regulations to note april 2015 bartalk · ©cbabc,!2015!! page3!...

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REGULATIONS TO NOTE

January 27, 2015 to and including March 17, 2015

Election Act, creates the Plebiscite 2015 (Regional Transportation System Funding) Regulation regarding the 2015 Metro Vancouver Transportation and Transit Plebiscite from March 16 to May 29, 2015 (the “Referendum”) (effective February 13, 2015, B.C. Reg. 21/2015). The Plebiscite 2015 (Regional Transportation System Funding) Order is created, stating the Referendum question: “Do you support a new 0.5% Metro Vancouver Congestion Improvement Tax, to be dedicated to the Mayors’ Transportation and Transit Plan?” (effective February 12, 2015, OIC 53/2015). Employment Standards Act, amends the Employment Standards Regulation (B.C. Reg. 396/96) to:

• index increases in the general minimum hourly wage and liquor server wage to B.C.’s Consumer Price Index so that the general minimum hourly wage will increase from:

o $10.25 to $10.45 and o the liquor server wage from $9.00 to $9.20 per hour;

• increase minimum daily wages for live-‐in home support workers and live-‐in camp

leaders;

• increase monthly rates for resident caretakers;

• increase piece rates for farm workers (all effective September 15, 2015, B.C. Reg. 40/2015).

Energy Efficiency Act, repeals the Energy Standards Regulation (B.C. Reg. 389/93) and creates the Energy Efficiency Standards Regulation regarding specified consumer products (both effective February 4, 2015, B.C. Reg. 14/2015). Esquimalt and Nanaimo Railway Belt Tax Act, repeals the Esquimalt and Nanaimo Railway Belt Land Tax Act Regulations (B.C. Reg. 90/58) (effective February 4, 2015, B.C. Reg. 15/2015). Health Care Costs Recovery Act, amends the Health Care Costs Recovery Regulation (B.C. Reg. 397/2008) replacing the prescribed forms regarding:

• notifying the government of a legal claim;

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• giving notice of information from an insurer to the Minister of Health; • giving beneficiary's notice to the Minister of Health; and • notifying the proposed terms of settlement to the Minister of Health (effective February 13, 2015, B.C. Reg. 19/2015).

Homeowner Protection Act, amends the Homeowner Protection Act Regulation (B.C. Reg. 29/99) including to:

• permit a nominee regarding a residential builder licence; • add requirements for applying for a residential builder licence; • add exemption for licensing; • add a requirement for continuing professional development regarding a residential

builder licence; • regulate developers; • provide for consumer protection; • add schedules regarding competency requirements for residential builder licence (all

effective 6 months from the date of deposit March 4, 2015, B.C. Reg. 33/2015). Also, the Homeowner Protection Act Regulation (B.C. Reg. 29/99) is amended including to:

• require information to be provided to the registrar regarding a residential builder licence; and

• add qualifications for new residential builder licence (all effective 12 months from the

date of deposit March 4, 2015, B.C. Reg. 33/2015). Further, the Homeowner Protection Act Regulation (B.C. Reg. 29/99) is amended to add requirement for a owner builder to successfully complete an examination set by the registrar regarding basic home building knowledge (effective 16 months from the date of deposit March 4, 2015, B.C. Reg. 33/2015).

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Liquor Control and Licensing Act, amends the Liquor Control and Licensing Regulation (B.C. Reg. 244/2002) creating a lottery system for relocations, moves to other communities or into grocery stores (effective February 26, 2015, B.C. Reg. 28/2015). The Liquor Control and Licensing Regulation (B.C. Reg. 244/2002) is amended regarding:

• proposed location of liquor and wine stores; • grocery stores; • licensee retail stores; • lottery for initial relocation applications (all effective April 1, 2015, 42/2015).

The B.C. Reg. 242/2014, which amends the Liquor Control and Licensing Regulation (B.C. Reg. 244/2002), is amended in the Schedule regarding sales in grocery stores (effective March 17, 2015, B.C. Reg. 42/2015). Motor Vehicle Act, repeals the Lien On Impounded Motor Vehicle Regulation (262/2010) and creates the Lien On Impounded Motor Vehicles Regulation to:

• create zones across the Province where impound lots are located; • increase storage fees for impounded motor vehicles; • increase towing fees for impounded motor vehicles; • add administrative fees for claimed and unclaimed motor vehicles (all effective March 1, 2015, B.C. Reg. 25/2015).

The Motor Vehicle Act Regulations (B.C. Reg. 26/58) are amended to add the "Alco-‐Sensor FST" as a prescribed device designed to determine the presence of alcohol in the blood of a person (effective March 17, 2015, B.C. Reg. 43/2015). Passenger Transportation Act, amends the Passenger Transportation Regulation (B.C. Reg. 266/2004) to:

• require limousine operators with perimeter seating vehicles-‐-‐stretch SUVs, limo-‐buses and party buses-‐ that each vehicle in their fleet have a Special Authorization licence approved by the Passenger Transportation Board (effective February 27, 2015, B.C. Reg. 29/2015); and

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• permit passengers to stand in a commercial passenger vehicle for short 5km trips, including an airport or a cruise ship terminal (effective March 17, 2015, B.C. Reg. 44/2015).

Securities Act, amends the National Instrument 81-‐101 Mutual Fund Prospectus Disclosure (B.C. Reg. 1/2000) (effective March 11, 2015, B.C. Reg. 34/2015). The National Instrument 81-‐101 Mutual Fund Prospectus Disclosure (B.C. Reg. 1/2000) is amended regarding fund facts documents (effective May 30, 2016, B.C. Reg. 34/2015) and the pre-‐authorized pension plan rule in Schedule C is made (effective May 30, 2016, B.C. Reg. 34/2015). Any exemption from or waiver of a provision of National Instrument 81-‐101 Mutual Fund Prospectus Disclosure (B.C. Reg. 1/2000) regarding the prospectus or fund facts document delivery requirements for mutual funds, expires (effective May 30, 2016, B.C. Reg. 34/2015). Utilities Commission Act, creates the EGP Project Regulation (effective January 27, 2015, B.C. Reg. 13/2015). In this Regulation, the EGP Project is defined as the Direction No. 5 to the British Columbia Utilities Commission (B.C. Reg. 245/2013) regarding liquid natural gas (LNG), rate schedules and specified expansion projects (effective December 22, 2014, B.C. Reg. 265/2014). The EGP Project Regulation excludes the EGP Project from the requirement under the Act to obtain from the Utilities Commission a certificate of public convenience and necessity. Wildlife Act, amends the Angling and Scientific Collection Regulation (B.C. Reg. 125/90) to change the current rules that allowed only youths aged 16 or less, those 65 and older, and disabled anglers to fish in age-‐-‐-‐restricted waters to now permit anglers of all ages to fish in age-‐-‐-‐restricted waters as long as anglers accompany a youth under the age of 16 or a disabled angler who is actively angling (effective February 4, 2015, B.C. Reg. 17/2015). The Wildlife Act Commercial Activities Regulation (B.C. Reg. 338/82) is amended to:

• add offences regarding guide outfitters or assistant guides; • make amendments regarding qualifications of assistant guides; • make amendments regarding written authorizations; • add age 18 age requirement for persons to guide for game as an assistant guide; • add records retention requirements (all effective April 1, 2015, B.C. Reg. 18/2015).

The Permit Regulation (B.C. Reg. 253/2000) is amended regarding written authorizations and the age 18 requirement for persons to guide for game as an assistant guide (effective April 1,

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2015, B.C. Reg. 18/2015). The Wildlife Act General Regulation (B.C. Reg. 340/82) is amended to repeal a reference to assistant guide licence (effective April 1, 2015, B.C. Reg. 18/2015). The Wildlife Management Areas Regulation is created to designate specified wildlife management areas in the Province and to designate a critical wildlife area for the Vancouver Island marmot (effective January 21, 2015, B.C. Reg. 12/2015). The following regulations are repealed:

• Cranberry Marsh/Starratt Wildlife Management Area Regulation (B.C. Reg. 157/2013); • Dewdrop-‐Rosseau Creek Wildlife Management Area Regulation (B.C. Reg. 165/2013); • Green Mountain Wildlife Management Area Regulation (B.C. Reg. 139/2014); • McTaggart-‐Cowan/nsk’ niw’t Wildlife Management Area Regulation (B.C. Reg. 110/2013); • Parksville-‐Qualicum Beach Wildlife Management Area Regulation (B.C. Reg. 107/2013); • Quatse Estuary Wildlife Management Area Regulation (B.C. Reg. 168/2013); • South Okanagan Wildlife Management Area Regulation (B.C. Reg. 169/2013); • Tofino Mudflats Wildlife Management Area Regulation (B.C. Reg. 133/97); • Wildlife Management Area (Pemberton Wetlands) Regulation (B.C. Reg. 225/2011); • Wildlife Management Area (Stellako River) Regulation (B.C. Reg. 226/2011); • Wildlife Management Areas Regulation (B.C. Reg. 161/87); • Wildlife Management Areas Regulation No. 2 (B.C. Reg. 319/88); • Wildlife Management Areas Regulation No. 4 (B.C. Reg. 184/91); • Wildlife Management Areas Regulation No. 7 (B.C. Reg. 507/94); • Wildlife Management Areas Regulation No. 8 (B.C. Reg. 270/95); • Wildlife Management Areas Regulation No. 9 (B.C. Reg. 131/96); • Wildlife Management Areas Regulation No. 10 (B.C. Reg. 171/2000); • Wildlife Management Areas Regulation No. 11 (B.C. Reg. 118/98); • Wildlife Management Areas Regulation No. 12 (B.C. Reg. 119/98); • Wildlife Management Areas Regulation No. 13 (B.C. Reg. 338/98); • Wildlife Management Areas Regulation No. 14 (B.C. Reg. 63/2001); • Wildlife Management Areas Regulation No. 15 (B.C. Reg. 115/2001); • Wildlife Management Areas Regulation No. 16 (B.C. Reg. 116/2001); • Wildlife Management Areas (Roberts Bank) Regulation (B.C. Reg. 155/2011); • Wildlife Management Areas (Serpentine and Bert Brink) Regulation (B.C. Reg. 158/2009);

and • Wildlife Management Areas (Squamish Estuary) Regulation (B.C. Reg. 47/2007) (all effective January 21, 2015, B.C. Reg. 12/2015).

The Motor Vehicle Prohibition Regulation (B.C. Reg. 196/99) is amended, including regarding specified management areas (effective February 16, 2015, B.C. Reg. 24/2015).

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The Public Access Prohibition Regulation (B.C. Reg. 187/2003) is amended including: • no camping, campfires or dogs in designated conservation areas; • dogs must be on leash In designated conservation areas (effective February 16, 2015, B.C. Reg. 24/2015).

The Wildlife Management Area Use and Access Regulation is created including:

• no camping or campfires in designated wildlife management areas; • no dogs in designated wildlife management areas in March or April; and • dogs must be on leash in designated wildlife management areas (all effective February 16, 2015, B.C. Reg. 24/2015).

Workers Compensation Act, amends the Occupational Health and Safety Regulation (B.C. Reg. 296/97) including regarding:

• the Workplace Hazardous Materials Information System (“WHMIS”) requirements to harmonize with Canada’s implementation of the Globally Harmonized System of Classification and Labelling of Chemicals;

• Part 1 – Definitions; • Part 4 – General Conditions; • Part 5 – Chemical Agents and Biological Agents; • Part 6 – Substance Specific Requirements; • Part 9 – Confined Spaces; • Part 12 – Tools, Machinery and Equipment; and • Part 24 – Diving, Fishing and Other Marine Operations (all effective on the date on

which sections 5 and 6 of the Workers Compensation Amendment Act, 2015 (Bill 9) come into force by future regulation).

Note: Sections 5 and 6 of Bill 9 are consequential to amendments made to the Hazardous Products Act (Canada)(see Bill 9 @ http://leg.bc.ca/40th4th/1st_read/gov09-‐1.htm). Sections 5 and 6 of Bill 19 come into force by future regulation. END

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