BarTalk February 2004 by The Canadian Bar Association, BC Branch

CBA Fee Challenge Dismissed Supreme Court upholds Law Society/CBA position

n December 17, 2003, a Supreme Court of B.C. ruling confirmed that the Law Society of B.C. is authorized under the Legal Professions Act to set and collect a practice fee which includes a fee to be paid to the Canadian Bar Association.

A ruling had been sought

benchers in remitting such a fee to the CBA on behalf of all practising lawyers, was not "patently unreasonable or even unreasonable. "

"... the specific merits of any particular program the members see fit to support ...is not a matter that should be re-

yers Assistance Program or the British Columbia Courthouse Library Society is not a matter that should be reviewed by the court." viewed by the court."

"In my view, provided that overarching restriction is respected, the specific merits of any particular program the members see fit to support, whether it be the Canadian Bar Association, the Lawby Mr. Richard Gibbs, QC, that section 23(1)(a) of the Legal Professions Act does not permit members of the Society to include a CBA fee amount in the practice fee, and that section 24(1)(c)

does not permit the Benchers to collect and remit to the CBA such a fee on behalf of all practising lawyers .

The Law SocietY, of B C. and the CBA argued that section 23(1) allowed the members of the Society to set the practice fee, including a universal CBA fee, and that the general power given to the Benchers by section 4 of the Act was not restricted by the specific authority to collect CBA fees in s. 24.

The petitioner argued that the setting of the fe e for members of the Law Society "violated an overarching restriction imposed by the Legal Professions Act being that the setting of practice fee s must include only purposes consistent with the objects and duties of the Society as enumerated ins . 3 of the Act."

Mr . Justice Taylor held that the objects of the CBA were substantially consistent with those of the Society, and therefore the actions of the members in setting the practice fee, and the

Quoting MacDonald, J in Beltz v. Law Society of British Columbia, Justice Taylor wrote: "On policy matters, honest and sincere people often hold different views, but the court is not the arbiter of the correctness of one view over another. "

"I agree with that statement and would add that the courts should not intervene when there is found to be reasonableness of a position taken by a majority of the members of the society that the work of the association is consistent with the objects and duties of the society ."

Richard Gibbs, QC appeared in person, the Law Society was represented by Murray Clemens, QC, and the CBA was represented by Geoff Cowper QC and Stanley Martin.

A full text of the decision can be found at www . courts.gov .bc.caljdb - txtl scl03 I 18 I 2003bcsc1814.htm •

Letters to the Editor

Re: BarTalk Vol. 15/No. 6 "Study on Access to Legal Aid"

Regarding the article about legal aid in the December 2003 BarTalk, it is my constant habit to tell clients and others that lawyers have been required to charge PST since 1993 The purpose of this was to fund legal aid . The provincial government has consistently skimmed much of that money away from legal aid. In effect, the provincial government has created this legal aid funding crisis , puts not one penny into legal aid, and has made money out of the situation since 1993. This perversion of our values and degradation of rights and social justice deserves attention Members of the profession should point out the many pro bono services provided by the profession and repeat that the fundamental gap in the legal aid system arises from deliberate and dishonest political policy .

Gregory Bruce

Send your letters to the Editor to:

Caroline Nevin, BarTalk Senior Editor

Canadian Bar Association, B C. Branch

Fax: 604-669-9601

Toll free fax: 1-877-669-9601

E-mail: cnevin@bccba org

Re: BarTalk Vol. 15/No. 6 "Bikram Yoga Contest"

Both I and my sister, who is in practise with me, are regular yoga practitioners. We have found yoga to be an excellant way to promote both our physical and mental well-being given our demanding family law practices . We have even gained clients who wish to have a yoga lawyer . Thanks for promoting this practice which can only assist our colleagues in living a better life.

Shannon Buchan

•

Re: Mount Washington Lift Tickets

I wanted to let you know how happy I am that the CBA is offering ski lift tickets for Mount Washington as well as Whistler and Sun Peaks. As a Victoria resident it is great to be able to enjoy the savings on our "local" moun- · tain, as well as the other mountains in the province.

Keep up the good work!

Fiona McQueen

National President Defends Legal Profession

Following a recent series of articles criticizing the legal profession , President Bill Johnson has countered the attacks and brought the perspective of the legal profession to the pages of the National Post. On December 31, he set out his thesis and described the root of CBA National

ent Bill Johnson the problem as being contradictory expectations.

"When public expectations of the legal profession are informed by factors as random as television programs, bestsellers or the news of the day, it's perhaps no surprise that public expectations and demands of the legal profession are so contradictory," he wrote.

He made his points through five key examples on: lawyer-client confidentiality; the rights of the accused ; perception of lawyers; lawyers as lawmakers; and the role of judges.

To view the full text of the column, please visit www. cba. org I CBA IN ews I 2004_Releases I 2004-01-0S_johnsonopedtext.asp

Presid

Security and Independence Justice system requires lawyer safety

n December 5, 2003 the Ontario Bar Association (OBA) Council Meeting unanimously passed the following resolution:

"Whereas access to justice in a democratic society requires that lawyers be able to carry out their duties in representing individuals and groups without fear of harm;

And, whereas the Ontario Bar Association is committed to the safety of lawyers who are placed in danger in the course of their duties

Therefore be it resolved that:

The Ontario Bar Association develop in conjunction with all levels of government and policing services a risk assessment protocol, and other measures that may be deemed necessary to protect all lawyers, their families, associates and staff from harm or threat of harm ."

This resolution followed upon concerns raised by the public release of a threat made to a Toronto lawyer, which subsequently resulted in his decision to quit a high profile case . OBA President Johnathan Speigel has raised the alarm that public access to justice must not be compromised because lawyers are forced to withdraw from representation for fear of their safety . At the December meeting of the CBABC Provincial Council, similar concerns were expressed.

In 1978, when I was called to the bar, the former Vancouver Courthouse had little in the way of need for security for judges. Judges Chambers were readily accessible to the public. Those days are now long gone. Access to judges is now restricted and overall Courthouse security has increased dramatically .

In British Columbia, in recent years, there have been a number of physical attacks on lawyers that have resulted in serious injury . Any physical or verbal threat to lawyers' safety is a serious concern, both for Crown and private bar lawyers .

In my view the time may have now come for a careful assessment of the security needs of lawyers, not only while in court but throughout the process .

As a first step there is a need to have a better understanding of the current situation . To this end I would ask members to advise the CBABC of personal stories or anecdotal evidence of situations where they, their families or staff were, or perceived themselves to be, in harm's way . Obviously, any such disclosure must not contain confidential client information. This information can then be reviewed by the CBABC to determine what action, if any, is required to be taken

As I have said in the past, we are privileged to be able to practise law in British Columbia The CBABC will continue to work to make sure that we can exercise this privilege in safety . •

CBA Financial RRSPs Now

Available

CBA Financial offers members a new way to save for retirement. Through its newlylaunched RRSP, the CBAF product offers : lower than retail investment management fees; institutional fund managers; brand-name fund

managers; quick and easy enrolment; and secure online personal account access.

For full de t ails and how to contact your local CBIA rep, visit www barfinancial.com •

Robert C. Brun

President 2003/2004

B.C. Branch, Canad ian Bar Association

New Agreement Will Assist Land Title E-Filing

The Law Society of B.C. has signed an agreement with the provincial government to provide certification services that will permit lawyers to file real estate transactions online .

"This is a significant, concrete step towards the implementation of the Electronic Filing System for B.C.'s land title system," said Hon. Stan Hagen, Minister of Sustainable Resource Management. "It will benefit British Columbians by providing the professionals they hire equal access to the land title system no matter where they do business ."

Under the agreement, the Law Society, using its innovative Juricert™ secure registration and authentication system, will provide online verification of lawyers' electronic signatures and professional status This verification is an integral part of the Electronic Filing System, which will be in place by April 1, 2004, and will permit lawyers to file many types of land title documents online from anywhere in the province.

Lawyers registered with Juricert will have the necessary software to securely sign electronic land title documents. The documents can then be sent to the Land Title Office's online system that will automatically verify that the document has not been altered and that the lawyer's professional status is valid .

"The Law Society has been working with the provincial government for five years to develop a cost-effective, efficient Electronic Filing System for the Land Title Office," said Law Society Executive Director Jim Matkin, QC. "Implementation requires an independent and reliable system for online certification of a lawyer's digital signature and professional status Juricert will provide that certification without making fundamental changes to conveyancing practice "

"The electronic filing system will make land title transfer faster and more effective, and will provide equal access from all parts of the province," Hagen said. "I thank the Law Society for this essential support." •

CBA Outlines Priorities to Justice Minister

Increased funding for legal aid, the impact of anti-terrorism laws, solicitor I client confidentiality, and appointments to the Supreme Court of Canada have been identified by CBA President Bill Johnson as four key priorities in a letter to new Justice Minister Irwin Cotler .

On legal aid, the CBA has serious concerns about both coverage and provincial/territorial accountability for funding of civil legal aid under the Canada Social Transfer (CST). The CBA has asked the Minister to carve legal aid funding out of the CST and establish a separate Access to Justice Transfer .

In light of the spate of laws and government action aimed at addressing security concerns, the CBA is urging the government to undertake an early, comprehensive review of the impact of the anti-terrorism measures.

While fully supporting the need to fight organized crime and money laundering, the CBA reaffirmed its position that the public interest is best served by protection of solicitor-client confidentiality. In the letter to the Justice Minister, the CBA indicated its willingness to participate in discussions to redesign regulations for the legal profession with the goal of fully protecting solicitor-client privilege.

Expressing disapproval of U.S.-style Congressional hearings for nominees to the Supreme Court of Canada, the CBA would welcome a formalized review process by a system like the advisory committees in the provinces and territories.

To read the full text of the letter, please view: www cba.org/CBA/submissions/pdf/03-55eng.pdf

The CBABC sponsors 74 Sections which play a vital role in keeping members informed both on changes in the law, and legal and political issues affecting a given area of practice. They are the main resource utilized by the CBABC in legislative review, law reform initiatives and in responding to matters affecting the profession. What follows is a sample of the recent activities of some Sections.

ADMINISTRATIVE LAW-VICTORIA

John Waddell, QC, litigator and softball and hockey coach, delivered a paper on general Shelley Bentley principles regarding court intervention in the decisions of domestic tribunals and non-profit sporting associations. He noted that the fact that the majority of sports organizations are run by volunteers makes them particularly susShelley Bentley is in private ceptible to decision-making infused with emopractice at G. Davies & tion and promotion of self-interest. The most Company common areas where disputes arise are:

• Thegrantingorwithdrawalofmembership;

• The disciplining of members or participants;

• Mobility of members within and between organizations; and

• Governance issues at the executive level of the organization.

He noted that courts are reluctant to intervene in the decision-making of sports organizations and other private bodies and will only do so if it has exceeded its jurisdiction, failed to comply with the rules of natural justice or acted in bad faith. In particular, courts will generally not define terms in the rules of a private body and is primarily concerned with process. However, Mr. Waddell said inroads have been made in recent years. Courts have shown a greater willingness to concern themselves with the decisions of some "private" bodies, either on the basis that express or implied contractual rights or obligations have been breached or where a member's livelihood is at stake.

ADA-VICTORIA

Catherine Morris, current Director o f Pea cemakers Trust and former Executive Director of the Institute for Dispute Resolution, spoke about the role of apologies in conflict resolution . She noted that people in conflict often want nothing more than an apology and discussed the pros and cons and legal consequences of apologizing

BUSINESS LAW

Tax lawyer, Joel Nitikman, presented 10 t ax tips for solicitors. He discussed:

• New tax rules for restrictive covenants;

• The law surrounding when a "disposition" occurs;

• New restrictions on interest deductibility and other losses;

• Section 85(1)(e.2) of the Income Tax Ac t regarding fair market value determinations where shareholders transfer property to corporations;

• Taxation of stock options;

• • • • • Effect of shareholder agreements on control; Negative ACB rules for partnerships; New NRT /FIE rules; Vertical amalgamations-disposition trap ; and

New rules for qualified dispositions t o trusts.

FAMILY LAW-VANCOUVER

Dinyar Marzban led a discussion on some recent developments surrounding section 9 of the

Two Recent CBA Submissions

Impaired driving: The CBA has cautioned the Department of Justice that, at th is stage, adding detection of drugs to the impaired driving scheme in the Criminal Code is not a good idea In its December 2003 subm ission, the CBA warned that technology is still too unreliable for the addition of drugs to be constitutional.

Intermittent sentencing; Electronic access to court records: The CBA is preparing a response to a federal government discussion paper on changes to intermittent sentencing and to a Canadian Judicial Council dis c ussion paper on e lectron ic access to court records.

Section Talk

Continued from page 5

Federal Child Support Guidelines . Under section 9 parents who have a shared custody arrangement may apply for exclusion from the regular Guideline child support amounts. This provision is premised on the theory that a shared custody arrangement will have increased overall costs for both parents as a result of duplication so requiring payment of the base Guideline amount is unfair. Mr Marzban described the four basic formulas used in determining support quantum in shared custody arrangements outlined by Mr Justice Romilly in the C.R.H.E. v . F.G .E. , 2003 BCSC 1401: straight set-off; pro -rated set off; straight prorated; and pro-rate multiplier.

Justice Romilly noted that regardless of which formula a co urt decides to use, these factors should be considered :

• The purpose behind the variation of the child support under s . 9;

• The cliff effect or sudden drop in income of the custodial parent as the access parent crosses the threshold between 39 per cent and 40 per cent access;

• The fact that variation is more readily justified if the access parent has less means than the custodial parent and would have difficulty in meeting increased expenses occasioned by greater access; and

• The Courtmustnotgiveundueweight to the amounts set out in the applicable tables for each of the spouses without giving sufficient consideration to the increased costs of shared custody and the condition, means, needs and circumstances of each spouse .

IMMIGRATION LAW

Representati v es from Customs and Immigration Canada discussed the new permanent resident card requirement for resident non-C anadian citizens re-entering Canada commencing in 2004 . They shared details about the operation of the processing center and commented on the reasons for the 30 per cent return r a te for applications

WILLS &TRUSTS-OKANAGAN AND FAMILY LAW-OKANAGAN (JOINT MEETING)

Dinyar Marzban gave a paper on "Family Law Considerations in Structuring Trusts and Other Estate Plans" focusing on settling trusts to protect assets from spouses of beneficiaries In particular, he commented on the recent use of section 68 of the Family Relations Act regarding postnuptial settlements and the cases of Grahame v Grahame (2002 , BCSC) and EJR v KDA (2002 BCSC). In Grahame the BCSC held that in order to qualify as a postnuptial settlement the trust settled after marriage by the parents of one of the spouses had to have some causal connection to the marriage in the sense that the { benefit conferred by the trust on a spouse should be conferred " in his or her character as a spouse, and with reference to the marriage ." Mr Marzban commented that the Court adopted a less restrictive definition in EJR v. KDA and held that section 68 "does not preclude a determination that a 'settlement' may include a deed or other form of transfer of ownership that has the effect of depriving one spouse of property to which he or she might otherwise be entitled "

Mr. Marzban noted the limited jurisprudence dealing with s. 68 and the unpredictability of its application . In trying to avoid its appl ication he warned against including a spouse as a beneficiary when drafting a trust. •

New CBABC Section: Employment Law

Created in December, this Section focuses on law related to non-unionized employment, e.g , employment contracts, wrongful dismissal, human rights, WCB issues , privacy issues and ,

perhaps, employment immigration More than t 120 members have enrolled Contact the CBABC to participate in this new Section. The enrolment fee is $12 plus GST Register today! •

David J. Bilinsky J. Bilinsky is the Practice Management Advisor at the Law Society of British Columbia He can be reached on the Internet at dbilinsky@lsbc org.

The views expresse d herein are strictly those of the author and may not be shared by the Law Society of British Columbia

Change Management How to magically transform your practice

You got some power in your corner now Some heavy ammunition in your camp

You got some punch , pizazz , yahoo and how See all you gotta do is rub that lamp...

Music by Alan Menken, lyrics by Howard Ashman, sung by Robin ("The Genie") Williams

s we all know from another passing of our latest New Year's resolutions, desiring change is one thing; effectively implementing it is entirely another. Yet there is a whole area of study devoted to implementing change- that can take us from setting a vision to evaluation of results. Whether we are implementing a new accounting system, a new marketing program, even a new way of recording billable time- there are tried and true ways of maximizing our chances of success. Let us look at ways to get the genie out of the bottle and working for you:

Vision: Stephen Covey advises "Begin with the end in mind." In our context, this means having a clear vision of what your practice looks like with all aspects of the change fully implemented. Often the most important part to be played by a leader in any change situation is communicating the vision of the benefits of the change for the organization and thereby assisting people to achieve their own sense of the role that they play in the overall picture and how they stand to benefit.

Champion: Every successful change project needs a champion who magically steers the project around dangerous shoals and rough waters and who watches out for the interests of the project at all times. This role is perhaps the most important of all - securing an advocate with top-level support for the project to ensure its ultimate success.

Integration and influences: Be sure to consider how your desired change fits within the overall mission of your practice. Is your desired change central to how you carry on business? Or is it more peripheral? Is it transformational or incremental? This helps determine the scope and impact of your proposed change What other influences will your practice be subject to during the change?

SWOT: Undertake a SWOT analysis (Strengths, Weaknesses, Opportunities and Threats) to provide you with an analysis of your current situation and how your proposed change will be impacted, both positively and negatively, by these.

Goals: Write down the specific goals of your plan. Outline how the change helps meet the mission of your practice and how it will take advantage of opportunities and ward off threats. Anticipate how to guard against weaknesses . Goals should be SMARTER:

• Specific (e g., increase our construction client base by 30 per cent);

• Measurable (you have the means to determine actual progress);

• Acceptable (those involved with execution find the goals acceptable);

• Realistic (those involved with execution agree thatthe goals are achievable within the established time frame);

• Time frame (the goals have a realistic time frame for completion);

• Extending (goal achievement should allow

Il l LAP

Lawyers Assistance Program

LAP provides confidential support, counselling and referrals for lawyers, their families, support staff, judges and students suffering from alcohol and/or chemical dependency, stress, depression or just about any type of personal problem

For assistance or information on meetings and resources please ca ll 604-685-2171 or toll free 1-888-685-2171

The LAP office address is 415-1080 Main land Street, Vancouver, B.C. V6B 2T4.

Visit LAP on the Internet at www lapbc.com

Practice Talk

Continued from page 7

those involved to extend their skills); and

• Rewarding (there is some reward for success)

Strategies: Strategies are specific, concrete steps to be taken to reach your goals Often, the most creative part of any change implementation is coming up with creative strategies to encourage the desired behaviours (and discourage passive-aggressive and sabotaging behaviours). The Internet can be a great source for innovative strategies for specific situations.

Objectives: It is said that if you don't know where you are going, any road will take you there. Every successful change project requires measurable, achievable objectives that allow everyone to assess progress towards your goals. Furthermore, objectives should have associated timelines that not only determine what must be achieved but also by when.

Resources: Ensure that all required resources are identified and commitments are secured for their provision (i e., budgets are established, human resources requirements are secured, etc.)

Assign Responsibility: Objectives are not usually achieved without the assignment of personal responsibility together with a procedure in place that regularly reviews each person's progress toward his or her objectives . Deadlines are important to ensure that all parts of the plan progress to the ultimate objective Goal attainment should be formally acknowledged i.e., 'sign-off' should be part of the process . Vitally important and related to the assignment of responsibility is involving the right

peopl e . A s signing responsibility to someone who may engage in passive-aggressiv e behaviours for the purposes of undercutting an objective may result in the ultimate failure of the project.

Communicate: Your written plan document should be distributed to all persons who are stakeholders in the process. This ensures that there are no misunderstandings and that parties can see their role in the overall scheme.

Completion: It is important that you formally declare that your objectives have been met and that your goal(s) have been obtained. This ensures that all parties realize that you have met your objectives and that the desired change was achieved.

Celebrate: Often, the efforts and hardships that persons have undergone to achieve success are never recognized or rewarded . By celebrating success, you take the opportunity to formally thank all those who dug in and helped the project and you positively reinforce that your practice rewards extra effort. Missing this step can breed apathy and scepticismwhich in turn can negatively impact your next project.

Evaluate: Look back at the entire planning process and evaluate what you have learned Write this down to ensure that you have captured the accumulated knowledge of the process and your organization's learning that occurred as a result of going through the process . This allows you to approach your next change project a little wiser than you were before.

While Aladdin may have rubbed lamps, today we can fall back on the genie of knowledge to grant us the power to achieve the changes that we desire in our practices •

Donate Your Old Pentiums For Reuse

Upgrading? If you'd like those old Pentium systems to do some good, consider letting "Computers for Cuba" send them to Cuba, for use

in schools, hospitals, museums, cultural institutes, etc. Contact Sheila Delany at 604-3246037 or sdelany@sfu.ca regarding delivery or pickup •

Stuart Rennie

St ua r t Re n n ie is t he CBABC

Leg is lat io n & Law Re fo r m

O ffi c er. He ca n be reached at 604-949 - 1490 (e-ma il s r enn ie@bccba org)

Every effort is made to e n-

su r e t he acc uracy o f the inf-

o r mat ion prov id ed to you in th is art icle but the informatio n s hould not be re li ed upo n. Lawyers s hou ld re fer

t o t he s pecific leg is lat ive or r egul atory prov is io n You w ill se e a re ference in so me cases to t he num ber of the Bill whe n it was introduced in t he House Th is number may be different from t he c hapter number of t he new

Act w hic h is quoted after t he t it le o f t he Act and

w hich is t he proper citat ion fo r the Act. The Bill Number has been given to you to make it easier for you to note u p th e Bill s you may have in your li brary

Additional detail on the Legislative Update can be found in the online issue of the February BarTalk, posted at www .bccba .org.

ACTS IN FORCE

British Columbia Railway (Revitalization) Amendment Act, 2003, s.B.C. 2003, c 91 (Bill 89)

Summary: Bill 89 amends the British Columbia Railway Act, including to permit the B.C. Railway Company, any of its subsidiaries and B.C. Rail Partnership t o provide rail service over the Company's railway lines without an ob ligation to provide such service

In Force: Act, except section 2, in force December 19,2003

See Regulations to Note, British Columbia Railway Act

Community Charter, s.B.C. 2003, c. 26 (Bill14)

Summary: Bill14 creates a new order for municipal governme n t by amending, and in some cases increasing, municipal powers .

In Force: Act in force January 1, 2004

See Regulations to Note

Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003, S.B.C. 2003, c . 52 (Bill 76)

Summary: Bill 76 makes consequential amendments to 100 statutes and o t her amendments to the Community Charter

In Force: Act, except the provisions referred to in section 550 (2) to (5) and (7) to (9) in force

January 1, 2004

See Regulations to Note •

Degree Authorization Act, s B.C. 2002 , c . 24 (Bill15)

Summary: Section 1 creates definitions of "consent," "degree" and "minister." The Act does not apply, by section 2 (1) (a) to (e) and (g) to (i) and section 2 (2) to specified pos t -secondary institutions Section 3 permits granting of degrees and restricts the use of "university ." Section 4 sets out matters requiring the consent of the Minister. Section 5 permits suspension or revocation of consent for persons who fail to comp ly w ith the Act. Section 6 authorizes the Minister to appoint inspectors. Section 7 details offences and penalties for violation of the Act. Section 8 permits the Act to be enforced by court injunction. Section 9 permits regulations to be made. Section 15 is a consequential amendment to the Private Post -Secondary Education Act . Section 16 is a consequential amendment to the University Act.

In Force: Sections 1, 2 (1) (a) to (e) and (g) to (i), 2 (2), 3 to 9, 15 and 16 are in force November 7, 2003.

See Regulations to Note •

Forest (Revitalization) Amendment Act, S.B.C. 2003, c. 30 (Bill29)

Summary: Sections 1 to 6, section 7 (a), (b) and (c), section 8, section 9 except the portion that enacts section 54 8 (2) of the Forest Act, section 11, sections 13-16 amend the Forest Act, including amendments regarding consolidation and subdivision of forest licences, tree farm licences, pulpwood agreements and transfer requirement s.

Legislative Update

Continued from page 9

In Force: Sections 1 to 6, 7 (c), 8, 12 (a), 13, 14, and 16 are in force November 4, 2003 Section 7 (a) and (b), section 9 except the portion that enacts section 54.8 (2) of the Forest Act and sections 11 and 15 are in force November 4, 2003

Forest (Revitalization) Amendment Act (No. 2), 2003, S.B.C. 2003, c. 31 (Bill 45)

Summary: See "In Force" below

In Force: The following sections amend the Forest Act: sections 1 (d), 4, 5, 19, 20,22 (a) to (c), 25, 26, 30, 33, 34, 44 (a), (c) and (e), 49, 55 to 58, 60, 62 to 67, 74, 75, 76 and 85 are in force November 4, 2003; sections 2, 31, 54 and 68 are in force November 4, 2003; section 10, the part of section 14 that repeals section 24 of the Forest Act, and sections 15 to 18, 39, 41,44 (b) and (d), 45, 46, 61, 69 to 73 and 77 are in force March 31, 2004; sections 1 (a), (b), (c) and (e), 3, 8, 9, 11, 13, 21 , 22 (d), 27, 28, 29, 32, 35 to 38, 40, 42, 43, 47, 48, 50 to 53, 59 and 78 are in force December 31, 2003 . Section 79 to 82 are consequential amendments and are in force November 4, 2003 . The part of section 14 that repeals section 23 of the Forest Act is in force December 31, 2003

See Regulations to Note, Forest Act

Forests Statutes Amendment Act

(No. 2), 2003, S B.C. 2003, c. 56 (Bill44)

Summary: Sections 3, 4, 6, 8, 10 (a), and sections 14 to 17 amend the Forest Act. Section 3 amends the provision regarding marking with marine log brand. Section 4 adds a new provision prohibiting persons from misrepresenting that they have authority to scale timber Sections 6, 8 and 10(a) clarify and amend provisions respecting road permits Section 14 makes amendments respecting penalties and offences. Section 15 prohibits intimidation, threats and other actions for improper purposes regarding applying for agreements under

Part 3 (Disposition of Timber by the Government). Section 16 makes amendments to defences and penalties . Sections 17, 18 and sections 20 to 26 amend the Forest Practices Code of British Columbia Act. Section 17 corrects a cross reference error. Section 18 clarifies that information must be submitted to the district manager as soon as practicable. Section 20 clarifies provisions regarding free growing stands Section 21 expands the circumstances when government may fund significant extra expenses or waive obligations under the Act. Section 22 expands the definition of "party." Section 23 adds a new 176(2) to the Act to delineate the situations in which the Forest Practices Board may treat additional persons as being a "party " Section 24 permits the Forest Practices Board, where an audit or investigation includes more than one specified party, to report its overall conclusions without reporting on compliance by each party. Section 25 increases regulation-making powers for roads. Section 26 permits the Lieutenant Governor in Council to rely on a written notice from the Minister that the specified requirements regarding pilot projects have been fulfilled. Sections 28 to 30 amend the Range Act. Section 28 makes amend- f ments regarding offences, defences and penalties. Section 29 clarifies that the administrative penalty provisions of the Forest and Range Practices Act apply to violations of the Range Act. Section 30 permits regulations to be made

In Force: Sections 3, 4, 6, 8, 10 (a), 14 to 18, 20 to 26 and 28 to 30 are in force December 12, 2003

See Regulations to Note, Forest Act and Forest Practices Code of British Columbia Act

Health Professions Amendment Act, 2003, S.B.C. 2003, c. 57 (Bill62)

Summary: Sections 1, 2, 4, 5, 8 to 10, 16, 31 to 33 and 39 to 41 amend the Health Professions Amendment Act. Section 1 repeals an unneeded provision Section 2 permits a designated college to regulate more than one class of registrant and more than one type of health professional. Section 4 increases the financial powers of the colleges. Section 5 clarifies the mandate of a college. Section 8 creates a new

provision to expand the powers of the Minister . Section 9 increases the bylaw making powers of boards Section 10 clarifies that a board is limited to performing those things specified under the Act. Section 16 repeals an unneeded provision . Section 31 allows a board to authorize its registrar to act for it under the Act. Section 32 permits a college board to revoke the permit of a corporation if the acts or omissions of officers, employees or agents of the corporation constitute professional misconduct. Section 33 requires the government to give a college three month ' s notice before specified regulations are made. Section 39 permits specified regulations to be made . Section 40 is a transitional provision regarding the interpretation of bodies, rules, regulations and bylaws. Section 41 is a transitional provision regarding regulations.

In Force: Sections 1, 2, 4, 5, 8 to 10, 16, 31 to 33 and 39 to 41 are in force December 12, 2003

sions of the Re sidential T enancy Act, R.S.B.C. 1996, c . 406 that applied to tenancies of manufactured home sites.

In Force: Act in force January 1, 2004

Land Title Amendment Act, 1999, S.B.C. 1999, c. 35 (Bill 93)

Summary: Bill 93 provides for the filing of applications, instruments and other documents in electronic format and the certification of subscribers to sign and transmit those documents to the Land Title Office

In Force: Act in force December 12, 2003

See Acts in Force, Miscellaneous Statutes Amendment Act (No. 3) , 2003 (Bill90)

B.C. Offshore: Problems and Potentialities

This lawyer's workshop w ill take place at UV ic's Dunsmuir Lodge , March 19-21.

The Workshop Chair, the Hon R P Kerans (Alberta Court of Appeal - retired) invites you to "get in on what may be the biggest play in Western Canada in the 21 " century!" Twentyone prom inent experts, including judges , will brief you on every aspect - scientific news, politica l history, environmental problems , and the complicated and important legal issues of B C. offshore (For example, did you know that several parties claim to own the Hecate Stra it?).

Manufactured Home Act, s .B.c. 2003, c. 75 (Bill 72)

Summary: Bill 72 repeals and replaces the Manufactured Home Act

In Force: Act in force December 8, 2003

Manufactured Home Park Tenancy Act, s.B.C. 20o2, c. 77 (Bill 71)

Summary: Bill 71 repeals and replaces provi-

Miscellaneous Statutes Amendment Act, 2003, S.B.C. 2003, c. 7 (Billll)

Summary: Section 26 repeals the Holiday Shopping Regulation Act. Section 33 amends the Local Government Act and section 63 amends the Vancouver Charter Both amendments are consequential to the repeal of the Holiday Shopping Regulation Act.

In Force: Sections 26, 33 and 63 in force December 5, 2003

•

Miscellaneous Statutes Amendment Act (No. 3), 2003, S.B C. 2003, c. 96 (Bill 90)

Continued over

For details vis it: www.maritimeawards.ca. Space is limited

This project is sponsored by the Maritime Awards Soc iety of Canada (MASC), and wi ll support its scholarship program.

The Legislation and Law Reform Committee

This committee:

I. Promotes-on behalf of the profession and the publ ic-we ll-developed, practical laws by coord inating the CBABC's participation in the deve lopment of government policy and legislation;

2 Provides a focus through wh ich the CBABC membership may assist the Government of B.C. in ensur ing that legislation is as comprehensible , workable and unambiguous as possible and that it does not violate the rule of law; and

3. Works to ensure the bar and the public are made aware on a timely basis of changes and proposed changes to the laws , regulations and policies of the Government of B.C.

If you have any questions or proposals for law reform in B.C. , contact the comittee's Chair, T im Delaney (Tel : 604-687-1323, e-mail: tdelaney@lklaw.ca)

Legislative Update

Continued from page I I

Summary: Sections 37 to 44 amend the Land Title Act-as enacted b y section 2 of the Land Title Am endment Act , 1999, S.B.C. 1999, c . 35-to permit the Director of Land Titles to designate, instead of being prescribed by regulation, the following matters : land title districts, forms , information, requirements, use of technology for the purposes of electronic registration and filing of documents. Section 45 amends the Land Titl e Amendm ent Act , 1999 to add new definitions, including one for "electronic return" and to add new sections regarding electronic returns and evidence of electronic returns Section 63 amends the Strata Prop erty Act to permit an electronic application for registration accompanied by an electronic declaration as required under Land Title Act (as amended by Bill 90).

In Force: Sections 37 to 45 and 63 in force December 12, 2003

Pension Statutes Amendment Act, 2003, S B.C. 2003, c 62 (Bill49)

Summary: The following amend the Public Sector Pen sion Plans Act: section 9 adds a new Part 1.2 (Post Retirement Group Benefits, "PRGB") of Schedule A of the Public Sector Pension Plans Act; section 15 repeals an obsolete provision; section 17 adds a new Part 2 1 PRGB except as it enacts section 18.4 (Application of Pension Benefits Standards Act) of Schedule B of the Public Sector Pension Plans Act; section 20 repeals an obsolete provision; section 21 adds a new Part 2 1 PRGB except as it enacts section 18.4 (Application of Pension Benefits Standards Act) of Schedule C of the Public Sector Pension Plans Act; section 24 repeals an obsolete provision; section 25 adds a new Part 2 .1 PRGB except as it enacts section 18.4 (Application of Pension Benefits Standards Act) of Schedule D of the Publi c Sector Pension Pl ans Act. Section 27 to 35 amend the Public Service Benefit Plan Act Section 27 deletes application of Part 1 of the Act to person s in receipt of a pension. Section 28 repeals an obsolete provision . Section 29 permits the administration of

post retirement g roup b e nefits . Section 30 makes a consequential amendment to Schedule D Section 31 deletes r efere nces to "pensioner ." (

In Force: Section 9 as it enacts Part 1.2 of Sche dule A of the Public Sector Pension Plans A ct, section 15, section 17 except as it enacts section 18.4 of Schedule B of the Public Sector Pension Plans Act, section 20, section 21 except as it enacts section 18.4 of Schedule C of the Public Sector Pension Plans Act, section 24, section 25 except as it enacts section 18.4 of Schedule D of the Public Sector Pension Plans Act, sections 27 to 31 are in force January 1, 2004 •

Public Service Amendment Act, 2003, S.B C. 2003, c. 88 (Bill 71)

Summary: Bill 71 amends the Public Service Act, including to eliminate the Public Service Appeal Board and amend provisions affecting employees .

In Force: Act in force December 1, 2003

See Regulations To Note •

Residential Tenancy Act, s B.C. 2002, c. 78 (Bill70)

Summary: Bill 70 repeals and replaces the Residential Tenancy Act, R.S .B.C. 1996, c. 406 .

In Force: Act in force January 1, 2004

REGULATIONS TO NOTE

British Columbia Railway Act, designates real property as railway property for the purposes of section 45 of the Act. Section 45, as amended by British Columbia Railway (Revitalization) Amendment Act, 2003, S.B.C. 2003, c 91 (Bill89), permits the transfer, by regulation, to the Company of specified properties (effective December 31, 2003 B.C. Reg. 498/2003)

Community Charter, all effective January 1, 2004, creates the Disposal of Property in Police Possession Regulation (B.C. Reg. 366/2003), creates the Bylaw Revision Regulation (B.C. Reg. 367 /2003), creates the Short Term Borrowing Limit Regulation (B.C. Reg. 368/2003), repeals the Boundary Bay Airport Improvements Exemption Regulation (B.C. Reg. 341/ 96), Comox Valley Community Airport Improvements Exemption Regulation (B .C. Reg. 443/98), Fort St. John Community Airport Improvements Exemption Regulation (B.C. Reg. 433/97), Kamloops Community Airport Improvements Exemption Regulation (B.C. Reg. 432/97), Nanaimo Airport Improvements Exemption Regulation (B.C. Reg. 342/96), Pitt Meadows Community Airport Improvements Exemption Regulation (B.C. Reg. 444/98), Prince Rupert Community Airport Improvements Exemption Regulation (B.C. Reg. 434/ 97), Smithers Regional Community Airport Improvements Exemption Regulation (B.C. Reg. 445/98), Terrace-Kitimat Community Airport Improvements Exemption Regulation (B.C. Reg. 452/99), Victoria Community Airport Improvements Exemption Regulation (B .C. Reg. 233/ 97), Williams Lake Community Airport Improvements Exemption Regulation, (B.C. Reg. 446/98) (all by B.C. Reg 369 /2003), creates the Community Airport Exemption Regulation (B.C. Reg 369/2003), repeals B.C. Reg 85/93 (Prescribed Enactment (Municipal) Regulation), B C. Reg. 324/92 (Property Class Regulation (Municipal) and creates the Assessment Averaging and Phasing Regulation (all by B.C. Reg 370/2003) , repeals B C. Reg 75/93 (Property Class Percentages Regulation) and creates the Converted Value Percentages Regulation

Legislative Update

Continued from page 13

(all by B C. Reg 371/2003), amends B.C. Reg. 345/2002 (Greater Victoria Community Port Improvements Regulation) and B.C. Reg . 485/ 83 (Industrial and Business Property Exemption Regulation) (all by B.C. Reg. 372/2003), B.C. Reg. 326/94 amends the Vancouver International Airport Authority Industrial and Business Property Exemption Regulation (B.C. Reg 424/2003) by adding "Community Charter " to the Schedule to the regulation, repeals B.C. Reg. 352/89 (Municipal Bylaw Enforcement Regulation) and creates the Community Charter Bylaw Enforcement Ticket Regulation, (all by B.C. Reg. 425/2003), repeals B.C. Reg. 62/84 (Municipal Act Tax Regulation) and creates the Municipal Tax Regulation (all by B.C. Reg 426/2003), creates the Definition of "Wildlife" Regulation (B.C. Reg. 427 /2003)

Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003, creates the Community Charter Interim Regulations (effective January 1, 2004, B.C. Reg. 429 /2003) and repeals B.C. Reg 428/2003 (effective January 1, 2004, B C. Reg. 465 /2003)

Degree Authorization Act, amends B.C. Reg. 11/68 (Bonding Regulations) (effective November 6, 2003 , B.C. Reg. 405/2003)

Employment Standards Act, amends B.C. Reg 396/95 (Employment Standards Regulation) to redefine the definition of "farm worker " (effective November 28, 2003, B.C. Reg. 432/2003) and to add Part 7 1 conditions of employment for children (effective December 14,2003, B.C. Reg 431/2003)

Forest Act, amends B.C. Reg 552/78 (Advertising, Deposits and Disposition Regulation) and B.C. Reg . 265/88 (B.C. Timber Sales Regulation) (effective November 4, 2003, B.C. Reg. 403/2003)

Forest Practices Code of British Columbia Act, amends the B.C. Reg. 182/98 (Administrative Remedies Regulation), B.C. Reg. 286/ 2001(Bark Beetle Regulation), B.C. Reg. 351/ 2002 (Forest Road Regulation), B.C. Reg. 107 I

98 (Operational and Site Planning Regulation ), B.C. Reg. 352/2002 (Timber Harvesting and Silviculture Practices Regulation) and B.C. Re g 325/98 (Woodlot Licence Forest Management Regulation) (effective December 12, 2003, B C. Reg. 466/2003)

Islands Trust Act, amends B.C. Reg. 119/90 (Islands Trust Regulation) regarding the conduct and remuneration of trust body members and application of the Community Charter and the Local Government Act to trust bodies (effective January 1, 2004, B.C. Reg. 469 /2003)

Labour Relations Act, creates the Labour Relations Board Fees Regulation, increasing and setting fees for services provided by the Labour Relations Board (effective January 5, 2004, B.C. Reg. 395/2003)

Local Government Act, amends B.C. Reg. 380/93 (Local Government Elections Regulation) (effective January 1, 2004, B.C. Reg. 365/ 2003)

Manufactured Home Park Tenancy Act, creates the Manufactured Home Park Tenancy Regulation (effective January 1, 2004, B.C. Reg. 481/2003)

Persona/Information Protection Act, creates the Personal Information Protection Act Regulation (effective January 1, 2004, B.C. Reg. 473/ 2003)

Piupwty J)&JSfarr TsxAc( creates the McLeod Lake Indian Band Treaty No. 8 Adhesion and Settlement Agreement Exemption Regulation (effective December 12,2003, B.C. Reg. 474/ 2003)

Public Service Act, repeals the Public Service Appeal Regulation (B.C. Reg. 133/94) and creates the Review of Staffing Decisions Regulation (effective December 1, 2003, B.C. Reg. 443/ 2003)

Public Service Benefit Plan Act, amends Extended Health Care and Dental Plans Regulation (B C. Reg 403/97) and the Group Life Insurance Regulation (No. 1) (B.C. Reg. 408/97) (effective November 28, 2003, B.C. Reg. 444/ 2003)

Residential Tenancy Act, creates the Residen-

tial Tenancy Regulation and repeals Manufactured Home Pad Assignment and Sublet Regulation (B.C. Reg. 161/2000), Manufactured Home Pad Rent Increase Regulation (B C. Reg. 264/98), Rent Adjustment Regulation No. 2 (B.C. Reg. 370/99), Residential Tenancy Regulation (B.C. Reg . 125/2001) and Tenancy Agreement Regulation (B.C. Reg 49 /96) (effective January 1, 2004, B.C. Reg . 477 /2003)

Vancouver Charter, amends B.C. Reg 380/93 (Local Government Elections Regulation) (effective January 1, 2004, B.C. Reg. 365/2003)

Waste Management Act, amends the Contaminated Sites Regulation (B C. Reg 375/96) (effective December 1, 2003, B C. Reg. 419 /2003)

NEW BILLS TO NOTE

Information is current at the time of preparing this article from November 1, 2003 to January 2, 2004. Lawyers should refer to the original version of the specific Bill for its current status at First, Second or Third Reading or Royal Assent.

B.C. Hydro Public Power Legacy And Heritage Contract Act, s .B.c. 2003, c. 86 (Bill 85)

Summary: Bill 85 repeals the Hydro and Power Authority Privatization Act [1988] and also permits the B.C. Hydro and Power Authority to sell or dispose of protected assets

In Force: On Royal Assent November 20, 2003

I n Forc e: On Royal Assent December 16, 2003

British Columbia Railway (Revitalization) Amendment Act, 2003, s B.c. 2003, c. 91 (Bill89)

See Acts In Force and Regulations To Note

Health Sector Partnerships Agreement Act, s .B.C. 2003, c. 93 (Bill 94)

Summary: Bill 94 applies to health sector partners who enter into agreements with private sector partners to build or renovate health care facilities.

In Force: By regulation

Coastal Forest Industry Dispute Settlement Act, s.B C. 2003, c 103 (Bill 99)

Summary: Bill 99 imposes a legislative framework to end the coastal forest industry dispute between unionized employees and employers.

Insurance (Motor Vehicle) Amendment Act, 2003, S B.C. 2003, c. 94 (Bill93)

Summary: Bill 93 repeals the title of the Insurance (Motor Vehicle) Act, R.S.B .C. 1996, c. 231 and substitutes it with the Insurance (Vehicle) Act. Bill 93 requires the Insurance Corporation to provide universal compulsory vehicle insurance if required by regulation .

In Force: By regulation

Medicare Protection Amendment Act, 2003, S B.C. 2003, c 95 (Bill 92)

Summary: Bill 92 amends the Medicare Protection Act including provisions respecting: the Medical Services Commission, general limits on direct or extra billing, audits, injunctions, offences and fines

In Force: By regulation

Miscellaneous Statutes Amendment Act (No . 3), 2003, S.B.C. 2003, c . 96 (Bill90)

Summary: Bill 90 amends 23 statutes, including the Assessment Act to: expand definition of "assessment" and create the general rule that all property is subject to assessment, Assessment Authority Act to expand the definition of ''assessment," B.C. Benefits Statutes Amendment Act, 1997 to repeal "not in force" amendments,

The Counsel Network has been selected as the CBA's preferred supplier of lawyer recruitment services. "The Counsel Network has worked with our British Columbia, Alberta, Manitoba and Saskatchewan Branches and has now been chosen as the national CBA's recruiter of choice ," said CBA Executive Director John Hoy les "The Counsel Network has a successful track record of providing law firms and companies with expertise in lawyer recruitment and lawyer career consulting "

For details on this and other CBA preferred suppliers , visit: www.cba.org/CBA/psn/ Main/

Legislative Update

Continued from page 15

Credit Union Incorporation Act to exempt specified entities defined under the Financial Institutions Act from the definition of "subsidiary" and to allow central credit unions to dispose of their assets to Canadian financial institutions within the meaning of the Cooperative Credit Associations Act (Canada) and designated by regulation, Election Act to eliminate the requirement to conduct a general enumeration and to permit the Chief Electoral Officer to remove a name from the Provincial list of voters if, on any enumeration, it appears that the person is no longer resident in the electoral district for which that person is registered, Enforcement of Canadian Judgments and Decrees Act to correct a chapter number reference error, Family Maintenance Enforcement Act to add default fees to the definition of "maintenance," grant priority, at default hearings and generally, to arrears owed to the Province over arrears owed to other jurisdictions and to default fees and to stipulate that a court-ordered reduction of arrears is applied in order. Bill 90 also amends the: Financial Institutions Act to allow central credit unions or Canadian financial institutions within the meaning of the Cooperative Credit Associations Act (Canada) to be liquidity providers to credit unions and to exempt certain institutions from the definition of "related party," Forest (Revitalization) Amendment Act (No. 2), 2003 to correct a typographical error, Freedom of Information and Protection of Privacy Act to repeal a reference to the Medical and Health Care Services Appeal Board eliminated by Bill 90, Health Care (Consent) and Care Facility (Admission) Act to eliminate the Health Care and Care Facility Review Board and references to it Health Care (Consent) and Care Facility sion) Amendment Act, 2002 to repeal "not in force" amendments regarding the Health Care and Care Facility Review Board, Land Title Act to, as enacted by section 2 of the Land Title Amendment Act, 1999, S B C. 1999, c. 35, permit the Director of Land Titles to designate, instead of being prescribed by regulation, specified matters for the purposes of electronic registration and filing of documents. Bill 90 also amends the : Land Title Amendment Act; 1999 to add new definitions including one for "electronic return" and add new sections regarding

electronic returns and evidence of electronic returns, Medicar e Protection A ct to eliminate references to the Health Care and Care Facility Review Board repealed by Bill 90, Miscellaneous Registrations Act, 1992 to amend the definition of "financing statement" to correspond with requirements for electronic filing under the Personal Property Security Act, Mortgage Brokers Act to expand the provision, by regulation, to set fees to be payable for different categories and for different activities, Motor Vehicle Act torepeal a general provision requiring pedestrians to comply with traffic control systems and torepeal the provision that prohibits a person from racing a horse or other animal on a highway . Bill 90 also amends the Personal Property Security Act to amend the definition of "financing statement" to eliminate the requirement for printed statements in order to restrict the filing of financing statements to only those by electronic filing, Public Sector Employers Act to eliminate references to the Health Care and Care Facility Review Board repealed by Bill 90, Real Estate Act to expand the power to make regulations for the prescription of specific fees, Representation Agreement Act to eliminate references to the Health Care and Care Facility Review Board repealed by Bill 90, Safety Standards Act to add a new Part 15 to permit transitional appropriations for allocation of long term fees to the B.C. Safety Authority, Strata Property Act to validate lawsuits and arbitrations undertaken by strata corporations and to permit an electronic application for registration accompanied by an electronic declaration as required under Land Title Act (as amended by Bill90).

In Force: On Royal Assent December 3, 2003 except for: section 9 (B .C. Benefits Statutes Amendment Act, 1997), sections 10 to 13 (Credit Union Incorporation Act), sections 19 to 22 (Family Maintenance Enforcement Act) sections 23 to 25 (Financial Institutions Act), sections 37 to 44 (Land Title Act), section 45 (Land Title Amendment Act, 1999) and section 63 (Strata Property Act) which all come into force by regulation

Parks and Protected Areas Statutes

Amendment Act, 2003, s.B C. 2003, c 98 (Bill84)

Summary: Bill84 amends the Park Act including to: permit the Minister to issue park use permits for resort and tourism development and permit petroleum and natural gas exploration and extraction in parks and recreation areas. Bill 84 also amends the Protected Areas of British Columbia Act to repeal and replace the legal descriptions for the following parks: Inkaneep Park, Rubyrock Lake Park, Spatsizi Plateau, Wilderness Park, Omineca Park, Graham -Laurier Park, Pine Le Moray Park and Tunkwa Park.

In Force: On Royal Assent De cember 2, 2003 except for section 4 (b) and (c)(Protected Areas of British Columbia Act for Omineca Park and Graham-Laurier Park) which come into force by regulation

In Force: On Royal Assent December 2, 2003

Railway and Ferries Bargaining Assistance Amendment Act, 2003, s.B.C. 2003, c. 99 (Bill 95)

Summary: Bill 95 amends the Railway and Ferries Bargaining Assistance Act to add a definition of "Code" to refer to the Labour Relations Code and to update references . The Railway and Ferries Bargaining Assistanc e Act permits the government to impose a 90-day cooling off period if it determines that a disruption of ferry servi ces threatens the economy or well-being of British Columbians

Significant Projects Streamlining Act, s.B.C. 2003, c. 100 (Bill 75)

Summary: Bill 75 permits the Lieutenant Governor in Council to designate a project as a provincially significant project.

In Force: On Royal Assent December 2, 2003

Call for Nominations: National Standing Committees

Supply Act, 2003-2004, (Supplementary Estimates, No. 2) S.B.C. 2003, c . 101 (Bill98)

Summary: Bill 98 authorizes the payment of monies to supply for the operation of government programs for the 2003-04 fiscal year.

In Force: On Royal Assent December 2, 2003

The CBA seeks candidates for its National Standing Committees for 2004/2005

All CBA members are e li gible to apply for positions on the following committees : Awards

Communications

Continuing Legal Education

• Equality

(Amendment to Bill 73) may be repealed by regulation. Section 86 (Confirmation and validation of B.C. Reg. 411/95 (Classification of Land as a Farm Regulation) is deemed to have come into force on September 29, 1995 and is retroactive.

Timber Licences Settlement Act, S.B.C. 2003, c. 102 (Bill 96)

Summary: Bill 96 clarifies the application of amendments which phased out the royalty system of payments . Those amendments were made by the Forest Amendment Act, 1995, S B.C. 1995, c 24 to the Forest Act Bill 96 provides, among other things, that: nothing in the Forest Amendment Act, 1995 or Bill 96 gives rise to a claim for compensation or damages and no legal action may be brought against the government as a result of these amendments . Specified sections of Bill 96 are deemed to hav e come into force on April1, 1995 and are retroactive .

In Force: On Royal Assent December 2, 2003 Continued over

• Ethics and Profess ional Issues

International Development Judicial Compensat ion and Benefits

Legal Aid Liaison

• Legislat io n a nd Law Reform

• Pro Bono

• Resolutions , Constitution and Bylaws

Supreme C o urt of Canada Liaison

For information and an appl ic ation form visit the home page of the CBABC Web site (www.bccba.org) or contact Joanna Federici at the CBABC. The deadline for applications is noon, Thursday, April 15, 2004

Legislative Update

Co ntinued from page I 7

Practice

Directions

The Chi e f Judge of the Provincial Cou rt of B.C. is sue d t wo new Pr act ic e

D ir ect ions dat ed No vember

2 5, 2003 re latin g to t he C riminal Ca s eflo w Managemen t Ru le s - Arra ignme nt

He a rings a nd El ect ions

The y can be ac ce sse d th r oug h th e Pr ov inci a l Court Web sit e : www prov inc ia lco u r t bc c a

Wildfire Act (Bill 91) (First Reading Nov ember 24, 2003)

Summary: Bill 91 is an exposure bill and creates a new statute regarding wildfire matters Bill 91 include s existing provisions of the Forest Practices Code of British Co lumbia .

In Force: By regulation

REPORTS AVAILABLE

Consultation and Review of the Freedom of Information and Protection of Privacy Act (December 2003) . Public hearings and written submissions to government by February 27, 2004. Source : Legislative Assembly Special Committee Available at: www.legis.gov.bc.ca/ cmt/37thparl/ session-4/ foil index htm

Deregulation Project Quarterly Progress Report (7th To Date) (November 2003) Source : Minister of State For Deregulation A v ailable at: www .deregulation.gov .b c.ca / reports / September03 /DEREG nov 10 pdf

Information and Privacy Commissioner Request For Comment on the Application of the Personal Information Protection Act, S.B.C. 2003, c 63 (Bill 38) (November 2003) Sour ce : Information and Privacy Commissioner Available at: www oipcbc.org/

Report on Teacher Collective Bargaining (November 2003). Source : Ministry of Skills Development and Labour. Available a t : www.labour .gov .bc .ca/teacher -bargaining/ welcome htm.

Standards of Conduct for Practice and Procedure for Lay Advocates before the Workers' Compensation Board of British Columbia (WCB) (November 2003) Source: WCB Available at: www .worksafebc .com/publi cations/ how to work with the wcb/ standards_of conduct/pub 30 10 10 asp .•

Busy New Westminster Bar Hosts Two Events

The New Westminster Bar Association held i t s annual Christmas Party at La Rustica restaurant in New Westminster on De cember 12 The event featured good company, great food , dancing and door prizes, including a wonderful overnight pa ckage donated by the Four Seasons Hotel, won by Herman Cheung of Goodwin & Mark.

On January 20, t he annual Judges' Dinner was held at the Shera t on Guildford Hotel. More than one

Clockwise from left front: Roy Swartzburg , Ke rri Duncan, Jim Dunne , Janet Dickie, Craig Giles , and Richard Garneau hundred lawyers attended to hear Mr. Justice Lance Bernard and Judge Ron Caryer describe the perils of being pulled under the bench with their robes caught in the whee ls of their chairs

New Justice Eric Rice, 2001-2002 National CBA Pres i dent, r egaled t he group with his views of h ow deserving Justi ces Lance Bernard and Stephen Kelleher were of appointment.

Justice Kelleher and Judges Peder Gulbransen and Rory Walters also entertained with stories of their experiences The annual event is sponsored by the NWBA to welcome all newly appointed judges who practised in Wes t mins t er County or who will sit in the Lower Mainland .

Allan Seckel, QC

Deputy Attorney General

B.C.'s New Deputy Attorney General

Interview with Allan Seckel, QC

On behalf of BarTalk readers, we asked Deputy Attorney General Allan Seckel, QC to answer a few questions, now that he's had nine months in h i s new position For a brief biography of Mr. Seckel, see www .bcjusticereview.org .

What made you say 'yes'?

There were a number of reasons, and it's hard to single one out over another. In part I saw an oppor t unity to take on a new challenge that could engage a number of my interests. The position of Deputy Attorney General allows me to be involved in law reform, public policy and administration and still be legal counsel. I also have a strong commitment to public service and the position gives me a chance to make a contribution in that area as well.

What makes you a good 'fit' for the job?

My interest in both law and administration is at least part of the answer to that question. I can also say that I am really enjoying the many cha ll enges of the job and especially the opportunity to work with many other dedicated and committed professionals in the public service

What's been the biggest challenge so far?

The volume of information that funnels through the office of the Deputy Attorney General is incredible. It's much more than I could have imagined before I started . So managing the flow of issues is quite a challenge.

I have also spent a lot of time trying to connect with many of the people who make up the Ministry and the justice system in B.C. It's a very large group made up of many talented professionals with a decided viewpoint on how the justice system should operate. Trying to accom-

modate all of the perspectives and still achieve anything is a big challenge .

Another challenge is trying to encourage ongoing thinking about innovative ways to improve the justice system other than by just spending more time and money doing more of the things we already do

What are your current priorities?

The Ministry has a number of functions, and I have priorities aligned to each of the functions As the legal advisor to government, I want t o ensure that the Ministry continues to improve the quality of advice and service it provides to its 'clients .' Internal surveys across government already rate this very highly, but I have learned that government lawyers are motivated to make continuous improvement in this regard, and I want to he lp with that process in any way that I can I also want to assist the Ministry, in its role as a centre of law reform, by improving the justice system to make it more fair, accountable, affordable, accessible, and efficient. And in terms of administration of the courts, I want the Ministry to work with the Judiciary to ensure that our courts operate effectively, affordably and in a manner that is accountable to the public, all the while preserving and protecting the independence of the judiciary to decide cases fairly and impartially .

What do you want your legacy to be?

I think my priorities give a sense of some of what I would like to accomplish and when I am no longer the Deputy Attorney General, I would like people to say that I added va l ue while in the role and inspired others to reach their own professional goals •

Maureen F. Fitzgerald

Maureen F Fitzgerald is a lawyer and the author of the book Mission PossibleCreating a Mission for Work and Ufe, now ava il able in bookstores. She will speak in Vancouver at the Wellness Show on February IS'" (www thewe llnessshow.com). For more information, e-mail info@thefitzgeraldgroup ca

Make Your Resolutions Reality The secret to making goals stick

ach year we make new resolutions, yet within a matter of weeks they have fallen by the wayside. Why don't they stick? The answer is often because they are too small. Many are really tasks that simply get added to a to-do list. Many do not fit within the larger objectives that you have set and some are inconsistent with your other goals.

I would like to share some tips from my new book Mission Possible - Creating a Mission for Work and Life (Quinn Publishing, 2003), to guarantee that your goals stick.

1. Define your destination or personal vision. Visualize where you want to be in the future. This is your ideal life or your personal definition of success. Describe your ideal day. See it as a wonderful place that is just on the horizon. Sense how it would feel to be there. Smell it, taste it, hear it. What do you see yourself doing? Where are you living? How do you feel? From this write out a vision statement, share it with those close to you and read it every day. The more conscious you are of what you want, the more likely it will happen.

2 Identify your unique capabilities and strengths. Identify how you are unique. Avoid simply listing an inventory of skills and abilities. Look at your particular assets and approaches and allow your uniqueness to surface. Think of a metaphor that describes you . Are you a tree? A boat? Tarzan? What does this metaphor say about who you are and how you work? Is it rigid or flexible? Is it capable of growth and change? Draw it on paper and you will discover hidden thoughts you have about yourself- both positive and negative.

3. Develop your own mission statement. Write your own mission statement describing what you want to accomplish in order to achieve your vision. This will give clarity and direction to your life and work. To develop your mission, ask yourself: What action do I want to take? Who is my audience? and What

change do I want to bring to my audience? Write your mission down and tell others about it. Revise it over the following months

4. Set meaningful and measurable goals. Goals bring life to your mission. They describe the specific way in which you will achieve your mission. In order to set your goals, first list the ways in which you could achieve your mission. These possibilities could include working at your current job, becoming a consultant, teaching, selling and so on. Then for each possibility do a SWOT analysis. This means assessing your strengths, weaknesses, opportunities and threats. This will result in a personal portfolio of goals.

5. Take Action. In order to take action, you must have confidence. You must make a conscious decision to be successful and begin living your vision and mission. Surround yourself with people who support you. Adopt positive attitudes and challenge any negative thoughts you might have that are preventing you from being successful. Have courage in the face of setbacks. Stay focused and live consciou s ly toward the realization of your dreams. •

Nanaimo Lawyer to be CBA 2"dVP

J. Parker MacCarthy, QC, of Nanaimo, will be acclaimed National Second Vice-President of the CBA at the Mid-Winter Meeting of Council in February. He will become CBA president in August 2006 . Please see Mr. MacCarthy's biography: at ww.cba.org/CBA/ news. •

J. Parker MacCarthy, QC will become CBA president in August 2006

Law Week is April12-17, 2004

Diversity: Celebrating Your Right To Be Unique

aw Day celebrates the anniversary of the Charter of Rights and Freedoms, each year with a different themethe 2004 theme is "Diversity : Celebrating Your Right To Be Unique." In B.C., Law Day has expanded to a full week of events celebrated throughout B.C. Events are often organized by lawyers in their local communities, e .g ., a mock trial competition will be held in Victoria. New this year is a Law Week Sk Fun Run / Walk and a new venue for the Law Week Open House in Vancouver

Volunteers are needed for the Open House, the Sk Fun Run/Walk, and the Dial-A-Lawyer Program . To lend a hand, please e-mai l cba@bccba.org with the subject "Law Week Volunteer" or call Rose Fabbro at 604-6873404, ext. 313 or toll free 1-888-687-3404.

OPEN HOUSE

The Law Week Open House in Vancouver has a new venue! It will be held at the Vancouver Law Courts on Saturday, April 17 between 10 a.m. and 2:00p.m., with keynote speakers stepping up to the podium at 12:00 noon.

Members of the public and the profession are invited to view the following:

• two citizenship ceremonies;

• mock trials performed by students in the courtrooms;

• displays providing information and activities to educate the public about the justice system; and

• the B C.-wide CBA pub lic speaking contest.

An open house schedule will be posted at www bccba org by April2

SK FUN RUN/WALK

Join us for the CBA's first annual Law Week 2004 Sk Fun Run/Walk . This family event will

take place at UBC on April 4 at 9:00 a .m . The entry fee is $20 per person (children 14 and under may enter for free). The event is stroller and wheelchair accessible No pets please. See the related insert in this issue and register today!

DIAL-A-LAWYER PROGRAM

The CBA will hold its province -wide "Dial-ALawyer" program on April 17 between 11 :00 a .m. and 3 :00 p.m . During that time, members of the public are invited to call the Dial -A-Lawyer numbers to speak with a lawyer about alegal problem for up to 15 minutes The Dial-ALawyer numbers are 604-687-3221 in the Lower Mainland , and toll free in B.C. 1-800663-1919 .

STUDENT MENTOR PROGRAM

This program has been successful for many years, due to strong support from CBA members . The program matches students with lawyers for a half-day in the lawyer's workplace

In response to expressed interest, students in Nanaimo were able to take part in the program for the first time last year That involvement will continue this year as students in both Nanaimo and the Lower Mainland will have the opportunity to explore law as a career option.

PROVINCE-WIDE YOUTH CONTESTS

Public Speaking: The annual Barry Sullivan Law Cup public speaking contest is open to students enrolled in Law 12 classes throughout B.C. The speeches will reflect the impact of the law on the life of all Canadians The contest will be held at the Open House at the Vancouver Law Courts on April17. Interested parties are welcome to listen to the speeches .

Photo and Short Story: These two contests are open to students throughout B.C. This year students will focus on topics stemming from the broad theme of diversity. The winning stories will be published on the CBABC Web site once the winners have been selected. •

Frank Kraemer

Executive Director

B.C. Branch, Canadian Bar Association

Once is neve r enough!

If you have changed firms, changed addresses , have a new e-mail address or phone/fax number , you need to let us know. Letting the Law Society in on the secret is not enough!

Contact us at data@bccba org, phone 604687-3404 or fax 604-6 69960 I. (Tall free options: phone 1-888-687-3404 or fax 1-877-669-960 I).

It's A New Year! Something for you and your practice

t's a new year and time to think about doing new things, both for yourself and your practice In this column, I would like to outline more information for you about the new CBA RRSP plan and information to help you and your firm plan for and deal with potential disasters

Fir st, allow me to speak about the RRSP .

CBA, together with the Canadian Bar Insurance Association have incorporated CBA Financial Services Corporation It is through this corporation that financial services will be made available to members. One of the first services to be made available is a registered retirement savings plan. That plan is now available to y ou as a member, your family and your law firm staff. Existing amounts in RRSPs can be rolled over into the plan and , of course, new contributions can be made.

CBA Financial has entered into an arrangement to have the plan managed by Manulife Financial. CBA Financial has been able to negotiate very competitive management fee rates -1 per cent less than current market rates There are no front or backend loads or charges for joining or leaving this plan.

Manulife Financial is offering a broad range of investments to meet the diverse investment needs and desires of members. Account and investment information and ability to perform transactions are available 24/7 online and members can obtain answers to account, investment and retirement planning questions by phone during the day .

You can enroll in this plan online or through our CBIA representative, Mass & Company Financial Planning Inc 604-688-8790 or toll free 1-888-477-5630 or at www masscomm@telus. net. For further information visit www .bccba.org and click on the RRSP link.

The second topic I want to cover is law firm disaster planning As you know, in the last

year we have witnessed events such as the SARS outbreak , mad cow disease, a massive electrical failure in eastern Canada and the US, extensive forest fires in many parts of B.C. as well as floods. These horrific events that we once thought highly unlikely, now seem to be becoming almost common place

In the same way, electrical failure, computer viruses, fires and floods can all cause very serious disruption to your practice. You cannot get a guarantee that a catastrophic event will not occur, but you can take preventive steps to reduce its impact and have a plan that will help you through it.

Recently, former National Treasurer Robert Patzeit, General Counsel and Group Risk Manager for Scotia Investments Ltd., delivered an online presentation entitled "Surviving Chaos In Times Of Crisis : Disaster Recovery For Small And Medium Size Law Practices "

The presentation provides detailed information on steps to take to prevent disaster and how to develop plans for dealing with it should it occur. The full text of the presentation is available online through Practice Link at www.cba .org. The paper contains many useful suggestions and checklists and is well worth your consideration.

Finally, having just entered a new year, I would like to extend to each of you my best wishes for a happy, healthy and prosperous 2004 I look forward to working with you in the coming year .

Lawyer Referral Service

Lawyers are invited to partic ipate in the Lawyer Referra l Serv ice A reg istration f orm is pos t ed at www.bccba org in the Members' Guest Lounge

For mo re informat i o n , ca ll Lorna O'Grady at 604646-7858 or to ll free 1- 888-687 -3404, ext 3 0 9

Funded by the Law Fo undat io n of B C P ublic service of the Canadian Bar Assoc iation , B.C Bra nch

Portrait of A Sole Practitioner

Nanaimo's Ted Boe

,_. here are various motivations for becoming a sole practitioner: lifestyle factors; the desire to be your own boss; or perhaps even to fill in the time between jobs at firms.

For Nanaimo lawyer Ted Boe, opening an office at home was a lifestyle choice. "I wanted every night to feel like Friday night and none to feel like Sunday night," he said. His decision to go solo didn't come easily, but rather at the end of a fast and dirty fight with cancer, (Hodgkin's Lymphoma) which he won after rounds of chemotherapy in early 2000. Ted gradually returned to work, cured of the cancer which was attached to his heart and lungs, but by summer found himself unable to workburned out physically and emotionally.

While off work during 2001, Ted had time to heal what chemotherapy can't. After almost 20 years as a lawyer, he found himself looking for answers. What did he want from life? He'd survived cancer, but now what? Ted unknowingly followed Toronto psychologist Sharyn Salsberg Ezrin's recommendation: you don't recover from bum out by resting, but "by reconnecting to your world in a meaningful way."

Ted enjoys working with people and with youth-he coaches his daughter's high school basketball team. "You've got to step back and analyse your life and determine what makes you happy," he says. "I was always very destination driven, but you have to enjoy the journey. I thought about quitting law and opening a McDonalds," he says. "I love dealing with people, but I wanted to get rid of stress: the overhead, and the rigidity of 9-5 or 8-7 . The people who truly love their jobs there is often overlap between their work and play." Ted read the helpful book What to Do With a Law Degree. Ted wishes he'd contacted LAP during that time, but he thought LAP was related only to addiction problems, when in fact the range of their assistance is much greater.

In January 2003, while working out of his

home he started to think about building an office on his property-now completed.

Being a self-described "N anaimo guy" Ted has many local connections . He sent 300 letters with the basic message: "I've beaten Sole practitioner Ted Boe cancer and I'm back at work."

Connections are key for bringing in business . "The best advertising is doing a good job for people," says Ted. He receives referrals from other lawyers, including a neighbouring solicitor, who also has a home office. "I'm a litigator, so we can send each other files. "

Going solo was an eye opener as to how fast time flies. "I thought it would be relatively easy to bill six hours a day, but it's tough to do that," he says. "It's amazing how quickly the days go when you have to do your own accounting too, and remit PST and CST." Ted has a secretary two days a week and he hopes to have a secretary five days a week in future.

Ted says he didn't really appreciate the work involved in starting a law office, such as setting up a trust account and dealing with the law society. "But once I was up and running I was surprised at how relatively easy it was."

Ted's goals for 2004 are to increase his practice, finish up his office, keep an eye on balance and exercise more. Balance is key- he wants to be busy, but not too busy. "Before you know it, you have more files than you want," he says.

When asked what he misses about working in a law firm, he says "If I ever had a problem I could walk across a hallway and pick someone's brain." Then he adds, "Now I have a network of colleagues that I can call." •

Tony Wilson

Tony Wi lson is a Franchise and Intellectual property lawyer at Cawkell Brodie , and has written for the Globe and Ma il, the Vancouver Sun and Maclean s magazine. His e-mail address is twilson@cawke ll.com

The Four Horsemen of the Apocalypse Office edition

've discovered the modern day version of the Four Horsemen of the Apocaly pse They all waste our time, annoy the hell out of u s and combined with reality telev ision and the National Enquirer, more or less signal the collapse of Western Civilization as we know it. They are, in no particular order: (1) Telernarketers; (2) Junk Mail purveyors; (3) Sparnrners; and (4) Purported Nigerian Civil Servants with free millions to give you. Here's a log of my successes and failures with these time bandits , and, thanks in part to Andy Rooney, how I've learned to deal with them

Junk Mail. It's a pariah, isn't it? But it does serve as useful fuel to start the fireplace on a cold day, or as colorful wrapping for fish . Those of us without fish or fireplaces can save the "postage prepaid" envelopes that come with our bills and send their junk mail right back to them. Return Visa's "Wristwatch Blood Pressure Monitor" ads and Mastercard's Toronto restaurant coupons at their expense! After all, it's theirs anyway . And if Visa gets our junk mail flyers or American Express gets our sweepstakes invitations, perhaps someone will get the idea that if we wanted their sales pitch, we'd ask for it. But until then, they can pay to send it to us, pay to get it back, and pay to get rid of it!

Telemarketers. Instead of asking telernarketers for their horne phone numbers so that I can disturb them when they're eating dinner, I ask them to hold on" just for a second " , then I set the receiver down on the counter and resume eating my dinner (they always phone at dinner , don't they?) until Telus ' telltale "beep, beep, beep" signals that the dreaded telernarketer has given up I'm careful of calls where there's no one at the other end of the line . It's a telemarketing technique where a machine makes the call and note s the time of da y when a live person is horne to answer It ' s so a "real" telernarketer can call back when he knows a living body is there . In these circumstances, I start hitting my# button seven or eight times to confuse the auto-dialer , making it think it's di-

aled a coke machine or my toaster, thus kicking my number from their system

Spam. I'll admit it. I thought I could beat sparn. I actually sent a sparnrner a response . Thanks to the wonders of "cut and paste," my response said the word "Sparn" oh, about five thousand times . I them to stop or I'd taunt them again. My wife told me it was a silly idea, and it was. I now get 15 sparn messages a day from digital cable hucksters, Viagra racketeers, penile enlargement surgeons, drug dealers selling Phenterrnine and, if you can believe it, sparnrners selling anti-sparn software. These sparnrners are as relentless and as numerous as Tolkien ' s Orks . They run rings around my anti-sparn filter by quoting poetry in the subject line, using a "$" instead of an "S," and adopting harmless names like Shawna Hall instead of 44hqornx@yahoo.corn. Apparently you can report sparn activity to a "sparn cop," which reports the sparnrner to the domain, but after my failed brush with revenge, I am at a loss as to what to do I may get doubly sparnrned. New anti-sparn laws and an award of $5 .4 million U.S . against a "bulk faxer" gives me comfort that their doom may be imminent. May the fleas of a thousand camels infest their armpits Better yet, I wish them and their domains many viruses in the new year .

Alleged

Nigerian Civil Servants . Is it safe to say that nobody in their right mind believes that an ex-civil servant in Nigeria is prepared to pay me $300,000 for my bank account number for a week so that he can get $1,000,000 out of the country safely? How does a Nigerian civil servant earn $1,000,000, when the Canadian Prime Minister receives around $150,000 per year? Sure they're all scams, but don't they know that we know they're all scams? Tell you what. As part of my research, I think I'll repl y to one of these and play it out to the bitter end just to see what happens. At best, I'll make $300,000 At worst, maybe I'll have an address to forward the junk mail and the sparn to .

I'll let you know

2004 Lawyers Directory

1a Your online resource

he CBABC launched a new Online Lawyers Directory on January 15, 2004. The Online Lawyers Directory is an electronic version of the CBA ' s popular commercial publication, the CBABC Directory. Do you need to locate a lawyer with a second language or a preferred area of practice? The Online Lawyers Directory is your online resource Online information includes: alphabetical and geographical member and firm listings; lawyers with second languages; preferred area of practice listings; B.C. and federal government listings; judiciary and court services information; and maps for court locations, bailiff areas and land districts and more.

Online Directory licences can be purchased through the CBABC by calling 604-687-3404 or toll free 1-888-687-3404.

CBA'S LAW-PRACTICE PORTAL PRACTICELINK

Launched in August 2003, PracticeLink offers practical tools, information, tips, and ideas to

8th

help cope with the day-to-day issues of running a law practice . The site provides case studies, checklists, articles and "how-to's" on subjects including billing, marketing, client care and technology, all in the context of helping lawyers strike a balance between work and home life. PracticeLink can be accessed online at www cba.org

DID YOU KNOW?

Several software manufacturers worldwide use non-transparent techniques to transfer software updates online. Non-transparent transfers can put confidential information stored on your computer at risk, thus, restricting your ability to meet legal responsibilities or to ensure security of data. Security experts warn that your browsing habits and confidential information stored on your computer could be transferred to a software manufacturer while downloading their software update.

Do you have a Web question? What would you like to see online? E-mail pjordan@bccba.org or call 1-888-687-3404, ext. 317 or 604-646-7861 •

Annual CBANBA Golf Tournament

Back FORE more, June 24!

Join fellow members of the legal profession on Thursday, June 24, 2004 in a fun-filled day of golf and prizes at the 8th Annual CBA/VBA Golf Tournament! Hit the links, network with colleagues and support CBA Student Awards. Register before May 1, 2004 (Early Bird) for just $140 (incl GST); after May 1 $155 (including GST) Your fee includes :

• 18 holes of golf ("Best Ball" format);

• lunch and beverage voucher;

• buffetdinner;

• silent auction; and

• lots of prizes!

The registration deadline is June 17, 2004- call your favourite golfers and assemble your foursome soon!

Proceeds from this tournament fund an annual award for both a UBC and UVic Law Student who best exemplify the ideals served by the CBA. For more information contact Kris Johnson at 604-646-7855 •

Patricia Jordan is the CBABC Manager, Interactive Med ia She welcomes your comments, questions, and suggestions. If you have a quest ion about s ite content, or would like something added to the site, contact her at pjordan@bccba org or call 604-646-7861

Site du jour

www .lexpert.ca

Lexpert is a leading source of news and information about the business of law including a comprehensive " who ' s acting for whom" legal transaction and lawsuit database.

Patricia Jordan

WCB Base Rates Remain Unchanged In 2004

Worker's Compensation Board (WCB) base rates for law offices remain frozen again for 2004, at the reduced rate established following intervention by the CBA last year. The base rate will continue to be $0.15 per $100 of assessable payroll. The maximum wage per worker will be $60,700

Last year the WCB announced a 20 per cent increase in the 2003 base rate for law firm employers. Following intervention by the CBA on

behalf of B.C. lawyers, Sid Fattedad, WCB VP of Finance, initiated a review and found that certain unusual cost awards had skewed our profession's rate trend. Mr. Fattedad then recommended that there be no WCB premium rate increase for law firms in 2003.

For more information on WCB base rates, visit www .worksafebc .com/ for_ employers I premiums •

News From the Manufactured Home Registry

A new Web-based system called MH Online is changing the way lawyers file documents for manufactured homes.

The Manufactured Home Registry has replaced three of its most frequently used paper forms (initial registration, transfer of ownership resulting from a sale, and residential exemption) with electronic filing transactions. After February 2004, the registry will no longer accept paper forms for these filings Instead, qualified suppliers will file through B C. OnLine

Only lawyers, notaries, home manufacturers and parties approved by the Registrar of Manufactured Homes can become qualified suppliers These restrictions deemed necessary to maintain control over key manufactured home filings that affect registration of ownership.

A new Manufactured Home Act and Regulations came into force on December 8, 2003. Copies of the Act and Regulations can be purchased through Crown Publications at 250-386-4636 .

For more information, visit www.fin.gov bc ca/ registries/mhrpg •

Are You Compliant? Prepared For Disaster?

PracticeLink has guides for law firms

This month on Practice Link, read the 10 steps that you should take to ensure that your law firm is compliant with new federal and provincial privacy laws that came into force January 1st.

Also, learn to survive in times of crisis through a new Disaster Recovery Guide for Law Firms Plus, consult the site's Quick Tips for valuable

hints on how to improve your practices and increase your productivity

Coming soon: Articles on the importance of client feedback (including downloadable model client surveys), and how to recruit and retain top talent in today's competitive marketplace

For all this and much more, please visi t www .cba.org/ practicelink. •

Bar Moves

Have you recently changed firms or opened a new firm? Send submissions (maximum 25 words) to "Bar Moves" at cba@bccba.org .

Sukhjit (Sue) Basi, and Opal Wong, formerly of Quay Law Centre, have opened a new law practice in South Surrey called "South Point Law Centre ." They will be focusing primarily on family law.

Hungerford Tomyn (L-R) Opal Wong and Sukhjit (Sue) Basi

Lawrenson & Nichols is pleased to announce that Marika Giles has joined the firm as an associate with the litigation group as of December 2003 .

Derek Brindle, QC has joined the Vancouver firm of Jenkins Marzban Logan where he will continue his practice as counsel in construe-

tion, insurance and general commercial litigation, and in aboriginal law

Manjeet K. Chana has moved from the firm of Peterson Stark Scott to the Law LINE, an advice service for low income individuals, at the Legal Services Society.

John P.H. Nicolls, formerly with Peace Arch Entertainment, has joined Grossman & Stanley in downtown Vancouver. John practises primarily in entertainment law acting largely for film and television producers, distributors and financiers .•

Lawyers On Stage Theatre Presents ...

Lawyers on Stage Theatre (LOST) presents The Man Who Came to Dinner, February 27 & 28 at the McPherson Playhouse. This event, supported by Victoria's legal community and the CBABC, is an annual fundraiser for Kaleidoscope, Victoria's only professional resident theatre company for young audiences .

The two 8 p.m. performances include a gal a reception, silent auction, and the chance to see your peers on stage! The cast is composed of lawyers, law professors, law students, and legal assistants. Tickets are $35 and are available through the McPherson Box Office 250-3866121. •

Whiteside and Doctor Bradley.

Battle of the Bar Bands Will Rock Again!

The Battle of the Bar Bands returns to the fabulous Commodore Ballroom on Friday, June 11. Last year more than 850 people rocked to the

music of nine competing bands, while raising more than $35,000 for the CBA Lawyers Benevolent Society. Stay tuned for ticket info •

QC Appointments

Congratulat ions to the following CBABC members who received the QC designation in December 2003:

Joyce W. Bradley

James L. Cassels

• W. Ross Ell ison

David E. Gillanders

Romano F. Giusti

• Catharine Herb-Kelly

John W. Horn

ian D. Izard

• Thomas G Kendall

John L. Leathley

Richard B Lindsay

• John 0. E. Lundell

Charles R. Kennedy

R. Hector MacKay-Dunn

David F. McEwen

• John S. McKercher

David A. Paul

Derr ill W. Prevett

Allan P. Seckel

John G. Tait

Anne K. Wallace

• Kenneth J. Yule

John P.H. Nicolls

Lawyer Peter Johnson (left) and UVic law prof Andrew Pirie (right) were cast as bead sellers in 2003 In "The Man Who Came To Dinner" they'll play Sheridan

Canadian Bar Review Online

The August 2003 (Volume 82 , number 2) edition of the Canadian Bar Review is now onl ine in both PDF and fully-searchable HTML formats. Topics in this ed ition include: Electronic Workplace Surve illance; Solicitor-Client Pr ivilege; Medicare in the Courts; Problems with Judicial Dispute Resolution ; and Sentencing Soldiers in Canadian Military Law.

To read the CBR, visit: www cba org/CBA/ canadian_bar_review/ CBRAugust2003 / August2003.asp

CBA members are eligible to receive , free of charge, an annual bound edition of the Canadian Bar Review containing articles publ ished in the previous 12-month period To obtain your copy, e-mail rev iew@cba org by March 15 , 2004.

Section Enrolment PRIZES

The CBA and the Continuing Legal Education Society (CLE) are happy to announce the winners of the annual CBA Section enrolment draws. Members who enrolled in four or more Sections were eligible to win one of four prizes. Special thanks to CLE for providing the prizes, and congratulations to our winners:

1 . A gift certificate for $700 to be used toward any CLE product(s)

Winner: Jerry McHale, QC, Victoria

February I 0

February 19

February 19-22

February 21

March 6

March 9

March 18

April 2

Apri14

April 13

April IS April 17

April 17

2 . Complimentaryregistrationtoaregular,one day CLE Course (value $375)

Winner: Jeffrey Andrews, North Vancouver

3 Complimentaryregistration to a regular, one day CLE course (value $375)

Winner: Peter Warner, QC, Prince George

4. A gift certificate for $300 to be used toward any CLE product(s)

Winner: Marjorie Mooney, Surrey •

Branch and Bar Calendar February - April 2004

New Westm inster Bar Association Meeting (Westminster Club, 5:30 p.m.)

Kelowna Bar Association Meeting

CBA National Mid-Winter Meeting (Whitehorse, Yukon)

Cariboo Bar Annual General Meeting (Wells , B.C. Contact: Patricia Schmit, QC 250-992-8341)

Kootenay Bar Association Mid-Winter Meeting (Heritage Hotel, Nelson 8 :30 a.m.- II :00 a.m.

Contact: Susan Kurtz, 250-354-1881)

Provincial Council Meeting (Richmond Delta Airport Hotel 9:00 a m.)

New Westminster Bar Association Meeting (Westminster Club, 5 :30 p.m )

Kelowna Bar Association Meeting

Executive Committee Meeting (CBABC Boardroom)

Law Week Sk Fun Run/Walk (UBC , 9 a.m )

New Westminster Bar Association Meeting (Westminster Club, 5:30 p.m.)

Kelowna Bar Association Meeting

Law Week Open House (Vancouver Law Courts I 0:00 a m. - 2:00 p.m )

Law Week Dial-A-Lawyer II a.m -3 p.m.

To announce an upcoming event or meeting in the Branch and Bar Calendar, please call Sandra Webb at 604-687-3404 or toll free 1-888-687-3404 (e-mail cba@bccba.org).

NEW RESOURCES: Mina's Guide to Minute Taking

Eli Mina, MSc, PRP is a professional meeting chairman, seminar leader and Registered Parliamentarian, based in Vancouver . His latest book is Mina ' s Guide to Minute Taking, a compilation of p r inciples, standards and practical tools for recording minutes at informal, formal, and in-camera (closed) meetings. Topics include how to convert discussions into objective and concise summa-

ries, what to record in minutes, how to preserve confidentiality of in-camera meetings, how to address freedom of information issues, how to establish minute taking standards and thereby avoid arguments about minutes, and how to handle the minutes approval process

Mina' s Guide to Minute Taking can be purchased at www .elimina.com . •

CLE Update

LAND TITLE OFFICE E-FILING

In April 2004 the Land Title Branch Electronic Filing System will be launched . Once in operation, the electronic filing system will enable conveyancing professionals to electronically submit land title forms for registration Are you prepared fore-filing?

CLE is pleased to present a series of courses designed to assist you in taking advantage of the new electronic filing system Offered live in Vancouver, Victoria and Kelowna , these courses will deal specifically with the varying needs of your office. Video repeats will also be available throughout the province for both the lawyer and legal support staff programs.

• The Continuing Leaal Education Soci ety of Briti s h ColUmbia

The Course for Technology Staff : February 24,2004 in Vancouv er (offered live and online)

The Course for Lawyers: March 4, 2004 in Victoria, March 9, 2004 in Vancouver and March 23,2004 in Kelowna

The Course for Legal Support Staff: March 5, 2004 in Victoria, March 10, 2004 in Vancouver and March 24, 2004 in Kelowna

Manufactured Home Registry course: March 3, 2004 or April7, 2004 (offered online )

For more information on this series visit www cle bc.ca or call CLE cus t omer service a t 604-893-2121 or 1-800-663-0437. •

B.C. Courthouse Library Society

NEEDS ASSESSMENT SURVEY COMPLETED

The B C. Courthouse Library Society (BCCLS) has completed a province-wide survey of users and potential users of courthouse library services. BCCLS contracted with Synovate, a research firm, to survey lawyers, articled students, other legal professionals, legal referring organizations, and public librarians, on BCCLS services and collections.

This survey will help BCCLS determine if it is positioned to meet the changing demand for legal information resources . Opinions on issues such as technology and electronic delivery of information versus print resources and physical collections are important in ensuring resources are managed effectively. Survey results will be used in reviewing and modifying BCCLS' short and long-term plans.

To Hole Punch or Not To Hole Punch? BarTalk is considering whether to continue its current 3-hole punched format. By NOT hole punching, production costs would decrease

BRITISH COLUMBIA

COURTHOUSE LIBRARY SOCIETY

Highlights from the survey will be publis h ed on the BCCLS Web site (www .bccls.b c.ca) in mid-February, and in an upcoming issue of BarTalk . BCCLS thanks all who participa ted in the survey for providing valuable input in t o their planning process .

TRAINING AND ORIENTATION SESSIONS AT COURTHOUSE LIBRARIES

In the fall of 2003, BCCLS staff visited courthouse libraries throughout B.C. to offer orientations on the new BCCLS Web site, new BCCLS web databases, and electronic resources available in courthouse libraries througho u t B.C. The orientation and training sessions will begin again in the spring of 2004. Look for notices posted at bccls bc ca and at your local cour thouse library, or call 604-660-284 1 or 1-800-665-2570 for more information. •

T he Hon. Cl aire

L'He ureuxDub e to speak at LE AF Brea kfast

West Co ast LEAF presents its 17'"' Annual Equal ityBr eakfast on Friday , March 5 at the Hyatt Regency Hotel. Doors open at 7:00 a. m The breakfast will feat ure the inspiring and engaging Ho nou ra ble Claire L' Heureu x- Dube , who served on the Supreme Cou rt of Can a da between 1987 a nd 2002 and r em ai ns one of this count ry' s foremost activists in promot ing human rights through equ a lity

Proceeds fr om the breakfast, W es t Coast LEAF's sign ature fundra is ing event, w ill support public legal education prog ra ms in communiti es a nd schools

For ticket info r mation plea se call 604 -684-8772 or e - mai l brea kfast@w es tcoastleaf.org

b y approximately $1 ,000 annually . Do the ho le punches matter to you? Let us know by e -mailing cba@bccba.org by March 15th and have your name entered in a draw for a stainless steel CBA travel mug. •

Gratuity Not Included

What are the monetary savings of bagging a lunch over one, two, or even four years?

Test drive the "Lunch Savings Calculator" at www.dinkytown net/java/ LunchSaver html to find out The calculator watches every penny and includes expected rate of return on your savings.

Law Foundation of B.C.

NEW CHAIR- HEATHER RAVEN

The Board of Governors of The Law Foundation of B.C. is pleased to announce that Professor Heather Raven of Victoria has been elected as Chair of the Law Foundation for a two-year term beginning January 1, 2004. Ms . Raven succeeds Donald Silversides , QC of Prince Rupert.

Professor Heather Raven , the new Chair of the Law Foundation of B.C.

Professor Raven (Nakasheohow) is a member of the Broken Head Ojibway First Nation which is located in Manitoba. She has degrees in history and law from UBC and has been a professor at the Faculty of Law at UVic since 1992 . She directs the Academic and Cultural Support Program and teaches Employment Law, Legal Process, Legal Mooting and Aboriginal Law . Prior to 1992, she worked as a labour and litigation lawyer in Vancouver She has been a governor of the Foundation since 1999 and has served on the New Grants, Personnel, Aboriginal Justice and Funding Strategies committees She has also been Chair, for the last two years, of the Policy and Planning Committee Professor Raven has also served on the B C. Police Commission, the Public Service Appeal Board, and the boards of the Canadian Journal of Women and the Law, the Environmental Law Centre and the Victoria Law Centre.

DEPARTING CHAIRDONALD SILVERSIDES, QC

Donald Silversides, QC finished his term as Chair of the Law Foundation in December. Mr. Silversides joined the Board of Governors in 1996 and served on a number of committees, including : Small Grants , Civil Justice Reform, Finance and Administration, Aboriginal Justice Issues , Policy and Planning, and Strategic Planning prior to becoming Chair of the Board in 2001. During his term, Mr . Silversides oversaw the implementation of nine new legal ad-

OFBRITIS l lCOWMillA

vocacy projects in rural communities, the initiation of the Funding Strateg ies Review and the continuation of core funding to over 50 continuing programs despite record low interest rates. The Foundation is fortunate to have had the benefit of Mr. Silversides ' leadership and wisdom over the past eight years .

NEW GOVERNOR- SUZETTE NARBONNE

Suzette Narbonne of Prince Rupert has been appointed by the Law Society as a governor of the Law Foundation for the County of Prince Rupert, replacing Don Silversides, QC. Governor Narbonne earned her law degree from the University of Ottawa. She is a member of the bars of both Manitoba and B.C. and has practised law since 1989 She has a litigation practice in Prince Rupert, was previously a staff lawyer with Legal Aid Manitoba and currently is the supervising lawyer for the Prince Rupert Legal Advocacy Project. When not practising law, Governor Narbonne runs marathons

DEPARTING GOVERNORSHOLTO HE BENTON, QC

Governor Sholto Hebenton, QC finished his term as a Governor of the Law Foundation in December. During his tenure, Mr . Hebenton served on the Finance and Administration Committee, the Bursary, Scholarship and Fellowship Committee, the Policy and Planning Committee and was the Chair of both the Special Needs Fund Committee and the New Grants Committee. We all share a debt of gratitude to Governor Hebenton for his contribution to the foundation, both ov er the past few years and also further in the past. Governor Hebenton was instrumental in establishing the Law Foundation and in developing its mandate and vision in the early 1970's.

FUNDING STRATEGIES REVIEW

The Law Foundation has initiated a Funding Strategies Review of all of its continuing programs The review was announced at a recent meeting of the executive directors of Law Foundation funded continuing programs This review is being undertaken to ensure the

continued alignment of Law Foundation funding with its mission, and to optimize its grantmaking . The Law Foundation wants to use its limited resources to maximize the benefits to the public and to the legal profession in its five mandated areas Its aim is to enable people in B.C. to have access to the best legal aid, legal education, legal research, law reform, and law libraries that its resources can provide.

The review will examine :

• how well funds are being spent in relation to the Law Foundation's statutory mandate;

• whether funded programs are meeting the needs of the community; and

• whether the grant amounts are appropriate.

It is not anticipated that the review will result in significant or immediate reallocation of continuing program grants. However, adjustments may be necessary if the review suggests that improvement could be made in funding distribution or if new priorities are set.

This funding review in no way reflects a diminishment of the Law Foundation's support for continuing programs The Governors of the Law Foundation maintain a strong commitment to the principle of stability through core funding, and will continue to provide such support. The review will take place over the next three years.

Grants Approved

The Board of Governors of the Law Foundation met on November 22, 2003. Chair Heather Raven is pleased to announce that funding totalling $4,341,700 was approved for the following 16 programs and projects:

Continuing Programs

LEGAL SERVICES SOCIETY

(Operating Grant)- $3,272,500

B.C. COALITION OF PEOPLE WITH DISABILITIES

(Advocacy Access Program) - $136,900

UBC FACULTY OF LAW

(Scholarships and Projects) - $127,500

GREATER VANCOUVER LAW STUDENTS' LEGAL ADVICE PROGRAM

(Operating Grant) - $121,000

DOWNTOWN EASTSIDE RESIDENTS' ASSOCIATION

(Advocacy Services Program) - $103,300

UVIC FACULTY OF LAW

(Scholarships and Projects)- $84,000

UBC FACULTV OF LAW

(First Nations Clinical Program)- $65,500

LAW SOCIETY OF B.C.

(CANLII Virtual Law Library)- $65,000

LAW COURTS EDUCATION SOCIETY

(Northern Public Legal Education Program for First Nations Communities)- $60,800

LAW FOUNDATION LAY ADVOCACY EDUCATION AND TRAINING FUND

(Education and Training for Law Foundationfunded Lay Advocates)- $54,600

B.C. FREEDOM OF INFORMATION AND PRIVACY ASSOCIATION

(Public Legal Education Program)- $20,800

DEBATE AND SPEECH ASSOCIATION OF B.C.

(Law Foundation Cup Debates)- $14,300

Project Grants

CONTINUING LEGAL EDUCATION SOCIETY

(CLE Needs Assessment Project) - $55,000

UBC FACULTV OF LAW

(Legal Education Access Project)- $55,000

UVIC FACULTY OF LAW

(Legal Education Access Project)- $55,000

TENANTS' RIGHTS ACTION COALITION

(New Residential Tenancy LegislationPublic Legal Education Project)- $50,500 •

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• Editorial Board

Chair: KENNETH ARMSTRONG karmstronglaw@ shaw ca

• Editorial Board Members:

VIKKI BELL, QC

jOHANNE BLENKIN

DIANA DAVIDSON

DAVID DUNDEE

ANNA FEGLERSKA

CHRISTINE MINGlE

MARGUERITE (MEG) SHAW

VERONICA SINGER

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The Canadian Bar Association, B.C. Branch represents more than I 0,000 members within British Columbia and is dedicated to improving and promoting access to justice, to reviewing legislation, initiating law reform measures and adv· ancing and improving the administration of justice.

Classified Ads

2003 call seeks associate position. Call Sky Anderson at 604 -767 - 1292 (skyand@shaw.ca)

Swamped? Trial coming up? Contract lawyer with civil lit experience Call 778 - 837-4422.

PART-TIME SECURITIES LAWYER HARDWORKING, ENTREPRENURIAL NEEDED. Should have experience in private pla cements, public offerings, stock exchange listing & f i ling requirements , corporate governance, corporate reorganizations, and drafting commercial agreements. Send cover letter &resume to Hahn &Co. , 501 - 905 W Pender St. , Vancouver, BC V6C 1L6 Fax : 604-618-2862.

ROCKYMTN OPPORTUNITY-Busy Fernie firm has position available s tarting April!, 2004 for a motivated barrister. Take over an existing practice which includes family , criminal and general litigation. Term s negotiable Fernie is a world class winter & summer resort area Position would appeal to lawyer with outdoor recreation and family living as a priority Please contact: Sliva & Summers. Tel: 250-423-4446 . Fax : 250423 -4065 E -mail: slivsumm @monarch.net. Visit www.femie.com for info on Fernie.

SOLICITOR REQUIRED-Opportunity for lawyer with an interest in solicitor's practice at Clay and Company in Victoria. We are a 6lawyer firm with established broad practice Contact Paul Scambler, QC in confidence at 837 Burdett Avenue, Victoria, V8W 1B3,250-386-2261,fax 250 - 389-1336 or e-mail pscambler@clay.bc.ca

OFFICE SHARE - in beautifully appointed Yaletown law offices, with small litigation firm. Includes use of meeting room, secretarial station, kitchen and more. Pay fixed rent or percentage of billings. Call Diane Dunbar at 604 - 662-7544 or e-mail dldunbar@conkie-law ca

ARTICLES SOUGHT B.C. 2004- litigation exposure in torts, criminal, family, sport, and clinic work Good grades, great court preparation , settlement, and client skills. 12 years previous business experience and 3 university degrees . Call 519-472-0079.

Diverse, dynamic, enthusiastic third year law student with a passion for litigation seeks ru.ticling opportunity to come home to Vancouver. michelekim @osgoode.yorku.ca/ 604-780 - 8593

ELECTRICAL MOBILE FILING SYSTEM

Double storage capacity while using less space. For full description , pricing and photos please e-mail: linda.hilts@ubc.ca

FOR SALE- used family, civil law & personal injury CLE books, practice manuals. Good condition books/excellent prices. Cal! John 604876-5574 www.mcnamee -law.com/books.html

Place free ads online! www.bccba org has two areas to advertise. See "Human Resources " and the "Lawyer Lounge."

Looking for discounts and deals? See the Member Services insert.

Terry Fox Legal Beagle Invitational

The annual Terry Fox Legal Beagle Invitational Basketball Tournament is recognized as one of the most competitive basketball tournaments in B.C.

The tournament was held January 810 in Port Coquitlam.

Approximately 21law firms financially support the tournament and many take an active part in some aspect of its organization and presentation. TriCity bar members who have supported the tournament generously over the years have found it to be a rewarding way to support a community activity.

While the tournament highlights excellent competitive and basketball skills, it honours the spirit and toughness of mind of its namesake, Terry Fox . Each year two Terry Fox Awards are presented to the tournament players who most exemplify Terry's qualities. The awards include a monetary scholarship for post secondary education. The 2004 Terry Fox Award winners are Jaren Bergen of the Walnut Grove Gators and Brad Pearson of the Terry Fox Ravens.

The Argyle Pipers basketball team placed first in the tournament. •

Advertising

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deadline : March 19

Next mailing date: April 9

Please direct BarTalk advertising inquiries to Sandra Webb , BarTalk Editor Tel: 604 - 646 -7856

Toll free : 1-888 - 687 -3404 , ext. 318

E-mail : cba@ bccba org We Have a Winner!

Congratulations to Seema Chaskar who won a yo ga mat and 10 classes at Bikram's Yoga College of India in the December BarTalk contest. The va lue of her prize is $165 .

The answer to the contest question "What is Bikram's full name?" is "Yogiraj Bikram Choudhury "

Bikram Yoga College of India has two Vancouver locations (2893 Cambie Street 604 -8769642 and 1650 Alberni Street 604-662-7722} Your first class at the College is free. •