Energy and Mines News:

Supreme Court of Canada Clarifies
Scope of Regulatory Discretion on
Environmental Assessments
In a unanimous decision released on January 21, 2010, the Supreme Court of Canada clarified the discretion of a federal responsible authority (RA) to make decisions with respect to the scoping of projects for purposes of the federal environmental assessment (EA) process. In MiningWatch Canada v. Canada (Fisheries and Oceans), the court overturned a Federal Court of Appeal decision that granted RAs discretion to scope a project to determine the type of EA process or "track" that will apply. The track determines the level of the intensity of the EA review. See the Full Article by Caroline Findlay and Angela Stolz at Blakes.

Family, Wills & Estates News:

B.C. Government Establishes Policy
for Domestic Violence
In the wake of the recent Coronor's inquest into the Peter Lee murder-suicide back in 2007, the government announced this month a number of policy initiatives including establishing a uniform policy for investigations of all instances of domestic violence and establishing a standard set of bail conditions to be requested for accused that have been identified as high-risk. See the News Release. Also see the "Findings and Recommendations as a Result of the Inquest".

B.C. Children's Advocate Takes Swipe
at Government
B.C.'s representative for Children and Youth has taken another shot at the government, saying the Ministry for Children and Family Development is not responding to her recommendations. Mary Ellen Turpel-Lafond recently said that the Ministry has failed to respond to two reports last year, one on children and crime and the other on housing. See the News Story as reported by CBC News.

Forest and Environment News:

New Legislation Promised at Recent
Truck Loggers Convention
At the recent Truck Loggers Convention, Premier Campbell promised delegates that he intended to table legislation to protect logging contractors when companies they work for have financial troubles. Forest and Range Minister Pat Bell also said legislation will be tabled this spring to strengthen the claim contractors have to be paid for logs they have delivered. See the News Story as reported by bclocalnews.com.

President of COFI Supports Move
to "Stand as a Whole" Stumpage System
Minister of Forest and Range Pat Bell's recent announcement that interior timber pricing will soon move to a "stand as a whole" stumpage system is welcome news. Not only is this much needed provincial policy but is particularly helpful for the developing bioenergy sector. See the President's Memo in the COFI newsletter.

B.C. Fish Farming Expansion Frozen
Fish farming on the West Coast won't be allowed to expand until at least December 2010, following a B.C. Supreme Court decision to give the federal government more time to take over the job of regulating the industry from the province. The decision by Justice Christopher Hinkson allows the transfer of power from B.C. to Ottawa to be postponed from February until mid-December. During that period, B.C. won't be allowed to grant any more licences or allow existing fish farms to expand. See the News Story as reported by the CBC.

Health News:

Health Care Trumps Drug Law: Court
Equating a "supervised injection site" where drug addicts consume heroin, cocaine and crystal methamphetamine to a hospital, the B.C. Court of Appeal has dismissed a federal government challenge aimed at closing the facility. See the News Story as reported by the National Post.

Labour and Company News:

Small firms suffer amid redundant
rules that cost province $4.8 billion a year
B.C.'s small businesses say they're snarled in red tape, and losing their battle with bureaucrats. In a new survey for the Canadian Federation of Independent Business, which represents 10,000 B.C. businesses, almost two-thirds of small firms say that government rules and the paperwork associated with them is the most troublesome issue facing them today. See the News Story and the Article by the Canadian Federation of Independent Business.

New Tax Measures in Effect
as of January 1, 2010
New personal and business tax measures that aim to save money for both individuals and businesses took effect January 1, 2010. The basic personal tax credit has been increased from $9,373 to $11,000 and several items of savings for businesses were introduced including an increase in the corporate income tax small business threshold to $500,000 from $400,000 and a reduction in the general corporate income tax rate from 11 percent to 10.5 percent (to be followed by a further reduction to 10 percent as of January 1, 2011). The measures were introduced in the September 2009 budget update, and enacted through the Budget Measures Implementation Act (No. 2), 2009, SBC 2009, chap. 14. See the Article as reported by the Continuing Legal Education Society of British Columbia.

Loss of Pension Benefits on
Termination – What are they Worth?
Pension benefits may be a significant part of an employee's compensation package. As a result, when an employer terminates an employee on a "without cause" basis, an employee is entitled to compensation for the loss of pension benefits associated with the termination. Although this principle is simple in theory, assessing the monetary value of the loss of pension benefits may be less straightforward. See the Story as reported by Clark Wilson LLP's Labour & Employment Practice Group.

Consumer Taxation Branch
Bulletin HRT 007, Municipal and Regional District Tax, has been updated to add new participating municipal and regional districts collecting the additional hotel room tax on accommodation sales, effective March 1, 2010.
Bulletin GEN 003, Appeals of Tax Assessments, Disallowed Refunds, or Other Determinations, has been completely rewritten to include the appeal processes for all of the tax acts administered by the ministry. For the latest Bulletins from the Consumer Taxation Branch, see What's New.

Local Government News:

New FCM Survey Shows Canadians Want
Federal Infrastructure Funding Protected
as Government Reduces Deficit
A new national survey released in Ottawa by the Federation of Canadian Municipalities (FCM) shows Canadians want the Government of Canada to protect investments in their local infrastructure as it eliminates its budget deficit. See the Federation of Canadian Municipalities Article.

Elections Task Force Launches
Consultation Website
The task force dedicated to reviewing issues related to B.C.'s local government electoral process has a new website www.localelectionstaskforce.gov.bc.ca to provide information on the existing system and collect written comments from the public. The task force is reviewing specific issues related to various local government elections topics, including campaign finance, the role of B.C.'s chief electoral officer in local government elections and terms of office. See the News Release.

Motor Vehicle News:

Tourists Visiting For Olympics
Face Same Cellphone Bans
Police have started to strictly enforce a month-old cellphone ban, just as tens of thousands of Olympic tourists unfamiliar with the new law begin to arrive in the province. The result could be a rather unwanted Games souvenir - a $167 fine for driving while using a hand-held mobile device. See the News Story as reported by the Globe and Mail.

Tinting car windows to avoid
cellphone tickets illegal
Police warned that drivers who tint windows to avoid cellphone tickets can face stiff fines. White Rock RCMP Const. Janelle Shoihet said that police have noticed an increase in tinted front side vehicle windows, which are illegal, since the cellphone driving ban was announced last year. See the News Story as reported by the Times Colonist.

Seaplane Doors Safety Reviewed
Transportation Safety Board investigators say the lack of safety doors on a seaplane that crashed near Saturna Island last year likely contributed to the death of six passengers, including an infant. See the News Story as reported by the CBC.

CVSE Issues Circular Advising on
Changes to BC's Permitting Policy
on Pipe & Steel Transport
British Columbia's policy on oversize pipe and steel products, limited product length to a maximum of 20.00 metres and a maximum overall length of 25.00 metres. British Columbia also allowed for the transportation of pipe and steel products with an overall length greater than 31.00 metres provided a steerable trailer was used for transportation. Therefore; there was a gap between 25.00 metres and 31.00 metres where BC did not permit the transportation of pipe and steel products. The above policy change addresses loads up to 31.00 metres. See the Official Circular.

Real Estate and Builders Lien News:

Strata Owners and Privacy Legislation
Many strata owners have complained of being denied important information (e.g. strata correspondence, financial information, legal opinions and contracts) to which they are entitled under sections 35 and 36 of the Strata Property Act. This denial is frequently accompanied by reference to "privacy legislation". If you are concerned about lack of transparency and accountability in the operation of a strata corporation because of "privacy legislation", here is your chance to speak out to BC legislators as they review freedom of information and privacy legislation. See Letter to Strata Owners from Deryk Norton, Editor, The Strata Advocate (formerly known as BC Strata Changes). See also the Special Committee to Review the Freedom of Information and Protection of Privacy Act website.