No “Grandfathering” Out of Requirement for Development Permit
2016-11-10Legal Updates
In a recent decision, the BC Supreme Court confirmed that on-going development projects commenced before the enactment of an Official Community Plan are not exempt from the requirements of that OCP, nor will they be protected by the “legal non-conforming” provisions of the Local Government Act. The case of Columbia Shuswap (Regional District) v Darnell, […]
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2016-10-19Legal Updates
Local governments that are involved in or have incorporated societies should be aware that the new Societies Act, SBC 2015, c. 18 comes into force on November 28, 2016. The new Act modernizes how societies are established and governed, bringing them more closely into line with for-profit business corporations.
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The Annual Tax Sale Approaches!
2016-09-20Legal Updates
In September 2015 we posted a summary of the tax sale provisions of the Local Government Act. Because of the coming into force of the revised Local Government Act earlier this year, we are reproducing that article in full, with the section references updated to the Local Government Act, S.B.C. 2015, c. 1. The tax […]
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New Building Act Regulations Shed Further Light on Legislative Scheme
2016-09-20Legal 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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BC Supreme Court Puts the Kibosh on Marihuana Dispensary
2016-09-19Legal Updates
Although the federal government is studying the legalization of marihuana, with the announced intention of introducing legislation sometime in 2017, the sale of cannabis products outside of the framework provided through the Access to Cannabis for Medical Purposes Regulations remains illegal under Canada’s Controlled Drugs and Substances Act. Even so, storefront cannabis dispensaries continue to […]
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The Federal Government Announces the Replacement of the Marihuana for Medical Purposes Regulations
2016-09-19Legal 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On August 24, 2016, the federal government repealed the Marihuana for Medical Purposes Regulations (MMPR) and replaced them with a new set of regulations entitled the “Access to Cannabis for Medical Purposes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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Failure to Give Notice Results in Dismissal of Claim
2016-09-19Legal Updates
In the recent case of Kazemi v. North Vancouver (City), 2016 BCSC 1240, the BC Supreme Courrt dismissed a personal injury claim against the municipality as a result of the plaintiff’s failure to give notice within the two-month period required under the Local Government Act.
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Court Orders End to Homeless Encampment
2016-07-13Legal Updates
On July 5, 2016, the Honourable Chief Justice Hinkson released his decision in British Columbia v. Adamson, 2016 BCSC 1245, following a renewed application by the Province for an interim injunction to end the “Tent City” encampment beside the Victoria Courthouse. Chief Justice Hinkson found in favour of the Province, ordering the dismantling of the […]
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2016-06-22Legal Updates
The Supreme Court of Canada’s most recent decision on the division of federal and provincial powers helps clarify the extent to which local governments can control the locations of cell phone antennas and other radiocommunication infrastructure within their borders. In Rogers Communications Inc. v Châteauguay (City), 2016 SCC 23 (“Rogers”), the Court found that, because […]
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Court Clarifies Authority to Require Geotechnical Reports for Hazardous Lands
2016-06-14Legal 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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