COMPANY
& FINANCE |
Company and Finance News:
Hi-cost Credit Rules Kick in May 1st
Effective May 1st, changes to the Business Practices and Consumer Protection
Act come into force that will provide for a new
hi-cost credit regime that will regulate brokers and payday
lenders. The new rules provide consumer protections to
financially vulnerable British Columbians who rely on these
high-cost financial services. For more information on these
changes, read the official government news release.
A Critical Analysis of the Principal Income
Tax Measures from Federal Budget 2022
(and Subsequent Legislative Proposals)
Budget 2022: A Plan to Grow Our Economy and Make Life More
Affordable ("Budget 2022") was tabled by the Federal
Government on April 7, 2022 ("Budget Day"). The government
professed a desire to return to fiscal responsibility after two
years of COVID-19 support measures, and introduced a number of
significant income tax proposals in furtherance thereof. Our
recent post by Jennifer Flood and Greg DelBigio
reviewed the proposals designed to increase the CRA's
enforcement powers and prosecute financial crime. In this post,
we discuss certain key income tax proposals for individual and
corporate taxpayers. This post also considers proposed
legislation released by the Department of Finance on April 26,
2022, which cover several of the proposed measures. Read the full article by Gloria Wang, Sarah Faber, and Alexander Demner with Thorsteinssons
LLP.
British Columbia Court of Appeal Says
Shotgun Offer Can't Be Revoked
Be careful before you pull the trigger – this is the main
takeaway from the recent decision of Blackmore Management Inc. v. Carmanah
Management Corporation, in which the British
Columbia Court of Appeal (BCCA) concluded that an "offer" made
pursuant to a standard shotgun clause in a shareholders'
agreement could not be unilaterally revoked.
Background
The respondent shareholders (Carmanah and Amphitrite;
together, the Respondents) elected to invoke the shotgun
clause in their shareholders' agreement. Pursuant to the
clause, the Respondents delivered a "compulsory offer" to the
other shareholder (Blackmore), who then had sixty days to
elect whether to sell its shares to the Respondents or
purchase the Respondents' shares at a valuation stipulated in
the shotgun offer.
Read the full article by Jonathan Buysen and Brendan Kennedy with Stikeman Elliott
LLP.
Update on New Legislation for B.C. Credit Unions
–
Trade Names, Market Conduct Codes, Complaint
Resolution Procedures and More
On November 28, 2019, the Financial Institutions Amendment
Act, 2019 (BC) ("Bill 37") received Royal Assent. Bill 37
modernizes the legislative framework of the Financial Institutions Act (BC)
(the "FIA") and the Credit Union Incorporation Act
(the "CUIA") and follows an extensive consultation process
conducted by the Ministry of Finance in relation to its review
of the FIA and CUIA. Bill 37 introduces significant changes to
the regulation of financial institutions in British Columbia.
These changes are being implemented in stages. The first set of
changes came into force in 2020. On February 17, 2022, the
Lieutenant Governor signed orders-in-council bringing into
force several more provisions of Bill 37, with effective dates
of February 17, 2022, and June 30, 2022. Read the full article by Lauren Frederick and Peter Brown of Edwards, Kenny & Bray
LLP.
Swimming Downstream: Supreme Court of British Columbia
Clarifies Section 45 of the Competition Act
In Part I of this two-part series, we
covered Jensen v. Samsung Electronics Co. Ltd.,
where the Federal Court refused certification because the
plaintiffs failed to provide sufficient material facts to
support a claim for conspiracy under sections 45 and/or 46 of
the Competition Act, R.S.C. 1985, c.
C-34. This week, we consider the Supreme Court of British
Columbia decision of Latifi v. The TDL Group Corp., 2021 BCSC 2183 where the court held that
s. 45—a prohibition on conspiracies between
competitors—does not apply to "buy-side" or "upstream"
agreements for the purchase of products. Read the full article by Akiva Stern of McCarthy Tétrault.
BC Securities – Policies & Instruments
The following policies and instruments were recently published
on the BCSC website:
- 41-101 – CSA Notice and Request
for Comment Proposed Amendments and Proposed Changes to
Implement an Access Equals Delivery Model for
Non-Investment Fund Reporting Issuers
- 94-101 – National Instrument
94-101 Mandatory Central Counterparty Clearing of
Derivatives Adoption - National Instrument 94-101
Mandatory Central Counterparty Clearing of Derivatives
- 43-401 – CSA Consultation Paper
43-401 Consultation on National Instrument 43-101
Standards of Disclosure for Mineral Projects
- 41-101CP – CSA Notice of Changes
to Companion Policy 41-101CP to National Policy 41-101 General
Prospectus Requirements Related to Financial Statement
Requirements
- 31-103 – Publication for comment:
Proposed total cost reporting for investment funds and
segregated funds
- 25-303 – Canadian Securities
Administrators (CSA) Staff Notice 25-303 – 2021
CSA Annual Activities Report on the Oversight of
Self-Regulatory Organizations and Investor Protection Funds
For more information visit the BC Securities website. |
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Business Practices and Consumer Protection Act |
May 1/22 |
by 2019 Bill 7, c. 22, sections 1 (a), 3, 10 (part), 11, 13 to
15 and 16 (part) only (in force by Reg 289/2021), Business Practices and Consumer Protection
Amendment Act, 2019, as amended by 2021 Bill 21, c. 27,
section 36 only (in force by Royal Assent), Miscellaneous Statutes Amendment Act
(No. 2), 2021 |
Business Practices and Consumer Protection Regulation
(294/2004) |
May 1/22 |
by Reg 289/2021 |
High-Cost Credit Products Regulation (290/2021) |
NEW
May 1/22 |
see Reg 290/2021 |
National Instrument 94-101 Mandatory Central Counterparty
Clearing of Derivatives (129/2017) |
Apr. 12/22 |
by Reg 104/2022 |
Payday Loans Regulation (57/2009) |
May 1/22 |
by Reg 289/2021 |
FOREST
& ENVIRONMENT |
Forest and
Environment News:
The Forest Amendment Act, 2021: Bill 28 and Tenure Redistribution On November 25, 2021, the Forest Amendment Act, 2021 (otherwise known as Bill 28) passed through the BC Legislature and received Royal Assent. While it also includes other miscellaneous changes to the Forest Act (the Act), the primary focus of Bill 28 is on the expropriation and redistribution of existing harvesting rights. As a government news release announced when Bill 28 was introduced into the Legislature, "government will be able to reduce the timber harvesting rights of existing forest tenure holders, compensate them and then redistribute the timber harvesting rights to First Nations, communities, and BC Timber Sales." One must marvel at the sense of irony in the government House Leader's office given how government's legislative agenda was scheduled so that Bill 28 received the same bill number as the old Forestry Revitalisation Act of 2003, the last substantial legislative take-back of harvesting rights in BC, and also known as Bill 28 (the Old Bill 28). Read the full article by Jeff Waatainen in the Spring 2022 issue of BC Forest Professional.
Key Developments in British Columbia and Federal Environmental Law There were many important developments in environmental law in 2021. Reconciliation with Indigenous peoples, climate change, and managing industrial impacts were key topics that shaped judicial, legislative, and policy changes in British Columbia and across Canada. With respect to judicial developments; jurisdictional disputes, approval of industrial developments, contaminated sites, and environmental prosecutions resulted in groundbreaking changes in environmental law. There were also important legislative developments: several significant amendments were proposed, introduced, and passed. At the provincial level, there are new regulations that require more rigorous procedures for operations using fossil fuels. Federally, developments include the introduction of new regulations respecting hazardous waste and recyclables, air pollutants, and gasoline. Read the full article by Dionysios Rossi, Alysha Flipse, Marlena McMurtry with Borden Ladner Gervais LLP. The article includes a link to the firm's recent publication of Environmental Law.
Water Security Will Be Growing Focus of ESG Issues in Mining Industry: Bennett Jones Lawyer BC government recently announced it is developing its first watershed security strategy. The increasing focus governments have put on water security, and water management means the mining industry will need to adapt to new environmental social and governance (ESG) standards, says Bennett Jones partner Sharon Singh. "There have always been water-related issues within the mining industry," says Vancouver-based Singh. She says these issues don't only arise in locations where water is scarce but in regions like Canada where water is seen as abundant. Read the full article by Zena Olijnyk on Canadian Lawyer.
BC Doubles Forestry Revenue Rates for First Nations as Long-term Plans Underway The BC government says it's doubling the amount of forestry revenue that eligible First Nations receive as the province works on a new forestry revenue-sharing model with First Nations leadership. This interim enhancement is expected to boost First Nations forestry revenue by $63 million this year, as the shared revenue rates increase by five per cent – from three, four or five per cent to eight, nine, or 10 per cent. This shared revenue rate will be in effect until the province completes its new forestry revenue-sharing model, which is being co-developed with First Nations, and is expected to take at least two years to finalize. Read the CTV article.
BC Announces $19 Million in Funding to Forests Ministry to Fight Climate Change Both sides on the issue of old-growth logging in British Columbia are so polarized they "can't see the forest for the trees," Forests Minister Katrine Conroy said Thursday [April 28]. Conroy told those attending the BC Council of Forest Industries conference that, though old-growth logging has garnered passionate public debate, she believes the views of most residents fall somewhere in the middle of the extremes. Read the full article in the National Post.
Province Reveals Plans for BC's Upcoming Wildfire Season The province says it has learned from its mistakes and will apply those lessons to the looming wildfire season. MLA Murray Rankin, Minister of Indigenous Relations and Reconciliation, and Vernon Monashee MLA Harwinder Sandhu held a press conference Tuesday [April 20] to discuss what the province will be doing in 2022 to mitigate wildfires. Budget 2022 provides more than $2.1 billion to help people recover from the devastating floods and wildfires of last year, and to better protect communities against future climate disasters. Read the BIV article.
Environmental Appeal Board Decisions No Environmental Appeal Board decisions were made in April. Visit the Environmental Appeal Board website for more information.
Forest Appeals Commission Decisions The following Forest Appeals Commission decision was made recently:
Wildfire Act
Visit the Forest Appeals Commission website for more information. |
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Conservation Officer Service Authority Regulation (318/2004) |
Apr. 4/22 |
by Reg 86/2022 |
Lymantria Moth Eradication Regulation (100/2022) |
NEW
Apr. 11/22 |
see Reg 100/2022 |
North American Gypsy Moth Eradication Regulation (102/2021) |
REPEALED
Apr. 11/22 |
by Reg 100/2022 |
Water Sustainability Regulation (36/2016) |
Apr. 1/22 |
by Reg 84/2022 |
HEALTH |
Health News:
New Legislation Aims to Clarify
Rights under Mental Health Act
On April 28, the BC government introduced Bill 23, Mental Health Amendment Act,
2022. According to Minister of Attorney General David Eby,
the intent of this legislation is to ensure that those
individuals who are involuntarily admitted under the Mental Health Act understand their
legal rights. Under the Act, involuntary patients must be
informed of their rights when they are involuntarily admitted,
transferred to another designated facility, or when their
involuntary status is renewed. The Bill also establishes the
duties of rights advisers and the responsibilities of directors
of designated mental health facilities in facilitating access to
the service, which is expected to be available in 2023. Read the
official government news release for more information.
Stigma [Mental Illness] Not the Foundation
of a Class Proceeding
In K.O. v. British Columbia (Ministry of
Health), the British Columbia Supreme Court
dismissed an application for certification of a claim under
BC's Class Proceedings Act ("CPA") in
which the proposed representative plaintiff alleged systemic
failures in the healthcare system impacting a proposed class of
every BC resident since 1974 suffering from a recognized mental
illness. The primary allegation by the plaintiff K.O. was that
stigma against mental illness was systemic and structural and
that the Defendant, the BC Ministry of Health's failure to
tackle that stigma constituted both negligence and a violation
of the Canadian Charter of Rights and Freedoms
(the "Charter"). Read the full article by Ricki T. Johnston with
Gowlings WLG.
Health Canada Announces Review of All MDMA Trials, as
Complaint Alleges Major Flaws and Safety Issues
Concerns about patient safety, reports of increased suicidal
thinking, and allegations of flawed research are at the heart
of a new complaint to Health Canada over the much-hyped
clinical trials for the use of MDMA to treat post-traumatic
stress disorder. The complaint about Health Canada-approved
trials conducted by the U.S.-based Multidisciplinary
Association for Psychedelic Studies (MAPS) was submitted to the
federal agency on March 4 by a group of academics and
journalists. Health Canada confirmed Wednesday [April 4] that
it's now reviewing all trials involving MDMA to ensure patient
safety and compliance with regulations. Read the CBC article.
165 British Columbians Lost to Toxic
Drug Supply in March 2022
Toxic drugs have claimed the lives of more than 150 British
Columbians for the 18th consecutive month, according to the
latest preliminary data released by the BC Coroners Service.
Read the full government news release.
'A Big Crisis': How BC's Family
Doctor Shortage is Spreading
Off a quiet road next to the local Lion's Club and skate park,
the clinic offers a helicopter landing pad, part-time nurse
practitioner, massage therapist and chiropractor, among other
services. But in the end, said Kendall Kyle, chair of the
Galiano Health Care Society, "The whole idea of the health care
centre was to have a place that would encourage a doctor to
come." Built three decades ago, for the last eight years, Dr.
Erin Carlson has cared for the community, even as its
population spiked by more than a third in the last national
census. "It was a great time for health care on Galiano," said
Linda Ruedrich, who manages the clinic as executive director.
The model worked, at least for a while. Read the BIV article.
BC PharmaCare Provides New,
Expanded Coverage
Thousands of people in BC will benefit from BC PharmaCare's
new and expanded coverage of medications for ulcerative colitis
and Crohn's disease, severe hypoglycemia, migraines, the
treatment of low white blood cell levels, multiple sclerosis,
heart failure, and birth control. Effective April 12, 2022,
vedolizumab (Entyvio), which is used in the treatment of
moderately to severely active ulcerative colitis and Crohn's
disease, has a new method of administration (subcutaneous
injection) covered through BC PharmaCare. This offers patients
more convenience as they can administer the medication
themselves. Currently, this treatment is administered in
clinical settings intravenously (IV) and is also covered
through BC PharmaCare. Read the full government news release.
Supporting International Nurses into
BC's Health System
To meet the increasing demand for nurses in British Columbia,
the Province is making it easier for eligible internationally
educated nurses (IENs) to enter the province's health system so
they can support British Columbians' health-care needs sooner.
Together with the British Columbia College of Nurses and
Midwives (BCCNM), the Nursing Community Assessment Service
(NCAS) and Health Match BC (HMBC), the Province is supporting
IENs who want to work in B.C. by:
- consolidating the provincially based assessment processes
for IEN candidates;
- offering approximately $9 million in bursaries to
help with assessment fees, which is expected to benefit
approximately 1,500 IENs in the first year; and
- creating new nurse navigator positions to help IENs
navigate the assessment and licensing process.
Read the government news release. |
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Accessible British Columbia Regulation (105/2022) |
NEW
Apr. 14/22 |
see Reg 105/2022 |
Drug Schedules Regulation (9/98) |
Apr. 19/22 |
by Reg 106/2022 |
Enforcement Regulation (4/2015) |
Apr. 27/22 |
by Reg 109/2022 |
E-Substances Regulation (186/2020) |
Apr. 4/22 |
by Reg 87/2022 |
Medical and Health Care Services Regulation (426/97) |
Apr. 22/22 |
by Reg 108/2022 |
LABOUR
& EMPLOYMENT |
Labour and Employment News:
Labour Relations Code Amendments Introduce Single-step Certification On April 6, the government introduced Bill 10, the Labour Relations Code Amendment Act, 2022, which proposes amendments to the Labour Relations Code with two main objectives. The first will establish a single-step (or "card-check") union certification system. In the current two-step system, certifying a union requires that 45% of workers sign union membership cards before holding a vote. The proposed amendments would allow certification if 55% of workers sign membership cards without a vote. However, if between 45% and 55% of employees sign membership cards, the second step of a secret ballot vote will then be required. The proposed amendments would also allow workers in the construction sector to change unions annually, rather than waiting the currently required three years. This amendment is intended to allow employees the opportunity to switch unions during the span of a construction project which may last less than three years. For more information on these proposed changes, please see the government news release or the article No Bluff: British Columbia Government Introduces Card-Check Certification, Stacking the Deck in Favour of Unions by Gary T. Clarke, Kris R. Noonan and David M. Price with Stikeman Elliott.
Unsigned Employment Contracts Can Be Enforceable in Some Circumstances A recent BC Supreme Court decision demonstrates that an employment contract does not necessarily need to be signed by the employee in order to be enforceable as long as there is clear evidence that the employee agreed to the terms in the contract.
Facts In Asgari Sereshk v. Peter Kiewit Sons ULC, 2021 BCSC 2570, the plaintiff, Mr. Sereshk worked for the defendant, Peter Kiewit Sons ULC (the "Company") as a project engineer from 2008 to 2015. He subsequently left to work for a competitor. In 2019, the Company again offered Mr. Sereshk employment as a project manager. The proposed contract had a clause which allowed the Company to terminate Mr. Sereshk's employment "for any reason, without cause or serious reason" upon giving the minimum amount of advance notice, or pay in lieu of notice, provided for under the applicable provincial employment/labour standards legislation.
Read the full article by Neal Parker with Harper Grey LLP.
BC Court Confirms High Threshold for Proving Family Status Discrimination in Employment The BC Supreme Court recently confirmed the test for family status discrimination in the case of Gibraltar Mines Ltd. v Harvey, 2022 BCSC 385. Ms. Harvey and her husband were employed by Gibraltar Mines Ltd. near Williams Lake. They worked the same 12-hour shifts. After she gave birth to her first child, Ms. Harvey and her husband requested a change for one of their work schedules so they could access childcare. Read the full article by Scott Marcinkow with Harper Grey LLP.
BC Case Deals with Enforceablity of Handbook Termination Clause, When a Termination Took Place and Frustration under COVID In Verigen v. Ensemble Travel Ltd., (2021 BCSC 1934) Justice Milman had a situation of a 55 year old Business Development Director (really more of a sales person) with 13 months service who was given a temporary layoff notice at the beginning of COVID. The plaintiff consented to the first time limited layoff and consented to a second one but did not consent to at third extension beyond August, 2020. Read the full article by Barry B. Fisher, LLB on First Reference.
Minimizing Biases in the Hiring Process Employers often make hiring decisions based on a multitude of objective and subjective factors. Given that personal biases often play a conscious or unconscious role in these decisions, employers face the risk of finding themselves the subject of a complaint to the British Columbia Human Rights Tribunal (the "BCHRT") where an applicant speculates that there has been some form discrimination in the hiring process. A recent complaint [2022 BSHRT 41] to the BCHRT highlights to employers the importance of mitigating the potential impact of biases through adopting a well thought out and documented hiring process. Read the full article by Kirstin Mase and Hailey Pattenden of Edwards, Kenny & Bray LLP.
|
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Employment and Assistance Regulation (263/2002) |
May 1/22 |
by Reg 85/2022 |
Employment and Assistance for Persons with Disabilities
Regulation (265/2002) |
May 1/22 |
by Reg 85/2022 |
Firefighters' Occupational Disease Regulation (125/2009) |
Apr. 22/22 |
by Reg 107/2022 |
LOCAL
GOVERNMENT |
Local Government News:
A Closer Look at the Study Paper on
Public Hearings: Historical Legislation
This post is part of a series highlighting BCLI's Study Paper on Public Hearings: An
Examination of Public Participation in the Adoption of Local
Bylaws on Land Use and Planning. For other posts in the
series click here.
Town Planning Act (1925)
In the early 20th century British Columbia's local
governments had rudimentary land use-planning powers that
were "tightly worded to equip local governments to deal only
with particular land use issues," which meant that the
governing provincial "legislation thereby reflected a
prevailing view that local governments should be empowered to
interfere with private land use decisions only sparingly."
But in 1925, BC changed course by enacting "[t]he first
comprehensive delegation of legislative power to regulate
land use in BC."
Read the full article by Kevin Zakreski with the
British Columbia Law Institute.
Bill 20 - Municipal Affairs Statutes Amendment
Act, 2022 Introduced
On April 7, the BC government introduced Bill 20, which proposes
amendments to several Acts including the Local Government Act, Community Charter and
others. According to the government, the intent of these
changes will be to achieve five objectives:
- Remove redundant legislation that is no longer required
- Clarify local government's authority on electronic meeting
and subdivision of land that is not agricultural land
- Accommodate gender-neutral language
- Provide the city of Vancouver the same authority all other
local governments have, to do energy benchmarking
- Implement a new requirement for local elected officials who
are charged with or convicted of criminal offences. The
requirement will be for the official to go on a mandatory
paid leave when charged with a serious criminal offence until
the criminal process is complete or the charges
resolved.
These changes will come into force if and when this Bill
reaches Royal Assent. If you would like to be notified
when these or other changes come into force, we suggest using
the BC Legislative Digest or Keyword Alert tools, both located
on the My Alerts tab.
Province Releases DRIPA Action Plan:
Implications for Local Governments
On March 30, 2022, the Province released its highly-anticipated
Action Plan for implementing the Declaration of the Rights of Indigenous
Peoples Act ("DRIPA"). The overarching purpose of
DRIPA is to implement the objectives of the United Nations
Declaration on the Rights of Indigenous Peoples (the "UNDRIP"),
including to facilitate the alignment of provincial laws with
UNDRIP. The Action Plan, which was developed in consultation
with Indigenous peoples, outlines 89 specific action items that
various provincial ministries will be responsible for
implementing over the years of 2022 to 2027. As required by section 5 of DRIPA, progress on the
Action Plan will be reviewed and reported annually. Read the full article by Julia Tikhonova and Reece
Harding with Young Anderson Barristers & Solicitors.
Review of Police Act Suggests BC Get Rid of
RCMP,
Move to Provincial Police Force
Mike Farnworth, Minister of Public Safety and Solicitor
General, has released the following statement in response to
the report by the Special Committee on
Reforming the Police Act: "The recommendations from the Special
Committee on Reforming the Police Act echo our government's
belief that everyone deserves equal treatment by the police.
"This has not always been the case for many Indigenous, Black
and other people of colour. Public trust requires that the
delivery of police services is fair, equitable and responsive
to all British Columbians. Read the full government news release.
Victoria Council Unanimously Passes Motion for
Affordable Housing Construction
This makes it the first municipality in the province to approve
a citywide expedited process for building affordable housing.
Some affordable housing projects in Victoria will now be able
to skip rezonings or public hearings after city council
unanimously passed a motion at a meeting Friday [April 15]. The
city says the new legislation will accelerate construction for
non-profit, government or co-op housing projects that are
consistent with the city's community plan and design
guidelines. Plans that meet the criteria will be delegated to
staff for approval, which the city estimates will reduce
project timelines by about nine months. This makes it the first
municipality in the province to approve a citywide expedited
process for building affordable housing. Read the Vancouver
Sun article.
Bonding Strategy Proposed for Industrial Projects
The Ministry of Environment and Climate Change Strategy has
released a discussion paper on the Public Interest
Bonding Strategy. The objective of the Strategy is to ensure
that owners of industrial projects pay the full costs of
environmental clean-up and remediation, even if projects are
abandoned. Read the full UBCM article.
Recent Changes to Date Calculator
On February 28, B.C. Reg. 17/2022 brought into force
sections of the Municipal Affairs and Statutes Amendment
Act (No. 2), 2021, SBC 2021, c. 30. The changes
include
- revised public notice requirements, allowing local
governments to establish, by bylaw, alternative notice
methods, such as providing online notice (providing notice
via newspaper remains an option); and
- amendments to the Islands Trust Act which make
notice requirements consistent with those in the Community Charter.
Some of the changes amend the dates and events in the
Quickscribe Date Calculator tool, accessible via the left
navigation when you login to your Quickscribe Online
(CivicLaws) account. The events affected include the Notice of
Council Hearing in Relation to Suspension or Cancellation of a
Business Licence, Deadline for Electoral Responses in An
Alternate Approval Process, Public Hearings and Public Notice
in Accordance with Section 94 of the Community Charter. The
Date Calculator references have been updated to reflect these
changes. It is worth noting that the requirements that local
governments consider developing a code of conduct for council
members, or updating an existing code have not yet come into force. Quickscribe
would like to thank Ryan Bortolin, partner with Stewart McDannold Stuart Barristers &
Solicitors (SMS), for his efforts to help us consolidate
these changes. Stewart McDannold Stuart is a Victoria-based law
firm devoted to providing legal services to local governments
in British Columbia.
School Amendment Act, 2022 Introduced to
Support Francophone Education
Bill 22, introduced on April 26, proposes
amendments to the School Act to meet the province's
constitutional obligations under the Canadian Charter of Rights and Freedoms,
clarified and defined in a 2020 Supreme Court of Canada decision.
The amendments will assist the province in delivering francophone
educational programs to children of minority language education
rights holders by allowing the implementation of capital strategy
to support the Conseil scolaire francophone in acquiring land and
school facilities for francophone education programs. |
Act or Regulation Affected |
Effective
Date |
Amendment Information |
Assessment Authority Act |
Apr. 1/22 |
by 2020 Bill 10, c. 1, section 2 only (in force by Royal
Assent), Municipal Affairs and Housing Statutes
Amendment Act, 2020 |
Home Owner Grant Regulation (100/2002) |
Apr. 11/22 |
by Reg 93/2022 |
Liquor Control and Licensing Regulation
(241/2016) |
Apr. 7/22 |
by Reg 89/2022 |
Apr. 11/22 |
by Reg 97/2022 and Reg 98/2022 |
Apr. 30/22 |
by Reg 241/2016 |
Taxation (Rural Area) Act Regulation (387/82) |
Apr. 11/22 |
by Reg 102/2022 |
MOTOR
VEHICLE & TRAFFIC |
Motor Vehicle and Traffic
News:
Notice – New Edition of CAN/CGSB 43.146 Is Published A new edition of the following standard has been developed by the Canadian General Standards Board (CGSB) Technical Committee and was published in March 2022:
CAN/CGSB 43.146 "Design, manufacture and use of intermediate bulk containers (IBCs) for the transportation of dangerous goods, Classes 3, 4, 5, 6.1, 8 and 9".
Read the full notice on the Transport Canada website.
Transportation Act Amendments Aim to Increase Housing and Services near Transit Hubs Bill 16, the Transportation Amendment Act, 2022, was recently tabled in the legislature. The bill proposes amendments to the Transportation Act that would allow the BC Transportation Financing Authority to acquire land for transit-related development near transit stations and bus exchanges. Currently, BCTFA may purchase land only for transportation projects. The Bill 16 amendments would enable BCTFA to also purchase or improve land near stations and exchanges for related purposes, including building housing and community amenities such as child care centres, commercial services, schools, health-care centres, public gathering spaces and recreation centres. The amendments are intended to increase the amount of housing and number of services close to public transit in order to create more accessible communities and increase transit use.
BC Driver Who Took Speed Limit Sign as "Suggestion", Despite Bad Weather, Tries to Sue over Crash into Truck A British Columbia driver who was injured in a car crash several years ago said in a lawsuit involving the provincial auto insurer that she took a speed advisory sign as a "suggestion," despite poor weather conditions. The driver was hurt in a crash near Pender Harbour on BC's Sunshine Coast the summer of 2016. The court heard, in her attempt to sue, that she lost control of her vehicle and struck an oncoming truck head-on. The driver took her insurer and those who maintain the stretch of highway where she'd crashed to court, even naming the Province of British Columbia initially. Read the CTV news article.
CVSE Bulletins & Notices
No bulletins or notices by CVSE for April.
For more information on these and other items, visit the
CVSE
website.
Passenger Transportation Board Bulletins
The following updates were recently published by the BC
Transportation Board:
Industry Updates & Advisories
- 2022 Taxi Limo Cost Index (TLCI)
The Board has concluded its Taxi and Limousine Cost Index (TLCI) review
for this year and a 5.3% increase will be made available for
taxis to request upon July 31, 2022. More
information on the TLCI can be found in the Q&As. Further information about the
TLCI process is posted on the Board's TLCI Page.
- Vancouver Cruise Ship Schedule for TNS and Taxi
Operators
As the 2022 cruise season commences in Vancouver, TNS and
Taxi Licensees are reminded to review their terms and conditions of
licence and the cruise schedule. The Board will
continue its efforts to ensure that any changes or amendments
are posted in the Weekly Bulletin and on the website.
- TOPs Processing Reminder
With grad and summer fast approaching, licensees planning to
apply for a Temporary Operating Permit (TOP) should do so
well in advance and not wait until the day before or the day
of the requested TOP start date. Processing cannot be
guaranteed in this short a time period. To learn more about
TOPs (including Peak Season and Regular), please see Reference Sheet 17
Applications Received
- 14107-22 – Transfer of Licence:
PDVA (Limo) from The Estate of Randell Arthur Ralph to RRR
Limousine Services Ltd.
- 14489-22 – New PDVA (Taxi):
Rajbir Singh Kahlon (Bluebird Cabs)
- 14168-22 – Amendment of Licence:
PDVA (Other PDV) – Mauricio Varas (Freewest Tours
Services)
Application Decisions
- 13420-21 – Waivin Flags Taxi
[Approved]
- 14654-22 TOP – Cold Comforts
Lodgings Ltd. [Refused]
- 13954-21 – Cold Comforts Lodgings
Ltd. [Approved]
- 14691-22 UPN – Diversified
Transportation Ltd. [Approved]
- 13973-21 – Transfer of Licence
from Matthew Charles Bone and Krysta Rahel Lachowski
(Sicamous Taxi) to Michelle Gail Wolff [Approved]
- 14772-22 UPN – Lightning
Transport Systems Ltd. [Approved]
- 14791-22 – Robert Charles and
Leticia Natalie Darwin [Refused]
- 14804-22 UPN –Savannah Marie
Swaisland (Grape Savvy Wine Tours, Grape Savvy Trolley Co.)
[Approved]
- 14837-22 PS TOP – Elite Limousine
Service (2003) Ltd. [Approved]
- 14169-22 – New PDVA (Taxi):
Foley, Brian Lawrence (Bluebird Cabs) [Approved]
- 14119-22 – New PDVA (Limo): RDY
Enterprises Ltd. [Approved]
- 14469-22 – Transfer of Licence
from Diversified Transportation Ltd. to Pacific Western
Charters Ltd. [Approved]
- 12621-21 – MTR Western, LLC
- 13562-21 – Transfer of Licence
from Campbell River Cabs Ltd. to Waivin Flags Taxi
- 14846-22 PS TOP – Vanride Shuttle
Services Ltd.
- 14875-22 TOP – Elite Limousine
Service (2003) Ltd.
- 13997-21 – Robert Charles and
Leticia Natalie Darwin
Visit the Passenger Transportation Board website for more information. |
Act or
Regulation Affected |
Effective
Date |
Amendment Information |
Basic Vehicle Damage Coverage
Regulation (4/2021) |
RETRO to
May 1/21 |
by Reg 95/2022 |
RETRO to
Nov. 1/21 |
Apr. 11/22 |
Enhanced Accident Benefits Regulation
(59/2021) |
RETRO to
May 1/21
|
by Reg 96/2022 |
Apr. 11/22 |
Income Replacement and Retirement Benefits and Benefits for
Students and Minors Regulation (60/2021) |
RETRO to
May 1/21 |
by Reg 94/2022 |
Insurance (Vehicle) Regulation (447/83) |
RETRO to
May 1/21
|
by Reg 96/2022 |
May 1/22 |
by Reg 447/83 |
Lien on Impounded Motor Vehicles Regulation (72/2022) |
Apr. 1/22 |
by Reg 72/2022 |
Motor Vehicle Act Regulations (26/58) |
May 1/22 |
by Reg 24/2022 |
OCCUPATIONAL HEALTH AND SAFETY |
Occupational Health & Safety
News:
Proposed Policy Amendments Regarding
Industry Group Movement
WorkSafeBC adopted a new rate-setting model on January 1, 2019.
Policy changes are needed to align policy with the current model
and ensure WorkSafeBC's timely ability to place and move industry
groups into appropriate rate groups. Our Policy, Regulation and
Research Department is releasing a discussion paper, with options
on proposed amendments to policy relating to industry group
movement, for public consultation. You're invited to provide
feedback on the options until 4:30 p.m. on Friday, June 3, 2022.
Read the notice on the WorkSafeBC website.
Mines Audit Provides Steps to
Increase Safety Near Water
The Province's mines chief auditor has released the Mining
Audit Report, Worker Protection in Mobile Equipment Near Water
to support the safety of workers. The audit found the ministry
has regulatory requirements in place for workers operating
mobile equipment near water at BC mines. The chief auditor also
determined the ministry is inspecting mobile equipment and has
developed processes, systems and tools to learn from past
incidents. The chief auditor has provided three recommendations
for strengthening and clarifying regulatory requirements,
managing incident files and conducting outreach and education
related to past incidents. Read the government news release.
Worksite Asbestos Exposure Results in $20,000 Fine
A WorkSafeBC investigation found the owner of a drywall
recycling company knowingly exposed between 13 and 15 workers
to asbestos-containing material. Charges were consequently laid
in provincial court against Vivesh Kochher. After pleading
guilty, Kochher was fined $20,000 – plus a victim
surcharge &ndsah; and is banned from owning or operating a
waste transfer facility, or any other business that involves
asbestos, for three years. WorkSafeBC also found Kochher defied
a stop-work order, issued in September 2019 after an inspection
found asbestos at the worksite. Read the BIV article.
Three Cancers Added to List of Covered
Work-related
Cancers for BC Firefighters
"It goes without saying that firefighters face a lot of hazards
in their work," said Labour Minister Harry Bains in a
statement. "When it comes to the workers' compensation system,
they shouldn't have to prove that certain long-term illnesses
are work-related in order to access supports. "B.C.'s
firefighters have been asking for this protection, and I am
proud to support these people who do so much to keep British
Columbians safe." The three cancers being added to the list are
ovarian, cervical and penile cancer. If a firefighter is
diagnosed with one of the now 16 listed cancers after working
as a firefighter for a certain period, they will be able to
access workers' compensation without having to prove the cancer
is directly work-related. Read the Vancouver Sun article.
6 Effective Ways to Identify Workplace Safety Issues
A key part of the role of a safety professional is identifying
and addressing workplace health and safety issues. What are
they? Where do they stem from? Are they routine issues? All of
these questions need to be addressed and taken into account
when looking into hazard controls and creating a safety plan.
Lack of understanding or knowledge of these issues is one of
the fundamental causes of safety issues in the workplace. While
this list is certainly non-exhaustive, here are six effective
ways to get started in identifying workplace health and safety
issues. Read the full article by Maia Foulis published by
Canadian Occupational Safety.
What Jobs Are Too Hazardous for Young Workers?
British Columbians are invited to provide feedback on what
types of work are too hazardous to be done by youth under age
16, and in some cases, under 19. The Province has launched a
consultation site where stakeholders and the public can review
and comment on a proposed framework that outlines the types of
jobs that could be defined as hazardous and unsuitable for
young workers. The consultation can be accessed through
government's engagement site at: https://engage.gov.bc.ca/govtogetherbc.
Read the government news release.
New Public Health Orders
The Public Health Office (PHO) issued no new orders or
guidance during April. Visit the PHO website to view these and other
related orders and notices.
OHS Policies/Guidelines – Updates
Guidelines – OHS Regulation:
April 14, 2022
The following guideline was issued:
- Part 4 General Conditions
Editorial changes were made to the following guidelines:
- Part 6 Chemical Agents and Biological Agents – Lead
Check the WorkSafeBC website to explore these and
other important OHS updates. |
Act or Regulation
Affected |
Effective
Date |
Amendment Information
|
Accessible British Columbia Regulation (105/2022) |
NEW
Apr. 14/22 |
see Reg 105/2022 |
Firefighters' Occupational Disease Regulation (125/2009) |
Apr. 22/22 |
by Reg 107/2022 |
PROPERTY
& REAL ESTATE |
Property and Real Estate News:
CHOA – Condo Smarts: Are Audits
Required by the Act?
Dear Tony: Thank you for last week's column on fraud.
Our strata had a similar situation in 2005 and since imposed
strict financial approvals to prevent any such problem again. Our
strata corporation just completed a $1.8 million repair on
balconies and roofing. The property management company provided
us with a detailed summary of the project, which ended on budget,
but several owners have been requesting an audit of the special
levy account. Is there a specific threshold or value where an
audit is a requirement of the Act or where a strata corporation
should consider an audit? The strata council are very satisfied
with the completed scope of work which was supervised and
approved by the engineer. At this point of the transactions, if
the council chooses to conduct an audit, are we authorized to
proceed? Read the full article by Tony Gioventu, published in
the CHOA bulletin Condo Smarts.
Licensees: What You Need to Know about
Cryptocurrencies and Real Estate
Cryptocurrencies are an evolving financial innovation that BC
Financial Services Authority ("BCFSA") has a close eye on as a
part of our role in monitoring risk in the financial services
sector on an ongoing basis. As BCFSA endeavors to safeguard
confidence and stability in B.C.'s financial services sector,
it is important for licensees to understand cryptocurrencies
and how you might encounter them in a real estate transaction.
Read the full news release on the BCFSA website.
|
Act or Regulation Affected |
Effective Date |
Amendment Information |
Mortgage Brokers Act Regulations (100/73) |
Apr. 1/22 |
by Reg 260/2019 |
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