How to Lose Your Appeal Rights: A Cautionary Tale for
"Large Corporations" Objecting to Reassessments
The Income Tax Act (Canada) (the "ITA")) contains strict requirements for notices of objection filed by a "large corporation". A recent Tax Court of Canada ("TCC") decision – 641624 Alberta Ltd v R, 2026 TCC 67 – illustrates that failing to comply with those requirements can result in a swift and total loss of appeal rights. The case serves as a stark reminder that careful adherence to the ITA's provisions is vital.

A taxpayer that is not a "large corporation" (as defined in subsection 225.8(1) of the ITA) can generally file a simple notice of objection to dispute any assessment or reassessment with which they do not agree. Those taxpayers may also subsequently appeal to the TCC in respect of any issue and seek any relief, even if not initially raised in their notice of objection. Read the full article by Morgan Watchorn with Thorsteinssons LLP.

Selective Repurchase Exemption: The CSA's Bold Bid to Reshape Canada's Issuer
Bid, Take-Over Bid and Beneficial Ownership Reporting Regimes
On May 14, 2026, the Canadian Securities Administrators (CSA) released a comprehensive package of proposed amendments and accompanying policy changes targeting the issuer bid, take-over bid, and early warning reporting regimes under Canadian securities law (Proposed Amendments). The proposals span amendments to National Instrument 62-104 Take-Over Bids and Issuer Bids (NI 62-104), National Instrument 62-103 The Early Warning System and Related Take-Over Bid and Insider Reporting Issues (NI 62-103), National Instrument 51-102 Continuous Disclosure Obligations (NI 51-102), and related companion policies, National Policies, and consequential instruments. Stakeholder comments are invited until August 12, 2026.

The Proposed Amendments touch nearly every corner of the bid and beneficial ownership reporting landscape. In the CSA's words, the objectives are to "provide issuers with greater flexibility to repurchase their own securities, enhance transparency of ownership of derivative interests in specified circumstances, and reduce regulatory burden". The Proposed Amendments are relevant to public companies, private companies, institutional investors, and parties engaged in take-over bids, issuer bids, and proxy solicitations. This article sets out the principal elements of the proposals and offers initial observations for market participants. Read the full article by Sydney Kert, Derrick Auch, Robbie Grossman and Catherine Kay with DLA Pipper.

British Columbia Tightens Consumer Protection Rules: Key Contracting
and Sales Practice Changes Effective August 2026
British Columbia has confirmed major updates to the province's Business Practices and Consumer Protection Act ("BPCPA") that will directly impact how businesses contract with consumers in BC.

As detailed in a prior Fasken bulletin, BC Bill 4 passed into law important amendments to the BPCPA that took effect in 2025, including new restrictions on mandatory arbitration clauses, class action waivers, and contractual limits on consumer reviews. This bulletin focuses on additional, consumer-contracting and direct-sales amendments, and regulatory requirements that will take effect on August 1, 2026, giving businesses limited time to adapt. Read the full article by Gabriel M.A. Stern, Ariel Laver, Paul Burbank and Shan L. M. Arora with Fasken.

CRA Delays GST/HST Changes on Trailing Commissions to 2028
On May 13, 2026, the Canada Revenue Agency (CRA) advised industry groups that the application of its revised administrative position on the taxability of trailing commissions will not proceed on July 1, 2026, as previously indicated. Subsequently on May 26, 2026, the CRA released a revised version of GST/HST Notice 344 – Application of the GST/HST to Mutual Fund Trailing Commissions (Notice 344), formalizing the previously announced deferral of enforcement until Jan. 1, 2028. Read the full article by Owen Clarke with Borden Ladner Gervais LLP.

B.C. Court Confirms Strict Gatekeeper Role and Dismisses
Secondary Market Claims in Larouche v. PGM
In Larouche v. PGM ResidualCo Holdings Inc., 2026 BCSC 674, the British Columbia Supreme Court (the "Court") refused leave to pursue secondary market claims under the B.C. Securities Act ("Act") in a proposed class action alleging misrepresentations in a public issuer's disclosure. In concluding that the plaintiff failed to satisfy the statutory leave test, the Court identified several deficiencies, including inadequate pleadings, fundamental evidentiary shortcomings, and applicable limitation defences. The decision reinforces the Court's gatekeeping role in screening secondary market claims and provides useful guidance on both the leave requirements and the tolling of limitation periods under the B.C. Class Proceedings Act.

In April 2022, Ms. Larouche (the "Petitioner") commenced a class action alleging primary and secondary market misrepresentations in connection with the operations of an Ontario gold mine that was previously owned and operated by Pure Gold Mining Inc. ("Pure Gold"). Read the full article by Alexandra Urbanski and Daniel S. Murdoch with Stikeman Elliott.

Legislative Framework Introduced to Establish
the Financial Crimes Agency
The Government of Canada tabled Bill C-29, the Financial Crimes Agency Act, on April 27, 2026. The legislation responds to longstanding criticism of Canada's fragmented approach to tackling complex financial crimes, including money laundering and sanctions-related offences and fraud, with enforcement currently spread across multiple federal and provincial bodies.

If passed, the bill would create a new specialized federal law enforcement agency, the Financial Crimes Agency (the FCA), with a mandate to investigate serious and complex financial crimes and contribute to recovering proceeds of crime. Creating a dedicated federal agency with broad investigative powers and authority – including over digital assets – will help address longstanding criticism that Canada cannot effectively fight financial crimes. Read the full article by Stephen Nattrass, Tim Stewart and Miteau Butskhrikidze with Norton Rose Fulbright Canada LLP.

CRA Updates Guidance on Third-Party Penalties
The Canada Revenue Agency (CRA) has recently revised its administrative guidance on the application of third-party penalties under section 163.2 of the Income Tax Act (Canada) (ITA), broadening the circumstances in which the CRA may apply penalties. In particular, informal or non-client specific communications are no longer treated by the CRA as being outside the scope of the third-party penalty regime. Advisors engaged in thought leadership, marketing activities, or online commentary should be cautious in light of the CRA's new approach. Read the full article by Lori Bokenfohr, Timothy Fitzsimmons, Rahul Sharma and Marie-Claude Marcil with Fasken.

Updates to BC Sales Taxes
The following updates to sales taxes were recently posted:

Provincial sales tax (includes municipal and regional district tax)

• May 5, 2026
  Budget 2026 announced an expansion of the provincial sales tax (PST) to certain professional services, effective October 1, 2026. For information on how PST will apply to these services, and registration requirements, see the following new pages:
  • PST on accounting services
  • PST on architectural services
  • PST on engineering and geoscience services
  • PST on security services
  • PST on non-residential real estate services
  Notice 2026-001: Notice to providers of professional services has also been updated to include links to these new pages.
• May 21, 2026
  The Accommodation page has been updated to add information and examples about the additional Major Events MRDT that applies to sales of short-term accommodation in the City of Vancouver, effective February 1, 2023.
• May 27, 2026
  The PST on sales to First Nations page has been updated to clarify:
  • Documentation procedures when a Certificate of Indian Status card or Temporary Confirmation of Registration Document (TCRD) has expired
  • Who can apply for a refund of PST paid on liquor purchased under a liquor Special Event Permit
• June 1, 2026
  The following have been updated to clarify how PST applies to goods shipped out of B.C. by the purchaser for business use:
  • Bulletin PST 108, Boats (PDF, 380KB)
  • Bulletin PST 110, Production Machinery and Equipment Exemption (PDF, 530KB)
  • Bulletin PST 125, Advertising Agencies (PDF, 330KB)
  • Bulletin PST 133, Manufactured Buildings (PDF, 310KB)
  • Bulletin PST 134, Aircraft (PDF, 380KB)
  • Bulletin PST 204, Bicycles and Tricycles (PDF, 280KB)
  • Bulletin PST 311, Promotional Materials and Special Offers (PDF, 350KB)
  • Bulletin PST 313, Administrative Materials (PDF, 300KB)
  Bulletin PST 108, Boats (PDF, 380KB), has also been updated to clarify how PST applies to parts installed on boats brought into B.C. solely for related services.
  Bulletin PST 133, Manufactured Buildings (PDF, 310KB), has also been updated to remove transitional information about the return to PST in 2013.
  Bulletin PST 204, Bicycles and Tricycles (PDF, 280KB), has also been updated to remove transitional information about e-bikes and e-trikes that began qualifying for PST exemptions on April 21, 2021.

Motor fuel tax and carbon tax

• May 28, 2026
  FIN 142, Application for Appointment as a Collector (MFT) (PDF, 340KB), has been revised to reflect the elimination of carbon tax and include sample invoices for fuel sales.

For more information, visit the BC government website.

BC Securities – Policies & Instruments
The following policies and instruments were recently published on the BCSC website:

• 25-102 – Designated Benchmarks and Benchmark Administrators [MI]
• 62-104 – Proposed Amendments and Changes to the Issuer Bid, Take-Over Bid and Beneficial Ownership Reporting Regimes [CSA Notice and Request for Comment]

For more information, visit the BC Securities website.

Supreme Court to Hear Appeal on UNDRIP's
Reach in Domestic Law
Gitxaala and Ehatttesaht nations' challenge of the Mineral Tenure Act has seen BC push back on the implementation of DRIPA
The Supreme Court of Canada will hear British Columbia's appeal of a court decision that has fuelled drama in the province over the implementation of its Declaration on the Rights of Indigenous Peoples Act (DRIPA).

In December, the B.C. Court of Appeal ruled 2-1 that the province's Mineral Tenure Act, which allowed registration of mineral rights without consulting the Gitxaała and Ehattesaht nations, was inconsistent with the law implementing the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in the province.

Within hours, Premier David Eby said the provincial government would amend DRIPA. The province also filed an appeal to the country's top court, which has now agreed to hear it. Read the full article by Holly Lake in the CBA National.

Canada's New Electricity Strategy: Powering
an Electrified Future by 2050
The federal government recently released Powering Canada Strong: A National Strategy for an Electrified Canadian Economy, a national electricity strategy with the stated objective of doubling Canada's electricity capacity by 2050 while advancing reliability, affordability, competitiveness and decarbonization. The plan calls for consultation with territories, Indigenous communities, utilities, regulators, industrial customers, labour organizations and private sector stakeholders. The consultation process will inform both the implementation framework and future legislative and regulatory measures tied to electricity infrastructure development and electricity policy.

The consultation phase will be a key step in developing the federal government's plan into executable steps given the practical and regional differences across the Canadian electricity landscape. Provinces remain at different stages of decarbonization, reserve margins, demand growth and transmission capability. As a result, the industry can be expected to focus not only on funding opportunities, but also on questions of reliability standards, interprovincial cost allocation, permitting timelines, Indigenous equity participation, and the extent to which federal policy may accommodate differing provincial resource mixes and market structures. The consultation process may itself serve as a forum for utilities and large industrial consumers to address the financing of accelerated electrification and large-scale capital deployment. Read the full article by Rob Blackstein and Steve Suarez with Borden Ladner Gervais LLP.

Consultation Commitments and Commercial Consequences:
B.C. Supreme Court Quashes Licence Transfer Approval
In Gitanyow Hereditary Chiefs v. British Columbia (Minister of Forests), 2026 BCSC 18, the British Columbia Supreme Court set aside the Minister of Forests' approval of the transfer of a replaceable forest licence on the basis that the Province failed to meet its constitutional duty to consult an affected First Nation.

Although the decision arises in the forestry context, its reasoning has broader significance for mining companies and other resource developers, particularly where projects or operations depend on the transfer, renewal, or restructuring of existing regulatory authorizations. The decision underscores that licence transfers cannot be treated as merely "upstream administrative decisions" where deep consultation is owed – an issue with clear implications for mining transactions and project restructuring. Read the full article by Eli Mogil and Josh Isley with McCarthy Tetrault.

Canada's Clean Electricity Investment
Tax Credit: A Comprehensive Guide
The Canadian government has enacted five refundable investment tax credits ("ITCs") designed to grow Canada's clean economy and keep Canada competitive in attracting investment in clean energy projects:

• The Clean Electricity ITC: A refundable tax credit of up to 15% of investments in equipment relating to low-emitting electricity generation systems, stationary electricity storage systems that do not use fossil fuels in operation, or the transmission of electricity between provinces and territories. This tax credit is available as of April 16, 2024 for projects that did not begin construction before March 28, 2023. No tax credit is available after 2034.
• The Clean Technology ITC: A refundable tax credit of 30% of investments in eligible property acquired and available for use on or after March 28, 2023 and before 2034. For property that becomes available for use in 2034, this tax credit is up to 15%. No tax credit is available after 2034.

Read the full article by Alex Pankratz with Fasken.

BC Hydro Quietly Seeks Gas Contracts as
Power Shortage Looms
Faced with an electricity shortfall, B.C. Hydro is seeking to extend contracts with two major natural gas plants, a policy reversal that challenges one of the province's core climate goals.

In a May 28 submission to the B.C. Utilities Commission, the utility seeks approval to pursue new agreements with Island Generation, a gas power plant at an old mill in Campbell River; and McMahon Cogeneration, a gas-fired facility in Taylor in northeastern B.C.

B.C. Hydro chief regulatory officer Chris Sandve said in the submission that electricity demand is expected to skyrocket with the rise of data centres, electric vehicles, economic growth and large industrial customers like mines and gas export terminals.

B.C. is now projected to face an electricity shortfall of 500 megawatts by 2030 – enough power for 500,000 homes. Read the BIV article.

BC Energy Regulator Announcements
The following BC Energy Regulator announcements were posted recently:

• TU 2026-10 – Enhancements to eSubmission Forms for Site Assessment and Remediation
• TU 2026-11 – Temporary Restricted Access at Fort St. John Core Facility
• TU 2026-12 – Updates to the Application Management System (AMS) for Hydrogen Facility Applications
• DIR 2026-01 – Select Water Use Suspensions Lifted for Peace and Liard River Watersheds
• TU 2026-13 – Signage and Emergency Response Plan Requirements for ERAA Dam Owners

Visit the BCER website for more information.

Supreme Court Recognizes New Tort of
Intimate Partner Violence
In what's being hailed as a landmark decision, the Supreme Court of Canada has created a tort of family violence, which will allow those who have suffered harm through intimate partner violence to seek damages.

"Intimate partner violence is a pernicious social ill deserving of the full attention of the law," Justice Nicholas Kasirer wrote for the majority in the 6-3 decision.

He said the abusive conduct isn't limited to conduct that inflicts physical or psychological injury, but includes all abusive conduct where an intimate partner coerces and controls the other, depriving them of their autonomy. Read the full article by Dale Smith in the CBA National.

BC Supreme Court Rolls Out Videoconference Attendance
Option for Civil, Family Law Proceedings
Certain conferences in Supreme Court of British Columbia civil and family proceedings have implemented the option for parties to attend via videoconference, BC attorney general Niki Sharma has announced.

Per new directions, videoconferencing will become the default method of court attendance for case planning and judicial management conferences in such proceedings. Parties who opt to attend remotely will receive a Microsoft Teams link prior to their scheduled hearings. Read the full article by Jacqueline So in the Canadian Lawyer.

Hidden Income in Divorce: What If
Your Ex Is Self-Employed?
Divorce and separation often require both parties to make full and honest financial disclosure. This process is essential to ensure that property is divided fairly and that support obligations – particularly child support and spousal support – are calculated accurately. However, when one spouse is self-employed, determining their true income can become significantly more complicated.

Unlike salaried employees with predictable pay stubs and T4 slips, self-employed individuals may have greater control over how income is reported, when it is received, and how expenses are characterized. This flexibility can sometimes lead to disputes about whether income is being underreported or intentionally concealed. Read the full article from the Meridian Law Group.

Supporting Families with Free Services
During Separation, Conflict
Families going through separation or divorce can access a wide range of free provincial services designed to reduce conflict during challenging transitions and help people make informed decisions.

Navigating the justice system can be complex, time-consuming and overwhelming. Through Family Justice Centres and Justice Access Centres throughout B.C., families can get free, convenient help with parenting arrangements, guardianship, child and spousal support, and property division involving a companion animal. People can also get support to resolve family law matters throughout the provincial court process, with guidance and navigation at every step. These programs are all designed to help families manage changes in their relationships, ensuring the right information and services are available when they need them. Read the government news release.

Forests Statutes Amendment Act, 2026 Now in Force
Bill 14, the Forests Statutes Amendment Act, 2026, came into force on May 21. The Bill made changes to the Forest Act and the Forest and Range Practices Act to provide a greater range of fibre-generating and forest stewardship activities, and to allow BC Timber Sales (BCTS) to introduce new timber sales licences to include activities such as commercial thinning, salvage of damaged trees and wildfire risk reduction, and providing contractors with a broader range of opportunities to bid on.

Environmental Law Changes 'Possible' to Expedite
Resource Projects: Government House Leader
Government considers changes to the Impact Assessment Act and the Fisheries Act, sources say
The government House leader confirmed on Thursday [May 7] plans to change regulations and legislation in order to speed up the approvals of major resource projects.

The confirmation comes following a report from CBC News, in which federal sources said the government plans to present proposals aimed at speeding up the approval process to fulfill the Liberal campaign promise of approving projects within a two-year timeframe.

When asked if new legislation was coming, government House leader Steve MacKinnon said: "It's possible." Read the CBC article.

Forests Canada Releases Post-Wildfire
Forest Recovery Report
Since 2023, communities across Canada and around the world have been experiencing record-breaking wildfires and working to help restore forested landscapes in their aftermath – but the best practices behind forest recovery in the wake of extreme wildfires are evolving.

To better understand the decisions and approaches for post-wildfire forest restoration in Canada, national charity Forests Canada surveyed and interviewed forest managers and tree planting practitioners and is presenting the findings in a report titled Forest Restoration After Wildfire: Knowledge Gaps and Future Needs Analysis. Read the full article by Forests Canada.

Forever Chemicals, Forever Liability? The Rise
of PFAS Class Actions in Canada
Per- and polyfluoroalkyl substances (PFAS) litigation is becoming increasingly common in Canada. Following a wave of class actions in the United States, Canadian courts are now grappling with claims over alleged contamination from these "forever chemicals." In this Osler Update, we discuss certain of the latest developments related to PFAS litigation.

As discussed in previous Osler Updates, PFAS are a group of more than 4,700 synthetic chemicals valued for their resistance to heat, oil and water, making them common in consumer products such as non-stick cookware, cosmetics, textiles and paints, as well as in the manufacturing of electronics, plastics, metals and fire-fighting foams. Read the full article by Jennifer Fairfax, Brad Gilmour, Evan Barz, Clare Barrowman, Shelby Wilson and Daniel Kiesman with Osler.

Fairy Creek Anti-Logging Protesters Win Appeal
in Bid for Class-Action Certification
Fairy Creek anti-logging protesters have won an appeal against a court ruling that denied the certification of their proposed class-action lawsuit against the federal and provincial governments.

The class-action application now goes back to the B.C. Supreme Court for a new decision, after the B.C. Court of Appeal found the judge who rejected the claim erred on several points.

The applicants, protesters Arvin Singh Dang and Kristy Morgan, say the RCMP wrongfully barred them and others from the Vancouver Island protest site, where Teal Cedar Products had secured an injunction against the protests targeting old-growth logging.

The appeal ruling issued Wednesday [May 20] notes that while the protests and logging in the area that ran from 2021 to 2023 are now over, the litigation continues. Read the BIV article.

Environmental Appeal Board Decisions
The following Environmental Appeal Board decisions were made recently:

Environmental Management Act

• WestKam Gold Corp. v. Director, Environmental Management Act [Dismissal Order – Appeal Dismissed]

Integrated Pest Management Act

• Gordon Lageweg and Sonja Lageweg v. Director of Recycling and Pesticide Authorizations [Preliminary Decision on a Stay Application – Denied]

Water Sustainability Act

• Carol-Anna Isdahl and Cori-Ann Isdahl v. Assistant Water Manager [Final Decision – Appeal Allowed; Order Set Aside]

Wildlife Act

• Doug Heard v. Regional Manager, Recreational Fisheries and Wildlife Programs [Final Decision – Appeal Dismissed]

Visit the Environmental Appeal Board website for more information.

Forest Appeals Commission Decisions
The following Forest Appeals Commission decision was made recently:

Wildfire Act

• Duffy Damgaard v. Government of British Columbia [Final Decision – Appeal Dismissed]

Visit the Forest Appeals Commission website for more information.

Bettering Access to Care, Reproductive Health
Protected Through Expanded Midwives' Role
People in British Columbia will have better access to midwife-led abortion care, continuous pregnancy care and other reproductive health services as midwives' role expands.

The Province is further expanding the scope of practice of midwives. Once the changes are in place, midwives will be able to:

• prescribe Mifegymiso to treat an early miscarriage or to provide a safe medical abortion within the first trimester
• prescribe Levothyroxine for management of hypothyroidism
• prescribe Cabergoline for lactation suppression; to stop breast milk production after childbirth
• perform ultrasound for more obstetrical needs, such as to determine where the fetus is located during early pregnancy.

Read the government news release.

B.C. Medical Regulator Heads to Court to Stop
'Cancer Guy' from Dispensing Medical Advice
The College of Physicians and Surgeons of B.C. is seeking a permanent injunction to prevent the founder of a popular online "personalized cancer care and precision oncology service" from assessing patients and dispensing medical advice.

A petition filed in B.C. Supreme Court this week claims Alexander Rolland is violating provincial health regulations through the operation of Cancer Treatment Options and Management Inc.

The petition claims that "taken as a whole," Rolland's websites and a YouTube channel where he calls himself "The Cancer Guy" all work to imply that he and his colleagues "are able or willing to conduct activities that may only be provided by a regulated health practitioner." Read the CBC article.

Health Canada Proposes to Exempt Certain Low-Risk Non-Prescription
Drugs from "New Drug" Requirements
On May 15, 2026, Health Canada issued a Notice of Intent to publish a Ministerial Order that would exempt certain low-risk NPDs from the requirements of Division 8 of Part C (New Drugs) of the Food and Drug Regulations ("FDR"). As a result, low-risk non-prescription drugs ("NPDs") that have not been previously authorized in Canada may soon benefit from a less onerous pathway to market under Health Canada's proposed Ministerial Class Exemption Order (the "Order").

Health Canada is inviting stakeholder feedback on the proposed approach, with comments due by July 14, 2026.

Currently, drugs containing medicinal ingredients not previously authorized in Canada are regulated as "new drugs" under Part C, Division 8 of the FDR. Both prescription and non-prescription drugs are subject to the same rules. Even lower-risk NPDs, including those intended for cosmetic-like purposes (e.g., sunscreens, anti-dandruff products, and oral care products), must meet the same rigorous requirements as prescription drugs, which includes significant data requirements, review timelines of up to 300 days, and costs that may exceed $600,000 to obtain market authorization. Read the full article by Gladys Osien and William Bjornsson with Gowling.

Biosimilar Drugs: Phase 3 Clinical Trials No
Longer Required for Approval in Canada
Health Canada has made important changes to how it authorizes biosimilar drugs for sale in Canada. Notably, clinical efficacy studies (i.e. phase 3 studies) comparing the efficacy of the biosimilar candidate drug to the innovative drug it copies "are not typically required." This change aligns with those being made by US and European regulatory authorities. Health Canada's changes may lead to more biosimilar drugs coming to Canada and earlier litigation under the Patented Medicines (Notice of Compliance) Regulations.

Biosimilar and generic drugs are both copies of an approved innovative drug. However, they have fundamental differences that have led to different regulatory standards for market entry in Canada and other jurisdictions. Read the full article by Pardeep Heir, Paul Jorgensen and Kristin Wall with Norton Rose Fulbright Canada LLP.

Advancing Made-in-B.C. Health Technology
to Strengthen Patient Care
The Province is supporting B.C. companies to test how their innovative technology can improve health-care delivery, support the growth of the life-sciences sector and create more jobs.

Through the Integrated Marketplace's Health Testbed, the Government of B.C. and Pacific Economic Development Canada (PacifiCan) are providing more than $5.3 million to support testing of innovative health and life-sciences products, which have the potential to revolutionize health care and achieve better health outcomes for patients. Read the BC government news release.

How (Not) to Manage Risk When Changing Remote Work
Arrangements – The Cressey v. Parolin Ruling
The British Columbia Court of Appeal's decision in Cressey Construction Corporation v. Parolin, 2026 BCCA 199 provides important guidance for employers navigating return-to-office mandates. The Court confirmed that a long-standing work-from-home arrangement can become an essential term of employment, and that revoking it without reasonable notice may constitute constructive dismissal.

Key Takeaways for Employers:

• Remote work arrangements can become essential terms of employment: Consistent, employer-approved remote arrangements may be deemed enforceable essential terms of employment, even if they are not in writing.
• Return-to-office mandates require care: Mandating return to the office requirements without notice after long-term remote work arrangements may trigger constructive dismissal.

Read the full article by Emma Gibson with Lawson Lundell LLP.

Reminder: B.C. Minimum Wage Rising June 1
British Columbia's general minimum wage will climb to $18.25 per hour on Monday, June 1, 2026.

The base pay will rise from the current rate of $17.85 per hour.

The increase of just over 2.1 per cent – pegged to the province's average monthly inflation rate in 2025 – applies not only to the general minimum wage but also to the rates paid to resident caretakers, live-in home-support workers, live-in camp leaders, and app-based ride-hailing and delivery service workers, according to the B.C. government. Read the full article by Jim Wilson in the Canadian HRReporter.

Spotting Harder-to-See Disabilities: Volpi
and the Expanding Duty to Inquire
The Alberta Human Rights Tribunal's decision in Volpi v. Lifemark Health Corp., 2026 AHRC 26 ("Volpi"), is notable for two reasons. First, it is a duty to inquire case involving a mental disability that was not necessarily obvious on its face. Second, it took an unusual procedural route before being sent back for a full hearing. Together, those features make Volpi worth a closer look for employers navigating accommodation issues tied to stress, burnout, and harder-to-spot mental health conditions.

The complainant was a physiotherapist who had worked at Lifemark for 16 years. He alleged discrimination in employment on the basis of mental disability, specifically Bipolar II Disorder.

The facts involved a deterioration in his mental health, requests for time away from work, and an eventual resignation. In particular, he resigned in circumstances the Tribunal later found should have prompted further inquiry into whether his conduct was connected to a mental disability and whether accommodation was required. He also advanced broader allegations of a toxic work environment, harassment, and improper diversion of patients. Read the full article by April Kosten and Brandon Fleming with McCarthy Tetrault LLP.

Review Ordered of Unions' Role in
Workers Not Crossing Picket Lines
The question of whether labour leaders illegally encouraged hundreds of civilian trade workers at CFB Esquimalt not to cross another union's picket line has been referred back to the federal labour relations board, after a court ruling this week.

The Federal Court of Appeal set aside a previous board decision that found the conduct of the Federal Government Dockyards Trades and Labour Council was not unlawful.

The labour council represents about 700 workers under 11 trade unions, including machinists, shipwrights, electricians and carpenters, who work at Department of National Defence sites across the capital region.

Their members faced a dilemma when more than 120,000 unionized federal public servants belonging to the Public Service Alliance of Canada began a 12-day strike on April 19, 2023, and staged picket lines at the fleet maintenance facility at CFB Esquimalt and at the Rocky Point ammunition depot in Metchosin.

The decision from the appeals court released Thursday [May 28] said that in its previous decision, the federal labour board gave "very little consideration" to whether labour leaders had encouraged workers to engage in illegal job action during the PSAC strikes, the main complaint that had been brought forward by their employer, the Treasury Board. Read the Times Colonist article.

B.C. Boosts Pension Standards with
New Rules for Employers, Members
British Columbia is updating its pension standards legislation this year, with a series of amendments to the Pension Benefits Standards Act (PBSA) coming into force in two stages – some on April 30, 2026, and others on Oct. 30, 2026.

The changes introduce automatic contribution escalation for defined contribution (DC) plans, expanded options for surviving spouses, and relief for employers offering individual pension plans to high earners. Read the full article by Sarah Dobson with the Canadian HRReporter.

Federal Government Proposes Non-Compete Prohibition and Publishes
Final Equal Pay Regulations under the Canada Labour Code
In recent weeks, the federal government has advanced two significant initiatives affecting employers governed by the Canada Labour Code ("Code").

On May 6, 2026, the federal government introduced Bill C-31, Budget 2025 Implementation Act, No. 2 ("Bill C-31"), which proposes to prohibit non-compete clauses and certain other employment-related restrictions for most federally regulated employees. Separately, the federal government published the final Regulations Amending Certain Regulations Made Under the Canada Labour Code (Equal Treatment and Temporary Help Agencies): SOR/2026-75 (the "Equal Pay Regulations"), which set out implementation details for equal pay provisions first enacted in 2018. Those underlying amendments have now been proclaimed into force, effective October 20, 2026.

These developments signal a continued expansion of employee protections under the Code and will require federally regulated employers to review and, where necessary, update their employment practices. Read the full article by Jackie VanDerMeulen, Christopher Pigott, Shane D. Todd and Andrew J. Gould with Fasken.

Is It a Breach of Privacy if an Employer Collects
Its Employee's Refusal to Take a Drug Test?
In some cases, yes. In Order P26-05 BC's Office of the Information and Privacy Commissioner (the "OIPC") found that Altrad Service Ltd. violated the Personal Information and Privacy Act ("PIPA") by documenting an employee's refusal to submit to drug testing.

The unique decision offers practical guidance for employers on the reasonableness standard governing employee personal information. Read the full article by Ryan Berger and Ashley Kalla with Lawson Lundell.

Employee Mental Health Concerns Now at the
Core of Workplace Litigation
There has been a quiet but unmistakable shift in Canadian workplaces – one that many employers do not fully grasp until it is too late.

Employee mental health is no longer a peripheral concern confined to cases of harassment or abuse. Increasingly, it sits at the centre of workplace litigation. Claims rooted in psychological harm are emerging not from shocking misconduct but from the ordinary frictions of work: strained reporting relationships, clumsily handled performance reviews and, particularly, workplace investigations that drag on without clarity or resolution.

What employers once dismissed as routine workplace stress is now forming the backbone of constructive dismissal claims, human rights applications and occupational health and safety complaints. Read the Financial Post article.

Local Government Bills Not Passed
Two Housing and Municipal Affairs bills introduced this spring did not pass before the session ended: Bill 17, the Housing and Municipal Affairs Statutes (Codes of Conduct) Amendment Act, 2026, and Bill 18, the Housing and Municipal Affairs Statutes (Parental Leave) Amendment Act, 2026. Bill 17 proposed a provincewide code of conduct framework for municipal and regional district elected officials, while Bill 18 proposed parental leave protections for local elected officials. These bills remain important items to watch if they are brought forward again in the fall sitting.

When Tax Collection Goes Wrong
The collection of property taxes from ratepayers is a core function of British Columbia municipalities. Most of the time, taxes are imposed and collected without much fuss. On occasion, a municipal collector might discover that the municipality has made a mistake. This mistake could be a miscalculation in a tax notice, a misapplied payment or a misdirected refund. A larger error, such as an improperly imposed tax, could impact hundreds or thousands of ratepayers. Some mistakes can be more easily and cheaply addressed than others.

Miscalculated Tax Notices
A municipality is statutorily obligated to issue a tax notice to "each owner of property subject to tax" under subsection 237(1) of the Community Charter, R.S.B.C. 2003, c. 26. The tax notice must include a statement of the taxes imposed for the current year, including property value taxes. This paper will discuss several scenarios involving municipal missteps in tax collection.

Read the full paper by Michael Moll and Aidan Andrews with Civic Legal LLP, as presented at the GFOABC Annual Conference May 26, 2026.

EDMA Regulations for Local Authorities
The Province has introduced regulations for local authorities, which have been added to the Emergency and Disaster Management Regulation. Most of the new regulations for local authorities will not come into effect until January 2027, consistent with local government requests for additional preparation time. Regulations address key local government responsibilities under the Emergency and Disaster Management Act (EDMA). Read the UBCM article.

The Right to Rant and Rave: BCSC Dismisses Defamation
Claim Arising from Facebook Posts
In Baker v. France, 2026 BCSC 850, the court dismissed a defamation action commenced by a local government elected official in relation to a series of allegedly defamatory social media posts on a community Facebook page. This decision highlights the extent to which courts will protect public expression regarding elected officials and public bodies.

Background
The defendant made a series of posts to a community Facebook page. The posts included allegations against the Mayor and Council. The court summarized the allegations contained in the posts as follows (para. 60):

1. The Mayor engaged in behaviour constituting sexual harassment;
2. Formal sexual harassment complaints were made;
3. The Mayor and Council did not handle the complaints properly; and
4. As a result, the complaints were not resolved promptly and inexpensively.

The plaintiff commenced a defamation action against the defendant in relation to these posts, claiming the statements were untrue and caused him reputational and other damage. Prior to determination of the defamation claim on its merits, the defendant brought an application to dismiss the action pursuant to s. 4 of the Protection of Public Participation Act, S.B.C. 2019, c. 3 (PPPA).

Read the full article by Jacob Gehlen with SMS Law. 

Major Changes Incoming to Local Government
Code of Conduct Requirements
In November 2021, British Columbia enacted legislation requiring local governments to consider enacting a code of conduct after each local election. As a result, a significant number of local governments have adopted a code of conduct. These codes of conduct regulate how council members can interact with each other, staff, and the public, and have taken different forms across the province. However, a new Bill being considered by the provincial Legislature, the Housing and Municipal Affairs Statutes (Codes of Conduct) Amendment Act, 2026, would modify those requirements to require the adoption of a standardized code of conduct. This change, if enacted, will have significant impacts for local governments and council members. The new code of conduct is expected to be in place for new councils and boards following the October 17, 2026, general local elections. Read the full article by Cameron N. Fox and Isaac Waller with Clark Wilson.

Over $600,000 in Damages: BCCA Confirms Bias Can 
Undermine Misconduct-Based Terminations
In Nanaimo (City) v. Mema, 2026 BCCA 203 ("Mema"), the British Columbia Court of Appeal upheld a Human Rights Tribunal (the "Tribunal") award of damages exceeding $600,000 due to a dismissal being based, in part, on racial bias. The decision is an important reminder to employers that even where employee misconduct exists, if any part of the decision to dismiss an employee is based on a prohibited ground in the BC Human Rights Code (the "Code"), that constitutes a prima facie case of discrimination.

Background
The City of Nanaimo (the "City") dismissed its Chief Financial Officer following concerns about his use of a corporate credit card that accumulated approximately $14,000 in personal expenses. While the Tribunal accepted that this conduct was problematic, it found that the City's response was nonetheless discriminatory under the Code because it was tainted by bias. In particular, the City relied heavily on an internal report prepared by another employee that was found to reflect a "thread of racial bias" and to overstate the seriousness of the misconduct. This report contributed to the employer's decision to suspend and later terminate the employee. The Tribunal's findings were upheld on judicial review and ultimately by the Court of Appeal.

Read the full article by Nicole Skuggedal and Tristan Kimball with Lawson Lundell LLP.

Guide for Digitizing Bylaws
The Province has published a new guide for local governments interested in converting bylaws, policies, and other regulatory documents into machine-readable formats such as JSON and XML to support work towards better digital services that streamline design, permitting, and construction. The housing construction sector is transitioning to new ways of delivering housing, through the adoption of modern digital tools and off-site methods of construction. This transition requires investment in new data, tools, and processes. Structured, machine-readable rules can power AI-assisted tools, automated zoning and code compliance checks, and a more user-friendly, accessible, and searchable way to read land use and construction requirements. Read the UBCM article.

Freedom of Information and Protection of Privacy 
Amendment Act, 2026 Partially in Force
Bill 9, the Freedom of Information and Protection of Privacy Amendment Act, 2026, received Royal Assent on May 28 and several amendments to the Freedom of Information and Protection of Privacy Act are now in force. The Bill was intended to streamline the process for Freedom of Information (FOI) requests and improve the Connected Service of BC digital services delivery.

Law Society of BC Appeals Failed Challenge to
Eby's Legal Professions Act
The Law Society of BC is pursuing an appeal of a court decision finding the new Legal Professions Act does not undermine the independence of the bar, nor is it unconstitutional. B.C. Supreme Court Chief Justice Ronald Skolrood had dismissed the society's challenge to the act on April 29. On May 5 the society filed a notice at the B.C. Court of Appeal. In a statement published on its website, the independent regulator of BC lawyers said the decision warrants further consideration by the appellate courts as it impacts "the public's right to impartial legal advice free from external influences." However the statement does not specify how, in the opinion of the society, Skolrood erred in his decision. Read the full BIV article.

New BC Supreme Court Criminal Rule 7 Now in Force
A new Rule 7 of the Criminal Rules of the Supreme Court of British Columbia came into force on June 1, 2026. The rule sets out the procedure for applications under the Criminal Code to reduce the number of years an offender must serve before becoming eligible for parole. The Court has also released new Form 8 – Notice of Application and Form 9 – Affidavit of Applicant for these applications. According to the Court's memorandum, the new rule replaces the former BC rules of practice for these applications and was issued ahead of a broader revision of the Court's Criminal Rules because the former rule no longer aligned with current Criminal Code procedure, jurisprudence and practice. For more information, see the Supreme Court of British Columbia's Supreme Court Criminal Rules page.

Federal Government Seeks More Time to
Amend Indian Act Registration Rules
The federal government sought additional time from the B.C. Supreme Court to respond to the Nicholas v. Attorney General (Canada) ruling, which found aspects of the Indian Act registration regime unconstitutional. The ruling concerns descendants of First Nations people who lost status through enfranchisement. Bill S-2 is intended to address the decision in Nicholas v. Canada (Attorney General). The B.C. Supreme Court rejected the extension, and it is unclear what will happen with Bill S-2.

BC Restaurants, Pubs, Bars Can Buy
Alcohol from Private Stores
The BC government on Friday, May 29, made a policy change that private beer, wine and spirits retailers have been urging for years, if not decades. Restaurants, bars and pubs are now able to buy alcohol directly from those private retailers, as well as from government stores. This is only a temporary measure, however, as the change is set to expire at the start of June 2029, according to the ministry of agriculture and food, which oversees the BC Liquor Distribution Branch (BCLDB). The news comes days after Business in Vancouver reported that the BCLDB's longtime CEO and general manager Blain Lawson had retired without the BCLDB announcing the retirement publicly. Erin McEwan is now in those roles on an interim basis, the BCLDB confirmed earlier this week. Read the BIV article.

K'ómoks Treaty Act Now Partially in Force
The new K'ómoks Treaty Act received Royal Assent and is now partially in force as of May 28, providing the first step in ratifying the K'ómoks Treaty. The remaining provisions will come into force by regulation at a later date. The treaty, first ratified by K'ómoks members in March 2025, will also need to be ratified by the federal government before it comes fully into effect, possibly sometime in 2028.

Plead Carefully: SCC Clarifies Cause of Action
Estoppel and Limits on Relitigation
In Patrick Street Holdings Ltd. v. 11368 NL Inc., 2026 SCC 15, the Supreme Court of Canada held that cause of action estoppel barred the appellant from advancing a new theory in a second proceeding to support its entitlement to mortgage proceeds. The Court's decision is an important reminder that litigants must bring forward all reasonably available arguments in the first proceeding, and subsequent attempts to relitigate the same underlying cause of action will likely be barred. Respondents must raise res judicata at first instance to rely on its protections, including by properly pleading the underlying material facts. Read the full article by Teagan Markin and Valerie Cheng with Borden Ladner Gervais LLP.

Bill C-28: Canada's New Space Launch Framework –
What You Need to Know
Bill C-28 recently received first reading in the House of Commons as An Act to amend the Aeronautics Act and other Acts (short title: Canadian Space Launch Act) (the Bill). If enacted, the Bill would establish a federal legislative framework for space launch and re-entry activities in Canada. For Canada's growing commercial space sector, including the investors, operators, infrastructure developers and advisors supporting it, the Bill provides a much-appreciated statutory foundation for their activities. Canada is the only G7 country without its own space launch capabilities. Instead, Canada depends on foreign launch providers, such as the United States, to place Canadian payloads into orbit. Establishing a domestic launch and re-entry regime is therefore not only an economic opportunity, but also a step toward reducing Canada's reliance on other countries for access to space. Read the full article by Bruce Sheiner, Paul Fitzgerald and Antoine Killin with Norton Rose Fulbright Canada LLP. 

Pressure Mounts on Canada's Lawful Access Bill
Opposition to Bill C-22, the lawful access bill currently in second reading before Parliament, has intensified sharply in recent days. More than a dozen major companies – Apple, Meta, Signal, and several VPN providers among them – have raised concerns about key provisions, with some threatening to withdraw services from the Canadian market if the bill passes as drafted. Two members of the U.S. Congress have written to Public Safety Minister Gary Anandasangaree, warning that certain powers could compromise the privacy of American citizens and national security. Civil liberties groups and privacy experts have published open letters and op-eds, and the dissent on social media has been equally loud. Read the full article by Robert Diab with CBA National.

BC Law Coming to Mandate Dashboard  
Cameras for Commercial Vehicles
A private-member's bill to mandate dash cameras on all commercial vehicles travelling B. highways has passed unanimously through the legislature. BC Conservative member Ward Stamer says the bill started with families along Highway 5 in his Kamloops-North Thompson constituency who have buried their loved ones after preventable crashes. Stamer says in a statement that it finishes with BC leading the country on commercial vehicle safety. He says the cameras hold drivers accountable, and make sure that when a crash happens the evidence isn't lost, disputed or "buried in a yearlong investigation." The statement says the B.C. Trucking Association endorsed the bill, noting that about 75 per cent of collisions involving a commercial vehicle aren't the fault of that driver. Read the BIV article.

BC Court of Appeal Raises Damages Award to $1.13M from
$378K for Minor Motor Vehicle Accident
In a vehicular accident case, the British Columbia Court of Appeal raised the damages award by $760,796.19 upon setting aside a judge's application of a 75 percent negative contingency deduction and replacing it with a 25 percent deduction. On July 6, 2018, the vehicle of the respondent in Mariotto v. Rowntree Estate, 2026 BCCA 215, struck the appellant's stopped vehicle from behind at low speed. The minor accident did not deploy the airbags in the appellant's vehicle and caused almost no damage to either vehicle. The appellant commenced a case based on her injuries. The respondent, later represented by her estate, admitted liability for the accident. Read the full article by Bernise Carolino with Canadian Lawyer.

Mario Canseco: British Columbians Back Stricter Penalties
on Emergency Vehicle Violations, Poll Finds
British Columbians have long complained about the behaviour of drivers in their municipality. In February 2025, the proportion of British Columbians who witnessed undesirable actions over the previous month was noteworthy. Three in five (60 per cent) told us they saw a driver not signaling before turning and a majority (53 per cent) experienced a car not stopping at an intersection. Pedestrians, cyclists and drivers are justifiably annoyed when people choose not to follow the rules of the road. In some cases, particularly as it pertains to emergency vehicles, the consequences can be especially harmful. Drivers who fail to yield to emergency vehicles cause delays in response times, placing the lives of both responders and the public in peril. Drivers who fail to keep the appropriate distance from an emergency vehicle may not be properly prepared for sudden stops, heightening the risk of collisions. And while some people may not see a problem with driving over an active fire hose, this action can cause physical injury to working firefighters and rupture the water supply, trapping crews that are battling a fire. Read the BIV article.

CVSE Bulletins & Notices
The following documents were posted recently by CVSE:

• CT-Notice 01-26 – Permit Centre Operating Hours Change
• NSC Bulletin 02-2023 – Publication of Carriers Cancelled for Cause
• NSC Bulletin 01-2024 – Safety Rating Certificate and Status for B.C. Carriers

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:

News and Updates

• Taxi Living Cost Index increase
  The Passenger Transportation Board (Board) has approved a Taxi and Limousine Cost Index (TLCI) rate adjustment for taxi licensees in Region 1 and Region 2. Read the full update.

Applications Received

• 25052-26 – City Star Limousine Service Ltd.
• 24495-25 – Hallcon Crew Transport Canada Inc.
• 25168-26 – 2265281 Alberta Ltd (Lil Critter Croft Transport)
• 25315-26 – Sapphire Limousine Ltd.
• 24725-25 – Access Rent A Car Inc.

Application Decisions

• 25615-26 PS TOP – Z's Limo Service (ZLS) Ltd. [Approved]
• 25618-26 TOP – Supreme Limousine & Chauffeur Service Ltd. [Approved]
• 24024-25 – Ecolife Limousine Ltd. [Approved in Part]
• 25658-26 – Vanride Shuttle Services Ltd. [Approved]
• 25851-26 PS TOP – Luxury Life Limousine Inc. [Approved]
• 25875-26 PS TOP – Leah Marie Jones (LJ LimoRide Co.) [Approved]
• 25877-26 PS TOP – Fantastic Limousine Services Ltd. [Approved]
• 25912-26 TOP – Penticton Eco Taxi Ltd. [Approved]

Visit the Passenger Transportation Board website for more information.

BC Construction Injury Rate Down
25 Per Cent: WorkSafeBC
The construction injury rate in British Columbia has fallen by 25 per cent over the past decade, a shift that signals progress but also reinforces the need for occupational health and safety professionals to stay focused on high‑risk activities, according to new WorkSafeBC figures released for Construction Safety Week. Over the same 10‑year period, the serious injury rate in construction declined by 32 per cent. WorkSafeBC attributes these improvements to stronger safety management practices, including more effective hazard identification and control that actively involves workers, and more proactive approaches to training, supervision and psychological safety. Read the full article by Jim Wilson with Canadian Occupational Safety.

2025 New or Revised ACGIH Threshold Limit Values and
BC Exposure Limits (June)
from WorkSafeBC
The Occupational Health and Safety Regulation provides that, except as otherwise determined by WorkSafeBC, an employer must ensure no worker is exposed to a substance exceeding the Threshold Limit Values (TLVs) prescribed by the American Conference of Governmental Industrial Hygienists (ACGIH). Twice a year, the ACGIH publishes a list of substances for which they have set new or revised TLVs. When WorkSafeBC adopts the new or revised ACGIH TLVs as regulatory exposure limits for chemical substances, these exposure limits are referred to as BC Exposure Limits (ELs). An EL is the maximum allowed airborne concentration for a chemical substance for which it is believed that nearly all workers may be exposed over a working lifetime and experience no adverse health effects.

Woodfibre LNG's Gender Safety Plan Is
Setting a New Industry Standard
How a BC company built Canada's first gender and cultural safety management plan and why regulators may replicate it

When Woodfibre LNG broke ground on its liquefied natural gas project near Squamish, B.C., the company knew the construction phase would draw a large, predominantly male workforce into close proximity with an Indigenous community that had real concerns. The question was not whether those concerns deserved a response, but how substantive that response could be. The answer, developed in collaboration with the Squamish Nation, became what Selena Basi, Vice President of Corporate Relations at Woodfibre LNG, describes as Canada's first Gender and Cultural Safety Management Plan: a regulatory requirement codified alongside the project's environmental assessment approvals and built to protect women, Indigenous workers and two-spirited people both on the worksite and in the surrounding community. Read the full article by Shane Mercer with Canadian Occupational Safety. 

Consultation on Proposed Amendments to Part 20 of the
Occupational Health and Safety Regulation
from WorkSafeBC
Our Policy, Regulation and Research Department is requesting feedback on proposed amendments to Part 20, Construction, Excavation and Demolition – Shotcrete, of the Occupational Health and Safety Regulation. The consultation phase gives stakeholders an opportunity to provide feedback before the proposed amendments are taken to public hearing. All stakeholder feedback is carefully considered and analyzed, and provided to WorkSafeBC's Board of Directors as part of their decision-making process. Proposed regulatory amendments under review:

• Part 20, Construction, Excavation and Demolition — Shotcrete

Proposed Amendments to Policy on the Interpretation of
Misrepresentation for Classification Changes
from WorkSafeBC
Classification change policy in the Assessment Manual lists the possible reasons for changing a firm's classification. Under this policy, a firm's failure to provide timely, complete, and accurate information to WorkSafeBC, and to respond promptly to information requests or information provided by WorkSafeBC (the positive duties), is addressed under the heading of fraud or misrepresentation. This creates confusion when the contravention is inadvertent. Our Policy, Regulation and Research Department is releasing a discussion paper with proposed amendments to policy in the Assessment Manual to clarify how a contravention of the positive duties is interpreted in the context of classification change. You're invited to provide feedback until 4:30 p.m. on Friday, June 26, 2026.

First Aid Requirements: What You
Need to Know for Compliance
Employers are responsible for first aid in the workplace to ensure injured workers receive prompt and appropriate treatment and, if needed, are transported to medical aid without delay. They are also responsible for ensuring their workplace has the required first aid equipment, facilities, means of transportation and attendants in place to treat injured workers. In November 2024, WorkSafeBC introduced updated first aid requirements to help protect workers and improve response when injuries happen. These regulations ensure the right level of care is available when it's needed most, especially in high risk and remote environments. The updated regulations address worksite accessibility, first aid kits and attendants, drills and hazard ratings. Some forestry companies are still working through what these changes mean and what they need to do. Here's what you need to know about the requirements and how to stay compliant. Read the full article in the June 2026 Forest Safety News, published by BC Forest Safety Council. 

OHS Policies/Guidelines – Updates

Guidelines – Occupational Health and Safety Regulation
May 7, 2026
Editorial revisions were made to the following guideline.

• Part 14: Cranes and Hoists
  G14.73.3 Notice of project – Significant changes

May 14, 2026

• Part 5 Chemical Agents and Biological Agents
  Table of Exposure Limits for Chemical and Biological Substances
  The table has been updated to reflect changes to OHS Policy R5.48-1 (amended May 14, 2026). Deletions are shown as strikethrough; additions and revisions are highlighted in green.

OHS Policies – Occupational Health and Safety Regulation
May 14, 2026
OHS Policy R5.48-1 has been amended (effective May 14, 2026) to reflect the current exposure limits for substances listed on the new or revised Threshold Limit Values for December 2025 from the American Conference of Governmental Industrial Hygienists.

• R5.48-1 Controlling Exposure – Exposure Limits

Visit the WorkSafeBC website to explore this and previous updates.

BC Privacy Adjudicator Finds Short-term Rental
Addresses Should Remain Private
British Columbia's Office of the Information and Privacy Commissioner says the City of Vancouver is required to refuse to disclose addresses of short-term rental operators because it would reveal where "they live their private lives." An adjudicator's ruling this week is the latest decision in a years-long freedom of information dispute with housing advocate Rohana Rezel, a tech industry worker who has been campaigning for greater transparency on short-term rentals and first sought business licence and address information on Airbnb operations in 2019. The decision says disclosing the addresses of short-term rental operations would expose operators to potential "harassment, financial harm, and reputational damage." The adjudicator ruled business licence numbers were not sensitive, with that information already available online. Read the BIV article. 

BC Court Orders Tofino Tenants to Vacate 
Property after Judicial Review
A BC Supreme Court justice has taken the unusual step of ordering Tofino tenants to vacate their home after overturning a flawed decision of the province's Residential Tenancy Branch. In a decision issued last week and published online Monday [June 1, 2026], Justice Karrie A. Wolfe ruled that the RTB arbitrator had failed to consider or misapprehended the landlord's evidence for attempting to evict long-term tenants Marianne Boom and Alwyn Cox. The landlord, Tod-Hackett Group Ltd., owns the triplex on Main Street in Tofino where Boom and Cox have resided in one of the units since December 2020. The company is a "family corporation" owned by Timothy Hackett and his close family members. In addition to owning the rental building, it owns and operates Long Beach Lodge Resort. Read the CTV article. 

Age Bylaw Misinformation

Dear Tony: I live in a Penticton condo and we have a bylaw that prohibits the age of residents to 55 and over. One owner has a live in care giver who is 35, and another has a spouse under 55. The strata council have become very aggressive with these two residents and given notice they are in violation of the bylaws and subject to fines of up to $200 every 7 days until the situations are remedied. Our strata council doesn't seem to understand the bylaws of the corporation cannot override the Strata Property Act that provides exemptions for these different types of accommodations. Please help to clarify that their interpretation of the bylaws is not the only application for age restrictions. – Cherly D.

Dear Cheryl: When changes to the Strata Property Act are enacted that change the application, restrictions and enforcement to bylaws, they apply to existing bylaws. These changes have been made to pet restrictions, the prohibition of rental restrictions, and accommodations to the restrictions of Age bylaws. Age restrictions now include exemptions and accommodation for a number of different types of family members and services.

Read the full article by Tony Gioventu with CHOA.

Ending a Tenancy for Demolition or Conversion
In BC, a landlord can end a tenancy for the purpose of demolishing a rental unit by serving a Four Month Notice to End Tenancy for Demolition or Conversion (Form RTB-29). Prior to serving such a notice, the landlord must obtain all necessary permits and approvals required by law, and intend in good faith, to carry out the demolition. The Four Month Notice to End Tenancy specifically requires landlords to list all of the permits and approvals they obtained, the date of issuance, the name of the issuer, a description of the permit or approval, and the permit number. Landlords are additionally required to describe the work they plan to do respecting the demolition. One missed permit or approval can mean the end for this Notice to End Tenancy if it is subsequently disputed by a tenant. Read the full article by Andrea Fammartino with Alexander Holburn Beaudin + Lang LLP.

Ensuring Construction Workers Are Paid on Time
Engagement is now open to support the implementation of the new Construction Prompt Payment Act, which is designed to ensure fair, on-time payment for contractors and subcontractors. Engagement is taking place through the BC Construction Prompt Payment Act discussion paper. This paper has been distributed to partners in the construction industry to collect feedback through written submissions. This feedback will help ensure future policies and regulations reflect on-the-ground needs of the construction industry. Read the BC government news release. 

Failed Real Estate Completions in a Falling Market:
BC Supreme Court Clarifies Buyers' and
Sellers' Rights and Obligations
In a falling real estate market, failed completions on pre‑sale contracts can quickly turn into expensive litigation for both buyers and developers. In the recent decision in Rhythm Living Ltd. v. Pereira, 2026 BCSC 555, the BC Supreme Court (the "Court") confirmed that purchasers cannot easily walk away from a residential deal based on incomplete extras or emerging defect concerns, even where there are legitimate issues at the property shortly before closing. The decision reinforces that courts will generally enforce real estate contracts and will be reluctant to excuse completion obligations absent either clear contractual termination rights or truly fundamental problems affecting the property. Read the full article by Cobi Dayan with Miller Thomson.

When Lien Security Is on the Line: The Evidentiary
Standard to Lien for Delay Damages
In the fall of 2025, we reported on a British Columbia Supreme Court decision involving a dispute over electrical work on a heritage hotel redevelopment in Victoria. Since then, the Court has released another decision involving the same project, Mazzei Electric Ltd. v. Aragon (English Inn) Development Corp., 2026 BCSC 562 (Mazzei #2), which underscores that lien claimants must support the value of their claims with solid evidence. In the original July 2025 decision, Mazzei Electric Ltd. v. Aragon, 2025 BCSC 1435 (Mazzei #1), Mazzei's lien claim included a CA$2.3 million delay claim. The Court found that the delay claim was "anticipated" only and was not supported by evidence of actual work performed or materials supplied. As a result, the Court ordered that no security was required for the delay claim portion of the lien, and set security at the holdback amount of CA$285,717.88. Importantly, the Court noted that its order did "not prejudice the plaintiff from filing further liens in accordance with the Act." Read the full article by Chelsea Wilson and Megan Buchanan with Dentons.

Neighbourly Easement Dispute
Reaches BC's Highest Court
Property disputes between neighbours rarely reach the Court of Appeal without years of tension, competing interpretations of legal documents, and significant personal costs on both sides. The recent decision of Cook v. Massey is a textbook example of precisely this dynamic. What began as a subdivision in the small community of Chase (a routine real estate transaction) escalated into claims of trespass, private nuisance, fence encroachments, and an appeal that ultimately required British Columbia's highest court to weigh in on how easements should be interpreted in the context of residential construction. The appellants owned a property over which an easement had been registered in favour of their neighbours (the respondents). The core question was deceptively simple: what does that easement actually permit? The appellants argued the easement allowed nothing more than passage across a small triangular area of their land. The respondents maintained that the easement's language, particularly the phrase "all related purposes", was broad enough to cover stopping, loading and unloading, and temporary parking during the construction of their home. The trial judge sided largely with the respondents, and the Court of Appeal unanimously agreed that the trial judge had committed no palpable and overriding error in doing so. Read the full article published by Meridian Law Group.

Arbitrate or Litigate: Supreme Court of British Columbia
Reinforces the Potentially Broad Reach of Arbitration
Clauses in Construction Contracts
Construction contracts often include arbitration clauses, providing parties with an alternative path to dispute outside of court. In a recent BC Supreme Court decision, the Court ordered a stay of a lawsuit filed by an owner in favour of arbitration, concluding that although the owner was not technically a signatory to the construction contract containing the arbitration clause, there was an arguable case that the owner could be bound by the arbitration clause. The dispute arose from the construction of a rental housing development project located in Sooke, British Columbia. Robert Foster and GT Mann Contracting Ltd. (GT Mann) entered into a construction contract, which included an arbitration clause permitting the parties to refer disputes to arbitration following mediation. The project lands were owned by 2197 Otter Point Properties Nominee Ltd., a company for which Mr. Foster was the sole shareholder, director and officer. The owner was not a party to the construction contract. One month after project completion, GT Mann filed a builder's lien claim in the amount of CA$3,483,753.36, which was discharged from title by posting a lien bond as security. Following an unsuccessful mediation, GT Mann issued three settlement offers, each referencing Rule 9-1 of the Supreme Court Civil Rules, the rule for formal offers. Read the full article by Chelsea Wilson and Ju Hee Park with Dentons. 

Intestate Inheritance of a Family Home, the
Court's Interpretation of s. 33 of WESA
In Re: Boisvert, 2026 BCSC 195, Justice Hardwick writes the first judicial interpretation of section 33 of the Wills, Estate and Succession Act, SBC 2009, c. 13 ("WESA") and offers a thoughtful interpretation in her decision. Section 33 of WESA allows a surviving spouse to remain in the spousal home under court defined terms. This blog post outlines the applicable WESA provisions and examines the issues that may arise when a surviving spouse asserts rights over a property after their spouse dies intestate. Ms. Kathryn Boisvert ("Ms. Boisvert") owned a property in Smithers B.C. valued at approximately $600,000.00. Although she was the sole registered owner, she had lived on the property with her statutorily defined "spouse", Ralph Amies ("Mr. Amies"), for 29 years. Ms. Boisvert died intestate, leaving behind Mr. Amies, and her two children from a previous marriage. Read the full article by Jasmine Kang, April Wilkinson and Doris Vretenar with Harper Grey.

BC Case Comment: Undue Influence and
Resulting Trust – Personal Assistant
Ordered to Return Over $5 Million
You may have recently seen coverage of the decision of the B.C. Supreme Court in Beckman v. Vinci et al., 2026 BCSC 559 – it was reported on by CTV News and the National Post. The facts are striking, but the case is also a useful illustration of gratuitous transfers, the presumption of resulting trust, and undue influence – all concepts that come up regularly in estate litigation in British Columbia. Doug Beckman is a successful Kelowna entrepreneur living with Huntington's disease; a progressive, incurable neurological disease that causes both motor and cognitive impairment, including progressive dementia and resulting difficulties with judgment, planning, impulse control, decision-making, and insight. Read the full article by James Zaitsoff with BC Estate Litigation Blog. 

Good Drafting Isn't Good Enough: Why POAs
Need Shared Accountability
Every lawyer who has drafted a Power of Attorney (POA) knows what it's designed to do. Far fewer have had to reckon with how thoroughly it can fail – not because of bad drafting, but because of what happens after the document leaves the office. When surrounded by the right safeguards, POAs are among the most protective instruments in estate planning. When they aren't, they can become something else entirely: a mechanism for exploitation and abuse, and a liability for every institution asked to rely on them. Read the full article by Mallory Hendry with Canadian Lawyer. 

No Takebacks: BC Court Confirms Inter Vivos
Gift to Charity was Irrevocable
In British Columbia, individuals often take steps to move assets outside of their estate during their lifetime as part of their estate plan. There are various reasons why this is done: to ensure their wishes are fulfilled, to avoid potential wills variations claims, to minimize probate fees, or to seek more preferential tax outcomes for their families. There are several ways people can move assets outside of their estates – including through the making of gifts during their lifetimes, called inter-vivos gifts. But what happens when someone has made a gift of a significant asset and later changes their mind? Can a demand be made that a gift be returned? This issue was recently considered by the B.C. Supreme Court in Satguru Ram Singh Satsang Charitable Foundation v. Akalirai, 2026 BCSC 717 ("Satguru"). Read the full article by James Zaitsoff with BC Estate Litigation Blog.

BC Case Comment: Presumption of Resulting
Trust Rebutted in Dispute over
Jointly Held Family Home
What is the legal effect when a parent adds only some of their children as joint tenants on title to a property? This issue arises frequently in estate litigation. Disputes often occur when one child is added to the title of a parent's property or a bank account as a joint tenant with right of survivorship, while their siblings are not. These cases turn on whether the parent intended the asset to pass to the named child directly, or whether the child was instead holding the property ‘in trust' for the parent's estate. The distinction is important. If an asset passes by survivorship, it falls outside the estate and is not distributed under a will/intestacy (and may avoid wills variation claims). Where an adult child is added to title gratuitously, the law presumes they hold the beneficial interest for the parent during life and for the parent's estate on death. However, this presumption can be rebutted if the evidence shows the parent intended a gift, including a gift of the right of survivorship. The B.C. Supreme Court recently considered this scenario and the applicable legal principles in Rodrigues v. Berlinguette, 2026 BCSC 671. Read the full article by James Zaitsoff with BC Estate Litigation.