BarTalk June 2003
Volume 15, Number 3

New legislation has broad implications across client groups

There is no question as to the sheer breadth and ambitious scope of the legislative agenda of the B.C. Government. It is not always proceeding with sufficient time for reflection, sober review and amendment. However, the reality for lawyers is that there exists now, or soon will be in effect, a significant body of legislation that will affect lawyers, businesses and the public.

Although some Acts relate to very narrow areas of law, there are two pieces of legislation that will affect a larger number of client groups across all areas: the new Business Corporations Act and Bill 38, the Personal Information Protection Act.

The Business Corporations Act replaces the B.C. Company Act, and is the first major update of B.C. Company Law since 1973. It will require each of the almost 300,000 B.C. companies to be “transitioned” to the new Act within the next two years, or risk being struck off the Register.

For B.C. businesses, consultation with their lawyers about the new Act’s provisions will help ensure that requirements are met. Lawyers practising in this area need to ensure they are prepared for the work ahead. To assist, the Continuing Legal Education Society will hold a two day course, complete with a new B.C. Business Corporation Practice Manual on September 22nd and 23rd, 2003 (see www.cle.bc.ca).

Bill 38, the Personal Information Privacy Act, is a source of some controversy. As of January 2004, all businesses and individuals will be governed by the federal Personal Information Protection and Electronic Documents Act unless there is “substantially similar” provincial legislation in effect at that time. This legislation will have a significant impact on businesses, organizations and individuals.

In the B.C. Government’s news release announcing Bill 38 on April 30, 2003, provincial Information and Privacy Commissioner David Loukidelis stated that the new Act would provide British Columbians with “broader coverage than the federal act” and would be “less complex.” The accompanying backgrounder stated that “The federal act contains significant gaps in privacy protection for B.C. citizens. For example, it cannot cover employment records held by B.C. companies or personal information held by non-profit societies.”

On May 6, 2003, the federal Information and Privacy Commissioner, George Radwanski, publicly issued a lengthy letter to Minister of Management Services Sandy Santori, in which he stated that the legislation as proposed has “grave deficiencies” that, in his opinion, would make it impossible for the Government of Canada to recognize it as “substantially similar” to the federal legislation. This came as a major surprise to the B.C. Government and the many B.C. lawyers who consulted on and/or helped draft the new legislation.

On May 14, House Leader Gary Collins announced that only 10 of the many bills currently before the House would be passed in the Spring Session; the remainder would remain on the order papers until the Fall session. Bill 38 was not among the 10.

This article was published in the June 2003 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.