Key provisions of the government of Canada’s new legislation: An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, otherwise known as “Canada’s Anti-Spam Legislation”, or “CASL”, will come into force on July 1, 2014. While CASL will have a much larger impact on the private business sector, it will impact local governments who send electronic messages that contain any form of commercial content. (more…)

The B.C Supreme Court recently released its judgment in the case of Atco Lumber Ltd. v. Kootenay Boundary (Regional District), 2014 BCSC 524, and the Court’s decision should prompt every local government in the province to examine its standard statutory right of way documents. (more…)

A recent decision of the Ontario Superior Court of Justice, Seguin (Municipality) v. Bak, 2013 ONSC 5788, represents both a win for local government, and a sound application of common sense by the court.  The municipality sought an injunction requiring a landowner to demolish a structure built at and over the edge of a lake.  The municipality alleged that the structure was a boathouse, a type of structure not permitted under the applicable zoning bylaws. (more…)

In Regehr v. North Vancouver (City), 2014 BCSC 513, the Supreme Court of British Columbia considered a constitutional challenge to bylaw notices issued to a blues-singing busker for contraventions of the City of North Vancouver’s noise bylaw.  The Petitioner, Megan Regehr, is a singer known as “Babe Coal” who performs in a North Vancouver civic plaza with the use of a 10-watt amplifier.  As a result of complaints in the summer of 2012, the City issued a series of six bylaw notices for contravention of the City’s Noise Control Bylaw, 1987, No. 5819 (the “Bylaw”).  The offence was “making a prohibited noise with equipment” pursuant to section 302.1.2 of the Bylaw. (more…)

The Local Elections Campaign Financing Act has been introduced in the Legislature.  When it receives Royal Assent, the Act will impact the manner in which candidates record and report their election expenses.  It will also create new reporting requirements for sponsors of election advertising, and give increased powers to BC Elections to monitor and enforce the regulations that surround local government elections in BC. (more…)

Two recent decisions of the BC Supreme Court have raised questions about the purpose and effect of regional growth strategies and the extent to which they actually will serve as a legally enforceable framework for regional planning goals in the face of municipal decision-making. (more…)

The statutory authority for land use contracts (as previously authorized under section 702A of the Municipal Act, RSBC 1960, c.255) was repealed by the Municipal Amendment Act, 1977.  However, many land use contracts entered into before the repeal of section 702A continue in force, subject to the authority of a local government to amend or discharge the land use contract pursuant to section 930 of the Local Government Act. (more…)

Many wildlife species, including deer, are attracted to urban areas because of the bountiful food resources we humans make available to them. And while some of us enjoy the sight of a deer or two happily grazing in our back yard, there are concerns in many communities about conflicts between the growing urban deer population and human residents. (more…)