Company and Finance News:

Legislative Changes Encourage Investment In Social Capital – Business Corporations Act
BC Regulations allowing the creation of a new corporate structure designed to bridge the gap between for-profit businesses and non-profit enterprises received BC government approval this week. The regulations, [recently] approved by order-in-council, allow for the incorporation of community contribution companies (CCCs), a hybrid business model aimed at encouraging private investment in BC’s social enterprise sector. Based on a similar model adopted in the United Kingdom, CCCs will be able to accept equity investment money, issue shares and pay shareholder dividends, options that are not currently available to non-profits. Unlike typical for-profit companies, CCCs will have a limited ability to pay dividends. However, they will be able to assure potential investors that a portion of the company’s profits will be used for social purposes. The new regulations, slated to take effect on July 29, 2013, will bring into force a series of amendments to the Business Corporations Act that were passed last spring. View government news release. 

PST – Number of New Notices in February
A number of notices and bulletins have been posted on the BC Consumer Taxes page this month concerning the return to the PST which takes effect April 1^st. These include the following references:

• Provincial Sales Tax Transitional Provisions and Amendments Act, 2013, which includes the transitional provisions and final amendments needed to re-implement the PST
• Vehicle Exemptions and Refunds
• Telecommunication Services
• Registering to Collect Provincial Sales Tax/Charging, Collecting and Remitting PST (updated to reflect Bill 2)
• Real Property Contractors
• PST on Vehicles
• Notice to Tobacco Retail & Wholesale Dealers
• Tangible Personal Property (Goods) Brought into British Columbia
• Special Occasion Liquor Licences
• Charging, Collecting and Remitting PST
• Safety Equipment and Protective Clothing

Energy and Mines News:

Proposed Changes to Clean Energy Act
The BC government recently introduced Bill 8, the Miscellaneous Statutes Amendment Act, 2013, which proposes amendments to the Clean Energy Act. The proposed changes are intended to extend the submission due date for BC Hydro’s Integrated Resource Plan (IRP) under the Clean Energy Act. The IRP deadline will be changed to August 3, 2013, to give government, liquefied natural gas proponents and BC Hydro the time and flexibility to complete electricity supply agreements so that the IRP is a realistic plan for British Columbia’s future power needs.

AME BC: BC's Exploration Laws are Progressive
The following article was published in the Vancouver Sun by Gavin C. Dirom, president and chief executive officer of the Association for Mineral Exploration British Columbia (AME BC).
The mineral exploration and development industry in British Columbia has continually evolved, changing its practices and updating regulations in both reasonable and practical ways based on sound facts and information. Industry's approach is in contrast to the incomplete set of facts and fearmongering it sees from some special-interest groups with a narrow agenda. A recent Vancouver Sun opinion piece by Sarah Cox from Sierra Club B.C. and Jessica Clogg from West Coast Environmental Law is the latest example. The January 30 article contained a disappointing number of errors and omissions about BC's mineral exploration laws and the industry today. Consider their description of BC's mineral tenure legislation as "antiquated," and from the 19th century. In fact, BC's Mineral Tenure Act and Regulations were significantly amended in 2005 and again in July 2012. These laws are regularly updated and considered a model for other jurisdictions around the world. Moreover, converting mineral tenure to a mining lease is very far from an automatic process. It is a modern and highly regulated process based on common sense – and it's already in place. Read more. 

Family and Children News:

Proposed Changes to Representative for Children and Youth Act
The BC government recently introduced Bill 8, the Miscellaneous Statutes Amendment Act, 2013, which proposes amendments to the Representative For Children And Youth Act. The proposed changes will implement all of the recommendations made by the select standing committee on children and youth in its review of the Representative for Children and Youth Act, including the following: increased information sharing between the representative’s office and public bodies, strengthened reporting requirements, and the provision for appointing an acting representative, when required. These changes would allow government to expand the Representative for Children and Youth’s advocacy mandate, by regulation. Priority would be given to developing regulations that allow the representative to continue to advocate on behalf of young adults – 19 to 24 year olds – with developmental disabilities as they transition from youth services into adult services through Community Living BC. This would help to ensure these young adults’ needs are met during what can be a difficult transition.

New Family Law Might Catch Police Off-guard with
Increase in Domestic Violence Cases: Watchdog
BC’s child watchdog fears police agencies could be caught off-guard by an increase in domestic violence cases once the new Family Law Act gets proclaimed this month. Mary Ellen Turpel-Lafond, BC’s representative for children and youth, said the law will place greater responsibility on police departments to enforce orders that protect victims — primarily women and children — from unwanted contact or harassment by their abusers. “I see very quickly on the horizon an influx of new cases where we need people at the ready, and I don’t feel that there’s been adequate planning to prepare for that on the policing side,” she said. The law, which comes into force March 18, makes it a criminal offence to breach a protection order. In the past, restraining orders fell under civil law and spotty enforcement was identified as a “critical justice system failure,” Justice Ministry documents show. “Use of the Criminal Code to enforce protection orders will promote timely, effective enforcement, which can save lives. It streamlines enforcement and limits it to the criminal justice system, where the police and Crown Counsel are familiar with the process and tools. View Times Colonist article.

Child, Family and Community Service Act Amendments
The BC government recently introduced Bill 8, the Miscellaneous Statutes Amendment Act, 2013, which proposes amendments to the Child, Family and Community Services Act. The proposed changes are intended to enhance government’s ability to support families and protect vulnerable children by:

• Clarifying that exposure to domestic violence is a relevant factor to consider when assessing whether a child needs protection.
• Authorizing child protection workers to assess a child’s safety, risk of future harm and the family’s strengths and needs when a child protection investigation is not required.
• Enabling the director designated under the Child, Family and Community Service Act (the Act) to apply to intervene in guardianship proceedings under the Family Law Act, when it is in the child’s best interests to do so.
• Granting individuals the opportunity to apply for a review by the Office of the Information and Privacy Commissioner of decisions made under the Act respecting information access or disclosure.

Family Law Act – To Come into Force March 18^th
A reminder that the new Family Law Act is scheduled to come into force on March 18^th, 2013. For your convenience Quickscribe has published an early consolidated version of the Act which can be located on the left navigation when you log in to Quickscribe Online.

Criminal Records Review Act Amendments
The Criminal Record Consent Form was recently amended and now requires ID verification and must be signed by the applicant's organization. View new consent form.

Youth Transition to Disability Assistance Simplified
The Ministry of Social Development is simplifying the Persons with Disabilities (PWD) designation process for youth with developmental disabilities who are eligible for disability assistance and Community Living BC (CLBC) supports. Effective early July, youth with developmental disabilities who are eligible for disability assistance, along with their family, will be able to use an existing psychologist assessment by a registered psychologist or certified school psychologist, instead of filling out the PWD form to apply for designation. Since many families already have this assessment, this change will reduce the need for additional documentation, making the designation process easier for families and smoother for youths. This builds on the existing process for young people who transition over to disability assistance from the Ministry of Children and Family Development’s At Home Program. Read government news release. 

Proposed Amendments to Forest Act
The BC government recently introduced Bill 8, the Miscellaneous Statutes Amendment Act, 2013, which proposes amendments to the Forest Act. The proposed changes are intended to provide for the conversion of volume-based forest licences to area-based tree farm licences, and the creation of supplemental forest licences to provide fibre security to bio-energy, pellet producers and secondary manufacturing operators. The amendments also provide the ability to establish sustainable maximum harvest limits on the amount of low-grade timber that can be credited to non-sawlog timber processing facilities. A number of related and consequential housekeeping amendments also are proposed. These amendments are part of the Province’s mid-term timber supply action plan and follow from recommendations made by the Special Committee on Timber Supply.

U.S. Lumber Coalition Seriously Concerned by
British Columbia Log Export Policy Changes
The U.S. Lumber Coalition is seriously concerned by the recent announcement of log export policy changes in British Columbia (BC), particularly an increase in the "fee in lieu of domestic manufacturing" applied to many log exports that will take effect on March 1. Log export restrictions have the effect of insulating BC lumber mills from world market prices for logs, which have increased significantly in recent years as China and other countries have increased their demand for North American logs. The recent announcement of measures to tighten log export restrictions on the BC Coast will allow BC lumber producers to pay even further below-market prices for their log inputs. "In effect, BC has increased the implicit subsidy from log export restrictions for BC Coast lumber mills," said Luke Brochu, Chairman of the Coalition and President of the family-run Pleasant River Lumber Company in Maine. "This gives BC Coast lumber mills a greater advantage in the U.S. market, at the expense of U.S. mills that pay full market price for their inputs," he explained. View full article published on Newswire.ca.

Proposed Changes to Integrated Pest Management Act
The BC government recently introduced Bill 8, the Miscellaneous Statutes Amendment Act, 2013, which proposes amendments to the Integrated Pest Management Act. The proposed changes are intended to give the Minister of Environment authority to make regulations that reduce the unnecessary use of pesticides for cosmetic purposes. The amendments take into account feedback following public consultation and input, as well as the work of the special committee. If passed, the amendments will provide authority for regulations requiring a licence for using most pesticides on landscaped private land, with some exceptions. The regulations are currently being developed.

Forest Practices Board Raises Forest Road and Bridge Concerns
While most Forest Practices Board audits find good practices, more than 55 percent of issues found since 2005 are with roads and bridges, with 5 times more issues detected in 2010 and 2011 than in the previous 5 years combined, according to a board report released today. “Roads and bridges are a common problem area in our audits,” said, board chair Al Gorley, “and poorly constructed or maintained roads and bridges create risks to workers, the public and the environment. The board is concerned that non-compliance has increased significantly over the past few years. An audit report the board also released [in February] is a further example of these findings.” The board has been seeing an increase in licensees who appear to be cutting back on maintenance work and are using few or no culverts in road construction. Read full press release issued by the Forest Practices Board. 

Proposed Changes to Medicare Protection Act
The BC government recently introduced Bill 8, the Miscellaneous Statutes Amendment Act, 2013, which proposes amendments to the Medicare Protection Act. The proposed changes are intended to allow British Columbians who are taking longer-term vacations to remain outside of the province for an additional period of time. Currently, the maximum a MSP beneficiary can stay out of province without losing Medical Services Plan coverage is 6 months. The changes to the Medicare Protection Act will allow creation of a regulation that could permit an additional 30 days absence on the condition that the time out of the province is used for vacation.

Emergency Intervention Disclosure Website is Now Online
A comprehensive website with information about the new Emergency Intervention Disclosure Act and Regulation was launched [recently]. The website – located at  http://www.labour.gov.bc.ca/eida.htm – provides information to first responders and victims of crime who are concerned they may have been exposed to a communicable disease through contact with the blood or other bodily substance of another person. The website contains answers to frequently asked questions as well as the forms people need to take action under the legislation. There are links to information on HIV, Hepatitis B and Hepatitis C, including information on how these viruses are spread and steps people can take to prevent infection. View government news release.

BC Medical Association wants Crackdown on Online Drug Advertising
Canadians are being inundated with ads for prescription drugs on Facebook, YouTube, Twitter and sponsored blogs, even though direct drug marketing to consumers is banned in Canada. Social media, with its global reach, has emerged as a marketing tool of choice for pharmaceutical companies bent on getting the attention of health consumers. At a conference in Vancouver [February 26], the B.C. Medical Association (BCMA) joined a growing chorus of health policy experts who think Ottawa should clamp down on multinational pharmaceutical companies that skirt Canadian laws by streaming prescription drug promotions into homes via the Internet. Such advertising calls into question the workability of Canadian laws that say drug ads can only mention drug names, price and quantity, the BCMA policy paper says. Health Canada said it could not provide a spokesman [at the time]. View Vancouver Sun article. 

New BC Services Card Replaces CareCard
British Columbians can now replace their CareCard with the new BC Services Card. As of February 15, 2013, "the old CareCard will be replaced by the BC Services Card, a highly secure form of identification,” said Health Minister Margaret MacDiarmid. “This new card will be a secure piece of photo identification with many anti-fraud and security features including secure design, an expiry date and enhanced features which will help to protect citizens' personal information.” Most adults will need to re-enrol in the Medical Services Plan over the next five years. The easiest way for British Columbians to enrol is to do so when renewing their driver’s licence and opt for the combined card that includes both a driver’s licence and BC Services Card. People who do not drive can still enrol at the nearest location where driver’s licences are issued. Read government news release. 

Childcare and Family Status Discrimination – Employee Obligations
The Federal Court has weighed in on the side of broader application of family status discrimination. Employers can expect more requests for accommodation of the choices their employees make about how they will meet their childcare responsibilities This most recent case (Johnstone) finds in favour of the mother who sought a fixed day schedule instead of the standard rotating shifts set by her employer, the Canada Border Services Agency. Her request was to fit her work schedule to the childcare that was available to her. Her husband also worked a rotating schedule and he could not take over childcare responsibilities on a reliable basis. The employer refused, citing its policy that restricted fixed day schedules to part-time employees. While the Federal Court found in favour of the broader interpretation of family status, a concern about how far it can be stretched is evident. Employers can expect an increase in accommodation requests to help with basic issues of childcare (and eldercare). But even with this latest decision, it cannot be said that an employer will have a legal obligation to change their work processes and terms of employment to meet every request. Read full article published by Earl Phillips with McCarthy Tetrualt. 

B.C. Introduces Pooled Pensions Act, But with Optional Employer Participation
British Columbia has joined Québec and the federal government in putting forward legislation to create pooled pensions that would help employees with no workplace pension save for retirement. The new Bill, which was introduced into the house on February 28, can be viewed here.  About two-thirds of BC workers are in that category, according to a news release issued [recently] by the province’s department of finance. However, the proposal in BC would make participation by employers optional, something critics say will reduce the intended benefits of the pooled registered pension plans (PRPPs). View Financial Post article.

Miscellaneous News:

Bill that Would Let BC Voters Choose Senators Aimed at Generating Debate
Legislation introduced in Victoria would allow British Columbia residents to vote for the people they want to serve in the Senate in Ottawa. But no one will be voting any time soon because Justice Minister Shirley Bond says the government doesn't intend to pass the bill before the provincial election in May. Bond says the main aim of the bill is to get people talking about senate reform and to see how the elections would work. View Times Colonist article.

Justice Reform and Transparency Act
On February 26, 2013, Bill 15, the Justice Reform and Transparency Act, 2013 was introduced. The proposed Act is one part of government’s justice reform initiatives to find ways to make the justice system more efficient and effective. The legislation will also fulfil a commitment in White Paper (Part One) to modernize our justice system in response to recommendations made by Geoffrey Cowper in his independent review of the system, Criminal Justice System for the 21st Century. This legislation will set the framework for a well-functioning, transparent justice system that is strengthened by greater collaboration among justice leaders. The Act has two purposes:

1. to establish a new model to foster justice system collaboration and open data; and
2. court reforms.

Motorist Fully at Fault for Collision Following
U-Turn behind Reversing Vehicle
Reasons for judgment were released this week by the BC Supreme Court, New Westminster Registry, addressing fault for a collision involving a Defendant who u-turned into a parking spot behind a backing-up vehicle. In this week’s case (Ferguson v. Yang) the Plaintiff stopped along the curb of 8th Street in New Westminster to drop his daughter off for school. There was a gap behind him with a white van parked behind him. The Defendant, who was approaching from the opposite direction made a u-turn and pulled into the gap. At the same time the Plaintiff was backing up and a collision occurred. View full article by Erik Magraken on the BC Injury Law Blog. 

Minister Says Service Cuts Form Part of BC Ferries
Consultation Report, But None before Election
Transportation Minister Mary Polak says service cuts at BC Ferries won't be coming before the May 14 provincial election. But she says cuts are likely on the way as the government and BC Ferries attempt to find $26 million in savings through service adjustments over the next three years. Polak released the Coastal Ferries Consultation and Engagement report on Tuesday summarizing public input following eight weeks of meetings last fall. The minister says the government has until June to notify BC Ferries about any cost-saving measures, including service reductions, but there's also the ability to extend the deadline. View Times Colonist article.  To view the government consultation report click here.

Property and Real Estate News:

Strata Property Regulation Amendments – Depreciation Reports
On February 28,  OIC 90/2013 was deposited, which sets out to amend the BC Strata Property Regulation, B.C. Reg. 43/2000. The amendments include the requirement for Strata Corporations to retain depreciations reports until the disposal or replacement of the items to which the report relate. Please note that at the time this Reporter was released there was no regulation number associated with this OIC. Therefore, as of the date of this release, these changes have not yet been consolidated.

Community Safety Act
On February 21, Minister of Justice and Attorney General Shirley Bond tabled the Community Safety Act in the legislature. The intent of the new law is to target and potentially shut down problem properties where unlawful, dangerous and threatening activities continually detract from neighbourhood safety and security. If passed, the Community Safety Act will enable people to submit confidential complaints to a new provincial unit charged with investigating, mediating and working with property owners to curb various threatening and dangerous activities. On substantiating a complaint, the unit will take steps to force the property owner to address identified issues. Where problems persist, the unit may apply in civil court for a community safety order, which may bar certain individuals from the property or close it for up to 90 days. View government news release.

Strata Insurance – What You Need To Know – Strata Property Act
Jamie A. Bleay of Access Law Group recently made and published a presentation for the Vancouver Island Strata Owners Association (VISOA). This article stresses the importance of being aware of all of the various statutory requirements in the Strata Property Act as they relate to obtaining and maintaining insurance and make sure you seek the advice of qualified professionals should you have any questions or concerns about insurance coverage, insurance claims and purchasing the right insurance coverage. View article.

Wills and Estates News:

BCLI Consultation Paper on Common-Law Tests of Capacity
The British Columbia Law Institute has published a Consultation Paper on Common-Law Tests of Capacity. The press release states, "The consultation paper examines legislative reforms to judge-made rules governing when a person is determined to have the mental capacity to carry out a transaction or enter into a relationship. It was prepared with the assistance of a ten-person, all-volunteer project committee, made up of some of the leading lights in this area of the law.… The consultation paper contains 31 proposals for reform on how tests of mental capacity operate when someone wants to make a will, to designate a beneficiary under an insurance policy or retirement plan, to make a gift, to nominate a committee, to enter into a contract, to retain legal counsel, to marry or enter into a spousal relationship, or to separate from a spouse." BCLI is seeking responses to the Consultation Report by June 15, 2013 for consideration before making a final report. For more information view the BC Law Institute website.