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Vol: VII – Issue: VII July 21, 2008 | |
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QUICKSCRIBE NEWS: Quickscribe Reporter Released Early Quickscribe has chosen to release the July Reporter a little early this month due to the significant number of changes which came into force over the last few weeks. Clearing up the confusion on carbon tax – is the gas tax 2.41¢/litre or 2.34¢/litre? — British Columbia's new surcharge is 2.34 cents per litre for regular gas. The Carbon Tax Act originally stated in Schedule 1 that the tax was going up by 2.41¢/litre, but the Act was then amended by B.C. Regulation 124/2008, which also made changes to the amount of tax on a number of other items. See Reg. 124/2008. For further information, you can also read the Times-Colonist article. Also view the Consumer Taxation branch updated webpage. When do Acts come into force? – Even though Acts are given Royal Assent, all or parts of that Act may not come into force immediately. The last section in many Bills is entitled "Commencement". This section, often in table form, will indicate when the various sections of the Bill come into force: it may be by Royal Assent, by Regulation, on a specific date in the future or on a specific date in the past, which makes it "retroactive". |
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FEDERAL LEGISLATION — For notification of federal amendments, we recommend you use our RSS feed. | ||
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ENERGY & MINES RELATED | |||
Act or Regulation Affected | Effective Date | Amendment Information | |
Energy Efficiency Standards Regulation 389/93 | June 27/08 | by Reg 171/2008 | |
Petroleum and Natural Gas Act | June 27/08 | by 2008 Bill 20 ss. 152(b),(g)-(i),(k)-(m), 163, 174-181, 185, 190, 191 & 195(b),(d)&(f) only (Reg 194/2008) Oil and Gas Activities Act | |
FAMILY, WILLS & ESTATES RELATED | |||
Family, Wills and Estates News: Courts weigh in on who is a common-law spouse The Tax and Estate Planning Group of Clark Wilson LLP recently published an article that deals with two recent cases in the British Columbia courts that have clarified different aspects of the question of when a common-law partner is entitled to a spousal interest in the estate of a person who died intestate. See the article Courts Weigh In. | |||
Act or Regulation Affected | Effective Date | Amendment Information | |
Child Care Subsidy Regulation
74/97 |
June 27/08 |
by Reg 169/2008 | |
Supreme Court Rules (221/90) | July 1/08 | by Reg 130/2008 | |
FOREST AND ENVIRONMENT RELATED | |||
Forest and Environment News: When do Acts, like 2008 Bill 31, come into force? – Even though Acts are given Royal Assent, all or parts of that Act may not come into force immediately. The Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008 is an example. The last section, the "Commencement" section, indicates that some of the amendments, for example to the Forest Act or the Environmental Management Act, are not yet in force and will be brought in by regulation. Climate change forces plants to higher ground Temperatures aren't the only thing rising as a result of climate change; researchers say plants are creeping to higher elevations in order to survive global warming. See News Story. Carbon capture and storage legislation: A Canadian Perspective As recently posted by the BCCL, and published in the Canadian Institute of Resources Law's newsletter Resources, this article by Nigel Bankes and Jenette Poschwatta provides a description and analysis of draft legislation from Australia on carbon capture and storage (CCS) and offers a critique from a Canadian perspective. See Carbon Capture article. BC government releases compliance summary The Ministry of Environment has released the first Quarterly Compliance and Enforcement Summary for 2008 which reports on compliance and enforcement actions taken across the entire ministry between Jan. 1, 2008 and March 31, 2008. It outlines:3 orders issued to prevent or stop impacts to the environment, human health or safety, 44 administrative licensing sanctions taken against individual or commercial hunters or anglers for committing certain offences, 266 tickets and 11 court convictions. See News Release. Forestry Law Reporter The second issue of the Quickscribe Forestry Law Reporter is scheduled to be published next month. We've had very positive feedback about this new service thanks for all of your comments! |
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Act or Regulation Affected | Effective Date | Amendment Information | |
Angling and Scientific Collection Regulation 125/90 | June 27/08 | by Reg 214/2008 | |
Applicability Regulation No. 5 (281/2003) | July 1/08 | by Reg 126/2008 | |
British Columbia Housing Management Commission Regulation 490/79 | June 25/08 | by Reg 156/2008 and by Reg 160/2008 | |
Carbon Tax Act | NEW July 1/08 |
c. 40 (SBC 2008) 2008 Bill 37; ss. 1-15, 17-18, 23-95 only; [ss. 16, 19-22 were were brought in June 1/08 by Royal Assent] as amended by Reg 123/2008 and by Reg 124/2008 | |
Carbon Tax Regulation 125/2008 | NEW July 1/08 |
see Reg 125/2008 amended by Reg 168/2008 | |
Closed Areas Regulation 76/84 | July 2/08 | by Reg 163/2008 | |
Duu Guusd Designated Area 73/2003 | REPEALED June 27/08 |
by Reg 180/2008 | |
Forest Act | June 27/08 | by 2008 Bill 8 ss. 1-3, 5-6 only (Reg 183/2008) Forests and Range Statutes Amendment Act, 2008 and by 2008 Bill 31 ss. 18(b),(d) only (Reg 184/2008) Greenhouse Gas Reduction (Emissions Standards) Statutes Amendment Act, 2008 | |
Forest Regions and Districts Regulation 123/2003 | June 27/08 | by Reg 176/2008 | |
Forestry Licence to Cut Regulation 221/2006 | June 27/08 | by Reg 184/2008 | |
Free Use Permit Regulation 335/99 | June 27/08 | by Reg 183/2008 | |
Haida Gwaii/Queen Charlotte Islands Designated Area 210/2005 | June 27/08 | by Reg 178/2008 | |
Haida Gwaii/Queen Charlotte Islands Designated Area No. 3 (251/2006) | June 27/08 | by Reg 179/2008 | |
Haida Gwaii/Queen Charlotte Islands Designated Area No. 4 (177/2008) | NEW June 27/08 |
see Reg 177/2008 | |
Hunting Licensing Regulation 8/99 | June 26/08 | by Reg 159/2008 | |
Hunting Regulation 190/84 | June 26/08 | by Reg 159/2008 | |
Interest Rates Under Various Statutes Regulation 386/92 | July 1/08 | by Reg 126/2008 | |
Lillooet Designated Area 301/2004 | June 27/08 | by Reg 181/2008 | |
Limited Entry Hunting Regulation 134/93 | July 1/08 | by Reg 79/2008 | |
July 2/08 | by Reg 163/2008 | ||
Management Unit Regulation 64/96 | July 2/08 | by Reg 163/2008 | |
Motor Vehicle Prohibition Regulation 196/99 | July 2/08 | by Reg 163/2008 | |
Park, Conservancy and Recreation Area Regulation 180/90 | June 27/08 | by Reg 196/2008 | |
Protected Areas of British Columbia Act | June 27/08 | by 2008 Bill 38 ss. 5(a), 7(part), 9(part), 11 only (Reg 161/2008) Protected Areas of British Columbia (Conservancies and Parks) Amendment Act, 2008 and by 2008 Bill 24 s. 3 only (Reg 195/2008) Parks and Protected Areas Statutes Amendment Act, 2007 | |
July 11/08 | by 2008 Bill 38 ss. 5(b), 7(part), 9(part) only (Reg 161/2008) Protected Areas of British Columbia (Conservancies and Parks) Amendment Act, 2008 | ||
Wildfire Regulation 38/2005 | June 27/08 | by Reg 213/2008 | |
Wildlife Act Commercial Activities Regulation 338/82 | July 2/08 | by Reg 163/2008 | |
Wildlife Act General Regulation 340/82 | June 26/08 | by Reg 159/2008 | |
HEALTH RELATED | |||
Act or Regulation Affected | Effective Date | Amendment Information | |
Community Living Authority Act | July 1/08 | by 2004 Bill 45 s. 32 only Community Living Authority Act | |
Drug Schedules Regulation 9/98 | June 27/08 | by Reg 200/2008 | |
Health Care Facility Designation Regulation 31/2004 | July 11/08 | by Reg 218/2008 | |
Health Emergency Regulation 471/74 | July 11/08 | by Reg 217/2008 | |
Pool Exemption Regulation 256/98 | June 27/08 | by Reg 185/2008 | |
Regional Health Boards Regulation 293/2001 | June 27/08 | by Reg 162/2008 | |
LABOUR & COMPANY RELATED | |||
Act or Regulation Affected | Effective Date | Amendment Information | |
Bonding Regulations 11/68 | June 27/08 | by Reg 165/2008 |
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July 1/08 | by Reg 126/2008 | ||
Class Size Regulation 245/2002 | June 27/08 | by Reg 205/2008 | |
College Pension Plan Regulation 95/2000 | May 29/08 | by Reg 153/2008 | |
Consumer Contracts Regulation 272/2004 | June 27/08 | by Reg 166/2008 | |
Employment and Assistance for Persons with Disabilities Regulation 265/2002 | July 7/08 | by Reg 170/2008 | |
Employment and Assistance Regulation 263/2002 | July 7/08 | by Reg 170/2008 | |
Financial Administration Act | June 27/08 | by 2007 Bill 23 s. 21 only (Reg 187/2008) Knowledge Network Corporation Act | |
July 1/08 | by 2008 Bill 37 s. 97 only (Reg 167/2008) Carbon Tax Act | ||
Financial Institutions Fees Regulation 312/90 | June 27/08 | by Reg 174/2008 | |
Forgiveness of Debts and Obligations Regulation 269/92 | June 27/08 | by Reg 172/2008 | |
Income Tax Act (BC) | July 1/08 | by 2008 Bill 2 ss. 43-45 only Budget Measures Implementation Act, 2008 | |
Income Tax (BC Family Bonus) Regulation 231/98 | July 1/08 | by Reg 136/2008 | |
International Financial Activity Regulation 327/2004 | Deposited June 27/08 |
effective retroactive to Feb. 20/08 and March 1/08 by Reg 186/2008 | |
Pension Benefits Standards Act | July 1/08 | by 2008 Bill 33 s. 67(a), 68 only (Reg 198/2008) Miscellaneous Statutes Amendment Act, 2008 | |
Pension Benefits Standards Regulation 433/93 | June 27/08 | by Reg 197/2008 and Reg 199/2008 | |
July 1/08 | by Reg 198/2008 | ||
School Act | June 27/08 | by 2007 Bill 23 s. 26
only
(Reg 187/2008) Knowledge Network Corporation Act |
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Securities Act | July 4/08 | by 2008 Bill 28 ss. 1, 16-18, 20, 40(c)&(f) only (Reg 206/2008) Securities Amendment Act, 2007 | |
Securities Rules Regulation 194/97 | July 4/08 | by Reg 215/2008 | |
Small Business Venture Capital Regulation 390/98 | June 27/08 | by Reg 209/2008 | |
Social Services Employers Regulation 84/2003 | June 27/08 | by Reg 203/2008 | |
Trust and Deposit Business Exemption Regulation 173/2008 | NEW June 27/08 |
see Reg 173/2008 | |
LOCAL GOVERNMENT RELATED | |||
Local Government News: Federal, provincial funds support vibrant communities More than 100 communities in B.C. will soon begin work on infrastructure projects that will improve their local environments, making them greener, more sustainable places to live, thanks to investments totalling $147 million from the Canada-B.C. Municipal Rural Infrastructure Fund (CBCMRIF). See News Release. Communities benefit from $5 million investment in SolarBC The Province is investing $5 million in the SolarBC program to encourage the installation of solar hot water heaters in homes, municipal buildings, schools, social housing and First Nations communities. See News Release. LoGo Notebook —Staples McDannold Stewart has posted the Spring and Summer 2008 issues of their LoGo Notebook which include informative articles on the new Public Health Act (Bill 23) which comes into force by regulation sometime in the future; the Local Government (Green Communities) Statutes Amendment Act, 2008 (Bill 27), some of which is in force and some of which will come into force on October 1, 2008; and the "Definitive Court Ruling on LGA Section 943", among others. See Spring LoGo Notebook and Summer LoGo Notebook. |
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Act or Regulation Affected | Effective Date | Amendment Information | |
Applicability Regulation 308/2003 | July 1/08 | by Reg 126/2008 | |
Assessment Act | June 27/08 | by 2008 Bill 11 ss. 1, 2(a)(part),(d), 3-4 only (Reg 208/2008) Small Business and Revenue Statutes Amendment Act, 2008 | |
British Columbia Railway Act | July 1/08 | by 2008 Bill 37 s. 96 only Carbon Tax Act | |
Columbia-Shuswap Regional District Regulation 340/90 | June 27/08 | by Reg 189/2008 | |
Consular Tax Exemption Regulation 26/86 | REPEALED July 1/08 |
by Reg 127/2008 | |
Consular Tax Exemption Regulation 127/2008 | NEW July 1/08 |
see Reg 127/2008 | |
Exempt Interests Regulation 302/90 | June 27/08 | by Reg 208/2008 | |
Financial Information Act | June 25/08 | by 2008 Bill 14 s. 19 only (Reg 158/2008) Transportation Investment (Port Mann Twinning) Amendment Act, 2008 | |
June 27/08 | by 2007 Bill 23 s. 22 only (Reg 187/2008) Knowledge Network Corporation Act | ||
Freedom of Information and Protection of Privacy Act | June 25/08 | by 2008 Bill 14 s. 20 only (Reg 158/2008) Transportation Investment (Port Mann Twinning) Amendment Act, 2008 | |
June 27/08 | by 2007 Bill 23 s. 23 only (Reg 187/2008) Knowledge Network Corporation Act | ||
Prescribed Classes of Property Regulation 438/81 | June 27/08 | by Reg 208/2008 | |
Prevention of Cruelty to Animals Regulation 231/95 | June 27/08 | by Reg 201/2008 | |
Resort Area Tax Regulation 134/2008 | July 1/08 | by Reg 134/2008 | |
Supportive Housing Property Valuation Regulation 208/2008 | NEW June 27/08 |
see Reg 208/2008 | |
Transportation Investment Act | June 25/08 | by 2008 Bill 14 ss. 1-18 only (Reg 158/2008) Transportation Investment (Port Mann Twinning) Amendment Act, 2008 and by 2008 Bill 43 ss. 126-134 only (Reg 157/2008) Miscellaneous Statutes Amendment Act (No. 2), 2008 | |
MISCELLANEOUS | |||
Act or Regulation Affected | Effective Date | Amendment Information | |
Firearm (Authorization) Regulation 373/80 | June 27/08 | by Reg 175/2008 | |
Knowledge Network Corporation Act | NEW June 27/08 |
c. 27 (SBC 2007) 2007 Bill 23 (Reg 187/2008) | |
Libel and Slander Act | June 27/08 | by 2007 Bill 23 s. 24 only (Reg 187/2008) Knowledge Network Corporation Act | |
Miscellaneous Registrations Regulation 81/2004 | July 1/08 | by Reg 126/2008 | |
Open Learning Agency Act | REPEALED June 27/08 |
Repealed by Reg 187/2008 | |
Wines of Marked Quality Regulation 79/2005 | July 11/08 | by Reg 216/2008 | |
MOTOR VEHICLE RELATED | |||
Motor Vehicle News: New B.C. booster seat law causes confusion Canadian families preparing for inter-provincial road trips this summer may not be aware of B.C.'s new laws governing car and booster seats for children, which took effect July 1. The new provincial law states children under nine years who are shorter than 4'9 must ride in a booster seat while in a vehicle. See the News Article. New Amendments to Commercial Transport Regulations Came into Force July 1 These amendments redefine the acceptable vehicle width and length. To view the details of these important changes please click on the appropriate links in list below. |
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Act or Regulation Affected | Effective Date | Amendment Information | |
Accident Report Threshold Regulation 191/2008 | NEW July 1/08 |
see Reg 191/2008 | |
Commercial Transport Regulations 30/78 | July 1/08 | by Reg 128/2008 | |
Motor Fuel Tax Act | July 1/08 |
by 2008 Bill 37 ss. 98-154 only Carbon Tax Act | |
Motor Fuel Tax Regulation 414/85 | July 1/08 | by Reg 168/2008 | |
Motor Vehicle Act | July 1/08 | by 2008 Bill 43 ss. 78, 80, 83, 85(b) & 87 only (Reg 191/2008) Miscellaneous Statutes Amendment Act (No. 2), 2008 | |
Motor Vehicle Act Regulations 26/58 | July 1/08 | by Reg 191/2008 and by Reg 218/2008 | |
Passenger Transportation Act | July 1/08 | by 2008 Bill 33 ss. 42-59 only (Reg 192/2008) Miscellaneous Statutes Amendment Act, 2008 | |
Passenger Transportation Regulation 266/2004 | July 1/08 | by Reg 192/2008 | |
Transportation Act Regulation 546/2004 | Deposited June 27/2008 |
effective retroactive to Mar. 31/08 by Reg 212/2008 | |
REAL ESTATE & BUILDERS LIEN RELATED | |||
Real Estate and Builders Lien News: The Strata Property Group of Clark Wilson LLP recently published some informative articles dealing with strata corporations. View the following articles: Common Expenses Can a Strata Corporation Reallocate if Unit Entitlement Appears Unfair? Access to Common Property by an Owner – Is it Limited? Do Strata Corporations Have to Accommodate Purchasers?. |
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Act or Regulation Affected | Effective Date | Amendment Information | |
Builders Lien Act | June 25/08 | by 2008 Bill 43 s. 2 only (Reg 157/2008) Miscellaneous Statutes Amendment Act (No. 2), 2008 | |
Manufactured Home Regulation
441/2003 |
June 27/08 | by Reg 190/2008 |
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Prohibition Regulation No. 8 (232/79) | REPEALED June 27/08 |
Repealed by Reg 188/2008 | |
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