REGULATIONS TO NOTE May 25, 2016 up to and including July 19, 2016 Agricultural Land Commission Act, amends the Agricultural Land Reserve Use, Subdivision and Procedure Regulation (B.C. Reg. 171/2002) to: Require land owners to apply to the Commission to plant trees on their properties greater than 20 hectares, if those trees are not for a farm use as specified; Add provisions to Part 6 (Government Applications and Commission Proposals for Inclusion in or Exclusion from Reserve) regarding the Commission excluding land from an agricultural land reserve (all effective July 11, 2016, B.C. Reg. 176/2016). Building Act, creates the Building Act Administrative Regulation (effective June 10, 2016, B.C. Reg. 133/2016). This Regulation prescribes how to serve notices and when notices are received. The Building Act General Regulation is created (effective June 8, 2016, B.C. Reg. 131/2016). This Regulation: Prescribes what matters are identified as unrestricted matters; Prescribes the calculated amount under the Act at $52.50; Sets the hourly rates for specified government employees; Stipulates what information must be used in the estimation of recoverable costs; Fix the number of days at 45, for when the Minister must, if the recoverable costs exceed a specified amount, serve on a party a written reconciliation of costs on a party; and Stipulate what information must be used in the calculation of recoverable costs. Carbon Tax Act, amends the Carbon Tax Regulation (B.C. Reg. 125/2008) including to: Add new definitions of "annual period" and "calendar quarter"; Amend the provision regarding returns filed by collectors; Repeal and replace the provision regarding deputy collectors and retail dealers; CBABC, 2016
Repeal and replace the provision regarding retail dealers of natural gas; Add a new provision regarding amounts collected as if tax; Add a new provision regarding fuel sold to retail dealers by persons other than collectors or deputy collectors; Add a new provision regarding amounts received as security or as if security; Repeal and replace provisions regarding: o amounts received as security or as if security; o fuel purchased, transferred, brought or sent into British Columbia by registered air services and registered marine services; o fuel imported by ship; o fuel used for new purpose; Fuel transferred, brought or sent into British Columbia; o fuel used within British Columbia; o combustibles burned within British Columbia; and o returns (effective August 1, 2016, B.C. Reg. 180/2016). Community Care and Assisted Living Act, amends the Child Care Licensing Regulation (B.C. Reg. 332/2007) including to: Add a new definition of "day of school closure"; Repeal and replace the provision regarding certain programs exempted from the Act, summer and day camp, except a summer camp or day camp is not exempt if it is operated in a single family dwelling; Repeal and replace the provision regarding use of terms prohibited if the regulation does not apply; Repeal and replace part of the provision regarding play area, materials and equipment; Permit a licensee to employ a person as a volunteer who does not provide care to children or supervise children if specified conditions are met; Add a provision that a licensee must ensure that the community care facility policies and procedures are implemented by employees; Repeal and replace the definition of "emergency restraint" (effective July 19, 2016, B.C. Reg. 178/2016). Page 2
The Community Care and Assisted Living Regulation (B.C. Reg. 217/2004) is amended to repeal and replace the list of prescribed provinces and territories regarding powers of medical health officers (effective July 19, 2016, B.C. Reg. 178/2016). The Residential Care Regulation (B.C. Reg. 96/2009) is amended including to: Add to types of care, being Child and Youth Residential Program; Repeal and replace the provision regarding school residences exempted; Repeal and replace the provision regarding notice of change of operation; Add a new provision Helpline for Children; Permit a licensee to employ a person as a volunteer who does not provide care to children or supervise children if specified conditions are met; Amend the provision regarding staffing coverage; Amend the provision regarding use of restraints; Add Helpline for Children and Child and Youth Residential Program records as those records required to be retained; Repeal and replace the definition of "emergency restraint" (effective July 19, 2016, B.C. Reg. 178/2016). The Child Care Licensing Regulation (B.C. Reg. 332/2007) is amended to: Add references to activated e- cigarette, e- cigarette and tobacco: Add definitions of "activated e- cigarette", e- cigarette and tobacco, all of which have the same meaning as in the Tobacco and Vapour Products Control Act (effective September 1, 2016, B.C. Reg. 178/2016). The Residential Care Regulation (B.C. Reg. 96/2009) repeals and replaces the provision regarding smoking and use of vapour products (effective September 1, 2016, B.C. Reg. 178/2016). Page 3
Constitution Act, rescinds the Order in Council 969/2000 regarding delegation of authority and approves the delegation of the Minister of Transportation and Infrastructure s powers to specified persons occupying positions in the Ministry of Transportation and Infrastructure under section 146(2) and (4) of the Motor Vehicle Act (effective June 1, 2016, Order in Council 341/2016). Note: Sections 146(2) and (4) of the Motor Vehicle Act give the minister powers to set speed limits using signs. Continuing Care Act, amends the Continuing Care Fees Regulation (B.C. Reg. 330/97) to increase the monthly charge for residential care services from $2,932.00 to $3,198.50 (effective June 10, 2016, B.C. Reg. 134/2016). Coroners Act, amends the Coroners Regulation (B.C. Reg. 298/2007) to change the remuneration for coroners from $25 per hour to a rate of 70% of the maximum hourly rate for a public service employee, as defined in the Public Service Act (effective June 10, 2016, B.C. Reg. 135/2016). Court Rules Act, amends the Supreme Court Civil Rules (B.C. Reg. 168/2009) in section 1(a) of B.C. Reg. 3/2016, as it enacts subrule (3.5) of Rule 12-2 (Trial Management Conference) (effective June 30, 2016, B.C. Reg. 162/2016). This Regulation repeals that subrule (3.5) and substitutes, regarding application materials, that, in addition to the materials required under Rule 8-3 (1) (Application by consent), an application referred to in subrule (3.4) of this rule must include a copy of each filed trial brief. Employment and Assistance Act, amends the Employment and Assistance Regulation (B.C. Reg. 263/2002) regarding the bus pass supplement by adding to the definition of annual pass to also mean a bus pass established in a transportation service region, as defined in the South Coast British Columbia Transportation Authority Act (effective September 1, 2016, B.C. Reg. 175/2016). Employment and Assistance for Persons with Disabilities Act, amends the Employment and Assistance for Persons with Disabilities Regulation (B.C. Reg. 265/2002) by adding a new Part 1.1 (Persons With Disabilities) which prescribes alternative grounds for designating persons with disabilities (effective September 1, 2016 (B.C. Reg. 165/2016). The Employment and Assistance for Persons with Disabilities Regulation (B.C. Reg. 265/2002) is further amended to: Add a new provision permitting the Minister to re- establish eligibility for disability assistance and permit voluntary monthly reports to be submitted; Page 4
Add a new transportation support allowance of $52 for persons who have the Persons with Disabilities (PWD) designation, either as money or as a bus pass as chosen by persons with PWD; and Eliminate the $45 BC Bus Pass annual administration fee for persons with PWD (effective September 1, 2016, B.C. Reg. 175/2016). Employment Standards Act, amends the Employment Standards Regulation (B.C. Reg. 396/95) to increase the: Minimum wage from $10.45 an hour to $10.85 an hour; Minimum daily wage for a live- in home support worker from $104.50 to $108.50; Minimum daily wage for a live- in camp leader from $83.60 to $86.80; Minimum wage for a resident caretaker (for an apartment building containing 9 to 60 residential suites) from $627.00 a month plus $25.13 for each suite, to $651.00 and $25.13 respectively; Minimum wage for a resident caretaker (for an apartment building containing 61 or more residential suites) from $2,135.71 a month to $2,217.46 a month; Minimum wage for a farm worker for picking specified crops; and Minimum wage for a liquor server from $9.20 an hour to $9.60 (effective September 15, 2016, B.C. Reg. 136/2016). Environmental Management Act, amends the Organic Matter Recycling Regulation (B.C. Reg. 18/2002) is amended, adding a permit requirement for a discharger regarding a composting facility that processes food waste or biosolids as specified (effective June 9, 2016, B.C. Reg. 132/2016). The Organic Matter Recycling Regulation (18/2002) is further amended to correct a reference error regarding transition where permits are required (effective July 19, 2016, B.C. Reg. 179/2016). The Permit Fees Regulation (B.C. Reg. 299/92) is amended by adding, in the required annual permit fee provision, a reference to the Organic Matter Recycling Regulation for the new permit requirement for a discharger regarding a composting facility that processes food waste or biosolids as specified (effective June 9, 2016, B.C. Reg. 132/2016). Page 5
The Hazardous Waste Regulation (B.C. Reg. 63/188) is amended including to: Add definitions of "contaminated site", ''contamination" and "ex situ", "on site media"; Amending the definition of "facility and hazardous waste ; Repealing the definitions of historical hazardous waste contaminated site", "in situ management facility"; Provide that on site media is not hazardous waste if stored as specified; Repealing part of the provision providing that specified sections do not apply to a facility used to manage hazardous waste from an historical hazardous waste contaminated site if certain conditions are met; Provide that a permit is not required regarding an on- site hazardous waste landfill associated with contaminated site remediation activities undertaken in accordance with the Contaminated Sites Regulation, B.C. Reg. 375/96; Repeal part of a provision regarding hydrocarbon contaminated soil (effective July 19, 2016, B.C. Reg. 179/2016). The Contaminated Sites Regulation (B.C. Reg. 375/96) is amended including to: Amend Part 8 (Contaminated Soil Relocation); and Repeal references to standards in the Hazardous Waste Regulation regarding preliminary and detailed site investigations (effective July 19, 2016, B.C. Reg. 184/2016). Farming and Fishing Industries Development Act, amends the New Tree Fruit Varieties Development Council Regulation (B.C. Reg. 44/2002) to extend the life of the regulation, in its sunset provision, from June 30, 2016 to June 30, 2021 (effective June 10, 2016, B.C. Reg. 137/2016). Forest Act, repeals Part 4 (Surrender of Woodlot Licence) of the Woodlot Licence Regulation (B.C. Reg. 68/2006)(effective July 19, 2016, B.C. Reg. 181/2016). The Surrender Regulation is created (effective July 19, 2016, B.C. Reg. 181/2016). This Regulation sets out the application to surrender an agreement to harvest Crown timber. Prior to surrender of an agreement, this Regulation may require: A waste assessment; Payment of money owing; and Security for surrender of the agreement. Page 6
This Regulation provides for acceptance of application to surrender the agreement, forfeiture of security for non- compliance with obligations and refund of security. The Allowable Annual Cut Administration Regulation (B.C. Reg. 69/2009) is amended including to add a new provision regarding surrender of area- based agreements under the Surrender Regulation (effective July 19, 2016, B.C. Reg. 181/2016). Freedom of Information and Protection of Privacy Act, amends Schedule 2 of the Act to add public bodies and to remove them as specified (effective July 11, 2016, B.C. Reg. 174/2016). Gaming Control Act, amends the Gaming Control Regulation (B.C. Reg. 208/2002) to permit minors on the premises of a horse racing teletheatre if specified conditions are met (effective July 19, 2016, B.C. Reg. 182/2016). Health Professions Act, amends the Medical Practitioners Regulation (B.C. Reg. 416/2008) to: Add a definition of medical assistance in dying ; and Require that registrants may provide the service of medical assistance in dying only in accordance with the standards, limits and conditions established by the board for the provision of the service of medical assistance in dying (effective June 6, 2016, B.C. Reg. 129/2016). Hospital Insurance Act, amends the Hospital Insurance Act Regulations (B.C. Reg. 25/61) to increase the monthly charge for beneficiaries residing in extended care or general hospitals from $2,932.00 to $3,198.50 (effective June 10, 2016, B.C. Reg. 134/2016). Income Tax Act, amends the Training Tax Credits Regulation (B.C. Reg. 243/2007) to: Prescribe as an eligible training program regarding broadband network technicians (effective retroactively from February 22, 2016, B.C. Reg. 127/2016); and Repeal the eligible training program and recognized program regarding elevator mechanics (effective June 2, 2016, B.C. Reg. 127/2016). Page 7
The Film and Television Tax Credit Regulation (B.C. Reg. 4/99) is amended to prescribe dates and percentages regarding: Digital animation, visual effects and post- production tax credit; and Production services tax credit (effective October 1, 2016, B.C. Reg. 183/2016). Insurance Premium Tax Act, creates the Insurance Premium Tax Regulation (effective June 13, 2016, B.C. Reg. 154/2016). This Regulation, among other things, prescribes: Who is a prescribed taxable insurer; Who is in a class of taxable insurers; The criteria needed to qualify for a taxable premium for approved medical services and health care plans; Classes of insurance; Instalment payments threshold at $25,000; and Calculation of interest. These regulations are repealed: Approved Plan Regulation (B.C. Reg. 143/2005); Insurance Premium Tax Act Classes of Insurance Regulation (B.C. Reg. 175/2012); Insurance Premium Tax Act Interest Regulation (B.C. Reg. 52/2003); and Taxable Insurer Regulation (B.C. Reg. 77/94)(effective June 13, 2016, B.C. Reg. 154/2016). Logging Tax Act, repeals the Logging Tax Act Interest Regulation (B.C. Reg. 53/2003) and replaces it with the Logging Tax Regulation, which sets the taxpayer's tax Instalment payments threshold at $2,000 and stipulates the method of calculation of interest (effective July 5, 2016, B.C. Reg. 166/2016). Page 8
Milk Industry Act, amends the Milk Industry Standards Regulation (B.C. Reg. 464/81) to correct an error regarding quality standards for milk for residue permitted for veterinary drugs under the Food and Drugs Act (Canada) (effective June 10, 2016, B.C. Reg. 138/2016). Motor Fuel Tax Act, amends the Motor Fuel Tax Regulation (B.C. Reg. 414/85) including to: Add a new definition of "annual period"; Repeal and replace provisions regarding payments and returns for collectors, deputy collectors and retail dealers; Repeal and replace provisions regarding payments and returns: o amounts collected as if tax, fuel sold to retail dealers by persons; o other than collectors or deputy collectors; o amounts received as security or as if security; o fuel used by registered consumers; o transfer of marine diesel fuel, locomotive fuel, jet fuel or aviation fuel; o fuel imported by ship; o fuel used for new purpose; o fuel used for unauthorized purpose; o fuel used within British Columbia; o natural gas used in stationary internal combustion engine; and o payment of refund of security (effective August 1, 2016, B.C. Reg. 180/2016). Motor Vehicle Act, amends the Motor Vehicle Act Regulations (B.C. Reg. 26/58) to add an electronic variable speed limit sign (which indicates the maximum speed permitted, in kilometres per hour, under current conditions) (effective June 2, 2016, B.C. Reg. 125/2016). Further, The Motor Vehicle Act Regulations (B.C. Reg. 26/58) are amended to: Remove the requirement for antique motor vehicles or collector motor vehicles manufactured in 1940 or earlier, or be replicas of this vintage of vehicle to have mud flaps or fenders in order to legally operate on a highway that is paved and dry; and Repeal and replace definitions of replicar and replikit (effective July 4, 2016, B.C. Reg. 164/2016). The Vehicle Inspection Regulation (B.C. Reg. 256/2010) is amended to add as a Schedule a copy of the 350+page Commercial Vehicle Safety and Enforcement (CVES) s Vehicle Inspections Manual 2016 (effective June 3, 2016, B.C. Reg. 128/2016). Page 9
Offence Act, amends the Offence Act Forms Regulation (B.C. Reg. 422/90) to add a new Form N.4.1 (Certificate Of Evidence (Enforcement Officer), Section 146(3) Speed Against A Highway Sign) (effective June 2, 2016, B.C. Reg. 126/2016). Note: Section 146(3) of the Motor Vehicle Act makes it an offence for a driver to exceed the speed limit set by an electronic variable speed limit sign. The Violation Ticket Administration and Fines Regulation (B.C. Reg. 89/97) is amended to designate an enforcement officer who may issue a ticket for contravention of section 146(3) of the Motor Vehicle Act (effective June 2, 2016, B.C. Reg. 126/2016). The Violation Ticket Administration and Fines Regulation (B.C. Reg. 89/97) further is amended, including to: Strike out references to "Tobacco Control Act and replace them with Tobacco and Vapour Products Control Act"; Add new $58 fine for each commission of the offences of: o Holding activated a- cigarette on school property; o Holding lighted tobacco or activated e- cigarette on health board property (effective September 1, 2016, B.C. Reg. 149/2016). The Violation Ticket Administration and Fines Regulation (B.C. Reg. 89/97) is amended to add fines for specified offences under the Wildlife Act regarding guiding for game (effective July 5, 2016, B.C. Reg. 167/2016). Petroleum and Natural Gas Act, creates the Surface Lease Information Regulation (effective June 10, 2016, B.C. Reg. 139/2016). This Regulation prescribes what information is required for a surface lease information submission to the Surface Rights Board. Private Training Act, creates the Fees and Student Tuition Protection Fund Regulation (effective September 1, 2016, B.C. Reg. 140/2016). This Regulation has 7 Parts and a Schedule: Part 1 (Interpretation); Part 2 (Fees); Part 3 (Security); Part 4 (Student Tuition Protection Fund); Part 5 (Administrative Penalties); Page 10
Part 6 (Category Assignment); and Part 7 (Payments). The Fees and Student Tuition Protection Fund Regulation (B.C. Reg. 140/2016) is amended in the definition of "aboriginal institution" by striking out " incorporated under the Society Act" and substituting "society within the meaning of the Societies Act" (effective November 28, 2016, B.C. Reg. 140/2016). The Private Training Transitional Regulation is created (effective September 1, 2016, B.C. Reg. 141/2016). This Regulation has 6 Parts: Part 1 (Definitions And Interpretation); Part 2 (Required Information And Program Approval); Part 3 (Fees); Part 4 (Student Tuition Protection Fund); Part 5 (Transitional Category Assignment); and Part 6 (Payments). The Private Training Regulation is created (effective September 1, 2016, B.C. Reg. 153/2016). This Regulation has 8 Parts: Part 1 (General); Part 2 (Certificates); Part 3 (Approval Of Programs Of Instruction); Part 4 (Compliance Standards); Part 5 (Reporting Requirements); Part 6 (Additional Requirements For Certified Institutions); Part 7 (Consumer Protection); and Part 8 (Inspections). Page 11
The Private Training Regulation (B.C. Reg. 153/2016) is amended by repealing references to the Society Act and replacing them with references to the Societies Act (effective November 28, 2016, B.C. Reg. 153/2016). The Private Training Regulation (B.C. Reg. 153/2016) is again amended by adding provisions regarding the Sexual Violence and Misconduct Policy Act and sexual misconduct policy compliance standards (effective May 17, 2017, B.C. Reg. 153/2016). The Private Training Regulation (B.C. Reg. 153/2016) is further amended regarding provisions for websites and online directories (effective September 1, 2018, B.C. Reg. 153/2016). Property Transfer Tax Act, creates the exemption regulations set out below. The Property Transfer Tax Exemption Regulation No. 24 transfers to the Ditidaht Development Corporation, Inc. No. BC0849563 property exempt from tax (retroactive from June 26, 2015, B.C. Reg. 142/2016). The Property Transfer Tax Exemption Regulation No. 25 transfers to the Thuna Meh Mun- ah Holdings Inc., Inc. No. BC0962450 property exempt from tax (retroactive from November 2, 2015, B.C. Reg. 143/2016). The Property Transfer Tax Exemption Regulation No. 26 transfers to the Malahat Nation Land Corporation, Inc. No. BC0962347 property exempt from tax (retroactive from December 4, 2015, B.C. Reg. 144/2016). The Property Transfer Tax Exemption Regulation No. 27 transfers to the Songhees Nation Investment Corporation, Inc. No. BC0961948 property exempt from tax (retroactive from February 16, 2016, B.C. Reg. 145/2016). The Property Transfer Tax Exemption Regulation No. 28 transfers to the Snaw- naw- as Holdings Ltd., Inc. No. BC0962528 property exempt from tax (retroactive from January 15, 2016, B.C. Reg. 146/2016). The Property Transfer Tax Exemption Regulation No. 29 transfers to the 1007716 B.C. Ltd., Inc. No. BC1007716, property exempt from tax (retroactive from November 27, 2015, B.C. Reg. 142/2016). Provincial Sales Tax Act, amends the Provincial Sales Tax Exemption and Refund Regulation (B.C. Reg. 97/20 13) in a reference to qualifying school and replacing it with reference to the Private Training Act (effective September 1, 2016, B.C. Reg. 148/2016). Page 12
Public Sector Employers Act, amends the Schedule is amended, adding the Civil Resolution Tribunal as a designated tribunal (effective July 13, 2016, B.C. Reg. 173/2016). Securities Act, amends the Multilateral Instrument 11-102 Passport System (B.C. Reg. 58/2008) is amended (effective June 23, 2016, B.C. Reg. 158/2016). The Multilateral Instrument 11-103 Failure- to- File Cease Trade Orders in Multiple Jurisdictions is created (effective June 23, 2016, B.C. Reg. 159/2016). The National Instrument 45-106 Prospectus Exemptions (B.C. Reg. 227/2009) is amended (effective June 30, 2016, B.C. Reg. 161/2016). The National Instrument 23-101 Trading Rules (B.C. Reg. 252/2001, is amended, including: o Amend definitions, amend locked or crossed orders and adding a new provision regarding trading fees (effective July 6, 2016, B.C. Reg. 163/2016) o Repeal and replace definitions of protected offer and protected bid (effective October 1, 2016, B.C. Reg. 163/2016). Strata Property Act, amends the Strata Property Regulation (B.C. Reg. 43/2000) in Form B by adding a reference to tribunal proceeding (effective July 13, 2016, B.C. Reg. 172/2016). Tobacco And Vapour Products Control Act, amends the Tobacco Control Regulation (B.C. Reg. 232/2007), including to: Change the name of the Regulation to the Tobacco And Vapour Products Control Regulation ; Amend and add definitions; Add references to e- cigarette; Add an exception from smoking bans for sellers who use or demonstrate a e- cigarette at their premises; Set limits on advertising for vapour products; Require that warning signs be displayed by dealers of vapour products; Include vapour products regarding provisions for administrative penalties; Page 13
Repeal and replace Schedules that have signs with references to vapour products (effective September 1, 2016, B.C. Reg. 149/2016). Utilities Commission Act, creates the Direction Respecting Liquefied Natural Gas Customers regarding the Commission being required to set rates for specified agreements (effective June 10, 2016, B.C. Reg. 150/2016). Water Sustainability Act, amends the Groundwater Protection Regulation (B.C. Reg. 39/2016) regarding well drillers and well pump installers registers (effective June 10, 2016, B.C. Reg. 152/2016). The Water Sustainability Fees, Rentals and Charges Tariff Regulation (B.C. Reg. 37/2016) is amended in Schedule 1 and 2 regarding deep water and storage water use purpose (effective retroactively from February 29, 2016, B.C Reg. 151/2016). Wildlife Act, amends the Guiding Territory Certificate Regulation (B.C. Reg. 115/2015) to create offences where a person fails to notify if change to control of corporation and fails to comply with request of regional manager (effective July 5, 2016, B.C. Reg. 167/2016). The Wildlife Management Areas Regulation (B.C. Reg. 12/2015) is amended to repeal and replace the description for the Todagin Wildlife Management Area (effective July 11, 2016, B.C. Reg. 177/2016). The Todagin Wildlife Management Area is located in northwestern BC. END Page 14