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Vol: IX  –  Issue: VIII  –  August 2010

QUICKSCRIBE NEWS:

New Highlight Feature Introduced
We are pleased to announce a new feature that will make it easier for you to determine what, if any, amendments have come into force over the last 6 months. All sections that have been amended will be now be highlighted on the table of contents. This new enhancement will enable you to quickly glance over any law to see which sections have seen changes. Please note that at the time of this news release this feature is undergoing some minor last minute changes and may not be ready for viewing on all documents. Expect to see more enhancements in the coming months…


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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

Energy and Mines News:

B.C. cuts deal with natives to share mining revenues
For the first time in more than a century of mining in British Columbia, the provincial government has agreed to share the taxes it collects from a new mine with the aboriginal people on whose traditional territory the mine will operate. The revenue-sharing agreement means two Indian bands in the Kamloops area will get a cut of provincial taxes from the New Afton mine, a copper-gold project under construction about 10 kilometres west of Kamloops. The deal puts B.C. at the forefront of Canadian provinces in terms of addressing aboriginal involvement in the mining sector, one B.C. lawyer who specializes in aboriginal law said. See the Full Story as reported by the Globe and Mail.

The Low Down and Dirty:
Statutory Liability for Contaminated Site
Cleanup in British Columbia

A new article explores how existing legislation is used to promote the Ministry of Environment’s goal of clean and safe water and land. The article also explores the impact of this legislation on business, government and individuals. See the Full Article written by Krista Prockiw and Allyson Baker from Clark Wilson.

Cariboo local governments unite on prosperity mine project
The Cariboo Regional District Board and its member municipalities of Quesnel, Williams Lake, 100 Mile House and Wells expressed united support for the Prosperity Gold Copper Mine project proposed by Taseko Mines. A joint letter conveying the region’s strong support for the Prosperity Mine was sent to the Right Honourable Prime Minister Stephen Harper and Cabinet. The letter was presented by Cariboo-Prince George MP Dick Harris to the National Caucus on Thursday, August 5. See the News Release.

Proposed regulations to establish timelines
for environmental assessments

The Government of Canada is proposing new regulations that would establish mandatory timelines for the Canadian Environmental Assessment Agency (the Agency) when it is responsible for conducting comprehensive studies. The proposed Regulations would ensure that the Agency is accountable for conducting these environmental assessments within a prescribed timeline and in a predictable manner. See the Public Notice.

$98 million for August natural gas and petroleum sale
The August 2010 natural gas and petroleum sale resulted in over $98 million in bonus bids, bringing the calendar year total to over $760 million. The Aug. 25 sale offered 81 parcels in northeast B.C., covering 34,349 hectares, and sold 68 parcels covering 31,052 hectares. The average price per hectare for this sale is approximately $3,160. Key parcels in the sale included two drilling licences in the Kiwigana River area and twenty-two leases in the Blueberry area. See the
News Release.

Act or Regulation Affected Effective Date Amendment Information
CPC/CBT Projects Exemption Continuation Regulation (254/2010) NEW
Aug. 20/10
see Reg 254/2010
Aug. 24/10 by Reg 255/2010
FAMILY, WILLS & ESTATES RELATED

Family, Wills and Estates News:

Canadian parents more lenient
A study comparing Canadian parenting styles with those of families in France and Italy has found Canadian teens perceive they have the most freedom. The research, which was done at the University of Montreal, the Université de Rennes in France and Università Cattolica del Sacro Cuore in Italy, examined how parents fashion emotional bonds and exert behavioral control on adolescents. Of the three countries compared, Italian teens said their parents were most strict. See the Full Story as reported by the CBC.

Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
FOREST AND ENVIRONMENT RELATED

Forest and Environment News:

Cruise ships turn B.C. into 'toilet bowl of North America'
Waters off British Columbia are the "toilet bowl of North America" as dozens of cruise ships heading to and from Alaska dump sewage in Canadian waters, environmentalists say. U.S. regulations force cruise ships to follow stringent sewage treatment rules before disposing of waste in Alaska or Washington State. But the vessels can unload sewage into B.C. waters where rules are "lax." See the Full Story as reported by the Vancouver Sun.

B.C. forest fires worst in 12 years
The 2010 wildfire season has already charred more than 300,000 hectares of B.C. forest, an area larger than Metro Vancouver. That's more forest burned than any year since 1998, including the 2003 season that saw 33,000 people evacuated in the Okanagan and Thompson regions and 238 homes damaged or destroyed. Some of the fires currently burning are twice as large as the 2003 Okanagan Mountain Park fire, and parts of the B.C. Interior have been so obscured by smoke that the size and number of fires can only be estimated. See the Full Story as reported by the 100 Mile House Free Press.

Rapidly expanding B.C. parks system is underfunded: auditor-general
As BC Parks prepares to celebrate its 100th anniversary in 2011, a report by the auditor-general's office painted a damning portrait of a fast-expanding yet underfunded system unable to meet its stated commitment to protect ecological integrity. Parks without management plans. Parks too small or disconnected to be viable, especially for wide-ranging species such as grizzly bears. And parks that do not equitably represent the breadth of biodiversity across the province, including bunchgrass and coastal Douglas fir ecosystems. See the Full Story as reported by the Vancouver Sun.

The Low Down and Dirty:
Statutory Liability for Contaminated Site
Cleanup in British Columbia

A new article explores how existing legislation is used to promote the Ministry of Environment’s goal of clean and safe water and land. The article also explores the impact of this legislation on business, government and individuals. See the Full Article written by Krista Prockiw and Allyson Baker from Clark Wilson.

Environment minister releases compliance summary
Environment Minister Barry Penner released the first Quarterly Compliance and Enforcement Summary for 2010. This summary reports on compliance and enforcement actions including orders, administrative sanctions, tickets and court convictions taken across the entire ministry between Jan. 1, 2010 and March 31, 2010. This is the first quarterly compliance summary to name individuals ticketed under Ministry of Environment legislation, following amendments introduced by Penner in October 2009. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
Special Accounts Appropriation and Control Act Aug. 1/10 by 2010 Bill 9 s. 200 only (in force by Royal Assent) Consumption Tax Rebate and Transition Act
HEALTH RELATED

Health News:

Mentally ill man's suicide drives review of policies
The Vancouver Coastal Health Authority is reviewing the criteria for committing people to hospital against their will in light of the 2008 suicide of a man who suffered from schizophrenia. The authority says it will meet with provincial mental health leaders to come up with clear definitions under the Mental Health Act to determine when committal becomes an option. See the Full Story as reported by the Vancouver Sun.

Lyme disease: controversy with a bite
Lyme disease patients in British Columbia say they’re being forced to look outside the mainstream medical system for help. While health officials say a few hundred Canadians contract Lyme disease each year, patient advocates claim that’s a drastic underestimate. They say they’re given inadequate tests, denied medical treatment or told something else is causing the muscle and joint pain that leaves them unable to walk. See the Full Story as reported by the Vancouver Sun.

CMA Journal article backs drug injection site
An article in the Canadian Medical Association Journal slams the federal government for its efforts to shut down Insite in downtown Vancouver, Canada's only safe injection site for drug addicts. A co-author of the paper, Dr. Michael Rachlis, a professor of health policy at the University of Toronto, said he believes the federal government should stand aside, allow the centre to operate, and abandon an appeal to the Supreme Court. See the Full Story as reported by the CBC.

Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
LABOUR, COMPANY & FINANCE RELATED

Labour, Company and Finance News:

Domestic measures can't solve worker shortage
Canada could lessen its economic imperative to continue accepting new immigrants, but the realistic alternatives – although worth pursuing – won't be enough to take up the slack when baby boomers retire. That's the nub of the case made by the Conference Board of Canada in a new paper. See the Full Story as reported by the Vancouver Sun.

Consumer Protection BC is looking for feedback
Consumer Protection BC wants to hear about the issues of BC consumers. The organization has posted a consumer survey at www.consumerprotectionbc.ca that gives members of the public the opportunity to share their experiences. Consumer Protection BC has issued the following invitation to participate: "This survey is one way for us to continue to follow trends in the marketplace and identify consumer gaps." See the Full Story as reported by bclocalnews.com.

Consumer Taxation Branch
For the latest Bulletins from the Consumer Taxation Branch, see What's New.

Act or Regulation Affected Effective Date Amendment Information
College Pension Plan Regulation (95/2000) Sept. 1/10 by Regs 11/2009, as amended by Reg 124/2010, and 225/2010
Income Tax Act Sept. 1/10 by 2010 Bill 19, ss. 7, 11-15, 18 and 34 only (in force by Royal Assent) Finance Statutes Amendment Act (No. 2), 2010
Interactive Digital Media Tax Credit Regulation (187/2010) NEW
Sept. 1/10
see Reg 187/2010
International Business Activity Act Sept. 1/10 by 2010 Bill 19, s. 49 only (in force by Royal Assent) Finance Statutes Amendment Act (No. 2), 2010
LOCAL GOVERNMENT RELATED

Local Government News:

Quick Access to Municipal Act
You may now access the repealed Municipal Act the same way you access legislation that is still in force: from the left “Selected Documents” navigation column or using the Find Act/Regulation feature. Previously, this frequently accessed Act was only available from the Archives section. We hope the new location will make it more convenient for clients.

Victoria politicians say new liquor laws limit local control
Changes to provincial liquor regulations will limit the ability of municipalities to keep a lid on noise, operating hours and the number of seats in bars and licensed restaurants, say concerned local politicians. See the Full Story as reported by the Times Colonist.

Cariboo local governments unite on prosperity mine project
The Cariboo Regional District Board and its member municipalities of Quesnel, Williams Lake, 100 Mile House and Wells expressed united support for the Prosperity Gold Copper Mine project proposed by Taseko Mines. A joint letter conveying the region’s strong support for the Prosperity Mine was sent to the Right Honourable Prime Minister Stephen Harper and Cabinet. The letter was presented by Cariboo-Prince George MP Dick Harris to the National Caucus on Thursday, August 5. See the News Release.

CRD wastewater Amendment 8 approved by Province of BC
Amendment 8 to the Capital Regional District’s Core Area Liquid Waste Management Plan has received approval from the Province of BC. Approval of Amendment 8 represents a key step in gaining funding for the wastewater project; both federal and provincial funding agreements are pending. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
British Columbia Building Code Regulation (216/2006) Sept. 1/10 by Reg 232/2010
MISCELLANEOUS
Act or Regulation Affected Effective Date Amendment Information
There were no amendments this month.
MOTOR VEHICLE AND TRAFFIC RELATED

Motor Vehicle and Traffic News:

Canada's toughest impaired driving penalties start Sept. 20
Police across the province will be out in force in September armed with the toughest laws and penalties in the country against impaired drivers. “The new penalties will be a wake-up call because when September comes, drinking drivers can lose their driver’s licence, have their vehicle impounded, and pay costs that range from $600 to $3,750,” said Solicitor General Michael de Jong, QC. See the News Release.

CVSE issues new permits
The Commercial Vehicle Safety and Enforcement (CVSE) office issued the following new permits:

  • Form 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 – August 19, 2010
  • Form T-49 – To be used to permit the operation of stinger steered transporters, hauling automobiles, campers, or boats – August 10, 2010
Act or Regulation Affected Effective Date Amendment Information
Inspection Standards (Safety and Repair) Regulation (103/2002)
REPEALED
Aug. 30/10
by Reg 256/2010
Vehicle Inspection Regulation (256/2010) NEW
Aug. 30/10
see Reg 256/2010
REAL ESTATE & BUILDERS LIEN RELATED

Real Estate and Builders Lien News:

Housing market feels impact of HST introduction
The new harmonized sales tax recently introduced in British Columbia and Ontario had an immediate impact on the housing market, according to the Canadian Real Estate Association. The Ottawa-based group, which represents 100 boards across the country, said July sales plunged 6.8% on a seasonally adjusted basis from a month ago, a decline “almost entirely the result of fewer sales in British Columbia and Ontario.” The two provinces accounted for 85% of the change in national activity. See the Full Story as reported by the Vancouver Sun.

Government-imposed costs are just the tip of the iceberg in home ownership
With taxes, levies, fees and restrictive rules adding nearly $80,000 to the cost of an average new home in Metro Vancouver, it’s easy to finger governments as a bad guy in driving housing costs sky-high. But that’s just the obvious. Government influence on house prices – not all of it for wrong reasons – is far greater than that. See the Full Story as reported by the Vancouver Sun.

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