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The Stream - Courthouse Libraries BC Blog

Welcome to the Stream.

Stay current with the latest news and views from Courthouse Libraries BC.  

  • CALL Conference offers CPD credit for educational sessions

    by Tracy McLean | Apr 29, 2016

    The Canadian Association of Law Libraries (CALL) is offering educational sessions from its 54th annual conference  in Vancouver, to members of the BC Bar for CPD credit hours.

    • Sunday May 15th, 2016, 3:15-4:30pm 
      The Law of Evidence in the Digital Environment (1.25 credits)
    • Monday, May 16th, 2016, 11:00-12:30pm
      The Business of Aboriginal Law in Canada (1.50 credits)
    • Monday, May 16th, 2016, 11:00-12:30pm
      Everything You Ever Wanted to Know About US Legal Research But Were Afraid To Ask! US Legal Research for Canadians (1.50 credits)
    • Monday, May 16th, 2016, 3:30-5:00pm
      Effective Approaches For Business Development and Marketing Research (1.50 credits)
    • Tuesday, May 17th, 2016, 4:00 – 5:00pm
      Using Maps in Legal Research (1.00 credits)
    • Wednesday, May 18th, 2016, 11:00 – 12:30pm
      Wine, Beer and Weed – West Coast Vices or National Debate? (1.50 credits)

    More detailed course-CPD descriptions can be found here.

    Single Continuing Professional Development sessions are individually priced, ranging from $50 - $75 each, plus processing charges. You will have the option to select sessions once you enter your personal information.

    Please note that registration for CPD courses is completely separate from the main conference registration.  Use the portal registration page.

    For the first time, course attendance will include access to the exhibit hall. The exhibitors include legal, competitive intelligence, tax, and news media vendors, all with sales and training representatives available to answer  questions. You can demo new products or browse the latest titles in your practice area.

  • Tricky Legislation: the newly revised Local Government Act

    by Tracy McLean | Jan 28, 2016

    Effective January 1, 2016, the revised Local Government Act, SBC 2015, c. 1, was brought into force by BC Reg #257/2015 as a limited revision under the Statute Revision Act, RSBC 1996, c. 140.  It consolidates the previously existing act and its amendments, and revises it by simplifying the numbering and updating the style and language.

    THE LOCAL GOVERNMENT ACT

    The Act is the primary legislation for regional districts and improvement districts, setting out the framework for governance and structure, as well as the main powers and responsibilities. Certain municipal provisions remain in effect for matters not covered by the Community Charter, SBC 2003, c. 26 . As well, the Act covers important authorities for both municipalities and regional districts, such as statutory requirements for elections, and planning and land use powers. The Act also includes key provincial powers such as authority for the BC Building Code and the office of the Inspector of Municipalities.

    The Local Government Act is one of the most heavily used and most amended acts in British Columbia. When the Community Charter came into force in 2004, consequential amendments resulted in numbering gaps, decimal additions and disorganization, particularly for regional district provisions.
     

    WHAT DOES THIS MEAN?

    The revised Local Government Act replaces part of the Local Government Act, RSBC 1996, c. 323, as of January 1, 2016. 

    The authority for this can be found in section 7(2) of the Statute Revision Act which states that when a limited revision comes into force, the Acts or provisions it replaces are repealed to the extent that they are incorporated in the limited revision.

    Section 8(1) states that a revision does not operate as new law but has effect and must be interpreted as a consolidation of the law contained in the Acts and provisions replaced by the revision.
      

    HOW DO I CITE IT?

    As per section 6(2) of the Statute Revision Act, a limited revision may be given a chapter number as if it were enacted in the current session of the Legislative Assembly, and the limited revision may be published in the volume of Acts enacted in that session. 

    Therefore, this act will now be cited as the revised Local Government Act, RSBC 2015, c. 1.
     

    WHAT HAPPENED TO THE OTHER PART OF THE ACT?

    Only a part of the Local Government Act, RSBC 1996, c. 323 was revised into the new Local Government Act, RSBC 2015, c.1.  The rest was retitled the Municipal Replotting Act, RSBC 1996, c. 323, by RSBC 2015, c. 1, Revised Schedule, section 55

    The change came into force on January 1, 2016.
     

    IS THERE A TABLE OF CONCORDANCE?

    Yes, there are two.

    Local Government Act - Table of Concordance, 1996-2015
    Local Government Act - Table of Concordance, 2015-1996

    If you look at the Table of Concordance, 1996-2015, any provisions noted as "Not Revised" remain in the retitled Act (the Municipal Replotting Act).
     

    RESOURCES

    Will there be another Revised Statutes of British Columbia?
    Revisions persuant to the Statute Revision Act
    A guide to legislation and legislative process in British Columbia: Part 4: Statute Revisions

    CONTACT

    Ministry of Community, Sport and Cultural Development
    Governance and Structure Branch
    Tel: 250-387-4020
    E-mail: LGgovernance@gov.bc.ca

    updated February 3, 2016

  • Tricky Legislation: The Adult Guardianship Act (updated Nov. 26, 2014)

    by CLBC Administrator | Nov 26, 2014

    In theory, it should not be a momentous task to find out if an Act is in force, but sometimes it really is.  

    If we resolve a particularly complicated piece of legislation, we know that there are others out there who may have similar questions.  So we like to write a blog post about it so that someone else, faced with the same research, doesn't have to start from scratch.

    The latest post in our "Tricky Legislation" series is a particularly confusing one and concerns the Adult Guardianship Act. Sections were brought in to force by various proclamations, but some of those proclamations were then repealed. It's quite the nightmare. So below you will find a detailed account of the in force information. It's not pretty, but it's here if you need it.

    Bottom line: Is the Adult Guardianship Act, RSBC 1996, c. 6, in force?

    Yes, parts of it are in force. 

    Sections 1-3 and 44-53, 54(1), (2)(a)-(d) and (f)-(i) and (3), 55-64 are in force as of February 28, 2000.  

    Sections 60.2, 62.2(1), 63(1) and (2)(t) came into force, and sections 40-43 were repealed, effective September 1, 2011. 

    Part 2.1 (heading) and sections 32, 33(2)(b) and (3), 34(b) to (d), 35 and 37 (3) and (4), and sections 62.1, 62.3 and 63 (2)(a)-(f), (o)-(p) and (s) of the Act will come into force on December 1, 2014. 

    If you'd like to see what a consolidated version of the statute will look like on December 1, 2014, Quickscribe has provided us with an advance copy of the Adult Guardianship Act.

    Why do the Regulations that bring sections into force refer to the Act as the Supplement to the Adult Guardianship Act?

    The Adult Guardianship Act, RSBC 1996, c. 6, was not actually included in the print version of the Revised Statutes of BC, 1996.  The note in the RSBC 1996 says "This Act comes into force by regulation of the Lieutenant Governor in Council but is not now in force.  See Supplement for full text."

    Acts and amendments that were enacted but not in force on December 31, 1996 (the cut-off date for the 1996 Revision), were consolidated as Supplements to the Revised Statutes of British Columbia, 1996.

    Supplements have the same chapter numbers as the statutes to which they relate. 

    So the Adult Guardianship Act was printed in the Supplement to the RSBC 1996, and has the citation RSBC 1996, c. 6.

    Have there been any amendments to the Act?

    Yes.  There have been four amending acts:

    1. Adult Guardianship Statutes Amendment Act, 1999, SBC 1999, c. 25
    2. Adult Guardianship and Planning Statutes Amendment Act, 2007 , SBC 2007, c. 34
    3. Miscellaneous Statutes Amendment Act, 2011, SBC 2011, c. 5, sections 1 and 2 amend sections 1 and 17 of the Adult Guardianship Act as enacted by the Adult Guardianship and Planning Statutes Amendment Act, 2007.
    4. Justice Statutes Amendment Act, 2014, SBC 2014, c. 9, sections 1-9 amend sections 32-35, 37 and 63 of the Adult Guardianship Act as enacted by the Adult Guardianship and Planning Statutes Amendment Act, 2007.

    So what brought the Adult Guardianship Act into force?

    BC Reg #12/2000 (as amended by the errata in No. 2, Volume 43, p.247 of the BC Gazette Part II), brought the Adult Guardianship Act, RSBC 1996, c.6, sections 1-3 and 44-53, 54(1), (2) (a)-(d) and (f)-(i) and (3), 55-64 into force as of February 28, 2000.

    BC Reg #14/2011 (as amended by BC Regs #111/2011 and 141/2011) brought amendments to part of section 1, sections 2-3, 45-48, 51, 54, 56-57, 59, 60.2, 62.2(1), 63(1) and (2)(t) into force, and repealed sections 40-43 effective September 1, 2011. 

    BC Reg #25/2014 (as amended by BC Reg #203/2014) brings Part 2.1 (heading) and sections 32, 33(2)(b) and (3), 34 (b) to (d), 35 and 37 (3) and (4), and sections 62.1, 62.3 and 63 (2)(a) to (f), (o) to (p) and (s) of the Adult Guardianship Act into force effective December 1, 2014.

    ...but it's far more complicated than that...

    • BC Reg #199/99 - brought sections 1-3, 44-53, 54(1), (2)(a)-(d), (f)-(i) and (3), 55-64 of the Adult Guardianship Act into force on February 28, 2000. But it was repealed by BC Reg #12/2000 on January 28, 2000, before it came into force.  

       

    • BC Reg #12/2000 (as amended by the errata in No. 2, Volume 43, p.247 of the BC Gazette Part II) - repealed BC Reg #199/1999 on January 28, 2000 (the date of deposit).  

      It brought sections 1-24 and 26-38 of the Adult Guardianship Statutes Amendment Act, 1999, SBC 1999, c. 25 into force as of February 27, 2000 (thus amending sections 1, Part 2 (heading), 3, 44.1 and 61 of the Adult Guardianship Act).

      It also brought sections 1-3 and 44-53, 54(1), (2) (a)-(d) and (f)-(i) and (3), 55-64 of the Adult Guardianship Act into force as of February 28, 2000. 

       

    • BC Reg #14/2011 - brought section 2 of the Supplements Repeal Act, SBC 2006, c. 33, into force on September 1, 2011.  Section 2(a) of that Act repeals the Adult Guardianship Act.  

      The regulation also brought sections 1 (a), (d)-(j), 2-3, 6-14, 16, 17 (partially), 19-28, 30, 32, 34-66, 68-72, 74-81, 83-90, 92-93, 98, 104, 105(b), 106-110(a), 111 of the Adult Guardianship and Planning Statutes Amendment Act, 2007 , SBC 2007, c. 34, into force on September 1, 2011.  Portions of sections 1(k), 17, 29, 31, 91, 99, 105 and 110 were also brought into force.  These sections of the Amendment Act amend sections 1-3, 44.1, 45-48, 51, 54, 56-57, 59, 61, 62.2(1), 63(1) and (2)(s-t)of the Adult Guardianship Act

       

    • BC Reg #111/2011 - amended BC Reg #14/2011, bringing sections 1 (a), (d)-(j), 2-3, 6-16, 19-28, 30, 32, 34-59, 60(a), 61(b), 62 to 66, 68-72, 74-81, 83-90, 92-93, 98, 104-109, and 111 of the Adult Guardianship and Planning Statutes Amendment Act, 2007 , SBC 2007, c. 34, into force on September 1, 2011.  Portions of sections 1(k), 17, 29, 31, 91, 99 and 110 were also brought into force.  These sections of the Amendment Act amend sections 1-3, 45-48, 51, 54, 56-57, 59, 60.2, 62.2(1), 63(1) and (2)(t) of the Adult Guardianship Act

       

    • BC Reg #141/2011 - amended BC Reg #14/2011 by bringing section 2(a) of the Supplements Repeal Act into force, except sections 4-39 and 65 of the Adult Guardianship Act, effective September 1, 2011.  Essentially, it repealed sections 40-43 of the Adult Guardianship Act

       

    • BC Reg #131/2013 - brought sections of the Adult Guardianship and Planning Statutes Amendment Act, 2007 , SBC 2007, c. 34 into force as of June 30, 2014.  It was repealed by BC Reg #25/2014 on March 3, 2014, before it came into force.

       

    • BC Reg #25/2014 - repealed BC Reg #131/2013 on March 3, 2014 (the date of deposit). 

      The first part of the schedule brings sections 1(c) and (k), 4 and 17 of the Adult Guardianship and Planning Statutes Amendment Act, 2007 into force on December 1, 2014 (thus amending sections 4-39, 62, 62.1, 62.3, and 63 (a)-(f), (o)-(p) and (s) of the Adult Guardianship Act).

      The second part of the schedule brings Part 2.1 (heading) and sections 32, 33(2)(b) and (3), 34, 35 and 37 (3) and (4), and sections 62.1, 62.3 and 63 (2)(a) to (f), (o) to (p) and (s) of the Adult Guardianship Act into force effective December 1, 2014.

    • BC Reg #115/2014 - brought sections 1, 3 to 5, 7, 9, 29 and 49 of the Justice Statutes Amendment Act, 2014 into force as of June 23, 2014.  These sections amend sections 32, 33(2)(b)(i), 34(b), 35, 37, and 63 of the Adult Guardianship Act.  It does not bring Part 2.1 into force, but rather, the amendments to the wording in those sections.

       

      The regulation also brought sections 30 to 36 and 43 of the Justice Statutes Amendment Act, 2014 into force on December 1, 2014 (thus amending the Patients Property Act and the Power of Attorney Act).

      The third part of the regulation brings the Statutory Property Guardianship Regulation into force on December 1, 2014.

    •  
    • BC Reg #203/2014 - amends BC Reg #25/2014 to bring section 34(b) to (d) of the Adult Guardianship Act into force effective December 1, 2014, but not 34(a). 
      The second part of the regulation amends BC Reg #115/2014 to bring sections 30, 31 (except as it enacts section 3.1(2)(a) of the Patients Property Act, R.S.B.C. 1996, c. 349), 32 to 36 of the into force on December 1, 2014.  It also amends the Statutory Property Guardianship Regulation.

 

Tracy McLean

Tracy is a reference librarian at Courthouse Libraries BC.

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