Energy and Mines News:

2009 Year-End Natural Gas and
Oil Rights Sales Hit $893M
B.C.'s natural gas and oil rights sales for December generated $172.3 million in bonus natural gas bids, bringing the 2009 calendar year total to just under $893 million, making it the third-best calendar year total in history, it was recently announced. See the News Release.

Forest and Environment News:

New Greenhouse Gas Reporting Regulation
Has Come into Force
The Reporting Regulation (see B.C. Reg. 272/2009 below) is a new regulation under the Greenhouse Gas Reduction (Cap and Trade) Act that has come into force and will require facilities to start quantifying emissions on January 1, 2010. The regulation will require facilities in British Columbia that emit over 10,000 tonnes of greenhouse gases annually to report their emissions. It is expected that approximately 200 facilities will be required to report annually under this regulation. The regulation has been designed to allow for a single reporting window with Environment Canada and for reporting simplicity for industry stakeholders. The regulation sets out requirements for facilities with greenhouse gas emissions from most activities within B.C. to report greenhouse gas emissions to the British Columbia Ministry of Environment. See the COFI newsletter.

B.C. Introduces New Recycling Regulations
Antifreeze and lead-acid batteries will be required to be part of producer-led recycling programs as a result of changes to B.C.'s recycling rules, it was recently announced. The addition of lead-acid batteries and antifreeze to the recycling regulation will require producers to develop, and submit for approval, recycling programs for these products by July 2011. This is the same year manufacturers will be required to add a bittering agent to ethylene glycol antifreeze under the antifreeze regulation, which was approved earlier this year to protect pets and children from the risk of poisoning. Antifreeze containers will also be included in recycling regulations. By July 2011, people will be able to recycle antifreeze and its container as easily as oil, pesticides and paint. See the News Release.

Reinstate B.C. Green Rebates: Advisory Group
There's a call for the B.C. government to reinstate a program that encourages energy conservation by offering homeowners up to $2,000 to retrofit their homes. The Citizens' Conservation Councils on Climate Action, an advisory group created by the B.C. government, is pushing to have the rebates brought back. The LiveSmart BC program was such a hit with the public that it ran out of money in August, two years before the end of the program's anticipated three-year lifespan. See the News Story as reported by the CBC.

Pacific Carbon Trust Sees Offset
Opportunities in Forest Products
Pacific Carbon Trust (PCT) is a Crown corporation set up to deliver quality BC-based greenhouse gas offsets to help clients meet their carbon reduction goals and support growth of BC’s low-carbon economy. By 2011, PCT expects to deliver as much as 1 million tonnes in carbon offsets to its corporate and public sector clients. See the COFI newsletter.

TimberWest wins Vancouver Island tax fight
in B.C. Supreme Court
Ruling is first victory by a forest company
in revolt against municipal rates
The B.C. Supreme Court has ruled that a tax hike levied against TimberWest Forest last year by the municipality of Campbell River is illegal, ordering the Vancouver Island city to reconsider the levy. The TimberWest ruling marks the first victory by a forest company in the growing tax revolt against municipal tax rates that the industry claims is driving it out of business. Justice Laura Gerow ruled that Campbell River city council had used its tax bylaw as a weapon to force TimberWest to rezone some if its forest lands within the municipality to residential use. TimberWest is not the only forest company to have challenged what it considers to be unfair tax rates. Catalyst Paper, with operations in four coastal forest communities, has also gone to court in its bid to have tax rates lowered on industrial operations, but lost and has appealed to the province to step into the fight. See the News Story as reported by the Vancouver Sun.

Municipal Taxation Bylaws Upheld in BC Supreme Court;
Catalyst Paper Will Appeal
The right of three more municipalities to tax a major industry to the hilt has been confirmed by B.C. Supreme Court. Rulings by Justice Peter Voith were released recently, dismissing almost all the points in three separate petitions where Catalyst Paper Corp. sought relief from high municipal taxes in Campbell River, Port Alberni and Powell River. Voith made a similar ruling concerning North Cowichan in October. See the News Story as reported by the Vancouver Sun.

Cosmetic Use of Pesticides in B.C.
Public Consultation Paper
In the August 25th 2009 Speech from the Throne, the B.C. government committed to consult British Columbians on "new statutory protections to further safeguard the environment from cosmetic chemical pesticides." The Ministry of Environment has prepared background information and identified consultation issues for discussion to build understanding about the subject and provide a structure for comments and feedback. See a PDF of the Consultation Paper.

Health News:

Community Health Employees Reach Agreement
A tentative agreement has been reached on a two-year contract for workers in the community health sector, it was recently announced. Community health employees include home-support workers who help the elderly in their own homes, alcohol and drug counsellors, staff at adult day centres as well as child development centres and those working in mental health group homes. Many people working in community health are employed by contracted agencies, while some work for the Province's health authorities. See the News Release.

Labour and Company News:

Securities Commission
Amendments are forthcoming to the Multilateral Instrument 11-102 Passport System (BC Reg 58/2008), and National Instrument 81-107 Independent Review Committee for Investment Funds (BC Reg 276/2006). In addition, the new BC Instrument 81-513 Self-Dealing (323/2009) will be posted as soon as possible after we receive them.

Consumer Taxation Branch
Bulletin SST 105, Motor Vehicle Parking, has been updated to incorporate the new parking sales tax rate increase from 7% to 21% effective January 1, 2010.
The Small Business Guide to Provincial Sales Tax (PST) has been revised for consistency with current ministry publications.
The following publications have been updated to reflect changes that were announced in the September Budget Update 2009. In addition, minor wording changes have been made to the publications for consistency and clarity. For an overview of the changes to provincial taxation statutes that were announced in September, refer to the Budget 2009 website.

• Notice 2008-023, British Columbia Carbon Tax Update
• Notice 2008-021, Notice to Fuel Sellers - Carbon Tax
• Notice 2008-020, Notice to Natural Gas and Propane Sellers - Carbon Tax
• Notice 2008-019, Registered Consumer - Carbon Tax
• Notice 2008-018, Registered Air Service and Registered Marine Service - Carbon Tax
• Notice 2008-028, Non-Registered Air or Marine - Carbon Tax
• Notice 2008-022, Self Assessing Carbon Tax
• Notice 2008-027, Carbon Tax Refunds - Deputy Collectors and Retail Dealers
• Notice 2008-026, Carbon Tax Refunds - Purchasers
• Notice 2008-040, Exempt Fuel Retailer Program
• Bulletin MFT 003, Bulk Agents - Coloured Fuels
• Bulletin MFT 005, Tax Rates on Fuel (this bulletin has also been rewritten to include information on tax rates for both motor fuel tax and carbon tax)
• Bulletin MFT 007, Fuel Used by the Oil and Gas Industry
• Bulletin MFT 008, International Fuel Tax Agreement and Motive Fuel User Permits
• Bulletin MFT 009, International Air Cargo - Fuel Tax Refund
• Bulletin MFT 010, Fuel Used by the Logging and Mining Industries

Local Government News:

New Rules in Place for Classifying Farm Properties
The provincial government has amended the Standards for Classification of Land as Farm Regulation to provide new rules for classifying properties as farm. Property owners and farmers who are currently split classified and can meet the requirements of the new rules, can apply to BC Assessment to have their properties reclassed wholly to farm status. See the CivicInfoBC article.

TimberWest wins Vancouver Island tax fight
in B.C. Supreme Court
Ruling is first victory by a forest company
in revolt against municipal rates
The B.C. Supreme Court has ruled that a tax hike levied against TimberWest Forest last year by the municipality of Campbell River is illegal, ordering the Vancouver Island city to reconsider the levy. The TimberWest ruling ruling marks the first victory by a forest company in the growing tax revolt against municipal tax rates that the industry claims is driving it out of business. Justice Laura Gerow ruled that Campbell River city council had used its tax bylaw as a weapon to force TimberWest to rezone some if its forest lands within the municipality to residential use. TimberWest is not the only forest company to have challenged what it considers to be unfair tax rates. Catalyst Paper, with operations in four coastal forest communities, has also gone to court in its bid to have tax rates lowered on industrial operations, but lost and has appealed to the province to step into the fight. See the News Story as reported by the Vancouver Sun.

Municipal Taxation Bylaws Upheld in BC Supreme Court;
Catalyst Paper Will Appeal

The right of three more municipalities to tax a major industry to the hilt has been confirmed by B.C. Supreme Court. Rulings by Justice Peter Voith were released recently, dismissing almost all the points in three separate petitions where Catalyst Paper Corp. sought relief from high municipal taxes in Campbell River, Port Alberni and Powell River. Voith made a similar ruling concerning North Cowichan in October. See the News Story as reported by the Vancouver Sun.

Anti-camping Bylaw's Unconstitutional Status Upheld by Court of Appeal
Staples McDannold Stewart has posted a client bulletin on anti-camping bylaws. See the Client Bulletin.

B.C. government increases liquor law fines by as much as 400%
Starting on Jan. 1, fines for liquor law offences doubled or increased four-fold from existing levels as the B.C. government attempts to discourage drunkenness. The increases affect the public, patrons of licensed establishments and servers for infractions such as underage drinking and public intoxication. This is the first fine increase for liquor violations in B.C. since 1986, and brings them more in line with other provinces. See the News Story as reported by the Vancouver Sun and the amendments to the Violation Ticket Administration and Fines Regulation (89/97) under the "Motor Vehicle" listing below.

Motor Vehicle News:

Drivers to receive grace period on cellphone ban
B.C.’s ban on driving while using a cellphone and other hand-held electronic devices cames into effect Jan. 1, but police will give drivers a one-month grace period to adapt to the change. Instead of tickets, police will hand out educational brochures to drivers throughout January. As of Feb. 1, officers will start writing tickets that carry $167 fines. Drivers with novice or learner’s licences will also get three penalty points. See the News story as reported by the Vancouver Sun.

Real Estate and Builders Lien News:

Amendments to the Strata Property Act
After many months of discussions and waiting, a number of significant changes to the Strata Property Act (the "SPA") have now been brought into force. In late October 2009, Bill 8, the Strata Property Amendment Act, [chap. 17, SBC 2009] was adopted by the government. However, it was not until December 11, 2009 that some, but not all, of the amendments were brought into force. There remain a few sections that are not yet in force, due to the need to either amend other legislation or to pass extensive regulations. In addition, there have been a few minor changes to the Strata Property Regulation (B.C. Reg. 43/2000). See the Article published by Clark Wilson LLP's Strata Property Practice Group.