Employment Standards Act Temporary COVID-19 Layoff Provision Extended
June 26, 2020COVID-19 Legal Updates
In the context of the novel coronavirus, employers in British Columbia, including local governments, have been increasingly faced with difficult decisions relating to contracts of employment. Employers are contending with the need to balance their obligations towards employees with the practical and financial realities of maintaining operations. In the present circumstances, employers are therefore increasingly […]
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New Local Government Meetings and Bylaw Process Order (MO192)
June 19, 2020COVID-19 Legal Updates
On June 17, the Minister of Public Safety and Solicitor General issued a new order under the Emergency Program Act relating to local government meetings and timing requirements for bylaw passage, with the intent of moving local governments toward more normal operations. Ministerial Order 192 (which can be found here) repeals and replaces MO139. While […]
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WorkSafeBC requires all employers to develop a COVID-19 Safety Plan
June 4, 2020COVID-19 Legal Updates
Worker safety has been at the forefront of the operational concerns raised by employers in the context of the COVID-19 pandemic. As the province implements its Return Plan and workplaces, including local governments, cautiously reopen their doors, there is an urgent public health interest in preventing the spread of coronavirus. To this end, WorkSafeBC has […]
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May 20, 2020Legal Updates
The BC Supreme Court recently dismissed an action brought against the Regional District of Okanagan-Similkameen (the “RDOS”) by a land owner and developer seeking lost profits and other damages relating to the alleged frustration of his attempts to move forward with a planned large-scale development. Jeff Locke and Josh Krusell of Stewart McDannold Stuart successfully […]
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New Local Government Finance (COVID-19) Order
May 20, 2020COVID-19 Legal Updates
On May 15, the Minister of Public Safety and Solicitor General issued a new order under the Emergency Program Act that relates to local government financial matters affected by COVID-19. Borrowing from Reserve Funds The order states that municipalities, regional districts, improvement districts, and other specified bodies may, during the 2020 calendar year, borrow from […]
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May 14, 2020Legal Updates
The B.C. Supreme Court recently dismissed a judicial review petition challenging the validity of a Town of Gibsons zoning bylaw amendment on grounds that it conflicted with the Official Community Plan (OCP) by allowing for a new high-density residential development in Gibsons.
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Court of Appeal weighs in on Application of Vavilov to Local Governments
May 6, 2020Legal Updates
Last year, the Supreme Court of Canada in the decision of Canada (Minister of Immigration) v Vavilov, 2019 SCC 65 (“Vavilov”), revised the test for determining the applicable standard of review in judicial review decisions. Following Vavilov, the default standard of review is reasonableness, subject to a few very specific exceptions. For a more detailed […]
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New Local Government Meetings and Bylaw Process (COVID-19) Order
May 5, 2020COVID-19 Legal Updates
On May 1, 2020 the Minister of Public Safety and Solicitor General issued the Local Government Meetings and Bylaw Process (COVID-19) Order No. 2. Ministerial Order No. 83/2020 (as referred to in our March 26, 2020 post) is repealed. The new Order continues and expands upon the provisions of Ministerial Order 83/2020, by providing that […]
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Court Approval of Waiver of Liability Clauses Contained in Section 219 Covenants
April 27, 2020Legal Updates
Recently, in Nelson v British Columbia (Environment), 2020 BCSC 479 (“Nelson”), the BC Supreme Court examined and ultimately approved a broad exclusion of liability clause contained in a restrictive covenant registered on title to property pursuant to section 219 of the Land Title Act, RSBC 1996, c. 250 (the “LTA”). Under the LTA, an Approving […]
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Changing Property Tax Due Dates and Penalties in Response to the COVID-19 Pandemic
April 9, 2020COVID-19 Legal Updates
Under section 234 of the Community Charter, July 2 is the date on which property taxes for a year are due under the general tax collection scheme. The Municipal Tax Regulation provides that if all or part of the property taxes payable under the general tax collection scheme remain unpaid after July 2, the collector […]
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