Legal Implications for Homelessness During COVID-19
2020-03-24COVID-19 Legal Updates
The circumstances surrounding the COVID-19 pandemic may give rise to new challenges pertaining to homeless populations within the jurisdictions of local governments. Although decisions of British Columbia Supreme Court over the last two years have clarified and confirmed that responsibility for homelessness lies with the Province and not with local governments, it is recognized for […]
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COVID-19 and Bylaw Enforcement
2020-03-22COVID-19 Legal Updates
Notwithstanding the gravity of the crisis which British Columbia and the rest of the world is facing, local governments may find themselves dealing with businesses that choose to ignore the clear directions provided by Provincial public health officials. While it is expected that Provincial authorities will take the lead on enforcing public health orders, local […]
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Declaration of Public Health Emergency
2020-03-19COVID-19 Legal Updates
The Provincial Health Officer declared a public health emergency on March 17, 2020. The Declaration is authorized under Part 5 – Emergency Powers of the Public Health Act. Local governments should be aware that during an emergency Part 5 of the Public Health Act applies despite any provision of the Public Health Act or any […]
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Role of Local Government under the Public Health Act
2020-03-19COVID-19 Legal Updates
Local Governments should be aware that under section 83 of the Public Health Act a local government is required to take certain steps when it becomes aware of a health hazard in its jurisdiction including reporting a health hazard to a health officer or taking an action that the local government has authority to take […]
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2020-03-19COVID-19 Legal Updates
The Reporting Information Affecting Public Health Regulation, B.C. Reg. 167/2018 requires at section 4 that any person in charge of an institution or workplace who has been advised by a Medical Health Officer that a person who is or has been present at the institution or workplace is an infected person must, if requested by […]
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Electronic Meetings and COVID 19
2020-03-17COVID-19 Legal Updates
As we learn more about the potential impacts of COVID 19, you may be thinking ahead and considering what would happen if a number of elected officials were unable to attend a local government council or board meeting because of illness or self-isolation. Many local governments will have included in their Procedure Bylaws provisions in […]
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Provincial Health Officer Issues Order Prohibiting Gatherings of More than 50 People
2020-03-17COVID-19 Legal Updates
Due to the risk of an outbreak of COVID 19, the Provincial Health Officer has issued an order under the Public Health Act. The order expressly applies to municipalities and regional districts, as well as other persons and organizations. Persons and organizations subject to the order are prohibited from permitting the gathering of more than […]
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COVID-19 and Contractual Responsibilities
2020-03-16COVID-19 Legal Updates
COVID-19 is creating multiple and unprecedented issues for British Columbians, including local governments. The number, type, and severity of issues will likely increase in the coming days and weeks. One potential issue that may arise is the effect of a contractor or a local government being unable to perform their obligations under a contract, either […]
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Always Doesn’t Mean Forever: Reasonableness Reigns Supreme in Vavilov
2020-01-31Legal Updates
Twenty years ago, the Supreme Court of Canada declared in the case of Nanaimo (City) v. Rascal Trucking Ltd.1, that the question of whether a local government was acting within the scope of its authority should be determined on the standard of correctness. Subsequently, the Supreme Court of Canada affirmed that such a question “will […]
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Andrew Buckley Joins Stewart McDannold Stuart
2020-01-31Announcements
We are pleased to announce that Andrew Buckley has joined Stewart McDannold Stuart as an associate. Andrew is a knowledgeable civil litigator with experience in all levels of court, as well as municipal, environmental and insurance law. Andrew will be working with our litigation group, providing services to our local government clients.
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