INSIDE: British Columbia

Transcription

INSIDE: British Columbia
Winter 2014
Volume 23 • Number 4
Published Quarterly by The Society of Notaries Public of British Columbia
Cover Story:
East Vancouver Notary Frank Spartano INSIDE: British Columbia
Publications Mail Agreement: 40010827
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NTL 09/13
Property
Owner’s
Checklist
Have you received your 2015
property assessment notice?
Follow us
If not received in your mail by
January 18, call toll-free
1-866-valueBC (1-866-825-8322)
If so, review it carefully
Visit www.bcassessment.ca to compare
other property assessments using the
free, newly enhanced e-valueBC™ service
Questions? Contact BC Assessment
at 1-866-valueBC or online at
www.bcassessment.ca
Don’t forget...if you disagree with your
assessment, you must file a Notice of
Complaint (appeal) by February 2, 2015
When Reading the PDF Online
click on an article or page number
Beyond World-Class
P u b l i s h e d b y T h e S o c i e t y o f N o t a r i e s P u b l i c o f BC
24
Patrick Kelly
Sooke: The Middle of Everything
Frank Spartano
Craft Beers in BC: Exciting Times
La famiglia
e’ tutto! Filip de Sagher
39
ORIGINAL RECIPES
Traditional Italian
Comfort Food! 44
www.wildmanphotography.com
COVER STORY
Shawna Farmer
26
28
Growth of BC’s VQA Wineries Slackens
30
Tim Pringle, Lee Cartier
Welcome to the Okanagan Valley!
33
Nick Aubin
British Columbia: Vive la Différence!
34
Rhonda Latreille
FEATURES: BRITISH COLUMBIA
THE PRESIDENT OF THE SOCIETY
Beautiful British Columbia!
6
Farming is the Family Tradition
35
Rhonda Driediger
British Columbia’s Own Seniors Games!
Akash Sablok
New App Technology Developed in BC
THE CEO/SECRETARY Of THE SOCIETY
Richard Nasr
Working with International Documents
in British Columbia 36
Marco Castro
38
7
Wayne Braid
KEYNOTE
Splendor Sine Occasu 8
The Scrivener: What’s in a Name?
5
10
Services a BC Notary Can Provide
43
12
Master of Arts
in Applied Legal Studies Program
ALS 611 and ALS 612
Val Wilson
The Wild Side of British Columbia
Tom Saare
You Can Help Preserve BC’s History
Ron Hyde
Mastering Real Estate Transactions
Richard Olson
Balanced on the Edge of Change:
Port Alberni, British Columbia 14
15
Meet the Board of Directors
16
WHERE ARE THEY NOW?
Suzanne Ormiston
Land, Lots of Land
Reflections on My Academic Experience
Rocco Le
Nigel Atkin
Cranbrook Rules!
Rudy Nielsen
Surveying:
The Foundation of British Columbia
18
20
Jessie Vaid
46
47
48
Joyce Grandison, Still Making Memories 50
A Bit of Notarial History
51
Alan B. Campbell
Chuck Salmon
Powell River, BC’s Best-Kept Secret
Marilyn MacDonald
Gulf Island Contentment
21
Paul Harrison
Prince George . . .
Beautiful, Affordable, and Fun! Jaron Manning
4
22
Building Better Communities, One Grant at a Time
The Board of Governors
The Society of Notaries Public of British Columbia
52
Volume 23 Number 4 Winter 2014
The MiX
Business to Business 37, 53
APPRAISALS
Social Housing and the Value of an Expert
Dallas Alderson, Nathalie Roy-Patenaude
54
Published by The Society of Notaries Public
of British Columbia
SOCIAL ENTERPRISE
Vancouver Native Housing Society
Social Housing: A New Sustainable Funding Model
56
David Eddy
Editor-in-Chief
Ecological Gifts Program
The Role of Professional Advisors
in Conserving Ecologically Sensitive Land
58
David Cunnington, Elizabeth Jordan, Colby Knox
REAL ESTATE FOUNDATION
The 2014 Land Awards
Jack Wong
LAND CHAMPION
LETTERS
60
61
61
Seniors
Legal Issues in Residential Care
What’s New for the Tax Year 2014
Andrea Agnoloni
Editor’s
“West Icelanders” Discovering Ancestors
Marg and Bob Rankin
BC Notaries Speak Your Language
To send photographs
to The Scrivener, please see the
Editor's column on page 67.
70
Wills and Estates
Black Sheep and Scapegoats
in Dysfunctional Families 72
Trevor Todd
COMMUNICATING
Know Your Audience: Adapt for Success
Mark Smiciklas, Karen Cook
TECHNOLOGY
Tech Roundup to Start 2015
Akash Sablok
This journal is a forum for discussion,
not a medium of official pronouncement.
The Society does not, in any sense, endorse
or accept responsibility for opinions
expressed by contributors.
76
EVENTS & HONOURS
78
78
The Scrivener: What’s in a Name?
“A professional penman, a copyist, a scribe . . . a Notary.” Thus the Oxford
English Dictionary describes a Scrivener, the craftsman charged with ensuring
that the written affairs of others flow smoothly, seamlessly, and accurately. Where
a Scrivener must record the files accurately, it’s the Notary whose Seal is bond.
We chose The Scrivener as the name of our magazine to celebrate the Notary’s
role in drafting, communicating, authenticating, and getting the facts straight. We strive
to publish articles about points of law and the Notary profession for the education and
enjoyment of our members, our allied professionals in business, and the public.
Volume 23 Number 4 Winter 2014
All rights reserved. Contents may not be
reprinted or reproduced without written
permission from the publisher.
75
PEOPLE Where in the World Has The Scrivener Been?
email: scrivener@society.notaries.bc.ca Website: www.notaries.bc.ca/scrivener
64
68
The Scrivener
The Society of Notaries Public of BC
604 681-4516
67
TRAVEL
62
Martha Jane Lewis
TAXES
Val Wilson
Wayne Braid, Ken Sherk
Administration Amber Rooke
Courier Lightspeed Courier & Logistics
Photography Gary Wildman
Legal Editors
The Scrivener
Canada post: Publications mail
agreement No. 40010827
Postage Paid at Vancouver, BC
Return undeliverable Canadian
Addresses to circulation dept.:
The society of notaries
public of bc
Suite 700 – 625 Howe Street
Box 44
Vancouver, BC V6C 2T6
scrivener@society.notaries.bc.ca
5
THE PRESIDENT
Of THE SOCIETY
Akash Sablok
B
C reigns. It also rains.
They say that in BC,
you don’t tan, you rust!
We are fortunate to live in a
province rich in human resources,
natural resources, and spectacular
scenery, thanks in part to all the rain!
BC is home to a large mix of
ethnic groups. People travel from
across the country and across the
globe to live here. BC residents
speak English, Cantonese, Mandarin,
Punjabi, German, Tagalog, French,
Korean, Spanish, Farsi, and many
more languages.
Those words are true to this day.
When I travel now, I enjoy the best
of what my destination has to offer—
never comparing it to home here in BC.
My parents emigrated from the
State of Punjab, India, directly to the
Lower Mainland, where our family has
lived since. They saw an opportunity
here that was not available to them
in India at that time. They wanted their
children to experience life on both
sides of the world—and we have.
Before our first visit back to India,
some 5 years after moving here, my
father Tarlok told us, “Do not go to
India expecting Canada. Enjoy India
for what it is.”
Our province has elements
that are simply beyond compare.
We have amazing beaches, worldclass ski resorts, year-round sports
activities, yummy restaurants—more
sushi outlets per capita than Japan,
approximately 40,000 islands, and
the longest frost-free period in Canada.
Take that, Ontario!
Visitors quickly understand
why we love our province,
the people, the food,
the environment,
and yes . . .
even the rain!
We are large in land mass—about
four times the size of Great Britain and
larger than any US state, except Alaska.
And we like to huddle together. The
majority of our population resides in the
lower half of the province. Those who
live in the upper half experience BC’s
super-natural beauty as soon as they
step out their front door.
©iStockphoto.com/Kenneth_A_Meisner
In May 1986, the World
Exposition—also known as Expo ’86,
came to BC. We were put on the
international map as an innovative and
friendly place to visit. For many, those
visits turned into moves to our province.
6
TABLE OF CONTENTS
Photo credit: Jaslyn Thorne
Beautiful British Columbia!
The Society of Notaries Public of British Columbia
A few years back, clients of
mine—empty-nesters—moved out
of downtown Vancouver to Northern
BC. Easily able to work remotely,
they were required to go into the
Vancouver office only a few times
a year. Now, their greatest stress each
day is “Which hiking trail should we
choose this morning—right or left?”
Our vehicle licence plates
have “Beautiful British Columbia”
impressed on each one. Visitors
quickly understand why we love our
province, the people, the food, the
environment, and yes . . . even the
rain! s
Volume 23 Number 4 Winter 2014
THE CEO/
Secretary
Of THE SOCIETY
Wayne Braid
O
ver the years
in our Scrivener,
we have highlighted,
photographed, and discussed
various cultures in our
wonderful province and
pointed out that BC Notaries
represent many countries
around the world.
People who immigrated to
Canada, leaving family and property
and other assets behind, will someday
need to deal with those properties or
assets or the property or assets of a
family member who remained in the
country of origin.
A family member/client living
here will often visit the office of
www.stefanmatisphotography.com
Working with International
Documents in British Columbia
other than the one that issued it,
often it needs to be signed by the
family members living here and their
signatures must be authenticated.
People who immigrated
to Canada…will someday
need to deal with those
properties or assets
or the property or assets
of a family member
who remained in the
country of origin.
The traditional method for
authenticating public documents
to be used abroad is called
legalization, which consists of a chain
of authentications of the document.
The legalization process involves officials
of the county where the document
originated as well as the Consulate
or other representative of the country
where the document is to be used.
a BC Notary to have the Notary sign
and execute documents from the
client’s home country so they can be
used internationally. That can be a
complicated and cumbersome process.
The Hague Convention
A significant number of countries from
around the world are joined in a treaty
that simplifies the process I have
described. The Hague Convention
of October 5, 1961, is the treaty
that abolishes the requirement
of Legalization for Foreign Public
Documents. Where it applies, the
treaty reduces the authentication
process to a single formality and a
certificate is issued by an authority
designated by the country to do
so. That certificate is called an
Apostille—pronounced Apostee.
Before a public document—
for example a birth certificate,
university/college transcript, Will,
probate document, power of
attorney—can be used in a country
©iStockphoto.com/CGinspiration
The Challenge
Volume 23 Number 4 Winter 2014
The Scrivener
Canada is not a signatory to the
Hague Convention of 1961!
Many people go to a BC Notary’s
office looking for an Apostille because
the country where the documents
originated has asked for one—without
realizing that Canada is not a signatory
to the treaty.
TABLE OF CONTENTS
7
KEYNOTE
The Solution
Your BC Notary can assist you.
After the Notary executes the
documents in the normal manner
with the clients, the documents are
sent to the office of The Society of
Notaries Public where we include
a certificate stating that the Notary
who signed the document is “in good
standing” and had the authority to
sign the documents and apply his or
her Seal of Office to them.
Following that process, the
local Consulate of the originating
country will need to authenticate the
documents, as well.
To assist the transaction,
a BC Notary will also provide a
certificate known as a Form 10—
Certificate of International Identity.
Basically a replacement for an
Apostille, the Form 10 provides
assurance to the receiving party
in the foreign country that the Notary
•has properly identified the
person(s) in British Columbia,
•is able to carry out the above
Notarial Act, and
•has a Court appointment
as a Notary in BC.
We have been using the Form 10
as a Replacement for the Apostille for
over 30 years. It is accepted by most
countries around the world.
Most if not all the Consulates here
in Vancouver accept and use the Form
10 and understand that Canada is
not a party to the Hague Convention.
Often, they have to explain to the
Consulate in their home country—
or to the client who has received the
documents and needs them signed
and returned—that they will not be
able to get the Apostille they seek but
that there is an acceptable alternative
through the office of a BC Notary. s
8
TABLE OF CONTENTS
www.wildmanphotography.com
Splendor
Sine Occasu
P
utting this issue
together was fun.
With British Columbia as our
theme, the editorial possibilities
were endless—education, the law,
multiculturalism, mountain rescue
services, people who rescue animals,
arts and crafts, music, boating, hiking,
undersea adventures, and much more.
Those stories may come along in
future. The articles we did choose for
you showcase some of the diversity
and the beauty of our province.
We are very proud of the fine
articles about The History of British
Columbia that Bob Reid, UBC
Professor Emeritus, wrote exclusively
for The Scrivener, from 2002 to 2012.
To create this excellent
series, Bob thoroughly
researched his subject,
then expressed his
knowledge in his usual
entertaining style. www.
notaries.bc.ca/scrivener.
Bob Reid
Go to Archives.
Part 1:
Fall 2002
Vol. 11, No. 3
Part 2:
Fall 2003
Vol. 12, No. 3
Part 3:
Winter
2003 Vol. 12, No. 4
Part 4:
Winter
2004
Vol. 13, No. 4
Part 4A: Spring
2005 Vol. 14, No. 1
Part 5: Winter
2006
Vol. 15, No. 4
Part 6:
Summer 2007
Vol. 16, No. 2
Part 7:1 Fall
2007
Vol. 16, No. 3
Part 7:2 Winter
2007 Vol. 16, No. 4
Part 7:3 Spring
2008
Vol. 17, No. 1
Part 8:
Spring
2009
Vol. 18, No. 1
Part 9:
Fall
2009
Vol. 18, No. 3
Part 10: Summer 2010
Vol. 19, No. 2
Part 11: Spring
2011
Vol. 20, No. 1
Part 12: Fall 2011
Vol. 20, No. 3
Part 13: Winter
2012 Vol. 21, No. 4
The Latin motto of British
Columbia is Splendor sine occasu—
Splendour without Diminishment.
The gorgeous images that follow
certainly confirm the adage. Big thanks
to all our writers in this issue! s
BC in 6 Seconds
•The City of Victoria is named after Her Majesty Queen Victoria.
•The Queen created the Colony of British Columbia in 1858.
•BC became the 6th province of Canada
in 1871.
•The population of BC is under 5 million
people (rounding up).
•About half live in the Greater Vancouver area.
•BC’s economy is largely resource-based.
The Society of Notaries Public of British Columbia
Volume 23 Number 4 Winter 2014
©iStockphoto.com/EmilyNorton
Often the documents then need
to go to Victoria to the office of the
Minister of Justice where an official
provides a certificate indicating the
Secretary of The Society has the
authority to provide the “in good
standing” document.
Val Wilson
Editor-in-Chief
Introducing the
Reserve Fund Planning Program (RFPP)
UBC Real Estate Division is pleased to announce the new Reserve Fund Planning Program (RFPP), a national
program designed to provide real estate practitioners with the necessary expertise required to complete a
diversity of reserve fund studies and depreciation reports.
The program covers a variety of property types from different Canadian provinces, offering both depth and
breadth in understanding how reserve fund studies are prepared for condominium/stratas and other properties.
The RFPP program comprises two courses:
CPD 891: Fundamentals of Reserve Fund Planning
Find out more and apply to the program now:
A comprehensive overview of the underlying theory,
principles, and techniques required for preparing reserve
fund studies and depreciation reports.
realestate.ubc.ca/RFPP
CPD 899: Reserve Fund Planning Guided Case Study
Guides the student through the process of completing a
comprehensive reserve fund study report.
tel: 604.822.2227 / 1.877.775.7733
email: rfpp@realestate.sauder.ubc.ca
BRITISH
COLUMBIA
Tom Saare
The
Wild Side of British Columbia
Photo credits: Tom Saare
Grizzly Bear
We are blessed with an abundance
of clean air, fresh water, and
spectacular natural landscapes.
British Columbia is Canada’s
third‑largest province. At just over
940,000 square kilometres, it is
comprised of towering mountains,
dense forests, crystal clear lakes and
rivers, rich wetlands, rolling grasslands,
an extensive marine coastline, and
even our own “pocket desert.”
As a result of the diverse
landscapes, we are fortunate to
have an incredible array of fish,
wildlife, and plant species. In fact,
BC has more species of mammals
than any other Canadian province
or territory. Of our 137 species of
mammals, 24 are found only in British
Columbia. The province is also home
10
TABLE OF CONTENTS
to 488 species of birds, 468 species
of fish, 22 species of amphibians,
and 18 species of reptiles.
As a result of the diverse
landscapes, we are fortunate
to have an incredible array
of fish, wildlife, and plant
species.
No matter where you live in
the province, there are a vast
opportunities to get out and
experience the landscapes and
wildlife of BC. During the Fall and
early Winter, large numbers of
salmon return to their native streams
to spawn. Autumn is an ideal time
to visit the Adams River near Chase
to view spectacular runs of bright
crimson Sockeye Salmon or a take a
walk along the Alouette River in Maple
Ridge to see Chum Salmon swimming
upstream to spawn.
The Society of Notaries Public of British Columbia
©iStockphoto.com/dstone6
A
s residents of British
Columbia, we live in
one of the most amazing
places in the world.
The Harrison Bay area in the
Fraser Valley or Brackendale near
Squamish are ideal locations to
see Bald Eagles, particularly from
early November to January. MidOctober to December, the Reifel Bird
Sanctuary near Ladner offers the
chance to see thousands of Snow
Geese. During their long migration,
Brant Geese rest along the shores
of Parksville and Qualicum in March
and April.
BC boasts approximately 10,000
Grizzly Bears and 120,000 Black
Bears. We have
a very rare
population of
Black Bears that
are lighter in
colour. Kermode
or “Spirit” Bears
are extremely
elusive. They
live on the central coast particularly
on Princess Royal Island, and in
the north coast region, including
Terrace. If viewing Grizzly Bears
Volume 23 Number 4 Winter 2014
A female Moose seeking out Winter forage
near Cranbrook in the east Kootenays
is more to your liking, then take a
trip to Khutzeymateen Provincial
Park north of Prince Rupert. The
Khutzeymateen is Canada’s only
designated Grizzly Bear reserve.
There is a rich diversity of marine
mammals found along our 21,000
kilometre coastline. During the Spring
months, Tofino and Ucluelet on the
west coast of Vancouver Island are
popular areas for catching a glimpse
of Humpback and Gray Whales as well
as Stellar’s Sea Lions and Sea Otters.
A ferry ride from the Lower Mainland
to Vancouver Island or the Gulf Islands
may offer the opportunity to see
Pacific White-sided Dolphins or maybe
even a pod of Orcas.
Finally, a visit to Canada’s only
“Pocket Desert” in the Okanagan
region reveals some unique plant and
animal life. The Western rattlesnake
can be found there. Many are
The spectacular return of the Sockeye Salmon
to the Adams River near Chase
surprised to learn it is home to our
native praying mantis, the Ground
Mantis, as well as the Northern
Scorpion. Although the Northern
Scorpion can deliver a painful sting
to its human victim, the sting is not
fatal. The small, inquisitive-looking
Burrowing Owl is also found there.
Unlike many of its owl cousins, the
owl nests in underground tunnels
made by small mammals.
Invermere, Courtenay, Vancouver,
or one of the hundreds of other
communities in BC, take some time
to see and experience our outstanding
province. s
As British Columbians,
we have a rich heritage
of wildlife and wild places
at our door.
Prior to his position at BCIT, Tom worked
as a fish and wildlife technologist on a
variety of projects such as amphibian
inventory and assessment, fish sampling,
and GPS stream inventory and mapping.
As British Columbians, we have
a rich heritage of wildlife and wild
places at our door. Whether you live
in Atlin, Sandspit, Wiliams Lake,
A Humpback Whale off the coast of central BC. Humpbacks
have been known to stay under water as long as 35 minutes.
Volume 23 Number 4 Winter 2014
Tom Saare, Dipl. Tech., Assistant
Instructor, British Columbia Institute
of Technology, Renewable Resources,
Fish, Wildlife and Recreation Option
(FWR), is a graduate of the program
and has worked within it for 16 years.
Tom is also very active as a volunteer
with a variety of community stewardship
organizations.
saare@telus.net
A Hoary Marmot enjoying the Autumn sun
in Garibaldi Provincial Park
The Scrivener
TABLE OF CONTENTS
11
BRITISH
COLUMBIA
Ron Hyde
You Can Help
Preserve BC’s History
B
ritish Columbia has a
very colourful history, but
much of it is unknown
to many British Columbians.
Fortunately, hundreds of volunteer
groups work tirelessly to preserve and
display their local history.
British Columbia Historical Federation
The British Columbia Historical
Federation is a provincial umbrella
Federation in which many of those
groups participate through their
membership in the Federation.
• 141 historical societies, museums,
archives, historic sites, and
corporations are associated with
the BCHF.
• Collectively, they represent 27,160
individual members throughout
British Columbia.
• There are over 150 individual
(Associate) memberships by
British Columbians (and a few
others in Canada) who have a
strong interest in BC’s history.
• The Federation’s memberships
represent the entire province,
from Atlin to Pouce Coupé, Port
Edward to Sparwood, Horsefly to
Marpole—very small communities
and large cities are represented
and participate.
The Federation has actively
published a journal then magazine
since 1923. All memberships include
a subscription to “British Columbia
History.” The BCHF offers several
scholarships and book awards for
subjects reflecting the many facets
of British Columbia’s exciting history.
12
TABLE OF CONTENTS
You never know what might
be of special interest.
Members can promote students
and residents in their community
to participate in submissions for
the awards.
Residents throughout British
Columbia should look in the boxes
in their attics and basements for
photographs, papers, old post cards,
and so on and make time to share items
with their local museum and/or archives
that offer glimpses of our history.
• V
isit your local museum and
archives and ask what might be
of interest for their collection.
• T
hose old pictures and papers
might include something of major
interest to the local museum or
archives.
• I f there is a photograph you wish
to keep, the museum/archives will
scan it for their files and carefully
return the original to you.
You never know what might be
of special interest. I donated a 1923
photograph of a building on a street
in Vernon. The archives sent me a
letter of thanks. They were thrilled
with the picture itself and the fact that
it showed the rest of the street and
buildings because images of that street
were missing from their collection.
BC Genealogical Society
The BC Genealogical Society has
been recording people, places, and
dates since 1971 and has assisted
thousands of researchers working
on their family history.
The Society of Notaries Public of British Columbia
If you have recorded some of
your family history, you could share
a copy with the BCGS. That might
assist a researcher years from now
who is working on that name or family.
They have a great website with lots
of information, upcoming speakers,
and events.
www.bcgs.ca
Writers
Authors throughout the province
have preserved local history and are
appreciated for their interest and
preservation of British Columbia’s
past. Many British Columbians have
written books on parts of BC’s history.
Barry Gough has written several books
on BC history. He has just released
The Elusive Mr. Pond: The Soldier,
Fur Trader and Explorer Who Opened
the Northwest, a fascinating story about
a man actively involved in early history
and who assisted Alexander Mackenzie.
All British Columbians can
participate in the preservation of our
history. Unfortunately, when a senior
relative passes away, his or her boxes
of photographs, papers, stories,
and historic collectables are often
discarded and destroyed instead of
being preserved by local museums,
archives, or historical societies.
So . . . . before you discard old
treasures from a basement, attic,
closets, under the bed, and so on,
please check with your local archives
or museum. s
Ron Hyde is the Membership Chair
of the BC Historical Federation.
director1@BCHistory.ca
www.bchistory.ca
Volume 23 Number 4 Winter 2014
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BRITISH
COLUMBIA
Nigel Atkin
Balanced on the Edge of Change:
Port Alberni, British Columbia
W
hen you live on the
edge, it’s good to
know things are
balanced in your favour.
•Global investors weighing risk and
the potential certainty of their
investment, for say transshipment
or new LNG facilities, need
to know the province is well
managed.
That’s what it’s like living in
Port Alberni and in British Columbia.
•People moving to a community
need to know about its lifestyle
and that they are making a good
economic choice for their family.
The quality of life in Port Alberni,
as it is in many communities, is
tied to the economic health of our
province. Both futures are intertwined.
Few realize the size
of Vancouver Island
and Port Alberni’s
strategic placement on it.
BRITISH COLUMBIA
Balanced between
the Pacific Ocean and Salish Sea
The
Salish
Sea
VANCOUVER
ISLAND
Port Alberni
Str
ait
Mouth of the
Port Alberni
Inlet
of
Ge
org
ia
Vancouver/
Lower Mainland
Victoria
Stra
it of
de F
uca
Juan
Puget
Sound
Seattle
Tacoma
WASHINGTON
Few realize the size of Vancouver
Island and Port Alberni’s strategic
placement on it. It is an easy drive
from the middle of the Island to either
Ucluelet or Tofino to the west or to
the more populated communities in
Nanaimo and the Comox Valley to the
east on the Salish Sea.
•Vancouver Island’s landmass
is roughly 24 percent of England.
•Port Alberni’s underutilized
seaport is Canada’s closest
to Asia’s bustling commerce.
In Port Alberni, a number of
things are in balance: The mountains
and the sea; the abundant gifts
of both salt and fresh water; and
the respectful, even harmonious,
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The Society of Notaries Public of British Columbia
relationships between the native and
settler populations.
Daily access in town to grand
wilderness and the city’s community
services is balanced.
Port Alberni’s transition
from Industrial Age assumptions
into Information Age realities of
connectivity in global economic trade
seems balanced, thankfully tipping
inevitably toward the future
I tell Ontario friends that the
Alberni Valley lifestyle is like their
Muskoka was 50 years ago and,
as it was with Toronto back then,
Port Alberni is still largely unknown
by urban residents in Vancouver and
Victoria. Its baking summer heat is
more reminiscent of BC’s Okanagan
than anywhere else on the Island.
Balanced British Columbia
Internationally, as well, few understand
the size, stability, and economic health
of British Columbia. The province is
as large as California, Oregon, and
Washington combined, with room for
half of Idaho.
Despite the globally withering
effects of the economic crisis of 2008
and warnings that the return to what
is supposedly “normal” might be a
quite bumpy ride, British Columbia
to date remains balanced and stable
in a number of ways.
•British Columbia enjoys an AAA
credit rating as do only a handful
of nations, including Canada, and
reflects “conservative financial
Volume 23 Number 4 Winter 2014
BRITISH
COLUMBIA
management practices resulting
in stable fiscal performance and
a well-managed liability profile,”
according to Fitch Ratings. That
is supported by Moody’s Investor
Service, which calls on Canada
to maintain “fiscal discipline.”
•BC’s taxpayer-supported debt to
its gross domestic product (GDP)
ratio for the past decade has
been consistently lower than the
government estimated (with the
exception of 2009 and 2010 when
all jurisdictions in the world faced
economic recession and the fallout
in the financial and equity markets).
Today, BC’s projected debt-to-GDP
ratio (18.5%) is low compared to
other jurisdictions: Canada (36.6%),
Ontario (40.6%), Quebec (48.3%),
and the United States (73.6%).
•BC has reduced capital
expenditure to keep debt/
servicing cost affordable and
has also embraced expenditure
management including hiring
and management salary freezes
and greater controls on travel
and discretionary expenditures.
In this vein, the Balance Budget
and Ministerial Accountability
Act keeps government politicians
checked and balanced.
There are many other indicators
of the province’s appeal for today’s
international investors—democratic
institutions, rule of law, the
professionalism of province-wide
agencies such as the Municipal
Finance Authority, Land Titles,
BC Assessment, and many more.
Suzanne Ormiston
Cranbrook Rules!
C
ranbrook not only offers
cheaper prices for real
estate and less traffic,
it boasts more annual hours
of sunshine than any other
community in British Columbia!
When I lived in Vancouver, I spent
3 hours a day commuting to and from
work. Now the commute is less than
2 minutes—or a relaxing 15 minutes
on the days I decide to walk to the
office. I can spend more time enjoying
my life and my community.
Cranbrook
The gateway to the Kootenay Rockies,
Cranbrook has a population
of about 20,000.
After leaving work, I can be on
the lake, the ski hill, or the golf course
in less than 30 minutes. In its four
seasons, Cranbrook offers a wide
variety of other outdoor activities year
round, such as boating, camping,
ice-fishing, snowmobiling, hiking,
mountain biking, and hunting.
The town is surrounded by the
big beautiful outdoors—it’s a great
place to raise a family! s
We have a major regional hospital,
lots of shopping and amenities, and
a huge recreational complex.
Telephone: 250 426-4352
span@shaw.ca
www.cranbrooknotary.com
A Notary Public in Cranbrook for just
over 14 years, Suzanne Ormiston
(formerly Suzanne Pantazis) has lived in
the community for more than 20 years.
Photo credit: Vincent Photography
Those are some of the things
people consider before investing
billions of dollars for energy and
trade infrastructure on Vancouver
Island. In this regard, the ongoing
economic and environmental health
of communities such as Port Alberni
hangs in the balance. s
Nigel Atkin teaches the Evolution
of Public Relations course online at
UVic and offers on-site communication
workshops to leverage human capital
and exploit the multiplier effect
of becoming better communicators.
Natkin2020@gmail.com
Volume 23 Number 4 Winter 2014
Suzanne was recently married at the St. Eugene Golf Resort in Cranbrook.
The Scrivener
TABLE OF CONTENTS
15
BRITISH
COLUMBIA
www.wildmanphotography.com
Rudy Nielsen
Land, Lots of Land
W
All photos of the Nulki Ranch in Vanderhoof, BC, taken by Rudy Nielsen
hen I was a young boy
in Holland, Canada was
a big, mysterious place.
My knowledge of this country
came from picture books showing
mountains, log cabins, endless plains,
indomitable Royal Canadian Mounted
Police, stoic First Nations, root-tooting
cowboys, and not much else.
I imagined there were no other
communications, no televisions, no
films, or newsreels. In my mind there
were no big cities in Canada, just
Mounties and mountains, enormous
16
TABLE OF CONTENTS
As the business grew,
I thought why not add
ranches to the mix?
open spaces, ranches and cows, and
majestic wildlife. When we moved to
British Columbia when I was 9, reality
was different. Vancouver had high-rise
towers, no log cabins, and no cows.
Even when we found ourselves in Prince
George, that tough frontier town with
loggers and pubs, deep Summer dust,
and -40º F Winters was far more urban
than my books had lead me to believe.
The Society of Notaries Public of British Columbia
There were, however, ranches
around Prince George and the Williams
Lake area—huge ranches, with cows
and vast acreages of pristine land.
I’ve always been fascinated
by ranches and all they contain,
especially when set against British
Columbia’s spectacular backdrop of
nature untamed. Fast-forward some
30 years and I was running a real
estate office, specializing mostly in
residential, industrial, and commercial
properties.
As the business grew, I thought
why not add ranches to the mix?
Volume 23 Number 4 Winter 2014
I bought a ranch in Smithers, the
Bar-T ranch, a modest spread of about
2200 acres. Along with the land came
300 head of lowing, shoving meat,
hide, horns, and cantankerousness.
I had much to learn about
ranching, and I had to learn quickly.
In the first Winter, when the
temperature dropped, I figured the
best way to store hay was to stack the
bales on top of one another. Well, that
wasn’t the brightest idea; the bales
froze solid.
Given open access to towering
stacks of heavy bales of hay, the cows
gathered around and pulled out what
they could reach, steadily chomping
their way into the bases of the swaying
towers of grass. Eventually, the bales
toppled over and squashed six cows.
That unfortunate and costly lesson
pushed me to learn fast about cows,
hay, and running a ranch.
Weather is an instrumental factor
for the number of cows you can own on
a ranch. Harsh Summer weather means
less hay production and less food for
cattle in Winter. A ranch can sustain
only as many cows as the hay that it
produces will feed. On average, it takes
two tons of hay to feed one cow for the
Winter months. Of course, it varies in
each region of the province because
Winters are longer in some areas.
The ability to irrigate is a
significant factor in cattle ownership.
Without irrigation, you can produce
about a 2 tons of hay per acre.
With irrigation, the yield grows
fivefold to about 5½ tons of hay
per acre.
The beef cattle industry is an
integral part of BC’s economy, history,
geography, and identity. According
to the British Columbia Cattlemen’s
Association, BC ranches occupy
over 5 million acres of private land
and have a tenure on a further 21.5
million acres of Crown range-land.
The average size of cattle farms
in BC is 1074 acres.
Today, my love of the outdoors
and the great province of British
Columbia is stronger than ever.
I’ve purchased more ranches since
and learned to re-adjust boundaries
and sell off parcels not needed for
production. My ranch—my home
away from home—is the Nulki ranch,
nestled between the shores of Tachick
Lake and Nulki Lake in Vanderhoof. s
Rudy Nielsen, RI.I, FRI, is the President
of Landcor Data Corporation and Niho
Land & Cattle Company Ltd. and the
Founder of LandQuest Realty Corp.
www.landcor.com
THE BEST ADVICE YOU CAN GIVE
IS TO HELP YOUR CLIENTS GIVE WISELY.
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With total assets of over $180 million we grant over $10 million annually to worthy
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Volume 23 Number 4 Winter 2014
www.victoriafoundation.bc.ca
12-06-18 2:44 PM
The Scrivener
TABLE OF CONTENTS
17
BRITISH
COLUMBIA
The Scrivener
Chuck Salmon
Surveying:
The Foundation of British Columbia
Margaret Falls in Herald Provincial Park, British Colombia
T
he Hudson’s Bay Company,
followed by three
colonial governments and
eventually the British Columbia
government, developed the
survey structure or fabric of BC.
That resulted in nine survey
systems being the foundation for all
surveys within our province. Land
surveying within BC is far more
complex than the other western
provinces because of the variations
brought about from the nine systems.
Not only is land surveying in BC
more complex, ownership rights are
more complex. Many of the early
surveys included rights that were
not included within grants from the
province or Canada.
For instance, some of the early
grants included the right to ownership
18
TABLE OF CONTENTS
of land lying below the natural
boundary. For creeks and streams, that
meant the right of ownership to the
middle thread. I have seen situations
where one side of a section of a creek
is owned privately and the other side is
owned by the province.
BC prides itself on its
modified Torrens land
title system wherein a
person does not have to
look at all the information
behind the title.
To undertake surveys of lands in
BC, our land surveyors are trained to
know and understand the complexities
of the survey fabric. You may have
heard reference to the cadastral fabric,
the survey fabric, or survey structure—
all relate to the orderly development
The Society of Notaries Public of British Columbia
©iStockphoto.com/AKodisinghe
of property in BC, beginning with the
first or primary surveys and following
with the ongoing subdivision of those
lands. Land surveyors must know and
understand not only the survey fabric
but the ownership rights and how
various lands were brought into title.
Fortunately, only one primary
survey system is in use today—the
Modified District Lot system.
BC prides itself on its modified
Torrens land title system wherein a
person does not have to look at all
the information behind the title.
That may be true for title, but it is
not always applicable for ownership.
It generally means that land surveyors
must research more than the current
plan of survey and the title.
Land surveyors need to know how
that title was originally created and
what other factors affect the rights of
ownership within that title.
Volume 23 Number 4 Winter 2014
They need to know what survey
evidence was used to establish or
re-establish the property boundaries.
They need to know the root
of title—for instance, were the
lands granted by the Hudson’s Bay
Company, a colonial government, the
Province, the Esquimalt and Nanaimo
Railway (E&N), or by Canada.
Most people are aware that when
BC entered Confederation, large tracts
of land were provided to the Federal
government to build the railway linking
BC to Eastern Canada. Those lands
are referred to as the Railway Belt or
Railway Grants. Much of that area
was surveyed as dominion townships;
lands were granted to prospective
owners by Canada.
The survey fabric of BC…
is paramount in the
economic development and
economy of the province.
grants of lands as Blocks within the
E&N land grant.
Consequently, each of the
respective means through which lands
became owned by private individuals
contained differing restrictions as to
ownership.
single source, the Land Title and
Survey Authority of BC is developing a
database that will deliver that platform.
Mike Thomson’s article in the Summer
2014 issue of The Scrivener talked
about ParcelMap BC, which will deliver
a view of that survey fabric with links
to appurtenant title information.
The survey fabric of BC, along
with title raised based on that
fabric, is paramount in the economic
development and economy of the
province. Owners have the ability to
raise capital based on that ownership.
It is therefore essential that there is a
trusted title system built on a sound
survey fabric that can be relied upon
by financiers in order for the province
to grow. Land surveyors provide a
valuable service in establishing and
maintaining that survey fabric and
providing the means for the economic
development of the province. s
There are also large tracts of
land within the Kootenays that were
surveyed as large District Lots and
then further granted as sublots within
those larger tracts.
But, not only is ownership affected
by exclusions in the grants, it can
also be affected by mineral and other
subsurface rights or gazette notices
designating portions of the lands
as highway or road. Many of those
exclusions or restrictions are not
generally shown on title, which is why
BC land surveyors need to look beyond
just what is recorded on the title.
Chuck Salmon is Secretary/Registrar
of the Association of BC Land Surveyors.
And of course, islanders are more
familiar with the E&N surveys and
Although today this survey fabric
is not available to be viewed in any
Telephone: 604 655-7222
csalmon@abcls.ca
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the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms.
Volume 23 Number 4 Winter 2014
The Scrivener
TABLE OF CONTENTS
19
BRITISH
COLUMBIA
Marilyn MacDonald
Margot R.
Rutherford*
Notary Public
A Member of The Society
of Notaries Public of British Columbia
*Denotes Professional Notarial Corporation
981 Fitzgerald Avenue
Courtenay, BC V9N 2R6
Tel: 250 338-6251
Fax: 250 338-5337
email: mrrutherford-notary@shaw.ca
KABAN
PROTECTIVE
Your Security
and Protective Specialists
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Tel.:
604 251-2121
Fax:
604 251-2323
Toll Free: 1-866-451-2121
okaban@telus.net
www.kabanprotective.com
Associates in 63 Countries
20
TABLE OF CONTENTS
Powell River,
BC’s Best-Kept Secret
P
owell River is a small city
of about 13,000 residents
on the mainland of British
Columbia, accessible only
by ferry, boat, or plane.
The city had its beginning as a
mill town. The Powell River Company
set the tone for the town by creating
the planned community of “Townsite,”
which was designated a National
Historic Site of Canada in 1995.
Townsite is a treasure of wellpreserved homes from the early 20th
century. Today, it is also the home
of “Townsite Brewing,” our own craft
beer company, which is enjoying great
success. Townsite also has the oldest
continuously operating movie theatre
in British Columbia, the Patricia, which
has been operating since 1913.
The mill has downsized over the
years and now employs only a few
hundred people. It is still an important
economic driver for Powell River, but
its influence has waned considerably.
Powell River is enjoying an influx
of retirees. They have brought with
them a certain cosmopolitan lifestyle
that is evidenced in new restaurants
and coffee shops. About 40 percent
of the homes that were purchased
in 2013 were bought by out-of-town
buyers, most of them with plans to
eventually move to Powell River.
Because of its inclusive policies
and programs, Powell River has also
been designated a “model community”
The Society of Notaries Public of British Columbia
for the disabled. Our second-largest
employer is the Inclusion Powell River
Society; they run many programs for
persons with diversabilities, including
children, adults, and seniors.
It’s also a great place
to just kick back and
relax and enjoy the
breathtaking scenery.
Powell River is situated near the
home of the Tla’Amin First Nation.
The city has partnered with Tla’Amin
in a number of joint economic ventures.
Tourism is very important, despite
being negatively impacted in the
last few years by rising ferry costs
and cutbacks to ferry service. Once
you get here, outdoor activities are
abundant—you can enjoy hiking,
mountain biking, fishing and charters,
climbing, diving, kayaking, canoeing,
or horseback riding in the Summer
and, in the Winter, skiing, snowshoeing,
and snowmobiling. It’s also a great
place to just kick back and relax and
enjoy the breathtaking scenery.
We love this little city. After
struggling with big-city life, we can now
go to town with a list of errands and be
back home in 2 hours with everything
done. No traffic, no parking problems,
no lineups. We still enjoy our visits to
the big city, but after a couple of days,
we can’t wait to get home! s
Marilyn MacDonald is the graphic artist
for The Scrivener.
Volume 23 Number 4 Winter 2014
BRITISH
COLUMBIA
Paul Harrison
Gulf Island Contentment
T
Island Dwellers
Paul and Kyoko Harrison
The guest cabin near the big house
here we were in our
mid-50s, all dressed up
with no place to go.
We had lived and worked in many
cities on earth. Big or small, they
managed to retain the sameness of
any city in any industrialized country.
It was time to move again.
My wife Kyoko was all for it.
“Sounds like a good idea! But I have
two conditions: No bears and no
cougars.”
After some extreme Googling,
I hit pay dirt: The Gulf Islands—home
to the largest slugs on the planet. Four
weekends later, we bought 1.5 acres
of dense bush on a steep rocky site
on Galiano Island. Five years later,
we were living in our dream home.
We built it ourselves. It was both
harder and easier than we thought.
And it certainly was cheaper.
A FAQ: “Don’t you get to feeling
isolated?”
The amenities are basic but
they are all here—groceries, eateries,
farmer’s market, pub (every Gulf
Island has at least one), gas, diesel,
recycling depot (ideal for catching
up on the latest gossip), repurposing
(there is not much waste on the
Islands in general), medical centre,
doctor, veterinarian, a BC Notary
and a dentist who visit regularly,
ATMs, library, school, galleries,
even mechanics.
Island life is not quite
what we expected it to be.
It has turned out better.
We don’t spend a lot of money.
Living in Japan, I remember everyone
walking around with $400 to $500
in their purse or pocket and that
seemed normal. Here, the $50
I carry easily lasts a week.
No. It’s 1.5 hours from Little Smoke
(Victoria) and only 55 minutes from
Big Smoke (Vancouver). Have no fear,
neon is near.
A ton of topsoil is hard on a car
so one investment worth indulging
is a truck. You can transport a month
of groceries from Little Smoke and
still have room in the back for a
Borget quince tree and 5 rhodos.
For the right frame of mind,
small-island living isn’t dull. Our
diverse population on 1500 hectares
includes loggers, writers, fishers,
artistes, innkeepers, craftspeople,
old-timers, new-timers, masons,
carpenters, idealists, curmudgeons,
philosophers, lawyers, Summertime
senators, farmers, and many more.
Island life is not quite what
we expected it to be. It has turned
out better. You eventually get
geographically and meteorologically
“nudged” into using all your senses
and abilities. You find you need your
brawn, brain, heart, and spirit working
concurrently to succeed without
wasted effort.
Volume 23 Number 4 Winter 2014
The Scrivener
The payoff is that elusive state
of satisfaction called Contentment.
If any ingredient is out of whack—
too much brain for example, it
becomes readily apparent and can
be immediately adjusted.
Where else can you hear and see
orcas, loons, owls, even hummingbirds,
and watch your dog gently escort
sweet little island deer away from your
blueberry patch? Pete
the Flabrador always
waits for the tiny fawns
to catch up with Mom.
His technique is to use
a low rumbling growl
until the deer move out
to our property line.
We feel good here. The wood stove
is on. The neighbours are hosting a
potluck supper tonight. I am about to
take Pete for a swim and then go get
a new tire for the wheelbarrow.
I’ll spare you my treatise on
stump-pulling. s
Ably assisted by his darling wife Kyoko
(Flower of the East), Paul Harrison
is a builder here and abroad, a former
teacher, an every-trade-necessary-tobuild-a-house person, an unrepentant
Luddite, and a man prone to taking on
gargantuan projects at an advanced age.
FYI: “Nanaimo” translates as
“seven potatoes” in Japanese.
“The Queen of Nanaimo” evokes
the image of Victoria Regina—
with sceptre, mace, and tiara—
surveying her collection of russets!
TABLE OF CONTENTS
21
BRITISH
COLUMBIA
Jaron Manning
Prince George . . .
Beautiful, Affordable, and Fun!
Canada Games House
Home to the 2015
Canada Winter Games
February 13 to March 1, 2015
P
rince George is the largest
city in Northern British
Columbia.
Known as BC’s Northern Capital,
it is situated at the confluence of the
Nechako and Fraser rivers, where
Highways 16 and 97 meet.
Prince George residents
enjoy the benefits of a low rate
of unemployment, a strong local
economy, and very affordable housing.
We experience relatively long Winters
22
TABLE OF CONTENTS
with more snow and cold weather than
most people might consider normal or
even tolerable. I’ve heard we Northern
BC residents might even be considered
by some to be somewhat rough around
the edges.
Prince George
residents enjoy the
benefits of a low rate
of unemployment,
a strong local economy,
and very affordable housing.
A city relatively far removed from
other municipalities, my home town
offers the amenities of a larger city
with immediate access to wilderness,
wildlife, and outdoor activities.
The Society of Notaries Public of British Columbia
Photo: Kelly Bergman, Berg Media
We are proud to be home to the
University of Northern BC, which has
been providing quality education since
it was established in 1990.
Personally, I love living in Prince
George and all it has to offer. Aside
from 8 years in Calgary, I’ve spent my
whole life here.
I grew up in a family where
enjoying all things outdoors is a way
of life. We have close and easy access
to perfect locations for hunting,
fishing, hiking, biking, running, skiing,
and snowboarding, to name a few. No
matter what a person’s outdoor hobby
of choice might be, chances are it’s
only minutes from our doorstep here.
At the moment, Prince George is
counting down to the 2015 Canada
Winter Games, February 13 to
Volume 23 Number 4 Winter 2014
Photo: Kelly Bergman, Berg Media
Photo: Kelly Bergman, Berg Media
Photo: Kelly Bergman, Berg Media
Mr. PG, keeping watch since 1960
Photo: Kelly Bergman, Berg Media
Looking up the Fraser River
The old railway bridge across the Fraser
A frosty Winter morning over downtown Prince George
March 1, 2015. The local school district has adjusted the
2-week Spring Break to coincide with the Games to ensure
as many residents as possible can enjoy this exciting event.
My wife and I are raising our children in a beautiful city,
surrounded by stunning wilderness, in a home on an acreage
we can afford. We both work at jobs we like, with people we
love. We wouldn’t want to be anywhere else! s
Jaron Manning is a BC Notary in practice at Manning Notaries
in Prince George.
jaronmanning@telus.net
Photo: Kelly Bergman, Berg Media
Jaron, Finn, Bella
and Lindsay.
Lazing in the grass
for a family photo!
Volume 23 Number 4 Winter 2014
The Scrivener
TABLE OF CONTENTS
23
BRITISH
COLUMBIA
Patrick Kelly
Beyond World-Class
A
fter I graduated from
UBC, a serendipitous
choice led me to
spend the next 35 years being
part of the neighbouring
communities of Whistler and
Pemberton, BC, located in
the “Sky” part of Sea-to-Sky
Country, approximately
1½ hours from Vancouver.
Like many current residents of the
area, I came for a season or two
of skiing and found a perfect place
to raise a family and build a successful
business career.
The story of Whistler’s evolution
to its current status as one of the
world’s best mountain resort
communities is too long for these
24
TABLE OF CONTENTS
Mount Currie between Whistler and Pemberton, BC
Whistler is a well-known
resort destination that
attracts over 2,000,000
people a year from
around the world.
pages but I can assure you that
being part of it is both exciting and
exhausting! The community is young,
healthy, and entrepreneurial and
we live in a place of unparalleled
beauty. Sharing our local knowledge,
experiences, and love of our
community with the growing number
of visitors and part-time residents is
part of what makes living in Whistler
and Pemberton a very special
experience for both residents and
visitors.
Each community has a distinct
personality and business environment.
The Society of Notaries Public of British Columbia
©Shutterstock/ Pierre Leclerc
Whistler is a well-known resort
destination that attracts over
2,000,000 people a year from
around the world. It offers five-star
accommodation, a full range of real
estate opportunities, multiple food
and beverage/dining options, and
commercial facilities and recreational/
entertainment activities.
Despite its impressive stature,
Whistler is a relatively small community
of only 11,000 full-time residents.
As a BC Notary, I am called on to do
the work expected by a community
of young families and active retirees
and to assist visitors with their diverse
legal needs while on holiday.
Pemberton, where I have chosen
to set up my office, is a beautiful
family-oriented agricultural community
of approximately 2000 people; it also
services the surrounding backcountry
recreational areas and surrounding
First Nations communities. Made
Volume 23 Number 4 Winter 2014
up of the some of the province’s
best farm land and surrounded by
breathtaking mountains, old-growth
forest, and abundant streams, rivers,
and lakes, Pemberton is an ideal
small-town experience located only
30 minutes by car from Whistler’s
world-class services and amenities.
Many young families whose
employment is in Whistler have chosen
to live, buy their first home, and raise
their children in the community.
NEW NAME FOR BC COALITION
OF PEOPLE WITH DISABILITIES
Our Board and members voted to change
our name to Disability Alliance BC (DABC).
The name Disability Alliance BC speaks to the importance of building strong connections
within and outside the disability community.
Nothing else has changed.
We’re still doing the same dedicated work for the disability community.
If you have questions about this change, please contact Jane Dyson.
jwd@disabilityalliancebc.org
Phone: 604 875-0188
www.disabilityalliancebc.org
Their Notarial requirements are as
varied as the range of residents that
make the northern part of Sea-to-Sky
their home. Although the business
volume is nothing like the larger cities,
it’s never repetitive.
The two communities offer both
residents and visitors a complete
range of experiences and services
ranging from hunting and fishing
in the backcountry to a unique spa
experience at a five-star hotel. We
enjoy arts and cultural festivals
and athletic events for participants
and spectators. In fact events as
varied as a yoga festival, craft beer
festival, car show, or free concert
take place almost every weekend.
If you are planning a trip there, go to
Whistler.com to see what is happening.
George E.H. Cadman, Q.C.*
604 647 4123 | gehcqc@boughtonlaw.com
With over 30 years’ experience, George
makes the complex simple to resolve
your real estate or corporate disputes.
*Member of the Notaries Public Board of Examiners
Uniquely West Coast™
Known for years as a place for
Winter sports enthusiasts, Whistler
and Pemberton now offer it all—year
round. It is a well-kept local secret
that Summer is more varied, active,
and enjoyable than the Winter season.
When not busy with business
concerns, my wife and I provide
time to a variety of local nonprofit
organizations and advisory Boards
in both Whistler and Pemberton or
are outdoors taking advantage of the
hundreds (literally) of recreational
experiences offered in the area.
Working in Whistler and
Pemberton might be a perfect
definition of a balanced Live/Work
scenario. I am fortunate to be a part
of it every day. s
Telephone: 604 894-9422
patrick@seatoskynotary.ca
Volume 23 Number 4 Winter 2014
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The Scrivener
TABLE OF CONTENTS
25
BRITISH
COLUMBIA
Shawna Farmer
Sooke:
The Middle of Everything
The view from my window
W
hen I opened my
Notary office, friends
from The Big City
would often ask me why
I chose to locate “in the middle
of nowhere.”
After all, at the end of my office
driveway, there are only two options.
•If you turn left and drive for an
hour, you will eventually arrive in
British Columbia’s vibrant capital
city of Victoria.
I like to think that I opened
my office in the middle
of everything!
My Notary office is located
on the first floor of my home in
rural, unincorporated Otter Point,
approximately 12 minutes west
of Sooke. If you blink, you’ll miss it so
I erected an unusual sign to let clients
know when they have cruised past.
•If you turn right and drive for
an hour, you will end up in Port
Renfrew on the wild-west coast
of Vancouver Island, the jumpingoff point for the iconic West Coast
Trail.
It is an area bordered by both the
District of Sooke and the unincorporated
area of Shirley. The entire region is
a vast stretch of rain forests clinging
to rocky outreaches that run into the
Salish Sea, the former Strait of Juan
de Fuca. Approximately 14,000
people—potential clients, I like to
think of them—call the region home.
The District of Sooke, the area’s
largest town, has grown from a rural,
resource-based region into a bedroom
community of Victoria. Since the decline
in activities like fishing and logging,
the focus is on new ways to promote
both the forest and sea, for example,
tourism, recreational fishing, whale
watching, hiking, cycling, and so on.
Sooke is the base for the majority
of services and retail operations
that serve the region. It is home
to 4 elementary schools, 1 middle
school, and 1 community high school.
I like to think that I opened my
office in the middle of everything!
In addition to my colleague Cheryl
Vavra who opened a more traditional
Notary office in the downtown core,
there are two well-established legal
practices. We work together well and
don’t hesitate to collaborate on the
unique issues that only arise in our area.
The winding highway with stunning
views serves to separate us from
the more traditional areas located in
other parts of the Capital Regional
District. This separation has brewed a
spirit of independence and a tradition
of volunteerism that you find when
Sooke museum
26
TABLE OF CONTENTS
The Society of Notaries Public of British Columbia
Volume 23 Number 4 Winter 2014
source. There are hundreds of water
sources in the region. The search often
requires phone calls to local historians
and longtime locals.
Bear outside the front door
of Farmer Notary
people understand that something
as ordinary as a heavy rainfall (in a
rainforest) can isolate its residents
from the rest of the planet.
For my Notary practice, this
means that it is crucial to have the
proper infrastructure in place to deal
with losses of power, communications,
and road access on a moment’s
notice.
In my practice I deal with all
the standard transactions that
BC Notaries do, but I quickly learned
that my clients’ issues are often
vastly different than those of my
colleagues in Victoria. When producing
identification, the majority of my
clients first present their Federal
Firearms Licence, although most
of them are personally known to me
through volunteering and community
service or friends or relatives
of previous clients.
Word of mouth is the base of my
business. You do a good job, you
are honest, you care for your clients,
and they tell others. Real estate
transactions can become major
investigations into such things as
the search for a community water
Volume 23 Number 4 Winter 2014
I can draft a standard travel
letter in the morning and notarize
documents in the afternoon for the
local farmer attesting that her llamas
meet global organic standards. Several
of my clients live “off the grid” in the
woods, with no power. Their needs are
different and I recognize that.
Sometimes it is difficult
working in paradise; it is
easy to get distracted by the
view out the window.
I serve loggers and fishermen
who attend the office directly from
extended periods in the forest or
on the ocean. Air freshener is an
important staple in the office. I have
had clients give me thank-you gifts
of halibut, truffles, vegetables, eggs,
and honey. I have been also offered
a beehive, a goat, and chickens for
services, all of which I graciously
declined.
When you first arrive in Sooke,
you would be hard-pressed to call
it attractive. The downtown is a
haphazard mix of architecture; it
appears to be a place with more
potential than structure. You
don’t have to look very far to find
breathtaking beaches and hiking trails.
One block south of the downtown core,
there is a boardwalk called the Rotary
Pier where you can go crabbing or
simply stroll to a beautiful park.
The Scrivener
Sooke boardwalk
There are world-class
accommodations and restaurants and
the new Prestige Oceanfront Resort,
with conference facilities capable
of hosting events for up to 300 people.
There are also funky places to dine
and shop. A day spent touring the local
museum and Sun River community
gardens, especially during the harvest
season, will convince you that the
people who live here are a unique and
special group.
Sometimes it is difficult working
in paradise; it is easy to get distracted
by the view out the window. Cruise
ships and killer whales pass against a
backdrop of the Olympic Mountains.
Many wild animals roam the property,
which a recent visitor found out when
our resident bear greeted him. “Fear
not,” I told him, “we have office safety
procedures in place for this.”
I invite you all to visit the Sooke
region and my office to compare
views. Please call ahead. You never
when I will be out enjoying the middle
of everything. s
Shawna Farmer is a BC Notary Public
practising in the unincorporated area
of Otter Point, due west of Sooke.
Telephone: 250 642-6778
farmernotary@shaw.ca
Twitter: @farmernotary
TABLE OF CONTENTS
27
BRITISH
COLUMBIA
©iStockphoto.com/nitrub
Filip de Sagher
Craft Beers in BC: Exciting Times
I
n our garden grows
a vigorous climbing plant,
a member of the Cannabis
family: Humulus Lupulus or
common hop.
The female flowers, called hops,
have been put into beer since
medieval times for various reasons.
It adds a distinctive flavour to beer,
it has antibacterial properties,
it assists with clarifying the brew,
and it also helps with preservation.
A useful plant, indeed!
I planted the hop because it
reminds me of my roots. I will always
have images in my head of the fields
in southwest Flanders (Belgium), with
row upon row of long poles and wire
trellises upon which the hop grow
high above the ground. The social and
economic impact of the crop was well
described in scenes of hops-harvesting
families in England by William
Somerset Maugham in the classic
Of Human Bondage.
Imagine my delight then when
I saw similar fields during beertasting trips in the Yakima Valley
in Washington and again in the
Willamette Valley in Oregon. Both
states are major producers of hops on
a global scale, especially Washington,
and are coping these days with huge
demand and labour shortages.
That is an immediate consequence
of the increased demand for craft
beers there and also in our province.
28
TABLE OF CONTENTS
The BC breweries are fast creating
a hopping beer scene that already
exists in Seattle and in Portland.
I understand that in the very
near future, we are to see the
establishment of the 100th (!) craft
brewery in British Columbia and there
is apparently no end in sight to the
exponential increase of craft beer
sales. You can find more detailed
statistics in the quarterly marketreview reports from the Liquor
Distribution Branch. www.bcldb.com
A storm is indeed brewing.
The BC breweries are
fast creating a hopping beer
scene that already exists
in Seattle and in Portland.
During my research for this piece,
I came upon many recent articles
describing the exciting tidings in
this industry see www.bcbusiness.
ca/beer. At the same time, we see a
multiplication of beer events, festivals,
and distributions of awards. Canada
as a whole is actually making great
progress in the world of craft beer.
This year, for the very first time, a
BC beer won an award at the World
Beer Awards—Whistler Black Tusk
Ale. www.worldbeerawards.com/2014
It is a prestigious event with
awards in many categories and
where almost without fail, Belgian
beers come out on top. Many of BC’s
microbreweries reflect Belgium’s
The Society of Notaries Public of British Columbia
beer traditions in their products.
One of those is the Dageraad
Brewing brewery in Burnaby with
two excellent beers: Amber and
Blonde. I recommend them highly.
www.dageraadbrewing.com
BC’s microbrewers have their own
association, the BC Craft Brewers
Guild, www.bccraftbeer.com, that is
promoting its members and working
together with the government to
support its industry. The more relaxed
provincial liquor laws and municipal
bylaws have indeed done their part in
making this industry buzz. One of the
consequences is the increased opening
of tasting lounges at these breweries
where food and beer are paired.
Personally, I think it is more
than the great taste that makes
this BC industry bubble. I see an
explanation in what the Germans
call “the zeitgeist” or “the spirit
of the age.” There is a certain
antiglobal, anticorporation, and
antibland flavour in their glasses.
It’s about independence, creativity,
and experimenting. The businesses
are small, create local jobs, and are
community-oriented.
In short, it’s the spirit
of British Columbia. s
Filip de Sagher and his wife
Hilde Deprez have their Notary office,
Deprez & Associates, in Point Grey.
Telephone: 604 221-4343
www.notarydeprez.com
www.fdsimmigration.ca
Volume 23 Number 4 Winter 2014
Craft vs. Micro
Both terms are used
interchangeably and mainly
to differentiate them from the
global giant breweries. There is
a difference, however. A microbeer
brewery refers to the (limited)
amount it produces annually while
a craft beer brewery refers to the
techniques of its production and
in particular to the ingredients
used to create distinct brews.
You and your clients
can always be there
for them.
Ale vs. Lager
For the longest time, the only
type of beer was the ale. The
fermentation (with top-fermenting
yeast) does not take too long and
happens at relatively “warm”
temperatures. Stout, porter, bock,
and pale ales all belong in that
category. In the 19th century
a new style was developed:
The lager. Here, the fermentation
(with bottom-fermenting yeast)
takes longer and takes place at
colder temperatures, resulting in
a clearer beer with a less-strong
taste. Globally, this style of beer
is now the most popular. A wellknown kind of lager is the Pilsner,
originally brewed in Plzen in the
Czech Republic. Budweis, another
city in that country, produces a
beer that gave rise to a worldfamous trademark rights dispute.
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make to an animal in need. Include a gift in your Will or designate a life
insurance policy to the BC SPCA to set tails wagging!
Visit us today at spca.bc.ca/support or contact
Yolanda Benoit
ybenoit@spca.bc.ca
1.800.665.1868
IPA or India Pale Ale
This style of beer refers to a
hoppy beer with higher alcohol
content. Its origin is interesting.
At one time (let’s say the 18th
century), the British colonized
the huge subcontinent of India;
that required a large presence
of administrators who all craved
beer from the mother country.
For the product to survive the
long transport and hotter climes,
breweries added hops and alcohol.
The royal representatives liked the
result and when retiring to their
English cottage, they insisted
on getting their India ale. The
breweries imported what they
exported, so to speak, and a star
was born.
Volume 23 Number 4 Winter 2014
Be remembered.
Your client can create a
lasting legacy of love for
all of BC’s children.
For more information please contact
the Gift & Estate Planning team at
1 888 663 3033
or plannedgivinginfo@bcchf.ca
The Scrivener
bcchf.ca
TABLE OF CONTENTS
29
BRITISH
COLUMBIA
Tim Pringle
Lee Cartier
Growth of BC’s VQA
Wineries Slackens
B
©iStockphoto.com/Communication Resources
C’s wine industry is well
into its third decade since
the North American Free
Trade Agreement (1989) led
producers to abandon their
concentration on bulk wines
and invest in a strategy focused
on premium wines.
Today BC’s Vintner Quality
Alliance (VQA) wines “dominate
the quality wine market in BC.”
BC Wine Institute
The Financial Post wrote recently
that “BC’s grape wineries scoop huge
numbers of international awards, more
than 2100 in 2013 alone.”
Underlying this success is a
vineyard and winery industry that faces
new challenges.
The Number of BC Grape Wineries
In 1990: In 2014: 21
254
•90.4% of vineyard acreage
is in the Okanagan and
Similkameen Valleys.
•70.5% of wineries are in the
Okanagan and Similkameen
Valleys.
Information taken from the
2014 Wine Grape Acreage Report
30
TABLE OF CONTENTS
•The first is that wine-grape
vineyard capacity now exceeds
market demand that is based
primarily on BC consumers.
•Second, lands suitable for
growing quality wine grapes in the
Okanagan have to compete with
other potential uses; land prices
are very high.
Underlying this success
is a vineyard and winery
industry that faces new
challenges.
By almost any measure, the
wine industry in the Okanagan and
Similkameen Valleys has enjoyed
23 years of success. “The Okanagan
industry delivered a compound annual
growth rate of 9.4% from 2000 to
2010, while the provincial average was
4.0%.” (L. Cartier, 2013) Riding this
buoyancy, many new wineries entered
the BC industry; 21 wineries in 1990
inflated to 254 by 2014.
There are signs that the
production of wine grapes is now
exceeding demand. The Vancouver Sun
(April 16, 2014) quoted the Ministry
of Agriculture briefing notes about the
2013 bumper crop of wine grapes:
“Okanagan wine production has soared
in the past five years but some grape
growers have been caught with too
much supply recently, forcing them
The Society of Notaries Public of British Columbia
to discount prices and sell grapes
on consignment.”
As well, planting of new acreage to
wine grapes has been slowing.
•492 acres in 2011
•222 acres in 2014
2014 Wine Grape Acreage Report
Some vineyards have lost their
contracts to supply grapes to wineries.
A few have established wineries to
utilize their grape production. An
example is CC Jentsch Cellars with
63 acres of Class 1 growing sites for
vinifera grapes in the Golden Mile at
Oliver, BC.
The trend among wineries is
to purchase and lease more vineyard
capacity to improve control of supply
and vine-culture practices. Wellestablished wineries are in a position
to consolidate their production and
market position. For example, Mission
Hill Wines acquired CedarCreek Wines,
including its 110 acres of vineyard,
earlier this year. (The Vancouver Sun,
January 31, 2014)
Recognizing these market and
production realities, producers look
to developing export markets and
there is momentum to fill a niche for
super-premium wines. Perhaps an
indication of this strategy is an effort
by a dozen wineries to establish an
official subappellation region known as
the Golden Mile Bench. The research
supporting this initiative is now before
the Minister of Agriculture.
Volume 23 Number 4 Winter 2014
Almost one third
of the wineries…own less
than five acres…
In the long run, BC’s wine-grape
industry will always rely on quality lands
(Class 1-2) to support VQA wines. Other
land uses compete directly or indirectly
for these lands, however. Production of
cherries, especially for export markets,
is more lucrative than vineyards.
Cartier, 2013
Almost one third of the wineries
in the Okanagan region own less than
five acres and have sunk considerable
capital costs into their operations.
At prices sought upon resale, owners
of these sites essentially have
removed themselves from the vineyard
land market. It is a lifestyle that goes
up for sale.
I’ve used ProSuite since I began as a
BC Notary in May of 2006. What sets
ProSuite and Do Process apart is their
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real estate conveyancing practitioners!
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Pressure on lands for vineyards
and other agriculture continues under
applications for removal of plots from
the Agricultural Land Reserve (ALR).
Specific growing sites impart a
unique quality to grapes, called terroir.
The geomorphology of the Okanagan
Valley that provides the desired terroir
for grape production and amenities for
settlement also contributes to ongoing
friction about land use.
•Under its Urban Growth Plan,
Summerland Council recently
approved a swap of agricultural
land: “80 hectares of prime flat,
arable farmland would be removed
from the ALR to be replaced by
just over 90 hectares of much
lower quality, hilly land.” Orchard
& Vine online, April 28, 2014
DOPROCESS.COM
INQUIRIES@DOPROCESS.COM
Help create a better
future for everyone
touched by cancer.
Discovery needs willing partners.
•“Between 1974 and 2003,
the Okanagan lost 13,948
hectares (34,446 acres) of ALR
land.” Okanagan Life Magazine,
June 2007
When your client remembers the BC Cancer Foundation in their will,
they’ll be supporting world-renowned research in BC that is shaping
the future of cancer care.
The value-chain contributions
of the wine industry to the Okanagan
region are significant. Tourism and
the Okanagan landscape may be
inseparable, given the extent of
investment. Without assured and
reasonably priced land for vineyards,
this economic chain will sever.
BC Cancer Foundation
Registration Number: 11881 8434 RR0001
Volume 23 Number 4 Winter 2014
Please be sure to use the full legal name of our organization:
For more information, please contact
Isabela Zabava, LL.B at 604.877.6040
or legacy@bccancer.bc.ca.
The Scrivener
TABLE OF CONTENTS
31
The recent changes to the
Agricultural Land Reserve Act will not
alleviate historic pressures to remove
lands in the Okanagan region from
the ALR. To accommodate population
growth, communities in the region
may have to rethink their Official
Community Plan goals if they want
to preserve the best agricultural lands
for vineyards and other agriculture.
The Okanagan industry’s ability
to produce quality wines always will
remain tied to two resources,
•the land, those places with
preferred soils/exposure, and
•wine-making expertise.
For the next few years, consumers
can look for bargains in BC wines as
the industry and communities in the
region sort out their priorities. s
Tim Pringle lives on Salt Spring Island
with his wife Marion. Semiretired
since 2010, he continues consulting in
projects concerning rural housing and
prosperity. Tim is Past President of the
Partnership for Water Sustainability
32
TABLE OF CONTENTS
in BC and remains involved in the
society’s research initiatives. Thanks
to Lee Cartier, MSc, P Ag, Okanagan
College School of Business, who assisted
with research and ideas.
tjpringle@shaw.ca
Lee Cartier is a professor in the
Okanagan School of Business at
Okanagan College. He currently
teaches in the Bachelor of Business
Administration degree, in the areas
of Strategic Management, New Product
Development, and Government Policy.
His research interests are in rural
entrepreneurship and the economics
of industry development.
lcartier@okanagan.bc.ca
REFERENCES
BC Wine Institute www.winebc.com
C. Cattaneo, “How Okanagan’s wine
industry is taking on the world,”
Financial Post, November 1, 2014.
L. Cartier with Z. Webster, “Value
Chain Analysis and Business Strategy
The Society of Notaries Public of British Columbia
in the Okanagan Wine Industry,”
Okanagan School of Business,
Okanagan College, 2013.
B. Constantineau, “Bumper crop
creates oversupply of certain grape
varieties,” The Vancouver Sun,
April 16, 2014.
Mount Kobau Wine Services,
2014 BC Wine Grape Acreage Report,
Agriculture and Agri-Food Canada,
BC Ministry of Agriculture and the
Investment Agriculture Foundation
of BC.
A. Gismondi, “CedarCreek’s sale
to von Mandl: A good deal,” The
Vancouver Sun, January 31, 2014.
Orchard & Vine online, “Summerland
Council Votes in Favour of Alr Land
Swap Proposal,” April 28, 2014.
http://www.orchardandvine.net/news/
summerland-council-votes-in-favour-ofalr-land-swap-proposal
L. Carter, “Betting the Farm,”
Okanagan Life Magazine, June 2007,
pp. 23–34.
Volume 23 Number 4 Winter 2014
BRITISH
COLUMBIA
Nick Aubin
Welcome to the Okanagan Valley!
T
his region in British
Columbia is centred
around Lake Okanagan
and the Canadian portion of the
Okanagan River.
Our population is around 341,000
and the unofficial capital city is
Kelowna. People from all parts of
Canada and the world are drawn to our
dry, sunny climate and outstanding
desert-like landscapes.
This lakeshore area is home to
a large retirement community and
commercial recreationbased industries.
Most come to the Okanagan Valley
for the healthy lifestyle it offers,
including outdoor activities such as
boating, water sports, skiing, hiking,
and golfing. Leisure activities include
world-class spas, winery tours, and the
best beaches in Canada.
Being in a true desert area, the
Okanagan Valley hosts golfers from
Volume 23 Number 4 Winter 2014
©iStockphoto.com/Communication Resources
all over the world. While our courses
range from relatively easy to downright
challenging and humbling, the
experience and the vistas always leave
me with a sense of awe. The golf season
here ranges from March to October.
Many in the Okanagan have skied in the
morning and golfed in the afternoon!
If you aren’t much
of a golfer or skier,
there is still plenty to do
such as biking, beaching,
and of course visiting
our wineries.
In Winter, our ski resorts in the
Okanagan mountains offer myriad
amenities and activities. Skiing is the
main attraction, with our champagne
powder and white-capped peaks. Most
resorts offer many other attractions,
such as skating, snowshoeing, ice
climbing, and tubing—great for the
The Scrivener
kids and young-at-heart adults. Other
resort activities include relaxing at
one of the spas, dining at a great
restaurant, and taking in the night-life
and entertainment.
If you aren’t much of a golfer or
skier, there is still plenty to do such
as biking, beaching, and of course
visiting our wineries. Our wine is
known globally for its quality and
taste. Envision the tranquility of sitting
on a sunny patio sipping a glass of
Okanagan wine and enjoying the view
over the Okanagan Valley.
With its focus on agriculture,
healthy lifestyles, and tourism, the
Okanagan has become one of British
Columbia’s most popular areas.
Come visit soon! We’ll welcome
you with open arms! s
Nick Aubin is a BC Notary
practising in Kelowna.
nick@aubinandassociates.com
www.aubinandassociates.com
TABLE OF CONTENTS
33
BRITISH
COLUMBIA
Rhonda Latreille
F
rom world-class
snow-skiing to wreck
diving in the Pacific Ocean.
From wineries landscaped with
sagebrush to the lush rain forests
and groves. From riding horseback
to riding the surf, BC has something
for everyone.
When you describe our province,
it sounds like a travel brochure—bold,
beautiful, vibrant, and most of all
diverse. The changing landscapes,
the sheer variety, and the dramatic
choices all contribute to the magic
BC has to offer.
If diversity can be so compelling
in nature, can it also be so in our
communities in the array of ethnicity,
culture, language, faith, food, and
other aspects of our lives?
Diversity is an interesting concept.
It may be easy to embrace on the
surface but not so easy when beliefs,
ideology, traditions, and practices rub
against what is familiar, comfortable,
or even convenient.
from intriguing, to provocative, and
ultimately to threatening?
•When does diversity contribute to
social cohesion and richness and
when does it interfere with our
sense of community?
In his book Bowling Alone,
Robert Putnam discussed a study
that suggests, “In ethnically diverse
neighbourhoods, residents of all races
tend to ‘hunker down.’ ” He went on
to state that “Trust [even of one’s own
race] is lower, altruism and community
cooperation rarer, friends fewer.”
Is this protectionist stance a
response to multiple ethnocultural
influences or to other elements?
A more recent study from
the inner city of London offers
another picture and conclusion.
The researchers suggest that the
causal relationship is between
•poverty and a lack of social
cohesion, and
•reduced trust in communities.
Recent immigrants, living in poorer
ethnic and diverse communities,
are often faced with the challenging
economic pressures of starting afresh
in a new country. In this study, once the
influence of poverty was factored out,
the diversity of multi-ethnicity actually
contributed toward social cohesion.
So it appears that the French had
it right after all: Vive la différence!
Diversity is as compelling in our
communities as it is in nature. Our
cultural mosaic, lifestyle options
and choices, and multigenerational
perspectives do in fact contribute to the
majesty and magic of beautiful BC. s
Rhonda Latreille, MBA, CPCA, is the
founder of Age-Friendly Business®.
Telephone: 1-877-272-7575
info@agefriendlybusiness.com
www.AgeFriendlyBusinessAcademy.com
To find out how you can become
a Certified Age-Friendly Business
or a CPCA, phone toll-free 1-877-272-8086.
©iStockphoto.com/Photomorphic Pte Ltd
•Just where on our personal
continuum does different progress
When you describe
our province, it sounds
like a travel brochure—
bold, beautiful, vibrant,
and most of all diverse.
Photo credit: Gordon Roberts
British Columbia:
Vive la Différence!
34
TABLE OF CONTENTS
The Society of Notaries Public of British Columbia
Volume 23 Number 4 Winter 2014
BRITISH
COLUMBIA
Rhonda Driediger
Farming is the Family Tradition
O
riginally determined
to be missionaries,
my parents George
and June Driediger moved
from Saskatchewan to BC
in 1955 to run my grandparents’
10-acre strawberry farm.
Today, Driediger Farms Ltd. spans
three parcels on 160-acres.
Located in the beautiful Township
of Langley, the farm is a wholesale and
retail producer and distributor of fresh
and frozen blueberries, strawberries,
raspberries, blackberries, cherries, and
red currants for markets at home and
abroad.
In 2005 my husband Peter and
I purchased the remaining family
shares and are happily continuing
the family tradition of growing quality
produce. We employ upward of 200
people seasonally.
Growing exponentially since
2000, the blueberry industry, which
comprises the main part of our
Volume 23 Number 4 Winter 2014
Gone are the days
of just grow, sell,
and hope for the best.
farm and business, now includes
approximately 28,000 acres under
production in BC.
To meet this demand, we are very
proud of our company’s completion
of a 4-year, $10 million expansion
that brings our packing and freezing
capacity up to four times the volume
of what we were able to accomplish
previously. Our state-of-the-art fresh
and freezing plants are providing
much needed capacity to the rapidly
growing berry industry.
One of the challenges for the
future of agriculture is the general
pressure on farm land in the Fraser
Valley by developers, infrastructure
needs, and municipalities trying to
balance farm and urban demands
that have contributed to rapidly rising
land costs. Cost of land is cited as
the number one reason young farmers
are having difficulty entering the
The Scrivener
industry, making succession planning
a concern for farming families.
The value of good quality, irrigated
farm land is upward of $100,000
per acre for large parcels and often
over $200,000 for smaller parcels.
Changing government policies
including changes to the Agricultural
Land Reserve (ALR), increasing
minimum wage, changes to on-farm
employee housing, loss of the HST, and
many other such factors make planning
for the future a constant activity.
Gone are the days of just grow,
sell, and hope for the best. Today’s
farmers must be highly skilled,
motivated, and able to make good
decisions to maintain profitability and
growth in a rapidly changing world. s
Rhonda Driediger volunteers countless
hours addressing agriculture issues.
She has served as a Director of the BC
Agricultural Council (BCAC) since 2007
with a mission to continually improve
the social, economic, and environmental
sustainability of BC agriculture.
Rhonda@driedigerfarms.com
TABLE OF CONTENTS
35
BRITISH
COLUMBIA
Marco Castro
British Columbia’s
Own Seniors Games!
F
or 27 years, British
Columbia has been hosting
the BC Seniors Games,
a special kind of Olympic-type
games for mature adults.
The BC Seniors Games are a
5-day sporting event with close to
4000 participants ranging from age
55 to 90+ from all over the province.
About 2000 volunteers also take part.
It is one of the largest seniors’ games
in Canada.
The Seniors Games feature
27 sports, from swimming, soccer, and
tennis, to ice hockey, track and field,
and golf, to name a few. The venue
changes every year. The past 3 years,
the games were held in Burnaby,
Kamloops, and Langley. Next year,
they will be held in North Vancouver.
The Seniors Games feature
27 sports, from swimming,
soccer, and tennis, to ice
hockey, track and field, and
golf, to name a few.
For this year’s games, I again went
for swimming and picked up another
couple of medals, including 1 gold.
Before the race, I forgot to tighten
my swimming suit. After diving and
swimming fast, I arrived at the finish
line with my trunks at my knees.
It was a tense moment.
The Society of Notaries Public of British Columbia
Volume 23 Number 4 Winter 2014
Each participant can compete
in only one sport category each year.
Back in 2012, I was considering
swimming, tennis, and soccer. I went
for swimming and my team and I did
well. I earned 2 medals: 1 silver and
1 bronze.
Vancouver Zone 4 Swimmers Team
36
TABLE OF CONTENTS
Business to Business
I had the privilege to be on the same team
as retired BC Notary Public Fernanda Ho. Not only
did Fernanda help organize our zone team, she swam
extremely well and won a few medals herself!
The swimming consists of four strokes or
categories—freestyle, butterfly, breaststroke, and
backstroke. In the medley race, participants swim
in all four strokes.
250 656-3951
101 – 9830 Second Street
Sidney, BC V8L 3C6
The Seniors Games also feature a rather peculiar
race where the ages of the four participants on a
team are added together. For example “race 260”
is composed of four participants ranging in age from
55 to 90+. When their ages are added, the sum must
equal 260.
Real Estate
Estate Planning
It is always fascinating to see 90+ seniors
swimming 800 metres much faster than “younger”
participants and several fellows in their 50s swimming
100 metres freestyle in just over a minute!
Just like the Olympic Games, the opening
ceremony—including the dinner party afterward—
is always fun! Although we are usually incredibly
focused, the atmosphere during the games is quite
pleasant. The games are a friendly competition,
with every participant feeling like a Champion! s
Marco Castro is a Notary Public and a Certified
Immigration Consultant with an office in Vancouver, BC.
marco@provisa.ca
www.provisa.ca
James L. Robinson
NOTARY PUBLIC
T: 604.931.1202
F: 604.931.1206
E: JamesLRobinson@telus.net
Suite 240 – 1140 Austin Ave., Coquitlam, BC V3K 3P5
PROMOTE
YOUR COMPANY
in this space.
Contact
scrivener@society.notaries.bc.ca.
Marco sharing the podium
with Rick Galli and Duncan Chiew
Volume 23 Number 4 Winter 2014
The Scrivener
TABLE OF CONTENTS
37
BRITISH
COLUMBIA
Richard Nasr
New App Technology
Developed in BC
W
hen I was a kid,
before school, after
school, and Saturday
mornings were sacred.
©iStockphoto.com/jossdim
My cartoon fix was tied
to those times and
I observed them
religiously.
Oh, the horror
I would feel on
a Saturday morning
when I realized
I had slept in
and missed the
latest episode
of Transformers! If I was
lucky, a friend had
recorded it on his VCR.
38
The Barriers are Falling
Until recently, the biggest barrier for
businesses to get into mobile apps has
been cost. Programming mobile apps,
because of their complexity, has been
time-consuming and thus very costly.
That too is changing. While mobile
development still can be costly, it
doesn’t need to be. While traditional
development is still the most flexible
and can be the best choice for some
projects, other technologies have
equipped mobile-app developers
to build mobile apps much more
efficiently. That has subsequently
lowered the cost.
My 6-year-old’s first move
when he gets up is to get
the iPad and browse the
App Store for new racing
games. He never misses a
show because he knows how
to look them up on Netflix.
Fast-forward 30 years.
My 6-year-old’s first move when he
gets up is to get the iPad and browse
the App Store for new racing games.
He never misses a show because he
knows how to look them up on Netflix.
Content and services are delivered
to him on-demand. That is what he
will expect for the rest of his life.
Phone Gap
Needless to say, business has
changed and is still changing. Mobile
is here to stay and will soon become
the most important way to engage
customers as the years go on.
Started by a BC company, the most
prominent of the new technologies
is called “Phone Gap.” The technology
was quickly acquired by software
giant Adobe.
Because of this shift toward
mobile and self-serve, businesses
of all types need to evaluate how
they can mobilize their service and
marketing strategy.
Phone Gap enables developers
to develop apps much faster than
previously possible. Before Phone
Gap, mobile-app developers had to
create a separate version of an app
TABLE OF CONTENTS
The Society of Notaries Public of British Columbia
for each type of phone—iPhone,
Android, Blackberry, Windows—which
increased the price significantly. When
using Phone Gap, however, they are
able to develop a single mobile app
that will run on all mobile devices.
Templated Apps
Many tech companies are now offering
a product I like to call a templated
app. It allows the cost to be reduced
even further by pre-developing a set
of the most commonly used features
in an app and allowing the developer
and customer to piece together the
parts they need and apply a custom
design on top.
The apps are about one tenth
the cost of a regular developed app.
If the client wishes, he or she can selfmanage the app and app content.
Time to Act
If you are a businessowner or you are
in a leadership role at your company,
now may be the time to act. The cost
of mobile development is at the point
where your gain from going mobile
won’t be eclipsed by the cost. Waiting
longer actually may end up costing you
more as your competitors move their
mobile strategy ahead before you can.
Though much has changed in
business, many principles remain the
same; those who don’t adapt don’t
survive. s
Richard Nasr is the owner
of Nasr Solutions, a mobile app
and web development business.
richard@nasrsolutions.ca
Volume 23 Number 4 Winter 2014
COVER STORY
Photos: www.wildmanphotography.com
La famiglia e’ tutto!
Gianfranco Spartano, Marisa and Frank Spartano, Enrica Mauro, Giovanna Matino
BC Notaries Frank Tony Spartano and
Enrica Mauro, in Conversation with
Val Wilson, Editor of The Scrivener
THE SCRIVENER: Good morning, Frank
and Enrica. Your well-established
Notary business is situated in a unique
East Vancouver neighbourhood known
as Little Italy. People from all over
the Lower Mainland like to visit this
trendy area. What are its geographical
boundaries?
FRANK: It runs along Commercial Drive
from about 13th Avenue to Venables,
about 22 blocks. “The Drive” has 77
restaurants with 40 different cuisines
and more than 20 bakeries and 20
coffee shops. If you come down here
on a Saturday or Sunday morning,
it’s already hopping by 8 o’clock. The
people who sell fruit have opened and
the restaurants start serving breakfast
at 7. It’s a vibrant place.
THE SCRIVENER: What a great location
for your office! Please tell us a bit
about your family history.
Volume 23 Number 4 Winter 2014
FRANK: On their honeymoon in 1949,
my parents came to Canada to visit
my grandfather who had emigrated
on his own from Calabria in the early
1900s to work in mining and sawmills.
My parents liked British Columbia so
much, they decided to make the big
move themselves. It was challenging
because they didn’t know the language
or the environment.
My sister Giovanna and brother Nick
were born shortly after my parents
settled down in Port Alice, BC. I came
along some 10 years later, after they
moved to Vancouver.
Dad became a Notary
in 1967. I joined the practice
in 1986 and my niece Enrica
joined in 2005.
THE SCRIVENER: Please tell us about
the status of the Notary profession
in Italy and how the Spartano Notary
practice got started in Vancouver.
The Scrivener
FRANK: Being a Notary Public in Italy
is a very prestigious position and it is
generational. A parent can pass his
or her Notary Seal down to a son or
daughter.
In the early days, Dad was involved
a little bit in politics and met
Alexander Matthew, then the Secretary
of The Society of Notaries Public
of BC and the Social Credit MLA for
Vancouver Centre who later became
Deputy Speaker of the House.
Mr. Matthew was sold on the idea
that with the influx of immigration,
the province should have multilingual
Notaries. He encouraged my father
to enter the profession.
Dad became a Notary in 1967.
I joined the practice in 1986 and my
niece Enrica joined in 2005. Dad was
first generation, I’m second generation,
and Enrica is third generation. Who
knows . . . there may be a fourth!
LAUGHTER
My father became a Realtor in 1972,
opening Spartano Realty on this very
site. Later, it included an insurance
TABLE OF CONTENTS
39
wanted to have an appointment
with me. I found that strange.
One gentleman said to me, “You have
recently graduated so you must know
all the new laws so we want to see
you.” My friends and all the younger
people that I thought would want
to see me as a Notary wanted to see
my father. “We want someone with
experience!” they would say.
THE SCRIVENER: Was your dad
a mentor to you?
FRANK: Yes, and so was my sister
Giovanna. She has been a conveyancer
since my father opened the business.
I learned a lot from them both.
Giovanna is Enrica’s mother and our
conveyance secretary.
Antonio Nicola Spartano
business, as well. Dad grew his
practice around immigrants mostly
from Italy and labourers specifically.
In the beginning, they comprised
90 percent of the practice.
Recognizing that his clients might
finish work at 3:30 or later, our office
was open Tuesday to Saturday from
11 am till 7 pm to accommodate
people who would go home after work,
have the opportunity to clean up,
then come down to our office. In the
last decade, our work days changed.
We now work Monday to Friday and
clients can arrange to see us until 7 pm.
THE SCRIVENER: What do you remember
about your father’s Notary practice
when you were growing up?
FRANK: I remember people coming
in, usually looking worried or anxious.
To break the ice, my father would always
start the appointment with a story and
make them laugh. They would leave
satisfied with the answers he provided.
That’s a large part of why I enjoy being
a Notary. People come in with certain
questions regarding their children
and parents about Wills, Powers
of Attorney, and so on. They leave
happy with the way we are able to
assist them. That’s basically why
I got involved in this business—plus
my dad said I didn’t have a choice!!!
40
How do you work
every day with your wife,
they ask me. I’ve got
no problem. It’s good!
We get along great!
Unfortunately, my father has passed
away so Enrica cannot learn from him.
But she’s got the next best thing—her
mother and me. Giovanna is here every
day except when she takes time off
to babysit her grandchildren.
Everyone in our office is a family
member. Most people think we’re nuts!
How do you work every day with your
wife, they ask me. I’ve got no problem.
It’s good! We get along great!
THE SCRIVENER: What’s the secret
to working side by side together
every day in harmony?
FRANK: I don’t know
that I can pinpoint it.
My wife and I have
always respected each
other and helped each
other. Marisa has been
involved in helping out
in my office since before we were
married. She has always wanted to
be part of the business. We laugh a lot!
Our original office, circa 1980
would not put their family before
anything else. A thriving family—
that’s our number one priority.
It’s all about the family.
THE SCRIVENER: How has The Drive
evolved over the years?
ENRICA: Commercial
Drive has changed.
There are fewer
family-run businesses.
Now it’s diverse and
multicultural. The Drive
is very tolerant.
FRANK: It is frequently described as
a creative and bohemian area of the
city. There is a resurgence of interest
in restoring its heritage homes. It has
a lot of artsy and up-and-coming
residents and a kaleidoscope of
nationalities. I love it! But Commercial
Drive is love-hate. You either love
it here or don’t. There’s no middle
ground. People who love it, love it.
THE SCRIVENER: There is a very strong
sense of community.
FRANK: Yes. We have many
neighbourhood activities where
the streets are closed to traffic.
The streets are blocked off and kids
play ball hockey as they did in the
early days. Those events often attract
100,000 to 150,000 people.
On Italian Day this past Summer,
there were about 350,000 people
in the street. It was one big party.
People came from everywhere.
Everything is Italian-oriented, right
down to the homemade pastries.
LAUGHTER
THE SCRIVENER: The family unit is
strong in Italian communities and in
the South Asian communities.
ENRICA: There is lots of food—the
delicious part of our culture! And you
want to be here when it’s World Cup
or European Cup time!
When I became a Notary and the
older generations came in, they
FRANK: Yes. Most Europeans put their
family first. Very few of our clients
FRANK: They call The Drive “soccer
central.” It’s always featured on local
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The Society of Notaries Public of British Columbia
Volume 23 Number 4 Winter 2014
television. We can watch the fans
from our office balcony. When Italy
won the World Cup, we watched their
parade from our balcony.
THE SCRIVENER: In comfort and safety!
Who sponsors the Italian Day events
in the Summertime?
FRANK: The Italian Cultural Centre—
Il Centro—is a sponsor, along with the
City of Vancouver and the Business
Improvement Association, Italian
Consulate, and many other generous
business sponsors.
Il Centro has already completed
phase 4. Their ultimate goal is to
create an Italian Village. It has
restaurants and a 24-hour care facility
for seniors—one of the best in North
America. It has been voted topranking for several years. In phase 5,
a gym will be built to attract more of
the younger people.
THE SCRIVENER: Please tell us more
about your clients.
ENRICA: Clients remember how
much my grandfather helped them
in the early years. Many of them
come into our offices now and tell us
great stories about him and how he
assisted them. It’s nice to know they
are still thankful and that they really
appreciated him.
I recall taking walks to the bank with
my grandfather. A walk that should
have taken only a few minutes took us
at least half an hour. My grandfather
would stop to talk to everyone on
The Drive. He was a friendly and funny
man with a great sense of humour.
He was well liked.
We got so many salamis,
eggs, desserts, bottles
of wine, and cheeses every
year at Christmas. All great
home-made stuff that Mom
and Dad enjoyed!
ENRICA: People trusted my grandfather
to give them advice, especially
in situations where language was
a barrier. We still have the longtime Italian clients. Maybe they’ve
moved away from the area but they
continue to come to us when there
is a need. They send their children
and grandchildren. And a lot of local
residents are faithful clients, as well.
FRANK: My dad rarely invoiced
his clients if he knew they were
struggling. All they could do was pay
in kind. We got so many salamis,
eggs, desserts, bottles of wine, and
cheeses every year at Christmas. All
great home-made stuff that Mom and
Dad enjoyed!
FRANK: Many of the Italians who
used to live in the area moved out
to Burnaby, Coquitlam, and further.
That’s why we opened a satellite office
in Burnaby. I go to that office twice
a week to accommodate our clients.
It’s all about customer service.
THE SCRIVENER: Frank, how did you
learn to understand all the Italian
dialects?
THE SCRIVENER: Are they mostly
Italian people?
FRANK: Yes. Absolutely. I don’t think
we’ve lost any of the clients who
have moved away from The Drive.
There have been three generations
of Notaries serving three generations
of clients. In the Italian community,
there is loyalty and respect and the
parents instill that in their children.
If the parents say, “Oh, you should go
down and see Frank or Enrica,” they’ll
do it out of respect to their parents.
Volume 23 Number 4 Winter 2014
LAUGHTER
FRANK: You know, I don’t remember
when I realized I could understand the
dialect of almost every Italian client
that came through our doors. I started
working for my father when I was 10.
He imported grapes from California
for home winemakers as part of the
effort to help the immigrants keep
their traditions and continue the old
customs they grew up with.
My brother and I would help carry the
boxes of grapes to their cars and they
would converse with the skinny, wiry
kid—me. I can’t say I can speak every
Italian dialect, but as long as they
don’t talk too quickly, I can understand
most of them.
The Scrivener
THE SCRIVENER: What do you like
most about your work?
FRANK: Our number one goal is
to teach our clients and put their
minds at ease by helping them
understand what they want to know
and need to know.
THE SCRIVENER: Are you a mentor?
FRANK: Personally, I am a mentor
for Enrica but every client receives
a form of mentoring in that we offer
ideas and give them food for thought.
THE SCRIVENER: Do you advertise
or use social media to promote your
practice?
FRANK: Our business has been and
still is mostly word-of-mouth. My wife
Marisa designed a website for us last
year and we’ve had about 8800 hits
already. It’s all good. We also run a
small ad in the local church bulletins.
THE SCRIVENER: Are you a volunteer?
FRANK: I do quite a bit of that,
actually. I try to set an example for my
kids—that volunteering is an important
part of life. It keeps us grounded and
humble. I was quite involved with the
Italian Cultural Centre for a number
of years.
THE SCRIVENER: That’s a wonderful
facility.
FRANK: I have been involved there
in various capacities for 30 years.
I was Vice President for 3 years and
a Director for 8. I’m still a voting
delegate. I am the Chair for their
Hall of Fame.
From our satellite office in Burnaby,
we sponsor and fundraise for the
Michael Cuccione Foundation for
children’s cancer through the annual
Hats-Off Day. Michael passed away
from cancer at age 16. The foundation
his parents started has raised almost
$5 million.
For 11 years, I was the Treasurer at
the Confratellanza Italo-Canadese, the
Italian-Canadian Brotherhood—a society
started in the early 1900s in
Vancouver. I’ve also been a part of the
Marriage Prep Course for the Catholic
Archdiocese for about 20 years.
THE SCRIVENER: Please tell us
about that.
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41
I did lots of volunteering for our
kids’ school through fundraising
committees and I’m on the parish
council of my church.
ENRICA: Some nights, we can have
up to 50 family members and friends
eating dinner together. We take turns
cooking.
FRANK: As Italians, the most important
thing is family. The second-mostimportant thing is friends. The thirdmost-important thing for sure has got
to be food!
LAUGHTER
As Italians, the most
important thing is family.
The second-most-important
thing is friends. The thirdmost-important thing for
sure has got to be food!
THE SCRIVENER: Outstanding!
FRANK: I was asked by Comites,
a society formed to help Italian
immigrants abroad, to be part of their
advisory committee. I verify that their
monies are spent appropriately.
THE SCRIVENER: Enrica, I know you
have three children under the age of 6.
What do you do in your spare time?
ENRICA: I don’t even
know the meaning
of spare time!
LAUGHTER
THE SCRIVENER: Frank,
do you take time off?
FRANK: I like to find a corner and
just read. I love to get away. We have
a Summer place in Osoyoos, BC.
I literally put my feet up and surround
myself with nothing. No thinking,
no phones, no deadlines. I just look
out at the lake and relax.
We love our food. If you ask 100
Italians, you’ll get the same answer.
Food defines our culture.
As a family at home, we all share
the cooking. In fact, when the kids
were much younger, they would put
on cooking shows for Marisa and me.
They still surprise us with great new
recipes that they’ve created!
THE SCRIVENER: Do your families
live near each other?
THE SCRIVENER: Do you close the
practice while you are away?
ENRICA: We grew up living next door to
my uncle Frank and uncle Nick—three
houses in a row. The eight cousins are
very close. I used to babysit Frank’s
kids. Now they babysit mine!
FRANK: Yes. Everybody—my sister,
my niece, my wife, our four children,
the cousins—we all go together to
Osoyoos.
FRANK: Basically, the backyard gates
are open and we interact and go back
and forth between the homes. Need
a cup of sugar? Go next door!
Capri
42
TABLE OF CONTENTS
The Society of Notaries Public of British Columbia
THE SCRIVENER: Do you take holidays
to Italy?
FRANK: My wife and
I took our four children
to Italy in 2011. While
we could still vacation
as a family, we wanted
to introduce them to
the families and cousins
abroad. They learned
where their grandparents’ lives began
and the sacrifices they made, leaving
loved ones behind. They saw history
in every town. It was amazing.
Giovanna and her family, Enrica and
her family, together with my family, all
made the trek to Italy in 2011 together.
THE SCRIVENER: Of course!
LAUGHTER
FRANK: My
kids were at
the perfect
ages to enjoy
the touring. We saw
most of northern
Italy, travelled down the
Amalfi coast as far as Naples,
then went to Calabria for 2 weeks
to just enjoy the beach and
sunshine. It felt like we had
three separate vacations!
THE SCRIVENER: Do you have photos
of that trip?
FRANK: Do we have photos?!!!
We gave each of our four kids a
digital camera. It was so interesting.
We were all in the same spots but their
photos captured four different views.
They took over 12,000 pictures!
LAUGHTER s
Telephone: 604 253-2631
fspartano@telus.net
www.spartano.ca
Limone, near Lago di Garda
Volume 23 Number 4 Winter 2014
©iStockphoto.com/tarras79
FRANK: The audience ranges from
40 to 160 couples. I teach about
financing and what they need to
know if they’re buying a house and
the importance of doing Wills and
Powers of Attorney and other personal
planning documents. Then I answer
their questions.
Services a BC Notary
Can Provide
Notarization/Documents
•Affidavits for All Documents required
at a Public Registry within BC
• Certified True Copies of Documents
•Execution/Authentications
of International Documents
• Notarizations/Attestations of Signatures
• Personal Property Security Agreements
• Statutory Declarations
Bassano del Grappa, Vicenza
Personal Planning
•Estate Planning
• Health Care Declarations
• Powers of Attorney
•Representation Agreements
• Wills Preparation
• Wills Searches
Travel
• Authorization of Minor Child Travel
• Letters of Invitation for Foreign Travel
• Passport Application Documentation
• Proof of Identity for Travel Purposes
Business
• Business Purchase/Sale
•Commercial Leases
and Assignment of Leases
• Contracts and Agreements
Photo credit: Gianfranco, Anthony, and Jordan Spartano
Sellia Marina, Calabria, on the Ionian Sea
Jordan, Marisa, Anthony, Frank, Gianfranco, and Natasha at Sirpione, near Lago de Garda
Volume 23 Number 4 Winter 2014
The Scrivener
Property Matters
•Easements and Rights of Way
• Insurance Loss Declarations
• Manufactured Home Transfers
• Mortgage Refinancing Documentation
• Purchaser’s Side of Foreclosures
•Refinancing
•Residential and Commercial
Real Estate Transfers
•Restrictive Covenants
and Builder’s Liens
•Subdivisions and
Statutory Building
Schemes
• Zoning Applications
Marine
•Marine Bills of Sale and Mortgages
• Marine Protestations
Some BC Notaries provide these services.
• Marriage Licences
•Mediation
•Real Estate Disclosure Statements
Over 300 BC Notaries to Serve You!
For the BC Notary office nearest you,
please call 1-800-663-0343
or visit www.notaries.bc.ca.
TABLE OF CONTENTS
43
ORIGINAL RECIPES
Italian cuisine is popular all over the world.
It is easy to prepare, healthy, and of course delicious!
www.wildmanphotography.com
Traditional
Italian Comfort Food!
Marisa and Frank Spartano
SECONDO
POLPETONNE CON UOVO
Meatloaf with Egg Centre
Hard-boil 2 to 3 eggs, depending
on size of the desired meatloaf.
Peel and set aside.
THE SAUCE
4 to 5 cans (jars) of tomato sauce
Salt, pepper, and garlic to taste
In a stockpot, make a simple marinara
tomato sauce or use a prepared sauce.
Heat about 10 minutes.
THE MEATLOAF
1½ lbs of ground meat (beef, beef/
pork, beef/pork/veal: Your choice)
ZUPPA DI MINESTRONE
Minestrone Soup
PRIMO
ZUPPA DI MINESTRONE
Minestrone Soup
3 Tbsp olive oil
200 grams pancetta or bacon, diced
1 large onion, diced
3 carrots, peeled and diced
½ medium-size Kobacha squash,
diced
2 cans (796 ml) of diced seasoned
tomatoes
2 cans (796 ml) of mixed beans
(or your choice of beans)
2 litres of broth (chicken, beef,
or vegetable)
2 small zucchinis, diced
¼ head of medium-size cauliflower,
cut into small florets
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TABLE OF CONTENTS
1 cup bread crumbs or Panko
Red pepper flakes, optional
Salt and pepper to taste
Small pasta noodles—bowties, rings,
and so on
Heat oil in pot on medium heat.
Add pancetta or bacon. When slightly
cooked, add the onions, carrots,
squash, and some salt. Cook a couple
of minutes. Add the rest of the
vegetables and beans and cook a few
minutes more.
Add broth to cover the vegetables
at least 1". Bring to a boil. Reduce
the heat and let the minestrone
simmer at least 45 minutes.
Adjust seasoning to taste.
For a hearty-style minestrone, cook
soup noodles according to package.
Drain and put aside until minestrone
is ready. Add the noodles.
This minestrone freezes well.
The Society of Notaries Public of British Columbia
4 to 5 more eggs to bind the meatloaf
¼ cup parmiggiano cheese
½ tsp salt
2 cloves of garlic
Chopped parsley
Seasoning to taste: Italian seasoning,
roasted pepper seasoning, etc.
In a large bowl, mix the meatloaf
ingredients, including the uncooked
eggs. Mixture will be soft.
Mold half the mixture into the desired
meatloaf shape and place the hardboiled eggs end-to-end on top.
Add the remaining mixture and finish
molding the meatloaf. You may have
enough mixture to make a second loaf.
Very carefully submerge the meatloaf
into the hot, simmering sauce.
Sauce should cover the loaf. Cook
on low-medium heat for approximately
Volume 23 Number 4 Winter 2014
floured surface and with lightly floured
hands, roll out each portion into a log
about 15" long and 1" in diameter.
Wrap each log in plastic wrap and
refrigerate until firm, 2 to 3 hours.
Position rack in centre of oven and
preheat to 325º F.
In a small cup, stir together the
cinnamon and sugar and sifted cocoa.
Set aside.
When log is firm, unwrap and place
on a baking tray lined with parchment
paper. If placing more than one log
on tray, arrange them about 4" apart.
Brush each log with egg wash and
spoon a generous amount of the
cinnamon sugar mixture on the length
of the log. Bake until golden, 35 to
40 minutes. There will be cracks on
the surface of the log. Let logs cool
a minimum of 20 minutes.
POLPETONNE CON UOVO
Meatloaf with Egg Centre
1 hour (depending on the thickness
of the loaf).
Sift together the flour and baking
powder. Set aside.
This meatloaf freezes well.
Cover it with the sauce before freezing.
In the large bowl of an electric mixer,
beat the butter and sugar. Start on low
speed until slightly blended, then raise
to high speed and continue to beat
until fluffy.
Enjoy!
DOLCE
BISCOTTI WITH
CHOCOLATE CHUNKS
AND APRICOTS
AND ALMONDS
4 cups all-purpose flour
1½ tsp baking powder
8 oz unsalted butter at room
temperature (2 sticks),
cut into small pieces
Turn speed to medium, add eggs
(1 at a time), and combine after each
addition. Add the vanilla. On low
speed, slowly pour in the sifted
ingredients. Finally, add the chocolate,
apricots, and almonds, beating just
until incorporated into the batter.
Divide the dough into 3 equal portions,
each about 1 lb, 4 oz. On a lightly
Lower oven temperature to 275º F.
Using a sawing motion on the diagonal,
cut off one of the ends. Continue to
cut slices about ½" thick and arrange
the slices on the baking tray. Bake
until the biscotti are lightly golden
around the edges, about 35 minutes.
At first the biscotti will be soft.
As they bake, they will harden.
Remove from oven. When completely
cool, store in an airtight container.
Notes
Biscotti will keep unrefrigerated
for 2 to 3 weeks.
Logs can be frozen before
the first baking. s
BISCOTTI WITH CHOCOLATE CHUNKS
AND APRICOTS AND ALMONDS
1¾ cups sugar
4 eggs
1 egg white, lightly beaten,
for egg wash
1½ tsp vanilla extract
8 oz chocolate, cut into small chunks
¼ cup almonds, toasted and chopped
¾ cup chopped apricots
1½ Tbsp sugar + ½ Tbsp cinnamon,
or combine these ingredients to taste
3 tsp unsweetened cocoa, sifted
Volume 23 Number 4 Winter 2014
Recipe photo credits Natasha Spartano
The Scrivener
TABLE OF CONTENTS
45
BC notaries
Richard Olson
Master of Arts in Applied Legal Studies Program
Mastering
Real Estate Transactions
R
eal estate transactions
are at the core of a
BC Notary’s practice.
Those transactions require an
in-depth knowledge of conveyancing
procedures, precedents, and the law
of real property.
Being able to recognize and
handle the more complicated real
estate issues separates a BC Notary
from a conveyancer. With the
current high real estate values, the
loss to a client can be substantial
if a transaction is not handled
competently.
The two Real Property courses
in the Master of Arts in Applied Legal
Studies program at Simon Fraser
University, ALS 611 and ALS 612,
are designed to provide students with
a strong foundation for their lifelong
study of the law of real property and
to prepare them for their development
as professionals.
•
ALS 611 begins the process with
an introduction to such basic
concepts as the estate in land,
the “bundle of rights,” equitable
interests, aboriginal title, leases,
mortgages, and other interests
in land, and of course the
modified Torrens system in British
Columbia. As practitioners know,
many of those concepts are not
initially intuitive.
46
TABLE OF CONTENTS
he course is presented, after
T
an initial face-to-face lecture
(introduced in 2014), through
a series of readings from the text,
Principles of Property Law (5th ed.)
by Bruce Ziff, and The Society’s
Modules and weekly lectures
delivered through SFU’s online
classroom.
Being able to recognize
and handle the more
complicated real estate
issues separates a BC Notary
from a conveyancer.
he history of the development
T
of the concepts is an important
aspect of the course because
it helps make sense of some of the
apparent oddities in the law.
here is a great deal of material
T
to cover and students are warned
“this is not a course in which
you can learn too much.” As the
school term progresses gradually,
this complicated and interesting
area of the law begins to come
into focus for students. They are
required to write a series of papers
that allow them to explore
important topics and they also
write two examinations.
•
ALS 612 is an even more intense
course. Held on 5 consecutive
days in early May, it examines
The Society of Notaries Public of British Columbia
in more detail a number
of transactions including
Contracts of Purchase and Sale,
mortgages, leases, easements,
strata titles, and subdivision,
as well as transactions involving
First Nations.
Each 3-hour class begins with
a lecture on the topic. Then a
workshop problem is given to the
students to be worked on in small
groups. The problems and suggested
solutions are discussed in class to
relate those to the material covered
in the lectures. Each problem is
designed to have the students explore
some of the common legal and
practical issues that arise in various
transactions.
•For example, in the workshop on
leases, students are given a lease
with a number of hidden traps
that they are asked to identify.
•In the land development
workshop, students are asked
to advise a client on the
development of a potential
subdivision that engages issues
ranging from archeological sites
to different legal structures.
The students’ knowledge is then
tested through two examinations
and a term paper.
At the end of the two courses,
the students have a legal and
practical foundation in the law
of real property. s
Volume 23 Number 4 Winter 2014
Rocco Le
ALS 611 and ALS 612
Reflections
on My Academic Experience
I
successfully completed
the statutory exams
that qualified me to
become a BC Notary Public
and was commissioned
by the Province of British
Columbia in May 2014.
Conveyancing is the backbone
of my Notary practice, located
at East 49th Avenue and Elliot
Street in southeast Vancouver.
With an 11-year real estate-lending
background as a mortgage specialist
for the TD Bank, I felt that in my new
profession I would be able to draw on
my work experience and relationships
with bankers, Realtors, brokers,
and builders.
When trying to comprehend the
complexities of these two academic
courses, I learned that my practical
lending background was of little use.
There were many sleepless nights
in my struggles with Real Property
I and II. More popularly known in the
MA ALS program as ALS 611 and ALS
612, they are specifically designed to
give students an understanding of the
law of real property in Canada.
•ALS 611 is the foundation of an
understanding of the legal concept
of land and the nature of, and
rationale for, property rights,
estates, co-ownership of land,
Volume 23 Number 4 Winter 2014
and the nature of the land title
system. It was particularly difficult
for me, a people person; the
course was taught entirely in
an online classroom without the
benefit of the visual, face-to-face
human interaction I prefer.
Even with my lengthy tenure
in real estate lending,
I soon realized the
knowledge and experience
I had gained from on-thejob learning were far from
adequate for the academic
demands of ALS 611.
Even with my lengthy tenure
in real estate lending, I soon
realized the knowledge and
experience I had gained from
on-the-job learning were far
from adequate for the academic
demands of ALS 611. While I had
a working knowledge and basic
understanding of concepts such
as land ownership and estates,
title registration, and the priority
system for mortgagors and
mortgagees, a whole new world
of legal knowledge that I never
knew existed was associated with
those concepts.
As a mortgage specialist,
I had been required to do
The Scrivener
whatever I could, as primarily
a salesperson, to get a client’s
mortgage approved. It was a
simple, narrow, practical business,
not a broad, complex, theoretical
endeavour in an academic
environment.
•
ALS 612, taught primarily in
a traditional classroom setting
at SFU’s downtown campus,
provides students with an equally
intensive and intellectually
challenging and a more hands-on,
practical approach to learning.
Students are divided into small
groups for classroom discussions
and projects.
The course deals with contract
and agency law relating to
sellers and buyers of real
estate, as well as the role and
duties of real estate agents.
It examines remedies available
to sellers, buyers, mortgagors,
and mortgagees and deals with
residential and commercial leases.
The latter is Richard Olson’s
specialty.
In the end, through hard work and
perseverance, I passed the courses.
My success gave me a real sense
of accomplishment and a lasting
memory of an unexpectedly hard
battle fought—and won! s
Telephone: 604 719-8098
roccolenotary@gmail.com
TABLE OF CONTENTS
47
BC notaries
Meet the Board of Directors
Jessie Vaid
Mia and Jessie
I
was born September 13,
1975, in Victoria, BC. In 1988,
the family moved to Ladner.
My Notary practice today is
located in North Delta.
My mother and grandmother
travelled from India in the early 1970s
to Victoria. They had a very interesting
and adventurous trip because neither
one spoke English at the time.
My grandmother Kartar Banga
was an amazing individual who helped
raise me and my two younger siblings.
She rode the transit system in Victoria
without speaking English and knew
the story lines in shows like All My
Children, One Life to Live, and Dallas.
My mother Darshan Gidda has
been my greatest inspiration and
motivator. A single mother raising
three children, she worked tirelessly to
ensure we had a great upbringing even
though she had a limited income.
My friends joke about all the jobs
I have had over the years. My first real
job was a busboy at a restaurant at
the age of 12. I was tall and no one
asked my age. I worked my way up in
the restaurant industry until I started
university.
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TABLE OF CONTENTS
I delivered The Province
newspaper through high school and
won a trip to Edmonton for selling
new subscriptions. I sold cultured
marble in college and drove a taxi cab
through university. While going through
the Notary program, I worked as a
movie extra. I have been the general
contractor for more than eight singlefamily homes over the years.
I have always had a passion
for law and business and
being a Notary is a perfect
blend of the two.
My passion through school
was volleyball. I played in Southern
California after I finished high school
and at UBC while studying for a
Bachelor’s degree in Human Kinetics
with a minor in Commerce.
After UBC I went to BCIT to obtain
my Diploma in Technology and worked
as a systems analyst for a dot com
company in Yaletown back in 2000.
From there, I was hired as a business
analyst for BC Rail.
After using the services of a
BC Notary Public to purchase my first
home, I researched being a Notary
The Society of Notaries Public of British Columbia
and decided to apply. I have always
had a passion for law and business
and being a Notary is a perfect blend
of the two. I truly enjoy being a Notary
and recommend the career to others.
I can still remember the countless
hours of study for the Notary
education program. I owe my success
to my study group of Shabbir Nanji,
Sanjay Mehta, and Filip de Sagher.
Filip’s contribution of Belgian waffles
might have been a factor in my
attending the study-group meetings.
I remember getting the call from
Wayne Braid, telling me I had passed
the exams. When I took the call,
I was on vacation in NYC, in the
famous Rockettes room of Radio City
Music Hall!
Big thanks to Nancy
Schick Skinner for
taking me in as a
student and teaching
me to be a diligent
Notary Public. The
experience I gained
Nancy Schick
from working at Nancy’s
Skinner
office prepared me
exceedingly well for my own Notary
business.
Notary Chris Dupuis helps me
in countless situations, from Notarial
Volume 23 Number 4 Winter 2014
questions to personal
life. At my first
BC Notary Conference
in September 2004 in
Cranbrook, I was about
to sit down for breakfast
Chris Dupuis before the annual golf
tournament when Chris
asked if I was a Notary and if I wanted
to join him. We have been very good
friends ever since that day. I consider
him a great mentor.
I am a Notary mentor to Mandeep
Grewal who worked in my office for
over a year prior to becoming a Notary
herself. She calls me to seek advice on
Notarial matters. I am always happy
to help because I know the struggles
a person can go through when starting
a new business.
I have coached senior boys
volleyball for many years at several
high schools. I like to give back to
the sport that gave me so many
opportunities.
I ran for office to become a
member of the BC Notaries’ Board to
be a voice for our members and to serve
the members with honour and respect.
My contributions to the Board usually
involve thinking from the members’
perspective and understanding what
they would ask and say.
I currently volunteer on the
Community Planning and Advisory
Committee of the Corporation of Delta.
Mishan and Jessie on their wedding day
Volume 23 Number 4 Winter 2014
On January 27, 2014,
we welcomed our first child,
Mia June Vaid.
My beautiful wife Mishan and
I have one child. My wife is amazing.
She is always there for me. On January
27, 2014, we welcomed our first child,
Mia June Vaid. Her birth was the
proudest day of my life.
Mia is my little angel and will
forever be Daddy’s Little Girl.
My most interesting story as a
Notary is the day a couple of years ago
that I was doing a mortgage refinance,
representing a borrower of a private
mortgage. My gut was telling me
something was not right.
I met with the client just before
closing time, then made a call to
The Society’s lawyer Todd McKendrick.
He called Vancouver Police and
discovered that the BC driver’s licence
the client had given me was a fraud.
The police set up a sting to catch
the fraudster the following day. The
police were in my office when the
client came in, thinking he was picking
up his mortgage proceeds. He was
arrested on site.
The ironic thing was that the fraud
was being committed on a homeowner
who had no idea about the mortgage
and whose son worked for the
Vancouver Police department. The son
thanked me for identifying the crime.
The most important thing to me is
my entire family and health. A healthy
body and mind make for an effective
and productive individual! s
Jessie@vaidnotary.com
The Scrivener
TABLE OF CONTENTS
49
BC notaries
Joyce Grandison
WHERE ARE THEY NOW?
Joyce Grandison,
Still Making Memories
The Grandisons enjoying retirement
J
oyce was commissioned
as a BC Notary Public in
1973. During her tenure,
she practised with George
Tanco and Joe Kwan in the
Associated Notaries and with
Glory Ewen in a 20-year
partnership. Joyce was a Director
of The Society of Notaries Public
from 1985 to 1987.
Her husband Reg, a retired
BC Provincial Court Judge, had
the honour and privilege over
the years, he says, of swearing
in many new Directors, Officers,
and Presidents of The Society
of Notaries Public of BC.
We sold our house on Chartwell
Drive in West Vancouver in 2010
and moved into a townhouse on
Deer Ridge Close, West Vancouver.
Our view isn’t as spectacular as it
was on Chartwell but we still have
a panoramic ocean view.
Living in a townhouse allows us
to spend over 6 months at Christina
Lake. We enjoy it so much that we
have a difficult time planning extensive
trips. We do like to visit the Kootenays,
Ainsworth Hot Springs, Halcyon Hot
Springs, Nakusp, and the Okanagan.
50
TABLE OF CONTENTS
We have lots of social activities at
the Lake and we kayak, hold bocce
tournaments, bicycle, and golf.
Reg has acquired a Massey
Ferguson tractor and spends a lot
of time in the “back 40,” clearing
and cleaning our lot. He loves it and
of course, any guys who see the tractor
are very envious.
We have lots
of social activities at the
Lake and we kayak,
hold bocce tournaments,
bicycle, and golf.
Reg and I were born and raised
in Trail, BC, and still associate with
classmates from Grade 1. There seems
to be a very special bond. One of them
said, “It was either the smoke from the
smelter or the contaminated water that
contributed to our bonding.”
Most recently, I was on a
committee planning a grad reunion
held in Trail at the end of May. We
had 97 attendees. The weekend
consisted of a Friday evening wine
and cheese reception, a banquet on
Saturday, and brunch on Sunday.
It was a huge success with lots
of hugs and reminiscing. In early
September, Reg’s class had their
reunion, also a great event.
Many years ago, Reg and a
classmate worked for BC Forestry
The Society of Notaries Public of British Columbia
to build a road up the Christian Valley
near Damfino Creek. The two of them
decided it would be nice to head over
that way again.
I went along with our picnic lunch.
The road was paved for a few miles
and after that, it was like a washboard.
We made it to the site, wandered
about looking at the changes made
since they had worked in the area,
enjoyed our lunch, and headed back.
It was a nice nostalgic trip for the two
of them—a couple of seniors reliving
“the good old days.”
Last Spring we went on a cruise
to Hawaii. The sail from Vancouver was
5 days, then 5 days in the Hawaiian
Islands, and 5 days’ sail back to
Vancouver. We hope to take a few
more cruises.
I’m still skating with our West
Vancouver group. That has turned into
a very active social part of our lives.
We have Christmas lunches, wind-up
lunches, and of course coffee after
skating. A few members of the group
have made their way to Christina Lake
and now make it an annual visit. I’m
still doing yoga and most recently have
taken up Mahjong.
Reg had knee replacement surgery
last June and seems to be in full
recovery mode—he’s back on the
tractor!
All in all, life is still good. We hope
we have many years ahead to enjoy
together. s
Volume 23 Number 4 Winter 2014
Alan B. Campbell
A Bit of Notarial History
I
don’t have a lot of the story.
I know that my maternal
grandfather Allan Yule
Anderson and Minnie Amelia
Ward were married in Calgary,
North West Territory [!], on
June 19, 1905. (Alberta became
a province a few months later.)
The Wards were well placed in
the Burns Cattle Company and may
have met there, perhaps in Revelstoke.
Cathy McBride, the Curator of the
Revelstoke Museum and Archives,
tells me that Burns put up a very large
building in Revelstoke in 1907.
Allan and Minnie were living
in Revelstoke in 1906. Allan was
a real estate representative. Evidently
he was well regarded because he was
put forward by the Hon. Fred Fulton,
Provincial Secretary, to be a Notary
“within and for the Province of BC.”
He was duly appointed “during
pleasure,” that is, behave yourself.
I have tried to imagine the
setting in the Executive Council when
Mr. Anderson’s OIC (Order in Council)
#334 was put forward.
A request from the Provincial
Secretary carried over from last month.
He is recommending the appointment
of Mr. Allan Yule Anderson, a Real
Estate Professional in Revelstoke,
to be a Notary Public within and
for the Province of B.C.”
“Can’t this wait, Mr. Reddie? said Mr.
McBride. “It’s a warm afternoon and a
tall gin would be in order, I believe.”
Mr. Robert G. Tatlow [Vancouver City]:
“Mr. Premier, we have it on good
advice that Mr. Anderson is a faithful
friend, and we tabled this in May.
Also, he will have a daughter, Dorothy,
in 1914, who will then have a son,
Alan, in 1946, who will be researching
his family roots in 2014. He would
be disappointed not to discover our
Order in the family papers . . .”
Mr. Frederick J. Fulton [Kamloops]:
“We understand Mr. Anderson
travelled last year to Calgary in the
North West Territory so that he
could be married by a Notary to his
betrothed, Minnie Amelia Ward, of the
Burns Cattle Company family.”
Mr. McBride: “Very well then, be
it resolved to recommend the said
appointment. All in
favour?”
“Aye, Aye, Aye.”
Extract from the Meeting of the
Executive Council, Victoria, June 11, 1906
The Hon. Mr. Richard McBride
[Dewdney], Premier and Chair, asked
“That’s all then, Mr. Reddie?”
R. Campbell Reddie, Deputy Clerk,
responded, “Just one item, Sir.
Volume 23 Number 4 Winter 2014
Allan Yule
Anderson
And so it was
that OIC #334
was executed on
June 12, 1906, and
the Appointment
of Allan Yule
Anderson was
The Scrivener
approved and ordered as a Notary
by The Honourable James Dunsmuir,
the 8th Lieutenant Governor of BC,
on June 16, 1906. s
Alan B. Campbell, Penticton, BC,
was a Commissioner for taking Affidavits
in Manning Park from 1971 to 1980, and
Postmaster, Lodge Manager, Greyhound
Bus agent, Esso agent, Park Ranger,
and Supervisor of Elections—
“and almost a Notary!” he says.
Telephone: 250 493-8468
abc2012@shaw.ca
TABLE OF CONTENTS
51
$42,232,225
Building Better Communities,
One Grant at a Time
John
Eastwood
30 MILLION
Ken
Sherk
24 MILLION
18 MILLION
The Board of Governors of the Notary
Foundation of BC is comprised of
•8 members of the Board of Directors
of The Society of Notaries Public of BC;
•1 representative from the Attorney
General’s office in Victoria;
•2 Directors-at-Large, appointed
by the Attorney General; and
• the Executive Officer.
The members from The Society are elected
by the Directors of The Society from among
their ranks, for a 3-year period.
The Current Governors
Akash
Sablok
John Eastwood, Chair
Ken Sherk
Akash Sablok
Rhoda Witherly
Tammy Morin Nakashima
12 MILLION
Rhoda
Witherly
6 MILLION
Tammy
Morin
Nakashima
Funds earned to date from
BC Notaries’ Trust Accounts.
As at November 30, 2014
52
TABLE OF CONTENTS
David
Moore
Wayne Braid
David Moore
Leta Best
Lisa Nakamura
Filip de Sagher
G. W. Wayne Braid, Executive
Officer of the Notary Foundation,
is responsible for the
administration of the office and
staff, and the diverse investment
funds of the Foundation.
The Board of Governors meets
quarterly to consider applications for funding
from various organizations and to set policy,
review the Foundation’s financial status,
and provide direction for the administration
of the Foundation.
The Governors of the Foundation have the
responsibility of guiding the Foundation
in its mandate to disperse the funds generated
by interest on BC Notaries’ Trust Accounts.
Leta
Best
Lisa
Nakamura
Filip
de Sagher
The Notary Foundation funds are used for the following purposes.
1. Legal education
2. Legal research
3. Legal aid
4.Education and Continuing Education for BC Notaries and
applicants who have enrolled to become BC Notaries
5. Establishment, operation, and maintainance of law libraries in BC
6.Contributions to the Special Fund established
under the Notaries Act of BC
The Society of Notaries Public of British Columbia
Volume 23 Number 4 Winter 2014
Business to Business
Westcoast Surveys Ltd.
NOTARIES PUBLIC
Registered member of ASTT of BC
“Knowledgeable & Capable”
ROY CAMMACK,
Site surveys for Mortgage Purposes
Don Prokopetz
AScT, RSIS
Tel 604 543-8665
M.B.A., C.S.A.
NOTARY PUBLIC (1982)
Telephone: (604) 536-7288
Fax: (604) 538-4477
Appointments Appreciated
#106 - 1656 Martin Drive
Surrey, British Columbia
Canada V4A 6E7
e-mail: roy@cammack.ca
Website: www.cammack.ca
Real Estate Documents ✧ Subdivisions ✧ Transfers ✧ Mortgages
Leases ✧ Liens ✧ Powers of Attorney ✧ Wills & Affidavits
Fax 604 543-8610
Notaries Public
Serving Kelowna, Lake Country
& West Kelowna
Alexander Ning Notary Corporation
Suite 230, 8911 Beckwith Road
Richmond, BC Canada V6X 1V4
Email: alex@annc.ca
Fax: 604 270-4751
Direct: 604 270-8155
Telephone: 604 270-8384
Alex Ning
Notary Public, Mediator,
Immigration & Refugee Counsel
Nicholas Aubin
Notary Public
250.765.5133 • 250.766.4444
nick@aubinandassociates.com
aubinandassociates.com
Seeking to add to your business career?
There are business opportunities for Notaries in various communities throughout British Columbia.
Some of the Requisites for Becoming a BC Notary
• strong entrepreneurial and people skills
• the highest degree of honesty and integrity
• the ma aLs degree* and 5 years’ related experience
• Fluency in english; other languages an asset
• Financial backing
• dedication to serving the public
*the master of arts in applied Legal studies (ma aLs) program is conducted through simon Fraser university.
For more information, please contact the society of Notaries public of BC
1-800-663-0343 or visit our website, www.notaries.bc.ca.
BC Notaries are respeCted iN their CommuNities.
Volume 23 Number 4 Winter 2014
The Scrivener
TABLE OF CONTENTS
53
Appraisals
The MiX
Dallas Alderson
Nathalie Roy-Patenaude
Social Housing
and the Value
of an Expert
L
arge-scale production
of social housing began
in the 1960s and continued
into the 1990s.
Through various programs, the
federal government funded nonprofit,
public, and co-op social housing
providers through long-term operating
agreements (25 to 50 years in length)
that subsidized rents for low-income
households and/or offset mortgage costs.
Over 600,000 social housing
homes—single-family, duplex, and
apartment units—were developed
with these programs. Roughly two
thirds of the households benefitted
from subsidized rent; those are
Canada’s lowest-income earners and
disproportionately represent the most
vulnerable in our society—lone parents
and their children, seniors, people
of aboriginal descent, newcomers,
people with disabilities, and others.
When all new funding except for
on-reserve social housing stopped
in 1993, and existing agreements
started to expire, total federal funding
began its annual decline—$1.6 billion
in the 2014 year, $1.2 billion in
2020, $604 million in 2025, and
$35 million in 2035. By 2040, the
federal investment in social housing
will be zero.
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TABLE OF CONTENTS
As operating agreements expire,
social housing providers are no longer
bound by the terms and obligations
of the operating agreements.
Additionally, since the term of the
agreement usually coincides with the
end of the mortgage, social housing
providers then own the assets outright.
By 2040, the federal
investment in social housing
will be zero.
Research undertaken to date
demonstrates that upon the end of the
operating agreement and concomitant
funding, at least 334,000 low-income
households risk losing their homes
because the social housing providers
•are unable to cover operating
costs with rents well below
market value,
•will have to raise the rents, or
•will have to sell some or all
of their social housing portfolios.
Unfortunately, the agreements
were not structured in a way that
would enable providers to be selfsustaining after their expiry.
It is estimated that a further
31,000 housing providers may need
some financial support to continue
The Society of Notaries Public of British Columbia
to house low-income households.
The Canadian Housing and Renewal
Association (CHRA), in partnership
with other stakeholders, is leading
the charge, advocating for federal
reinvestment to protect those homes.
Another 179,000 homes likely will
be financially viable and continue
to offer affordable housing to their
communities.
Because they are aging, the
majority of the properties will require
significant investment in capital
repairs, replacements, and retrofits,
including for roofs, boilers, building
envelope, or other, to meet new
building-code requirements to operate
safely and efficiently.
For those providers who will
be financially viable once their
agreements end, refinancing through
private funding­—for example, lending
institutions—will be an important
means of securing the capital
required to undertake needed capital
repairs and upgrades. In doing so,
understanding the value of their
portfolio will be a necessary part
of the process. That is where a real
estate appraiser comes in.
Appraisal Institute of Canada
(AIC) members can undertake
appraisal assignments for various
stages of the mortgage process,
whether at loan origination,
Volume 23 Number 4 Winter 2014
for refinancing, debt consolidation
or restructuring, or mortgage
default. Unbiased and dependable
valuations are and will continue
to be critical to the decisionmaking processes of social housing
providers, businesses, lending
institutions, governments, and the
like. The expiry of the agreements
brings an opportunity for AIC
members to work closely with social
housing providers to impart their
knowledge and expertise as valuation
professionals of choice. s
Judi Whyte, RI
Robbi-Layne Robertson
Inaugural Professional Excellence Award
Real Estate Board of Greater Vancouver
Cell: 604.868.9812
judiwhyte@telus.net
Cell: 604.351.9417
robbilaynerobertson@gmail.com
Selling Homes for over 30 years ~ www.JudiWhyte.com
Call us for real estate advice and service you can trust.
Prudential Sussex Realty
2397 Marine Drive, West Vancouver, BC V7V 1K9
This article was co-authored by
Dallas Alderson, Director of Policy
& Programs, Canadian Housing
Renewal Association, and
Nathalie Roy-Patenaude, Director,
Professional Practice, Appraisal Institute
of Canada.
For more information on social
housing, federal funding, and the
expiry of agreements, please contact
Dallas Alderson.
dalderson@chra-achru.ca
For valuation- and professional practicerelated inquiries, please contact
Nathalie Roy-Patenaude, AACI, P.App,
AIC Director, Professional Practice.
directorprofessionalpractice@aicanada.ca.
nathalier@aicanada.ca
About CHRA
The Canadian Housing and
Renewal Association (CHRA)
is the national voice for the full
range of affordable housing and
homelessness issues and solutions
across Canada. CHRA’s strength lies
in its diverse membership, which
includes all 13 provincial/territorial
housing ministries, nonprofit
housing providers, municipalities,
businesses, and social service
organizations related to housing.
CHRA’s members collectively house
and shelter hundreds of thousands
of Canadians and provide housing
supports to many more.
Volume 23 Number 4 Winter 2014
The Scrivener
TABLE OF CONTENTS
55
SOCIAL ENTERPRISE
David Eddy
Vancouver Native Housing Society
Social Housing:
A New Sustainable Funding Model
T
he provision of social
housing has brought huge
value to this country since
its inception post WW II.
of the day, as a means of deficit
reduction, ended almost all their
housing programs and devolved that
responsibility to the provinces, some
of whom immediately devolved to the
municipalities.
Low income families, marginalized
communities, new immigrants, all
levels of government, and the general
population have reaped the benefits
that this form of accommodation
enables. The social return on
investment (SROI) associated with
affordable, safe, nondiscriminatory,
decent accommodation is massive.
Clearly those orders of
government do not have the financial
horsepower of the Feds. Since that
time, many in the social housing
sector have been fighting what
to date has been a losing battle
to get the Feds back in the game
in a substantial manner. The issue
has centred on what we call the
“End of Operating Agreements”
Many of us in the field believe that
this SROI is extremely undervalued
and taken for granted, particularly by
governments. We feel that in fact many
government agencies and ministries
are subsidized by the work done by the
social housing sector, much of which
in British Columbia is carried out by
nonprofit housing providers.
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TABLE OF CONTENTS
Operating Agreements are
legal contracts that social housing
organizations, typically nonprofit
community entities, have with
Government, in this case the
government of Canada. The agreements
run the length of the mortgage, which
is typically 35 years. The Feds are
contractually obligated to provide
funding that makes up the difference
between what the tenant pays and the
economic rent, the actual per-unit cost
of running the project.
Once the Agreements expire,
no further federal funding will flow.
That will currently affect about 550,000
units of housing, with the number
diminishing significantly each year.
It has been recognized in the
Western world that a low-income
person or family should pay no more
than 30 percent of their gross income
for accommodation, to have enough
money left over to pay for the other
essentials of living.
While housing, particularly for
those of low income, is constitutionally
mandated as a provincial
responsibility, the federal government
took a major role in its provision since
the creation of Canada Mortgage and
Housing Corporation (CMHC) programs
following World War II. Particularly
from the early 1970s until 1993,
Canada created and supported a
model of social housing that was the
envy of the Western world.
That process ground to a halt
in 1993 when the Liberal government
and the diminishing funding
associated with that phenomenon.
All folks residing in social housing
receive some form of subsidy to help
them with their rent.
Skwachàys Lodge
The Society of Notaries Public of British Columbia
In what are known as mixedincome buildings, those with higher
incomes may pay what is referred
to as low end of market rent, which
is about 10 percent under what
would be charged in similar market
accommodation in the neighbourhood.
Volume 23 Number 4 Winter 2014
Others with much less income
would be paying substantially less.
As their agreements expire
and they take ownership of their
properties, there is a good chance that
with prudent fiscal management, the
properties and the nonprofit groups in
this type of social housing will likely
be able to survive.
Those in public housing, housing
for low-income seniors, and housing
for immigrant families and others such
as Aboriginal people—in other words,
the more marginalized residents—face
a different reality. In those situations
virtually all residents receive what is
known as deep subsidy because their
income is universally low. In study
after study, it has been recognized
that those properties will not be able
to generate enough income to remain
viable without raising the rents to
a higher income average.
That is the reality we face at
Vancouver Native Housing Society
(VNHS).
While we believe the federal
government has a moral, ethical, and
legal responsibility to get back in the
housing business in a much more
fulsome way, we are not prepared
to sit around until that happens.
At our latest development at 31 West
Pender Street in Vancouver, we have
created a self-sustaining concept of
social housing that has been in place
for 2½ years. It has been successful
in providing safe, decent, and
affordable housing for 24 Aboriginal
artists working on their personal and
professional development on their
journey to market readiness.
At Skwachàys Lodge, Residence
and Gallery, we have developed a
model that is scalable, replicable,
and portable to other parts of the
country, particularly to urban centres
with significant Aboriginal populations.
We are successfully implementing
this concept without the assistance
of any federal, provincial, or municipal
ongoing funding or subsidy.
The 24 residents in our complex
at 31 West Pender Street in Vancouver
are Aboriginal artists who were
homeless or at risk of homelessness
Volume 23 Number 4 Winter 2014
prior to moving into our building.
They have agreed to a 3-year tenancy
with the goal of becoming marketready in that time frame so they might
move on, allowing others to take their
place and repeat the cycle.
At Skwachàys Lodge,
Residence and Gallery,
we have developed
a model that is scalable,
replicable, and portable
to other parts of the country,
particularly to urban
centres with significant
Aboriginal populations.
Some are fully engaged in school,
working on postsecondary degrees,
while others have their own customized
plans for their futures. In all cases, we
make available other forms of training
and courses such as financial literacy,
grant-writing, classes in various
disciplines such as acting, deportment,
dance, business practices, and so on,
in a culturally safe, respectful, and
appropriate manner.
We also provide workshop space
in the building where this training and
practice can be carried out. Their rent
for each studio apartment is set at the
shelter rate of Social Assistance, which
is $375 per month for their 3-year
tenancies.
The actual cost to operate each
suite is approximately $850 per
month, requiring a subsidy of nearly
$500 per unit/per month or $144,000
per annum. The difference, or subsidy,
typically provided by government in
the classic social housing model, is
made up by VNHS. This is possible
through a unique and innovative Social
Enterprise model.
Social Enterprise is defined in
various ways by different people and
organizations. For our purposes, we
simply say that Social Enterprise is a
profit-making entity within and wholly
owned by a nonprofit organization
(NPO), in which the profits of the entity
are returned to the NPO to fulfill the
mission and the mandate of the NPO.
The Scrivener
In the case of Skwachàys Lodge,
Residence and Gallery, the three
components come together with income
from all three of those entities working
in sync to make the model viable.
The Residence is the social
housing component. The Lodge
and the Gallery are separate profitgenerating social enterprises. If we
look at the building as a whole and
determine that the annual operating
costs including all staff wages and
benefits are set at $700,000 and
we know that the rents bring in
revenue of $108,000, it follows
that the Lodge and Gallery need to
bring in revenue of approximately
$600,000 for us to break even.
That is a significant entrepreneurial
feat and one we have been able to
accomplish since the building opened
in June of 2012.
The model and the two social
enterprises work for us in large part
because of the concept of the circle
and its meaning and importance that
are so integral to indigenous culture.
Simply, the residents and the urban
Aboriginal community, which has a
significantly higher creative and artistic
population than the mainstream,
supply the Gallery with product.
The hotel rooms were designed
based on local and in-house artists’
themes and marketed to the socially
responsible traveller who is looking for
an authentic Aboriginal experience.
The travellers in many instances
become Gallery patrons often looking
to purchase art created by the artist
who themed their room.
It is said that necessity is
the mother of invention. In our
case, we would tweak that adage to
say that necessity is the mother of
entrepreneurialism. It worked for us and
we know it could work for others. s
Social entrepreneur David Eddy, CEO
of Vancouver Native Housing Society,
has a Master’s degree in Leadership and
Training. He has worked in the nonprofit
housing sector for 28 years and sits on
Aboriginal, municipal, and federal boards.
deddy@vnhs.ca
www.vnhs.ca
TABLE OF CONTENTS
57
Ecological Gifts Program
The Role of Professional Advisors
in Conserving
Ecologically Sensitive Land
H
abitat loss and
degradation are the
greatest threats to
biodiversity in Canada today.
While only 5 percent of British Columbia is privately owned,
many key habitats—from marshes
to grasslands—are found on
private property.
Conserving private land can
be difficult. Owners are often
understandably reluctant to reduce
the financial value or utility of their
land. Environment Canada’s Ecological
Gifts Program (EGP) can reduce the
financial barriers by providing income
tax incentives for corporations or
individuals who donate ecologically
sensitive private property.
The success of the EGP is
dependent, in part, on professional
advisors recommending the program
to their clients and guiding them
through the process.
What is the Ecological Gifts Program?
The federal EGP provides income
tax incentives to landowners who
protect ecologically sensitive private
land. The program provides income
tax benefits to corporate or individual
landowners who donate ecologically
sensitive land (or interests in land)
to eligible recipients such as land
trusts or government bodies.
58
TABLE OF CONTENTS
Photo credit: Kyle Morrison
David Cunnington
Elizabeth Jordan
Colby Knox
David Cunnington
Photo credit: Environment Canada
Since its inception in 1995,
the Program has certified over 1000
Ecological Gifts totalling more than
151,000 hectares across Canada,
valued at over $640 million. In
British Columbia 156 donations are
protecting approximately 66,960
hectares of land, valued at over
$226 million.
Since its inception in 1995,
the Program has certified
over 1000 Ecological Gifts
totalling more than 151,000
hectares across Canada,
valued at over $640 million.
What should you know
about the EGP?
Many professional advisors—
Notaries Public, lawyers, accountants,
and financial planners—help facilitate
the EGP process by advising on real
estate transactions, tax services, and
estate planning and whether the EGP
is appropriate for their clients.
by doubling, for income tax
purposes, the carry-forward period
for new donations from 5 years
to 10 years. Ecological Gifts are
exempt from capital gains tax.
•Donated land must be certified
as ecologically sensitive.
•The donation must be made to
an eligible recipient authorized
by Environment Canada, such as
a land trust or government body.
•The donor must be willing to
donate land or an interest in the
land, for example, a conservation
covenant or life estate.
•Sale of land to an eligible
recipient at a price below the
appraised fair market value may
qualify as a split-receipt donation
(see Option 4).
What decisions should be made?
The EGP is designed to accommodate
a diversity of donor needs.
Examples of some types of donations
Five Key Points about the EGP
Option 1: I want to make
a donation of land.
•Donors may receive nonrefundable
tax credits or deductions in
taxable income, which may be
carried forward. The 2014 Federal
Budget encourages donations
of ecologically sensitive land
The most common are fee-simple
donations—donations of land
varying in size from under 1 hectare
to 55,000 hectares. Tax benefits
are based on the fair market value
of the land.
The Society of Notaries Public of British Columbia
Volume 23 Number 4 Winter 2014
Option 2: I want to restrict logging
and/or subdivision of my land,
but retain ownership.
Option 4: I want to donate part
of the value of my land, as well as
receive partial payment.
A conservation covenant is a legal
agreement between a landowner
and a designated land trust and/or
government body. Registered on the
title, it remains in effect if the land
is sold or transferred, binding future
owners to the terms of the covenant.
The donor continues to own the land
and may live on it, sell it, or pass it on
to heirs. The tax benefits are based
upon the resulting reduction in fair
market value of the land.
Split-receipting can be used to
calculate the amount eligible for a
tax benefit if the donor receives an
“advantage” or “consideration” for a
donation. Generally speaking, the value
of the advantage to the donor cannot
exceed 80 percent of the fair market
value of the transferred property. The
Canada Revenue Agency provides
details on split-receipting at www.craarc.gc.ca/E/pub/tg/p113.
Option 3: I want to continue living on
my land but donate the property today.
Landowners may donate a remainder
interest in land but retain a life estate.
That means the landowner (or a
person he or she designates) retains
the right to live on the land for life.
The donor may receive the tax benefits
immediately and have the security
of knowing the land will be protected
in perpetuity.
How can I get more information
about the EGP?
All the necessary information to advise
a client considering an Ecological
Gift may be found on Environment
Canada’s website (www.ec.gc.ca/pdeegp/), including these topics.
All the necessary
information to advise
a client considering an
Ecological Gift may be found
on Environment Canada’s
website
•Engaging an Appraiser to Appraise
an Ecological Gift
•Retaining the Right to Use Land
Donated as an Ecological Gift s
Authors David Cunnington,
Elizabeth Jordan, and Colby Knox
contributed on behalf of Environment
Canada’s Canadian Wildlife Service.
•The Ecological Gifts Program
Handbook
For inquiries about the Program
in British Columbia or the Yukon,
please contact David Cunnington,
Pacific and Yukon Regional Coordinator
of the Ecological Gifts Program.
•Donations and Income Tax
Scenarios
Telephone: 604 350-1987
ec.gc.ca/pde-egp/default.asp?lang=En
Join the fight.
Leave a legacy.
A legacy gift helps fund the best cancer research,
prevention initiatives and support programs.
Canadian Cancer Society, BC & Yukon Division
565 West 10th Avenue, Vancouver BC V5Z 4J4
Toni Andreola
Director, Planned Giving
1-800-663-2524, ext 7112
tandreola@bc.cancer.ca
Charitable Registration Number:
118829803 RR0002
cancer.ca
Volume 23 Number 4 Winter 2014
The Scrivener
TABLE OF CONTENTS
59
REAL ESTATE FOUNDATION
Jack Wong
O
The 2014 Land Awards
n the evening of October
17, 300 people gathered
at the Fairmont
Waterfront Hotel Vancouver
for the 2014 Land Awards Gala,
hosted by the Real Estate
Foundation of BC.
Once again, the master
of ceremonies for this inspiring event
was David Beers, Editor of The Tyee.
The keynote speaker was Peter
Mansbridge, anchor of CBC’s The
National. He told stories from his career
as a broadcaster around the world, from
meeting US President Barack Obama
in his first few weeks in office, to the
Vancouver nurses he discovered in Sri
Lanka who had gone to help vaccinate
children after the tsunami. He spoke
of what he has learned it means to
be Canadian—and that a Canadian is
someone who cares. Peter saw that
in the people and the work we were
celebrating at the Land Awards Gala.
He [Peter Mansbridge]
spoke of what he
has learned it means
to be Canadian—and
that a Canadian is
someone who cares.
The Real Estate Foundation
introduced the Land Awards to
recognize initiatives demonstrating
leadership, innovation, and
collaboration related to the sustainable
use and conservation of land. Our goal
was to raise awareness of BC projects
that are creating new models for
sustainable land use—for planning,
development, and conservation work
that implements best practices and
creates them.
This year, the selection committee
short-listed 9 finalists in three
categories: Private, public, and
nonprofit sectors, with 1 winner in
each category. The Foundation also
selected an individual award winner,
our Land Champion.
This Year’s Winners
Private Sector
Gaia College is a small enterprise that
teaches eco-friendly landscape design
and gardening through more than 20
delivery partners in 25 communities.
Keynote speaker Peter Mansbridge with Jessica Wong and REFBC CEO Jack Wong
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TABLE OF CONTENTS
The Society of Notaries Public of British Columbia
MC David Beers, founding Editor
of The Tyee and Land Awards, with
Vancouver City Councillor Andrea Reimer
Volume 23 Number 4 Winter 2014
The Ministry of Agriculture’s
Agriculture Land Use Inventory
Program is working to inventory farm
land to help government agencies
understand how land is being used
and to develop policy around important
activities like water management.
Nonprofit Sector
Cowichan Green Community transformed
an old motor inn in downtown Duncan
on Vancouver Island to create a zerowaste, mixed use building—The
Station—that includes 20 affordable
housing units, a community kitchen,
and a food forest.
In congratulating
the winners, I want
to celebrate the significant
contributions of all the
finalists—and all the projects
nominated this year.
Foundation has approved more than
$68 million in grants.
The Land Awards Gala is one way
the Foundation is able to connect
with communities and organizations
to share information of BC land use
issues so they can best influence
change in this area. s
Jack Wong, FCMA, is CEO of the
Real Estate Foundation of BC.
Telephone: 604 343-2624
jack@refbc.com
www.refbc.com
LAND CHAMPION
The Real Estate Foundation of BC’s
Land Champion is honoured for
outstanding work in sustainable
land use in the province.
Volume 23 Number 4 Winter 2014
Fall 2014
I enjoyed the Fall 2014 edition
of The Scrivener very much.
The articles “Give and
You Will Receive” by BC Notary
and CGA Andrea Agnoloni and
“A Professional Gift to British
Columbia” by Kevin McCort,
President of the Vancouver
Foundation, were of particular
interest.
Land Champion
Gary Runka, 1938 to 2013, had
a distinguished, 5-decade career in
land-use planning and natural resource
management and was highly respected
as a facilitator, teacher, and mentor.
In congratulating the winners,
I want to celebrate the significant
contributions of all the finalists—
and all the projects nominated this
year. Their work represents much
of the good work occurring in BC.
We are immensely honoured to be
able to share their accomplishments
with a greater audience.
You can see all the finalist videos
and photos from the evening on our
website. www.refbc.com
The Real Estate Foundation of BC
is a philanthropic organization that
helps advance sustainable land use
in British Columbia. It provides grants
to nonprofit organizations working to
improve BC communities and natural
environments through responsible and
informed land use, conservation, and
real estate practices.
Its funding programs support
research, education, and law and
policy reform. Since 1988, the
©iStockphoto.com/Poula Thorsen
Public Sector
Gary Runka
From the 1960s to 2013, Gary
brought immense knowledge
of agriculture, land-use planning,
and natural resource management
to his work with many significant
projects in BC. A respected and
skillful facilitator, teacher, and
mentor, Gary was instrumental
in creating land, water, natural
resource, and conservation plans
for every order of government,
Crown corporations, and nonprofit
organizations.
Notably, as the first general
manager, then chair, of the BC
Land Commission (now the
Agricultural Land Commission),
Gary played a pivotal role in
establishing the Agricultural Land
Reserve.
The Scrivener
I say this as a newly
elected member of the North
Shore Community Foundation,
which serves North and West
Vancouver. Courtesy of the
BC Notaries, I am providing
copies of this excellent
publication
to the members
of the Foundation’s
Board.
Robert
Fawcett
Thanks again
for producing such
an informative and
useful issue.
Robert O. Fawcett
Executive Officer
Real Estate Council of BC
We Love to Hear From You!
scrivener@society.notaries.bc.ca
TABLE OF CONTENTS
61
Seniors
Martha Jane Lewis
Legal Issues
in Residential Care
E
ach year, approximately
38,000 adults in British
Columbia are living
in a residential care facility.
a collective setting where the rights
of individuals must be balanced
against the rights of other residents
living there, as well as the rights
and responsibilities of the staff and
administration.
For most it will become their home
for the last months or years of their
lives. The residents are generally
older, more disabled, and closer to
the end of life than residents were a
decade ago. It is estimated that about
80 percent have dementia.
Residential care is a complex
area. Many laws shape and affect the
residents’ lives in this setting. In BC
there can be regional differences in
policy as well as differences in the
way the law has been interpreted and
applied. Providers may operate facilities
in a number of other jurisdictions in
Canada or the United States and that
may affect their expectations, contracts,
and way of working.
The facility is the person’s home,
as well as where others work. It is
©iStockphoto.com/bowdenimages
Residential care
is a complex area.
Many laws shape and
affect the residents’ lives
in this setting.
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TABLE OF CONTENTS
It is also an area of constant
change as it responds to emerging
issues often with legal implications
for the residents, friends, family,
and the staff who work in the care
facilities. The BC Centre of Elder
Advocacy and Support (BCCEAS),
with funding from the Law Foundation
of British Columbia, has produced a
manual to assist people to understand
the law and practices that guide
The Society of Notaries Public of British Columbia
the way residents of residential care
homes are cared for, and the rights
and responsibilities of the staff and
administration.
“Legal Issues in Residential
Care” sets out the relevant legislation,
helping to clarify some common
misunderstandings along the way.
It describes the key legal issues
related to residential care in BC
and the appropriate processes and
available legal or administrative
remedies. The focus is on licensed
residential care facilities, extended
care facilities, and private hospitals
in BC.
The manual is set out
in seven sections.
1. Statutory Framework
2. Resident’s Bill of Rights
3.Legal Issues in Admission
and Transfer
4.Legal Issues When Living
in Residential Care
5.Rights, Remedies, and
Problem Resolution
6. Consent and Capacity
7. Substitute Decision-Making
The author is Charmaine
Spencer, a gerontologist, lawyer, and
member of Simon Fraser University’s
Gerontology Research Centre whose
work focuses on a range of issues
affecting older adults.
Volume 23 Number 4 Winter 2014
This free online publication
may be printed in sections
or in whole.
The manual is based on the
manual produced by the Advocacy
Centre for the Elderly in Toronto,
Canada. Input was provided by
lawyers and staff at BCCEAS, the
Canadian Centre for Elder Law, the
BC Ombudsperson Office, Community
Legal Assistance Society (Mental
Health Law Program), the Office
of the Public Guardian and Trustee,
Alzheimer Society of BC, Vancouver
Island Association of Family Councils,
BC Association of Community
Response Networks, Health Care
professionals, and Care Providers.
This free online publication may
be printed in sections or in whole.
We have produced it as a Wikibook
through Courthouse Libraries BC
rather than a printed book so it can be
updated whenever necessary. It can be
accessed through the BCCEAS website
www.bcceas.ca or the BC Court House
Wikibook website http://wiki.clicklaw.
bc.ca/index.php/Legal_Issues_in_
Residential_Care:_An_Advocate%27s_
Manual. s
Martha Jane Lewis, LLB, LLM,
is a lawyer and Executive Director
at the BC Centre for Elder Advocacy
and Support, which provides legal
services to older adults in the areas
of government benefits, residential
tenancy, financial abuse, and
guardianship/capacity. BCCEAS also
operates the Seniors Abuse and
Information Line (SAIL) and Victim
Services program.
BC Centre for Elder Advocacy
and Support
Telephone: 604 688-1927, X 232
mjlewis@bcceas.ca
Seniors Abuse and Information Line:
Telephone: 604 437-1940
Toll Free: 1-866-437-1940
TTY: 604 428-3359
Toll Free: 1-855-306-1443
To start planning your
legacy gift by Will,
please contact:
HOW WILL YOU LEAVE YOUR MARK?
By including the Heart and Stroke Foundation in
your Will, you’ll support life-saving heart disease
and stroke research — and give your family
and friends a brighter future.
Jane Westheuser
Gift Planning Advisor
1-888-473-4636
jwestheuser@hsf.bc.ca
heartandstroke.bc.ca
HOW DO YOU KEEP
REAL ESTATE VALUES
GROUNDED IN
REALITY?
Reliable property values based on professional valuation
practices are essential to the stability of Canada’s real estate
market and financial system. Since 1938, the Appraisal
Institute of Canada’s designated appraisers–AACI and CRA–
have provided real estate expertise to Canadian homeowners,
lenders, businesses and governments–helping them make
informed decisions about their property. We are Canada’s
professional appraisers of choice, and ensure property
values remain grounded in reality.
VALUATIONS APPRAISAL REVIEW CONSULTING FEASIBILITY STUDIES DEPRECIATION REPORTS
Find a Real Estate Appraiser in your area by visiting
AICanada.ca
For more information, contact us at 604.284.5515 or info@appraisal.bc.ca
www.bcceas.ca
Volume 23 Number 4 Winter 2014
The Scrivener
TABLE OF CONTENTS
63
TAXES
Andrea Agnoloni
What’s New
for the Tax Year 2014
A
s 2015 begins, with all our
New Year’s resolutions,
now is the time to make
sure you have the information
you need regarding your 2014
personal income tax return.
Whether you prepare your own
personal tax return or you use the
services of a professional accountant,
it is useful to know the tax
proposals and tax measures
that were introduced in
the Federal Budget
last February
and the
…it is useful to know
the tax proposals and
tax measures that were
introduced in the Federal
Budget last February…
most recent announcements made
in October 2014.
Split Income
Currently the Income Tax Act
applies the highest marginal tax
rate to income received by
minors. That income, defined
“split income,” generally
includes the following.
1. Taxable dividends
received through a
partnership or trust
in respect of shares
of private corporations
©iStockphoto.com/Edmonds Design
2.Capital gains from
dispositions of those
shares to persons
not dealing at arm’s
length with the minor
64
Effective 2014, the definition
of split income will include also
income that is paid or allocated
directly or indirectly to the minor from
a partnership or trust and it is derived
from a business or a rental property
and the person related to the minor
is actively engaged in the activities
of the trust or partnership and has
in interest in the partnership.
Taxation of Estates and Trusts
Currently, estates and testamentary
trusts created by Will calculate their
income tax on taxable income by using
the same marginal tax rates (graduated
rates) as individual taxpayers use.
The 2014 Budget proposes that
starting in 2016, testamentary trusts
and estates arising after death will be
subject to a flat top-tax rate; they will
not be exempt from making income
tax installments, and they won’t be
able to have off-calendar year end.
Graduated tax rates will apply for
the first 36 months of an estate that
arises from the death of an individual.
After that, the top-tax rate will apply.
Graduated rates will continue
to apply for trusts having as their
beneficiaries individuals who are eligible
for the federal disability tax credit.
Estate Donations
For 2016 and subsequent taxation
years, donations made by Will will
be deemed to be donations made
by the estate and may be claimed
in any of the following.
TABLE OF CONTENTS
The Society of Notaries Public of British Columbia
Volume 23 Number 4 Winter 2014
•The taxation year of the estate
in which the donation is made
Search and Rescue Volunteers
Tax Credit (SRVTC)
•An earlier taxation year
of the estate
This is a new credit to allow eligible
ground, air, and marine search
and rescue volunteers to claim
a 15 percent nonrefundable tax credit
based on an amount of $3000.
•The last 2 taxation years
of the deceased individual
The donation must be made
within 36 months following the death
of the individual.
Personal Tax credits
The medical expense tax credit will
be expanded to include cost to design
an individualized therapy plan if the
following conditions are met.
•An individualized therapy
plan is required to access
public funding for specialized
therapy, or a medical doctor
or an occupational therapist­—
or, in the case of a mental
impairment—a medical doctor
or psychologist) prescribes an
individualized therapy plan.
•The plan is designed for an
individual with a severe and
prolonged mental or physical
impairment who is, because
of the impairment, eligible
for the Disability Tax Credit.
•The amounts are paid to persons
ordinarily engaged in the business
of providing such services to
unrelated individuals.
The Adoption Expense Tax Credit
This 15 percent nonrefundable tax
credit allows adoptive parents to claim
eligible adoption expenses relating
to the completed adoption of a child
under the age of 18.
Eligible adoption expenses
include, for example, fees paid
to a licensed adoption agency and
mandatory immigration expenses
in respect of the child. The Adoption
Expense Tax Credit may be claimed
in the taxation year in which an
adoption is completed.
The maximum amount of eligible
expenses has been increased to
$15,000 per child for 2014. This
maximum amount will be indexed to
inflation for taxation years after 2014.
Volume 23 Number 4 Winter 2014
An eligible individual will be
a search and rescue volunteer
•who performs at least 200 hours
of volunteer search and rescue
services in a taxation year,
•for one or more ground, air,
or marine search and rescue
organizations,
•that consist primarily of
responding to and being on call
for search and rescue and related
emergencies, attending meetings
held by the search and rescue
organization, and participating in
required training related to search
and rescue.
Eligible search and rescue
organizations will include search
and rescue organizations that are
members of the Search and Rescue
Volunteer Association of Canada,
of the Civil Air Search and Rescue
Association, and of the Canadian
Coast Guard Auxiliary. Other
organizations whose status as a search
and rescue organization is recognized
by a provincial, municipal, or public
authority will also qualify.
The Minister of National Revenue
may require an individual who
claims the SRVTC to obtain written
certification from a team president—
or other individual who fulfills a similar
role—of an eligible search and rescue
organization confirming the number
of hours of eligible volunteer search
and rescue services performed.
Children Fitness Amount Tax Credit
The amount that can be claimed under
this credit for 2014 and subsequent
years will be doubled to $1000 per
child, and that the credit will be made
refundable effective for the 2015 and
subsequent taxation years.
The tax credit is available for
prescribed programs of physical
activity for their children who are,
at the beginning of the taxation year
The Scrivener
•under 16 years of age, or
•under 18 for a child
with a disability
The federal tax credit is calculated
using the lowest tax rate of 15 percent
so the maximum tax credit per child
for 2014 will be $150 (previously
$75).
Amateur Athlete Trusts
Income that is contributed to an
amateur athlete trust after 2013
will qualify as earned income for the
purpose of determining the RRSP
contribution limit of the trust’s
beneficiary.
Individuals who contributed to
an amateur athlete trust before 2014
will be permitted to make an election
to have income that was contributed
to the trust in 2011, 2012, and 2013
also qualify as earned income.
An individual’s RRSP limit will be
re-determined for each of these years,
based on the additional earned income
created as a result of the election; any
additional RRSP room will be added
to the individual’s RRSP contribution
room for 2014. An individual will be
required to make the election in writing
and submit it to the Canada Revenue
Agency on or before March 2, 2015. Nonresident Trusts
Until the end of 2013, new immigrants
were able to transfer their foreign
assets into a trust and the income
from the foreign source was exempt
from Canadian tax for a period of
60 months.
Effective 2014, the 60-month
exemption is eliminated, therefore new
immigrants will be subject to Canadian
income tax on all their worldwide
income as soon as they become
resident of Canada for tax purposes.
Business Income Tax Measures
Remittance Thresholds
for Employer Source Deductions
Employers are required to remit
source deductions in respect of
employees’ income tax, Canada
Pension Plan contributions, and
Employment Insurance premiums.
An employer is included in a particular
TABLE OF CONTENTS
65
category of remitter on the basis of
the employer’s total average monthly
withholding amount in preceding
calendar years in respect of these
source deductions.
To reduce the tax compliance
burden, effective January 1, 2015,
the frequency of remittance of source
deductions for these employers will be
reduced by increasing the threshold
level of the total average monthly
withholding amounts.
•Employers will be required to remit
up to two times per month if,
2 calendar years ago, they had a
total average monthly withholding
amount of at least $25,000, but
less than $100,000, and
•Employers will be required to remit
up to four times per month if,
2 calendar years ago, they had a
total average monthly withholding
amount of at least $100,000.
GST/HST Credit Administration
Leave a
a Legacy
Legacy
Leave
in your
WiLL
in Your
Will
remembering Variety
Variety– -The
The
By remembering
Children’s Charity
Charity ininyour
yourwill,
will,
Children’s
you can help children who have
have
special needs
needs ininthe
theprovince.
province.
Your generosity
provide
hope,
Your
generositywill
will
provide
enrich
lives,
and
build
a
better
hope, enrich lives, and build
forfuture
children
Xander.
afuture
better
forlike
children
like
ForXander.
more inFormation on
hoW For
to Leave
a Legacy:
more info
...
Call
(604)
320-0505
Call (604) 320-0505 or
Toll-free
1 (800)
381-2040
Toll-free
1(800)
381-2040
Visit
our
website
or visit our website at at
www.variety.bc.ca/legacy.
www.variety.bc.ca/legacy
The Goods and Services Tax/
Harmonized Sales Tax (GST/HST)
Credit is a nontaxable benefit that
is paid to individuals based on their
adjusted family net income. An
individual may apply for the GST/HST
Credit by checking the GST/HST Credit
application box on their annual income
tax return. When an individual does
so, the Minister of National Revenue
is required to send the individual a
notice of determination as to their
eligibility for the GST/HST Credit.
Effective 2014, there is no need
for an individual to apply for the GST/
HST Credit. A notice of determination
will be sent to each individual eligible
for the GST/HST Credit. In the case
of eligible couples, the GST/HST
Credit will be paid to the spouse or
common law partner whose tax return
is assessed first.
Effective last October 30, 2014,
new tax measures were announced
to help make life more affordable for
Canadian families. Some of these
measures can be summarized as
follows; they will be implemented
as of January 1, 2015.
•
The Family Tax Cut, a federal tax
credit that will allow a higher-
66
TABLE OF CONTENTS
The Society of Notaries Public of British Columbia
income spouse to transfer up
to $50,000 of taxable income
to a spouse in a lower tax bracket.
The credit will provide tax relief—
capped at $2000—for couples
with children under the age of 18,
effective for the 2014 tax year.
•Increasing the Universal Child Care
Benefit (UCCB) for children under
age 6. As of January 1, 2015,
parents will receive a benefit of
$160 per month for each child
under the age of 6—up from
$100 per month. In a year,
parents will receive up to $1920
per child.
•
Expanding the UCCB to children
age 6 through 17. As of January 1,
2015, under the expanded UCCB,
parents will receive a benefit of
$60 per month for children age 6
through 17. In a year, parents will
receive up to $720 per child. •
Increasing the Child Care Expense
Deduction dollar limits by $1000,
effective for the 2015 tax year.
The maximum amounts that can
be claimed will increase to $8000
from $7000 for children under
age 7, to $5000 from $4000 for
children age 7 through 16, and
to $11,000 from $10,000 for
children who are eligible for the
Disability Tax Credit. Families can claim the Family Tax
Cut in the Spring of 2015 when they
file their 2014 tax returns. They will
begin to receive payments under the
enhanced UCCB in July 2015. The July
UCCB payment will include up to 6
months of benefits to cover the period
from January through June 2015. s
Please consult a financial professional
to discuss your specific situation.
Andrea Agnoloni, CPA, CGA, Notary
Public, is a Principal with EPR North
Vancouver, an Independent Member
Firm of EPR Canada Group Inc.
Telephone: 604 987-8101 andrea@eprnv.ca www.eprnv.ca www.facebook.com/eprnv
Volume 23 Number 4 Winter 2014
Editor’s
Prefer Paperless?
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as each issue is posted online,
quarterly.
Please visit www.notaries.bc.ca/
scrivener or email scrivener@
society.notaries.bc.ca.
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Volume 23 Number 4 Winter 2014
The Scrivener
TABLE OF CONTENTS
67
TRAVEL
Photo: Ylfa Mist Helgadottir
Marg and Bob Rankin
“West Icelanders”
Discovering Ancestors
An old Icelandic fishing station, now an outdoor museum, dating back to the 19th century in the area where some of Bob’s ancestors lived.
On the left is the fishermen’s Winter home. The hut on the right displays the tools and fishing gear used in that time.
A
fter many years
of considering a trip
to explore my husband
Bob’s Icelandic roots,
we decided 2014 was the year
to do it.
Bob’s grandfather and
grandmother emigrated to Canada
from Iceland with their first child
in 1900 when about 20 percent
of Iceland’s population left for North
America or Australia. Their second
child, Bob’s mother, was born in
Vancouver in 1902. They never had
an opportunity to return to Iceland.
Bob discovered a wonderful
program for people of Icelandic
descent living in Canada and the USA
who have a true passion for Iceland
and want to travel there.
There are actually two programs,
Snorri and Snorri Plus, both operated
by the Icelandic National League
in partnership with the Nordic
Association.
•The Snorri Program is for young
people, 18 to 28.
• Snorri Plus is for those over 30.
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TABLE OF CONTENTS
On top of that, Iceland Air
decided in 2014 that Vancouver,
British Columbia, was now a great city
for direct flights to and from Iceland
from May to October!
We registered for the Snorri Plus
program. Because Bob’s ancestors
were from the Westfjords in the northwest corner and the itinerary would
not take us to that area, we decided
to travel on our own for a week to
explore the territory where Bob’s
relatives had lived and worked.
to Stykkisholmur (pronounced as it
sounds); we stayed two nights in a
great B & B while we explored the
Snæfellsnes Peninsula, one of many
we explored over the next week. Bob’s
grandparents lived there until they left
for Canada at the age of 26.
The countryside was incredible—
lava fields, rolling hills and
mountains, glaciers, and waterfalls
pouring over the mountainsides into
After a 7-hour flight
that started with a bottle
of “Pure Icelandic Water”
when we boarded,
we arrived in Reykjavík…
After a 7-hour flight that started
with a bottle of “Pure Icelandic Water”
when we boarded, we arrived in
Reykjavík, picked up a van, did a quick
overview of that delightful city, and
started driving north.
We travelled 168 kilometres the
first day, along the west coast road,
to visit the first of Bob’s many newly
discovered cousins, and continued
The Society of Notaries Public of British Columbia
Bob meets the first
of his 30 or more cousins
Volume 23 Number 4 Winter 2014
Iceland
Each West-Icelander receives
a unique book listing
his or her ancestors going
back 10 generations.
crystal-clear water wrapping around
finger projections of land—the
magnificent fjords.
Towns and tiny hamlets were
sparsely scattered around the
Westfjords, waiting for enquiring
“West Icelanders”—as people who
left Iceland and those who descended
from them are called—together with
thousands of other tourists from
Europe and the Americas.
Although many locals may
eat quite simply, there are chefs
throughout the island who excel in
producing delicious dishes from the
country’s abundance of seafood and
lamb, not to mention the Asian noodle
houses and sushi restaurants that have
sprung up. Then there is Icelandic’s
unique and popular “Pylsa”—hot dog.
Volume 23 Number 4 Winter 2014
For 5 days, we travelled hundreds
of kilometres over paved roads, gravel
roads, potholes, high mountain glacial
passes, and extremely steep cliff
drop-offs, arriving back in Reykjavík
to join the 16 other Snorri Plus
members who, true to the Snorri
program and the amazing genealogy
records of the people of Iceland, ALL
learned they had a common ancestor
somewhere back in the 16th to 18th
centuries—and were all cousins to
each other at some level—5th cousin
once removed, 8th cousin, and so on!
Starting with a week in and
around Reykjavík, we set out on a
2-week adventure to study Iceland’s
culture, music, language, women’s
rights, and governance, specifically
in some of its most beautiful
buildings, including these.
•The “Culture House” near the
centre of town that was restored
and re-designed through the
genius of an Icelandic woman with
a passion for Iceland’s culture and
sharing it with others
The Scrivener
©iStockphoto.com/Volina
Map of
Iceland
•The Hallgrímskirkja Church, an
architectural beauty that soars
over the pedestrian friendly city
and has truly amazing acoustics
•The Harpa, almost abandoned
during its construction when the
financial crash of 2008 hit. But
Icelanders were determined to
complete it with four acoustically
perfect performance venues of
varying sizes and public areas and
a café. A true indication of the
stamina of the people of Iceland,
it now attracts performing groups
from the world over.
One of the special features of the
Snorri Program is the genealogical
research provided to all participants of
Icelandic descent. Each West-Icelander
receives a unique book listing his or her
ancestors going back 10 generations.
At the 10th generation, Bob’s
book listed 124 ancestors from the
1600s! Icelanders sure are great
recordkeepers. A map in the book
located about a dozen old farms and
homesteads in Bob’s “family.”
TABLE OF CONTENTS
69
BC Notaries
Speak Your Language
BC Notaries around the province
offer many noncontentious
legal services (see page 43)
in an impressive variety of languages.
ENGLISH
ARABIC
BULGARIAN
CANTONESE
CROATION
DUTCH
FARSI
FILIPINO
FLEMISH
FOOKIEN
FRENCH
GERMAN
GUJARATI
HINDI
ITALIAN
JAPANESE
KOREAN
We were astounded
by the extraordinary
friendliness and hospitality
of the people.
During our later travels, our bus
stopped several times so our fellow
travellers could be photographed on
their ancestors’ homesteads.
On the third day of the culture
program, relatives of each participant
were invited to a special reception.
Five of Bob’s cousins met us for
the first time. One immediately
set to organize a party where we
met 30 of Bob’s relatives ranging
in age from 20 to 75. Everyone
had a great time! We were astounded
by the extraordinary friendliness and
hospitality of the people.
We had the opportunity to visit the
homes of two of Bob´s half-cousins in
the small town of Bolungarvík in the
Westfjords and the city of Akureyri in
the north. Those personal connections
provided the most lasting memories
of our trip.
Hallgrímskirkja, Lutheran Church,
one of Reykjavík's best-known landmarks,
visible throughout the city
Fortunately, many of Bob’s
Icelandic relatives are on Facebook,
which has made further communication
very easy. Two thirds of Iceland’s
population is on Facebook; social media
recently became a way for Icelanders
to participate in a comprehensive review
of Iceland’s Constitution.
MALAYSIAN
MANDARIN
PERSIAN
POLISH
PORTUGUESE
PUNJABI
ROMANIAN
RUSSIAN
SERBIAN
SHANGHAIESE
SPANISH
SWAHILI
SWATOW
SWISS
SWISS GERMAN
TAGALOG
TAIWANESE
TAMIL
TAOSHAN
TELEGU
URDU
VIETNAMESE
Reykjavik from the tower of the Hallgrímskirkja Church
70
TABLE OF CONTENTS
The Society of Notaries Public of British Columbia
Volume 23 Number 4 Winter 2014
Marg and Bob in their bug-off bonnets
On a day bus-tour of the Golden
Circle (south-west Iceland), we visited
Þingvellir (Thingvelear) where Iceland’s
Alþing (Althing), the first Parliament,
was established in 930. The world’s
oldest existing national assembly,
it established Iceland’s unique
republican government system.
Perched on the place where the
Eurasian and North American plates
meet, we saw the rift at the plate
boundaries that move apart about
2 centimetres a year and waterfalls,
geysers, spouting hot springs, and
boiling mud pools.
After the introduction to the
wonders of Iceland, we set out for
a week’s tour of a portion of the
Diamond Circle (south-west to northcentral Iceland), learning about the
Sagas of Iceland and continuing on the
northern highway route that took us to
the gorgeous city of Akureyri, tucked
into the end of the fjord Eyjafjordur.
Akureyri houses 20,000
inhabitants, a magnificent cultural
Atlantic Puffins
Strokkur geysir that erupts
every 4 to 8 minutes
performance centre and art gallery
with four swimming pools, private
track clubs, a university, hospital,
great restaurants, 18-hole golf
course, botanical garden, hiking trails,
and on and on. Icelanders refer to
Akureyri as the “capital of the shining
north”—and shining it was. Reykjavík
often experiences rain; Akureyri enjoys
more sun.
glacier in the south-central part of the
island. Thankfully, it did not blow ash
the way Eyafjallajokull (pronounced
just as it sounds, with the “j” as a “y”)
did a few years ago.
Our next experience was riding
talented Icelandic horses over lava
fields surrounding Lake Myvatn.
It was absolutely necessary that our
heads were covered with netting
material draped over our riding
helmets so we wouldn’t be eaten alive
by the midges—hundreds of little flies
that surrounded us and our horses.
We became acutely aware and
cautious of the rumblings of the
volcano Bárðarbunga (pronounce
the “ð” as a hard “th”) that was
happening under Iceland´s largest
We continued our exploration
of the northern coastline, closing in on
the Arctic Circle to fishing villages with
lots of colourful boats in their harbours.
We stayed at Hofsós, a tiny village
where extensive displays at the Iceland
Emigration Centre told the story of the
Icelanders who moved to America, a
topic of great interest to the members
of our tour group. Then we climbed
the island of Drangey (60 storeys up),
fished the Arctic waters, and watched
the dolphins and puffins.
Our final stop was at the Blue
Lagoon. Soaking in the silica-rich hot
baths ranging from 37º C to 40º C
(about 98º F to 104º F) rejuvenated
our well-travelled bodies and inspired
our souls to learn how Iceland has
tapped the potential of its geothermal
energy and is now investigating the
piping of that energy to European
countries across the North Atlantic.
Iceland’s economy is supported
by its strong fishing industry, the
introduction of new aluminum plants
and tourism, and now the potential
production of energy to other nations.
Back on its feet following its major
economic crash in 2008, Iceland works
cooperatively with Norway, Denmark,
Great Britain, and Germany. s
Blönduós Church on the north-central coastline of Iceland,
designed to resemble a volcanic crater
Volume 23 Number 4 Winter 2014
The Scrivener
Marg Rankin is a BC Notary
who practises in North Vancouver.
rankinnotary@gmail.com
TABLE OF CONTENTS
71
Wills and Estates
Photo credit: Matthew Chen
Trevor Todd
Black Sheep and Scapegoats
in Dysfunctional Families
E
state litigation is rife
with black sheep and
scapegoats.
The purpose of this article is to
examine that phenomena. It crosses
virtually all aspects, boundaries, and
strata of society. More likely than
not, when each family sits down for
a traditional celebration, at least one
person is conspicuous by his or her
absence—or presence.
Webster’s dictionary defines
a black sheep as
a person who causes shame
or embarrassment because of
a deviation from the accepted
standards of his or her group.
The same dictionary defines
a scapegoat as
a person or group made to bear
the blame for others or to suffer
in their place.
Neither black sheep nor scapegoat
is defined in legal dictionaries. Although
there are several references to those
types of individuals throughout case law,
most do not try to define the concept.
A psychologist might define a
black sheep as a member of a rigidly
triangulated family who holds the rest
of the family tightly together by being
identified and assigned the role as
72
TABLE OF CONTENTS
©iStockphoto.com/Beyond Images
the bad/problematic/deviant one who
causes all the family’s problems.
The ruler of the family typically
initiates the charges and thereafter
assigns both label and blame. Siblings
often simply buy in, initially as a route
of least resistance, and perhaps out of
self-defence so as not to become the
target, and then ultimately as believers
of the alleged faults.
In dysfunctional families,
black sheep are often viewed
and treated as scapegoats
within the family.
Psychologists report that many
black sheep/scapegoats will attest to
the fact that they were singled out for
blame or humiliation at an early age,
with no explanation or reasoning for
the decision offered to them.
Black Sheep v. Scapegoats:
What’s the Difference?
Although there are different origins
for the strict meanings of black sheep
and scapegoat, for the purposes of
this article, within the context of
dysfunctional families, I shall use
them almost interchangeably.
For the sheep, the term originated
from the fact that the occasional
The Society of Notaries Public of British Columbia
black sheep would be born into a herd
of predominantly white sheep; the
black sheep were far less marketable.
At times they were even considered
religiously sinister.
With its recessive gene, a black
sheep literally and figuratively stands
out in the white flock.
In dysfunctional families, black
sheep are often viewed and treated
as scapegoats within the family.
Scapegoating involves the practice
of singling out a party for unmerited
negative treatment or blame; it can
be likened to bullying.
In the context of dysfunctional
families, the similarities between
black sheep and scapegoats include
the projection of feelings of blame,
aggression, hostility, frustration, hurt,
and so on upon one person. That
negative behaviour is dramatically out
of proportion to what might conceivably
be warranted. The process of
scapegoating provides a psychological
boost to the perpetrator who uses that
method to channel his or her own anger
and frustration through the victim.
Dysfunctional families typically
allow the scapegoat to remain in the
family until he or she dares to speak
up or complain, then the person is
ostracized. Wild distortions of the truth
are always prevalent.
Volume 23 Number 4 Winter 2014
The Inherent Problem
of Dysfunctional Families
Dysfunctional families are almost
the norm these days. By definition
they have poor insight into their own
behaviours and problems and will do
almost anything to project “normal.”
In reality, such families are frequently
crippled by their poorly contained
fears, addictions, mental disorders,
and insecurities.
In this “Alice in Wonderland”
topsy-turvy distorted version of family
life, dysfunctional parents often avoid
the obvious and very real problems
within their families and instead
choose a scapegoat child upon which
all faults, problems, and family
dysfunction are heaped.
This whipping boy (or girl) can
seemingly never escape the assigned
role, often delegated early in life and
enforced by family pressure placed
upon the other siblings to go along.
Another troubling aspect of the
black sheep/scapegoat syndrome
is that scapegoats who remain in
this role usually find themselves
perpetuating the syndrome in their
own families because it is a learned
behaviour.
Should the Black Sheep/Scapegoat
Leave the Home?
The destiny of the black sheep/
scapegoat is invariably to leave the
family home, often on the advice
of a counsellor or doctor. Counsellors
profess that distance is by far a
healthier option for those individuals
in terms of recovering from the
humiliation, shame, and self-loathing
that has been their experience within
the family.
It is interesting that the black
sheep/scapegoat syndrome does not
diminish over time; the individual(s)
continue in the role as the root of
all the family’s difficulties, even in
absentia. The family is compelled to
continue to assign blame and project
shame onto the person(s) on whom
the dysfunctional name tag is hung.
Take for example the black sheep child
who returned after a 25-year absence
to reunite with her father before he
died of lung cancer, only to be told by
Volume 23 Number 4 Winter 2014
him to get out of the room because
she had caused his lung cancer.
The man had smoked for 50 years.
Estrangement
and the Wills Variation Act
As previously stated, one of the
overwhelming commonalities between
a black sheep and the scapegoat is
that they are often advised by medical
practitioners or counsellors to learn
to distance themselves from their
family, for their own mental well-being.
That is based on the probable
reality that the family’s behaviour
as a group will never change. The
ostracized child will continue to be
abused psychologically and be unable
to escape or change the role he or she
has been assigned.
The destiny of the black
sheep/scapegoat is invariably
to leave the family home,
often on the advice
of a counsellor or doctor.
When testators disinherit a child
on the basis of noncontact for many
years, alleging estrangement, it may
well be that a valid Wills Variation claim
should or will override the defence of
estrangement, if the long-term minimal
or total absence of contact was based
on the advice of a medical doctor or
a qualified counsellor.
It would particularly assist the
disinherited victim if such medical/
counselling advice were passed onto
the family members who were causing
the continuing abuse, on or after
family counselling has failed. At least
records would be available to show
attempts were made at reconciliation.
The common consensus of the
general public, and even some judges,
is the view that the black sheep or
scapegoat should simply never give
up at attempting to reconcile with the
family, and that the fault must be with
the ostracized one, not the family.
Thus the scapegoat is victimized not
once, but twice.
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and Agents
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Spring Advertising Deadline: March 5
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It is inconceivable for anyone
raised in a “normal” environment
The Scrivener
TABLE OF CONTENTS
73
Open Your Doors
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world of the dysfunctional
family that is an
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majority of estrangements are almost
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irrational reactions to them.
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Court Awards for “Scapegoat Abuse”
A.D.Y. vs. M.Y.Y. and D.E.Y. (1994)
5 WWR 623 involves a case of
egregious physical and mental abuse.
His parents subjected their child to
years of physical and mental abuse
during his troubled childhood, in which
he was, inter alia, hyperactive.
The plaintiff recovered damages
of $260,000 in his action against
his parents for damages for assault,
battery, false imprisonment, and
intentional infliction of mental
suffering.
The term “scapegoat” was used
by the expert witness. Dr. Briggs’
opinion is that the plaintiff was the
family scapegoat.
o one will disagree with the fact
N
that [A.]’s family experienced
periods of considerable stress
during [A.]’s 12 years of living
within the family.
Founder,
Rhonda Latreille, MBA, CPCA
1-877-272-8086
www.CPCAcanada.com
74
TABLE OF CONTENTS
here will be some dispute as
T
to [A.]’s contribution to that stress
because of his Attention Deficit
Disorder and hyperactivity, and
his induction into the role of
family scapegoat. There will be
considerably more disagreement
as to whether the problems
[A.] presented (both because
of his disorder and because
of his reactivity to family stress
and their management of him)
justified measures taken against
him that were unusually harsh.
These measures were carried out
in persistent and extreme ways
to the point of becoming ritualized
punishment and degradation in
The Society of Notaries Public of British Columbia
the name of management and
behavioural control. A long-term
pattern of physical and emotional
abuse is evident, carried out
both by [A.]’s parents directly
and indirectly by their promoting
and endorsing physical and/or
emotional abuse by certain of
[A.]’s siblings.
Conclusion
Black sheep/scapegoats are often,
not surprisingly, disinherited by their
parents. The view of the black sheep/
scapegoats is that they were singled
out as very young children to be
blamed for things that were neither
their fault nor in their control or the
accusations simply were not rational.
Those types of dysfunctional
situations can arise in almost any type
of home, but in particular in homes
where there are narcissistic parents
and/or alcohol, drug, or mental issues.
If a black sheep/scapegoat learns
he or she is to be disinherited, the
person should seek legal advice, as
well as medical and psychological
counselling to ascertain whether it
would be in his or her best interest
to attempt a reconciliation with
the dysfunctional family, given the
individual’s own history.
For many black sheep/scapegoats,
there are simply two choices.
1. No family contact
2. Continued abusive family relations
While every child craves parental
love and approval and vice versa,
in the world of the dysfunctional
family that is an impossible illusion,
especially for those assigned black
sheep/scapegoat status. s
Trevor Todd restricts his practice
to estate litigation and has practised
law for 41 years. He is a past president
of the Trial Lawyers Association of BC,
a past chair of the Wills and Trusts
(Vancouver) Subsection, and a past
president of the New Westminster Bar
association. He frequently lectures
to CLE, TLABC, the BC Notaries, and
various law, business, and general
public sessions on estate law issues.
Disinherited.com is 17 years old.
Volume 23 Number 4 Winter 2014
COMMUNICATING
Mark Smiciklas
Karen Cook
Know Your Audience:
Adapt for Success
R
ock-and-roll Tofino
surf; fragrant Kamloops
sagebrush; restful Prince
George lake country; rugged
Cariboo cowboys; lush green
Haida Gwaii cedar forests.
Those beloved BC icons
create an array of visual and visitor
experiences across our province.
We enjoy a range of very different
topographies and a diverse societal
mosaic created by the individual and
the common interests, values, and
traditions of the people who live here.
We prepare for travel by
determining the maps, clothing,
and other considerations we will
need. We should also prepare for
communicating with our varied
audiences by understanding their
preferences, life style and life stage,
habits, and interests.
©iStockphoto.com/LisaFX Photographic Designs
Quite simply, adapt your
communication to your audience.
Ask yourself what the target group
Whatever method you
choose, be sure your
message is relevant
to your audience.
needs to hear from you to help them
understand your information, rather than
simply what you want them to know.
Consider the following.
• What’s important to them?
•How does the information you
want to share relate to that?
•What do they already know or
think about your topic?
•What questions will they have?
•What’s the best way to reach
them? What media do they read,
watch, listen to?
Various subgroups of people have
some common interests and habits.
•If you’re hoping to communicate
with 18-to-35 year olds, you’ll
have much more success
using social media and mobilecompatible tools than you will
using Canada Post. Keep your
message short and to the point.
•Boomers best might be reached
by radio or web versions of
traditional media as they rush
around meeting the challenges
of their “sandwich generation”—
balancing between caring for
their kids and their aging parents.
Volume 23 Number 4 Winter 2014
The Scrivener
•If you’re hoping to reach seniors,
statistics tell us they’re more likely
to read community newspapers
than Twitter.
Whatever method you choose,
be sure your message is relevant to your
audience. How can you help the busy
and typically underfunded student;
the harried, generation-bridging boomer;
or seniors hoping to maintain their
independence, savings, and health
for as long as possible?
In communication, a little
research, preparation, and the right
tools and language skills will make
the difference between triumph and
struggle for you. s
Mark Smiciklas is a Digital Strategist
and President of Intersection Consulting,
a Vancouver-based marketing agency
that helps individuals and organizations
leverage Web 2.0 to connect with
audiences and achieve business
objectives.
msmiciklas@gmail.com
www.intersectionconsulting.com
Karen Cook provides communications
and media relations support to
BC Notaries. With over 20 years’
experience, Karen has helped some
of BC’s leading organizations build
their business, tell their stories, and
engage clients and customers.
karen@cookpublicrelations.com
www.cookpublicrelations.com
TABLE OF CONTENTS
75
TECHNOLOGY
Akash Sablok
I
f you didn’t get what you
wanted under the tree,
here are some great tech gifts
you can get for yourself.
Grovemade Walnut Desk Collection
You spend almost one third of your life
at your desk. Why not make it easy
on the eyes?
Grovemade is a collection of
handmade tech accessories that
include a keyboard tray, wrist pad,
mouse pad, and walnut monitor
stand. The products are designed
with ergonomic adjustments to provide
comfort to sore necks, backs, and
wrists. The company uses domestic
(USA) hardwoods and vegetabletanned leather.
Photo credit: Jaslyn Thorne
Tech Roundup to Start 2015
Crafted for laptops and standing
desks, Grovemade’s ergonomic
monitor stand elevates monitors by
4" to improve your posture. The glue
lamination process provides extra
strength so the stand can support
a monitor up to 200 lbs.
The company prides itself
on its unique designs and use of
sustainable materials. The products
are expensive—about double the cost
of machine-made plastic versions, but
these products are more about quality,
functional design, and style.
The products lean toward
complementing Apple products but, with
the exception of the keyboard tray, they
can be easily used with other brands.
www.grovemade.com
$79 and up
DropCam Pro
There are cameras all around us these
days, in our cars, our phones, and
even in appliances. Security and safety
are the main reasons we have lenses
pointing at us.
You can add one more camera
to the list—the Dropcam Pro,
a high-definition Internet-connected
video camera that’s perfect for an
office or home setting. It connects
wirelessly to a network and streams
video to the Dropcam online service,
then to your smartphone or any
browser wherever you are.
The Pro has a 130° field of view
with up to 8X digital zoom. Setup is
so easy, a child can do it. And that’s
exactly the procedure I followed.
I had my young boys install it. (Dad,
read the instructions.) You plug the
Dropcam into the included USB power
76
TABLE OF CONTENTS
The Society of Notaries Public of British Columbia
Volume 23 Number 4 Winter 2014
supply, connect the unit via Bluetooth
to your smartphone, and let the
software do the rest.
Total setup time: 9 minutes
You can view a live-stream of the
video for free or choose to subscribe
to Dropcam’s cloud recording that
provides you with 7 or 30 days worth
of video.
Before I go on a trip, I set
my Dropcam Pro to look out the
livingroom window at the yard.
It provides some comfort to be able
to see that no one has stolen the pink
flamingos from the lawn.
www.dropcam.com/dropcam-pro
$199
Roland TD-4KP
Portable Electronic Drum Set
Do you think AC/DC might be looking
for a new drummer? The only way
I could think of auditioning is to
practise a lot and grow big hair.
The only way my family would let me
practise drumming in the house would
be with an electronic drum set.
When you bang away on the
TD-4KP V-Drums Portable from
Roland—the leader in musical
instruments, the sound pumps
through a speaker or headphones.
The electronic pads take a beating
and output true drum sound.
They’re pressure- and locationsensitive so they know where you
have hit them and how hard.
The TD-4KP comes with a kick
pad, snare pad, three tom pads, a
hi-hat pad, and two 10" cymbal pads
(crash and ride). The 7½" drum pads
provide a sensitive, accurate response
and natural playing feel. An FD-8 HiHat Controller pedal is also included.
If you would like to travel with
your drum set—to give impromptu
rock concerts on top of a store on a
busy street, a la U2, this set features
a small footprint and an innovative
folding design for fast break-down and
transport/storage. I was able to fit the
entire unit, including the optional seat,
into the trunk of a compact car. Getting
big hair into the car is another matter.
Setup takes about an hour, with
easy-to-use instructions and all tools
included.
www.roland.com/products/en/TD-4KP/
$799
of the camera and place it directly into
the built-in reader for printing.
The unit has a small footprint,
44 x 45 x 20 cm, and weighs less
than 8 kg (17.6 lbs). Not exactly a
portable unit, but slim enough to fit
into almost any desktop scenario.
In an office setting, the 7640
can handle a 25-page scan through
its automatic document feeder and it
prints double-sided automatically.
HP ENVY 7640 AIO Printer
Faxes can be sent or received
from the feeder or through a computer,
using the 7640’s modem.
HP Canada’s latest line of ENVY
printers is out. The ENVY 7640
is in the mid-to-high range of inkjet
all-in-ones in the ENVY line.
At home or in the office, the unit
will print out stunning photographs
of almost any size up to 8.5" x 11".
Grandma will love it!
The focus with the updated
models is mobile connectivity,
meaning printing wirelessly from
smartphones and tablets, iOS,
and Android, while using new ink
technologies that are more efficient
and environmentally friendlier.
Guiding you through printing, faxing,
and scanning is a 3.5" touchscreen
display. Intuitive icons let you access
every function of the AIO unit.
The printer can charge two
cameras through its two USB ports or
you can pull the SD memory card out
The stated monthly printing
cycle is 1000 pages or less. There
is a two-cartridge system—black in
one and tri-colour in the other. Highquality documents and photos print
in black-and-white and colour—all for
the same low price. HP’s Instant Ink
program offers discounts up to 50%
on replacement ink. Or there’s Costco.
www8.hp.com/ca/en/products/printers/
product-detail.html?oid=6617271
$199 s
Vancouver Notary Akash Sablok
practises with his father Tarlok Sablok.
Akash writes regular technology
and automotive columns for several
publications across Canada and appears
as a guest technology reviewer on TV
programs including Omni Television
(BC), Shaw TV’s The Rush, and CTV’s
Morning Live.
akash@sablok.com
Volume 23 Number 4 Winter 2014
The Scrivener
TABLE OF CONTENTS
77
EVENTS & HONOURS
PEOPLE
BC Notary Susan Tong (right) recently
provided Travel Advice for Seniors
on OMNI’s Cantonese news broadcast.
Susan noted that in addition to having
a Will done before they leave home,
travellers should appoint an Attorney
to manage their financial and legal
affairs while they are away, and a
Representative to make decisions
on their health and personal care
in the event they are unable to make
those decisions themselves at some
point in their travels.
On December 1, 2014,
in the Sooke Council
Chambers, BC Notary
Shawna Farmer had
the honour of swearing
in the new Mayor
and Councillors for
the District of Sooke.
Shawna
Farmer
About 150 people were
present, including 7 former Councillors
and 2 former Mayors.
See the video at http://sooke.ca.granicus.com/
MediaPlayer.php?view_id=5&clip_id=415 (or
short form tinyurl.com/SFNPSooke).
Emilia Eugenia Luca
September 13, 1959,
to October 20, 2014
After a courageous
and long battle
with cancer,
Emilia passed
Emilia Luca
away at Surrey
Memorial Hospital
with her loving family by her
side. She is survived by her
husband Laurentiu and their
daughter Mimi. Emilia was
a BC Notary.
78
TABLE OF CONTENTS
Tazmeen Woodall
In 20 successful years, the REALTORS®
Care Blanket Drive is the longest
continual Blanket Drive in the Lower
Mainland! Thousands of caring
Realtors from Whistler to Hope
collect and donate new or gently
used blankets, sleeping bags, warm
clothing, scarves, gloves, mitts, hats,
and so on for homeless people.
Since 1995 they have helped more
than 250,000 people in need.
Tazmeen Woodall, Realtor with
RE/MAX Crest Realty North Vancouver,
and her North Shore colleagues
collected 406 bags of warm clothing
in 2014—up from 352 last year.
Well done, all! You have made
a difference!
Send your news
and a photo
to scrivener@society.
notaries.bc.ca.
The Society of Notaries Public of British Columbia
Where in the World
Has The Scrivener Been?
Lawyer and Notary Ron Usher
and The Scrivener at the Chartres
Cathedral, France
Volume 23 Number 4 Winter 2014
Full page
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