Bill 3 Brings Changes to Building Regulation
2015-03-09Legal Updates
The BC Legislature has introduced Bill 3 – 2015, the Building Act (“Bill 3”), and has given it first reading. Bill 3 will effect a number of changes to building regulation in the province. The overarching purpose of the legislation, according the Province’s media release, is to promote consistency in the regulation of building throughout […]
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City of Campbell River Successful Against Challenge to its Tax Rates Bylaw
2015-01-28Legal Updates
In a B.C. Supreme Court decision released on January 23, 2015 (2015 BCSC 102), the authority of the City of Campbell River to set different tax rates within the same property class was upheld, and is a decision of importance to local government throughout British Columbia.
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2014-11-17Legal Updates
In the recent BC Supreme Court decision Orchiston v. Formosa, 2014 BCSC 1080, the BC Supreme Court has ruled on the interpretation to be given to section 191 of the Community Charter and, in particular, has considered defences available to local government elected officials who may be found to have authorized the expenditure of money […]
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New Anti-Spam Legislation in Force July 1, 2014
2014-06-23Legal Updates
Key provisions of the government of Canada’s new legislation: An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic […]
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Court Casts Doubt on Right of Way Clauses
2014-05-08Legal Updates
The B.C Supreme Court recently released its judgment in the case of Atco Lumber Ltd. v. Kootenay Boundary (Regional District), 2014 BCSC 524, and the Court’s decision should prompt every local government in the province to examine its standard statutory right of way documents.
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When Is An Aerodrome Not An Aerodrome?
2014-05-05Legal Updates
A recent decision of the Ontario Superior Court of Justice, Seguin (Municipality) v. Bak, 2013 ONSC 5788, represents both a win for local government, and a sound application of common sense by the court. The municipality sought an injunction requiring a landowner to demolish a structure built at and over the edge of a lake. […]
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A Blues-Singing Busker Gets No Satisfaction From The B.C. Supreme Court
2014-05-05Legal Updates
In Regehr v. North Vancouver (City), 2014 BCSC 513, the Supreme Court of British Columbia considered a constitutional challenge to bylaw notices issued to a blues-singing busker for contraventions of the City of North Vancouver’s noise bylaw. The Petitioner, Megan Regehr, is a singer known as “Babe Coal” who performs in a North Vancouver civic […]
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Local Elections Campaign Financing Act
2014-05-05Legal Updates
The Local Elections Campaign Financing Act has been introduced in the Legislature. When it receives Royal Assent, the Act will impact the manner in which candidates record and report their election expenses. It will also create new reporting requirements for sponsors of election advertising, and give increased powers to BC Elections to monitor and enforce […]
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2014-05-05Legal Updates
Two recent decisions of the BC Supreme Court have raised questions about the purpose and effect of regional growth strategies and the extent to which they actually will serve as a legally enforceable framework for regional planning goals in the face of municipal decision-making.
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Bill 17 – Land Use Contracts (The Final Chapter)
2014-05-05Legal Updates
The statutory authority for land use contracts (as previously authorized under section 702A of the Municipal Act, RSBC 1960, c.255) was repealed by the Municipal Amendment Act, 1977. However, many land use contracts entered into before the repeal of section 702A continue in force, subject to the authority of a local government to amend or […]
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