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Vol: IX  –  Issue: XII  –  December 2010

QUICKSCRIBE NEWS:

New Tools to Track Progress of Legislation - Coming Soon!
Quickscribe is pleased to report that we will soon launch a series of new tools designed to make it easier than ever to keep abreast of legislation activities. These features include a new dynamic Bills table displaying the progress of legislation while the Legislature is in session, an informative BC Legislative Digest email and an easy-to-use status checker that will enable you to quickly review the status of new legislation as it relates to a particular Bill/Act. We are very excited about this unique initiative and we are confident that these tools will make your job easier. More information coming soon…

Substantial Amendments to Securities Act regulations
Many of the National Instruments under the Securities Act are being amended effective the end of December or January 1, 2011. Quickscribe will be posting these as quickly as possible. PDFs of the Orders in Council can be viewed by clicking the OICs button and looking under the December 2010 listing.

Happy New Year!
Quickscribe would like to take this opportunity to wish you all a Happy New Year and a very prosperous 2011.


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

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CATEGORIES
 

ENERGY & MINES RELATED

Energy and Mines News:

New Efficient Light-bulb Standards Take Effect in B.C.
New standards promoting energy-efficient light bulbs and phasing out of older incandescent bulbs are now in effect. The Ministry of Energy states that effective Jan. 1 retailers can only continue to carry the old incandescent 75 and 100-watt bulbs until their stock runs out, although other incandescent wattages can continue to remain on store shelves. See the Full Story as posted by the Vancouver Sun.

Canada's Western Provinces Sign Pact To Harmonize Oil, Gas Laws
Canada's three energy-rich western provinces signed an agreement recently to harmonize regulations affecting the oil and gas industry in an effort to allow labour and investment to flow more freely among them. The governments of Alberta, British Columbia and Saskatchewan signed a memorandum of understanding in which they will try to synchronize regulations for work qualifications, safety and transportation standards and energy development permits. The agreement comes as the growing energy industry in Canada is trying to secure access to a larger skilled work force. It also follows the creation in April of the New West Partnership among the three provinces—an informal alliance in which the three have tried to jointly promote the interests of their resource-based economies. See the Full Story by Edward Welsch, Of DOW JONES NEWSWIRES.

Act or Regulation Affected Effective Date Amendment Information
First Nations Clean Energy Business Fund Regulation (377/2010) NEW
Dec. 20/10
see Reg 377/2010
Geothermal Resources Act Dec. 6/10 by 2008 Bill 20, c. 36, ss. 131(b) only (Reg 274/2010 as amended by Reg 357/2010) Oil and Gas Activities Act
Oil and Gas Activities Act Dec. 6/10 by Reg 357/2010
Petroleum and Natural Gas Act Dec. 6/10 by Reg 357/2010
Smart Meters and Smart Grid Regulation (368/2010) NEW
Dec. 15/10
see Reg 368/2010
Utilities Commission Act Dec. 6/10 by Reg 357/2010
FAMILY, WILLS & ESTATES RELATED

Family, Wills and Estates News:

Changes to Criminal Records Review Act
Require Background Checks for Care Givers

Individuals working with children or vulnerable adults and have unsupervised access to children or vulnerable adults must authorize a Criminal Record Check for their employer or authorized organization. This authorization is submitted to the Criminal Records Review Program for review. The amendments cover facilities regulated under the Community Care and Assisted Living Act, private hospitals and extended care facilities regulated under the Hospital Act, and home support agencies and adult day programs These amendments will be phased in over the next 12 months. See the Summary of changes.

Federal – Child Benefit Rules Change: Parents Who Share Custody
can Now Split Child Tax Benefit, Universal Child Care Benefit, GST, HST

Parents who live separately but share custody of a child can now separately receive their Canada Child Tax Benefit, Universal Child Care Benefit, and the child component of the Goods and Services Tax/Harmonized Sales Tax Credit. This applies to benefits paid starting July 2011. See the Full Story as posted by the Vancouver Sun. In addition, get further information from the federal department of finance.

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

Forest and Environment News:

B.C. Forest Exports Now Open to India?
Mike de Jong, candidate for the leadership of the BC Liberal Party, announced recently that an important achievement has been reached that will facilitate a significant increase in lumber exports to India. India’s Minister of Agriculture has granted approval for the importation of spruce, pine and fir species (SPF) lumber that has been heat-treated for phytosanitary reasons into the India market. See the Full Story as posted by Opinion250.

Critical Habitat for Endangered Species –
What is the Scope of Protection?

A recent decision of the Federal Court found that a Protection Statement and a Protection Order for the Northern and Southern Resident populations of the Killer Whale, issued under the federal Species at Risk Act (SARA), are unlawful. The court confirmed that SARA creates stricter protections for the critical habitat of aquatic species than other federal legislation such as the Fisheries Act. This ruling adds to the growing body of law under SARA in which the courts have been critical of the manner in which the government, and in particular the Department of Fisheries and Oceans (the DFO), has been implementing SARA. It also raises the broader thorny issue of how areas with critical habitat can be managed without dramatically impacting economic activity. See the Full Article as posted by Janice Walton with the Environmental Group of Blakes.

Province Releases Third State Of Forests Report
The most intensive and thorough report ever produced on the state of B.C.’s forests suggests sound laws and policies, including public reporting by an independent Forest Practices Board, are supporting sustainable forest management in British Columbia, it was recently announced. The report provides detailed, yet easy-to-understand information on 91 indicators of forest sustainability and management. The 2010 report is the result of a two-year effort by a team of 30 staff from several natural resource ministries, supported by over 130 contributors and advisors from many organizations. See the News Release. In addition, see the Full Story as posted by LDNews.

Act or Regulation Affected Effective Date Amendment Information
Allowable Annual Cut Administration Regulation (69/2009) Dec. 6/10 by Reg 348/2010
Antifreeze Regulation (142/2009) NEW
Jan. 1/11
see Reg 142/2009
BC Parks Recreation User Fees Regulation (136/2009) Jan. 1/11 by Reg 378/2010
Carbon Tax Act Dec. 6/10 by Reg 357/2010
Cleaner Gasoline Regulation (498/95) Dec. 6/10 by Reg 346/2010
Code of Practice for the Slaughter and Poultry Processing Industries (246/2007) Dec. 23/10 by Reg 281/2010
Cut Control Regulation (578/2004) Jan. 1/11 by Reg 363/2010
Emission Offsets Regulation (393/2008) Dec. 6/10 by Reg 347/2010
Environmental Management Act Dec. 6/10 by Reg 357/2010
Jan. 1/11 by 2010 Bill 11, c. 6, ss. 102 and 103 only Miscellaneous Statutes Amendment Act (No. 2), 2010
Forestry Revitalization Act Dec. 6/10 by Reg 357/2010
Greenhouse Gas Reduction (Cap and Trade) Act Dec. 20/10 by 2010 Bill 20, c. 21, ss. 76 and 81(d) only (Reg 376/2010) Miscellaneous Statutes Amendment Act (No. 3), 2010
Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act Jan. 1/11 see 2008 Bill 16, c. 16, ss. 8, 10, 11(3) and (4) now in force (Reg 338/2010) as amended by 2010 Bill 20, Miscellaneous Statutes Amendment Act (No. 3), 2010
Renewable and Low Carbon Fuel Requirements Regulation (394/2008) RETROACTIVE
to Jan. 1/10
by Regs 338/2010 and  379/2010
Jan. 1/11 by Reg 338/2010
Reporting Regulation (272/2009) Dec. 20/10 by Reg 376/2010
Yale AIP Designated Area (363/2005) REPEALED
Dec. 6/10
by Reg 349/2010
Yale Designated Area No. 2 (349/2010) NEW
Dec. 6/10
see Reg 349/2010
HEALTH RELATED

Health News:

Changes to Criminal Records Review Act
Require Background Checks for Care Givers

Individuals working with children or vulnerable adults and have unsupervised access to children or vulnerable adults must authorize a Criminal Record Check for their employer or authorized organization. This authorization is submitted to the Criminal Records Review Program for review. The amendments cover facilities regulated under the Community Care and Assisted Living Act, private hospitals and extended care facilities regulated under the Hospital Act, and home support agencies and adult day programs These amendments will be phased in over the next 12 months. See the Summary of changes.

Pilot Program to Explore Weekend Meat Inspection
A pilot program will look at the viability of establishing weekend meat slaughter inspection in the North Okanagan, it was recently announced. This pilot project will allow government to gain valuable insights and knowledge about meat inspection alternatives. See the News Release.

Ontario Raw-milk Advocate Takes Over
Controversial Chilliwack Dairy

Almost one year after winning an Ontario court battle, farmer Michael Schmidt is running a Chilliwack raw-milk dairy to keep its owner from violating a court order. In January, an Ontario justice threw out 19 charges laid against Schmidt for providing raw milk and raw-milk products through his cow-share business in Durham, Ont. Schmidt had argued he wasn’t guilty of distributing to 150 customers because they were all entitled to the milk after each purchasing a $350 share in the cows he kept at Glencolton Farms. Alice Jongerden, who ran Home on the Range dairy in Chilliwack, faced contempt-of-court charges for distributing raw milk contrary to a B.C. Supreme Court ruling but not punished because she stopped running the dairy. Schmidt has taken over and is operating under the name Our Cows Herdshare. See the Full Story as posted by the Vancouver Sun.

Act or Regulation Affected Effective Date Amendment Information
Health Authorities Act Dec. 6/10 by Reg 357/2010
Hospital District Act Jan. 1/11 by 2010 Bill 11, c. 6, s. 106 only, Miscellaneous Statutes Amendment Act (No. 2), 2010
Medical and Health Care Services Regulation (426/97) Dec. 6/10 by Reg 351/2010
Jan. 1/11 by Reg 273/2010
Medicare Protection Act Dec. 6/10 by Reg 357/2010
Pharmacists Regulation (417/2008) Jan. 1/11 by Reg 211/2010
Pharmacy Operations and Drug Scheduling Act Dec. 6/10 by Reg 357/2010
Veterinarians Act Dec. 6/10 by Reg 357/2010
LABOUR, COMPANY & FINANCE RELATED

Labour, Company and Finance News:

Private Pensions, Not CPP, are Government Priority
The Conservative government intends to "put the meat on the bones" of its recently announced private-sector pension plan but will hold off on changes to the Canada Pension Plan, says the newly appointed minister of state for finance. Ted Menzies, former parliamentary secretary to Finance Minister Jim Flaherty, said it's not "the right time" to make amendments to the CPP. Instead, the government plans to forge ahead with legislation to solidify the Pooled Registered Pension Plan, a plan for workers and employers who are self-employed, employed on contract or work for small businesses. See the Full Story as posted by canada.com.

B.C. Corporate Income Tax Reduced
Businesses in British Columbia will pay less in provincial corporate income tax as B.C.’s rate drops to 10 per cent (from 10.5 per cent) on Jan. 1, 2011. See the News Release.

Government of Canada Highlights Tax Relief for 2011
The Government of Canada has posted some important tax changes taking effect in 2011. See the federal department of finance website.

B.C. Legislation Cited in Credit Card Case -
B.C. Business Practices and Consumer Protection Act

A Vancouver lawyer representing a mentally ill woman saddled with credit card debt is taking a stand against Capital One, saying it may not have been legal for the company to issue her a card in the first place. "The [B.C.] legislation says it's an 'unconscionable' practice to give someone a credit card if you know there is no prospect of her repaying it," said George Gregory, pro bono lawyer. See the Full Story as posted by CBCNews.

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) RETROACTIVE
to Jan. 1/04
by Reg 375/2010
Jan. 1/11 by Reg 226/2010
Consumption Tax Rebate and Transition Regulation (113/2010) Jan. 1/11 by Reg 215/2010
Financial Institutions Act Dec. 31/10 by 2010 Bill 6, c. 4, ss. 3(b)&(c), 6, 7, 11, 15(a), 17-19, 21-24, 26(a), 27, 28(a), 31 & 32 only, Finance Statutes Amendment Act, 2010
Income Tax Act Jan. 1/11 by 2009 Bill 2, c. 4, s. 22 only Budget Measures Implementation Act, 2009
Multilateral Instrument 11-102 Passport System (58/2008) Jan. 1/11 by Reg 383/2010
Multilateral Instrument 62-104 - Take-Over Bids and Issuer Bids (21/2008) Jan. 1/11 by Reg 383/2010
National Instrument 13-101: System for Electronic Document Analysis and Retrieval (SEDAR) (378/96) Jan. 1/11 by Regs 383/2010 and 385/2010
National Instrument 21-101: Marketplace Operation (251/2001) Jan. 1/11 by Reg 383/2010
National Instrument 52-110 Audit Committees (57/2008) Jan. 1/11 by Reg 383/2010
National Instrument 54-101: Communication with Beneficial Owners of Securities of a Reporting Issuer (154/2002) Jan. 1/11 by Reg 383/2010
National Instrument 81-102: Mutual Funds (2/2000) Jan. 1/11 by Reg 385/2010
National Instrument 81-106: Investment Fund Continuous Disclosure (218/2005) Jan. 1/11 by Reg 385/2010
Nurse Practitioners Exemption Regulation (189/2010) Dec. 9/10 by Reg 364/2010
Remission Regulation No. 6 (Social Service Tax Act) (361/2010) NEW
Dec. 8/10
see Reg 361/2010
Securities Act Dec. 6/10 by Reg 357/2010
Jan. 1/11 by 2010 Bill 6, c. 4, ss. 53 and 58 only (Reg 362/2010) Finance Statutes Amendment Act, 2010
Small Business Venture Capital Act Dec. 6/10 by Reg 357/2010
Social Services Employers Regulation (84/2003) Dec. 6/10 by Regs 355/2010 and 356/2010
Social Service Tax Act Dec. 6/10 by Reg 357/2010
Tobacco Tax Act Dec. 6/10 by Reg 357/2010
LOCAL GOVERNMENT RELATED

Local Government News:

New Municipal Election Legislation In Question
Plans to bring in new election legislation in time for November's civic elections may be in jeopardy as a result of the provincial leadership vacuum in Victoria. Most of the Liberal leadership contenders said they can't guarantee the provincial government will stick to its promise to bring in legislative changes this spring that would significantly change the rules surrounding elections for new municipal councils, regional district boards and school boards throughout B.C. this fall. The proposed new regulations would ban anonymous donations, tighten disclosure rules, establish expense limits, regulate third-party advertisers and give Elections BC authority to enforce the regulations. See the Full Story as posted by the Vancouver Sun.

Higher Homeowner Grant Threshold Protects Taxpayers
More than one million B.C. homeowners with homes valued up to $1.15 million may be eligible for the full homeowner grant amount as the Province raises the threshold by 10 per cent for the 2011 tax year. BC Assessment estimates the value of most properties (homes) as of July 1 each year, based on market value. Assessment notices were mailed to all property owners Dec. 31, 2010. See the News Release.

Act or Regulation Affected Effective Date Amendment Information
Comox Valley Regional District Regulation (23/2008) Dec. 6/10 by Reg 350/2010
Electrical Power Corporations Valuation Regulation (217/86) Dec. 17/10 by Reg 370/2010
Gaming Control Act Dec. 7/10 by 2010 Bill 20, c. 21, ss. 91-93, 98 and 112(c) only (Reg 358/2010) Miscellaneous Statutes Amendment Act (No. 3), 2010
Gaming Control Regulation (208/2002) Dec. 7/10 by Reg 358/2010
Dec. 31/10 by
Greater Vancouver Sewerage and Drainage District Act Jan. 1/11 by 2010 Bill 11, c. 6, s. 104 only Miscellaneous Statutes Amendment Act (No. 2), 2010
Home Owner Grant Act Jan. 1/11 by 2010 Bill 2, c. 2, ss. 67 to 74 only, Budget Measures Implementation Act, 2010
Home Owner Grant Regulation (100/2002) Jan. 1/11 by Reg 295/2010
Local Government Act Jan. 1/11 by 2010 Bill 11, c. 6, ss. 121 and 124 only Miscellaneous Statutes Amendment Act (No. 2), 2010
Managed Forest Land and Cut Timber Values Regulation (90/2000) Dec. 17/10 by Reg 371/2010
Musqueam Reconciliation, Settlement and Benefits Agreement Implementation Act Dec. 6/10 by Reg 357/2010
Port Land Valuation Regulation (304/2010) Dec. 6/10 by Reg 343/2010
Prescribed Classes of Property Regulation (438/81) Dec. 6/10 by Reg 344/2010
Railway and Pipeline Corporations Valuation Regulation (203/86) Dec. 17/10 by Reg 372/2010
Railway, Pipeline, Electric Power and Telecommunications Corporation Rights of Way Valuation Regulation (218/86) Dec. 17/10 by Reg 373/2010
Remote Communities Regulation (240/2007) Dec. 6/10 by Reg 345/2010
School Act Jan. 1/11 by 2010 Bill 2, c. 2, ss. 97 to 101 only, Budget Measures Implementation Act, 2010
South Coast British Columbia Transportation Authority Act Jan. 1/11 s. 169.64(3) repeals s. 169.64
Subdividable Property Designation (Seton Lake) Regulation (359/2010) NEW
Dec. 8/10
see Reg 359/2010
Telecommunications Corporations Valuation Regulation (226/86) Dec. 17/10 by Reg 374/2010
Transportation Investment Act Dec. 6/10 by Reg 357/2010
Vancouver Charter Jan. 1/11 by 2010 Bill 11, c. 6, s. 134 only Miscellaneous Statutes Amendment Act (No. 2), 2010
MISCELLANEOUS

Miscellaneous News:

New B.C. Legislation to Curb Gang Violence will Kick in February 1st, 2011
New legislation, the Gunshot and Stab Wound Disclosure Act, will soon go into effect to help curb gang and gun violence in B.C. The mandatory legislation will have all hospitals and doctor's offices report gunshot or stab wounds to police as soon as the patient comes in. Most of the country already has a similar legislation in place. See the Full Story as posted by News1130.

Act or Regulation Affected Effective Date Amendment Information
Criminal Records Review Act Dec. 6/10 by Reg 357/2010
Jan. 1/11 by 2009 Bill 20, c. 34, ss. 22, except para (b), 23-35 and 40-42 only (Reg 352/2010) Miscellaneous Statutes Amendment Act (No. 2), 2009
Criminal Record Check Authorizations Regulation (386/2007) Jan. 1/11 by Reg 352/2010
Ministers of State Expected Results for the 2010/2011 Fiscal Year Regulation (52/2010) Dec. 17/10 by Reg 369/2010
MOTOR VEHICLE AND TRAFFIC RELATED

Motor Vehicle and Traffic News:

New Laws = Fewer Prosecutions
Although police in B.C. now have more power to crack down on impaired drivers, early statistics suggest that the tough new laws are actually letting some of the worst offenders off the hook. See the Full Story as posted by CTVNews.

Federal – Truck Drivers to Get More Deductions
Long-haul truck drivers can deduct more of their meal expenses. The amount is up to 80 per cent from 75 per cent for expenses incurred after 2010. Get further information from the federal department of finance.

Commercial Vehicle Safety and Enforcement news
For the latest information from the CVSE, see What's New. The following have been revised:

  • Circular 08-10 – Increase of the maximum allowable axle weight for tridem axle groups in "Heavy Haul" applications (December 30, 2010)
  • Form T-69A – To be used for the transportation of vehicles/loads in excess of 4.4 metres Width up to and including 5.0 metres, loads up to 4.88 metres in height and Vehicles/loads up to 31.5 metres overall length. (December 22, 2010 – Revised)
  • Notice 06-10 – Construction-related load restrictions on Silver Hope Creek Bridge westbound lanes LIFTED (December 21, 2010 - New)
  • Form T-59 – Conditions for Long Combination Vehicles (LCV): Turnpike Doubles (TPD) and Rocky Mountain Doubles (RMD) (Updated)
  • Form T-59A – LCV Designated Routing - Both Directions (Updated)
  • Circular 11-10 – New T Forms – T-59 and T-59 A for Long Combination Vehicles (LCV)
  • – REPEAL of Bulletins and Compliance Circulars for Brake Inspection Guidelines (December 9, 2010 – New)

Act or Regulation Affected Effective Date Amendment Information
Motor Fuel Tax Act Dec. 6/10 by Reg 357/2010
Motor Vehicle Act Dec. 6/10 by Reg 357/2010
Motor Vehicle Act Regulations (26/58) Dec. 6/10 by Regs 353/2010 and 354/2010
Offence Act Forms Regulation (422/90) Dec. 6/10 by Reg 353/2010
Violation Ticket Administration and Fines Regulation (89/97) Dec. 6/10 by Regs 353/2010 and 354/2010
Dec. 13/10 by Reg 367/2010
Jan. 1/11 by Reg 83/2009
REAL ESTATE & BUILDERS LIEN RELATED

Real Estate and Builders Lien News:

Higher Homeowner Grant Threshold Protects Taxpayers
More than one million B.C. homeowners with homes valued up to $1.15 million may be eligible for the full homeowner grant amount as the Province raises the threshold by 10 per cent for the 2011 tax year. BC Assessment estimates the value of most properties (homes) as of July 1 each year, based on market value. Assessment notices were mailed to all property owners Dec. 31, 2010. See the News Release.

Survey of Proposed Strata Property Act Regulations
The Housing Policy Branch in the Ministry of Public Safety and Solicitor General will be carrying out a web survey in early 2011 on the regulations being developed for depreciation reports and audited financial statements. Check the Housing Policy Strata Properties webpage for when the strata survey is posted in early 2011. See the Article as posted by the Vancouver Island Strata Owner Association. In addition, See the government Housing and Construction Standards website.

Builders' Group Seeks Input on Potential Impact of 'Leaky-condo' Court Decision
The Greater Vancouver Home Builders' Association is keen to know how its member companies might be impacted by a precedent-setting Supreme Court of Canada decision involving the province's leaky-condo owners. The concern is if insurance companies view it as a risk, there might be an additional cost to contractors for that risk. However, a spokesman for the insurance industry believes rates likely won't rise–at least not sharply–because the contractors are already paying for much of the legal uncertainty surrounding the leaky-condo issue. See the Full Story as posted by the Vancouver Sun.

Council must Spill Beans before you Purchase
What happens when a buyer wants access to information regarding a condo and the strata council will not release the information? The Strata Property Act makes provisions for the supply of documents including contracts. See the Full Story as posted by the Times Colonist.

Act or Regulation Affected Effective Date Amendment Information
Home Owner Grant Act Jan. 1/11 by 2010 Bill 2, c. 2, ss. 67 to 74 only, Budget Measures Implementation Act, 2010
Home Owner Grant Regulation (100/2002) Jan. 1/11 by Reg 295/2010
Land Title (Transfer Form) Regulation (53/90) Jan. 1/11 by Regs 332/2010 and 339/2010
Land Title Act (Board of Directors) Regulation (332/2010) NEW
Jan. 1/11
see Reg 332/2010
Land Title Act Regulation (334/79) Jan. 1/11 by Regs 332/2010 and 339/2010
Mortgage Brokers Act
Dec. 6/10 by Reg 357/2010
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