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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Ending an Employment Relationship With a Problem Employee
2011-05-11Labour / Employment Law
Municipal and regional district employees are often the public’s first and only personal point of contact with their local government. These interactions are important as they have an impact on the reputation and accountability of elected officials and local government staff. Like any employer, local governments are not legally required to tolerate a problem employee […]
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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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Consistency Between an Official Community Plan and Zoning Bylaw
2011-05-04Legal Updates
On April 18, 2011, the BC Supreme Court delivered its reasons for judgment in Residents and Ratepayers of Central Saanich Society v. Central Saanich (District). This decision builds on the existing case law that addresses the issue of consistency between official community plans (OCP) and zoning bylaws. Section 884(2) of the Local Government Act requires […]
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May 2011 – Bylaw Ban on Puppy Sales Upheld
2011-05-01Legal Updates
The Supreme Court of BC has upheld a City of Richmond bylaw that bans the sale of dogs and puppies from pet stores. In International Bio Research v. Richmond (City), 2011 BCSC 471, three pet stores challenged the validity of the bylaw on various grounds including that it was ultra vires, that it was unreasonable […]
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2011-04-12Legal Updates
The Supreme Court of Canada (the “SCC”) has confirmed that the federal government, by virtue of its constitutional jurisdiction over aeronautics, has the exclusive authority to regulate the location of aerodromes. Municipalities and provinces have no authority to do so.
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Reserve Land – Tenures Available to Local Governments – Part 2
2011-04-12Legal Updates
In the Summer 2010 issue of Logo Law, I reviewed the forms of tenure available to local governments on Indian reserve lands that are subject to the land management provisions of the Indian Act. The purpose of that article was to outline the tenure options for local governments that wish to locate or expand works […]
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E-Communication Privacy Considerations for Local Governments
2011-04-12Legal Updates
Use of E-communication Tools Local governments wishing to improve communications with their citizens have found technology to be a valuable tool. Information can be disseminated broadly at minimal cost. Email communications and websites can enable a local government to be more transparent. Recognizing these valuable benefits, local governments are beginning to use these tools, for […]
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March 2011 – Court of Appeal Reverses Trial Court in “Canada Line” Damages For Nuisance Case
2011-03-01Legal Updates
The BC Court of Appeal has reversed the trial judge’s decision, and has dismissed the plaintiff’s claim in nuisance arising out of the construction of the “Canada Line” Skytrain line in Susan Heyes Inc. (Hazel & Co.) v. South Coast BC Transportation Authority, 2011 BCCA 77 (”Heyes”). For a discussion of the trial decision, see […]
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