News & Events - Express Newsletter
BC Chamber of Commerce Express Newsletter - June 2008 Issue
Contents |
BC Chamber in the HeadlinesPolicy Successes
Advocacy Success – Removal of Section 32 from Bill 43Provincial News
National News |
BC Chamber in the Headlines |
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Policy Successes |
Key Budget Bill Passed Which Will Modernize Canada’s Immigration SystemAfter much debate, and threats of a general election, Bill C-50 was passed by the House of Commons on June 9. The legislation will implement key measures from Budget 2008, including initiatives to modernize Canada’s immigration system and increase support for post-secondary students. The BC Chamber of Commerce has been very vocal in its support of the amendments to the Immigration system, which will bring the system into line with Canada’s economic demands – an improvement which the Chamber feels is long overdue. The changes to the Immigration Act will allow government to clear the 900,000 backlog of immigrant applications, as well as allowing the fast-tracking of key economic categories of skilled workers. Other key measures contained in Bill C-50 will:
To view the Bill visit, http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3560297&Language=e&Mode=1 Ministry of Small Business and Revenue announces zero net increase in regulations through 2012The 10th of June marked the unveiling of Straightforward BC: Regulation, Clear and Simple, the Province’s strategic vision for its regulatory reform program, and the announcement that the provincial government will see a zero net increase in regulations through 2012. “In partnership with British Columbians, our government has drastically reduced costly, unnecessary red tape because we know less bureaucracy is the catalyst for more jobs and increased prosperity,” said Rick Thorpe, Minister of Small Business and Revenue and Minister responsible for Regulatory Reform. “Moving forward, for every new regulation added over the next four years, on or more existing regulations will be eliminated. Our goal is to ensure any new regulations will be straightforward and easy to understand.” Since British Columbia’s regulatory reform program was introduced in 2001, more than 163,000 regulations (42.6%) have been cut, far exceeding the original goal of cutting red tape by one third over three years. For more information on Straightforward BC: Regulation, Clear and Simple, visit: |
Advocacy Success - removal of Section 32 from Bill 43 |
In response to pressure from the BC Chamber of Commerce, along with several other provincial organizations, the Provincial Government has rescinded an amendment to the Law and Equity act contained in the Miscellaneous Statutes Amendment Act (No.2), 2008 (Bill 43). The amendment in question was an attempt to reverse long standing common law protecting business owners whose investments rely on Crown Tenures against severe losses should the government decide to repurpose those tenures. Read more at the Vancouver Sun: http://www.canada.com/vancouversun/news/story.html?id=67281d21-0d01-4bf5-998c-83336a65c9eb
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Provincial News |
BC’s Economy continues to enjoy overall growth, but faces some serious challengesAccording to BC Stats, although BC’s economy expanded in 2007 by 3.1%, which puts it above the national average for the sixth year in a row, that positive figure masks some serious issues which will come to bear on the future of BC’s economy. For the most part the indicators for 2007 were strong: the employment rate increased, unemployment rate fell to its lowest point in more than thirty years. Retail sales grew 7.2% and housing starts advanced 7.6%. However, the truth is that BC’s economic growth is now being driven in large part by domestic demand, and the value of BC’s exports, both international and interprovincial, continues to decline. The result is a growing trade deficit as the province imports more and more goods and services internationally. These facts raise the concern that should BC not begin to pay more attention to its areas of economic weakness, the province’s economy will become seriously uneven – a handicap that will eventually begin to show itself in future growth potential To read the full report, visit: Climate Action Dividend – a note from the Ministry of Small Business and RevenueThe Province will be providing a one-time dividend in the hope that British Columbians will purchase items that can reduce their greenhouse gas emissions and, by doing so, the amount of carbon tax they would otherwise pay. This approach allows British Columbians to choose their own unique paths to a lower carbon lifestyle. The Ministry of Small Business and Revenue has received several questions around the process for receiving the dividend, and so would like to clear up any confusion. The vast majority of you will receive the $100 dividend automatically:
If you still have questions, please go to www.smartchoicesbc.ca, call toll-free at 1-877-387-3332 or email ITBTAXQuestions@gov.bc.ca. Ministry of Environment Announces Plans for the Protection of BC’s Air and WaterEarly June saw the launch of two Ministry of Environment stewardship plans. Living Water Smart: British Columbia’s Water plan, “lays out the vision and steps needed to protect our rivers, lakes, streams and watersheds,” according to Environment Minister Barry Penner. The BC Air Action Plan also aims to protect: “As our economy continues to grow, keeping our air clean will be a challenge,” states Penner. “It will be up to us to ensure that our province continues to enjoy the healthiest air quality possible.” Both plans draw on policy measures and programs including planning, regulatory change, education, economic instruments and rewards, and include between 30 and 40 actions and targets. To read more: Living Water Smart: http://www.livingwatersmart.ca/ Port Mann Bridge Twinning receives Environmental Assessment Certificate, and the go-aheadThe provincial government’s Gateway Program made progress this month with the Ministry of Environment and Ministry of Community Services’ granting of a joint Federal and Provincial environmental assessment certificate for the Port Mann/Highway 1 Project. With the receipt of this certificate, the project, which includes the construction of a second Port Mann bridge to run parallel to the first, the expansion of Highway 1, and improved safety measures for the highway, will be underway by the fall. The environmental assessment certificate contains 233 commitments to which construction must adhere in order to remain within acceptable levels of environmental effects. For more information regarding the joint Environmental Assessment: http://www.eao.gov.bc.ca/ Overtime Class Actions Unlikely in British ColumbiaRecently there are many class action overtime claims being brought against major employers such as CIBC, the Bank of Nova Scotia, Canadian National Railway and KPMG, just to name a few. The claims are enormous with the potential liability running into the hundreds of millions of dollars. The potential for similar class action lawsuits in British Columbia, based on the overtime provisions of the Employment Standards Act (“ESA”), became very real when the BC Supreme Court issued its decision in Macaraeg v. E Care Contact Centres Ltd. and a related decision. Those decisions held that employees could bring civil actions, including class actions, based solely on the overtime provisions of the ESA. Further, these decisions held that the claim was not limited to the six month limitation under the ESA; rather the overtime claims could go back for 6 years. The BC Court of Appeal recently overturned these decisions. In the Macaraeg case the employer employed approximately 100 employees. Ms. Macaraeg worked long hours but was told clearly that the company did not pay overtime. She brought a class action lawsuit claiming payment of overtime hours for herself and as the representative of the class of employees who worked but were not paid overtime. What was noteworthy was that Ms. Macaraeg’s claim was based solely on the overtime provisions of the ESA and not on any rights based in her employment agreement. The Court of Appeal overturned this decision and held that the provisions of the ESA are not enforceable in court and that Ms. Macaraeg was not entitled to enforce her statutory right to overtime pay in a civil action. The exclusive jurisdiction to determine such claims lies with the Director of Employment Standards pursuant to the provisions of the ESA. Further, the Court held that, as a matter of law, the minimum overtime payment requirements of the ESA were not implied terms of the contract of employment between E Care and Ms. Macaraeg. While the decision is good news for employers and businesses, care should be taken to ensure that any employment agreements or corporate policies that might be considered implied terms of an employment agreement are consistent with the employer’s practice. Employees may still bring actions for overtime pay if it is part of their employment agreement. Secondly, employers should ensure that their overtime and other employment policies are consistent with the minimum standards under the ESA. |
National News |
Standing Committee on Natural Resources Releases Report on Canada’s Forestry IndustryAfter hearing submissions from representatives throughout the Forest Industry, the Standing Committee on Natural Resources has tabled a report, “Canada’s Forest Industry: Recognizing the Challenges and Opportunities,” in which the committee has presented 23 recommendations to government regarding the future of the industry. Recommendations include the establishment of a national forest industry innovation fund to ensure the industry’s central role in the emerging bio-economy; offering refundable tax credits for research and development; and a 5-year extension on the accelerated capital cost allowance for investments in manufacturing or processing machinery. To read the full report and download a copy visit: Tourism Industry Association fears for Canada’s tourism sectorIn a report issued early this month, the Tourism Industry Association of Canada (TIAC) expressed its growing concern over the decline of the sector. “Canada’s tourism sector is on the brink of a crisis today,” said Randy Williams, President and CEO of TIAC. “We need urgent action from governments at all levels to address some longstanding structural burdens on our industry.” The Report on Canada’s Tourism Competitiveness: A Call for Action for Canadian Tourism highlights a wide range of issues threatening Canada’s $70.6 billion tourism industry, including the absence of government strategy or policy framework, which TIAC claims is fundamental to effective investment in the industry. The Report also calls for easier access to Canada, citing the high structural costs of aviation in Canada, and Canada’s international air policy as being restrictive and deterrent to travel. TIAC also criticizes the lack of promotion and services accompanying government-owned tourism properties. To read the full report visit: Compassionate Care Benefit (CCB) Focus GroupAre you a Human Resources (HR) professional who has knowledge of, or experience administering the Compassionate Care Benefit (CCB) in your workplace? Since its inception in 2004, a number of concerns have arisen regarding the effectiveness of the CCB program. In response, a group of researchers across Canada have undertaken a large-scale funded study to fully evaluate the Benefit. A goal of this work is to submit policy recommendations to the federal government on how to improve the Benefit. Uptake of the CCB directly impacts workplaces across the country. Because of this, we want to find out about HR professionals’ knowledge of the CCB, experiences of having employees utilize the program, and their suggestions for program improvement. We are looking for HR Professionals to volunteer to be a part of a focus group to discuss their knowledge of and experiences with the CCB. The focus groups will be audiotaped and last no more than 2 hours. Volunteers will be provided with a catered meal and a $35 honorarium. The date and location of the focus group will be determined once a sufficient number of participants have responded. If you are interested in participating or have any further questions about the study, please contact Mirjana at vuksam@mcmaster.ca or call (905) 525-9140 * 28617. |