Company and Finance News:

New Push for Corporate Transparency - Private Corporations Must 
Soon Report Beneficial Ownership to Federal Government
It is expected that private federal business corporations must soon submit beneficial ownership information directly to the federal government. If enacted in its current form, Bill C-19, also known as the Budget Implementation Act, 2022, No. 1 will implement new disclosure requirements for companies governed by the Canada Business Corporations Act ("CBCA"). The bill has passed the House of Commons and is currently under consideration by the Senate. Read the full article by Cara Chu, Stephanie Lee, Guillaume Saliah and Dierk Ullrich with Fasken Martineau DuMoulin LLP.

BC Securities Commission Denies Driving Privileges to   
Enforce Securities Fraud Sanctions
A three-member panel of the BC Securities Commission dismissed an application by Paul Se Hui Oei to overturn the Executive Director's (ED) decision to deny Oei a driver's licence. The panel found that the necessary statutory conditions were present and that it was in the public interest for the ED to have exercised its power to notify the Insurance Corporation of British Columbia (ICBC) not to renew Oei's licence. The full decision can be found here. Read the full article by SamuelBogetti, Brigeeta Richdale, Jeremy Jellis and Rebecca Sim with Cozen O'Connor LLP.

Supreme Court Releases Collins Family Trust Decision: Equitable  
Remedies Largely Unavailable to Correct Tax Mistakes
In 2016, the Supreme Court rendered its decision in Fairmont, in which it restricted the availability of the equitable remedy of rectification in tax contexts to circumstances where the parties' actual agreement was not properly recorded in the written instrument governing their legal relations. In other words, the mere fact that a given agreement did not achieve its desired tax consequences would not be sufficient to be granted rectification. Collins Family Trust addresses the availability of the distinct equitable remedy of rescission in the context of mistakes that result in unanticipated and undesirable tax consequences. Unlike rectification, which allows parties to rectify mistakes in their written instruments that improperly recorded their actual agreement, rescission allows for the annulment of a transaction, where there was a sufficiently important mistake and it would be unconscionable not to allow the mistaken transaction to be annulled. Read the full article by Adam Hirsh, Marc Roy, and Evan Belfer with Osler, Hoskin & Harcourt LLP.

The New Qualifying Disbursements Rules for Charities 
In April 2022, we reported on important changes for charities arising from the 2022 Federal Budget. More recently, on June 23, 2022, the Budget Implementation Act 2022, No. 1 (BIA 2022) received royal assent. Of particular importance to Canadian registered charities is the BIA 2022's new qualifying disbursement rules. These new rules provide an alternative option for charities to work with non-charities.

The Old Regime
Prior to the amendment of the Income Tax Act (Canada) (ITA) by the BIA 2022, a Canadian registered charity (Charity) was only able to carry on its "own charitable activities" or make gifts to qualified donees (that is, Canadian registered charities and certain other organizations that can issue Canadian tax donation receipts) (QDs). As such, a Charity could not simply give resources to foreign charities or non-profit organizations based in or outside of Canada that were not QDs.

Read the full article by Linda J. Godel and Nathaniel Balakumaran with Torkin Maines LLP.

Employer Health Tax Calculator Updated
The BC employer health tax calculator has been updated to include different scenarios for associated employers. The employer health tax is an annual tax on an employer's B.C. remuneration paid to employees and former employees in a calendar year beginning on January 1, 2019. Employers with BC remuneration greater than $500,000 (exemption amount) in a calendar year must register for the employer health tax. Employers include an individual, a corporation, a partnership, a trust or a government.

GST/HST Input Tax Credit Claims: Does the
Supporting Documentation Need to Be
Issued by the Supplier?
On June 9, 2022, the Tax Court of Canada ("TCC") allowed CFI Funding Trust's ("CFI") appeal in relation with the input tax credits ("ITC") it claimed for prepaid rent paid in connection with the securitization of automobile dealer leases. The dispute had arisen when the Canada Revenue Agency ("CRA") disallowed CFI's ITC claims because it took the view that CFI had failed to meet the minimum documentation requirements under subsection 169(4) of the Excise Tax Act (the "ETA"). In allowing CFI's appeal, Justice Robert J. Hogan found that supporting documentation does not need to be issued or signed by the supplier and that the information could also be obtained through oral or electronic communication. Read the full article by Jean-Guillaume Shooner of Stikeman Elliott.

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

• 31-103 – Amendments to NI 33-109 Registration Information, NI 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations and their companion policies – The CSA adopted amendments to registration information requirements to establish a more efficient registration and oversight process for firms, individuals and regulators. The changes also provide firms and individuals with greater clarity on the information required as part of the registration process, while improving the quality of information received by regulators. The amendments are effective June 6, 2022.
• 96-101 – Proposed Amendments to Multilateral Instrument 96-101 Trade Repositories and Derivatives Data Reporting and related documents
• 21-331 – This notice informs the public that the TMX Information Processor will continue to act as an information processor for exchange-traded securities under National Instrument 21-101 Marketplace Operation until June 30, 2026.
• 11-345 – CSA Consultation Paper 43-401 Consultation on National Instrument 43-101 Standards of Disclosure for Mineral Projects

Forest and Environment News:

The proposed amendments are organized around four key themes: First Nations, Aquatic Habitat, Biodiversity and Wildlife. Specifically, amendments will include an increase in oversight by First Nations of forest planning and harvest activity including stronger protection and stewardship of Indigenous cultural heritage and use of forest resources. Requirements were strengthened for protection of important fisheries watersheds, maintenance of watershed health, and stewardship of fish-bearing rivers and streams and other important aquatic habitats and riparian forests. Improvements in the way Landscape Reserve Designs are being created to enable First Nations to take a stronger role in their development and expedite the protection of important forest values including rare and at-risk old growth. As well, increased requirements for the protection and stewardship of habitat for regionally important wildlife, particularly in relation to grizzly bears, Kermode (Spirit) bears and black bears. Read the full notice in the Gazette Part I, Volume CLXII, No. 23.

Environmental Compliance Audits:
Five Tips to Protect Your Company
With growing attention on Environmental, Social and Governance initiatives and escalating penalties for non-compliance with environmental laws, it is all the more important for companies to ensure compliance with environmental regulatory requirements. One way your company can satisfy stakeholders while appropriately managing risks of potential enforcement is to conduct a regular Environmental Compliance Audit ("ECA".) In this article we discuss the key features of ECAs and their rising importance in managing your company's environmental compliance and risk. Read the full article by Mark Youden, Harry Dahme, Wally Braul, Maya Stano and Quinn Rochon with Gowling WLG.

Government Enforcement of Old Tree
Harvesting on a Quadra Island Woodlot
In the spring of 2020, a Quadra Island resident (the complainant) noticed that old trees had been harvested in woodlot licence W2031. The complainant believed that the woodlot licensee was not permitted to harvest old trees, therefore filed a complaint with the Compliance and Enforcement Branch (CEB) of the Ministry of Forests in the spring of 2021.

CEB looked into the matter and found that the licensee had harvested the old trees legally. Visit the Forest Practices Board website to read this article and obtain access to the full report.

Interior Appraisal Manual Amendments
Quickscribe is in the process of consolidating the latest changes to July 1st 2022 version of the Timber Pricing Branch publication – Interior Appraisal Manual. We anticipate having these changes published and available for you to view by this Friday, July 8th, so feel free to check back then to view the latest version.

Environmental Appeal Board Decisions
The following Environmental Appeal Board decisions were made recently:

Environmental Management Act

• Norman Tapp v. Director, Environmental Management Act [Final Decision – Appeal Dismissed]
• West Coast Reduction Ltd. v. District Director, Metro Vancouver Regional District [Consent Order – Permit Amended]
• Peace River Coal Inc. v. Director, Environmental Management Act [Preliminary Decision on Method of Hearing – To Proceed By Way of Written Submissions]
• Gibraltar Mines Ltd. v. Director, Environmental Management Act [Preliminary Decision: Request for Order – Granted]
• Beacon Pacific Properties Ltd. v. Director, Environmental Management Act [Application For Dismiss – Granted; Appeal Dismissed]

Integrated Pest Management Act

• Dr. Evan Frangou, Diana Smardon, Jane Elizabeth Rollins, Joanna Wilkinson, Karen Forbes, Louise Sawyer, Kelly Lahti, and Katy Young v. Administrator, Integrated Pest Management Act [Preliminary Decision – Appeals Summarily Dismissed]

Mines Act

• Sunrise Resources Ltd. v. Chief Inspector of Mines [Preliminary Decision on Limitation Period – Invalid In Part]

Water Sustainability Act

• Judith Goplen v. Assistant Water Manager [Final Decision – Appeal Dismissed]

Wildlife Act

• Timothy James v. Deputy Regional Manager, Regional Fisheries and Wildlife Programs [Consent Order – Resolved]

Visit the Environmental Appeal Board website for more information.

Forest Appeals Commission Decisions
No Forest Appeals Commission decisions were made recently.

Health News:

Recreational Psychedelics Remain
Far behind on Legalization Path
It has been nearly four years since recreational cannabis was legalized in Canada, and many people may have thought grey-market dispensaries were a quirky part of Vancouver's past, but history may be repeating itself as dark-market dispensaries have begun sprouting up again, this time selling psychedelic drugs such as mushrooms and peyote. Read the full BIV article. 

Dix Says BC Could Be Distributing Vaccines  
Widely in Fall Due to Third Omicron Wave
BC Health Minister Adrian Dix is considering making COVID-19 shots widely available in the fall, as experts predict a third Omicron wave is on the way. The provincial health-care system is getting ready for a fall wave and looking at a federal advisory body's recommendations that booster doses be made widely available, Dix said speaking at a news conference Monday [July 4]. Meanwhile, the BC COVID-19 Modelling Group, made up of interdisciplinary experts who work independently from the government, warns that a wave of COVID-19 driven by the more infectious and immune-evasive BA.5 sub-variant of Omicron is emerging. Read the CBC article.

Settlement Reached with Purdue Pharma (Canada)
for Opioid Damages
Opioid manufacturer Purdue Pharma (Canada) (Purdue Canada) has agreed to a first of its kind settlement in Canada resulting from BC-led efforts to recover health-care costs related to the sale and marketing of opioid-based pain medicines. The settlement was reached in the context of a proposed class-action lawsuit brought by British Columbia on behalf of all Canadian governments. Read the official government news release.

BC Keeping Vaccine Mandates for Public  
Servants, Health-care Workers
BC is sticking with its COVID-19 vaccine mandate for public servants and health-care workers, even though the federal government has suspended its two-shot requirement for federally regulated workers and travellers. BC Health Minister Adrian Dix said he continues to support both last year's provincial health order requiring all health-care workers in hospitals, long-term care homes and community health centres to be vaccinated, as well as the order in council that made vaccinations a condition of employment for public service employees. Read the BIV article.

Labour and Employment News:

Employee's Use of Company Email Leads
to Lawsuit Against Former Employer
Employers should ensure that they have policies in place governing use of work emails for non-work-related purposes. The issue of employee use of a work email for a personal matter was recently addressed by the BC Supreme Court in the decision of Kassam v. Dream Wines Corporation.

In this case, an individual, Brian Gunsten, who was an employee of Dream Wines Corporation, sold 138 bottles of wine to Moez Kassam. The $85,000 payment was sent directly from Mr. Kassam to Mr. Gunsten's personal bank account. Read the full article by Andrea Raso with Clark Wilson LLP.

Why You Need to Use the Correct
Pronouns for Your Employees
In the recent Nelson v. Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137 case, the BC Human Rights Tribunal ("Tribunal") considered a complaint by an employee who asked to be addressed by "they/them" pronouns.

The employee, Jessie Nelson, was a non-binary person who used they/them pronouns. Jessie worked at a restaurant on the Sunshine Coast in BC for 4 weeks. Jessie Nelson was the first non-binary person to work at the restaurant. Read the full article by Scott Marcinkow with Harper Grey LLP.

Judges Reduces Notice Period for Failing to Look for a Job
in Same Field That Plaintiff Spent 25 Years in and Then
Discounts Go Forward Damages by a Further 15%
In Okano v. Cathay Pacific Airways (2022 BCSC 881) Justice Weatherill had a situation where the following events occurred regarding mitigation.

1. Plaintiff is given working notice of two months so that she can shut down the department she managed. She does not look for a job in this period.
2. For two months after final day of work she also does not look for a job as she says she is depressed.
3. Then she takes career coaching for 3 months because she refuses to look for a job in the airline industry, the only area she has ever worked in.
4. She then applies for 50 non airline jobs, with no success.

The Judge made the following rulings. Read the full article by Barry Fisher, with Barry Fisher Arbitration & Mediation.

Are B.C. Employees Legally Protected
from Negative References?
Many employers and workers alike have been told at one time or another that negative references could be considered defamatory and result in legal action. Generally speaking, Canadian employers are protected from such action to the extent that any such negative reference is made in good faith. This is different than the reality in the United States, where suing for negative references is appropriate for a defamation case. That said, there are some circumstances where negative references could give rise to a dispute. Read the full article from Overholt Law LLP.

B.C. Ruling Provides Certainty on Limitation Periods
in Employment Standards Cases, Lawyer Says
British Columbia's top court has clarified the test for limitation periods in a provincial employment standards determination, with a lawyer saying the decision makes dealing with such determinations consistent with the approach taken to findings by other provincial tribunals.

Kuen Yu Kwok, also known as Joseph Kwok, brought forward the case to determine which of three limitation periods for enforcement would govern a determination made by B.C.'s director of employment standards: a 10-year period under the Limitation Act for an order of the provincial Supreme Court, a six-year limitation under the Financial Administration Act (FAA) for government claims, or two-year time frame under the Limitation Act if the determination is a "claim" that is neither a "judgment, order or award of the Supreme Court of British Columbia" nor a "government claim." Read the full article by Ian Burns in The Lawyer's Daily.

Local Government News:

WHADDAYAMEAN? - A Ramble Through the
BC Interpretation Act [Bill Buholzer]
Artisans of all sorts have a go-to tool that they find themselves using more often than any other. For chefs, it's likely the so-called chef's knife; for carpenters, perhaps a try square or marking gauge; for barbers, a particular pair of scissors. For many public law lawyers, it's the Interpretation Act. A quick stroll through the BC Interpretation Act viewed through a local government lens will give an idea of how important this tool is to lawyers in our firm. (There's also an Interpretation Act applicable to federal enactments, that we consult less frequently.)

We start with section 2, which says that the Interpretation Act applies to every enactment, unless a contrary intention appears in the enactment; this takes us to the Interpretation Act's definitions of enactment, meaning an Act of the Legislature or a regulation, and regulation, meaning (among other things) a bylaw or other instrument enacted in execution of a power conferred under an Act. Read the full article by Bill Buholzer with Young Anderson Barristers & Solicitors, published in the firms LGMA Conference Newsletter.

New Local Government Code of Conduct 
Requirements - Now in Force
Last fall, we informed you about the newly introduced Bill 26 – Municipal Affairs Statutes Amendment Act (No. 2), 2021, which proposed a number of significant amendments to local government legislation including:

• a new requirement for local governments to consider developing or updating codes of conduct,
• the enabling of local governments to determine specific notice methods for public notice requirements, and
• streamlining the development approvals process.

Victoria Bylaw Makes Builders Pay for
Not Salvaging Demolition Material  
Facing the spectre of a rapidly filling Hartland Landfill, Victoria, BC, councillors have unanimously passed a bylaw designed to divert more construction material from the dump by rewarding those who salvage wood rather than scrapping it. According to a staff report, as much as 37 per cent of Victoria's landfilled material is generated by the construction sector. Under the new bylaw, which will be phased in, applicants will pay a fee of $19,500 for a demolition permit. If they salvage at least 40 kilograms of wood per above-ground square metre of floor area during deconstruction, they will get all the money back. Read the BIV article.

BC Releases Climate Preparedness and Adaptation Strategy
The Province has released B.C.'s Climate Preparedness and Adaptation Strategy. The strategy looks to strengthen the collective capacity to anticipate, prepare for, and respond to the impacts of climate change. This includes sudden events like wildfires, floods and heatwaves as well as changes that happen more slowly like rising sea levels, receding glaciers and shifting ecosystems. The strategy outlines a range of government actions designed to help people and communities prepare including: Read the full UBCM article.

Reasons for Reconsideration Refusals: BC Supreme Court
Reviews the Sufficiency of Reasons in the Context of a
Reconsideration of a Business Licence Refusal
The BC Supreme Court recently added to the volume of caselaw regarding the procedural fairness requirements that are applied in reviewing decisions of municipal governments. In BC/Yukon Association of Drug War Survivors v. Surrey (City) 2022 BCSC 855, Justice Skolrood reinforced the common law understanding that decisions of municipal councils are not subject to the same requirement to provide reasons as many other decision-making bodies. The Court also confirmed that the quality of the materials (including staff reports) which a municipal council considers in coming to their decision, as well as careful recording of minutes, can serve to protect decisions of council from judicial review. Public policy arguments remain of little value in the context of reviews of procedural fairness. Read the full article by Paige Gibson of Stewart McDannold Stuart.

Courts Confirm Local Government Powers to Protect Tenants
In two recent decisions, released only one month apart, the BC Court of Appeal and BC Supreme Court gave local governments two big wins in relation to their ability to protect tenants. In VIT Estates v. New Westminster, 2021 BCSC 573 the BC Supreme Court confirmed that the residential rental tenure zoning power at section 481.1 of the Local Government Act ("RRT Zoning") could be used to preserve existing rental units. Read the full article by Nick Falzon with Young Anderson Barristers & Solicitors, published in the firms LGMA Conference Newsletter.

Motor Vehicle and Traffic News:

Transport Canada Creates New Mandatory
Registry for Dangerous Goods Sites
The Government of Canada is creating a new Transportation of Dangerous Goods Registration Database and will require persons who import, offer for transport, handle or transport dangerous goods in Canada to register themselves and the sites where they carry out such activities. Registered persons will have to provide administrative information about themselves and information about the dangerous goods and operations at the sites where dangerous goods are imported, offered for transport, handled or transported (called a TDG site). It is estimated there are anywhere from 42,000 to 82,000 TDG sites operating across Canada. Read the full article by Alan Harvie with Norton Rose Fulbright.

Two More Illegal Ride-Hailing Drivers Caught Near YVR
Two drivers of illegal ride-hailing services were caught by law enforcement officers Thursday afternoon close to the airport and given fines, with one car being towed.

But the app developers – who could receive fines of $100,000 per day – have been trickier to find. These apps appear to be based off-shore, explained Perry Dennis, deputy registrar with the Passenger Transportation Branch (PTB) but the PTB hasn't had success in locating them. Read the BIV article.

Party in BC Personal Injury Case Can Call Witness
for Limited Opinion and Fact-Based Evidence
The British Columbia Court of Appeal has rejected an argument that a party calling a witness who is able to provide both expert opinion evidence and fact evidence should decide which type of evidence that witness should offer, finding that each type of evidence is governed by particular rules.

In Ford v. Lin, 2022 BCCA 179, the respondent's vehicle rear-ended and pushed Connie Merai's vehicle into the appellant's vehicle. The appellant, who sustained soft tissue injuries, sued the respondent, who admitted liability. Read the full article by Bernise Carolino in the Canadian Lawyer.

Port of Vancouver Truckers Threaten
Strike to Oppose Truck-Age Program
A group of truckers operating Port of Vancouver's drayage fleet is threatening job action in a bid to stop a program mandating the retiring of older trucks due to higher pollution levels. Read the BIV article.

Transport Canada Renews Temporary Certificate
for Transportation of COVID-19 Test Samples
Throughout the COVID-19 pandemic, Canada's federal government has periodically waived certain rules normally applicable to the transportation of COVID-19 test samples, which qualify as dangerous goods and are therefore subject to the requirements of the federal Transportation of Dangerous Goods Act, 1992 (the "TDG Act"). That waiver has just been reintroduced as of May 30, 2022, and is set to remain in force for one year.

Section 31(2.1) of the TDG Act authorizes Transport Canada to issue what is known as a "temporary certificate," thereby allowing any activity to be carried on in a manner that would normally violate the provisions of the TDG Act, if it is deemed to be in the "public interest" to do so. Read the full article by James Manson with Miller Thomson LLP.

CVSE Bulletins & Notices
There were no notices or bulletins posted by CVSE this month.

For more information, visit the CVSE website.

Passenger Transportation Board Bulletins
The following updates were recently published by the BC Passenger Transportation Board:

Industry Updates & Advisories

• Final Deadline to Activate Additional Taxis
  The Board is issuing a final activation deadline of December 31, 2022. Licensees will have until this date to activate additional vehicles, or they will no longer be valid.
• 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.
• 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.

Applications Received

• 15230-22 – Tofino Bus Services Inc.
• 14294-22 – TCB Holdings Ltd. (Insert TCB Limo)

Application Decisions

• 14576-22 – Westwind Cabs Ltd. [Approved]
• 14111-22 – Landsea Tours Ltd. [Approved]
• 14374-22 – Donald Gordon Miller, Wendy Lynne Margaret Miller (Miller's Grapeful Wine Tours) [Refused]
• 14549-22 – Infinity Limousine Inc. [Approved]
• 15413-22 PS TOP – Red Carpet Transportation Inc. [Approved]
• 15397-22 TOP – Xclusive Limousine Service Ltd. [Approved]
• 15387-22 TOP – Gunter Lothar Schlieper (Classic Livery & Coach) [Approved]
• 14489-22 – Rajbir Singh Kahlon (Bluebird Cabs) [Approved]

Occupational Health & Safety News:

11 Ways Natural Lighting Increases  
Safety in the Workplace
While working in natural lighting is not a privilege afforded to every worker, it potentially should be because there are multiple advantages. Certainly this is something that OHS professionals may want to consider as there are many ways in which natural lighting can increase health and safety in the workplace. A recent Harvard Business Review story shared research by its HR advisory firm, Future Workplace, called ‘The Employee Experience'. The research revealed that employees want natural light. Polling 1,614 workers, the study found that North American employees enjoy access to natural light and views of the outdoors more so than other perks. Read the full article by Maia Foulis with Canadian Occupational Safety.

RCMP, WorkSafeBC Investigating  
Workplace Accident in BC
The Royal Canadian Mounted Police (RCMP) is investigating a "workplace accident" involving an excavator which happened at a work site in Burnaby, B.C., last Friday morning [June 17], according to a report. The incident took place at around 8 a.m. on 4th Avenue near Burnaby Road. "Police are engaged with WorkSafe BC to determine the circumstances of the accident involving a man and [an] excavator," the RCMP said in an emailed statement to CTV News. Read the full article by Jim Wilson with Canadian Occupational Safety.

Permanent Psychological Disability
Benefits Policy Review
On May 25, 2022, WorkSafeBC's Board of Directors approved policy changes to remove procedures specific to the assessment of permanent psychological disability benefits. The amended policies apply to all decisions made on or after July 1, 2022. You may also review the complete Resolution.

Proposed Amendments to Schedule 2,
Non-Traumatic Hearing Loss
Our Policy, Regulation and Research Department is releasing a discussion paper on proposed amendments to Schedule 2, Non-Traumatic Hearing Loss, to stakeholders for comment. Schedule 2 of the Workers Compensation Act is used to determine compensation for workers who have developed hearing loss gradually over time as a result of exposure to occupational noise. The schedule, which was last updated over 40 years ago, is now considered outdated as it no longer reflects the current scientific and medical literature, and requires revision. As part of this review, amendments to policies that relate to updating outdated scientific information are also proposed. You're invited to provide feedback on the draft policy amendments until 4:30 p.m. on Friday, August 19, 2022. Read more on WorkSafe BC.

New Public Health Orders
The Public Health Office (PHO) recently issued the following orders and guidance:

Order:

• Health Professionals COVID-19 Vaccination Status Information and Preventative Measures – June 10, 2022 (PDF, 477KB)

• Guidance for Courthouse Users During the COVID-19 Pandemic – June 30, 2022 (PDF, 384KB)
• Courthouse Public Health Incident and Communication Response Protocol – June 30, 2022 (PDF, 357KB)

OHS Policies/Guidelines – Updates

June 22, 2022

• Part 5 Chemical Agents and Biological Agents
  • Table of Exposure Limits for Chemical and Biological Substances
    The table has been updated to reflect changes to OHS Policy R5.48-1 (amended June 22, 2022). Deletions are shown as strikethrough; additions and revisions are highlighted in green.

June 28, 2022

The following guideline was revised:

• Part 21 Blasting Operations
  • G21.8.1 Continuing professional development – Blasters

Policies – OHS Regulation:

June 22, 2022

OHS Policy R5.48-1 has been amended to reflect the current exposure limits for substances listed on the new or revised Threshold Limit Values for 2022 from the American Conference of Governmental Industrial Hygienists (effective June 22, 2022).

• R5.48-1 Controlling Exposure – Exposure Limits

Property and Real Estate News:

BC Strata Ordered to Stop 
Enforcing Hot Tub Ban
A Vancouver strata has been told to stop enforcing its anti-hot tub bylaw, meaning an owner can keep his patio hot tub – for now. Doug Fleming had installed a hot tub on his ground-level patio in a side-by-side triplex. While tribunal member Micah Carmody said it's not clear when Fleming installed the hot tub on limited common property, the June 27 decision said it came to the strata manager's attention May 7, 2020, when he was asked to stop using it and seek council approval for it. Read the BIV article.

Can a Mortgage Secure Funds that Have Been 
Previously Advanced to a Borrower?
In a typical mortgage scenario, a lender advances funds to a borrower at the time the mortgage agreement is signed (e.g., to allow the borrower to purchase a home). In exchange for the borrowed money, the lender is given an interest in the borrower's property. But what happens when a lender has advanced increasing amounts of money to a borrower over an extended period of time? Can the lender secure their prior advances through a mortgage agreement with the borrower sometime in the future? The BC Supreme Court recently addressed these questions in the case of Derencinovic v. 7 West Homes Ltd., 2021 BCSC 1481. Read the full article published by McQuarrie Hunter LLP.

What BC's Money Laundering Inquiry Said about   
Real Estate Prices and Regulations
Despite being unable to determine the exact impact money laundering has on home prices, the real estate sector is of top concern to the Commission of Inquiry into Money Laundering in BC. Of the 101 recommendations Commissioner Austin Cullen made in his June 15 final report, 40 are directly related to real estate, and several others are ancillary, such as proposals to strengthen anti-money laundering (AML) policies within financial institutions and the asset forfeiture legal regime, as well as greater controls on notaries and lawyers, who process transactions. Read the BIV article.