Province Introduces Bill 43, Housing Supply Act – If You Don’t Build It, They Will Come
November 25, 2022Legal Updates
The BC government has introduced Bill 43 – 2022, the “Housing Supply Act” to the legislature, with the stated intention of providing “a framework for housing targets to be established for specified municipalities, and for the minister or Lieutenant Governor in Council to take certain actions if housing targets are not met.” The proposed legislation […]
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June 21, 2022Legal Updates
How should a council or board respond when one of its members has engaged in inappropriate or undesirable conduct? What sort of process is required? Controversial social media posts by the mayor, public fallout, and the disciplinary steps council attempted to take in response, are at the heart of the BC Supreme Court’s recent ruling […]
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New Building Act Regulations Shed Further Light on Legislative Scheme
September 20, 2016Legal Updates
This past June, the provincial government enacted the Building Act General Regulation, B.C. Reg. 131/2016 (the “Building Act Regulation”), providing some clarity with respect to two important elements of the new Building Act, S.B.C. 2015, c.2 (the “Building Act”).
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Court Clarifies Authority to Require Geotechnical Reports for Hazardous Lands
June 14, 2016Legal Updates
Section 56 of the Community Charter, which applies not only to municipalities, but also to regional districts by virtue of section 302 of the Local Government Act, has been given some helpful interpretation by a recent decision of the Supreme Court of British Columbia. In Compagna v. Nanaimo (City), 2016 BCSC 1045, the court concluded […]
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Coping with Community Mailboxes
September 23, 2015Legal Updates
The transition from home delivery to community mailboxes by Canada Post has been making headlines across the country. Many communities, and the local governments that represent them, have expressed opposition to the very concept of the end of home delivery service, and frustration with the manner in which Canada Post is going about the transition. […]
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Bill 29 Expands Tax Exemptions for Independent Schools
June 1, 2015Legal Updates
The BC Legislature has given first reading to Bill 29 – 2015, the Property Taxation (Exemptions) Statutes Amendment Act, 2015 (“Bill 29”). If it becomes law, Bill 29 will repeal and replace the language of subsection 220(1)(l) of the Community Charter, and subsection 15(1)(o) of the Taxation (Rural Area) Act. In its current form, the […]
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Court Approves TLC Restructuring
May 5, 2015Legal Updates
Financially troubled land conservation organization TLC The Land Conservancy of British Columbia (“TLC”) recently took a significant step forward in its restructuring efforts under the provisions of the Companies’ Creditors Arrangement Act (the “CCAA”). With the overwhelming support of its creditors, both secured and unsecured, TLC brought forward for approval of the British Columbia Supreme […]
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My Way or the Highway? Two New Cases on Section 42 Roads
January 8, 2014Legal Updates
Take a drive around any municipality in British Columbia, and in all likelihood you will come across at least one stretch of highway that has never been formally dedicated, whether by subdivision plan, notice in the BC Gazette, or otherwise – but you may not realize it. From behind the windshield, all roads look more […]
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The Shifting Tides of Constitutional Law in British Columbia
October 1, 2013Legal Updates
The recent decision of the B.C. Supreme Court in West Kelowna (District) v. Newcombe, 2013 BCSC 1411 (“West Kelowna”), in which the court has upheld a zoning bylaw provision regulating the moorage of boats on Okanagan Lake, provides an occasion to look at the ebb and flow of constitutional law in British Columbia, particularly as […]
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Definitely Maybe: Unlawful Reservation of Discretion in Bylaws
June 12, 2013Legal Updates
Drafting bylaws that are effective and enforceable, while trying to maintain some degree of flexibility to deal with changing circumstances, is a challenging task. It is perhaps an understatement to say that elected officials and the public hold a variety views about what sort of regulation is desirable in their communities, and how much. In […]
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