BarTalk | June 1996

Page 11

LEGISLATIVE UPDATE

services, but not for direct compensation to individual victims. The Ombudsman A9t applies to the Act, but with some limitations. Employers are prohibited from penalizing an employee who is absent from work to appear as a witness or meet with justice system personnel to assist in investigation or prosecution of an offence. Consequential amendments are made to the Justice Reform Statutes Amendment Act, 1989. Act, except sections 9 and 18 in force July 1, 1996 REGULATIONS TO NOTE

Corporation Capital Tax Act, B.C. Reg. 308192 is superceded by B.C. Reg. 79 I 96, the Corporation Capital Tax Regulation. B.C. Reg. 79/96 effective April1, 1992, amended effective April1, 1993, February 11, 1994, April1, 1994 and March 29, 1996 Court Rules Act, B.C. Reg. 221 I 90, the Supreme Court Rules, are amended as to (a) Rule 1(8), defining "relief" to include remedy and making consequential amendments to Rules 8(2), 15(5), 22, 40(53), 55(2) and 62, (b) Rule 4 - Forms and Documents, requiring that a style of proceeding for a class action must include the words "Brought under the Class Proceedings Act", (c) Rule 6- Persons Under Disability and Form 4.1, providing for removal of a guardian ad litem where an infant attains the age of majority during the course of an action, (d) Rule 9 -Renewal of Writ, eliminating the requirement of endorsing the original writ with the renewal order, (e) Rule 13(1 )( q)- Service outside British Columbia without order, providing for service ex juris without order for corollory relief and variation proceedings, (f) Rule 18A - Summary Trial, providing for a preliminary application on the suitability of an application and requiring that an applicant tender all evidence upon which the applicant intends to rely other than rebuttal evidence, at the time the notice of motion is filed, (g) Rule 22 - Third Party Procedure, requiring that the third party notice contain a statement of the material facts and the relief that the third party seeks, providing that the notice may not be filed later than 120 days before the scheduled trial date except with leave of the court and providing for claims made pursuant to the Negligence Act, June 1996

(h) Rule 26- Discovery and Inspection of Documents, providing that the court may order delivery of a list of documents within a party's power and may excuse compliance with subrules (1), (7) or (9), (i) Rule 27(20)- Production of Documents, providing an exception for the requirement to produce documents when ordered by the 路 court, G) Rules 31(7)- (9)- Admissions, Rule 39(20)(c)What certificate must contain, Forms 23, and 37, deleting the mandatory notice to admit, (k) Rule 35- Pre-Trial Conference, providing that an interlocutory application may be made at a pre-trial conference, (1) Rule 40 - Notice of intention to call adverse party as witness and Form 40, rationalizing the rules relating to adverse and hostile witnesses, (m) Rule 40- Submissions to court, allowing the court to limit th~ length of submissions and to require that submissions be in writing, (n) Rule 60(22)- Application by Person Authorized, allowing a person authorized by a party's solicitor to search a matrimonial file, (o) Appendix B, Section 2, providing that if costs are payable on acceptance of an offer to settle made under Rule 37, the costs are to be assessed under Scale 3, and (p) Appendix C, Schedule 1, clarifying recent amendments to the filing and hearing fees. B.C. Reg. 95/96 effective July 1, 1996 Forest Practices Code of British Columbia Act, B.C. Reg. 174195, the Operational Planning Regulation is amended by adding Division 3 Silviculture Prescriptions for Non-Replaceable Licenses. B.C. Reg. 86/96 effective April 4, 1996 Guaranteed Available Income for Need Act, B.C. Reg. 479 I 76, the Guaranteed Available Income For Need Regulations is amended to allow trusts to be set up for disability related costs for GAIN recipients and to provide dental and optical benefits for qualifying children. B.C. Reg. 109/96 and 110/96 effective April 26, 1996 Health Professions Act, B.C. Reg. 71196, the Licensed Practical Nurses Regulation is made, designating licensed practical nursing, establishing the College, establishing the scope

Continued over 19


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.