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Vol: XVII – Issue: XI – November 2018 | |
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QUICKSCRIBE NEWS: Legislature Recap
Refer to the QS Bills page to determine what laws are impacted by these bills, and what sections are now in force. A reminder that if you would like to track the progress of new bills this session, or track proposed changes to laws that matter most to you, please feel free to make use of our BC Legislative Digest tracking tool. Early Consolidations Published
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View PDF of this Reporter. |
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FEDERAL LEGISLATION – For notification of federal amendments, we recommend you use our Section Tracking ![]() |
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[ Previous Reporters ] |
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CATEGORIES |
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COMPANY & FINANCE ENERGY & MINES FAMILY & CHILDREN FOREST & ENVIRONMENT HEALTH LABOUR & EMPLOYMENT |
LOCAL GOVERNMENT MISCELLANEOUS MOTOR VEHICLE & TRAFFIC OCCUPATIONAL HEALTH & SAFETY PROPERTY & REAL ESTATE WILLS & ESTATES |
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COMPANY & FINANCE | ||
Company and Finance News: New Financial Services Consumer Protection The Second Budget Bill includes a number of amendments to the Bank Act, the Trust and Loans Companies Act and the Insurance Companies Act (collectively, the "Financial Services Statutes") including most notably the introduction of the anticipated Financial Consumer Protection Framework (the "Framework"), as well as related amendments to the Financial Consumer Agency of Canada Act, replacing an earlier proposed version of the framework, following a comprehensive report by the Financial Consumer Agency of Canada ("FCAC") on best practices in financial consumer protection, summarized in our recent legal update. Read the full article Ana Badour, Barry J. Ryan, Marc J. MacMullin, Mathieu Dubord and Eve Tessier with McCarthy Tetrault LLP. The Law of Privilege: What Happens when Generally speaking, it is not necessary for privilege to be waived where a director seeks to inspect company documents on the basis that the director is the company. Where the director is also a spouse engaged in a family law dispute, however, privilege may bar him or her from accessing such documents. In the recent case of Warde v. Slatter, 2018 BCSC 1877, Justice Grauer considered how solicitor-client and litigation privilege may operate in the context of a closely held company in a family law proceeding. Read the full article by Polly Storey with Clark Wilson LLP. Pleading Claims that Survive Bankruptcy
Where a plaintiff commences an action in which it is alleged that the claim involves "fraud, embezzlement, misappropriation or defalcation while acting in a fiduciary capacity" by the defendant or that the defendant obtained "property or services by false pretences or fraudulent misrepresentation" the subsequent judgment of the court that the alleged facts have been proved will provide a firm basis for a court at a later date to declare that the claim is one that survives the bankruptcy of the defendant, should that occur. On occasion, however, a defendant may decide not to defend the action, and the plaintiff may obtain default judgment; or, the defendant may consent to judgment in respect of the action, but only on specific terms, which might not include admissions related to section 178(1)(d) or (e) facts. Read the full article, published on the law firm Gehlen Dabbs website. Employer Health Tax Act Receives FICOM News
Visit the FICOM website for more information. BC Securities – Policies & Instruments
For more information visit the BC Securities website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Designated Accommodation Area Tax Regulation (93/2013) | Nov. 1/18 | by Regs 195/2018 and 225/2018 |
Dec. 1/18 | by Reg 226/2018 | |
Government Organization Accounting Standards Regulation (257/2010) | Nov. 7/18 | by Reg 231/2018 |
Insurance Premium Tax Regulation (154/2016) | Nov. 5/18 | by Reg 229/2018 |
Special Accounts Appropriation and Control Act | Nov. 27/18 | by 2018 Bill 45, c. 46, section 158 only (in force by Royal Assent), Budget Measures Implementation (Speculation and Vacancy Tax) Act, 2018 |
ENERGY & MINES | ||
Energy and Mines News: NEB Agrees to Consider Whether Pipeline Serving In argument on the preliminary question of whether his application should proceed, Mr. Sawyer referred to and relied upon a recent Federal Court of Appeal decision in a case related to the NEB's jurisdiction over the proposed Prince Rupert Gas Transmission Project (PRGTP). That decision (which was also prompted by Mr. Sawyer) found that there was a "prima facie" case that the PRGTP appeared to be functionally integrated with federally-regulated works (including the NGTL system) that would also be part of the planned supply to an LNG facility. The Federal Court of Appeal indicated that there was an arguable (prima facie) case that the PRGTP would be functionally integrated with a federal undertaking and subject to the NEB Act. Read the full article by David Stevens, a partner at Aird & Berlis LLP Group. Squamish Nation's Yes to Woodfibre On Friday [November 30th], however, Khelsilem, who goes by his traditional name, found himself front and centre representing council's decision to accept the agreements reached with Woodfibre, FortisBC and the province as the designated spokesman for the governing body. His position is emblematic of the complexity of the Squamish Nation's decision, which featured opposition to the resource development because of environmental concerns, but also a strong desire to exert maximum influence over a project in their territory. "One of the challenges I personally have, and a lot of First Nations have around these projects, is just the way we're set up," Khelsilem said of dealing with large industries and big governments. However, the Squamish were given a unique opportunity to conduct their own environmental assessment of Woodfibre's proposal, separate from the provincial environmental assessment process. Read The Vancouver Sun article. Oil and Gas Amendments Protect The proposed changes will support a made-in-B.C. approach to methane oversight that is equivalent to federal regulations and provide a legal framework for off-site environmental mitigation. These amendments will create the legislative framework for a complaint mechanism that allows the public to request an investigation of alleged contraventions of methane emission regulations and requires the BC Oil and Gas Commission to investigate. Additionally, the amendments will support government's actions to strengthen environmental protection and remediation in areas where oil and gas activities occur. For example, mitigating impacts to caribou habitat within an operating area by treating or restoring previously disturbed caribou habitat outside of the permit holder's operating areas. Read the government news release. Drilling and Production Regulation Amended
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Act or Regulation Affected | Effective Date | Amendment Information |
Clean Energy Act | Nov. 9/18 | by 2018 Bill 34, c. 32, section 5 only (in force by Reg 235/2018), Greenhouse Gas Reduction Targets Amendment Act, 2018 |
Drilling and Production Regulation (282/2010) | Nov. 1/18 | by Reg 174/2018 |
Fee, Levy and Security Regulation (8/2014) | Dec. 1/18 | by Reg 240/2018 |
Hydro and Power Authority Act | Nov. 9/18 | by 2018 Bill 34, c. 32, section 5 only (in force by Reg 235/2018), Greenhouse Gas Reduction Targets Amendment Act, 2018 |
Nov. 27/18 | by 2018 Bill 45, c. 46, section 154 only (in force by Royal Assent), Budget Measures Implementation (Speculation and Vacancy Tax) Act, 2018 | |
Liquefied Natural Gas Project Agreements Act | Nov. 9/18 | by 2018 Bill 34, c. 32, section 5 only (in force by Reg 235/2018), Greenhouse Gas Reduction Targets Amendment Act, 2018 |
Net Profit Royalty Regulation (98/2008) | Nov. 1/18 | by Reg 194/2018 |
Oil and Gas Activities Act | Nov. 27/18 | by 2018 Bill 56, c. 54, sections 2 and 10 only (in force by Royal Assent), Oil and Gas Activities Amendment Act, 2018 |
Oil and Gas Activities Act General Regulation (274/2010) | Nov. 1/18 | by Reg 221/2018 |
Petroleum and Natural Gas Royalty and Freehold Production Tax Regulation (495/92) | Nov. 1/18 | by Reg 194/2018 |
Vancouver Island Natural Gas Pipeline Exemption Regulation (524/95) | Nov. 15/18 | by Reg 237/2018 |
FAMILY & CHILDREN | ||
Family and Children News: The British Columbia Supreme Court on Family Status Discrimination:
Read the full article by Donovan Plomp with McCarthy Tétrault LLP. Law Society Seeks Feedback on Alternate Legal Service Providers Submissions on this consultation paper are collected under authority of the Freedom of Information and Protection of Privacy Act, RSBC 1996, c. 165, s. 26(c). The information will be used to analyze and develop the policy initiative described in the consultation. Read the full notice on the Law Society of British Columbia website. Poverty Reduction Strategy Act
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Act or Regulation Affected | Effective Date | Amendment Information |
Coroners Regulation (298/2007) | Nov. 1/18 | by Reg 222/2018 |
Correction Act Regulation (58/2005) | Nov. 13/18 | by Reg 219/2018 |
Parental Liability Act | Nov. 27/18 | by 2018 Bill 57, c. 49, section 16 only (in force by Royal Assent), Attorney General Statutes Amendment Act, 2018 |
FOREST & ENVIRONMENT | ||
Forest and Environment News: BC's Take on a Modern-Style
The Province is aiming to have the new Act come into force in late 2019 – if that timeline is met, there could be implications for both new and existing major resource projects across the Province around this time next year. Read the full article by Maya Stano and Mark Youden with Gowling WLG. BC Government Review of Professional Reliance At the same time, we have also identified areas of concern and a number of drafting errors and unclear policy provisions. We remain committed to working with government to ensure that Bill 49, should it pass and become law, it functions as effectively as possible in implementation, despite our reservations about the necessity of a new Act and the creation of the Office of the Superintendent of Professional Governance. Read more on the Association of BC Forest Professionals website, and link to the summary of areas supported and a list of drafting errors and unclear policy statements. Viewpoint: Five (More) Things You Should Know about the
Read the full article by Sandy Carpenter with Blake, Cassels & Graydon LLP. Public Invited to Comment on Proposed A complete list and description of the proposed regulations can be viewed here: https://apps.nrs.gov.bc.ca/pub/ahte The proposals include changes to fishing methods, gear, bait, quotas, boundaries and fishery opening and closing dates. These changes are based on regional requirements and conditions, and aim to meet management objectives for native and invasive fish species, while maintaining sustainable angling opportunities for recreational fishers. Read the government news release. BC Faces Lawsuit: Fracking Dams Exempted from A conservation group is suing the BC government for exempting two oilpatch dams from environmental rules years after the dams were built. "It seems like the government was really playing catch-up," Olivia French, the lawyer handling the lawsuit for the B.C. Sierra Club, said Monday. "Progress Energy acted with a bit of disregard for BC's laws – one of those typical, 'Ask for forgiveness, not for permission' sort of positions." The lawsuit asks that the exemptions given the two dams be revoked. French said the issue is becoming too common in the province's northern natural gas fields. A statement of defence has not yet been filed and none of the lawsuit's claims has been proven in court. Progress Energy is an Alberta company owned by Malaysian oil giant Petronas. The dams were built in 2012 and 2014 to store water used by the company's fracking operations northwest of Fort St. John, BC. BC Environment Minister George Heyman said legal officials are looking into the two dams. "It's very clear under the existing Environmental Assessment Act that proceeding with a project without undergoing an assessment is against the act," he said. "Four months ago we referred the results of our investigation to Crown counsel and it's now in their hands." Read The Vancouver Sun article. Report Says Experts Should Monitor BC's "This is a key idea that I think helps move to action quickly," said Brian Starzomski, a biodiversity professor at the University of Victoria. He was co-author of the Protecting Biodiversity In British Columbia study. As the provincial government drafts species-at-risk legislation expected in 2019, Mr. Starzomski's team says the proposed oversight organization is central to their proposal for saving species at risk – a necessity given what the group describes as a "patchwork" of provincial laws and regulations it says has not prevented species loss and decline. The group cites findings by the national Committee on the Status of Endangered Wildlife in Canada that 278 species are at risk of extinction in BC – the largest number in any Canadian province or territory – but notes that BC has no law to protect such species. Read The Globe and Mail article. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Carbon Tax Act | Nov. 9/18 | by 2018 Bill 34, c. 32, section 5 only (in force by Reg 235/2018), Greenhouse Gas Reduction Targets Amendment Act, 2018 |
Climate Change Accountability Act (formerly titled Greenhouse Gas Reduction Targets Act) | Nov. 9/18 | by 2018 Bill 34, c. 32, sections 1, 3 and 4 only (in force by Reg 235/2018), Greenhouse Gas Reduction Targets Amendment Act, 2018 |
Closed Areas Regulation (76/84) | Nov. 22/18 | by Reg 239/2018 |
Drinking Water Protection Regulation (200/2003) | Nov. 15/18 | by Reg 237/2018 |
Environmental Management Act | Nov. 9/18 | by 2018 Bill 34, c. 32, section 5 only (in force by Reg 235/2018), Greenhouse Gas Reduction Targets Amendment Act, 2018 |
Greenhouse Gas Industrial Reporting and Control Act | Nov. 9/18 | by 2018 Bill 34, c. 32, section 5 only (in force by Reg 235/2018), Greenhouse Gas Reduction Targets Amendment Act, 2018 |
Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act | Nov. 9/18 | by 2018 Bill 34, c. 32, section 5 only (in force by Reg 235/2018), Greenhouse Gas Reduction Targets Amendment Act, 2018 |
Hunting Regulation (239/2018) | Nov. 22/18 | by Reg 239/2018 |
Logging Tax Regulation (166/2016) | Nov. 5/18 | by Reg 229/2018 |
HEALTH | ||
Health News: Spotlight on Medical Implant Devices Regulators around the world have been quick to announce plans to address some of the public concerns arising out of the international attention to these products. On November 26, 2018, the U.S. Food and Drug Administration unveiled its plans to update the regulatory review of certain medical devices sold and marketed in the United States. On November 29, 2018, the Canadian Federal Minister of Health announced that Health Canada would focus on strengthening pre-market approvals and post-market surveillance of medical devices, and recognizing the need for increased transparency. The key anticipated changes by Health Canada include:
Read the full article by Glenn Zakaib and Edona C. Vila with Borden Ladner Gervais LLP. BC Brings Gender-Affirming Surgery for "The trans community has advocated over a number of years for improved access to care, including access to complex lower surgeries within BC," said Adrian Dix, Minister of Health. "For those seeking lower surgery, people were required to travel to Montreal or to the U.S., resulting in additional medical risks associated with travelling long distance after surgery and in receiving followup care if there were complications." Reconstructive gender-affirming surgeries will be available within Vancouver Coastal Health starting in 2019. In addition, trans people throughout the province now have improved access to publicly funded gender-affirming chest and breast surgeries. A total of 14 surgeons will provide these surgeries in Burnaby, Kamloops, Kelowna, Port Moody, Prince George, Vancouver and Victoria. Read the BC Government news release. |
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Act or Regulation Affected | Effective Date | Amendment Information |
British Columbia Cancer Agency Research Information Regulation (286/91) | Nov. 15/18 | by Reg 215/2018 |
Medical Research (BC Cancer Agency) and Health Status Registry Act (statute revision of Health Act, RSBC 1996, c. 179) |
STATUTE REVISION Nov. 15/18 |
c. 1, RSBC 2018, in force by Reg 236/2018 |
Transfer of Union Board Powers and Duties Regulation (32/97) | REPEALED Nov. 15/18 |
by Reg 237/2018 |
LABOUR & EMPLOYMENT | ||
Labour and Employment News: Bill C-86: Federal Government Proposes Significant Changes to These amendments result from consultations conducted by Employment and Social Development Canada (the ESDC) in 2017 and 2018 with individuals, trade unions, employers, university professors and other experts and groups advocating the reform of the Code. This article will identify the main legislative changes set out in the Bill. Proposed Amendments
Read the full article by Maryse Tremblay and Rose Massicotte with Borden Ladner Gervais LLP. The British Columbia Supreme Court on Family Status Discrimination:
Read the full article by Donovan Plomp with McCarthy Tétrault LLP. Province to Regulate Recruitment of Temporary Foreign Workers The Act establishes a registry for recruiters and employers of temporary foreign workers. Enrollment requires that foreign worker recruiters be individually licensed. Similarly, employers of temporary foreign workers will be required to be certified before recruiting the services of a temporary foreign worker. The exact process by which recruiters and employers will apply and be licensed or certified has yet to be defined. Read the full article by Deborah Cushing and Jason Harman of Lawson Lundell LLP. Human Rights Amendment Act, 2018
Read the news bulletin on the BC Human Rights Tribunal website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Employment and Assistance Regulation (263/2002) | Dec. 1/18 | by Reg 248/2018 |
Employment and Assistance Regulation (265/2002) | Dec. 1/18 | by Reg 248/2018 |
Human Rights Code | Nov. 27/18 | by 2018 Bill 50, c. 48, sections 1, 3 to 6, 9 and 12 only (in force by Royal Assent), Human Rights Code Amendment Act, 2018 |
Human Rights Code Regulation (373/96) | REPEALED Nov. 27/18 |
by 2018 Bill 50, c. 48, section 17 only (in force by Royal Assent), Human Rights Code Amendment Act, 2018 |
Public Education Flexibility and Choice Act | REPEALED Nov. 8/18 |
by 2018 Bill 41, c. 43, section 1 only (in force by Royal Assent), Advanced Education Statute Repeal Act |
Public Sector Employers Act | Nov. 27/18 | by 2018 Bill 55, c. 53, section 78 only (in force by Royal Assent), Passenger Transportation Amendment Act, 2018 |
Workers Compensation Act | Nov. 27/18 | by 2018 Bill 57, c. 49, section 18 only (in force by Royal Assent), Attorney General Statutes Amendment Act, 2018 |
LOCAL GOVERNMENT | ||
Local Government News: Climate Change and Asset Management Primer For many asset intensive services, climate change makes it more difficult to deliver desired levels of service. It amplifies risk and increases costs required to manage these risks. The greatest impacts are to transportation systems, buildings, water management systems, and marine infrastructure. These assets represent the majority of local government infrastructure assets. Climate change will also impact natural assets, which play a critical role in service delivery for all communities. Wetlands, creeks, deltas, foreshore areas, forests, groundwater aquifers, and other natural assets are all vulnerable to the effects of climate change. However, these natural assets can also provide opportunities to increase community resilience to the impacts of climate change and carbon storage to mitigate changing climate. Read the UBCM article. Off-Street Parking Rights Tax Increased in Gaming Control Act Amended |
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Act or Regulation Affected | Effective Date | Amendment Information |
Administration Delegation Regulation (136/2004) | Nov. 27/18 | by Reg 245/2018 |
Assessment Act | Nov. 27/18 | by 2018 Bill 45, c. 46, section 152 only (in force by Royal Assent), Speculation and Vacancy Tax Act |
Bylaw Notice Enforcement Regulation (175/2004) | Nov. 28/18 | by Reg 244/2018 |
Community Charter | Nov. 9/18 | by 2018 Bill 34, c. 32, section 5 only (in force by Reg 235/2018), Greenhouse Gas Reduction Targets Amendment Act, 2018 |
Gaming Control Act | Nov. 27/18 | by 2018 Bill 57, c. 49, sections 22 to 24 only (in force by Royal Assent), Attorney General Statutes Amendment Act, 2018 |
Home Owner Grant Act | Nov. 27/18 | by 2018 Bill 45, c. 46, section 153 only (in force by Royal Assent), Budget Measures Implementation (Speculation and Vacancy Tax) Act, 2018 |
Local Elections Campaign Financing Expense Limit Regulation (309/2016) | Nov. 27/18 | by Reg 243/2018 |
Local Government Act | Nov. 9/18 | by 2018 Bill 34, c. 32, section 5 only (in force by Reg 235/2018), Greenhouse Gas Reduction Targets Amendment Act, 2018 |
Port Improvements (Berth Corridor) Tax Exemption Regulation (198/2004) | Nov. 27/18 | by Reg 242/2018 |
South Coast British Columbia Transportation Authority Act | Nov. 8/18 | by 2018 Bill 46, c. 44, sections 1 to 9 only (in force by Royal Assent), South Coast British Columbia Transportation Authority Amendment Act (No. 2), 2018 |
Safety Standards Act | Nov. 30/18 | by 2018 Bill 36, c. 36, sections 31 to 43 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act (No. 3), 2018 |
Taxation (Rural Area) Act | Nov. 27/18 | by 2018 Bill 45, c. 46, sections 159 and 160 only (in force by Royal Assent), Budget Measures Implementation (Speculation and Vacancy Tax) Act, 2018 |
Vancouver Charter | Nov. 9/18 | by 2018 Bill 34, c. 32, section 5 only (in force by Reg 235/2018), Greenhouse Gas Reduction Targets Amendment Act, 2018 |
Worker Qualification Regulation | Nov. 30/18 | by Reg 214/2018 |
MISCELLANEOUS | ||
Miscellaneous News: BC Privacy Commissioner Issues Guidance The guidance is rooted in the Commissioner's interpretation of the Personal Information Protection Act (British Columbia), in particular section 11, which provides that "…an organization may collect personal information only for purposes that a reasonable person would consider appropriate in the circumstances…" The Commissioner emphasizes retailers' need to inform individuals about what personal information is being collected, and the purposes for such collection; and recommends a set of best practices for cannabis retailers. Read the full article by Michael R. Whitt Q.C., James D. Beeby, Stephen D. Burns, Kees de Ridder and Graeme S. Harrison with Bennett Jones LLP. Impeachment by Prior Inconsistent Statement |
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Act or Regulation Affected | Effective Date | Amendment Information |
Class Proceedings Act | Nov. 27/18 | by 2018 Bill 57, c. 49, sections 19 to 21 only (in force by Royal Assent), Attorney General Statutes Amendment Act, 2018 |
Committees of the Executive Council Regulation (156/2017) | Nov. 26/18 | by Reg 241/2018 |
Electoral Reform Referendum 2018 Act | Nov. 27/18 | by 2018 Bill 40, c. 55, section 1 only (in force by Royal Assent), Electoral Reform Referendum 2018 Amendment Act, 2018 |
Freedom of Information and Protection of Privacy Act | Nov. 27/18 | by 2018 Bill 50, c. 48, sections 18 and 19 only (in force by Royal Assent), Human Rights Code Amendment Act, 2018 |
Negligence Act | Nov. 27/18 | by 2018 Bill 57, c. 49, section 15 only (in force by Royal Assent), Attorney General Statutes Amendment Act, 2018 |
Poverty Reduction Strategy Act | NEW Nov. 8/18 |
c. 40, SBC 2018, 2018 Bill 39, whole Act in force by Royal Assent |
Recall and Initiative Act | Nov. 8/18 | by 2018 Bill 53, c. 41, sections 1 to 51 only (in force by Royal Assent), Recall and Initiative Amendment Act, 2018 |
MOTOR VEHICLE & TRAFFIC | ||
Motor Vehicle and Traffic News: Ottawa Warns that a Crackdown on Impaired Justice Minister Jody Wilson-Raybould and Border Security and Organized Crime Reduction Minister Bill Blair held a news conference Tuesday [December 4th] to remind Canadians that in two weeks, they will be subject to mandatory alcohol screening if they're stopped by police. "That, frankly, is a game-changer," Blair said. "And what we want all Canadian drivers to understand is that ... should you make the criminal choice to drive under the influence of alcohol or drugs, the likelihood of getting caught is about to increase exponentially because the police have new authorities and new tools to make a determination whether or not that individual has alcohol in their system." Read the CBC article. Unsmoked Pot Pipe Earns Driver First That's what a Calgary man learned the hard way early Tuesday [November 6th] morning when he was stopped at a westbound roadblock on the Lions Gate Bridge and handed a $230 ticket under the new B.C. Cannabis Control and Licensing Act. The 23-year-old wasn't high and wasn't driving poorly. But he did have an unlit pipe full of marijuana sitting on the centre console of his Jeep. "It is important for drivers to make themselves aware of what is and isn't prohibited," said Const. Jeff Palmer of the West Vancouver Police Department. "This issue isn't that the cannabis is possessed to be used. The issue is there's a prohibition of it being possessed in such a way in a motor vehicle." The Cannabis Control and Licensing Act section 81(1)(a) says "an adult must not operate a vehicle ... while the adult has personal possession of cannabis." Read the full article by Karin Larsen on CBC News. Stricter Regulations for Commercial Drivers Previous regulations only required vehicles over 27,000 kilograms to carry and use traction devices, with only one wheel needing chains during winter conditions and mandatory chain-ups. The new, more all-encompassing enhancements clarify requirements for all commercial vehicles over 5,000 kilograms: Read the full government news release. BC Aims to Set Zero-emission Standard on all The legislation will set targets of 10 per cent zero-emission vehicles sales by 2025, 30 per cent by 2030, and 100 per cent by 2040. As part of the plan, the province will boost the incentive program, administered by the New Car Dealers Association of BC, by $20 million this year to encourage more British Columbians to buy clean energy cars. Read the full Global News article. Pedestrian Found 80% at Fault for In the recent case (Vandendorpel v. Evoy) the Plaintiff was struck while crossing a street. He was at a light controlled intersection. He pressed the button to activate the pedestrian walk signal but did not wait for the signal to come on. Instead, he proceeded to cross the street while the signal for traffic in his direction was still red. The Defendant was driving marginally over the speed limit and entered the intersection on a fresh yellow light striking the jaywalking pedestrian. At trial the plaintiff was found 80% at fault for the crash. In upholding this result the BC Court of Appeal agreed with the following reasoning of the trial judge: Read the full article by Erik Magraken with McIsaac and Company. Ride Hailing in BC: Where is it going? CVSE Bulletins & Notices
For more information on these and other items, visit the CVSE website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Commercial Transport Act | Nov. 27/18 | by 2018 Bill 55, c. 53, sections 52 and 53 only (in force by Royal Assent), Passenger Transportation Amendment Act, 2018 |
Insurance Corporation Act | Nov. 27/18 | by 2018 Bill 55, c. 53, sections 55 and 56 only (in force by Royal Assent), Passenger Transportation Amendment Act, 2018 |
Insurance (Vehicle) Act | Nov. 27/18 | by 2018 Bill 55, c. 53, section 61 only (in force by Royal Assent), Passenger Transportation Amendment Act, 2018 |
Insurance (Vehicle) Regulation (447/83) | Nov. 9/18 | by Reg 234/2018 |
Motor Vehicle Act Regulation (26/58) | Nov. 28/18 | by Reg 246/2018 |
Passenger Transportation Regulation (266/2004) | Dec. 1/18 | by Reg 249/2018 |
OCCUPATIONAL HEALTH AND SAFETY | ||
Occupational Health & Safety News: Proposed Policy Amendments Regarding Instalment The Policy, Regulation and Research Division is releasing a discussion paper with options on proposed policy regarding an instalment model for quarterly reporting to stakeholders for comment. Read the full WorkSafeBC news release. Potential Health and Safety Risks of WorkSafeBC Launches Process Safety Initiative A team of prevention officers, engineers, risk analysts and human factors specialists at the agency have come together to conduct inspections and engage employers in process safety. "We are looking at the types of hazards and the risks they pose that are specific to each employer, and how they are managing and controlling those risks," said Gordon Harkness, manager, risk analysis unit, WorkSafeBC. "We want employers to manage the risks that are created through their processes." The initiative is focusing on chemical manufacturing and processing, oil and gas and wood products manufacturing. "We see process safety as the next logical step in the journey that we've been working on with health and safety in the province," said Budd Phillips, manager, prevention field services, WorkSafeBC. Read the full article on the Canadian Occupational Safety website. |
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Act or Regulation Affected | Effective Date | Amendment Information |
Safety Standards Act | Nov. 30/18 | by 2018 Bill 36, c. 36, sections 31 to 43 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act (No. 3), 2018 |
PROPERTY & REAL ESTATE | ||
Property and Real Estate News: Strata Developers Must Act Quickly to Comply with
Read the full article by Michael Wilson of Clark Wilson LLP. Using Strata Lot for Short-term Accommodation Wasn't a Breach of Semmler concerned a strata property that was "comprised of recreational lots and is known as Valley's Edge Resort," located in Edgewater, British Columbia. There were "201 recreational lots in the Strata, made up of 94 cottage lots, 6 park model lots, and 101 recreational vehicle lots." Read the full article by Kevin Zakreski with the BC Law Institute. Change to Strata Property Regulation |
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Act or Regulation Affected | Effective Date | Amendment Information |
Bare Land Strata Regulations (75/78) | Nov. 15/18 | by Reg 234/2018 |
Compensation Action Procedure Rule Regulation (100/2005) | Nov. 15/18 | by Reg 237/2018 |
Land Tax Deferment Act | Nov. 27/18 | by 2018 Bill 45, c. 46, section 155 only (in force by Royal Assent), Budget Measures Implementation (Speculation and Vacancy Tax) Act, 2018 |
Property Transfer Tax Act | Nov. 27/18 | by 2018 Bill 45, c. 46, sections 156 and 157 only (in force by Royal Assent), Budget Measures Implementation (Speculation and Vacancy Tax) Act, 2018 |
Speculation and Vacancy Tax Act | NEW Nov. 27/18 |
c. 46, SBC 2018, 2018 Bill 45, whole Act in force by Royal Assent |
Strata Property Regulation | Nov. 30/18 | by Reg 162/2018 |
WILLS & ESTATES | ||
Wills and Estates News: Moore v. Sweet (Re:) Toigo Estate and the Power of Encroachment In (Re:) Toigo Estate, the Trustees of the Estate of Peter Toigo sought the Court's approval of a resolution allowing for an encroachment of capital in favour of the Testator's spouse. The Trustees sought the Court's declaration that their exercise of discretion was lawful. The Testator created a spousal trust in his Will under which his wife was entitled to receive the net income of the Estate during her lifetime. The Will granted the Trustees uncontrolled discretion to encroach on the capital of the spousal trust in favour of the spouse. Following the spouse's death, the residue was to be divided into twelve equal shares: one share for each of the couple's children, and one share for each of the six grandchildren groups (in other words each group of grandchildren siblings received one share to divided equally amongst them). Read the full article by Carolyn Hogan with Miller Thomson LLP. The Value of Digital Assets and Why It Should |
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Act or Regulation Affected | Effective Date | Amendment Information |
There were no amendments this month. | ||
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