Energy and Mines News:

New Version of National Instrument 43-101 Now in Force
On June 30, 2011, amendments to National Instrument 43-101 Standards of Disclosure for Mineral Projects, Form 43-101F1 Technical Report, and Companion Policy 43-101 (collectively the "New Rule") will come into force (prior to the amendments, the "Old Rule"). With a few minor exceptions, the New Rule substantially adopts the draft amendments to the Old Rule which were published in April 2010. According to the Canadian Securities Administrators the overarching goals of the New Rule are to:

• eliminate or reduce the scope of certain mining disclosure requirements;
• provide greater flexibility to mining issuers in certain areas;
• reflect changes that have occurred in the mining industry; and
• clarify or correct areas where the previous standards were not having the desired effect.

Provisions of Clean Energy Act Questioned
If it is not already a fundamental law of economics it should be: When government says we must pay whatever it takes, we inevitably pay too much. So it is with the B.C. government's energy policies. In the Clean Energy Act, the government told BC Hydro it has to be self-sufficient. It wasn't talking about ensuring a reliable supply of energy. "Self-sufficiency" as defined by the government is simply a requirement for BC Hydro to buy more long-term firm electricity supply than its own, well-established reliability criteria says it needs and that the B.C. Utilities Commission -the independent government agency tasked with regulating energy utilities- would support. Moreover, it has to do that regardless of the cost. View entire article in the Vancouver Sun. 

Family, Wills and Estates News:

Special Announcement re:  Elder Law Proclamations –  Changes were made to B.C. Reg. 14/2011 by B.C. Reg. 111/2011 deposited June 17, 2011.  These changes affect the Adult Guardianship and Planning Statutes Amendment Act, 2007 and the Miscellaneous Statutes Amendment Act, 2011, sections of which are set to come into force September 1, 2011 which amend the Adult Guardianship Act, Hospital District Act, Land Title Act, Patients Property Act, Power of Attorney Act, Representation Agreement Act and the Public Guardian and Trustee Act, as well as certain regulations under those Acts.

Power of Attorney Act – Early Consolidation:
Quickscribe will soon publish an early consolidation of the Power of Attorney Act scheduled to come into force on September 1st.  We hope to have this published by early August.

Cut-and-Paste Guardianship Definitions
In family law, guardianship is the right to participate in parenting a child. A guardian usually has the right to get information from, and give instructions to, a child's teachers, doctors, counsellors, coaches, dentists and so forth. A guardian usually has the right to determine which school the child will go to, the course of the child's medical treatment, the child's religious instruction, the child's discipline and the child's diet. Of course when parents have separated and they are both guardians, which, frankly, is the result more often than not, they must work together to handle these issues, and that can be difficult. Parents with joint guardianship must find a way of working together to exchange information about their children and make decisions about major events and issues in their children's lives. Click here to view the full article published by John-Paul Boyd on the JP Boyd BC Family Law Resource.

Forest and Environment News:

New Forestry Law Reporter Expected Next Release
Expect to see a new edition of the Forestry Law Reporter by Jeff Waatainen in next month’s reporter. The issue will provide a summary of some of the recent legislative activity and how it may impact the industry.

B.C.'s Environmental Assessment Office slammed by A.G.
B.C.'s Environmental Assessment Office is failing to do an adequate job monitoring compliance at major projects and power plants, the province's auditor general says. "Adequate monitoring and enforcement of certified projects is not occurring and follow-up evaluations are not being conducted," Auditor General John Doyle said in statement issued on Thursday morning. "We also found that information currently being provided to the public is not sufficient to ensure accountability," said Doyle. When an environmental assessment certificate is issued, the conditions and commitments surrounding its issue should be measurable and enforceable so staff can monitor the project for compliance with the certificate conditions, said the statement. Click here for article.

Industry Approves "Check-Off" to Fund NA Lumber Promotion
The Blue Ribbon Commission for Check-off has announced that the softwood lumber industry voted to approve the creation of a check-off to fund a unified softwood lumber promotion program in USDA's referendum which concluded on June 10th. "I am gratified and encouraged that this vote demonstrates that softwood lumber manufacturers across North America are committed to working progressively together to build a better future for the industry," said Jack Jordan, chair of the Blue Ribbon Commission for Check-off (BRC) and executive vice president of Jordan Lumber & Supply, Inc., in North Carolina. "The check-off is a strong, well-thought-out idea that will create enormous opportunities. It is a game-changing investment in the future growth of softwood lumber markets in North America." Click here for full article posted by COFI.

Health News:

Nations finally agree on GM food labelling
OTTAWA — The labelling of genetically modified foods got a boost Tuesday when countries around the world put two decades of squabbling behind them and agreed to guidelines. The United Nations summit of food safety regulators from more than 100 countries, including Health Canada, produced the first-ever consensus document after the United States dropped its long-standing objection to the labelling guidelines at the international meeting in Geneva. Canada had objected to the Codex labelling guidelines until last year, when the UN group met in Quebec City. The new agreement now means that any country wanting to bring in mandatory GM food labelling rules will no longer face the threat of a legal challenge from the World Trade Organization (WTO). Under international law, national measures based on Codex guidance or standards cannot be challenged as a barrier to trade.  Read more.

Labour, Company and Finance News:

"Double Recovery" Permitted for Some Statutory Benefits
The Saskatchewan Court of Appeal recently confirmed that it was unlawful for an employer to make deductions from statutory severance pay owed to a terminated employee pursuant to Saskatchewan’s Labour Standards Act (similar to the BC Employment Standards Act). While this decision originated in Saskatchewan, its principles are applicable to other jurisdictions, including British Columbia. Read the full article by Valerie Dixon and Nicole Byres with Clark Wilson.

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

Local Government News:

June 2011 – Important New Licensing Appeal Board Decision
On June 13, 2011, the Community Care and Assisted Living Appeal Board released its decision in Coleman v. Fraser Health Authority; an important decision setting out how the Appeal Board will approach all future appeals brought before it. First of all, some background. In 2008, the Supreme Court of Canada gave its decision in Dunsmuir v. New Brunswick which changed the law regarding the standard of review and the degree of deference which courts and administrative appeal boards should apply on any appeal before them. Until the Coleman decision, the Community Care and Assisted Living Appeal Board had not made a decision about how the Dunsmuir case would affect proceedings before the Appeal Board. View full article by Staples McDannold Stewart.

City Launches Smoking Ban Bylaw Public Survey
July 5th, 2011 - On June 27th City Council directed staff to launch a public input process to gauge public support of the establishment of a smoking ban bylaw within all parks, trails, facilities and beaches. If implemented the scope of this new regulation could include all city managed parks, plazas, trails, playgrounds, sports fields, and city beaches. Although most facility grounds would be included it is recognized that designated smoking areas may be required to support events at major facilities such as the Beban Park Complex and city Arenas. The idea of a bylaw of this kind was initially put forth by Councillor Bestwick and was supported by the Parks, Recreation and Culture Commission. Click here for the full news release.

Real Estate and Builders Lien News:

StrataDocs may put an end to waiting game
By law, management companies (or strata corporations themselves) must comply; under the Strata Property Act, they have one week, for instance, to provide copies of the Information Certificate that shows monthly strata fees, the size of a corporation's contingency reserve fund, etc. Meanwhile, realtors are tapping their toes, waiting to get their hands on the information that could make or break a sale. Or, they pay a 'rush fee' to the property manager to get the information in a day or two. The Victoria Real Estate Board thought there was a better way and a few years ago created software that allows property managers to upload strata documents on line and for realtors to download those documents instantly. With the StrataDocs web-based depository, realtors still pay 25 cents per page, but there are no rush fees or waiting around. Property managers don't waste time photocopying the same documents over and over and - in some cases - arguing with realtors about what information they got and what they owe. Read more.

Home prices in B.C. to rise 13 per cent this year: report
B.C. home prices will rise an average 13 per cent to $571,000 this year before edging back 2.5 per cent to $557,000 in 2012, the B.C. Real Estate Association said in its second quarter housing forecast released Thursday. The BCREA also predicted a moderate increase in housing sales this year and next. However, the 13-per-cent increase in housing costs this year is misleading, according to BCREA chief economist Cameron Muir. “The average price in the province is being skewed very high because of a higher proportion of single-detached homes selling in the pricier markets of Vancouver,” Muir said in an interview. “This is at a time when sales are a bit below the 10-year average. My expectation is for quite flat prices going forward.” Read more.

• Up-to-date appraisal reports allow for quick loss settlements.
• A reputable appraisal company backs its values with professional liability insurance.
• Insurance premiums are based on investigated, not arbitrary values.

• Having an appraisal can avoid application of co-insurance penalties in the event of a total loss.