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Vol: VIII  –  Issue: V      May 2009

QUICKSCRIBE NEWS:

"Slow Down/Move Over" law
takes effect in B.C. on June 1st

Beginning June 1, drivers in B.C. will be required to slow down and move over when passing parked emergency vehicles that have their lights flashing. New regulations under the Motor Vehicle Act mean motorists must slow to 70 km/h on highways where the speed limit is 80 km/h or higher - and to 40 km/h where the limit is below 80 km/h - when approaching a stopped emergency vehicle that has its lights flashing. See the Information Bulletin.

Carbon Tax Rate Changes
Purchasers and users of fuels in British Columbia are advised that carbon tax rates will increase effective July 1, 2009 to June 30, 2010. In addition, deputy collectors or retail dealers are advised that they are required to report their fuel inventory after midnight on June 30, 2009. There is also a change in date to report carbon tax rates on sales invoices from June 30, 2009 to December 31, 2009. See the Consumer Taxation Branch Notice.

New Quickscribe Reporter Release Date
Please note that Quickscribe Reporters will now be released sometime within the first week of every month. Our rationale for moving the date is to accommodate the ever-increasing number of changes that come into force at the very end or beginning of each month. This Reporter includes the June 1 amendments. The next Reporter is scheduled for release in the middle of July due to an expected slow down of legislative activity and staff vacations.

Bill Tracker – Coming Soon!
Quickscribe is currently working on a new alert service that will notify you BEFORE important changes come into law. The new feature will also help you keep track of consequential amendments to legislation that you identify as being relevant to your area of interest. Stay tuned…

Tip: Log in to Quickscribe Online prior to clicking Reporter links.


FEDERAL LEGISLATION — For notification of federal amendments, we recommend you use our RSS feed.

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ENERGY & MINES RELATED

Energy and Mines News:

$10 Million for May Oil and Gas Rights Sale
The May 20, 2009 sale of oil and gas rights in British Columbia generated $10 million in bonus bids. Fifty-one parcels covering 31,559 hectares in northeast B.C. were offered, and bids were accepted on 45 parcels covering 20,892 hectares with an average price of $488 per hectare. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
Energy Efficiency Standards Regulation (389/93) June 1/09 by Reg 100/2009
FAMILY, WILLS & ESTATES RELATED
Act or Regulation Affected Effective Date Amendment Information
Adoption Regulation (291/96)
June 1/09 by Reg 423/2008
FOREST AND ENVIRONMENT RELATED

Forest and Environment News:

B.C. Interior Faces High Risk of
Catastrophic Forest Fires

Many communities in the B.C. Interior are at significant risk of potentially catastrophic forest fires this summer, because critical prevention work promised by the government has not been done, a forestry expert said this month. See the News Story as reported in the CBC.

Ottawa Threatens Fight
with U.S. Over Pulp

The federal government is threatening to take the United States to the World Trade Organization over alleged subsidies worth $8-billion (U.S.) a year being paid to American pulp mills to produce "black liquor." See the News Story as reported in the Globe and Mail.

New Contract Expands Bioenergy
Opportunities in B.C.

BC Hydro and Tembec have expanded their bio-energy opportunities in B.C. by coming to an agreement which will increase BC Hydro's purchase of clean, firm and cost-effective electricity from Tembec's Skookumchuck pulp mill. See the News Story as reported on InvermerevalleyEcho.com.

Efforts to protect fish habitat
have been inadequate

Fisheries and Oceans Canada and Environment Canada cannot demonstrate that they are adequately protecting fish habitat as the Fisheries Act requires them to do, says Scott Vaughan, Commissioner of the Environment and Sustainable Development, in his Report tabled today in the House of Commons. His Report notes that in the 23 years since the Habitat Policy was adopted, many parts of it have not been implemented by Fisheries and Oceans Canada. See the News Story from the Office of the Auditor General of Canada.

Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
HEALTH RELATED
Act or Regulation Affected Effective Date Amendment Information
Emergency and Health Services Act (formerly Health Emergency Act) June 1/09 by 2003 Bill 62 s. 45 only (Reg 423/2008) Health Professions Amendment Act, 2003
Health Act Communicable Disease Regulation (4/83) May 21/09 s. 6.3 repeals itself (amended by 115/2007; amended again by 70/2008)
Health Care Consent Regulation (20/2000) June 1/09 by Reg 423/2008
Health Professions Designation Regulation (270/2008) June 1/09 by Reg 423/2008
Health Professions Act June 1/09 by 2003 Bill 62 s. 17 only (Reg 423/2008) Health Professions Amendment Act, 2003; 2006 Bill 29 ss. 10, and 7 as it applies to 15.1(3) only (Reg 423/2008) Health Statutes Amendment Act, 2006
Hospital Act Regulation (121/97) June 1/09 by Reg 423/2008
Medical Practitioners Act Repealed
June 1/09
chap. 285 [RSBC 1996] repealed by 2003 Bill 62 s. 58(c) only (Reg 423/2008) Health Professions Amendment Act, 2003
Medical Practitioners Regulation (416/2008) New
June 1/09
see Reg 416/2008
LABOUR & COMPANY RELATED

Labour and Company News:

TILMA in Effect
As noted in the last Reporter, the Trade, Investment and Labour Mobility Agreement (TILMA) legislative changes came into force on April 27. TILMA is a comprehensive agreement on trade, investment and labour mobility that applies to all sectors of the economy in Alberta and British Columbia. Please Note: The related amendments to legislation affected by this agreement were originally intended to come into effect on March 30, 2009 but were subsequently delayed pending the passage of Alberta legislation. Those amendments plus the new regulations are included in this Reporter.

Stemming the tide of e-waste
We love our technology, particularly when it's newer, smaller and faster. But our upgrade culture is starting to create an overwhelming amount of waste. According to the UN Environment Program, each year we throw away an estimated 50 million metric tonnes of electronics waste. The industry is starting to look for better solutions than shipping electronic components overseas for disposal. See the News Story as reported in the Vancouver Sun.

Act or Regulation Affected Effective Date Amendment Information
Approved Plan Regulation (143/2005) June 1/09 by Reg 423/2008
Business Corporations Act Apr. 27/09 by 2008 Bill 32 ss. 7 to 24 only (Reg 88/2009 as amended by Reg 132/2009) Trade, Investment and Labour Mobility Agreement Implementation Act
Cooperative Association Act Apr. 27/09 by 2008 Bill 32 ss. 30 to 34 only (Reg 89/2009 as amended by Reg 131/2009) Trade, Investment and Labour Mobility Agreement Implementation Act
Employment and Assistance for Persons with Disabilities Regulation (265/2002) June 1/09 by Reg 423/2008
Employment and Assistance  Regulation (263/2002) June 1/09 by Reg 423/2008
Employment Standards Regulation (396/95) June 1/09 by Reg 423/2008
Extraprovincial Associations and Corporations from a Designated Province Regulation (89/2009) New
Apr. 27/09
see Reg 89/2009 as amended by Reg 131/2009
Extraprovincial Companies and Foreign Entities from a Designated Province Regulation (88/2009) New
Apr. 27/09
see Reg 88/2009 as amended by Reg 132/2009
Extraprovincial Limited Liability Partnerships and Limited Partnerships from a Designated Province Regulation (90/2009) New
Apr. 27/09
see Reg 90/2009 as amended by Reg 130/2009
Partnership Act Apr. 27/09 by 2008 Bill 32 ss. 71 to 75 only (Reg 90/2009 as amended by Reg 130/2009) Trade, Investment and Labour Mobility Agreement Implementation Act
Public Service Labour Relations Act June 1/09 by 2003 Bill 62 s. 55 only (Reg 423/2008) Health Professions Amendment Act, 2003
Security Services Regulation (207/2008) May 29/09 by Reg 161/2009 which amends the table in s. 19(4) and amends OIC 438/2008 (Reg 207/2008)
June 1/09 s. 19(1)(c) of this reg. is repealed by s. 19(4), see Reg 207/2008
Tobacco Tax Act Regulation (66/2002) June 1/09 by Reg 106/2008
LOCAL GOVERNMENT RELATED

Local Government News:

Court Rules White Rock Councillor's Lies
Make Election Invalid

The Supreme Court of British Columbia recently declared the election of James Coleridge invalid under Section 145(2) of the Local Government Act. Former councillor Matt Todd petitioned the court to make the declaration, alleging that Coleridge either authored or authorized the publication of an e-mail in which misleading and untrue accusations were leveled against his political rivals, including Todd, and then lied about who wrote the e-mail. See the News story as reporter by the CBC.

Judge orders council to approve
unpopular condo complex

A B.C. Supreme Court judge has ordered White Rock city council to issue a development permit for a six-storey building after finding the city unlawfully rejected the project because of public opposition. Justice Janice Dillon ruled Friday the city acted "in excess of its jurisdiction" when it refused to give Jacqueline and Robert Yearsley permission to build a condominium and commercial project on Victoria Avenue in the city's waterfront business district. See the News Story as reported by the Vancouver Sun.

Judge Rules Compensation for Business
Disrupted by Public Works Project

For years, Susan Heyes was a lone voice arguing that public-works projects can be a very big nuisance and that -- public good aside -- individuals and businesses shouldn't have to bear that burden. B.C. Supreme Court Justice Ian Pitfield recently sided with Heyes, overturning the long upheld position that because projects like the Canada Line are for the good of everyone and because they are paid for by everyone, no compensation was necessary for any nuisance caused. See the News Story as reported in the Vancouver Sun.

Act or Regulation Affected Effective Date Amendment Information
Additional Tax Regulation (City of Burnaby)  (163/2004) Repealed
June 1/09
by Reg 73/2009
Additional Tax Regulation (City of Parksville, Town of Qualicum Beach) (9/2005) Repealed
May 1/09
by Reg 72/2009
Additional Tax Regulation (District of Wells)  (125/2004) Repealed
June 1/09
by Reg 74/2009
Additional Tax Regulation for the City of Burnaby (73/2009) New
June 1/09
see Reg 73/2009
Additional Tax Regulation for the District of Wells (74/2009) New
June 1/09
see Reg 74/2009
Additional Tax Regulation for the Oceanside Tourism Association (72/2009) New
May 1/09
see Reg 72/2009
Additional Tax Regulation for the Regional District of Nanaimo (293/2005) Repealed
May 1/09
by Reg 72/2009
Bylaw Notice Enforcement Regulation (175/2004) May 1/09 by Reg 110/2009
Demand-Side Measures Regulation (326/2008) June 1/09 by s. 2(2) which repeals s. 2(1), see Reg 326/2008
Eligible Entities Regulation (73/2004) May 1/09 by Reg 72/2009
Interpretation Act June 1/09 by 2006 Bill 29 s. 32 only (Reg 423/2008) Health Statutes Amendment Act, 2006
Taxation (Rural Area) Act Regulation (387/82) May 1/09 by Reg 160/2009
MISCELLANEOUS
Act or Regulation Affected Effective Date Amendment Information
Criminal Records Review Act June 1/09 by Reg 423/2008
Evidence Act June 1/09 by 2006 Bill 29 s. 1(a)(part) only (Reg 423/2008) Health Statutes Amendment Act, 2006
Private Career Training Institutions Act June 1/09 by 2008 Bill 43 ss. 104, 105, 108 (b)&(c) and 109 to 111 (Reg 350/2008) Miscellaneous Statutes Amendment Act (No. 2), 2008
Private Career Training Institutions Regulation (466/2004) June 1/09 by Reg 350/2008
MOTOR VEHICLE RELATED

Motor Vehicle News:

Motor Vehicle Act Requirements
Apply to Cyclists Too

There is good news and bad news for Vancouver cyclists. The bad news is that during June, Bike Month in the city, traffic cops will be ticketing cyclists who violate the rules of the road. The good news is that they'll mostly be handing out "information tickets" which will list all the possible violations cyclists can commit – and just how much they'd be on the hook for if they get caught when the police are more focused on enforcement than education. Cyclists can be dinged for $109 for riding without a bell, another $109 for not having a red reflector on the rear of the bike or a light on the front. Talking on a cellphone while wheeling down the road is also worth $109. See the News story as reported in the Vancouver Sun.

CVSE Issues Trailer Inspection Order
This notice lists the classes of commercial trailers that are EXEMPT from inspections required under Motor Vehicle Act Regulation Division 25.01(2)(f). See the Official Notice.

CVSE Releases T-60
Approved routes for operating a vehicle using overwidth bunks to a maximum of 2.9 metres when accessing stands of beetle killed wood. See the Official Notice.

Act or Regulation Affected Effective Date Amendment Information
Insurance Corporation Act June 1/09
by 2003 Bill 62 s. 48 only (Reg 423/2008) Health Professions Amendment Act, 2003
Insurance (Vehicle) Regulation (447/83) June 1/09 by Reg 423/2008
Motor Vehicle Act May 1/09 by 2008 Bill 43 ss. 73(b) to (d), 75, 76 and 85(a)(ii) (Reg 147/2009) Miscellaneous Statutes Amendment Act (No. 2), 2008
Motor Vehicle Act Regulations (26/58) May 1/09 by Reg 147/2009
June 1/09 by Reg 148/2009
Motor Vehicle Fees Regulation (334/91) May 1/09 by Reg 147/2009
Permitted Cost of Services (Canadian Citizenship Indication) Regulation (127/2009) New
May 1/09
see Reg 127/2009
Violation Ticket Administration and Fines Regulation (89/97) June 1/09 by Reg 149/2009
Voluntary Identification Card Regulation (465/88) May 1/09 by Reg 147/2009
REAL ESTATE & BUILDERS LIEN RELATED

Real Estate and Builders Lien News:

B.C.'s plunging real estate
prices levelling off
Plunging prices in B.C.'s residential real estate market are levelling off, according to the latest forecast issued by the British Columbia Real Estate Association. See the News Story as reported by the CBC.

Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
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