On April 27, 2011, the Honourable Judge Gould of the BC Provincial Court ordered a man who cut down ten trees without permits, to pay the full minimum fine under the City of Nanaimo’s Tree Protection Bylaw for each tree cut.  This amounted to $9,000.00.  The defendant had cut down trees on his own family’s property, for development purposes, and also on a client’s property.  It was the first time Nanaimo had summoned the defendant before the Court for this type of offence. (more…)

Over the past several years Privacy Commissioners across Canada have been recommending that public bodies subject to Freedom of Information legislation, which includes local governments, adopt a system of proactive disclosure.  The impetus behind the recommendation is to promote open government and, in part, the inability of some public bodies to meet the timelines required for disclosure under the Freedom of Information and Protection of Privacy Act (the “Act”). (more…)

Electronic Filing – What Is It? How Does It Work?

Since 2004, the B.C. Land Title and Survey Authority (the “LTSA”) has been implementing and refining the Electronic Filing System (“EFS”). As the name suggests, EFS provides the means for land title documents and survey plans to be filed in the Land Title Office electronically, rather than in paper format. At the beginning, EFS was limited to simpler documents, such as the Form A Freehold Transfer, but recently its scope has expanded to include the full range of documents and plans. (more…)

On April 18, 2011, the BC Supreme Court delivered its reasons for judgment in Residents and Ratepayers of Central Saanich Society v. Central Saanich (District). This decision builds on the existing case law that addresses the issue of consistency between official community plans (OCP) and zoning bylaws. Section 884(2) of the Local Government Act requires that all bylaws adopted after the OCP must be consistent with that plan. (more…)

The Supreme Court of BC has upheld a City of Richmond bylaw that bans the sale of dogs and puppies from pet stores.

In International Bio Research v. Richmond (City), 2011 BCSC 471, three pet stores challenged the validity of the bylaw on various grounds including that it was ultra vires, that it was unreasonable and discriminatory, and that it was passed in bad faith. The bylaw added “puppies and dogs” to a list of canidae that pet stores were prohibited from selling. The sale of dogs by dog breeders and commercial kennels was not affected by the bylaw. (more…)

The Supreme Court of Canada (the “SCC”) has confirmed that the federal government, by virtue of its constitutional jurisdiction over aeronautics, has the exclusive authority to regulate the location of aerodromes. Municipalities and provinces have no authority to do so. (more…)

In the Summer 2010 issue of Logo Law, I reviewed the forms of tenure available to local governments on Indian reserve lands that are subject to the land management provisions of the Indian Act. The purpose of that article was to outline the tenure options for local governments that wish to locate or expand works on reserve land. This article deals with tenure options on reserve in two other contexts, namely:

• reserve lands governed by a Land Code adopted by the first nation pursuant to the First Nations Land Management Act (the “FNLMA”); and
• reserve lands that have been allotted by band council under the Indian Act to individual members of the first nation.

(more…)

Use of E-communication Tools

Local governments wishing to improve communications with their citizens have found technology to be a valuable tool. Information can be disseminated broadly at minimal cost. Email communications and websites can enable a local government to be more transparent. Recognizing these valuable benefits, local governments are beginning to use these tools, for example, by posting video of their council meetings on their websites for viewing by the general public. (more…)

The BC Court of Appeal has reversed the trial judge’s decision, and has dismissed the plaintiff’s claim in nuisance arising out of the construction of the “Canada Line” Skytrain line in Susan Heyes Inc. (Hazel & Co.) v. South Coast BC Transportation Authority, 2011 BCCA 77 (”Heyes”). For a discussion of the trial decision, see Colin Stewart’s article in the Summer 2009 issue of LoGo. (more…)

On July 1, 2010 new rules governing the conduct of litigation in the Supreme Court of British Columbia came into effect. These new rules completely replaced the existing rules which had been effect since 1979. The following are the essential elements of the new rules that everybody in local government needs to know. (more…)