Company and Finance News:

1. provide applicants with additional flexibility in determining their revenue decline for Period 11 (i.e., December 20, 2020 to January 16, 2021); and
2. ensure that landlords with non-arm's length tenants who are subject to a "public health restriction" are not precluded from accessing the lockdown support subsidy of the CERS ("Lockdown Support") due to a drafting issue.

Brief details of these relieving Proposals are provided below. The draft legislative proposals can be found here and the related Government Backgrounder and news release can be found here and here. Read the full article by Stephanie Morand, Jeremy Ho and Brendan Festeryga with McCarthy Tétrault LLP.

Tax Court Reaffirms Legitimacy of "Straddle"
Transactions and Source of Income Test
In Paletta Estate v The Queen, 2021 TCC 11, the Tax Court of Canada allowed the taxpayer's appeal in respect of "straddle" transactions undertaken in the early-2000s. In doing so, the Court expressly held that commercial activities undertaken solely in order to generate tax losses constitute a source of income or loss for tax purposes. Read the full article by Tyler Berg with Thorsteinssons LLP.

Wastech and Discretion: The Supreme Court of Canada on the
Duty to Exercise Contractual Discretion in Good Faith
Good faith requires a party to exercise contractual discretion reasonably, and not in a manner unconnected to the purposes for which it was granted – even when the contract on its face provides for unfettered discretion. So said the majority of the Supreme Court of Canada (the SCC) in Wastech Services Ltd v Greater Vancouver Sewerage District (2021 SCC 7). (Wastech was heard alongside a companion case, which Osler commented on here.) In Wastech, the SCC sought to clarify the scope of the duty to exercise contractual discretionary powers in good faith previously recognized in Bhasin v. Hrynew (2014 SCC 71). In dismissing the appeal, the SCC held that the defendant did not breach the duty of good faith, even though the defendant's actions effectively deprived the plaintiff of profits under the contract, because the impugned conduct fell within the scope and purpose of the discretion bargained for by both parties. The majority of the SCC held: Read the full article by Nancy Roberts, Jacqueline Code, Lindsay Rauccio, Mary Angela Rowe, Kai Sheffield with Osler, Hoskin & Harcourt LLP.

iAnthus Decision Changes the Landscape for Corporate Plans of
Arrangement under the BCBCA by Permitting Third-Party Releases
In two decisions rendered less than one week apart, Justice Gomery of the Supreme Court of British Columbia held that third-party releases may be incorporated into plans of arrangement made under the British Columbia Business Corporations Act (the "BCBCA"). According to the rulings in iAnthus Capital Holdings, Inc. et al. (Re), now upheld by the Court of Appeal for British Columbia, third-party releases may be acceptable so long as they are incidental and supplemental to an order sanctioning the plan of arrangement, and necessary to ensure the arrangement is fully and effectively carried out. Significantly, the ruling means that the BCBCA now offers an attractive option to companies looking to undergo a plan of arrangement containing third-party releases. Read the full article by Jeffrey Levine, James Munro and Tushara Weerasooriya with McMillan LLP.

Cameco: Supreme Court Dismisses CRA Leave
Application in Transfer Pricing Case
[On February 18th], the Supreme Court of Canada dismissed the Minister of National Revenue's ("the Minister") application for leave to appeal in the matter of Canada v. Cameco Corporation, 2020 FCA 112. This is a case of significant importance as it involved the interpretation of the transfer pricing recharacterization rules in paragraphs 247(2)(b) and (d) of the Income Tax Act (Canada) ("Recharacterization Rules"). Read the full article by Anthony Campione, Raj Juneja, Kim Brown, and Fred Purkey with McCarthy Tétrault.

Client Focused Reforms: What You Need to Know!
Amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (Rule) and its Companion Policy, known as the Client Focused Reforms (CFR), are required to be implemented by registrants starting June 30, 2021. The Canadian Securities Administrators (CSA) developed the CFRs based on the concept that the interests of the client should come first in the client-registrant relationship. The enhanced compliance requirements that arise as the CFRs take effect apply to all registered dealers and advisers (and registered investment fund managers under certain circumstances). Amendments came into force on December 31, 2019 with a phased implementation plan beginning on December 31, 2020. The CSA published relief orders providing registrants with additional time to comply with the CFRs, acknowledging operational and compliance challenges resulting from pandemic-related disruption to their businesses, which we wrote about here. To assist registrants as they prepare, the CSA have published guidance in the form of Frequently Asked Questions (FAQ), last updated on December 18, 2020. The Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association (MFDA) were involved in the development of the CFR amendments and will also be amending their rules, policies and guidance. Read the full article by Alix d'Anglejan-Chatillon and Kenneth G. Ottenbreit with Stikeman Elliott LLP.

Corporations Canada Holds Public Consultations on
Proposed CBCA Amendments
Corporations Canada has launched public consultations on proposed regulations under the Canada Business Corporations Act (CBCA) related to recent amendments to the CBCA regarding executive compensation and the well-being of employees, retirees and pensioners.
Read the full article by Kristopher Hanc, Will Osler, Matthew Cunningham and Kate McGrath with Bennett Jones LLP.

Lower Thresholds for Both Competition Act and
Investment Canada Act in 2021
The Canadian government has lowered the 2021 thresholds for both pre-merger notification under the Competition Act and for pre-closing net benefit review of foreign investments under the Investment Canada Act. The pre-closing thresholds under both the Competition Act and Investment Canada Act have been reduced for 2021, as a result of a decline in Canadian GDP in 2020. This post by Stikeman Elliott's Competition & Foreign Investment Group was written with the assistance of Irma Shaboian, articling student at law with Stikeman Elliott LLP.

BC Securities – Policies & Instruments
The following policies and instruments were recently published on the BCSC website:

• 23-328 – CSA Staff Notice 23-328 Order Protection Rule: Market Share Threshold for the Period April 1, 2021 to March 31, 2022
• 33-109 – Proposed Amendments to National Instrument 33-109 Registration Information, 31-103 Registration Requirements, Exemptions And Ongoing Registrant Obligations, and related companion policies
• 51-102 – Adoption of Amendments to National Instrument 51-102 Continuous Disclosure Obligations and Changes to Certain Policies Related to the Business Acquisition Report Requirements and Revocation of BC Instrument 51-518 Temporary Exemption from Certain Business Acquisition Report Requirements
• 45-328 – CSA Staff Notice 45-328 Update on Amendments relating to Syndicated Mortgages National Instrument 45-106 Prospectus Exemptions and National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations and Changes to Companion Policy 45-106CP Prospectus Exemptions and Companion Policy 31-103CP Registration Requirements, Exemptions and Ongoing Registrant Obligations
• 51-362 – CSA Staff Notice 51-362 – Staff Review of COVID-19 Disclosures and Guide for Disclosure Improvements

For more information visit the BC Securities website.

BCFSA News
The BC Financial Services Authority recently published the following announcements:

• Advisory to all CEOs/General Managers/CFOs of British Columbia Credit Unions – Review & Comment on the Proposed DPS
• Guideline – Information Security Guideline
• Media Release – Statement in support of legislative change to create a single, modern, effective financial services regulator
• Advisory to all BC credit unions, trust companies, insurance companies and pension plan administrators – Information Session on Draft Information Security Guideline

Forest and Environment News:

Take Note – Changes Coming to
BC's Site Profile System
Back in January 2020, we posted about the proposed changes to BC's site profile system to address the perceived gaps and weaknesses in the current site identification process. Well the time has come – those changes are about to become reality. The amendments to the Environmental Management Act ("EMR") and the Contaminated Sites Regulation ("CSR") come into effect on February 1, 2021.

What is Site Identification?
Site identification is the process that brings sites to the attention of the Ministry of Environment ("MOE") to ensure investigation and remediation of contaminated sites occurs before any redevelopment. The goal is to ensure both human health and the environment are being protected when sites are being redeveloped. This process applies to sites where specific industrial or commercial activities have occurred.

Read the full article by Richard Bereti and Nicola Virk with Harper Grey LLP.

More Forest Industry Acquisitions
Expected in 2021
Record high lumber prices have left North American forestry companies flush with cash, setting the stage for more forestry M&A activity in 2021. Read the BIV article by Nelson Bennett.

Proposed Changes to BC's Soil Relocation Regulations –
New Testing and Notification Obligations
The Government of British Columbia is in the process of overhauling the legal regime regulating soil relocation in the province, with the stated objective of improving the soil relocation process, enhancing waste soil management, and limiting the amount of soil that ends up in landfills. These proposed changes, which we are told will come before cabinet for approval by the end of 2021, are likely to impact the construction industry, property developers, environmental consultants, operators of soil management sites, and those who intend to remediate their properties.

The overhaul of the soil relocation regime will be accomplished through two sets of amendments. The first set of amendments modify the soil relocation provisions of the Environmental Management Act ("EMA"). These were passed in March 2020 but are not in effect yet. Read the full article by Lana Finney and Ryan McNamara with DLA Piper.

Alaska-BC Mine Rivers Generally Healthy:
State-Province Joint Report
A four-year study of Alaska-BC rivers associated with mining activity – spurred by U.S. and Canadian complaints about environmental threats – has concluded there aren't risks to marine habitat. Read the BIV article by Jeremy Hainsworth.

Environmental Appeal Board Decisions
There were three Environmental Appeal Board decision in the month of February:

• Stanley and Wendy Nichol v. Assistant Water Manager [Stay Application – Granted]
• Comptroller of Water Rights, Water Sustainability Act v. Harrison Hydro Project Inc., Fire Creek Project Limited Partnership, Lamont Creek Project Limited Partnership, Stokke Creek Project Limited Partnership, Tipella Creek Project Limited Partnership, and Upper Stave Project Limited Partnership [Judicial Review –Decision Confirmed]

Environmental Management Act

• Richardson International Limited v. District Director, Environmental Management Act [Preliminary Decision on Hearing Procedure – Granted]

Visit the Environmental Appeal Board website for more information.

Health News:

People Detained in BC Psychiatric Wards Lack Legal Protection
Due to "Uniquely Problematic" Law: Experts
Legislation around involuntary status and deemed consent for treatment needs review, advocate says
A peer-support worker who helps youth with mental health challenges says being involuntarily detained in a psychiatric facility half a dozen times has given him insight into the lack of legal protections for vulnerable patients in British Columbia. Rory Higgs said he first sought treatment in hospital at age 18 during a difficult time in his life, but did not know he could be kept there, medicated against his will and placed in a seclusion room. Read the CBC article.

BC Court of Appeal Rules against Patient Suffering
Nerve Pain after Wisdom Tooth Extraction
The Court of Appeal for British Columbia has dismissed the appeal of a patient who experienced debilitating nerve pain following a wisdom tooth extraction because the patient would have consented to the surgery even if sufficiently apprised of the risk. In Warlow v. Sadeghi, 2021 BCCA 46, the appellant suffered from a painful toothache and facial swelling in her lower right jaw. An emergency dentist recommended that the appellant undergo surgery to have her impacted lower right wisdom tooth extracted. Read the full article by Bernise Carolino published in the Canadian Lawyer.

Labour and Employment News:

BC Human Rights Tribunal Makes Record-Shattering
Award for Injury to Dignity
On January 28, 2021, the B.C. Human Rights Tribunal (the "Tribunal") ordered the Government of British Columbia to pay a total of $974,167 – including a record-shattering $176,000 in compensation for injury to dignity, feelings and self-respect – for discriminating and retaliating against a BC Corrections Officer, contrary to sections 13 and 43 of the BC Human Rights Code (the "Code").

Francis v. BC Ministry of Justice (No. 5), 2021 BCHRT 16 (the "Remedy Decision"), is the latest chapter in a 9-year saga between Levan Francis, a former BC Corrections officer, and the BC Ministry of Justice, North Fraser Pre-Trial Centre ("North Fraser"). In 2012, Mr. Francis filed a human rights complaint alleging that his employer, North Fraser, had discriminated against him on the basis of race and colour, contrary to section 13 of the Code. Mr. Francis also alleged that North Fraser had retaliated against him contrary to section 43 of the Code by treating him with hostility after learning that he had filed a human rights complaint. Read the full article by Laura DeVries and Heather Mallabone with McCarthy Tétrault LLP.

Impact of COVID-19 on the Duty to Mitigate: Early
Indications in BC Supreme Court Decision
Following termination of employment, employees who are seeking damages for wrongful dismissal have a duty to mitigate their losses by taking reasonable steps to find comparable work. Employers considering issues related to common law reasonable notice in recent months should consider whether and to what extent the COVID-19 pandemic will affect the notice period.

In Mohammed v. Dexterra Integrated Facilities Management, 2020 BCSC 2008, the British Columbia Supreme Court addressed the issue of mitigation where a dismissed employee asserted that the COVID-19 pandemic restricted his ability to find new work. Read the full article by Donovan Plomp and Jordan Chu with McCarthy Tétrault.

Can a Few Isolated Comments on an Employee's
Appearance Amount to Discrimination?
In The Sales Associate v. Aurora Biomed Inc. and others (No. 3), 2021 BCHRT 5, The BC Human Rights Tribunal awarded a sales associate $20,000 for injury to dignity, feelings and self-respect after being terminated for raising a sexual harassment complaint and experiencing discrimination at her workplace.

Facts
A sales associate for Aurora Biomed alleged that the founder, Dr. Liang, made comments about her appearance that made her feel uncomfortable and degraded. Comments included calling the sales associate "beautiful girl" or "beautiful lady" instead of using her name, and telling her to smile more.

During her employment, the sales associate complained to her supervisor, Dr. Liang's daughter, about Dr. Liang's actions and that his conduct "could come across" as sexual harassment. A meeting later that month was held between the sales associate, her supervisor, and Dr. Liang. In that meeting, Dr. Liang accused the sales associate of defaming him and asked her to sign a statement affirming that he had not assaulted her. Following this meeting the sales associate was fired.

Read the full article by Brett Weninger with Harper Grey LLP.

Proposed Changes to EI and
Canada Recovery Benefits
On February 19th, Prime Minister Trudeau announced a plan to increase the number of weeks available for benefits under the Canada Recovery Benefit (CRB) and the Canada Recovery Caregiving Benefit (CRCB) by 12 weeks, thus extending the maximum duration of the benefits to 38 weeks. The government also intends to double the number of weeks available under the Canada Recovery Sickness Benefit (CRSB) from two weeks to four weeks. Trudeau also announced proposed changes to regular Employment Insurance. Read the full article by Scott Marcinkow with Harper Grey LLP.

Local Government News:

• establishing a pre-campaign period that increases the length of time election advertising is regulated from 29 days to 89 days;
• limiting sponsorship contributions to $1,200 to match the provincial campaign contribution limit set in 2017;
• requiring elector organizations to register with Elections BC; and
• providing Elections BC with new investigative tools to support investigations and additional penalties to fine people who do not comply with the new campaign financing rules.

The amendments to the Local Government Act, School Act and Vancouver Charter include changes to ensure that candidates have access to residential properties, such as strata properties, to canvass voters and distribute candidate information; address the disenfranchisement of some individuals by removing the requirement that individuals must have been a resident of their community for at least 30 days in order to vote; and ensure constituency among the choices that a court has when declaring an election invalid to improve efficiency for local governments.

New Federal Handgun Legislation to Impact
Local Governments – Early Consolidation
Quickscribe has published an early consolidation of the Criminal Code as it will likely read once Bill C-21 amendments come into law. Among other changes, the newly introduced federal legislation will give municipalities (with permission from the provincial government) the authority to draft bylaws prohibiting handguns within their borders. The mayors of Surrey and Vancouver have already expressed their intent to take advantage of this new legislation in an effort to curb the recent gang-related shootings. As of February 26, Bill C-21 is currently at 2nd reading and, if passed, will come into force by Royal Assent. For more information and background on Bill C-21, visit the Public Safety Canada website.

Bill C-21: Municipal Bylaws and Regulation of Firearms
Gun violence is a significant issue. Currently, pursuant to section 8(5) of the Community Charter, a municipal council may, by bylaw, regulate and prohibit in respect to the discharge of firearms within municipal boundaries, and such bylaws are common throughout BC. On February 16, 2021, Bill C-21 received first reading in the House of Commons. Bill C-21 is an Act to amend certain Acts and to make certain consequential amendments in respect to firearms. Bill C-21 will amend the Criminal Code, Firearms Act, Nuclear Safety and Control Act, and Immigration and Refugee Protection Act. Bill C-21 proposes to add section 58.01 to the Firearms Act, which will be of particular interest to local governments. Read the full article by Kathleen Higgins and Sarah Strukoff with Young Anderson Barristers & Solicitors.

New Firearm Violence Prevention Act
On Wednesday, March 3rd, the government introduced Bill 4, Firearm Violence Prevention Act. According to the government, the new legislation is intended to provide police with new tools to address the misuse of firearms, and particularly the use of firearms by gangs and organized crime to perpetrate violence. The legislation closes gaps in the existing federal and provincial firearms schemes by introducing new prohibitions and measures that will enhance the safety of British Columbians. The Act will create a new offence for drivers who transport a prohibited gun and will allow police to impound vehicles that flee officers or transport these firearms. Also included are restrictions around imitation and low velocity firearms (projectile velocity under 152.4 metres per second – such as BB guns and airsoft guns), including the ban on selling these firearms to youth. The legislation will also provide protection for social workers and health-care workers who breach client confidentiality by reporting to police about guns. Quickscribe intends to publish an early consolidation of this Bill as it will read when it comes into force by regulation at a future date.

New Legislation Intends to Centralize
Homeowner Grant Program
On Tuesday, March 2nd, the government introduced the Home Owner Grant Amendment Act, 2021, which proposes amendments to the Home Owner Grant Act. The primary purpose of the bill is to centralize the homeowner grant program, allowing the province to take over administration of the program from municipalities. It is also intended to ensure that homeowners have access to online application, phone-based support, and quicker application processing, as well as receiving the full amount they are eligible for.

Snow and Ice Clearing Bylaws Do Not Make Adjacent Private Property Owners
Liable to Slip-and-Fall Claimants but May Insulate Local Governments
Many local governments in BC have adopted bylaws that require property owners to clear snow and ice from the sidewalks adjacent to their properties. Questions have been raised whether the imposition of this responsibility in a bylaw also makes the property owner legally liable in negligence if a person were to be injured after slipping and falling on uncleared snow or ice on an adjacent sidewalk. In Der v. Zhao, 2021 BCCA 82, the BC Court of Appeal recently conducted a thorough negligence analysis on this question and found that residential property owners do not owe a duty of care to pedestrians passing by on sidewalks adjacent to their properties that are owned by municipalities, even where a bylaw makes them responsible for snow and ice clearing. The Court found that the local government remains the "occupier" of the public sidewalk and that a breach of a bylaw requirement by the adjacent residential property owner does not give rise to the sufficient proximity required to establish a duty of care to persons passing on the sidewalk. Read the full article by Josh Krusell of Stewart McDannold Stuart.

Private Property Rights, the Common Law and
Land Use Regulation
On January 22, 2021, the BC Court of Appeal issued its judgment in Fonesca v Gabriola Island Local Trust Committee, 2021 BCCA 27, which overturned the trial decision from 2018. The Court of Appeal's decision centres on the relationship of private property rights and a local government's statutory authority to regulate land use. In the lower court decision, the BC Supreme Court had reasoned that a local government did not have authority under its zoning power to infringe on a private owner's "common law riparian right to protect their property where it bounds at sea" absent a clear legislative intent. The Gabriola Island Local Trust Committee (the "Island Trust") appealed this decision and the private landowners cross appealed. The Court of Appeal disagreed with the Supreme Court's reasoning with respect to the restriction on the riparian rights and allowed the appeal. Read the full article by Heidi Boudreau with Stewart McDannold Stuart.

$100-million Fund to Help Local Governments  
Tackle Homelessness During Pandemic
A new $100-million fund will provide grants to local governments and First Nations to tackle homelessness. The grants will fund initiatives such as expanding shelter capacity, building temporary facilities and creating outreach teams to connect people to resources. The announcement Thursday [February 18] comes as communities around B.C. — including Victoria and Nanaimo — have been struggling with how to deal with growing populations of people without homes, many of whom have mental health and addiction problems. Read the Times Colonist article.

ICBC Tribunal Partly Unconstitutional:
B.C. Supreme Court
B.C. Supreme Court March 1 struck down sections of B.C.'s Civil Resolution Tribunal Act dealing with ICBC reforms as unconstitutional. Chief Justice Christopher Hinkson ruled it is unconstitutional for Victoria to simply reassign determination of accident claims out of the courts and to its own online tribunal. Attorney General David Eby, minister in charge of ICBC, said the decision has already been accounted for in the provincial insurances finances and won't affect the COVID-19 rebates or reductions in rates effective May 1. Read the BIV article.

CVSE Bulletins & Notices
The following notices were posted recently by CVSE:

• CVSE 1052 Contacts – Notice to industry that the List of Contacts for use with Form CVSE1052 has been updated (February 16, 2021)
• CVSE 1014 – Additional Routes Added for LCVs in the Okanagan/Lower Mainland Area
• CT Notice 03-20 – Increased Steer Axle Weight and Changes to the Permitting Process for 9-Axle Logging Trucks Approved for Permits Under Letter of Authorization
• VI Bulletin 01-21 – Ex-Military Utility Vehicle Inspections
• CVSE 1040 – Firetruck Application for Municipalities

Motor Vehicle Act

Occupational Health & Safety News:

WorkSafeBC Launches New Workplace Health and
Safety Awareness Campaign amid Pandemic
WorkSafeBC is launching a province-wide, multi-language campaign focused on several specific actions workers and employers need to take to keep workplaces safe from COVID-19. "Our campaign is urging employers to revisit and update their COVID-19 safety plan as conditions change, and make sure it addresses risks in all areas of the workplace, including lunch rooms, hallways and meeting areas," said Al Johnson, head of prevention services for WorkSafeBC. "For workers, our campaign is emphasizing the importance of understanding and abiding by their employer's safety plan. This includes asking questions and sharing safety concerns with their employer, completing a daily health check with their employer before entering the workplace, and staying home when feeling sick." Read the full article by Jim Wilson, published on Canadian Occupational Safety.

WorkSafeBC Updates Guidelines – (February 11)
– from WorkSafeBC:
A number of Occupational Health and Safety regulation guidelines were updated in February. These include:

Guidelines – Occupational Health and Safety Regulation

• Part 8 Personal Protective Clothing and Equipment
• G8.33(2)-1 Approved respirators (revised)
• Part 12 Tools, Machinery and Equipment
• G12.20 Reach distance to overhead power transmission parts (revised)
• G12.28(3) Emergency stopping devices (revised)
• G12.29 Power presses, brake presses, and shears (revised)
• G12.56 (and 4.3(1)&(2)) Powder actuated tools – Use and service in accordance with manufacturer's instruction (retired)
• G12.120 Reverse gas flow and flashback prevention (revised)
• Part 20 Construction, Excavation and Demolition
• G20.123 Alternate acceptable standard (new)

• Regulated and Unregulated Health Professionals SARS-CoV-2 Immunization Order – February 23, 2021 (PDF, 401KB)
• Emergency Medical Assistants SARS-CoV-2 Immunization Order – February 23, 2021 (PDF, 295KB)
• Gatherings and Events – February 10, 2021 (PDF, 450KB)

Property and Real Estate News:

New Legislation Intends to Expand
Protection to Renters
On Monday, March 1st the government introduced the Tenancy Statutes Amendment Act, 2021. This bill includes proposed amendments to the Manufactured Home Park Tenancy Act and the Residential Tenancy Act. The new legislation will continue the freeze on rent increases for the remainder of 2021. According to the government, the other amendments intend to improve safety and fairness for renters and rental housing providers by:

• stopping renovictions by having landlords apply to the residential tenancy branch prior to ending a tenancy for renovations;
• expanding the RTB's ability to review director's decisions and to initiate a review on the director's initiative;
• clarifying language around the Manufactured Home Park Tenancy Act park rules;
• clarifying that the monetary limit for claims under the Small Claims Act applies only to claims for debt or damages;
• clarifying when the director does not have jurisdiction to resolve a dispute;
• clarifying the director's authority to compel records and information related to an investigation and providing regulation-making power to establish procedures to object to a director's demand for records;
• allowing the director to order a person to pay an administrative penalty if the person commits fraud in a dispute resolution proceeding or an administrative penalty investigation or hearing or fails to comply with the demand for records;
• creating review consideration grounds that are specific to administrative penalties;
• ensuring that the director must grant a monetary order for unpaid rent, along with an order of possession of a tenant dispute, so notice to end tenancy for unpaid rent that is dismissed by the director and the notice is upheld.

Minor changes to regulation-making power will ensure that government can implement a process that will allow landlords to apply for an additional rent increase for capital expenditure.

New Legislation Intends to Transition Regulation of
Real Estate to B.C. Financial Services Authority
On Tuesday, March 2nd, the government introduced the Finance Statutes Amendment Act, 2021, which includes proposed amendments to the Real Estate Services Act to enable the transition to a single regulator of real estate under the BC Financial Services Authority. This is intended to improve efficiency over the current co-regulator model where the office of the superintendent of real estate and the Real Estate Council of B.C. share responsibility for regulating real estate in the province.

Evicting BC Condo Owners Who Repeatedly Violate
COVID-19 Orders Not Simple: Experts
What can be done about problematic condo owners who repeatedly break COVID-19 rules? This question is being raised after a Vancouver man was arrested Sunday [January 31st] when police attended his penthouse, which was allegedly being run as a makeshift nightclub in recent months. There are steps property owners in a building can take against other owners but, it isn't all that simple. Tony Gioventu with the Condominium Home Owners Association says some buildings in downtown Vancouver have hired security guards — but if you want to kick an owner out of a building — it's complicated. Read the News 1130 article.

Keeping It Together: How Strata Corporations Can Keep Electronic
Meetings on the Books When Ministerial Order M114 Is Repealed
On April 15, 2020, the BC Minister of Public Safety and Solicitor General issued Ministerial Order M114 under the Emergency Program Act enabling all strata corporations to hold their meetings electronically. This Order dispensed with the ordinary requirement that communities wishing to conduct their meetings electronically needed to have a bylaw in place to enable that form of attendance. The purpose of the Order was to assist strata corporations with conducting their business in accordance with public health orders and physical distancing requirements while reducing the risk of COVID-19 transmission in the community.
[…]
On February 16, 2021, the province passed Order in Council 81/2021 which will repeal the ability of strata corporations to hold electronic meetings without a bylaw as of July 10, 2021. In other words, absent a future legislative amendment or Order giving strata corporations the same allowances provided under Ministerial Order M114, communities wishing to continue conducting electronic meetings will need to have a bylaw in place prior to July 10th in order to validate this form of meeting. So where does this leave strata corporations if this meeting allowance is not extended? Read the full article by Lisa Mackie with Alexander Holburn Beaudin + Lang LLP.