2011-05-20Legal Updates
On its face, section 49 of the Community Charter provides a powerful tool to municipalities and regional districts to seek humane destruction of vicious dogs in their jurisdictions. However, the Provincial Court of British Columbia has recently indicated that section 49 does not necessarily operate as a reliable tool to keep vicious dogs out of […]
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Tendering Law: Mandatory Means Mandatory
2011-05-20Legal Updates
A recent Supreme Court of British Columbia decision has confirmed that when a tender requires bidders to attend a mandatory site meeting, failure to attend will most likely render a bid non-compliant, and incapable of acceptance. In Admiral Roofing Ltd. v. The Board of Education of School District No. 57, 2010 BCSC 1394, the tender […]
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Public Meetings and the Duty to Make Documents Available
2011-05-12Legal 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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Park Dedication or Cash in Lieu – Whose choice is it?
2011-05-12Legal Updates
The Supreme Court of British Columbia has recently ruled that there is a relatively low threshold for determining whether a local government has the choice, under section 941(2) of the Local Government Act, of requiring dedication of park land, or payment of cash in lieu, at the time of subdivision. In Basin Construction Ltd. v. […]
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Allegation That Municipal Official Authorized Unlawful Use is No Defence to Zoning Bylaw Enforcement
2011-05-11Legal Updates
The British Columbia Supreme Court recently reconfirmed that local government enforcement of zoning bylaws cannot be curtailed in circumstances where unlawful use might have been authorized by a municipal official and was, at the very least, known to the municipality at the time the unlawful use commenced.
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Court of Appeal Creates a Stricter Standard for Bias In Remedial Action Case
2011-05-11Legal Updates
In McLaren v. Castlegar (City), 2011 BCCA 134, the British Columbia Court of Appeal has confirmed that a stricter standard for reasonable apprehension of bias exists when a municipal Council is engaged in an adjudicative function. The case involved a Council resolution under the remedial action sections of the Community Charter. After holding a hearing, […]
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Charter of Rights and Freedoms and the Use of Public Parks – The Battle Shifts to Alberta
2011-05-11Legal Updates
In the recent decision of the Alberta Court of Queens Bench, R. v. Pawlowski, 2011 ABQB 93, an Alberta Justice sitting on appeal of acquittals on a bylaw prosecution for operating an amplification system in a public park, dismissed an appeal of a conviction under two Calgary bylaws. The appeal Judge found that the bylaw […]
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Judge Orders Substantial Fines For First-Time Tree-Cutting Offender
2011-05-11Legal Updates
On April 27, 2011, the Honourable Judge Gould of the BC Provincial Court ordered a man who cut down ten trees without permits, to pay the full minimum fine under the City of Nanaimo’s Tree Protection Bylaw for each tree cut. This amounted to $9,000.00. The defendant had cut down trees on his own family’s […]
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Proactive Disclosure of Records
2011-05-11Legal Updates
Over the past several years Privacy Commissioners across Canada have been recommending that public bodies subject to Freedom of Information legislation, which includes local governments, adopt a system of proactive disclosure. The impetus behind the recommendation is to promote open government and, in part, the inability of some public bodies to meet the timelines required […]
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Land Title Office Institutes Mandatory Electronic Filing – What Local Governments Need to Know
2011-05-11Legal Updates
Electronic Filing – What Is It? How Does It Work? Since 2004, the B.C. Land Title and Survey Authority (the “LTSA”) has been implementing and refining the Electronic Filing System (“EFS”). As the name suggests, EFS provides the means for land title documents and survey plans to be filed in the Land Title Office electronically, […]
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