New Local Government Finance (COVID-19) Order
2020-05-20COVID-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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2020-05-14Legal 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
2020-05-06Legal 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
2020-05-05COVID-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 Ministerial Order No. 83/2020 (as referred to in our March 26, 2020 post) is repealed.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
2020-04-27Legal 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
2020-04-09COVID-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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Update re: Temporary Suspension of Limitation Periods in BC
2020-04-08COVID-19 Legal Updates
On April 8, 2020, the Minister of Public Safety and Solicitor General made Ministerial Order MO98 pursuant to the Emergency Program Act, titled the Limitation Periods (COVID-19) Order No. 2. This Ministerial Order replaces MO86 made on March 26, 2020. The new Ministerial Order continues to suspend all mandatory limitation periods and any other mandatory time periods […]
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Vavilov in Action: New Test and Framework for Standard of Review applied in Local Government Context
2020-04-08Legal Updates
As addressed in a previous post, in December 2019, the Supreme Court of Canada released its decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 [Vavilov] which introduced a new test for the determination of the applicable standard of review of administrative decisions and revised the framework for conducting reasonableness review.
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Protection Against Liability for Essential Service Providers
2020-04-03COVID-19 Legal Updates
On April 2, 2020, the Minister of Public Safety and Solicitor General made Ministerial Order M094 pursuant to the Emergency Program Act, RSBC 1996, c. 111, titled Protection Against Liability (COVID-19) Order. Order M094 will remain in effect until the declaration of a state of emergency expires or is cancelled, or if extended, until the […]
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2020-04-03COVID-19 Legal Updates
As we have previously noted on this page, on March 26, 2020 the Minister of Public Safety and Solicitor General issued Ministerial Order No. M082, which requires local authorities, to the greatest extent possible without unduly compromising any other bylaw enforcement objectives of the local authority, to ensure that their Bylaw Enforcement Officers provide assistance […]
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