Provincial Legislation Update

Budget Measures Implementation Act, 2009
Bill 2

Royal Assent:
Oct. 29, 2009

Makes the following amendments:

• Balanced Budget and Ministerial Accountability Act and Finance Statutes (Deficit Authorization and Debt Elimination) Amendment Act to allow the government to run deficits through to the 2012-2013 fiscal year
• Budget Transparency and Accountability Act to delay the date on which the 2010-2011 budget must be presented
• Income Tax Act to increase the dollar amounts used for determining the basic personal, spousal and equivalent to spousal tax credits for the 2010 taxation year and provides for an increase from $400,000 to $500,000 of the income threshold below which small businesses can pay a lower rate of tax
• Social Services Tax Act to clarify tax treatment of leased property that becomes real property

Finance Statutes Amendment Act, 2009
Bill 5

Royal Assent:
Oct. 29, 2009

Includes amendments to s. 8 of the Mortgage Brokers Act, expanding the authority of the registrar of mortgage brokers over registered and formerly registered persons, including powers to:

• suspend registrations
• require activities to cease activities
• require remedial actions be carried out

Insurance Amendment Act, 2009
Bill 6

Royal Assent:
Oct. 29, 2009

Moves fire coverage exceptions out of the Insurance Act and into the regulation, and extends fire insurance coverage for vacant properties for 30 days.

Strata Property Amendment Act, 2009
Bill 8

Royal Assent:
Oct. 29, 2009

Makes the following amendments:

• more affordable and efficient dispute resolution measures than currently contained in the Strata Property Act
• housekeeping changes to clarify some administrative processes and require strata corporations to get and retain reports regarding repair or maintenance of major items (e.g., depreciation reports)
• measures to make more rental units available

Protected Areas of British Columbia Amendment Act, 2009
Bill 10

Royal Assent:
Oct. 29, 2009

Creates more protected areas in BC by expanding existing parks, defining boundaries of several conservancies and creating a new class A provincial park in the Okanagan.

Miscellaneous Statutes Amendment Act, 2009
Bill 13

Royal Assent:
Oct. 29, 2009

Assessment Act – Amendments:

• Ensure, for 2009 and beyond, new strata accommodation developments will be split-classified to reflect actual use for both residential and commercial purposes, where applicable. Properties grandfathered in 2007 under the Act will continue to be classified as class 1 (residential), as long as all regulatory requirements continue to be met. The amendment ensures the original intent of the Act is preserved.
• Broaden the definition of eligible supportive housing property to include those funded by regional health authorities. If the property is designated under the supportive housing property class, the assessed value of the land and improvements is reduced to two dollars, resulting in nominal property taxes. This will result in approximately 40 health authority properties across BC being eligible for designation on the 2010 assessment roll.

Treaty First Nation Taxation Act, Manufactured Home Tax Act, Tourist Accommodation (Assessment Relief) Act – Amendments ensure that the Tsawwassen First Nation, as a taxing treaty First Nation, is treated in a manner consistent with municipalities when it comes to property taxation powers and exemptions. The amendments will not increase the tax burden to any person living on Tsawwassen treaty land. The amendments will also be applicable to the Maa-nulth First Nations and other taxing treaty First Nations after their final agreement takes effect.

Motor Vehicle Amendment Act, 2009
Bill 15

Royal Assent:
Oct. 29, 2009

Imposes, effective January 1, 2010, a ban on handheld devices while driving (drivers in the Graduated Licensing Program won't be permitted even to use hands-free phones). A fine of $167 will be levied as of February 1, 2010. Those caught texting or emailing will receive an additional three penalty points.

Assistance to Shelter Act
Bill 18

Royal Assent: Nov. 26, 2009

A new Act that gives police the authority to take people at risk of harm to emergency shelters to keep them safe from extreme weather. Once there, the individuals would decide whether they want to stay.

Miscellaneous Statutes Amendment Act (No. 2), 2009
Bill 20

Royal Assent: Nov. 26, 2009

Amendments confirm that, effective July 31, 2009, no new applications for financial assistance under the reconstruction program are being accepted by the Homeowner Protection Office.

Stream Diversion Amendment Act, 2009
Bill M204

1st reading: Nov. 4, 2009

Proposes amending the Water Act to ensure that a water license to divert water from a stream for agricultural purposes maintains the minimum flow necessary to protect fish or wildlife.