Energy and Mines News:

Community-Based Initiatives
Announced For Oil And Gas
It was recently announced that a package of innovative, community-based initiatives related to oil and gas development has been created to enhance community life and improve relations between landowners and industry in northeastern B.C. Several program and regulatory areas, including those identified in the BC Energy Plan, have been developed. See the News Release.

BC Strengthens Position Against
Uranium Development
Following a request by the Province's Environment and Land Use Committee, the Lieutenant-Governor in Council has issued an order-in-council to prevent permits from being issued for uranium and thorium exploration and development in B.C. See Order in Council 208 and the Information Bulletin.

Forest and Environment News:

Amendments Strengthen Community
and Woodlot Tenures
Changes to the Forest Act will cut red tape for woodlots and improve operating certainty for community forests, it was recently announced. Under 2009 Bill 13, the Forest Amendment Act, 2009, community forest agreements will be issued for a replaceable term of 25 years, and five-year probationary community forest agreements will be eliminated. Current probationary agreement holders will be able to transition to a 25-year term at any time prior to the expiry of their agreement. See the News Release.

Net Earnings For Canadian Forest
and Paper Industry Drops Even Further
The Canadian forest, paper and packaging industry has not been immune to the economic downturn. Indeed, aggregate fourth quarter 2008 net earnings of 13 of the largest Canadian FPP companies plummeted to -C$1.3 billion from -C$226 million in Q3 2008 and -C$438 million in Q4 2007. See the News Story as published by CNW Group.

Low Blend Bio-diesel to be
Mandatory in 2010
BC’s Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act will have a five per cent minimum annual average renewable content in gasoline and diesel, beginning in 2010. This means people can expect to be buying diesel next winter that has some level of bio diesel content. According to Paul Landry, CEO of the BC Trucking Association, in areas where winter climates don’t allow for 5% bio content, it will probably be 2%, which has been successfully tested for winter use in Alberta. That means that other areas of the province will likely have a higher proportion, in order to maintain the provincial average of 5%. See the News Story in "Rumblings".

Fish Passage at Stream Crossings -
Special Investigation Report
This Forest Practices Board report presents the results of an investigation of fish passage at stream crossings in 19 watersheds in the central and northern interior and on Vancouver Island, British Columbia. In total, 1,110 crossings of fish‐bearing streams were examined. Each watershed had a mix of crossings built before the implementation of the 1995 Forest Practices Code of British Columbia Act (the Code), after the implementation of the Code, and also after the replacement of the Code with the Forest and Range Practices Act (FRPA) in 2004. See the Full Report.

Plants: A Source Of "Green" Plastic?
Most plastics are derived from fossil fuels, but new research suggests that soon it may be possible to "grow" plastics. With around 100 million tonnes of plastics used each year worldwide, finding a renewable and biodegradable source of plastics could help reduce both carbon emissions and landfill waste. See the News Story as reported by "Environmental Expert".

Health News:

Legislation coming into effect
In early April, several new Acts, or parts of them, will be coming into force: Pharmacy Operations and Drug Scheduling Act, Health Care Costs Recovery Act, E-Health (Personal Health Information Access and Protection of Privacy) Act. In addition there will be some new regulations, including the Access to PharmaNet Regulation (B.C. Reg. 117/2009) and the Dentists Regulation (B.C. Reg. 415/2008)

BC Law Banning Smoking
in a Car with A Child
Last spring, the government passed legislation to ban smoking in vehicles when a child under the age of 16 is present. Anyone caught in B.C. smoking in a vehicle with a child will have to pay a $109 fine. The new regulations are set to take effect April 7. See the News Story in the Vancouver Sun.

Labour and Company News:

Government Regulates Payday Lenders
In early March, it was announced that new regulations will be coming for payday lenders which will help protect consumers who apply and receive short-term loans. Payday loan companies will need to be licensed by the Business Practices and Consumer Protection Authority (BPCPA) as of November 1, 2009. See the News Release and a related News Story in "The Hook".

Labour Mobility Act Will Allow Professionals from Other Provinces to Practice in BC
The Labour Mobility Act (Bill 9), which passed first reading on March 12, 2009, will if passed allow certified workers from other jurisdictions in Canada to practice their occupations in BC pursuant to Chapter Seven (Labour Mobility) of the Agreement on Internal Trade. Companion legislation to be introduced in the other provinces will allow BC professionals to practice in other jurisdictions as well. See the story by the Continuing Legal Education Society of British Columbia and the News Release.

Trade, Investment, and Labour Mobility
Agreement Implementation Act
The OICs to bring into force sections of the Trade, Investment, and Labour Mobility Agreement Implementation Act, to consequentially amend the Business Corporations Act, Partnership Act and Cooperative Association Act had been approved and ordered with an effective date of March 30, 2009 (OIC 189/2009 (Reg 88/2009); OIC 190/2009 (Reg 89/2009); and OIC 191/2009 (Reg 90/2009)). However, the Trade, Investment, and Labour Mobility Agreement (TILMA) legislative changes for Alberta have been delayed. As a result, the British Columbia Orders in Council (OICs) supporting TILMA-related legislative changes to the Business Corporations Act, Cooperative Association Act and Partnership Act have been revised to remove the effective date of March 30, 2009. See OIC 252 (Reg 132/2009); OIC 253 (Reg 131/2009); and OIC 254/2009 (Reg 130/2009).

Consumer Taxation Branch
Bulletin SST 042, Motor Vehicle Dealers and Leasing Companies, has been updated in the sections on Alternative Fuel Vehicles and Fuel Efficient Vehicles to reflect new public information on lists of qualifying 2009 alternative fuel and fuel efficient vehicle models. See the Bulletin and other News regarding consumer taxes.

Local Government News:

Citizens are left on their own to guard against
electoral irregularities in municipal elections
The B.C. Liberal government has gone far beyond convention in silencing opposition during the May election campaign with its gag law on third-party advertising. Yet the same Liberal government allows a virtual free-for-all during municipal elections. See the Vancouver Sun news article.

LoGo Notebook
Staples McDannold Stewart has posted the Winter 2009 issue of their LoGo Notebook which includes informative articles entitled "Free Camping in Parks", "Local Government's Duty to Consult with First Nations" and "Can the Court of Appeal Suspend a Trial Order Setting Aside a Local Government Bylaw?" among others. See the Winter LoGo Notebook.

Real Estate and Builders Lien News:

Section 144 Hardship
An informative article was published by Pat Williams of Clark Wilson: Based upon the number of calls received from managing agents, strata councils and owners, it appears that an exemption from complying with a rental restriction or prohibition bylaw is a misunderstood concept of the Strata Property Act and one that causes a great deal of angst among neighbours. It must be acknowledged that, if an owner is making a claim for hardship, renting their lot would otherwise result in a contravention of the rental restriction bylaw – hence the request to be exempted. Those strata councils that are automatically refusing hardship requests because the strata corporation has passed a bylaw restricting or prohibiting tenants are unreasonably refusing hardship applications. . See the complete Article.

New Legislation Intended to Protect
Strata Owners and Consumers
New amendments to the Strata Property Act (2009 Bill 12) will improve the dispute resolution process for strata corporations and strata owners, while offering greater protection for owners and consumers, it was recently announced. Other amendments to the act may prevent disputes from arising in the first place by increasing the availability of information and improving accountability for strata owners and purchasers. These measures include requiring a strata corporation to obtain depreciation reports and audited financial statements as well as enhancing owners' rights to access this information. See the News Release.