The Federal Government Announces the Replacement of the Marihuana for Medical Purposes Regulations
September 19, 2016Legal Updates
On August 24, 2016, the federal government repealed the Marihuana for Medical Purposes Regulations (MMPR) and replaced them with a new set of regulations entitled the “Access to Cannabis for Medical Purposes Regulations” (ACMPR). The MMPR allowed for the issuance of federal licences permitting the commercial production and distribution of marihuana for medical purposes. It […]
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Bill 27 – A New Liquor Control and Licensing Act
April 10, 2015Legal Updates
The ongoing changes to British Columbia’s liquor laws are continuing with the introduction in the Legislature of Bill 27 – the “Liquor Control and Licensing Act” – which if passed will replace the current statute of the same name.
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January 8, 2014Legal Updates
The recent BC Supreme Court decision Society of Fort Langley Residents for Sustainable Development v. Langley (Township), 2013 BCSC 2273 (“Langley”), addresses the issue of how the word “density” is to be interpreted in the land use provisions of the Local Government Act.
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“Regulating” and “Prohibiting” – What’s the Difference?
October 1, 2013Legal Updates
There are many legal issues that local governments have had to wrestle with in the 25 years since this firm was established. One issue that continues to arise is the difference between the power to prohibit and the power to regulate. A recent decision of the British Columbia Court of Appeal illustrates the difficulties that […]
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Freedom of Information and Protection of Privacy – Two Recent Decisions
June 12, 2013Legal Updates
Two recent decisions from the Office of the Information & Privacy Commissioner (“OIPC”) are of interest to local government. Once concerns a request for access to information that was considered at a closed council meeting, and was subject to solicitor client privilege. The second decision concerns a request for information about a contract awarded by […]
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Supreme Court of Canada Clarifies Law of Injurious Affection
March 22, 2013Legal Updates
In its recent decision in Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13, the Supreme Court of Canada has clarified the legal test for determining whether a property owner is entitled to damages for injurious affection resulting from construction of a public project. The Court has ruled that the mere fact a public […]
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Deadline for Notice of Tax Sale Approaching
December 10, 2012Legal Updates
The deadline for providing notice to owners of properties purchased at this year’s tax sale is fast approaching. Tax sales occur on the last Monday of September. The Local Government Act requires that the collector give written notice of the tax sale and of the redemption period to persons registered in the land title office […]
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Stop the Clocks: The New Limitation Act and Its Effect on Local Governments
September 25, 2012Legal Updates
The new Limitation Act (the “New Act”) will affect many types of claims typically faced by local governments. The biggest changes in the New Act are a shift to a basic limitation period of 2 years for most claims and a reduction in the ultimate limitation period from 30 to 15 years. Before describing the […]
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Bill 25 Gives Regional Districts Procedural Protection Enjoyed by Municipalities
May 16, 2012Legal Updates
By passing Bill 25 – “Miscellaneous Statutes Amendment Act, 2012”, the Legislature will put regional districts on par with municipalities in several important procedural areas. The Bill has had third reading and the changes it makes to the Local Government Act (“LGA”) will come into force when the Bill receives Royal Assent. The Bill creates […]
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Public Meetings and the Duty to Make Documents Available
May 12, 2011Legal Updates
A recent BC Supreme Court decision provides guidance on the documents municipalities must make available to the public before holding a public meeting prior to adopting a zoning bylaw. In Vancouver Island Community Forest Action Network v. Langford (City), 2010 BCSC 1357, the Vancouver Island Community Forest Action Network (“VICFAN”) petitioned for an order quashing […]
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