Societies and the Civil Resolution Tribunal

On July 15, 2019, sections of Bill 22, Civil Resolution Tribunal Amendment Act, British Columbia, 2018, c.17 came into force and amended the Civil Resolution Tribunal Act, SBC 2012, c.25 (the “CRTA“) and the Societies Act, SBC 2015, c.18 (the “Societies Act“). The amendments provide the Civil Resolution Tribunal (the “CRT“) with jurisdiction to resolve disputes over certain claims under the Societies Act.

Societies should be aware of these amendments because members may apply to the CRT in order to challenge a society’s interpretation or application of the Societies Act as well as certain actions, threatened actions or decisions of a society. Also, citizens may apply to the CRT in order to challenge a society’s decision or interpretation of provisions respecting access to records or financial statements.

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TOLGMA Conference

Ryan Bortolin will be attending the 2019 TOGLMA Conference, presenting on Rights & Responsibilities of Public Interface Workers. He will be discussing the responsibilities of local government, as a public service industry, to protect both their employees and the public.

Teaching Local Government Law Course at Uvic

Kathryn Stuart and Peter Johnson are returning to teach the Local Government Law course in the School of Public Administration at the University of Victoria for the Fall 2019 semester. This course provides an analysis of legislation and court decisions applicable to local governments in British Columbia. The course endeavors to provide students with a broad, general knowledge of the field of local government law; legal reasoning and how to recognize potential legal problems and understand and evaluate legal advice; and to demonstrate some of the ways in which local government law is used by the local governments to govern their affairs and to realize their purposes and objectives.

Plastic Checkout Bag Regulation Bylaw Quashed

In 2018, the City of Victoria successfully defended a petition brought by the Canadian Plastic Bag Association to quash the City of Victoria’s Checkout Bag Regulation Bylaw which prohibited businesses from providing customers with single-use plastic checkout bags. The Supreme Court determined that the Bylaw was a regulation of business and even though it may have incidental effects on the protection of the environment, that did not affect the validity of the Bylaw.

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LGMA Corporate Officers Forum

Kathryn Stuart will be attending the LGMA Corporate Officers Forum in Prince George. On October 3rd, she will be presenting a session on “The Collection and Protection of Personal Information – FIPPA Best Practices”.

LGMA

Kathryn Stuart, Peter Johnson and Ryan Bortolin will be attending the LGMA Conference in Vancouver. On June 13, Peter Johnson and Ryan Bortolin will be  presenting a session on “Local Government Tools To Address Affordability”. As well, Kathryn Stuart and Ryan Bortolin will be presenting the “2019 Legal Update”. We look forward to celebrating LGMA’s 100 years!

MIABC Annual Risk Management Conference

Jeff Locke and Josh Krusell will the attending the  Municipal Insurance Association of B.C.’s annual Risk Management Conference, which is being held in Vancouver from April 16 – 18. Jeff will be presenting a pre-conference workshop entitled “Risk Management for Front Line Staff” on April 16. Jeff will also be participating as a panel member in the “Building and Planning Thinktank Session” on April 18.

NCLGMA

Peter Johnson and Ryan Bortolin will be attending this years North Central Local Government Management Association Conference in Prince George, from April 10 to 12. Peter and Ryan will be presenting a workshop on contract law and procurement on April 10, and will be presenting a “Legal Update” on April 11. We look forward to our participation in the conference.

Local Government Officials and the Duty of Care: The BC Court of Appeal Reverses the BC Supreme Court Decision in Wu v. Vancouver (City)

Introduction

By its  January 21, 2019 decision in Wu. V. Vancouver (City), 2019 BCCA 23, the BC Court of Appeal has overturned the 2017 decision of the BC Supreme Court in the case of Wu v. Vancouver (City), 2017 BCSC 2072 and has made important findings as it relates to the limits of legal duties owed by public bodies such as local governments, and the liability to which they may be exposed. (more…)

Local Government Leadership Academy

Stewart McDannold Stuart will be participating in the upcoming 2019 Local Government Leadership Academy’s Elected Officials Seminars. On January 16 and 17,  Peter Johnson will be presenting a session on “Current Legal Issues” at the seminar for LGLA members, in Richmond. On February 13 and 14, Kathryn Stuart and Ryan Bortolin will be presenting sessions on “Current Legal Issues” (Kathryn) and “Local Government Law 101” (Ryan) at the seminar for AVICC members, in Parksville.