Keep Current: A review of provincial Section meetings.

Pensions and Benefits Law Meeting: November 29, 2011 Speaker: Lisa Chamzuk, Lawson Lundell LLP Topic: The Wills, Estates and Succession Act and Beneficiary Designations for Benefit Plans		Elder Law Meeting: November 8, 2011 Speakers: Penny Washington, Bull, Housser, & Tupper LLP Topic: Advance Directives: “Be Careful What You Wish For”
Wills and Trusts Vancouver   Meeting: September 27, 2011 Speaker: James Chalke, QC, Ministry of Attorney General-Justice Services Branch and Hugh McLellan, McLellan Herbert Topic: Bill 29 Incapacity Planning and Case Comment Pictured: Richard Wenner, Chair		Environmental Law, Municipal Law and Public Sector Lawyers Joint Meeting   Meeting: December 6, 2011 Speakers: Chris Rolfe and Colleen Sparks (photo) Topic: A Carbon Neutral Public Sector: B.C.’s Legislative Framework and the Future.

Pensions and Benefits Law
Lisa Chamzuk spoke about the Wills, Estates and Succession Act (WESA), which has received Royal Assent and which will overhaul the estate administration legislation in B.C. once it is in force. WESA will also introduce new rules for how members of “benefit plans” may designate beneficiaries. WESA will apply to a pension plan, RRSP, tax-free savings account and other plans. It only applies to the designation of a “benefit” meaning an amount payable on the death of the participant. However, WESA expressly states that it does not apply to life insurance. WESA’s designation rules will apply even if the benefit plan does not give the participant the right to designate the particular benefit, but WESA also states that it does not have priority if it conflicts with another statute. Registered pension plans in B.C. are governed by pension legislation that mandates a spousal benefit on the death of a member. WESA will not override these requirements: where a member of such a plan dies without a spouse, the member can designate one or more beneficiaries in accordance with WESA. 

 

Wills and Trusts - Vancouver
James Chalke, QC, discussed the recent amendments to the Health Care (Consent) and Care Facility (Admission) Act (HCCFA). Mr. Chalke addressed the legal effect of an incapable patient’s instructions (i.e. in an advance directive) and clarified when it is necessary to obtain a decision from a substitute decision maker. Health care providers may now make an application to the B.C. Supreme Court seeking a reversal or variation of the decision made by a substitute decision maker. Hugh McLellan spoke on important recent legislative changes. For instance, an advance directive must be in writing and contain specified wording (part 2.1, HCCFA). There will be a non-mandatory prescribed form. A non-standard representation agreement (under s. 9 of the Representation Agreement Act) can now only deal with the personal care and health care of the adult, and not with the adult’s finances. The duties and powers of an attorney are now specified in sections 19 and 20 of the Power of Attorney Act, respectively. Both speakers provided great overviews.

Elder Law
Penny Washington presented on amendments to the Health Care (Consent) and Care Facility (Admission) Act (HCCFA). She discussed some additions to the list of temporary substitute decision makers set out in statute and the introduction of advance directives (AD). Prior to the new legislation coming in to force the only advance planning documents for substitute health care decision making in B.C. were representation agreements completed in accordance with the Representation Agreement Act. When made in accordance with the HCCFA, ADs will make it possible for health care providers to deliver treatment in accordance with the wishes of the patient expressed in their AD, without involving any substitute decision maker. Court judgments regarding end of life decisions were also discussed, particularly the recent decision of the Ontario Court of Appeal in Rasouli v. Sunnybrook Health Sciences Centre, 2011 ONSC 482. Ms. Washington noted that this case is an excellent argument for the use of AD, but it is not yet known how this case will be interpreted in B.C. due to significant differences in legislation.



Environmental Law, Municipal 
Law and Public Sector Lawyers 
Joint Meeting

The Public Sector Lawyers, Municipal Law and Environmental Law Sections combined forces to host a joint webinar in Victoria and Vancouver. Public Sector Lawyers Section provided the topic of carbon neutral government and speakers in Victoria, while the Municipal and Environmental Law Sections organized a lunch venue in Vancouver. Members from both cities could participate as a group through the Webinar platform at specified locations, as well as view the live video feed from anywhere in the province. Chris Rolfe and Colleen Sparks discussed B.C.’s legislative framework and the future of building a carbon neutral public sector, including the targets established by the legislation, the measurement and reduction of emissions, off-setting and verification methods. With the technical assistance of the Sections Administrator, Kevin Harding, the meeting was a success from all perspectives – technical, educational and social.

Tools
Planning a Section meeting with an out-of-town speaker? Consider using CBABC’s Webinar platform to save on the cost of airfare and accommodations. This can also be done with different Sections interested in the same topic as a joint meeting (see the Section Update for the meeting of December 6, 2011). Webinars are easy to set up and the CBABC Sections staff will be there every step of the way. “I was surprised how seamless the technology for the webinar was,” states Jennifer Agnolin, Environmental Law Section Secretary. Tina Parbhakar, Public Sector Lawyers Section Registration Officer explains: “This was my first time organizing a Section meeting, let alone a joint Section meeting and webinar broadcast, and it turned out to be very easy. I would strongly recommend working with other Sections and using CBABC technology to spread knowledge among practitioners to the fullest extent.” Eliminate travel time and enjoy the benefits of new perspectives with Webinars!

We welcome you to contact CBABC Sections staff and share your feedback using this new system.

Enrol online today! www.cba.org/BC/PD/main/section_enrolment.aspx

This article was published in the February 2012 issue of BarTalk. © 2012 The Canadian Bar Association. All rights reserved.