BarTalk | July/August 1993 by The Canadian Bar Association, BC Branch

President's M essage

Knowing the concerns - meeting the challenge The B.C. Branch of the Canadian Bar Association faces unique CANADIAN BAR challenges to adequately serve ASSOCIATION, the needs and properly repreB.C . BRANCH sent the interest of over 7,500 members drawn from the ranks of lawyers, law students and JULY/AUG. judges, especially in the rapidly 1993 changing environment of the mid 1990s and into the twentyfirst century. Although potentially daunting, the task is manageable and we can achieve our goals if they are properly recognized, responsive to the needs of our membership, and placed in priority. NEWSLETIER

OF THE

Committed to this proposition, thirteen participants, including Branch Executive Committee members from last year and this year, a past Branch presiVOLUME 5/j dent, two senior staff members NUMBER,.s' [,; r ' "'--'

New publication .................. 2 SectionTalk ......................... 3 :;;;;;:;;;..;.;;~''''''''''''' 1

Spelling Bee buzz ............... 5 Literacy tips ........................ 6 Small claims rules .............. 8 AmEx Travel endorsed ...... 9 Legislative Update ... 10 to 16 Your 1992/93 CBA (B.C. Branch) AnnuaiReport is included with this mailing of BarTalk

from our Branch office and our Legislative and Law Reform Officer gathered for a two day facili tated planning session in late June. Happily, but after much dis.::ussion, we were able to reaffirm the mission of the B.C. Branch, identified at the first extended formal planning session held in February of 1991, namely to "Provide a means for

/a;;_-yers to work together to identify and promote the interest of the

legal profession and to advance the administration of justice." Preparing for the Planning Session was in itself instructive. We learned that the B.C. Branch has grown from membership in 1988 of approximately 6,000 members, with 37 Sections and a budget of $800,000 to a projected membership this year of 7,600 with 54 active Sections and a budget of $2,000,000. Our myriad of background papers assembled for the session confirmed for the participants tha t we were not simply imagining that in the last few years there has been a significantly greater number of people entering into the profession, a drama tic change in the demographics of the Bar, ever growing demands being placed on an increasingly complex legal systems and its stewards, and harsh realities in the practice of lav,路 everywhere, whether it be in Vanderhoof or Vancouver. These are among some of the issues that all of our members face in one form or another on a dailv basis and which a credible professional organization must address. Preceding the Planning Session,

f. Parker MacCarthy President 1993/94 we prepared a survey that was sent to Section Chairs and the elected members who serve on our Provincial Coundl, the highest policy making body of our organization. The responses provided by the elected leaders of the Bar were extremely interesting and will be of tremendous use to the Executive Committee in our ongoing planning process. In response to the open-ended question, "What do you believe are the most important issues fadng the legal profession in the next five years?", the top ten responses from the respondents can be categorized under the following headings and in the following order: 1) image- public relations 2) economic pressures (cost of practice) 3) growth of the profession (number of lawyers) 4) quality of life (stress, bumout etc.) Please tum to page 2

President's Message (continued from page 1) 5)

competency, service, education 6) encroachment on lawyers' practice (notaries, paralegals, etc.) 7) gender issues 8) changing nature of practice 9) relationship with government 10) ethical issues The five most important activities of the Branch were ranked as follows by the survey respondents: 1) enhancing the profession's image 2) Section activities 3) monitoring and reporting on activities affecting the profession 4) lobbying 5) taking positions on legal issues of public interest. Much less importance was placed on some of the traditional activities such as conventions. As a result of the Planning Session, we were able to identify and establish priorities for these long term goals and were able to identifv some immediate issues that 'must be addressed by the Branch. To meet the demands of the long term goals and to properly address the is-

Criminal Code publication now available To celebrate the 100th anniversary of the Criminal Code in Canada, the CBA is offering a unique volume on Canadian criminal law. The Erolution and

Future Perspectives of Canadian Criminal lAw is edited by the

sues our members will face in the next five years, the B.C. Branch must refocus some of its activities and its resources, including its considerable wealth of volunteer talent and expertise. The activities of our Sections, special committees and our legislative and law reform initiatives must be undertaken in a coordinated fashion. Each activity and project undertaken by the Branch in the next few years must be assessed in light of what have been identified as the problems we face and measured against our mission statement. A newly established Planning and Priorities Committee will ensure that our priorities are constantly being assessed. We will be dealing with the broad issues of governance of our Branch and ensuring participation of volunteers is as widely based as possible. We will also be dealing with more specific problems such as those presented by notaries and unsupervised paralegals, working to establish a means to effectively take our members' message to government, efficiently dealing with legislation and law reform initiatives both from our Branch

part of an evolutionary process and examines important issues for the future. The nine essays are introduced with a forward by Chief Justice Antonio Lamer and cover the following areas: • The Need for a New Crimi-

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Honourable Mr. Justice Josiah Wood and Richard C.C. Peck, Q.C.

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This 382-page hardcover collection of stimulating essays presents today's criminal law as

•

nal Code; La faillite du pouvoir IegisIatif; Common Ia w inroads in the Criminal Code; History of the offense of rape; The mental element in murder; Reflections on the law of

and from government and helping our members to help themselves in enhancing the profession's image, in an efficient and cost-effective way. If you think these are issues and activities that your association should be involved in, let us know and provide us with your ideas. If you disagree, provide your suggestions to me or to any of the other members of this years' Executive Committee. This is an open invitation to participate in shaping the way the Branch serves you.

As a final word, I would like to extend thanks to our Past President, Rob Gourlav on behalf of all of our members, for the tremendous amount of time and effort he has contributed to the Branch and the leadership he has provided to our professiof.' over the past year. Special thanks must also be extended to Rob's wife, Kathleen Keating who is alSD a CBA member, for her significant contribution and assistance to the Branch. Clearly, we have had two very committed vo lunteers and we are grateful. C

J. Parker MacCarthy B.C. Branch President, 1993/94

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homicide; The relationship of crime and fault; Rehabilitating the Criminal Code; and First Nations and the Crim-

inal Code. This collection provides thought-provoking reading todav. Tomorrow, it will become a ~alued commemoration of the 100th anniversary of the Crimii nal Code. Copies are $69.95 , (shipping, handling and taxes · extra) and can be ordered directlv from the l\iational CBA offic~ (613) 237-2925. C

are seized there is not yet any proof that they are the proceeds of crime. This, in effect, creates a presumption of innocence in name only.

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Shelley Bentley

Proceeds of Crime legislation called dangerous and futile Clayton Ruby addressed the Civil Liberties subsection on Proceeds of crime Legisla tio n. He argued that the Proceeds of Crime lecislation represents an attempt to create a "user-pay" system to finance the criminal justice system. According to Mr. Ruby the breakdown in the publi c financing of the criminal justice system is symptomatic of the "greed" of the 1980s, and has resulted in a need for private financing of the system. The outcome of the push for pri va tiza tion though, is that the government receives benefits while the individ ual who is accused has his or her rights eroded. The first example of this erosion of rights is in the right to counsel. Requiring a person who has had his or her assets seized to apply to have funds released for purposes of paying legal fees interferes with the right to retain counsel of choice. Mr. Rubv noted that ac~used persons an~ to be presumed Innocent, and he suggested that it i~ inconsistent with this presumption that persons should be deprived of funds which are required to defend themselves a.gainst criminal charges. Additwnall v, at the time that assets

A second problem arises as a resu_lt of judicial decisions that pernut cross examination of an accused who has provided an affidavit in support of an application for the release of funds for legal fees. There are three problems with this: 1) the cross examination might result in the discovery of derivative evidence relevant to the substantive offence; 2) it might result in the discoverv of evidence relevant to credibility of the accused; and 3) it might be a cross examination which is further pursued during the course of the trial . The legal fees provision in the Proceeds of Crime legislation raises the issue of whether the section was designed to alleviate hardship arising from the seizure of funds, or to prevent funds from being dissipated beyond the reach of the state. The test that the statute refers to is "reasonableness of fees," not whether the accused has no other funds available to him or her with which to pay legal fees. By using this former test the courts are, in effect, creating an impecunious accused. Mr. Ruby questioned whether the interpretation of the statute that is being used is either constitutional or correct statutory interpretation. Mr. Ruby next addressed the subject of whether a lawyer whoreceives fees might fall within the definition of money laundering. The requirement to deal "in any manner or any means" with the intent to conceal or convert funds could also capture a lawyer who puts money that is received from a client in a trust account. With respect to the issue of a cash retainer, lawyers must consider a broad range of circumstances.

Cash retainers in themSelves do not create a problem by the legal test of willful blindness. However,a problem will be created when a client presents a large cash retainer, when the history of the client shows that he or she has no job and no assets Mr. Ruby suggested that an instruction to plead guilty might also be of significance to the issue of willful blindness because such an instruction can result in the inference that the money is the proceeds of crime.

Mr. Ruby concluded by describing the legislation as "dangerous and futile." It is dangerous because of the way it interferes with the constitutional rights of an accused, and it is futile because the number of wealthy drug dealers in Canada is relatively small. The cost of seizing and managing assets is large and it is a task that the government is not able to do effectively or efficiently.

More Details on the ALTOS 2 Project In a recent Vancouver Real Property subsection meeting Catherine Greenall announced more details of the most recent changes in the Land Title Offices and provided a report on the ALTOS 2 Project for re-engineering LTO operating systems. Land Title Office procedures were originally designed to accommodate a paper system of title registration, but this system has been under considerable stress in recent years. Faced with dramatic increases in business volumes in the 1970s and 1980s, the Land Title Branch has struggled to maintain quality using traditional "indus trial I manufacturing methods." Maintaining quality standards and high volumes using these methods has been a growing problem for the Branch. Between 1982 and 1993 the Branch

Section Talk (continued) reduced its employee complement by almost 40% while volumes increased by 80%. The ALTOS 1 computer system, installed in 1983, is reaching the end of its useful life. A new for old replacement of existing technology would not satisfy the increasing demands on Branch resources. The Land Title Branch recognized that there was no "quick fix" to these problems. As the branch increased its focus on processing the daily intake it had less time to devote to practice issues, uniformity, and customer service. The Branch had evolved into a highly controlled and inflexible organization focussed on delivering a "set product" in ways that were unresponsive to individual customer' s needs. It became apparent that a complete re-€ngineering of the branch's systems architecture was required. Traditional solutions such as more staff and bigger budgets were no longer appropriate. The Branch in vestigated new technologies and found that computerized image processing, optical character recognition, and relational data base architectures had the greatest strategic value. Fo.r example, image processing provides three major benefits. First, new techniques of image transfer promise to streamline the processing function of land title offices because images, unlike paper, can circulate through the registration process more quickly and cannot be lost in the process. The branch would also be able to assign work to an individual staff member anywhere in the Province regardless of where the registration request originates. This means that work in busy land title offices can be diverted electronically to offices that have an excess capacity. Second, the availabilityofimageddocuments will make the inquiry function of LTOs more cost effective for con-

veyancers by allowing them to read and obtain a copy of a document through BC On-Line. Finally, image processing technology will enhance the security of original land title records. Similarly, optical character recognition will support the processing and revenue management processes in LTOs. By blending optical scanning with image processing, traditional data entry, proofreading and comparison tasks are streamlined. In order to allow this to occur a set of new "relational" data base architecture (AL TOS2) will replace the "hierarchical" data base architecture of the current svstem (ALTOS 1). In making these changes the Land Title Branch hopes to be better positioned to focus on individual title registration issues and a more personalized customer service. This new vision of the Land Title Branch is premised on the notion that new technologies are capable of supporting a "full service land title office" at the conveyancer's desktop anywhere in the province. Based on this premise the core elements in the Branch's plans were described as follows: II Full title search and document retrieval services from any PC equipped customer.

a Up to 10 new Application centres. • Guaranteed registration within 24 hours of application. • Increased personal service through more direct communication between LTO staff and conveyancers on title registration issues. • No customer involvement with expensive technology. • No forced change in legal practice or established methods of doing business. • No change in Torrens System.

So far the initial design phase of the ALTOS 2 project has been completed and the Branch has recently implemented a second phase concerned with the design and implementation of the image processing system that will replace microfilm in land title offices. All active microfilm documents from 1982 onwards have now been converted to a digital format so that copies can be requested via BC On-Line. If you are aBC On-Line user you can now order documents off the BC On-Line screen and they will be printed at the Land Title Office. There are three levels of service, next day (24 hours), same day (3 hours), and priority (within 15 minutes) . You will have to specify who is picking up the documents (whether it will be a Land Title agent or courier). The BC On-Line screen will advise you of the total costs of the order and will debit your deposit account. Furthermore, you must pick the documents up from the originating Land Title Office, though after January 1994 you can specify which Land Title Office the documents will be sent to . To complement these new services the Land Title Branch is working through a third phase of the ALTOS 2 project, with completion scheduled for April, 1994. This phase calls for the integration of all of the core elements of the plan into a single operating system. A fourth phase of the ALTOS 2 project is scheduled for implementation by June 1994. This phase will provide for the installation of the final components of the system software necessary to support land title operations and up to 10 additional application centres. This phase will also introduce a new prf submission service together wih. a management information system that will enable conveyanc-

(Please turn to page 16)

Members making a difference: Spelling Bee buzz ... On August 26 at Vancouver's Plaza of Nations, 25 three-member teams took part in the Literacy B.C. Biz Bee fund-raising spelling bee. Outlasting the Vancouver Canuck's team The Spellcheckers, but dropped in the bottom of the third round were the CBA's team, the BarBees. The team, members of the B.C. Branch Communications Committee, included Celia Courchene, Sue Fraser and Cheryl Stephens. The CBA BarBees successfully spelled "spasticity," and "schismatic" but dropped the ball on "pretention."

The Swinton Spellers held their own until later in the game through the efforts of Donald J. Sorochan, ~fartin ("Bea ver") MacLachlan and Linda Yardley. Farris Vaughan Wills & Yfurphy put the Legal Bees on the field with authority to buy their way out of the toughest words which thev did- to hold out as the last'legal team on the field . Literacy B.C. profited from the tactics adopted by Nicole Gregoire, Don Richards and Chris Boulton. Still none of the lawvers were a match for .\fensa va'nc ouver's Spellbound which was t..~e third

runner-up. The Georgia Straights came in second and the Vancouver Sun Headliners made it to the top. Mayor Cordon Campbell faced off with the winners at the awards ceremony. The Biz Bee was held in conjunction with the Peter Gzowski Invitational Golf Tournament to support Literacy B.C. Gzowski was master of ceremonies and chief pronouncer. Among others participating were Peter C. Newman, judge, and Kathy Sanderson, of the Canadian Federation of Independent Business and John Stubbs, president of SFU. [J

B.C. Law Courts Education Society wins AchievementAward Tne Law Courts Education Socie tv of B.C. has received a prestigious international award for its work in explaining the operation of the province's legal system to non-English speaking people. Tne Justice Achievement Award of the United States National Court Management Association has been awarded for the Societ:ys Comparative Justice Systems Project. It is the first time the award has been won by an organization outside the USA and the Society won it in competition with 38 other entries involving courthouse projects in fields such as computerization and alternative dispute resolution. The Comparative Justice Systems Project involves a study of target groups within cultural communities to discover concerns and misunderstandings about the operation of the courts and law enforcement agencies in B.C. Material describing the justice system has then been directed to each cui-

The Vancou:路.::r Courthouse L0rary celebrated its cent.er.;.;.ry on July 20, 1993 . Occr 150 people a::.cruied an op.:n house ani display of historical photographs ar.J memorabilia . Pidured abo-.;e lre (left to right) Robert E.C. Apps, Chairman of the Board of Oiredo rs of the B.C. Courthouse Library Sc0.ety; Alfred Eddy, forTTl拢1' Executive Director of the CBA, B.C. Bran ch: Jeffrey L. Hayes, B.C. Branch appointee to the B.C. Cou rthouse Li/Jrary Society Board of Oired ors.

tural community in its own language. The project has been guided by &:verly Nann, Executive Director of the Association of Multicultural Societies and Evelyn Neaman, project director. C

Philippines chosen as jurist conference site The World Jurist Assoc ia tion has chosen the Philippines as the site

of the 16th Conference on the Law of the World in October 1993. This six-dav conference which will carrv the theme Law in a Changing World, will be held in Manila's Philippine International Convention Centre on Oct. 24 to 29, 1993. Further information can be obtained directly from: The World Jurist Association, Manila Conference Coordination Office, Suite 202, 1000 Connecticut Ave. N.W., Washington, OC, 20036. Tel: (202) 466-5423. C

Is the form still blank? .. . A business client mav trust others to handle all legal documents and accounting. She may "forget" to bring her reading glasses to your office or not have time to review a document. She may express frustration over the welter of paperwork associated with a conveyance. She may ask to take an annual report home to study before signing. Another client may be at risk of losing his income because he refuses job training, a promotion or reassignment. All these are possible indicators of literacy problems. You can help these clients by II

identifying clients who may have trouble reading; adopting practice techniques that help the client;

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referring clients to agencies dealing with adult literacy.

To help these clients, you need to be observant and aware. And be cautious. Adults with literacy problems can be embarrassed by people who make a big deal of it or who talk about it in front of other people. They mav not have received much support when they revealed their low literacv skills in the past. And they 'may never have revealed it because of the stigma of illiteracv. To hide their inability to re~d and write well, they may put up defences or act angry when they feel embarrassed This information should help you to help your low literacy clients.

How to recognize when a client has a literacy problem Most lawvers wouldn' t want to ask, "Can you read?" It can appear to be insensiti\·e. But there are clues that a client is not able to read the legal documents you want her or him to read and

understand. If you wonder whether a client has reading difficulties, consider whether the client has not completed high school or has difficulty speaking English. Both the Southam literacy survey and the 1989 Statistics Canada census results show that low literacy is not primarily a problem for immigrants, or people whose first language is not English. Most people with low literacy skills were born in Canada or have English as their first language. Low literacy is not mainly a problem for senior citizens, or high school drop outs. Low literacy can be invisible. Low literacy is a problem that knows no age, education, economic boundaries or national origins. Low literacy is a problem for 12% of adults in B.C. who cannot read or must struggle to read simple text. But over one third of all adults can't cope with unfamiliar or complex information. This means 650,000 adults in B.C. cannot:

understand the instructions on a medicine container;

read stories to their children;

read correspondence from their bank, Revenue Canada, or their lawyer.

If you give your client a legal document to read, does the client read slowly and laboriously? Is the client unable to summarize what the document says? Has the client filled in a form with the wrong information or made mistakes in spelling or grammar? The problem may be that the client can't read well enough to und~rstand the questions or can't write well enough to answer.

Clues your clients give you People who have low literacy skills have developed strategies to compensate. Some of the following behaviours may indicate a literacy problem: •

using the excuse, "I forgot my glasses."

saying, "I don't have time to read this now- can I take it home?"

wanting to take forms home to fill out, "when I can think about it"

saying, "I hurt my hand (or arm); I can't fill these out."

bringing along a friend or relative (who will help >vith reading or filling in forms) .

Don't be misled by behaviours that may accompany literacy problems. Sometimes clients will appear to be uninterested in their case or unwilling to participate in finding solutions. They may act like this even though the activity doesn't involve reading. They are fearful and apprehensive that it may lead to reading later. They may: •

not show up for appointments

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show nervousness or embarrassment during interview

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act confused and ask unrelated questions

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not ask questions for clarification

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not answer the question asked

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have difficulty following instructions

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be compliant, nod agreement but not do what is expected.

Maybe your client has difficulty reading

Sometimes people behave in a ways that seem to show a poor attitude while actually indicating a literacy problem.

and explain the purpose of the meeting .

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They may do things like:

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act frustrated and leave in a hurry become angry and storm out act out frustration in physical confrontation.

How to help with the legal problem Talk about the legal problem and repeat yourself. People who can't read pick up compensatory skills. They have well-developed memories and may use mnemonics - memory tools. They may ask you to repeat something because they want to memorize it. You can also help by finding new ways to convey information. II

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Help the client commit important information to memory. Repeat important facts and instructions. Summarize the discussions before the client leaves. Suggest the client call if he needs to refresh his memory on what is to be done. Show the client what is needed. If you must ask the client to get a book, a brochure, a government or stationer's form, show the client a copy before he or she leaves your office. The client will try to remember what it looks like- but why not give the client a photocopy of the front cover or first page of the item. Give the client reminder calls. Have someone phone ahead of time to confirm the appointment

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Call about important matters. In addition to sending a letter, call the client to confirm meetings or inform her of facts. You could ask your assistant or secretary to call "to confirm receipt of the letter" and then orall v review the important information it contains. Tape-record your conversation and give the client the tape. Your client can replay the ta pe to hear the conversation again. This is appropriate when you are explaining the legal issues or directing your client on a course of action. Tape-record your letters to the client and send the tape. If taping your client interviews makes you uncomfortable, you can offer to tape important information and mail it later. In addition to sending a confirming letter, send a taperecording. Remember to use an audio-tape- not a dictaphone tape. Refer the client to Dial-ALaw for more information. Give the client the Dial-aLaw brochure. Dial-a-Law has recorded messages on more than 140 legal topics. Circle the telephone number and the number of the tape the client should hear. Say the numbers aloud when you point them out on the brochure. Use plain language. One in three adults in B.C. can only cope with written information that is simple and clearly laid-out. These adults need language that is familiar and information that is well-organized.

How to help your client with the literacy challenge Although 650,000 adult British Columbians have difficulty reading, less thant two in 100 of those adults is enrolled in a literacy program When counselling a client, if it seems appropriate, you can do more than help your client with a legal problem. You can talk about whether literacy training is needed. By referring your elient to a literacy program, you can help him or her begin to share more fully in family, community and world events. The Adult Literacy Contact Centre offers a free, confidential, province-wide information service. It helps learners find suitable programs in their own communities. Encourage elients to call toll-free to 1-800 663-1293. In Vancouver, the number is 684-0624. Or you can call the Centre yourself to get information to share with your client. For more information on literacy issues, you can call Literacy B.C. at 687-5077. If you have other suggestions

for practice techniques to help clients with literacy problems, let us know. Write to Larry Hnetka, Communications Director at the B.C. Branch, or to Cheryl Stephens at Rapport Communications, Box 48235, Bentall Centre, Vancouver, B.C. V7X 1A 1. If you would like to take part in forming a Branch committee on literacy and plain language, cali Cheryl at 7390443 or Larry at 687-3404. C

Small Claims Rules amendments On Oct. 1, 193, amendments to the Small Oaims Rules will come into force. The amendments are intended to improve efficiency in Small Claims in conjunction with the extra judicial resources being dedicated to the program to reduce delays. These are the first significant amendments since the implementation of the reforms in Februarv 1991, which resulted in simplified processes, plain language forms and booklets, and manda torv settlement conferences . '

An ad hoc Rules Committee, comprised of representatives from Court Services Branch and the. Provincial Court, in consultation with Legal Services Branch and the Office of the Public Trustee, developed amendments to "fine tune" the Rules. The Rules Committee had the benefit of two years experience with the 1991 reforms, as well as program evaluation results. In addition, comments and suggestions included in correspondence from lawyers and others over the past two years were considered. The amendments will not change the character of this successful program. The following list highlights the major changes: • Defendants will be required to list the reasons why the claim is opposed on the reply form, which will allow parties to narrow the issue:; prior to judicial involvement and may promote settlement. • All parties will be required to attend the settlement conference and have the authority to settle the claim, and may be accompanied by counsel. • Motor vehicle accident cases where only liability for property damage is disputed will be excluded from the settlement

conference process, as these cases require a judgment and settlement is not an option. These Small Claims cases will proceed directly to trial and a new Notice of Trial form will be sent to the parties which will include information on how to prepare for trial.

• An application to cancel a dismissal or default order made in the absence of a party or for failing to file a rely will require a supporting affidavit setting out the reaSbns the applicant did not attend or did not respond. Ill A minor's litigation guardian will be required to act by a solicitor only in Small Oaims "personal injury" cases, unless the litigation guardian is the public trustee, and in the former case, the claim may not be settled without the consent of the public trustee. Ill Stronger provisions will allow judges to dismiss cases where there is no reasonable claim or defense. • Judges will have the authority to issue a warrant for the immediate arrest of a person who does not appear in court where the person had also not appeared as required under a previous warrant. •

Judges will have the au-

thority to order a party to pay the other party up to 10% of thl amount claimed or the value of the claim or counterclaim if the party made claim, counterclai rr or reply, and proceeded to a tf. a! with no reasonable chance fc success. II Registrars will now ha ve the authority to conduct payment hearings and make payment orders. In addition, if a creditor asks, registrars will also be able to issue a warrant for the arrest of a person who does not attend a payment hearing. In the interest of plain languag-: and to ensure the Rules remain easy to read, they have be€n renumbered and a new Rules booklet will be issued. In add ; tion, some of the public information booklets and forms wili be revised to reflect the amendments. Only four prescribed forms will be amended: Reply (2); Certificate of Service (4A and 4B); and, Notice of Settlement Conference (6). Court registries will be receiving new documents prior to Oct. 1, 199:: For further information, contac Sandra Sajko, Acting Senior Policy and Program Analyst, Ministry of Attorney General, Court Services Division, Victoria (Tel: 356-151 7 FAX: 3568152). [J

Appointments to Expropriation Compensation Board Attorney General Colin Gabelmann announced the appointment of Robert W.C. Shorthouse as vice-cllair of the Expropriation Compensation Board for a five-year term.

Sharon I. Walls of Victoria and Lesley Eames of Kelowna were appointed as part-time board members, for a term of three years. The Board is chaired b. Jeanne Harvey of Victoria. C

American Express Business Travel endorsed by B.C. Branch to provide travel services The B.C. Branch Member Services Committee reviewed proposals from a number of travel companies to provide travel services to the B.C. Branch as well as to members. American Express Corporate Travel was chosen by the Committee to provide a range of business and personal travel services. American Express Business Travel provides the following benefits for members using their services:

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Complimentary ticket delivery;

$1 50,000 airtlight and com-

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mon carrier accident insurance;

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Worldwide Customer Care and 24 hour emergency service;

For reservations or information, call:

Low corporate hotel and car rental rates; No service fee on American Express traveller's cheques; Discount on inclusive packages with selected preferred tour companies; Assured hotel reservations (when charged to any credit card number);

Survey studies civil case settlement Members of the B.C. Branch Civil Litigation Sections have been sent a survey on Ci vil Case Settlement. The survey is sponsored by the Cayman Islands Law School, an affilliated institution of the Universi ty of Liverpool. It is hoped that the data and report will generate a constructive dialogue between the bench and the bar on this important issue. A similar project, sponsored by the American Bar Association, solicited the opinions of attorneys on this subject. This study will pro-

vide interesting comparison points when the results of the current project are reported. The questionnaire will collect information on how judges can contribute in a positive fashion to the settlement of civil actions. The questionnaire also focuses on how judges can best assist in settlement. It does not seek to dredge up "old war stories" nor provide a forum for "roasting" individual judges. Confidentiality of respondents is assured. The study project coodinator is John Epp, Lecturer in Law at CILS. [J

Dates to note September 10 Annual Meetings of the CBA (B.C. Branch) and Law Society Law Society building 845 Cambie Street

October 16 Local and County Bar President's Meeting Bencher's Boardroom 845 Cambie Street, Vancouver

September 11 Provincial Council Meeting Law Courts Inn, Vancouver

November 25 Bench and Bar Dinner Law Courts Inn, Vancouver

October 1 and 2 Nanaimo County Bar Meeting Byside Inn Resort, Parksville

December 4 Provincial Council Meeting Four Seasons Hotel, Vancouver

Business Traveller Profile to ensure your travel preferences are met.

American Express Business Travel at 687-5847 (members outside the Lower Mainland can call collect.) Complete details of the various programs and services of American Express Business Travel will be distributed to members with the next issue of BarTalk .

BarTalk is published by the British Columbia Branch of the Canadian Bar Association, lOth F1oor - 845 Cambie Street Vancouver, B.C. V6B 5T3 Tel: (604) 687-3404 FAX: 669-9601

Editor: Larry Hnetkil, Communications Director 687-3404 Legislation and Law Reform Officer: Ann McLean (Victoria) 370-2234 SectianTalk Editor: Shelley Bentley, Melville & Yeung 685-

3881 Alistair Eagle PJwtography

is the CBA (B.C. Branch) official photographer. © Copyright the British Columbia Branch of the Canadian Bar Association-1993. (688-8867)

The B.C. Branch of the GlnmiiJm Bar Association represents over 7,500 liJwyers within British Columbia. The B.C. Branch is dedicated to improve and promote access to justice, to reuiew legislation, initiate law reform measures and advance and imprcroe the administration of justice. On behalf of the profession, the B.C. Branch works to improve and promote knowleJige, skills, ethical standards and well-being of members of the legal profession and promotes the interests of its members. C

You will see a reference to the number of the Bill (First Reading Bill Number) when it was introduced into the House. This number may be different from the chapter number of the new Act which is quoted after the title of the Act and which is the proper citation for the Act. The First Reading Bill Number has been given to you to make it easier for you to note up the Bills you may have in your library. Every effort is made to ensure the accuracy of the information provided to you in this article but the information should not be relied upon. Lawyers should refer to the specific legislative or regulatory provision. Ann McLean

ACTS IN FORCE FROM PREVIOUS SESSION Tne following acts were passed in the 1992 session and have been brought into force by regulation. Statute Revision Miscellaneous Amendment Act, 1992, S.B.C. 1992, c. 55, amends the

(a) Agrologists Act, R.S.B.C. 1979, c.12, providing that the form of certificate of membership is to be prescribed by by-law, (b) Fish Inspection Act, R.S.B.C. 1979, c.136, providing that the form of oath sworn or affirmed by an inspector is to be prescribed, (c) Land Survey Act, R.S.B.C. 1979, c.216, deleting examples and explanations relating to surveys and providing that the information be included in regulations, and (d) Land Surveyors Act, R.S.B.C. 1979, c.217, deleting forrns and schedules and providing that the information be included in regulations and by-laws. sections 3 and 4 of tlu Act (Agrologists Act and Fish Inspection Act) in force July 16, 1993; sections 8- 16 of the Act (Lmd Suroey Act and LatuiSuroeyors Act) in force July 2.1993

Financial Institutions Statutes Amendment Act, 1992, S.B.C. 1992, c.59, amends s.219 of the Firumcial Institutions Act, S.B.C. 1989, c.47, providing for two lay voting members of the Insurance Council of British Columbia and increasing the number of voting members from 9 to 11.

Social Service Tax Amendment Act, 1993, S.B.C. 1993, c.69, First Reading Bill Number 7, amends the Social Service Tax Act, R.S.B.C. 1979, c.388, increasing the rate of tax payable from 6% to 7%, except that the rate of tax on passenger vehicles increases on a sliding scale from 7% on a vehicle whose purchase price is less than $30,000 to 10% on a vehicle whose purchase price is $32,000 or more and removing the exemption for trade-ins or purchases of passenger vehicles. Effective June 1, 1993, a 7% tax will be payable on parking and effective October 1, 1993 a 7% tax will be payable on taxable services, generally those services relating to the repair or alteration of tangible personal property. sections l(a) and (c), 2, 3, 6, 7, lOla), 11, 15, 16(e) and If!, 17 and 18 of the Act in force March 31, 1993; sections 1(b), (d) and If!, 4, 8(a), 9(a), 10(b), i~, 14(a) and 16{a) a~ (c) of the Act in force June 1, 1993; sections 1(e), (V and (h), :>, 8(b), 9(b), 10(c), 13, 14(b), 16(b) and(d) of the Act in force October 1, 1993

Railway Amendment Act, 1993, S.B.C. 1993, c.23, First Reading Bill Number 14, amends the Railway Act, R.S.B.C. 1979, c.354, making changes regarding regulation of construction and alteration of railways and associated works, inspection, and accidents and allowing the minister to make a comprehensive code of rules on railway equipment, construction, maintenance, operation, health and safety, increasing the maximum penalty for offences from $300 to $10,000 and introducing directors' and officers' liability for corporate offences in certain cases. in force Septemba 1, 1993

section 35 of the Act in force Augyst 19, 1993

ACTS IN FORCE FROM 1993 SPRING SESSION The following acts, passed in the 1993 spring session, are no-..u in force and are reported in order of bill numba.

Advanced Education, Training and Technology Statutes Amendment Act, 1993, S.B.C. 1993, c.36, First Reading Bill Number 15, amends the Institute of Technology Act, R.S.B.C. 19i9, c.199, the Open Learning Agency Act, S.B.C. 198i, c.62 and the University Act, R.S.B.C. 19i9, c.419, to allow the provincial government to recover from the grant paid to the applicable institution . the amount of any

Legislative Update (continued) benefits not paid to employees due to a labour dispute, less the cost to the institute resulting from such a dispute. The University Act is also amended to repeal the provision which appointed the Lieutenant Governor in Council the Visitor at each university. / in force July 29, 1993

Motor Fuel Tax Amendment Act, 1993, S.B.C. 1993, c.S6, First Reading Bill Number 18, amends the Motor Fuel Tax Act, S.B.C. 1985, c.76, providing for a 1.5 cent per litre tax on gasoline or motive fuel purchased in the Victoria Regional Transit Service Area, increasing the tax from 3 cents to four cents per litre in the Vancouver Regional Transit Service Area, expanding the provisions relating to authorizations to colour fuel, providing for taxation on coloured fuel used for an improper purpose and making consequential amendments to the British Columbia Transit Act. sections 2 ami 10 of the Act in force May 1, 1993; section 2.1 of the Act in .force July 1, 1993; sections 1 ami 3- 9 of the Act in force July 29, 1993

Environment, Lands and Parks Statutes Amendment Act, 1993, S.B.C. 1993, c. 13, First Reading Bill Number 25, amends the Land Act, R.S.B.C. 1979, c.214, establishing a Crown land registry to record most lands administered by the Crown and their acquisition and disposition and expanding the government related bodies to whom a grant of Crown land may be made. section 4- 8 of the Act in force August 19, 1993

~v!iscellaneous

Statutes Amendment Act, 1993, S.B.C. 1993, c.28, First Reading Bill Number 27, amends the (a) Personal Property Security Act, S.B.C. 1989, c.36, clarifying that references in s.3 of the Act are to transfers, consignments and leases which do not secure payment or performance of an obligation,

Energy, Mines and Petroleum Resources Statutes Amendment Act, 1993, S.B.C. 1993, c.12, First Reading Bill Number 28, amends the Utilities Commission Act, S.B.C. 1980, c.60, allowing the commission to order participants in proceedings before it to pay the costs of other participants and giving the commission discretion to pay participants' costs. section 24 of the Act in fora July 23, 1993

Property Taxation Statutes Amendment Act (No. 2), 1993, S.B.C. 1993, c.63, First Reading Bill Number 29, amends the (a) Assessment Act, R.S.B.C. 1979, c.21, providing for retroactive regulations relating to exemptions from liability, and (b) Home Owner Grant Act, S.B.C. 1980, c.18, providing for the reduction of the home owner grant for residences, apartments and land cooperatives by $10 for each $1000 of residential value in excess of 5400,000, and increasing the home owner grant by $25 for seniors and handicapped persons and $20 for others. sections 2 - 7 of the Act (Home Owner Grant Act) in force January 1, 1993; section 1 of the Act (Assessment Act) and section 8 of the Act (Transitional) in force July 29, 199:}

Forest Amendment Act, 1993, S.B.C. 1993, c.16, First Reading Bill Number 30, amends the Forest Act, R.S.B.C. 1979, c.140, inter alia making some changes to disposition of timber, tenure and scaling provisions, providing for authorization of scale sites, expanding the provisions dealing with nonpayment of stumpage or royalty and other amounts owing to the Crown, and expanding the record keeping requirements of s.149 to include those who buy or sell prod ucts manufactured from timber. Act, except sections 1,4, 15, that portion of section 20(a) which enacts s.158(2J(y) and (tlil) of tlu Forest Act and sectiotts 22(1) and (2) in force July 16, 1993; [s.l and 22(1) and (2) of the Act cam<! into forr::e JIUle 18,1993/

(b) Insurance (Motor Vehicle) Act, R.S.B.C. 1979, c.204, changing the deductible for property damage claims for hit and run accidents from $150 to an amount to be set by regulation, and

Local Elections Refonn Act, 1993, S.B.C. 1993, c54, First Reading Bill Number 35, amends the Municipal Act, R.S.B.C. 19i9, c.290, the School Act, S.B.C. 1989, c.61, the Islands Trust Act, S.B.C. 1989, c.68, and the Vancouver Charter, S.B.C. 1953, c.55,

(c) Commercial Transport Act, R.S.B.C. 1979, c.55, exempting vehicles owned or leased and operated by out of Province school districts from the requirement to pay permit fees.

making many changes to the laws governing municipal, school board and regional district elections and making consequential amendments to the Community Resource Board Act, the Cultus lAke Park Act, the Health Act, the Library Act, the Municipalities E71i1bling and Validating Act, the Resort Munidpality of Whistler Act, the University EndiY'.mnent Land Act, and the Vital Statistics Act.

sections 16 and 19 of the Act (Personal Proprrty &curity Act) in force Julv16, 1993; sections 6 and 7 of the Act [Insurana (Motor Veh{de) Act/ in force August 1, 1993; sectiott 1 of tlu Act (Commercial Transport Act) in force August 19, 1993

section 2 of t:he Act in forr::e July 31, 1993; balance of the Act in fora June 15, 1993

Legislative Update (continued) Finance and Corporate Relations Statutes Amendment Act, 1993, S.B.C. 1993, c.14, First Reading Bill Number 36, amends the (a) Real Estate Act, R.S.B .C. 1979, c.356, substituting references to "salesperson" for "salesman", and allowing the Lieutenant Governor in Council to appoint two members to the Real Estate Council, and

Vancouver Stock Exchange Act, S.B.C. 1907, c.62, allowing the Lieutenant Governor in Council to appoint six of the Governors of the Vancouver Stock Exchange, requiring that one such appointee be a member of the Law Society and another a member of the Institute of Chartered Accountants, and requiring that all Public Governors be independent of the Exchange. (b)

sections 7 -10, 18 and 19 of the Act in force July 16, 1993

Teaching Profession Amendment Act, 1993, S.B.C. 1993, c.72, First Reading Bill Number 37, amends the Teaching Profession Act, S.B.C. 1987, c.19, inter alia making changes to the provisions relating to election to the council of the College of Teachers, election of officers and appointment of committees. section 1 of the Ad in force January 1, 1994; balanu of the Act in f orce July 29, 1993

Notaries Amendment Ad, 1993, S.B .C. 1993, c.33, First Reading Bill Number 41, amends the Notaries Act, S.B.C. 1981, c.23, increasing the number of notaries for the notarial district of Quesnel from 2 to 3. section 4 of the Act in force .1ugust 19, 1993

Cabinet Appeals Abolition Act, S.B.C. 1993, c.38, First Reading Bill Number 42, amends the Agricultural Land Commission Act, R.S.B.C. 1979, c.9, replacing the cabinet in many cases with the Agricultural Land Commission as the decision making body in decisions relating to land within or excluded from an agricultural land reserve and providing for a review of a proceeding concerning the use of land to be conducted under the Inquiry Act or, when established, the Environmental Assessment Board, if the cabinet feels such a review would be in the Provincial interest, (a)

(b) Company Act, R.S.B.C. 1979, c.59, replacing appeals from decisions of the Registrar of Companies to the cabinet by appeals to the Commercial Appeals Commission,

(c) Creston Valley Wildlife Act, R.S.B.C. 1979, c.82, making the management authority the final decision maker under the Act, (d) Hospital District Act, RS.B.C. 1979, c.178, eliminating the appeal to cabinet from a refusal of the minister to approve a capital bylaw of the board of a regional hospital, (e) Municipal Act, R.S.B.C. 1979, c.290, providing for an appeal to the minister rather than cabinet of a decision of the inspector under s.332 or 337 of the Act, replacing appeals to cabinet from a decision of the minister under s.388(4) of the Act with appeals to the Supreme Court and Court of Appeal, replacing appeals to cabinet from a decision of the inspector withholding or refusing a certificate under Part 22 of the Act and eliminating appeals to cabinet from a decision of the minister to override land use by-laws, but providing that the minister's decision is subject to the prior approval of cabinet, (f) Mutual Fire Insurance Companies Act, R.S.B.C. 1960, c.262, replacing petitions to the cabinet by members who wish to petition for the appointment of an auditor by petitions to the Supreme Court,

(g) Name Act, R.S.B.C. 1979, c.295, eliminating appeals to the Minister of Health and the cabinet of a refusal of the director to register name changes, but retaining appeals to the Supreme Court and the Court of Appeal, (h) Park Act, R.S.B.C. 1979, c.309, eliminating appeals to the cabinet and the Court of Appeal from orders of directors and officers of the ministry, and (i) Soil Conservation Act, R.S.B.C. 1979, c.391, eliminating appeals to cabinet of decisions of local authorities under s.3 of the Act, eliminating the power of the minister to suspend or cancel permits under s.S of the Act and eliminating appeals to cabinet from decisions of the Agricultural Land Commission on applications regarding suspension and cancellation of permits. sections 1 - 5, 8 - 11, 23 - 28, 30, 32 and 33 in force September 1, 1993

Tobacco Tax Amendment Act, 1993, S.B.C. 1993, c.73, First Reading Bill Number 46, amends the Tobacco Tax Act, R.S.B.C. 1979, c.404, providing for the payment of tax on tobacco received into the Province from outside Canada by post and collection of the tax by a postal agent, creating an offence and penalty for the unlawful possession

Legislative Update (continued) or keeping of tobacco in contravention of the Act or regulations, authorizing a peace officer to search for and seize tobacco which is unlawfully possessed or kept, providing for the detention and forfeiture of tobacco and establishing prohibitions respecting tobacco that does not bear a prescribed mark or stamp and the transportation of tobacco in quantities. in force

J~<ly

29, 1993

Special Accounts Appropriation and Control Amendment Act, 1993, S.B.C. 1993, c.70, First Reading Bill Number 47, amends the Special Accounts Appropriation and Control Act, S.B.C. 1988, c.26, allowing the government to receive forfeited proceeds of crime from other jurisdictions and pay them into the Forfeited Crime Proceeds Fund, identifying the purpose for which the money in the special account is to be used and making consequential amendments to the Attorn!?':! General Act. in fo rce August 19, 1993

Beaver Lodge Trust Lands Renewal Act, S.B.C. 1993, c.37, First Reading Bill Number 52, ratifies and confirms previous dispositions by the Crown of some of the Beaver Lodge lands conveyed to the Crown in trust by the Campbell River Land and Development Company Limited in 1931, provides for the disposition of certain of the developed lands and the acquisition of other lands to be designated as trust lands, to be used for experimental work in reforestation and forest management. in force July 29, 1993

Forest Amendment Act (No.2), 1993, S.B.C. 1993, c.!W, First Reading Bill Number 56, amends the Forest Act, R.S.B.C. 1979, c.140, authorizing the district manager to exempt a person from the silviculture requirements of Part 10.1 in specified circumstances and authorizing regulations relating to silviculture. sections 1 and 2 of the Act in force December 17, 1987; section 6 of the Act in force April 8, 1988; balance of the Act in force July 29, 1993

Municipal Affairs, Recreation and Housing Statutes Amendment Act, 1993, S.B.C. 1993, c.58, First Reading Bill Number 57, amends the Islands Trust Act, S.B.C. 1989, c.68, the Municipal Act, RS.B.C. 1979, c.290, and the Vancouver Charter, S.B.C. 1953, c.SS, providing local governments with authority to establish in their zoning by-laws increased permissible densities in exchange for specified amenities or housing, to designate areas for affordable or special needs housing with the consent of the property owners affected and to enter into agree-

ments to ensure the development and continued availability of affordable and special needs housing. in force July 29, 1993

Municipal Affairs, Recreation and Housing Statutes Amendment Act (No . 2), 1993, S.B.C. 1993, c.59, First Reading Bill Number 58, amends the (a) Assessment Act, R.S.B.C. 1979, c.21, providing for an inoperative or unprofitable plant to be classified as an industrial improvement unless exempted, (b) Assessment Authority Act, R.S.B.C. 1979, c.22, making a housekeeping amendment,

(c) Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c.59, allowing the district to exercise the authority of a regional district as to solid waste and recycling,

(d) Islands Trust Act, S.B.C. 1989, c.68, clarifving that regulations may be used to apply â&#x20AC;˘ provisions of the Municipal Act separately to different trust bodies, (e) Municipal Act, R.S.B.C. 19i9, c. 290, allowing municipal councils to provide benefits to employees and council members and pay expenses, authorizing municipalities to enter into victim assistance agreements to provide services outside their boundaries, allowing regional district boards to provide benefits to employees and directors and pay expenses, authorizing regional districts to enter into agreements to provide services to other governments, and making several changes relating to the development approval process, (0 Municipal Amendment Act, 1992, S.B.C. 1992, c.18, making a housekeeping amendment,

(g) Municipalities Enabling and Validating Act (No.2), S.B.C. 1990, c.61, validating existing victim assistance agreements, (h) Resort MuniciJXllity of Whistler Act, S.B.C. 19i5, c.67, making a housekeeping amendment, (i) Vancouver Charter, S.B.C. 1953, c.SS, allowing council to provide benefits to employees and council members and pay expenses, and makes consequential amendments to the British Columbia Transit Act, the Financial Disclosure Act, the Police Act and the Utilities Commission Act. in forcL

J~<ly29,

1993

Legislative Update (continued) Vancouver Charter Amendment Act, 1993, S.B.C. 1993, c.74, First Reading Bill Number 59, amends the Vancouver Charter, S.B.C. 1953, c.55, permitting the city to contract debt to finance property acquisition without the assent of the electors for a term of ten years or less, allowing the city to refinance debt, allowing council to provide for occupiers as well as owners to be responsible for clearing snow and ice, allowing flexibility in the development of property with heritage significance, and allowing council to make by-laws making the manager of property responsible for conformance with the by-laws in the absence of the owner. in force July 29, 1993

Pension Statutes Amendment Act, 1993, S.B.C. 1993, c.61, First Reading Bill Number 60, amends the Pension (College) Act, R.S.B.C. 1979, c.316, Pension (Municipal) Act, R.S.B.C. 1979, c.31 7, Pension (Public Service ) Act, R.S.B.C. 1993, c.318, and Pension (Teachers) Act, R.S.B.C. 1993, c.3 20, consequential to the requirements of the Pension Benefits Standards Act and the Income Tax Act (Canada), reorganizing the Acts into parts and adding Part 3 "Supplemental Pension Pro visions" to each.

their damages, providing that employees under a collective agreement who are laid off must choose between receiving severance pay or retaining their right to recall, and expanding the requirements for notice of group termination. sections 1, 2 and 4 in force August 19, 1993; sections 7- 12 in force June 28, 1993; sections 3, 5, 6 and 13 (minimum standards) in force January 1, 1994

Public Service Act, S.B.C. 1993, c.66, First Reading Bill Number 66, provides inter alia for the repeal of s.4.1 of the Public Service Act, S.B.C. 1985, c.15, and provides for deputy ministers' pensions. section 4.1 of the Public Seruia Ad repealed and sections 13 11nd 26 of the Ad in force N(JT)ember 5, 1991

Horse Racing Act, S.B.C. 1993, c.51, First Reading Bill Number 72, repeals the Horse Racing Act, R.S.B.C. 1979, c.174, sets out the responsibilities of the British Columbia Racing Commission, provides the Commission with rule making, inspection and enforcement powers, provides for appeals of the Commission's decisions and makes consequential amendments to the Horse Racing

Tax Act.

路 in force August 19, 19!

in force effective Jan!Ulry 1, 1993

Workers Compensation Amendment Act, 1993, S.B.C. 1993, c.34, First Reading Bill N umber 63, amends the Workers Compensation Act, R.S.B.C. 1979, c.437, expanding the coverage under Part 1 of the Act to include all employers and employees except those exempted by board order, reinstating monthly survivors' payments for those who remarry, retroactive to April 17, 1985, and repealing the provisions creating the silicosis fund. s ections l(a), 4, 5 and 7- 11 in fo rce August 19, 1993; sections lib) and (c), 2, 3, 6, 12 and 13 (expansio n of car:erage) in force January 1, 1994

Employment Standards Amendment Act, 1993, S.B.C. 1993, c.42, First Reading Bill Number 65, amends the Employment Standards Act, S.B.C. 1980, c.10, adding definitions of "group termination", "individual termination" and "Labour Relations Board", replacing some references to the Industrial Relations Act with references to the Labour Relations Code, creating a lien for unpaid wages set out in a Labour Relations Board order, providing that a contract to waive the requirements of the Act is void except in certain circumstances, that the provisions of the Act establish a minimum standard which may be enhanced by a collective agreement and that the dispute resolution provisions of a collective agreement will be used to resolve disputes arising under the Act and regulations, providing that severance pay must be paid in full whether or not the employee has mitigated

Land Title Amendment Act, 1993, S.B.C. 1993, c.52, First Reading Bill Number 73, amends the Land Title Act, R.S.B.C. 1979, c.219, re-enacting Part 8 "Cancellation of Plans" and makes consequential amendments to the Land Act and the Mu-

nicipal Act. in force July 9, 1993

Public Sedor Employers Act, S.B.C. 1993, c.65, First Reading Bill Number 78, inter alia amends the School Act to allow a teachers' union to be certified as the bargaining agent for more than one school district and to allow a union to enter into an agreement with more than one board. sections 16- 19 of the Act in force July 29, 1993

Miscellaneous Statutes Amendment Ad (No.2), 1993, S.B.C. 1993, c.SS, First Reading Bill Number 80, inter alia repeals the Info:ztion Control Act, R.S.B.C. 1979, c.197 and amends the (a) Bonding Act, S.B.C. 1993, c.8, clarifying that the Act applies to bonds required or permitted under an Act or a regulation, (b) Criminal Injury Compensation Act, R.S.B.C. 1979, c.83, changing the date for annual reports by the Workers' Compensation Board

(c) Family Relations Act, R.S.B.C. 1979, c.121, 路 as to s.16, setting out the procedure for appealing to the Supreme Court from an order of the Provincial Court rather than referring

Legislative Update (continued) to the provisions of the Offence Act,

and issue penalty orders.

(d) Health Emergency Act, R.S.B.C. 1979, c.162, providing that the Emergency Health Services Commission and the Emergency Medical Assistants Licensing Board are not liable for actions taken in good faith , but maintaining the vicarious liability of the government,

section 14 of the Act (Interpretation Act) in force June 30, 1992; section 23 of the Act (Provincial Court Act) in force January 1, 1993; sections 2, 3, 6, 11 - 13, 15, 16, 21, 22, 24- 28, 32, 33 of the Act in force July 29, 1993; sections 17- 2D of the Act (Lottery Corporation Act) in force August 3, 1993; sections 7, 8 of the Act (Family Relations Act) and sections 29-31 of the Act (Workplace Act) in force August 19, 1993

(e) Hotel Room Tax Act, R.S.B.C. 1979, c.183, Motor Fuel Tax Act, S.B.C. 1983, c.76, Social Service Tax Act, R.S.B.C. 1979, c.388, and Tobacco Tax Act, R.S.B.C. 1979, c.404, providing

BILLS WHICH DID NOT PROCEED

that a regulation may specify different remittance requirements for different classes of collectors, (f)

Interpretation Act, R.S.B.C. 1979, c.206,

The following bills were introduced in the 1993 spring session, but did not proceed to third reading Bill 6- Property Taxation Statutes Amendment, 1993 Bill 10- Commercial Tenancy Act

adding a definition of "trust company'',

Bill 32 - Environmental Assessment Act

(g) Limitation Act, R.S.B.C. 19/9, c.236, providing that where a cause of action is based on misconduct of a sexual nature occurring while a person was a minor, the limitation period will not be limited by the law of a jurisdiction other than British Columbia or the fact that the cause of action arose before July 1, 1975,

Bill 54- Constitution Amendment Act

(h) Lottery Corporation Act, S.B.C. 1985, c.SO, providing that the net profits of the corporation must be paid into the consolidated revenue fund and prohibiting the resale of lottery tickets to a person outside of British Columbia, (i) Miscellaneous Statutes Arr:en.iment Act (No. 2), 1991, S.B.C. 1991, c.14, making a house-

keeping amendment,

(j) Provincial Court Act, R.S.B.C. 1979, c.341, as to s.11 to 11.2, providing for pensions for Provincial Court judges, (k) School Act, S.B.C. 1989, c.61 , making a housekeeping amendment, (1) Sheriff Act, R.S.B.C. 1979, c.386, providing that court bailiffs have the rights provided to a sheriff by an enactment relating to specified matters, not including the right to execute court orders to arrest persons,

(m) Taxation (Rural Area) Act, R.S.B.C. 1979, c.400, validating notices given under s.38(6) (c) and (e) of the Act except those which a court had alreadv determined did not comply, and ' (n) Workplace Act, S.B.C. 1985, c.34, allowing the Workers Compensation Board to make regulations, levy penalties, close operations

Bill 68 -Health Council Act

Bill 70- Heritage Conservation Statutes Amendment Act, 1993

REGULATIONS TO NOTE Employment Standards Act, B.C. Reg. 37/81, the Employment Standards Act Regulation is amended to provide that Part 5 of the Act, dealing with termination of employment, does not apply to workers in seasonal industries, workers who were told on being hired that they might be laid off and called back to work or to workers who are terminated or laid off as a result of normal seasonal reduction, suspension or closure of an operation. B.C. Reg. 251193 effective July 23, 1993

Insurance (Motor Vehicle) Act, B.C. Reg. 447/83, the Revised Regulation (1984) under the Insurance (Motor Vehicle) Act is amended setting the deductible for hit and run claims at $350. B.C. Reg. 254/93 effective August 1, 1993

Court Rules Act, Small Claims Act, B.C. Reg. 261 /93, the Small Claims Rules are made, superseding B.C. Reg. 478/90, and inter alia (a) as to Rule 2, requiring that service by registered mail be by double registered mail, (b) as to Rule 5, requiring a judge's order permitting a third party claim if a settlement conference has been held, and requiring another settlement conference if the third party files a reply, unless a judge otherwise orders,

Legislative Update (continued) (c) as to Rule 7, providing that a settlement conference is not held if the case is a motor vehicle accident and only liability for property damage is disputed and allowing an application to postpone a settlement conference, (d) as to Rule 10, requiring that repair estimates and property value estimates be served on all other parties at least 14 days before trial unless a judge otherwise orders and providing that a judge's written decision is effective on the date it is filed at the registry, (e) as to Rule 11, allowing the registrar to make some orders \\'ithout a hearing, (f) as to rule 17, allm\'ing a judge to cancel a dismissal order or default order in certain cases, and (g) as to Rule 18, providing rules for service

in special cases and requiring a party to provide an address for service on the claim or reply and making consequential changes to the Forms. effective October 1, 1993

Workers Compensation Act, B.C. Reg. 585/77, the Industrial Health and Safety Regulation is amended, as to Appendices A and B, which list permissible concentrations for airborne contaminants and by adding regulations as to protection of workers from workplace violence. B.C. Regs 266193 and 267193 effective NIJT}ember 1, 1993

Note: By B.C. Regs. 230/93, 231/93, 236/93, 240/ 93, 241/93, and 243/93, registry fees under the

Company Act, Cooperative Association Act, Manufactured Home Act, Partnership Act, Personal Prapf?rt1j Security Act, and Society Act \\ill be increased effective September 1, 1993

REPORTS AVAILABLE The Legislation and Law Reform Committee has received a copy of the follomng reports from the B.C. government. Information may be obtained from the noted source or from Ann McLean, B.C. Branch Legislation and Law Reform Officer, in Victoria (370-2234).

Report

The Report of the Commission of Inquiry into the Public Service and Public Sector volume 1

Source Coffimission office-Vancouver (660-0571) Cro'Nn Publications- Victoria (386-4636)

"J\,faking Changes -Next Steps" -a white paper on legislati:路e changes to family and chi!J seruices

Ministry of Social Services, Child Protection Legislation Review (1-800-663-1251)

Stewardship of the Water of British Columbia

Ministry of Environment, Lands and Parks, Water Management Division (1-800-665-1001)

B.C. Energy Council- Discussion Paper on the Energy Plan

B.C. Energy Council (1 -800563-2707)

Pre-judgment interest abolished Amendments to the Court Order Interest Act have abolished prejudgment interest on non-pecuniary damages for personal injury and death. As welL prejudg-

ment interest on income loss arising from personal injury or death will be payable on the amount of loss remaining unpaid after taking into account every payment made in respect of the income loss, for example, UIC benefits, WCB benefits, accident and sick-

ness insurance, Part VII 1TD or benefits from another sourcP Chuck Howden, Manager . Claims-Litigation Support fot ICBC said that the new provisions will apply to all open injury claims, including those cases that had been heard at trial but had a reserved decision as at June 30. Howden further said that ICBC will honour any settlement agreement upon which interest was included prior to the enactment of the legislation. Amendments were also made to the Insurance (Motor Vehicle) Act, providing that the deductible for hit and run accidents \\ill be set by regulation. By B.C. Reg. 254/ 93, the Revised Regulation (1984) under the Insurance (Motor Vehicle) Act is amended effective August 1, 1993, so that the deductible is now $350. C

Section Talk (cont'd trom~4J ers to track and monitor the .. applications through the complete registration process. [J