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, 2016 BCSC 1674 (“Darnell”) concerns the developer of a lakefront property. In 2005, the developer undertook a project to restore a field on the property, which entailed placing large amounts of fill within 30 meters of the lake. (more…)
Colin Stewart and Madelaine Campbell will be presenting “Council Codes of Conduct – The Ethical Issues / Legal Update” at this year’s LGMA Vancouver Island Chapter annual conference. This year, the conference will be hosted by Campbell River and held at the Campbell River Maritime Heritage Centre. Colin and Madelaine will present on November 17th at 3:45 pm, and they look forward to seeing you there!
Michael Hargraves and Ryan Bortolin will be giving two presentations at the Building Officials Association of BC conference in Richmond, BC, on November 17, 2016. The topics of the presentations are “Legal Cases Involving Building Permits and Inspections” and “Regulation of Marihuana Dispensaries”.
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. (more…)
On October 27, Peter Johnson will be presenting a session on Signing Authority at the LGMA Clerks and Corporate Officers Forum, which is being held this year in Parksville.
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, R.S.B.C. 2015, c. 1.
The tax sale provisions of Part 16, Division 7 of the Local Government Act (“LGA”) provide municipalities with the ultimate property tax collection tool – a forced sale of the property that is subject to tax. As the saying goes, you can’t fight City Hall! (more…)
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”). (more…)
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 pop up in communities across Canada, and the criminal justice system seems ill equipped to do much about it. As a result, some municipalities such as the City of Vancouver are taking the extraordinary step of actually regulating these illegal cannabis dispensaries. (more…)
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 replaced a previous set of regulations known as the Medical Marihuana Access Regulations (MMAR) which permitted individuals with a prescription for medical marihuana to obtain a licence to grow their own marihuana through a personal production licence, or to designate a third party to grow it on their behalf through a designated person production licence. The intention of the MMPR was to put an end to this system and replace it with a system where marihuana could only be obtained from federally licensed commercial suppliers. (more…)
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. (more…)