months (superior court) from charge to trial, after which
delay is presumed unreasonable. The decisions also clarify how courts will assess delay in complex cases, especially those involving large
amounts of evidence, multiple parties, and scheduling challenges. Read the full article by Tala Khoury and Dina Zonoozi with Fasken.
Board of Directors Approves Amendments to the
Occupational Health and Safety Regulation
At its July 2026 meeting, WorkSafeBC's Board of Directors approved amendments to the Occupational Health and Safety Regulation. The amendments relate to Face Seal, Automotive Lifts, and Periodic Certification. Source: WorkSafeBC
BOD Decision – 2026/07/09-03 – Classification of
Sawmill and Forest Tenure Firms
On
July 9, 2026, WorkSafeBC's Board of Directors revised policy in the
Assessment Manual to clarify that firms engaged in forest tenure
operations in connection with a sawmill may be assigned to multiple
classification units. The revised policy applies to all decisions made on or after January 1, 2027. Source: WorkSafeBC
WorkSafeBC Announces Base Rate for
Employer Premiums in 2027
WorkSafeBC
announced Monday [July 13] that it will hold the average base rate for employer
premiums at $1.55 per $100 of assessable payroll in 2027. This
marks a decade of consecutive years without an increase if the proposal
receives final approval from the organization's board of directors this
fall. WorkSafeBC also confirmed the organization plans to return
approximately $960 million in surplus funds to employers through two
separate mechanisms: discounted base rates and direct assessment
credits. Read the full article by Louise Smith with Canadian HRReporter.
OHS Policies/Guidelines – Updates
Guidelines – Workers Compensation Act
July 9, 2026
Editorial revisions were made to the following guideline:
Visit the WorkSafeBC website to explore this and previous updates.
| Act or Regulation Affected | Effective Date | Amendment Information |
| There were no amendments this month. | ||
New Residential Tenancy Act
Supportive Housing Regulations
On July 30, provisions of 2026 Bill 11, c. 12, the Residential Tenancy Amendment Act, 2026, were brought into force by B.C. Reg. 142/2026. The Bill amended the Residential Tenancy Act
to add a division to the of special provisions for supportive housing, and allow for regulations on amending supportive housing tenancy
agreements and the standard terms for supportive housing. The new Residential Tenancy (Supportive Housing) Regulation also came into force. The remainder of the changes in Bill 11 will come into force by regulation at a future date.
Kelowna's Exemption from the Principal Residence Requirement under
BC's Short-Term Rental Accommodation Act
Since the introduction of British Columbia's Short-Term Rental Accommodations Act (the "Act"),
property owners, municipalities, developers, and tourism operators
across the province have been operating within a significantly
restructured regulatory framework. In practical terms, the Act is
intended to redirect residential properties away from commercial
short-term rental use and back into the long-term housing market. At
the same time, the framework allows for some flexibility in areas where
local housing conditions improve. Municipalities that meet certain
criteria may qualify for an exemption from the principal residence
requirement. Kelowna was recently granted such an exemption by the
Province, effective June 1, 2026. This exemption provides an early
example of how the framework may balance the need for long-term housing
with the economic realities of tourism-driven markets.
The Principal Residency Requirement and Eligible Vacancy Rate
In general, the principal residence requirement restricts short-term rental activity to an individual's principal residence or a prescribed secondary dwelling unit associated with that residence. Under the statutory framework, municipalities may be exempt from the principal residence requirement upon satisfaction of a prescribed eligible vacancy rate. In particular, section 7 of the Short-Term Rental Accommodations Regulation (the "Regulation") provides that a municipality may qualify for exemption if it maintains an eligible vacancy rate of at least 3% for two consecutive years immediately preceding the relevant reference date.
Read the full article by Rachel Lum (Articling Student) with Boughton Law.
Certifying Completion: Look to the Contract,
Not the Project Phase
Can
an owner certify only part of the work under a contract as complete? In Aragon (Lampson) Properties Ltd. v. Stanmar Construction Inc., 2026
BCSC 1052, the Supreme Court of British Columbia held that it cannot. Under the British Columbia Builders Lien Act (the Act), a certificate of
completion can be issued only once the work under a contract – not merely one phase of it – has been substantially completed. The
dispute arose from the redevelopment of a heritage hotel in Esquimalt, British Columbia. The head contract between the registered owner, Aragon
(Lampson) Properties Ltd. (Aragon), and Stanmar Construction Inc. (Stanmar), divided the siding work into two phases under a single
contract. In January 2024, Aragon's construction manager issued a
certificate of completion for the "phase 1" works and released the corresponding holdback to Stanmar. After the contract was terminated in
August 2025, three lien claims were filed. Aragon applied to pay money into court to extinguish its lien liability. Read the full article by Chelsea Wilson and Ju Hee Park with Dentons.
BC Housing Breached Agreement with
Ramada Duncan, Judge Rules
BC Housing has breached its agreement with the Ramada Duncan hotel
which required it to return the hotel to its previous condition and pay
rent up until the work was complete, a judge has ruled. During the COVID-19 pandemic, BC Housing leased the Ramada Duncan hotel to use as a homeless shelter. "For
the unhoused, creative solutions were required to address the reality
that shelters could not accommodate the same number of individuals,"
Justice Karrie Anne Wolfe wrote in her decision. "In
some communities in British Columbia, provincial entities worked with
organizations involved in social housing to temporarily rent hotel space
to provide shelter for the unhoused." Read the CHEK news article.
BC Strata Ordered to Pay Condo
Owner after Four Floods
A BC condo owner had limited success at the online Civil Resolution
Tribunal (CRT) after her unit flooded four times in seven months
starting in November 2022 due to what she alleged was the strata's
failure to maintain the common property plumbing. Maintenance of
the kitchen stacks and pipes was at issue in a July 9 decision by the
CRT, where Frances Choe alleged negligence against her strata, known as
The Owners, Strata Plan BCS 3495, in a dispute that may hold lessons for
other BC stratas. Choe claimed $51,071.01 for alternative
living expenses, personal belongings, the amount of two insurance
deductibles, emergency service expenses and an increase in insurance
premiums. The strata denied Choe's claims and said she failed to
prove the strata breached its repair and maintenance obligations. The
strata also said most of Choe's claimed damages had already been paid by
its insurer or were speculative, duplicative or unrecoverable. Addressing
the dispute, tribunal member Megan Stewart found the common property
pipes caused the flooding in Choe's unit. Evidence indicated the floods
were most likely caused by blockages in the common property stacks and
pipes, the tribunal said. Read the BIV article.
Inventory or Capital Property? Seek Tax Advice before
You Do Anything with Your Land
Land
in Canada, particularly in British Columbia, is a valuable commodity.
Federal and provincial regulators have sought to address rising
residential home prices by implementing tax rules to disincentivize
speculative purchases of residential property for the purpose of resale. A
statutory rule aimed at curbing the flipping of residential properties
was implemented in 2023 and is found in subsections 12(12) to (14) of
the Income Tax Act (Canada) (the "Tax Act"). The tax consequences of
these provisions are sometimes referred to as the "federal home flipping
tax." However, this label is somewhat misleading, as these provisions
do not introduce a new tax; they change the way certain gains are
characterized for tax purposes. For residential property located in
British Columbia, a conceptually similar but distinct tax known as the
'BC Home Flipping Tax' can also apply. Read the full article by Max Walker and Jisoo Vis with Lawson Lundell.
Security for Costs: An Advantage for Owners and
Contractors Defending Against Litigation
Owners
and contractors defending against litigation from impecunious corporate
plaintiff contractors or subcontractors should be aware of their
ability to obtain security for costs, which guards against the real risk
that they may be unable to recover costs from a plaintiff if they are
successful in defeating an action. In a recent decision, The
Wallin Company Inc. v Knappett Projects Inc., 2026 BCSC 729 ("Wallin
Company"), the BC Supreme Court applied the established test for
security for costs and highlighted several evidentiary considerations
relevant to obtaining an order for security for costs in the context of a
builders lien action. Read the full article by Dan W. Melnick and Aaron Libby with Clark Wilson.
Moving in the Right Direction: The Do's and
Don'ts of Charging Moving Fees
Moola
Manor is a residential strata corporation in Vancouver, British
Columbia. Several years ago, the community passed a bylaw enabling the
strata corporation to charge owners and tenants a non-refundable move-in
and move-out fee to the tune of $200. The rationale for the fee was to
offset the associated administrative and maintenance costs arising from
ownership and tenancy changes, as well as to receive some revenue
arising from the residents' exclusive use of Moola Manor's elevator.
Recently, one of the new residents questioned the charge and pushed back
on any such payout. The Council wondered…what amounts to a valid
moving fee anyway? A move-in or move-out fee in a strata
corporation is a "user fee". At the outset, a strata corporation is
permitted to charge user fees for the use of common property or common
assets. However, the buck doesn't stop there. The Strata Property Act and its regulations place limits on what these fees can be. Read the full article by Lisa Mackie with Alexander Holburn Beaudin + Lang LLP.
Successful Claim for Continuing Trespass on First Nation
Lands Leads to Mandatory Injunction
In a recent case, Tsawwassen First Nation v. Martinolich, 2026 BCSC 793,
the BC Supreme Court granted a mandatory injunction requiring the
leaseholder defendants to remove encroachments that extended from their
leased property onto First Nations' owned land. This case is worth noting because:
Read the full article by Susan Fridlyand with Woodward & Company LLP.
When Retaining Walls Become Property Litigation
Property
disputes between neighbours can begin with practical concerns involving
access, grading, drainage, parking, retaining walls, or driveways.
However, when those concerns involve registered easements and
construction near a property boundary, the legal issues can become
complex quickly. A recent Supreme Court of British Columbia
decision, Flavel v. Comeau, considered a long-running dispute between
neighbouring property owners in Kelowna. The case involved an easement, a
retaining wall, a settlement agreement, allegations of trespass and
nuisance, and a request to modify the easement under British Columbia's
Property Law Act. Read the full article published by Meridian Law Group.
| Act or Regulation Affected | Effective Date | Amendment Information |
| Home Inspector Licensing Regulation (12/2009) | Aug. 1/26 | by Reg 10/2026 |
| Residential Tenancy Regulation (477/2003) | July 30/26 | by Reg 142/2026 |
| Residential Tenancy (Supportive Housing) Regulation (143/2026) | NEW July 30/26 |
see Reg 143/2026 |
BC Proposes Modernizing the Escheat Act
BCLI has released a consultation paper
examining what should happen when land reverts to the Crown because an
individual dies without an heir or a corporate owner dissolves. The
project intends to clarify competing property claims and developing
mechanisms that better recognize Indigenous rights and title. The
legal principle of escheat developed within the feudal system in England
and was introduced in BC as part of colonization. Within this area of
law, land is not considered to be owned outright. Rather it is held of
the Crown. As a result, if property has no owner because the previous
owner dies without a will or heir or because a corporate owner
dissolves, the property reverts to the Crown (escheats). The consultation remains open until September 18, 2026. Visit BCLI for more information.
Henriksen Estate
The Wills, Estates and Succession Act allows
the court to give effect to a document or other record as a will even
though the will does not comply with the formal signing and witnessing
requirements for making a valid will in British Columbia. Section 58 has
been used to non-compliant documents if the court finds that the
document is authentic and represents a deliberate or fixed final
intention of a deceased person. But what if the document is created after the death of that person? This
is what occurred in Henriksen Estate, 2026 BCSC 1058. Krista Henriksen
and Awad Mohamed met with a lawyer to make wills, powers of attorney and
representation agreements. Their instructions to the lawyer were that
they wanted to make wills that were like each other, or mirror wills,
except for a gift of jewelry in Ms. Henriksen's will. Each was going to
name the other as executor and leave the residue of their estates to
each other, with the same contingent beneficiaries named on the death of
the last of them to die. Read the full article by Stan Rule on Rule of Law.
| Act or Regulation Affected | Effective Date | Amendment Information |
| There were no amendments this month. | ||