Reminder: June 30 Changes to Bylaws for 
Transit-Oriented Areas and SSMUH Requirements
As of June 30, provisions of Bill 47, the Housing Statutes (Transit-Oriented Areas) Amendment Act, 2023, will come into force, requiring local governments to pass a bylaw to designate transit-oriented areas. These bylaws must include a map or plan or other graphic material and consider the guidelines under section 585.5 of the Local Government Act, such as the Provincial Policy Manual: Transit-Oriented Areas. June 30 is also the deadline for local governments to update their zoning bylaws to accommodate small-scale, multi-unit housing requirements as set out in section 481.3 of the LGA, unless an exemption or extension applies, and the deadline to remove minimum residential-parking requirements under section 525.

TOA Policy Manual Updated – May 29th
On May 29, the Provincial Policy Manual: Transit-Oriented Areas was updated to provide further clarification on how to identify a transit-oriented area (TOA). TOAs enclose land within either a 400m or 800m radius around a transit station, as measured from the distances and coordinates established in the regulations. Local governments must use these distances and coordinates when preparing their TOA bylaws.
The updates also include clarification with respect to off-street parking for residential use, requiring local governments to adopt a bylaw that reflects the new parking restrictions set out in the Local Government Act or Vancouver Charter, by June 30, 2024, a copy of which can be sent by email to the Ministry of Transportation and Infrastructure.

Questions of Duty, Discretion and Liability: When Every Bylaw
Cannot be Effectively Enforced Everywhere All at Once
A local government bylaw enforcement officer will be aware of many bylaw contraventions within their community. The responses from the community and the local government to these contraventions may differ widely. Some contraventions will be the source of many complaints, whereas others will only be noticed by local government staff. Some contraventions will be committed by difficult, defiant individuals, whereas other contraveners will attract sympathy. And some contraventions will raise significant safety concerns, whereas other contraventions appear to be harmless breaking of the rules. These differences, combined with budgetary and other resource limitations, require the exercise of discretion in enforcement, with some contraventions being prioritized over others. The courts have repeatedly recognized the need for such discretion in effective local government regulation, but the courts have also identified some important limits. Read the full article by Michael Moll with Civic Legal LLP.

The Continuing Saga of Non-conforming Use Law in British Columbia: 
Court of Appeal interprets section 529 of the Local Government Act;
Supreme Court of Canada refuses leave to appeal in a different case
Sakinaw Lake might be another casualty in the war waged against hidden gems by social media oversharing. But in case you didn’t already know, it’s an idyllic body of fresh water where the sounds of nature are interrupted only by the buzz of motorized watercraft, and the replacement of quaint lakefront cottages, built before zoning was introduced, hampered only by a “Kafkaesque” maze of regulatory hurdles and bureaucratic delay. At least, that is what the Supreme Court of British Columbia found following seven days of argument on a question about the Sunshine Coast Regional District’s right to enforce against zoning bylaw breaches after it issued a permit to demolish and replace a 4800 square foot “cottage” perched just 30 feet from Sakinaw Lake’s natural boundary. The cottage could have remained exactly as it was despite its proximity to the lake because it was built there before any bylaws contemplated otherwise. In other words, it was protected from those bylaws by section 529 of the Local Government Act. Read the full bulletin by Guy Patterson with Young Anderson Barristers & Solicitors.

Approval Exemption (Controlled Access Highway)
Effective May 10, the Approval Exemption (Controlled Access Highway) Regulation, B.C. Reg. 99/2024, came into force. The new Regulation provides that a municipality or regional district is exempt from the requirement for approval of the minister respecting a zoning bylaw for development near a controlled access highway if:

• the bylaw is made only for the purpose of complying with section 481.3 [zoning bylaws and small-scale multi-family housing] of the Local Government Act,
• the bylaw permits the use and minimum density of use set out in section 481.3 of the Local Government Act or a regulation made under that section, and
• the bylaw does not permit a density of use that is greater than the minimum density of use set out in section 481.3 of the Local Government Act or a regulation made under that section.

Concerns Raised over Urban Containment 
Boundary as Saanich Adopts new OCP
Coun. Judy Brownoff, who voted against the new OCP, said new wording in the document seems to make it easier to expand the urban containment boundary. The District of Saanich’s new Official Community Plan was adopted Tuesday [May 7], despite opposition from two councillors concerned about the future of the urban containment boundary, which protects rural land from most forms of development. During lengthy deliberations before the plan was adopted by a 7-2 vote, Coun. Judy Brownoff said new wording in the document seems to make it easier to expand the urban containment boundary. Under the previous policy, she said, bylaws or resolutions allowing a major expansion to the urban containment boundary could not be adopted without assent via referendum or plebiscite. The new wording, however, says major changes to the urban containment boundary can be considered if it’s the outcome of a review of the regional growth strategy. Read the full Times Colonist article (paywall).

How New Amendments to the Local Government Act Can
Affect Developers and Contractors: An Overview of the
Housing Statutes Amendment Act, 2024, SBC 2024, c 11
In addition to the slew of changes made to the Local Government Act and Community Charter last year and earlier this year, the Province of British Columbia’s recently-enacted Housing Statutes Amendment Act, 2024 (the “Housing Act”) came into force on April 25, 2024, further changing the Local Government Act and Community Charter by expanding local government powers and providing local governments with increased ability to implement density bonus conditions and to regulate affordable and special needs housing, works and services, and sustainable transportation measures. Accordingly, developers and contractors should be aware of potential changes coming to their municipality or regional district that may affect future building projects. Read the full article by Kai Hsieh with Civic Legal LLP.

Guidance Provided for Indigenous
Engagement Required by EDMA
The Province has developed new guidance for emergency management partners, including local governments, related to engagement responsibilities included in the Emergency and Disaster Management Act (EDMA). The guidance will be updated annually, and as new tools and regulations associated with the EDMA come into effect. Read the UBCM article.

Province Sets Targets that Could Significantly
Expand Application of Housing Supply Act
In their most recent Service Plan, the Ministry of Housing has indicated that cumulative targets for “specified municipalities assigned housing targets” will increase to 68-80 municipalities by 2026/27. When the Housing Supply Act was originally enacted, the Province indicated that it would be applied to set housing targets in municipalities with the greatest need and highest projected growth. The increase of communities required to meet targets represents a significant expansion in the scope of the initiative. Read the UBCM article.

Federal Government Approves Decriminalization Changes
The federal government has approved the Province of BC’s request to further control consumption of illicit drugs in public spaces. The change took place immediately as of May 7, 2024. Possession of small amounts of illicit drugs is still permitted. The Province issued its request on April 26, asking Health Canada to make it illegal to use illicit drugs in all public spaces, including inside hospitals, on transit, and in parks. With this change, police now have the ability to ask users to leave an area, seize drugs when necessary, or arrest a person if required. Read the UBCM article.

Opening the Books: Public Access to ISC
Information under the CBCA
Recent amendments to the Canada Business Corporations Act ("CBCA") have significantly changed Canada's beneficial ownership transparency requirements. Corporations Canada now requires the filing of information on individuals with significant control over a corporation ("ISCs"). Certain information filed with Corporations Canada will now be made available to the public by way of a free, publicly accessible registry. These changes to the CBCA's beneficial ownership requirements bring the federal regime in line with those of other jurisdictions that have moved towards the public disclosure of beneficial owners. Read the full article by Matthew Brooker, Marcus Hinkley, Zafar B. Jaffer and Derek Varrin with Gowling WLG.

Tolko Industries Ltd. v. British Columbia – Clarifying “non-qualifying activity”  
under the Provincial Sales Tax Exemption and Refund Regulation
The British Columbia Supreme Court recently clarified the definition of “non-qualifying activity” under subsection 90(1) of the Provincial Sales Tax Exemption and Refund Regulation, BC Reg 97/2013 (the “PSTERR”) in Tolko Industries Ltd. v. British Columbia 2024 BCSC 599. The issue was whether pipes used to move steam (“Steam Pipes”) at Tolko’s place of business qualified for an exemption from Provincial Sales Tax (the “PST”) under section 101 of the PSTERR. The Steam Pipes were used at a fully integrated manufacturing site (the “Site”) that Tolko operated. At the Site, Tolko produced electricity and wood products for sale, as well as steam, compressed air, and electricity for its own use. The steam was produced at a Co-Generation Plant on the Site and was used in part to produce electricity and in part in the manufacture of the wood products. The Steam Pipes in issue were used at the Site to transfer the steam from the Co-Generation Plant over to the wood products production plants. Read the full article published by Adrian Zee with Thorsteinssons LLP.

FCA Confirms Minister’s Permissible Alternative
Arguments under s. 152(9)
In TPine, the Federal Court of Appeal (the “FCA”) considered the Minister of National Revenue’s (the “Minister”) power to raise new arguments at “any time” after the expiration of the normal reassessment period. This is the first appellate-level decision to consider subsection 152(9) of the Income Tax Act (Canada) (the “Act”) since it was amended in 2016. The FCA provided a helpful review of its prior jurisprudence and concluded that the 2016 amendment did not impose new restrictions on the Minister’s ability to raise new or alternative arguments. For this reason, jurisprudence from before the 2016 amendment remains available to support the Minister’s ability to raise new or alternative arguments. However, it is unclear how courts might allow the Minister to raise alternative arguments that “the income to which an [assessed] amount relates was from a different source”. Read the full article by Jesse Waslowski and Caine Chapman with McCarthy Tétrault.

DAC Investment – Tax Court Rules that “non-CCPC planning” 
Is Not Abusive under GAAR
Yesterday [May 9], the Tax Court of Canada released its decision in DAC Investment Holdings Inc. v R. Led by Matthew Williams, Florence Sauve, and Brittany Rossler, the decision represents a major win for taxpayers across the country. In DAC, the appellant took steps to change its status from a Canadian-controlled private corporation (“CCPC”) to a private corporation that was not a CCPC. In doing so, the appellant moved “from one taxing regime with its pluses and minuses to another taxing regime with different pluses and minuses.” (para. 223) Read the full article prepared by Katherine Neil with Thorsteinssons LLP.

CSA Update Guidance on ESG-Related
Investment Fund Disclosure
The Canadian Securities Administrators (“CSA”) have released a revised version of their previous guidance on investment fund disclosure relating to environmental, social and governance (“ESG”) matters (the “Notice”). The Notice was updated to reflect the CSA’s findings in reviews of fund disclosure documents and sales communications conducted in 2022 and 2023 (the “ESG-Focused Reviews”). While the Notice responds to developments in ESG investing and provides more guidance for certain funds, it does not create new or modify existing legal requirements. Read the full article published by Stikeman Elliott.

Standing Committee Proposes More (Tough) Changes to the 
Competition Act: Insights on Drip Pricing, Sale Discounts,
Greenwashing, and Private Access Rights
Bill C-59 was presented to the House of Commons on May 6 with significant amendments from the Standing Committee on Finance. These changes further strengthen the deceptive marketing provisions of the Competition Act with particular reference to misleading price representations and environmental claims. For businesses, the proposed amendments to the deceptive marketing provisions will increase compliance burdens and litigation risk, consistent with the general theme of the series of Competition Act amendments put forward in 2022, 2023 and now in 2024. While the stated purpose of the amendments exercise over the past several years has been to foster greater productivity and lower inflation, and to benefit the Canadian economy, the actual likely practical effect of the changes on businesses is to increase their compliance costs, increase their potential liability, and provide more parties with standing to sue them. Read the full article by Irma Shaboian with Stikeman Elliott.

Updates to BC Sales Taxes
The following updates to sales taxes were recently posted:

Provincial sales tax (PST)

• May 24, 2024
  Bulletin PST 305, Containers and Packaging Materials (PDF, 340KB), has been revised to:
  • Clarify that for the purposes of this bulletin, exempt from PST may also mean a non-taxable good or service that is not subject to PST
  • Clarify when you pay PST on containers and packaging materials that you use when providing a service
  • Remove the reference to returnable alcoholic beverage containers from the list of reusable containers that is used to package or deliver goods and can be returned and reused
  • Clarify when you must collect PST on containers and packaging materials even if the goods or services themselves are exempt from PST
  • Clarify when you do not collect PST on containers and packaging materials including when the bundled sales exemption applies and when they are considered incidental to your service
• May 27, 2024
  The following real property contractor bulletins have been revised for various updates.
  Bulletin PST 500, PST Overview for Real Property Contactors (PDF, 300KB)
  • Clarified that a contractor includes one who supplies goods and arranges for a third party to install those goods on their behalf if the goods become part of real property
  • Clarified that a contractor does not charge their customer PST on installation services if the goods become part of real property
  Bulletin PST 501, Real Property Contractors (PDF, 340KB)
  • Clarified that a contractor includes one who supplies goods and arranges for a third party to install those goods on their behalf if the goods become part of real property
  •  Clarified that a contractor does not charge their customer PST on installation services if the goods become part of real property
  • Clarified the exemption criteria for contractors when fulfilling contracts with persons exempt from PST
  Bulletin PST 502, Examples – Goods That Generally Become Part of Real Property and Goods That Do Not (PDF, 310KB)
  • Added cranes (permanently attached and expected to remain on site for its useful life) to the list of goods that generally become part of real property
  • Clarified that hot tubs generally become part of real property when attached to land or buildings Clarified that permanent signage generally becomes part of real property
  • Clarified that temporary signs and banners generally do not become part of real property
  Bulletin PST 503, Affixed Machinery (PDF, 340KB)
  • Updated formatting and language for consistency
  Bulletin PST 504, Contractors Who are Also Retailers or Wholesalers (PDF, 330KB)
  • Clarified when contractors are eligible for a refund of PST paid when using goods fulfilling contracts with exempt persons
  • Updated the list of other relevant documents to support a refund claim when fulfilling contracts with exempt persons

Motor fuel tax and carbon tax

• May 8, 2024
  The following bulletin and webpage have been updated to include information on the B.C. output-based pricing system carbon tax exemption:
  • Bulletin CT 002, Carbon Tax Refunds for Purchasers (PDF, 190KB)
  • Motor fuel tax and carbon tax exemptions
  Bulletin MFT-CT 001, Fuel Sellers (PDF, 240KB), has been updated to:
  • Reword information about fines for non-compliance
  • Add information on the carbon tax exemption for B.C. output-based pricing system registrants
  • Revise information on tax rate changes
• May 28, 2024
  Bulletin MFT-CT 007, Refunds for Deputy Collectors and Retail Dealers (PDF, 170KB), has been updated to:
  • Add information reminding fuel sellers that they are required to record specific information or collect documentation that supports exempt sales or fuel sold at a lower rate of tax or security
  • Add information on the carbon tax exemption for B.C. output-based pricing system registrants
  • Clarify that collectors must claim refunds or credits on their tax returns

For more information, visit the BC government website.

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

• 96-931 – Exemption from derivatives reporting requirements in Multilateral Instrument 96-101 Trade Repositories and Derivatives Data Reporting for certain derivatives data relating to the Canadian dollar offered rate
• 81-102 – CSA Notice of Publication Amendments to National Instrument 81-102 Investment Funds and Changes to Companion Policy 81-102CP to National Instrument 81-102 Investment Funds to Accommodate a Range of Settlement Cycles for Mutual Funds
• 24-101 – Amended National Instrument 24-101 Institutional Trade Matching and Settlement and Changes to Companion Policy 24-101 Institutional Trade Matching and Settlement
• 25-102 – CSA Notice and Request for Comment - Proposed Amendments to Multilateral Instrument 25-102 Designated Benchmarks and Benchmark Administrators and Proposed Changes to Companion Policy 25-102 Designated Benchmarks and Benchmark Administrators

For more information, visit the BC Securities website.

B.C. Implements New Output-Based Pricing
System for Carbon Emissions
Recently, British Columbia made changes to its industrial greenhouse gas emissions regime by implementing a mandatory carbon emissions output-based pricing system (OBPS) for major industrial operations. The OBPS replaces the CleanBC Industrial Incentive Program (CIIP).

The OBPS is intended to reduce industrial greenhouse gases to meet B.C.'s climate goals set out in the CleanBC Roadmap to 2030, while meeting the national standards. Read the full article by Holly Stewart, Tony Crossman and Matthew Vreugde with Blake, Cassels & Graydon LLP.

B.C. Imposes New Rules on Boaters
to Stop Spread of Parasite
British Columbia's chief veterinarian has issued an order making it illegal to transport boats or other watercraft without removing the drain plug to prevent the spread of whirling disease.

Whirling disease, which is fatal in fish, is caused by a microscopic parasite that mainly targets salmon and trout. The Ministry of Water, Land and Resource Stewardship says the order takes effect on Friday [May 17] and is also intended to keep invasive mussels out of B.C. waterways.

Boat operators are required to clean, drain and dry all watercraft and remove all mud, sand and plants before leaving the shore. Vessels will also have to dry out for at least 24 hours before entering new waters. Read the CBC article.

BC's Public Interest Bonding Strategy
Expands the Reach of "Polluter Pays"
The Public Interest Bonding Strategy ("Strategy") was created to ensure owners of large industrial projects pay for environmental clean-up if projects are not fully decommissioned or are abandoned. The Strategy is being developed in two phases: Phase 1 addresses foreseen clean-up costs of new and existing facilities permitted under BC's Environmental Management Act ("EMA") and Phase 2 will address unforeseen clean-up costs of facilities permitted under the EMA, and foreseen costs of facilities authorized under other legislation. The Ministry of Environment and Climate Change Strategy ("Ministry") launched consultations on the Strategy in 2022. Read the full article by Sabrina Spencer and Tara Bishop with Fasken Martineau DuMoulin LLP.

Preparing BC Forestry Workers for Wildfires
Last year's wildfire season in BC was the most destructive on record, with 2.8 million hectares burned – more than double any previous year. The fires caused significant disruption to the work and lives of many people in BC, and the impact was felt strongly by those in the forest industry. Evacuations and alerts, oppressive smoke, high heat, area closures, and lack of access to industry critical resources, including helicopters, were among the many challenges faced by the industry.

The influence of El Niño contributed to the warm and dry climate throughout 2023, and this pattern has continued into the spring of 2024. Coupled with below-average precipitation and above-average temperatures expected over the coming months, the prolonged drought conditions are once again setting the stage for a challenging 2024 fire season across the province. Read the full article in the Forest Safety News June 2024 issue.

Right to Life, Liberty, Security of the Person, and Perhaps
an Environment Free from Climate Change
While common law tends to evolve methodically, the impending climate crisis does not. The Federal Court of Appeal grappled with this dilemma in La Rose v Canada, 2023 FCA 241 ("La Rose FCA"), ultimately reinvigorating the plaintiffs' claims by concluding that climate change issues are justiciable and the governments' response (or lack thereof) may ground a section 7 Charter challenge.

The La Rose FCA decision concerns two separate actions. Both actions alleged that the Federal Government failed in its response to climate change which, as a result, violated the plaintiffs' section 7 (right to life, liberty, and security of person) and section 15 (equality provision) Charter rights. Read the full article by Susan Fridlyand with Woodward & Company LLP.

B.C. Provides Update on Old-Growth Conservation
The Province is securing a better future for B.C.'s forests and communities by taking better care of more old-growth forests, supporting local jobs and building a more sustainable and resilient forestry industry.

Released on Tuesday, May 21, 2024, the B.C. government's update reports on work underway in response to the 14 recommendations made by an independent panel in a 2020 review of B.C.'s old forests. It also outlines next steps as the Province and First Nations, alongside the forestry sector, workers and communities, take action to better care for forests, provide stability for B.C.'s forestry communities, and address challenges associated with climate change and wildfires. Read the government news release.

B.C. Forest Industry Urges Government
Action Amidst Mill Closures
Linda Coady, president and CEO of the BC Council of Forest Industries (COFI), has voiced concerns over the escalating closures and curtailments of lumber, pulp, and paper mills in B.C.

Coady emphasized the urgent need for the provincial government to swiftly address challenges in timber supply stabilization. Read the article from Canadian Forest Industries.

Hunting Regulation Changes Support
Wildlife Stewardship, Reconciliation
The Province is updating limited-entry hunting regulations to sustainably manage B.C. wildlife, respect First Nations' hunting rights and provide hunters with a diversity of recreational and economic opportunities.

The recent changes affect the hunting of moose, caribou, elk, bighorn sheep, thinhorn sheep, mountain goats, white-tailed deer and mule deer.

Some regulation changes present new hunting opportunities in various parts of the province, including one regulation that was converted to a general open-season hunt for antlerless white-tailed deer in the Cariboo Region. Read the government news release.

Stronger Enforcement Options Will Stop
Illegal Activities in B.C. Parks
British Columbia's natural environment will be better protected with stronger enforcement to stop people from committing environmental crimes in provincial parks, protected areas and ecological reserves.

Regulatory changes are being made today [May 3] to the Park Act and Ecological Reserve Act to bring administrative penalties of as much as $500,000 into the list of enforcement options available to BC Parks staff. Read the government news release.

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

Environmental Management Act

• KMS Tools and Equipment Ltd. v. Director, Environmental Management Act [Final Decision – Appeal Dismissed]
• Kensington Union Bay Properties GP Ltd. v. Director, Environmental Management Act [Dismissal Order – Appeal Dismissed]

Integrated Pest Management Act

• Communities United for Clean Air and Dr. Tynan v. Administrator, Integrated Pest Management Act [Decision on Stay Applications – Denied]

Water Sustainability Act

• Kathleen and John Ehrlich v. Water Manager [Document Production Application Decision – Dismissed]

Visit the Environmental Appeal Board website for more information.

Forest Appeals Commission Decisions
The following Forest Appeals Commission decisions were made recently:

Forest and Range Practices Act

• Cassiar Forest Corp. v. Government of British Columbia [Preliminary Decision on Document Production – Denied]
• Tk'emlupsemc Forestry Development Corporation v. Government of British Columbia [Final Decision – Allowed in Part]
• Lemare Lake Logging Ltd. and Lions Gate Forest Products Ltd. v. Government of British Columbia [Final Decision – Appeals Granted]

Visit the Forest Appeals Commission website for more information.

New Report Published on Access to Justice 
and the BC Mental Health Act
A recently published report documents significant access to justice barriers for people who are detained and experiencing constitutional rights impacts under the Mental Health Act in BC. Through engagement with people most directly impacted, data analysis, and legal research, Upstream Barriers, Downstream Crisis: Denial of Justice under BC’s Mental Health Act shows how BC has reached an access to justice crisis and what we can do about it. The action areas identified include addressing disparities in legal aid compensation rates for lawyers, creating a government-funded service designed to fulfill constitutional rights to legal advice upon detention, and eliminating legislative and policy barriers to hearings. Read the full report and interactive summaries of the publication’s main points on the Health Justice website. [Quickscribe plans to leverage the Supplemental Notes feature to make references to this Report adjacent to relevant sections of the Act.]

BC Supreme Court Upholds Solicitor-client 
Privilege in Medical Negligence Case
The BC Supreme Court dismissed an application by Dr. Gerald Nemanishen, which argued that the plaintiff, Warren Homan, waived privilege in his reply to a medical negligence claim. The dispute in Homan v Nemanishen, 2024 BCSC 735 centered around the confidentiality of solicitor-client privilege. Dr. Nemanishen's application claimed that Homan had inadvertently waived privilege by detailing his engagement with legal counsel and the timing of receiving medical records in his legal pleadings. These documents were pivotal in addressing a limitation defence that Dr. Nemanishen raised, arguing the claim was time-barred under the Limitation Act. Read the full article by Angelica Dino with Canadian Lawyer.

Consultation Begins to Designate Psychotherapy as 
Regulated Health Profession
The Province is introducing changes to increase patient safety and create more consistent care delivery for people accessing mental-health services as consultation begins to designate those who offer psychotherapy as a regulated health profession under the Health Professions Act. The practise of psychotherapy is used to treat mental-health conditions, disorders and psychological problems, which can involve directly treating a patient’s psyche. Those who offer psychotherapy with a focus on patients’ mental health may include some individuals currently using titles such as clinical counsellors, counselling therapists and psychotherapists. Read the government news release.

BC Supreme Court Upholds COVID Vax 
Mandate for Healthcare Workers
The British Columbia Supreme Court has upheld the COVID-19 vaccination mandate issued by Provincial Health Officer (PHO) Dr. Bonnie Henry which continues to be in effect today. With this, the 15 petitioners – included in three separate petitions – who lost their jobs for not complying with the mandate will not be getting their jobs back any time soon. BC Supreme Court Justice Simon Coval dismissed the petitions, with an exception. Read the full article by Jim Wilson with Canadian HRReporter.

BC Case Comment: Obtaining a Committeeship Order When You 
Have an Adult Guardianship Order in Another Jurisdiction
A person may be appointed as committee to manage an incapable person and/or their affairs. The usual process is to bring an application under the Patients Property Act [RSBC 1996] Chapter 349 for an order declaring the person incapable, and the appointment of a committee.
A person applying for a committeeship order must provide affidavits of two medical practitioners setting out their opinion that the person who is the subject of the application is, because of mental infirmity arising from disease, age or otherwise, or disorder or disability of mind arising from the use of drugs, incapable of managing their person or their affairs. Without the two affidavits, the court cannot make the order under the act. Read the full article by James Zaitsoff on the BC Estate Litigation Blog.

BC Considering Making CPR Training, Naloxone
Training Mandatory in Schools
"One group is calling for life-saving lessons to be mandatory in high schools in British Columbia, and they want overdose response to be included in the curriculum. With this change, “the students learn what are opioids, and how do opioid overdoses happen. They learn what is naloxone, and how does it work. And then they learn how to respond to a suspected opioid overdose,” said Sandra Clark, the executive director of the ACT Foundation, a charity that trains people in how to perform CPR and administer naloxone to reverse overdoses, in a CTV News report. Read the full article by Jim Wilson on Canadian Occupational Safety.

New Federal Ban on Replacement Workers
On May 27, 2024, the House of Commons unanimously passed Bill C-58 (the "Bill"), which seeks to restrict federally-regulated employers from hiring replacement workers during lockouts or strikes.

If the Bill is passed by the Senate and receives Royal Assent, as is anticipated, it will make several consequential amendments to the Canada Labour Code, 1985 (the "Code"), including the following:

1. Prohibiting employers or persons acting on their behalf from using the services of certain categories of persons to perform all or part of the duties of an employee in the bargaining unit on strike or lockout;
2. Removing the requirement of demonstrating a purpose of undermining a trade union's representational capacity;
3. Requiring employers and trade unions to agree upon activities that need to be maintained in the event of a legal strike or lockout; and
4. Imposing penalties and authorizing regulations to promote compliance.

Read the full article by Prateek Awasthi with Mathews, Dinsdale & Clark LLP.

A Failed Judicial Review by Terminated
Employee Who Threatened Violence
Wepruk v. Canada (Attorney General), [2024] F.C.J. No. 526, Federal Court of Appeal, March 21, 2024, M.J.L. Gleason, M. Biringer and E. Walker JJ.A.
An employee of Health Canada stated that she would soon "snap" and "commit violence" toward her manager and was later terminated for cause following an investigation and disciplinary hearing. The employee applicant grieved the decision to the Federal Public Sector Labour Relations and Employment Board, who upheld the employer's decision. The Federal Court confirmed the Board's decision as reasonable and procedurally fair.

This case concerns the judicial review of a decision of the Federal Public Sector Labour Relations and Employment Board (the "Board") to dismiss the applicant's grievance and uphold the employer's termination of the applicant. Read the full article by Roshni Veerapen with Harper Grey LLP.

BC Supreme Court Dismisses Class Action
in Tim Hortons 'No-Hire' Clause Case
The BC Supreme Court has dismissed a proposed class action lawsuit against Tim Hortons, ruling that there are no genuine issues for trial concerning the "no-hire" clause in its franchise agreements.

The plaintiff, a former employee, sought to certify a class of all current and former employees of Tim Hortons in Canada, alleging that the clause unlawfully suppressed wages and restricted employment mobility. Read the full article by Angelica Dino in the Canadian Lawyer.

Employer alert: Canada to Increase Off-Campus
Work Hours for International Students This Fall
As of May 1, 2024, Canada ended its temporary waiver of the 20-hour-per-week limit on the number of hours that international students are allowed to work during academic sessions.

However, the Minister of Immigration recently announced that in the fall of 2024, the number of hours international students may work off-campus during academic sessions will be increased from 20 to 24 hours per week. Further details will be provided in due course. Read the full article by Bill MacGregor with Gowling WLG.

"Dependent" Contractors Entitled to
Reasonable Notice of Termination
A worker's classification as an employee, independent contractor, or dependent contractor comes with significant legal implications, which affect the rights and obligations of both workers and employers. While many businesses are familiar with the categories of employee and independent contractor, some may not be aware of the intermediary: dependent contractors. As dependent contractors are increasingly recognized by the courts, it is important that employers become aware of this status and its legal significance. The recent BC Supreme Court case Cvjetkovich v. Breezemax Web (Ca) Ltd., 2024 BCSC 808, explored the classification of dependent contractors. Read the full article by Emma Jerrott with Harper Grey LLP.

New Rules Will Protect Vulnerable Road Users
Starting Monday, June 3, 2024, drivers must keep new minimum distances from people walking and riding on roads in British Columbia.

New rules will protect vulnerable road users, requiring drivers to keep at least one metre away when passing.

Vulnerable road users include pedestrians, cyclists, motorcyclists, individuals on animals or in vehicles pulled by animals, and people who use electric wheelchairs, mobility scooters and electric kick scooters. Read the government news release.

Dangerous Goods Marks
This bulletin explains the labelling and placarding requirements. It does not change, create, amend or suggest deviations to the Transportation of Dangerous Goods Regulations (TDG Regulations). For specific details, consult Part 4 of the TDG Regulations.

The term "dangerous goods safety mark" is replaced with "dangerous goods mark" throughout the English version of the TDG Regulations and this document to reflect the terminology being used in the Act. This change will allow internal consistency with no change in the meaning. The terminology in the TDG Regulations is being modified as the TDG Regulations are updated. From Transport Canada.

In-Cab Warning Devices Required in Dump
Trucks as of Saturday [June 1]
Technology will help keep B.C.'s roads safer for all drivers as in-cab warning devices to prevent infrastructure crashes become mandatory for all commercial vehicles with dump boxes.

This change will support greater safety for commercial drivers and all travellers.

As of Saturday, June 1, 2024, commercial vehicles with dump boxes that can rise above 4.15 metres are required under B.C.'s Motor Vehicle Act Regulations to have in-cab warning devices installed to alert the driver when the dump box is raised. Read the government news release.

BC Supreme Court Denies Injunction Against Cap on
Disbursements in Motor Vehicle Injury Cases
The BC Supreme Court has denied an application by the Trial Lawyers Association of British Columbia (TLABC) to suspend the regulation imposing a cap on recoverable disbursements in motor vehicle personal injury actions.

The petitioners sought an interlocutory injunction against section 5 of the Disbursements and Expert Evidence Regulation (DEER), pending a constitutional challenge. The Attorney General of British Columbia and Isabel Leontine Snelgrove opposed the application. Snelgrove is the defendant in a separate action for injuries sustained in a motor vehicle accident. Read the full article by Angelica Dino in the Canadian Lawyer.

Report Released on Passenger Directed Vehicles
The Special Committee on Passenger Directed Vehicles has delivered its report to the Legislative Assembly of BC. The report provides 34 recommendations, including one related to transportation in small, rural, and remote communities.

In May 2023, the Legislative Assembly appointed a Special Committee to Review Passenger Directed Vehicles, under the Passenger Transportation Act. The Special Committee was tasked with reviewing passenger-directed vehicle services and transportation network companies such as Uber and Lyft. Read the article from the Union of BC Municipalities.

Automotive OEMs Take Note: BC Tunes Up
Approach to Vehicle Service Contracts
On April 25, 2024, the British Columbia Financial Services Authority ("BCFSA") issued Regulatory Statement 24-008 ("RS 24-008"), clarifying the limits of "vehicle warranty insurance" and "product warranty insurance" as well as the scope of "automobile insurance." RS 24-008 will have significant impact on and require automobile manufacturers and automobile dealers to revisit the underwriting and sale of vehicle service contracts in British Columbia ("BC").

The BCFSA has long considered product warranties and vehicle warranties to be insurance. Product warranty insurance and vehicle warranty insurance are defined as follows in the Classes of Insurance Regulation passed under BC's Financial Institutions Act ("FIA"). Read the full article by Belinda A. Bain and Rachel B. Runge with Gowling WLG.

BC Supreme Court Upholds Drivers' Liability in
Car Crash Injuring Cyclist
In a recent ruling, the BC Supreme Court upheld drivers' liability in a motor vehicle collision that injured a cyclist.

The incident, which took place on South West Marine Drive in Vancouver, led to a trial focused solely on liability. The court found both defendants, Ruoyun Liang and an unidentified driver, negligent and responsible for the accident that injured cyclist Quinn Anderson. Read the full article by Angelica Dino in the Canadian Lawyer.

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

• Circular 03-21 – New Weight Allowances for Commercial Trucks, Truck Tractors and Buses Powered by Electricity or Hydrogen/Diesel Bi-Fuel, and Changes to Existing Weight Allowances for Full Size Commercial Vehicles Powered by LNG, CNG or LNG/Diesel
• NSC Bulletin 02-2023 – Publication of Carriers Cancelled for Cause
• CT Notice 01-24 – Oversize Permit Restrictions Between on Hwy 1 Between Duncan and Chemainus (Chemainus River Bridge)
• Commercial Transport Procedures Manual – Commercial Transport Procedures Manual updates now available

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 Passenger Transportation Board:

Applications Received

• 19685-24 – Gabriola Taxi Ltd.
• 19693-24 – 7th Heaven International Ltd. (Mountain Shuttle and Cab)
• 19583-24 – 2265281 Alberta Ltd. (Lil' Critter Croft Transport)
• 19654-24, 19658-24, 19738-24, 19739-24, 19740-24, 19741-24, 19748-24, 19749-24, 19773-24, 19775-24, 19882-24, 19883-24, 19891-24, 19892-24, 19894-24, 19895-24, 19901-24, 19973-24, 19982-24, 20000-24 – Black Top Cabs Ltd., Bonny's Taxi Ltd., Coquitlam Taxi (1977) Ltd., Delta Sunshine Taxi (1972) Ltd., Garden City Cabs of Richmond Ltd., Guildford Cab (1993) Ltd., Kimber Cabs Ltd., MacLure's Cabs Ltd., Newton Whalley Hi Way Taxi Ltd., North Shore Taxi (1966) Ltd., Queen City Taxi Ltd., Richmond Cabs Ltd., Royal City Taxi Ltd., Sunshine Cabs Limited, Surdell Kennedy Taxi Ltd., Tsawwassen Taxi Ltd., Vancouver Taxi Ltd., Vancouver Taxi Ltd. (dba Handicapped Cab)), White Rock South Surrey Taxi Ltd., Yellow Cab Company Ltd.
• 19581-24 – Universal Coach Line Ltd. (YVR Whistler, Skylynx)

Application Decisions

• 19529-24 – Bel-Air Taxi (1982) Limited [Approved]
• 20374-24 PS TOP – Luxury Life Limousine Inc. [Approved]
• 19530-24 – Port Coquitlam Taxi Ltd. [Approved]
• 18485-23 – 0772021 BC Ltd. (Hope Taxi) [Approved in Part]
• 20499-24 PS TOP – Luxe Fleet Inc. [Approved]
• 20511-24 PS TOP – Vancity Limousines Ltd. [Approved]

Visit the Passenger Transportation Board website for more information.

Protecting Your Workers from the Risk of Fatigue
Fatigue puts workers at a greater risk of sustaining injuries from hazards at work. WorkSafeBC’s information sheet Managing the risk of fatigue in the workplace provides guidance for employers and workers. “This resource represents a shift in thinking about fatigue in the workplace,” says Jenny Colman, an ergonomist with WorkSafeBC. “While we once saw fatigue as the hazard, we now think of it in terms of a contributory factor that can increase the risk of harm or potential for harm from work being performed. Therefore, higher protections need to be in place around the tasks performed by a worker who is tired.” Read the full article by Sarah Ripplinger with WorkSafeBC.

Bill 41 and Forestry Workplaces
Are you aware that Bill-41: Workers Compensation Act, came into effect in January 2024? Bill-41 establishes legal duties for employers to maintain employment opportunities for injured workers, and for employers and workers to cooperate in the process of returning to and continuing work after injuries. WorkSafeBC has various resources outlining the changes including a downloadable webinar presentation that should help explain the employer, worker and WorkSafeBC requirements. Read the full article in the June 2024 issue of Forest Safety News.

New Doctors of BC Policy Resolution  
Calls for Elimination of Sick Notes
from Doctors of BC:
For many years, Doctors of BC has publicly advocated for the elimination of routine sick note requests (for colds or the flu, etc.) made by employers in British Columbia. In April 2024, Doctors of BC’s Board of Directors approved a policy resolution that recommends the provincial government restrict the ability for employers to request their staff obtain a sick note from their doctor for medical absences. In certain circumstances, such as prolonged absence from work, or if a doctor can provide meaningful insight into an employee’s condition, a sick note would be appropriate. In these instances, however, the cost of the sick note should be covered by the employer, not the employee.

Technical Safety BC Releases
State of Safety 2023 Report
Technical Safety BC has released its 2023 State of Safety and Annual Report, outlining the critical safety risks and priorities for British Columbia. The report provides a comprehensive analysis of incidents, injuries, and emerging risks over the past year, serving as a resource for employers and health and safety professionals aiming to improve workplace safety across the province. "British Columbians should be able to trust that the places they work, live, and play are safe," said Phil Gothe, President and Lead Executive Officer at Technical Safety BC. "Our State of Safety and the Top Five Safety Risks highlight not only the areas of focus for our team but represent a call to action to all those across the safety system." Read the full article by Shane Mercer with Canadian Occupational Safety Magazine.

Forestry Employers Need to Get Ready for
New First Aid Requirements
We are quickly approaching the date when, on November 1st, 2024, changes to First Aid requirements will come into effect. The amendments were approved by WorkSafeBC’s Board of Directors in April 2023 and the 18-month time-lag in implementation was designed to allow employers and training providers to prepare for the changes. These amendments will apply to all workplaces and industries, but some of the key changes are especially relevant in the forestry sector because of the focus on remote and less-accessible work locations. The requirements for first aid are outlined in Part 3 of the Occupational Health and Safety Regulation. They have seen very few updates over the last 20 years, which has prompted the current overhaul. Read the full article in the June 2024 issue of Forest Safety News.

Why BC Trades Workers Are Demanding Nasal
Naloxone on Construction Sites
The list is long and tragic as carpenter C. Michael Kinsella recounts memories of friends lost to fatal overdoses. There was the kid his family spent Thanksgivings with, who lived next door during Kinsella’s childhood. In 2021, after that boy grew up, he worked on a construction site alongside his father, until the day his parents found him unresponsive in their basement. And there was Kinsella’s lifelong best friend who was proud of the living he made as a bricklayer until he was injured and started taking prescription opioids for pain, which led to an addiction to illicit drugs. He overdosed in 2020. Read the full Vancouver Sun article (paywall).

OHS Policies/Guidelines – Updates
May 9, 2024

Guidelines – Occupational Health and Safety Regulation
The following guideline was revised:

• Part 19 Electrical Safety
  G19.25 Assurance in writing

Guidelines – Workers Compensation Act
The following guideline was revised:

• Part 2 Division 1 – Interpretation and Purpose
  G-P2-85-1 The authority to suspend the application of the Regulation

The following guideline was retired:

• Part 2 Division 1 – Interpretation and Purpose
  G-P2-75(3)(c) Use of Legal Sample Bags for samples collected by WorkSafeBC officers

Visit the WorkSafeBC website to explore this and previous updates.

British Columbia’s Home Flipping Tax: 
Overview and Implications
After a series of concerns over housing affordability in British Columbia, the 42nd Parliament introduced Bill 15 – 2024: Budget Measures Implementation (Residential Property (Short-Term Holding) Profit Tax) Act (Bill 15). Bill 15 received royal assent on April 25, 2024 and the Residential Property (Short-Term Holding) Profit Tax Act (the Home Flipping Tax Act), which comes into effect January 1, 2025, is estimated to generate CA$43 million in its first fiscal year. It is intended to target speculators who purchase and sell residential property for quick profits, with the goal of curbing housing price inflation and enhancing affordability for families in British Columbia.

Key aspects
Under the Home Flipping Tax Act, profits from flipped residential properties face a 20% tax rate if the residential property is sold within one year of acquisition. The tax rate gradually decreases for sales occurring between one and two years, eventually reaching zero after two years. Any disposition within the first two years of acquisition of a residential property is a taxable transaction. Importantly, the foregoing applies to residential properties that were purchased before the effective date of the Home Flipping Tax Act, being January 1, 2025.

Read the full article by Brigham Jagger, Inder Biring and Emily LeDue with Dentons LLP.

Amendments to BC’s Land Title Act and Property Law Act Enable
First Nations to Own Off-reserve Land in Their Own Name
The Government of British Columbia has passed legislative amendments which will enable First Nations, for the first time ever, to register their off-reserve interests at the provincial Land Title Office (the “LTO”) in their own name. The Land Title and Property Law Amendment Act, 2024, comes into force on May 21, 2024. In BC, all ownership of, and interests in, private land must be registered at the LTO to be enforceable. To register an interest in land with the LTO, parties (e.g., corporations) must fall within the definition of legal “persons” who can be registered owners under the Land Title Act and the Property Law Act. However, the legal capacity of First Nation governments has remained an uncertainty for decades because a “band” is not a “person” as defined for the purposes of certain legislation. The only legal definition of the term “band” is laid out in subsection 2(1) of the Indian Act where a band is defined as a “body of Indians” and is not granted the full powers of a legal personhood. Read the full article authored by Jessica Proudfoot and Riley Brennan (articled student) with Woodward & Company LLP.

When Will a “Belt and Suspenders” Approach Work? 
Considering Claims where Alternative Relief Is
Sought in a Builders Lien Claim
Those in the construction industry are well aware that a contractor or subcontractor who performs or work or supplies materials to an improvement is entitled to a builders lien for the price of such work and materials to the extent the same remain unpaid. It is also well-known that in order to perfect a builders lien claim, a claimant must file a notice of civil claim and register a certificate of pending litigation (CPL) against title to the liened property within one year of the lien being registered. It is common for such notices of civil claim to contain pleadings for alternate relief to support the CPL should the builders lien claim be found to be invalid. However, a recent decision of the BC Supreme Court in Cape Group Management Ltd. v. 0793231 B.C. Ltd., 2024 BCSC 493 has made clear that this alternative relief will not always be sufficient for a lien claimant to establish an entitlement to a CPL where the related builders lien claim has failed. Read the full article by Rosalie A. Clark and Alec Kobetitch with Clark Wilson LLP.

BC Announces Online Building Permit Hub to
Speed Up Homebuilding across Province
The British Columbia government says a new online "hub" will speed up building permit processes across jurisdictions. Premier David Eby says "slow and complicated" building permit processes have delayed housing development at a time when it's urgently needed. The province says the digital building permit system will be a "one-stop shop" for local building permits, and 12 municipalities and two First Nations governments are part of the first pilot phase of the new system. Housing Minister Ravi Kahlon says the new system is unique in North America and aims to cut wait times for builders by standardizing requirements that suffer from inconsistencies in different communities. Read the full article published by BIV.

Throwing Good After Bad Can Be Okay: BC Court of Appeal
Determines Owner’s Payment Did Not Have Retroactive
Effect on Builders Lien Liability
This bulletin covers a recent decision from the BC Court of Appeal in Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc., 2024 BCCA 172. The decision determined that an owner entering into an agreement with a subcontractor to pay outstanding amounts owed by another subcontractor did not alter the owner’s ability to discharge the subcontractor’s lien claim under section 23 of the Builders Lien Act. The owner of a mixed-use project engaged a head contractor for a project. The contractor engaged an excavation subcontractor for the project, who in turn engaged another subcontractor to perform disposal work for the project. The disposal subcontractor performed the work on the project, but the excavation subcontractor failed to pay the invoices issued by the disposal subcontractor. Read the full bulletin by Tariq Ahmed and Oliver Leung with Fasken.