The Scrivener

80 Pages·2014·10.44 MB·English

Winter 2014 Volume 23 • Number 4
Published Quarterly by The Society of Notaries Public of British Columbia
CoVer Story:
INSIDE: British Columbia
east Vancouver Notary Frank Spartano
Publications Mail Agreement: 40010827
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Property
Owner’s
Checklist
Have you received your 2015
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If not received in your mail by
January 18, call toll-free
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1-866-valueBC (1-866-825-8322)
If so, review it carefully
Visit www.bcassessment. ca to compare
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free, newly enhanced e-valueBC™ service
Questions? Contact BC Assessment
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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 24
Published by The socieTy of NoT aries Public of bc
Patrick Kelly
Sooke: The Middle of Everything 26
COVER STORY Shawna Farmer
Frank Spartano Craft Beers in BC: Exciting Times 28
La famiglia m Filip de Sagher
hy.co Growth of BC’s VQA Wineries Slackens 30
e’ tutto! 39 p
original reCipes photogra Tim Pringle, Lee Cartier
n Welcome to the Okanagan Valley! 33
Traditional Italian ma
Comfort Food! 44 wild Nick Aubin
w.
ww British Columbia: Vive la Différence! 34
Rhonda Latreille
Farming is the Family Tradition 35
FeAtUreS: BrItISH CoLUMBIA Rhonda Driediger
British Columbia’s Own Seniors Games! 36
tHe president of tHe soCietY
Marco Castro
Beautiful British Columbia! 6
Akash Sablok New App Technology Developed in BC 38
Richard Nasr
tHe Ceo/seCretarY of tHe soCietY
Working with International Documents
in British Columbia 7
Wayne Braid
KeYnote
Splendor Sine Occasu 8
The Scrivener: What’s in a Name? 5
Val Wilson
The Wild Side of British Columbia 10 Services a BC Notary Can Provide 43
Tom Saare Master of arts
in applied legal studies prograM
You Can Help Preserve BC’s History 12
als 611 and als 612
Ron Hyde Mastering Real Estate Transactions 46
Balanced on the Edge of Change: Richard Olson
Port Alberni, British Columbia 14 Reflections on My Academic Experience 47
Nigel Atkin Rocco Le
Cranbrook Rules! 15 Meet the Board of Directors 48
Suzanne Ormiston Jessie Vaid
Land, Lots of Land 16 WHere are tHeY noW?
Joyce Grandison, Still Making Memories 50
Rudy Nielsen
A Bit of Notarial History 51
Surveying:
Alan B. Campbell
The Foundation of British Columbia 18
Chuck Salmon
Powell River, BC’s Best-Kept Secret 20
Marilyn MacDonald
Gulf Island Contentment 21
Paul Harrison
Prince George . . .
Building Better Communities, one grant at a time
Beautiful, Affordable, and Fun! 22
Jaron Manning The Board of Governors 52
the Society of Notaries Public of British Columbia Volume 23 Number 4 Winter 2014
4
The MiX
BuSINESS TO BuSINESS 37, 53
appraisals
Social Housing and the Value of an Expert 54
Dallas Alderson, Nathalie Roy-Patenaude Published by
The Society of Notaries Public
soCial enterprise
Vancouver Native Housing Society of British Columbia
Social Housing: A New Sustainable Funding Model 56
David Eddy
Editor-in-Chief Val Wilson
eCologiCal gifts prograM
Legal Editors Wayne Braid, Ken Sherk
The Role of Professional Advisors
Administration Amber rooke
in Conserving Ecologically Sensitive Land 58
David Cunnington, Elizabeth Jordan, Colby Knox Courier Lightspeed Courier & Logistics
Photography gary Wildman
real estate foundation
The 2014 Land Awards 60
Jack Wong The Scrivener
LAND CHAMPION 61 email: [email protected]
Website: www.notaries.bc.ca/scrivener
LETTERS 61
seniors
Legal Issues in Residential Care 62 the Society of Notaries Public of BC
Martha Jane Lewis 604 681-4516
taXes
What’s New for the Tax Year 2014 64 To send photographs
Andrea Agnoloni to The Scrivener, please see the
Editor’s 67 Editor's column on page 67.
traVel
“West Icelanders” Discovering Ancestors 68 All rights reserved. Contents may not be
Marg and Bob Rankin reprinted or reproduced without written
permission from the publisher.
BC Notaries Speak Your Language 70
This journal is a forum for discussion,
Wills and estates
Black Sheep and Scapegoats not a medium of official pronouncement.
in Dysfunctional Families 72 The Society does not, in any sense, endorse
Trevor Todd or accept responsibility for opinions
expressed by contributors.
CoMMuniCating
Know Your Audience: Adapt for Success 75
Mark Smiciklas, Karen Cook
teCHnologY
Tech Roundup to Start 2015 76
Akash Sablok
eVents & Honours
PEOPLE 78 CANAdA PoSt: PUBLICAtIoNS MAIL
Where in the World Has The Scrivener Been? 78 AgreeMeNt No. 40010827
Postage Paid at Vancouver, BC
retUrN UNdeLIVerABLe CANAdIAN
The Scrivener: What’s in a Name?
AddreSSeS to CIrCULAtIoN dePt.:
“A professional penman, a copyist, a scribe . . . a Notary.” Thus the Oxford
THE SOCIETY OF NOTARIES
English Dictionary describes a Scrivener, the craftsman charged with ensuring
PuBLIC OF BC
that the written affairs of others flow smoothly, seamlessly, and accurately. Where
SuITE 700 – 625 HOWE STREET
a Scrivener must record the files accurately, it’s the Notary whose Seal is bond.
BOx 44
We chose The Scrivener as the name of our magazine to celebrate the Notary’s
VANCOuVER, BC V6C 2T6
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 [email protected]
enjoyment of our members, our allied professionals in business, and the public.
Volume 23 Number 4 Winter 2014 The Scrivener
5
The PReSIDeNT
Of The SOCI eTY
Akash Sablok
Beautiful British Columbia!
ne
or
h
T
n
dit: Jasly
oto cre
h
P
BC reigns. It also rains. My parents emigrated from the Those words are true to this day.
State of Punjab, India, directly to the When I travel now, I enjoy the best
they say that in BC,
Lower Mainland, where our family has of what my destination has to offer—
you don’t tan, you rust! lived since. They saw an opportunity never comparing it to home here in BC.
here that was not available to them
Our province has elements
We are fortunate to live in a in India at that time. They wanted their
that are simply beyond compare.
province rich in human resources, children to experience life on both
We have amazing beaches, world-
natural resources, and spectacular sides of the world—and we have.
class ski resorts, year-round sports
scenery, thanks in part to all the rain!
Before our first visit back to India, activities, yummy restaurants—more
BC is home to a large mix of some 5 years after moving here, my sushi outlets per capita than Japan,
ethnic groups. People travel from father Tarlok told us, “Do not go to approximately 40,000 islands, and
across the country and across the India expecting Canada. Enjoy India the longest frost-free period in Canada.
globe to live here. BC residents for what it is.” Take that, Ontario!
speak English, Cantonese, Mandarin,
Punjabi, German, Tagalog, French, We are large in land mass—about
Korean, Spanish, Farsi, and many Visitors quickly understand four times the size of Great Britain and
more languages. why we love our province, larger than any US state, except Alaska.
And we like to huddle together. The
In May 1986, the World the people, the food,
majority of our population resides in the
Exposition—also known as Expo ’86, the environment, lower half of the province. Those who
came to BC. We were put on the
and yes . . . live in the upper half experience BC’s
international map as an innovative and
super-natural beauty as soon as they
friendly place to visit. For many, those even the rain!
step out their front door.
visits turned into moves to our province.
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
ner choose this morning—right or left?”
eis
M
A_ Our vehicle licence plates
_
h
net have “Beautiful British Columbia”
n
Ke impressed on each one. Visitors
m/
o quickly understand why we love our
oto.c province, the people, the food, the
h
p
ck environment, and yes . . . even the
©iSto rain! s
The Society of Notaries Public of British Columbia Volume 23 Number 4 Winter 2014
6 TABLE OF CONTENTS
The CeO/
SeCReTaRY
Of The SOCI eTY
Wayne Braid
Working with International
m
o
hy.c
p
documents in British Columbia otogra
h
p
matis
n
w.stefa
w
w
over the years other than the one that issued it,
People who immigrated often it needs to be signed by the
in our Scrivener,
to Canada…will someday family members living here and their
we have highlighted, signatures must be authenticated.
need to deal with those
photographed, and discussed The traditional method for
properties or assets
authenticating public documents
various cultures in our or the property or assets to be used abroad is called
wonderful province and of a family member legalization, which consists of a chain
of authentications of the document.
pointed out that BC Notaries who remained in the
The legalization process involves officials
represent many countries country of origin. of the county where the document
originated as well as the Consulate
around the world.
or other representative of the country
a BC Notary to have the Notary sign
where the document is to be used.
People who immigrated to and execute documents from the
Canada, leaving family and property client’s home country so they can be The Hague Convention
and other assets behind, will someday used internationally. That can be a A significant number of countries from
need to deal with those properties or complicated and cumbersome process. around the world are joined in a treaty
assets or the property or assets of a that simplifies the process I have
Before a public document—
family member who remained in the described. The Hague Convention
for example a birth certificate,
country of origin. of October 5, 1961, is the treaty
university/college transcript, Will,
that abolishes the requirement
A family member/client living probate document, power of
of Legalization for Foreign Public
here will often visit the office of attorney—can be used in a country
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.
The Challenge
Canada is not a signatory to the
nspiration HaguMea Cnyo npveeonptlieon g oo ft o1 9a6 B1C! Notary’s
CGi office looking for an Apostille because
m/
o the country where the documents
oto.c originated has asked for one—without
h
p
ck realizing that Canada is not a signatory
©iSto to the treaty.
Volume 23 Number 4 Winter 2014 The Scrivener
TABLE OF CONTENTS 7
The Solution KeYNOTe
Your BC Notary can assist you.
After the Notary executes the
documents in the normal manner Val Wilson
with the clients, the documents are Editor-in-Chief
sent to the office of The Society of m
Notaries Public where we include hy.co
aw hcoe rstiigfinceadte tshtea tdinogc utmhaetn tth ies N“iont agroyo d Splendor hotograp
p
n
standing” and had the authority to Sine Occasu dma
sign the documents and apply his or wil
w.
her Seal of Office to them. w
w
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 Putting this issue Part 1: Fall 2002 Vol. 11, No. 3
authority to provide the “in good together was fun. Part 2: Fall 2003 Vol. 12, No. 3
standing” document.
Part 3: Winter 2003 Vol. 12, No. 4
With British Columbia as our
Following that process, the Part 4: Winter 2004 Vol. 13, No. 4
theme, the editorial possibilities
local Consulate of the originating
were endless—education, the law, Part 4A: Spring 2005 Vol. 14, No. 1
country will need to authenticate the
multiculturalism, mountain rescue
documents, as well. Part 5: Winter 2006 Vol. 15, No. 4
services, people who rescue animals,
Part 6: Summer 2007 Vol. 16, No. 2
To assist the transaction, arts and crafts, music, boating, hiking,
a BC Notary will also provide a undersea adventures, and much more. Part 7:1 Fall 2007 Vol. 16, No. 3
certificate known as a Form 10— Those stories may come along in Part 7:2 Winter 2007 Vol. 16, No. 4
Certificate of International Identity. future. The articles we did choose for
Part 7:3 Spring 2008 Vol. 17, No. 1
Basically a replacement for an you showcase some of the diversity
Apostille, the Form 10 provides and the beauty of our province. Part 8: Spring 2009 Vol. 18, No. 1
assurance to the receiving party We are very proud of the fine Part 9: Fall 2009 Vol. 18, No. 3
in the foreign country that the Notary articles about The History of British Part 10: Summer 2010 Vol. 19, No. 2
Columbia that Bob Reid, UBC
• h as properly identified the Part 11: Spring 2011 Vol. 20, No. 1
Professor Emeritus, wrote exclusively
person(s) in British Columbia,
for The Scrivener, from 2002 to 2012. Part 12: Fall 2011 Vol. 20, No. 3
• i s able to carry out the above To create this excellent Part 13: Winter 2012 Vol. 21, No. 4
Notarial Act, and series, Bob thoroughly
researched his subject, The Latin motto of British
• h as a Court appointment then expressed his Columbia is Splendor sine occasu—
as a Notary in BC. knowledge in his usual Splendour without Diminishment.
entertaining style. www. The gorgeous images that follow
We have been using the Form 10
notaries.bc.ca/scrivener. certainly confirm the adage. Big thanks
as a Replacement for the Apostille for
Bob Reid Go to Archives. to all our writers in this issue! s
over 30 years. It is accepted by most
countries around the world.
Most if not all the Consulates here BC in 6 Seconds
in Vancouver accept and use the Form
10 and understand that Canada is • T he City of Victoria is named after Her Majesty Queen Victoria.
not a party to the Hague Convention. • T he Queen created the Colony of British Columbia in 1858.
Often, they have to explain to the
• B C became the 6th province of Canada
Consulate in their home country— in 1871. orton
or to the client who has received the N
documents and needs them signed • T he population of BC is under 5 million Emily
and returned—that they will not be people (rounding up). om/
able to get the Apostille they seek but • A bout half live in the Greater Vancouver area. oto.c
h
p
tthharotu tghhe rteh eis oafnfi caec coef pat aBbCle N aolttearrnya. t isve • B C’s economy is largely resource-based. ©iStock
The Society of Notaries Public of British Columbia Volume 23 Number 4 Winter 2014
8 TABLE OF CONTENTS
Introducing the
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program designed to provide real estate practitioners with the necessary expertise required to complete a
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The RFPP program comprises two courses:
Find out more and apply to the program now:
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realestate.ubc.ca/RFPP
A comprehensive overview of the underlying theory,
principles, and techniques required for preparing reserve tel: [phone]
fund studies and depreciation reports. email: [email protected]
CPD 899: Reserve Fund Planning Guided Case Study
Guides the student through the process of completing a
comprehensive reserve fund study report.
BRITISh
COLUMBIa
Tom Saare
Wild Side
the of British Columbia
Grizzly Bear Photo credits: Tom Saare
As residents of British to 488 species of birds, 468 species The Harrison Bay area in the
of fish, 22 species of amphibians, Fraser Valley or Brackendale near
Columbia, we live in
and 18 species of reptiles. Squamish are ideal locations to
one of the most amazing see Bald Eagles, particularly from
early November to January. Mid-
places in the world. As a result of the diverse
October to December, the Reifel Bird
landscapes, we are fortunate Sanctuary near Ladner offers the
We are blessed with an abundance
chance to see thousands of Snow
of clean air, fresh water, and to have an incredible array
Geese. During their long migration,
spectacular natural landscapes. of fish, wildlife, and plant
Brant Geese rest along the shores
British Columbia is Canada’s species. of Parksville and Qualicum in March
third-largest province. At just over and April.
940,000 square kilometres, it is
BC boasts approximately 10,000
No matter where you live in
comprised of towering mountains,
Grizzly Bears and 120,000 Black
dense forests, crystal clear lakes and the province, there are a vast
Bears. We have
rivers, rich wetlands, rolling grasslands, opportunities to get out and
a very rare
an extensive marine coastline, and experience the landscapes and
population of
even our own “pocket desert.” wildlife of BC. During the Fall and 6
ne Black Bears that
As a result of the diverse early Winter, large numbers of dsto are lighter in
salmon return to their native streams m/
landscapes, we are fortunate to o colour. Kermode
have an incredible array of fish, to spawn. Autumn is an ideal time oto.c or “Spirit” Bears
h
wildlife, and plant species. In fact, to visit the Adams River near Chase ckp are extremely
BC has more species of mammals to view spectacular runs of bright ©iSto elusive. They
than any other Canadian province crimson Sockeye Salmon or a take a live on the central coast particularly
or territory. Of our 137 species of walk along the Alouette River in Maple on Princess Royal Island, and in
mammals, 24 are found only in British Ridge to see Chum Salmon swimming the north coast region, including
Columbia. The province is also home upstream to spawn. Terrace. If viewing Grizzly Bears
The Society of Notaries Public of British Columbia Volume 23 Number 4 Winter 2014
10 TABLE OF CONTENTS