Company and Finance News:

PST Now in Effect
As of April 1st, 2013 the new Provincial Sales Tax Act is now in effect. The BC Government has created a new Small Business Guide to PST a new guide that explains the basics of BC's provincial sales tax (PST), administered under the Provincial Sales Tax Act. For a full listing of recent bulletins and updates, please refer to the Consumer Tax website.

The Canadian Securities Administrators Propose
Amendments to the Early Warning Reporting Regime
The Canadian Securities Administrators (the “CSA”) have published for comment proposed amendments to Multilateral Instrument 62-104 Take-Over Bids and Issuer Bids (“MI 62-104”), National Policy 62-203 Take-Over Bids and Issuer Bids (“NP 62-203”) and National Instrument 62-103 Early Warning System and Related Take-Over Bid and Insider Reporting Issues (“NI 62-103”) (collectively, the “Proposed Amendments”). The public comment period will expire on June 12, 2013. The Proposed Amendments include:

• a decrease in the early warning reporting threshold from 10% to 5% of a public company’s outstanding shares;
• a requirement for further disclosure upon a 2% decrease in share ownership or if there is a change in a material fact contained in an earlier report;
• a requirement for a news release to be issued and filed if the share ownership percentage decreases to less than 5%;
• a requirement for investors to include disclosure of equity derivative positions that are substantially equivalent in economic terms to conventional equity holdings and securities lending arrangements in the calculation of whether the early warning reporting threshold has been reached;
• the exclusion of a security holder from the so-called “alternative monthly reporting system” if the person solicits, or intends to solicit, proxies from the security holders of a reporting issuer on matters relating to the election of directors of the reporting issuer or to a reorganization, amalgamation, merger, arrangement or similar corporate action involving the securities of the reporting issuer; and
• new requirements for early warning disclosure via a new disclosure Form 62-103F1.

Energy and Mines News:

New Oil and Gas Regulations May Come "By Mid-Year", Government Says
Environmental regulations for Canada’s oil-and-gas sector are in their final stages, the environment minister said Tuesday. The regulations would seek to curb the sector’s greenhouse-gas emissions to help Canada meet a 2020 target for a 17 percent cut in overall emissions from 2005 levels. Rules are already in place for the transportation and coal-fired electricity industries, but estimates suggest they get Canada only halfway to that goal. Read Globe and Mail article.

New Agreement Advances Oil and Gas Relationship
A new agreement signed between the Province, the Halfway River First Nation (HRFN) and the BC Oil and Gas Commission (Commission) will support economic development and provide greater land use certainty in northeast British Columbia. The Oil and Gas Consultation Agreement defines the process and timelines for engagement activities between the HRFN – a member of the Treaty 8 First Nations – and the Commission for proposed oil and gas activities, as well as the Ministry of Energy, Mines and Natural Gas for pre-tenure related engagement. The agreement benefits the region by establishing a collaborative approach to oil and gas development. Industry has the confidence to invest and conduct business in the area knowing a formal process is in place to assess proposed activities. Read more.

Mining Association of BC Acknowledges a Stay the Course Federal Budget 2013
The Mining Association of British Columbia (MABC) acknowledges the federal government’s stay the course budget that remains largely consistent with previous announcements, including the commitment to balancing the budget by 2015. MABC is encouraged by the federal government’s continued recognition of the skills shortages in the mining sector and welcomes the renewal of the $500-million-per-year Labour Market Agreements in 2014-15 to introduce the Canada Job Grant. The Canada Job Grant allows for the reallocation of funds for opportunities for apprentices and internships. View the full press release by MABC.

Family and Children News:

New Family Law Act Now In Force
The new Family Law Act came into effect on March 18, 2013 and replaces the existing Family Relations Act. Some changes to the Supreme Court Family Forms have also been made to reflect the new Family Law Act. All of these changes have been consolidated on Quickscribe Online – including all other consequential amendments.

New Family Law Could Help Unclog Court System
Couples have more options to settle disputes
BC legislation coming into effect [recently] gives couples more options in settling disputes after they break up, even if they never say “I Do.” Family lawyer John Paul Boyd says the changes will help unclog the court system. Boyd says with the old legislation, court was the starting point and the ending point. He says the new law is meant to deter people from going to court by giving more options to settle. View News1130 article.

New Practice Directions – Family Law Act
Chief Justice Bauman recently issued a number of new practice directions as a result of the coming into force of the Family Law Act:

• FPD-9 – Return Applications pursuant to 1980 Hague Protocol – Procedural Requirements (Effective March 18, 2013). This practice direction has been updated to take account of the relevant Family Law Act provisions. FPD-9 replaces FPD-5.
• FPD-10 – Standard Directions for Appeals from Provincial Court – Family Law Act (Effective March 18, 2013). This practice direction has been updated to take account of the relevant Family Law Act provisions. FPD-10 replaces FPD-7.
• PD-42 – Masters Jurisdiction (Effective March 28, 2013). This practice direction authorizes masters to issue a number of interim orders under the Family Law Act. PD-42 replaces PD-34.
• FPD-12 – Judicial Case Conferences (Effective March 28, 2013). This practice direction has been updated to take account of the relevant Family Law Act provisions. FPD-12 replaces FPD-4.

The Family Law Act: Property Division for Unmarried Couples
Of the many changes in the law brought in with the coming into force of the Family Law Act, the extension of statutory rights of property division between unmarried couples is one of the most significant departures from the previous law. The extension of these rights to unmarried (often referred to as “common law”) couples applies to couples that first moved in together prior to this act coming into force, when there were no such legislative property rights. Suddenly, for these people, the nature of their relationship has changed, at least in respect of the parties’ rights on separation. Under the old law, the Family Relations Act, although unmarried spouses could opt into the property division provisions in that act by agreement, there was no automatic application of the law. It was relatively rare for unmarried couples to opt in by agreement. Without such an agreement in place, parties seeking to make a property claim had to rely on the common law action of  “unjust enrichment”, which provided the parties with less certainty. Read full article published by Michael Sinclair with Harper Grey LLP.

Forest Act Amendments Deferred for Consultation
Forests, Lands and Natural Resource Operations Minister Steve Thomson issued the following statement [this past March] with regard to proposed amendments to the Forest Act that would enable the conversion of volume-based forest licences to area-based forest licences: "The mountain pine beetle infestation has had a devastating environmental impact on the province's Interior forests and significant economic impact on forestry-dependent communities. It is important that the provincial government have as many tools as possible to enhance mid-term timber supply. "In response to the 2012 Special Committee on Timber Supply's report and to improve forest stewardship and support community resiliency, we proposed amendments to the Forest Act that would enable the conversion of volume-based forest licences to area-based forest licences. Read full government news release.

BC to Take Over Merged Environmental Review
BC environmental assessment will substitute for federal process, starting with 2 coal mines
The BC and federal governments have signed a deal that will eliminate duplicate environmental assessments of major resource projects. Under the agreement, the BC Environmental Assessment Office, with the help of some federal experts, will conduct a single review of specific projects, including ensuring the proper consultation with First Nations. The results will be given to the federal and provincial environmental ministers to make separate decisions on the impacts of the projects. BC Environment Minister Terry Lake says the agreement doesn't mean assessments will be any less rigorous, and they will still meet all federal and provincial requirements. He says the guiding principle of the new process remains ensuring a strong environmental assessment and Aboriginal consultation. View CBC article.

New Protections in Effect for Forestry Contractors – Forestry Service Providers Protection Act
The Province has fulfilled a commitment to bring into force new financial protections for forestry contractors, effective April 1, 2013. Forestry sector contractors have the ability to secure payments for work done under contract by making a charge on accounts or registering a lien on forest products that have been delivered to licensees. A lien is a right to keep property belonging to another person until a debt is paid. Contractors can register a lien using the Personal Property Registry at B.C. Registry Services. Earlier this year, a $5 million Forestry Service Providers Compensation Fund became active, supporting financial protections for logging contractors. In the event of licensee insolvency, forestry contractors can now access this compensation fund to better protect their financial interests. These changes to the Forestry Service Providers Protection Act have been consolidated and posted live for you to view at your convenience. Source: Government of BC

Federal Budget Cuts $100 Million from Fisheries and Oceans over Three Years
The Harper government took another axe to the Department of Fisheries and Oceans in [the recent] budget. The department will have to cut spending by $33 million a year starting in 2015-16 – the year the government vows to balance the budget. But the federal Conservatives, who first cut Fisheries spending in the 2012 budget and watered down habitat protection legislation, tried to make amends with critics by increasing funding for habitat protection. The money, more than $10 million over two years, will be aimed at local organizations who will presumably fill gaps left by the departure of Fisheries habitat officers since last year’s cuts. Read full article published by the Vancouver Sun.

Government Releases Draft Species-At-Risk Plan
The Draft Five-Year Plan reflects many of the recommendations of the BC Task Force on Species at Risk. Public comment has been encouraged at several points in the development of a provincial approach to species at risk: during Task Force deliberations in 2010, upon publication of the Task Force report in 2011, and now upon the posting of this draft Five-Year Plan in 2013. View draft.

Complementary Objectives:
Upholding the Public Interest and Advocacy of Good Forest Stewardship
Under the Foresters Act, the BC Legislature has entrusted the profession of forestry with the privilege to regulate itself, in the public interest, through the vehicle of the ABCFP. In exchange for this privilege, as with other professional regulatory bodies in BC, the ABCFP assumes responsibility to serve and protect the public interest with respect to all matters within its regulatory mandate. This includes upholding the public interest through the exercise of authority over admission of members, establishment of standards, and investigation and resolution of complaints with a view to ensuring the competence, independence, professional conduct and integrity of RPFs and RFTs, and ensuring that each person engaged in the practice of professional forestry is accountable to the ABCFP. View full article by Jason Herbert and published in the ABCFP publication BC Forest Professional.

New Drug Pricing Regulation
British Columbians will soon notice they are paying less for many of the generic prescription drugs they need for their health. Starting April 1, a new drug pricing regulation will reduce the price of generic drugs to 25 percent of the brand name price, from the current rate of 35 percent of the brand name price. The price will further drop to 20 percent in April 2014. “Thanks to this regulation, BC families will pay less at the till when they fill their prescriptions. These price reductions will also save money for the provincial government – money that can be used instead to help enhance patient care in BC’s health system,” said Health Minister Margaret MacDiarmid. The drug price regulation is the first in a suite of regulations required to fully implement the Pharmaceutical Services Act, which came into force in May 2012. The act shifts BC’s PharmaCare program from relying on government policy, to being protected by legislation. The regulation allows the Minister of Health to regulate the price of prescription drugs. Generic drugs have the same quality, strength, purity and stability as their brand name equivalents and are made to the same strict standards. Read government news release.

Third Fired BC Health Ministry Worker Sues over Wrongful Dismissal
A former 28-year government employee has become the third of seven people to sue the BC Health Ministry for wrongful dismissal and defamation after being fired last year in connection with an alleged privacy breach. In a notice of civil claim filed in BC Supreme Court on Monday, Robert Neil Hart, former director of data access with the Ministry of Health, is suing his former employer for wrongful dismissal, breach of contract and defamation. As well, the ministry failed to act fairly and in good faith when it dismissed Hart “in a callous and insensitive manner,” according to the claim. None of the allegations has been proven in court. In May 2012, the Health Ministry began investigating allegations of conflict of interest and inappropriate conduct, data management and contracting out, focusing on the ministry’s pharmaceutical services division. By the end of the year, seven people had been fired and the sharing of ministry data and contracts with the University of BC and the University of Victoria had been suspended. View Times Colonist article.

BC Mental Health System Failing Teens, Watchdog Says
British Columbia's mental health system is failing vulnerable teens and the government needs to fix it, says BC's children's watchdog. The province's Representative for Children and Youth says 16 to 19-year-olds suffering from mental health issues aren't consistently getting the help they desperately need. Mary Ellen Turpel-Lafond says older teens must have direct mental health services. Instead, they are faced with a fragmented and under-resourced system that can be confusing and traumatic, she said in a scathing new report on youth mental health in the province. View CBC article.

Partnership Agreements – Are Partners Employees?
Those who have an interest in a partnership should take note of Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), 2012 BCCA 313, in which the British Columbia Court of Appeal considered a Human Rights Tribunal decision about whether partners are considered employees. The case involved John Michael McCormick, who was a partner at the law firm of Fasken Martineau DuMoulin LLP. As a partner, Mr. McCormick had to sign a partnership agreement, which gave him an ownership interest in the firm, and entitled him to a share of the firm’s profits. Mr. McCormick turned 65 in March, 2010, and pursuant to a partnership agreement, was obligated to retire on January 31, 2011. Mr. McCormick wished to continue to work for Fasken Martineau, but the firm and Mr. McCormick were unable to come to an agreement that would allow him to continue to practice. Mr. McCormick then filed a complaint with the Human Rights Tribunal claiming that he was discriminated against on the basis of age in his employment. Read the full article publish by Daniel Sorensen with Waterstone Law Group.

Terminating Employees on Disability
The media is full of the story of a couple from Wales who were fired from their jobs after the husband helped save children from a shark attack. It seems that the husband’s heroics generated a media stir at the time, which led to the employer back in Wales finding out the couple were vacationing in Australia when they were supposed to be on disability leave. The employer decided to terminate their employment, thus generating the current media storm. It is possible, even likely, that there is more to the story than is currently being told, but the employer’s reported reasoning is pretty thin. While we can’t opine on employment law in Wales, we can review the issues that employers in British Columbia have to consider before taking such a step. View the full article published by Earl Phillips with McCarthy Tetrault.

Miscellaneous News:

Justice Reform and Transparency Act – In force April 11
The recently introduced Bill 15, Justice Reform and Transparency Act, 2013, is scheduled to come into force on April 11^th. This 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 fulfill 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.

Passenger 50% at Fault for Motor Vehicle Collision with Pedestrian
In what can only be described as a unique and bizarre collision, reasons for judgment were released this week by the BC Supreme Court, Chilliwack Registry, assessing fault for a collision where an individual was struck by his own vehicle put in motion by his spouse. In this week’s case (Mayne v. Mayne) the Plaintiff was in his vehicle with his wife, the Defendant, occupying the passenger seat. As he was pulling out of his garage he stopped the vehicle and went back in his home to retrieve a key. He left the vehicle running in neutral (mistakenly believing it had been placed in park). The vehicle slowly started to run down into the roadway. His wife, concerned it would be involved in a collision, reached over and attempted to put the vehicle in park. She was not successful, however, and shifted the vehicle into drive. The vehicle lurched forward and struck the Plaintiff who was just coming back out of the home. View the full article by Erik Magraken on the BC Injury Law Blog.

Government, Mayors’ Council Set Targets for Governance, Funding
The government of British Columbia and the Mayors’ Council on Regional Transportation are combining forces to come up with sustainable and long-term transit solutions that meet the needs of families and communities. The Minister of Transportation and Infrastructure and the Mayors’ Council on Regional Transportation have agreed on a process to work together. The new process will outline findings and recommendations on how to move forward with governance and funding, as well as engaging the public. This will allow government to consider legislative changes in spring 2014. In 2012, TransLink made substantial cost savings. However, even with those savings, the region needs new funding sources to expand service and meet growing demand. The council has proposed several new funding sources. The minister and the council will also consider these sources and their work should lead to a better understanding of the funding options and what the public has to say about them. View government news release.

Property and Real Estate News:

Strata Property Act and Regulation Changes
The province has introduced a number of amendments to the Strata Property Act and the Strata Property Regulation, B.C. Reg. 43/2000, that are at different stages of implementation. Some of the amendments that have already taken effect include those that deal with Depreciation Reports, Form B (Allocation of Parking) and Form J (Rentals Permitted Within Strata Corporations). Effective March 1, 2012, Form B was revised to better inform strata councils and prospective purchasers that the act requires strata corporation rules, Form J (the rental disclosure statement), the current budget and the most recent depreciation report (if any) to be attached to Form B. View B.C. Reg. 238/2011 for the above changes and B.C. Reg. 89/2013 for the Depreciation Report amendments. Amendments that have not yet come into force include those dealing with dispute resolutions. For more detailed information on all of these changes please visit the Office of Housing and Construction Standards website.

Chair Appointment Sparks Development of Online Tribunal
The BC government has appointed an acting chair to start work on BC's new Civil Resolution Tribunal, Canada's first-ever online tribunal that will help citizens resolve strata and small claim disputes. Over the next six months, the new chair, Cheryl Vickers, will do the foundational work required to get the Civil Resolution Tribunal up-and-running. She will lead ongoing consultations and the development of the tribunal's processes, rules and technology. Vickers' background includes extensive experience with BC tribunals, including the development of the British Columbia Council of Administrative Tribunals. View government news release. 

Strata Councils Borrowing for Repairs Should Be Aware of the Perils
In any building, it is inevitable that major repairs will eventually be needed – the roof will start leaking, the sundeck will start rotting or the plumbing will need replacement. In a condo building, it falls on the owners to pay for those repairs, which can often mean a special levy of tens of thousands of dollars. Now that the interest-free government loan program to fix leaky condos has dried up and strata corporations are required to complete depreciation reports that include repair and renewal plans, many strata corporations are looking for different ways to finance big repair jobs. The most straightforward way to raise such funds is through owner levies, but this only works if owners have access to cash or can raise money by taking a first or second mortgage or a line of credit secured by their home. View the Vancouver Sun article.

Wills and Estates News:

Date Set For Wills, Estates and Succession Act
B.C. Reg. 148/2013 has proclaimed March 31, 2014 as the date that the Wills, Estates and Succession Act, SBC 2009, c. 13, will come into law. Among other things, the new Act will consolidate a number of existing estate laws into a single, more simplified piece of legislation. The intent is to provide greater certainty for those who put their last wishes into writing.

Amendments to the BCSC Civil Rules ("Probate Rules")
The BC Supreme Court Civil Rules have been amended by B.C. Reg. 149/2013. Part 25, which deals with probate and administration, has been added to the the Civil Rules to reflect the changes brought about by the enactment of the Wills, Estates and Succession Act. Most of the existing forms have also been changed. The new rules are effective March 31, 2014. For a summary of the new probate rules, see Explanation of the New Supreme Court Civil Rules (Probate) on the Ministry of Justice website. Source: Courthouse Libraries BC