Blog - Young Anderson - Barristers and Solicitors /blog/ en Alison Bissicks Copyright 2026 Fri, 03 Apr 2026 15:10:25 -0700 Province to Explore Virtual Councils for BC Municipalities https://www.younganderson.ca/blog/post/province-to-explore-virtual-councils-for-bc-municipalities https://www.younganderson.ca/blog/post/province-to-explore-virtual-councils-for-bc-municipalities The explosion of video and tele-conferencing during the COVID-19 pandemic led to legislative changes enabling virtual council meetings. As the reach and sophistication of artificial intelligence (AI) tools grows it appears the next logical step might be virtual council members. 

Premier David Eby has announced a special task force on “AI in the council chamber”. The twelve-person group is made up of leaders from the governance and technology sectors in BC and, of course, Silicon Valley. Its marching orders, set out in terms of reference released along with the official government announcement, include: review best practices and experiences from other jurisdictions; consider and make recommendations on allowing chat-bots to serve as council members in British Columbia municipalities.

The task force will have one year to complete its work and report back to the Ministry of Housing and Municipal Affairs, so we can expect to learn more on April 1st, 2027.

Guy Patterson

]]> Wed, 01 Apr 2026 08:57:00 -0700 Effective November 1, 2023 Job Advertisements to Contain Wage/Salary Information https://www.younganderson.ca/blog/post/effective-november-1-2023-job-advertisements-to-contain-wage-salary-information https://www.younganderson.ca/blog/post/effective-november-1-2023-job-advertisements-to-contain-wage-salary-information As we indicated in our earlier client bulletin, and newsletter article, the Pay Transparency Act (the “Act”) received Royal Assent and became law in British Columbia on May 11, 2023. The Act contains new requirements for employers in the province to address pay inequity in their organizations.

Effective November 1, 2023, all employers must, when advertising a job opportunity publicly, specify in the advertisement either the expected salary or wage for the job, or the expected salary or wage range for the job. The Government of BC has published some guidance on this requirement, which can be found here:

https://www2.gov.bc.ca/gov/content/gender-equity/wage-or-salary-information-on-job-postings

For more information on the Act, please contact us or see our earlier client bulletin and newsletter article, which can be found at the following links:

https://www.younganderson.ca/publications/bulletins/pay-transparency-legislation-enacted

Download pdf: Newsletter Volume 34, Number 2 - LGMA Conference Issue


S. Michelle Blendell

]]> Mon, 23 Oct 2023 12:43:00 -0700 Amendment to the Employment Standards Act https://www.younganderson.ca/blog/post/amendment-to-the-employment-standards-act https://www.younganderson.ca/blog/post/amendment-to-the-employment-standards-act The Employment Standards Act (the "Act") was amended on May 11, 2023 to ensure unionized employees were entitled to the National Day for Truth and Reconciliation statutory holiday regardless of whether it was provided for in a collective agreement. Section 3 of the Act, which deals with collective agreements and minimum employment standards, underwent the change. As it stood previously, subsection 3(2) specified that if a collective agreement covers specific matters governed by the Act, such as statutory holidays and annual vacation, and meets or exceeds the Act's requirements, those provisions of the collective agreement replace the Act for those matters. In other words, if the collective agreement provides equal or greater benefits than the Act, it takes precedence over the minimum requirements of the Act.

The amendment introduces two changes. The first is an exception to the above arrangement specifically for the National Day for Truth and Reconciliation. According to the new subsection 3(2.1), a collective agreement cannot replace the standard for statutory holidays concerning this day. The second change was under section 3(6), and ensures that if a collective agreement is in effect, any disputes related to the National Day for Truth and Reconciliation will still be resolved according to the collective agreement's dispute resolution procedures.

Most local governments will not be affected by this change as their collective agreements already recognized any newly enacted provincial statutory holidays and provided their employees this statutory holiday. However, be sure to review your collective agreements as they pertain to statutory holidays, and know that employees will be entitled to the National Day for Truth and Reconciliation (September 30) regardless of whether it is expressly included in a collective agreement.

Carolyn MacEachern & Nate Ruston

]]> Wed, 31 May 2023 14:52:00 -0700 COVID-19 – LATEST UPDATES (updated Mar 16) https://www.younganderson.ca/blog/post/covid-19-latest-updates https://www.younganderson.ca/blog/post/covid-19-latest-updates From this page, you will be able to access all information that Young, Anderson has posted in relation to COVID-19. In addition to receiving direct email updates through the Stay Connected function of our website, this page will be updated as new information is added to our website.

Please click on the links below to access information from Young, Anderson in relation to COVID-19

PROVINCE LIFTS MASK MANDATE
https://www.younganderson.ca/a...

PROVINCE LIFTS MAJORITY OF COVID-19 RESTRICTIONS
https://www.younganderson.ca/a...

GRIEVANCE DISMISSED - COVID-19 VACCINE POLICY UPHELD
https://www.younganderson.ca/a...

NEW PROVINCIAL HEALTH ORDERS IN EFFECT AS OF MIDNIGHT DECEMBER 22, 2021
https://www.younganderson.ca/a...

ENFORCEABILITY OF MANDATORY COVID-19 VACCINATION POLICIES: GUIDANCE FROM RECENT DECISIONS
https://www.younganderson.ca/a...

NEW GATHERINGS AND EVENTS PUBLIC HEALTH ORDER
https://www.younganderson.ca/p...

RECORDS OF EMPLOYMENT AND MANDATORY VACCINE POLICIES
https://www.younganderson.ca/a...

GATHERING AND EVENTS COVID ORDER FOR THE EASTERN NORTHERN HEALTH AUTHORITY
https://www.younganderson.ca/a...

GATHERING AND EVENTS COVID ORDER FOR THE EASTERN FRASER HEALTH AUTHORITY
https://www.younganderson.ca/a...

GATHERING AND EVENTS COVID-19 ORDER FOR THE NORTHERN HEALTH REGION
https://www.younganderson.ca/a...

NEW COVID-19 ORDER FOR THE INTERIOR HEALTH REGION
https://www.younganderson.ca/a...

TIMELINE FOR UPCOMING CHANGES TO ELECTRONIC MEETINGS
https://www.younganderson.ca/a...

NEW EVENTS AND GATHERINGS ORDER INCLUDES VACCINE CARD REQUIREMENTS
https://www.younganderson.ca/a...

NEW MASK ORDER ISSUED FROM THE PHO: September 2, 2021
https://www.younganderson.ca/a...

MANDATORY VACCINES: GUIDANCE FOR EMPLOYERS
https://www.younganderson.ca/a...

BC HUMAN RIGHTS COMMISSIONER ISSUES GUIDANCE ON PROOF OF VACCINATION REQUIREMENTS
https://www.younganderson.ca/a...

PHASE 3 RESTART – TRANSITIONING AWAY FROM COVID-19 SAFETY PLANS
https://www.younganderson.ca/a...

BILL 13-2021: PAID SICK LEAVE
https://www.younganderson.ca/a...

BC INTRODUCES EMPLOYER PAID LEAVE FOR COVID VACCINE
https://www.younganderson.ca/a...

ANTI-MASKERS AND HUMAN RIGHTS: DOES THE CODE PROTECT ME?
https://www.younganderson.ca/a...

COVID-19 EMPLOYEE VACCINATIONS LEAVE ADDED TO EMPLOYMENT STANDARDS ACT
https://www.younganderson.ca/a...

COVID VACCINE UPDATE: EMPLOYEE GROUPS PRIORITIZED FOR VACCINE
https://www.younganderson.ca/a...

FACE COVERINGS (COVID-19) ORDER AND PROTECTIVE MEASURES (COVID-19) ORDER
https://www.younganderson.ca/a...

MINISTRY OF HEALTH NOT REQUIRED TO DISCLOSE LOCATION OF COVID19 CASES
https://www.younganderson.ca/a...

MANDATORY FACE COVERINGS IN INDOOR PUBLIC SPACES:
https://www.younganderson.ca/a...

VARIANCE APPLICATION PROCESS UNDER THE EMPLOYMENT STANDARDS ACT STREAMLINED FOR EXTENSIONS TO COVID-19 TEMPORARY LAYOFFS:
https://www.younganderson.ca/a...

COVID-19 RELATED TEMPORARY LAYOFFS EXTENDED - UPDATE:
https://www.younganderson.ca/a...

COVID-19 RELATED TEMPORARY LAYOFFS EXTENDED:
https://www.younganderson.ca/a...

GOVERNMENT BILL TO VALIDATE EMERGENCY COVID-19 MINISTERIAL ORDERS:
https://www.younganderson.ca/a...

PROVINCE NARROWS PREVIOUS RELAXATIONS TO LOCAL GOVERNMENT MEETING REQUIREMENTS:
https://www.younganderson.ca/a...

LABOUR BOARD CLARIFIES TEMPORARY LAYOFF NOTICE OBLIGATIONS:
https://www.younganderson.ca/a...

PROVINCE ANNOUNCES MUNICIPAL FINANCING AND TAX COLLECTION MEASURES IN RESPONSE TO COVID-19 PANDEMIC:
https://www.younganderson.ca/a...

WORKSAFEBC DIRECTS ALL EMPLOYERS TO PREPARE A COVID-19 SAFETY PLAN:
https://www.younganderson.ca/a...

WORKING FROM HOME – EMPLOYER RESPONSIBILITIES:
https://www.younganderson.ca/a...

PRESUMPTION FOR COVID-19 WORKSAFEBC CLAIMS:
https://www.younganderson.ca/a...

BENEFITS AVAILABLE FOR LAID OFF LOCAL GOVERNMENT EMPLOYEES:
https://www.younganderson.ca/a...

NEW EXTENSIONS TO COVID-19 RELATED TEMPORARY LAYOFFS:
https://www.younganderson.ca/a...

ELECTRONIC PUBLIC HEARINGS, THE ISLANDS TRUST AND IMPROVEMENT DISTRICTS:
https://www.younganderson.ca/a...

CYBERATTACKS ON THE RISE WITH COVID-19
https://www.younganderson.ca/a...

CHIEF JUSTICE OF BC NOW GRANTED DISCRETION TO MODIFY COURT RULES:
https://www.younganderson.ca/a...

BYLAW ENFORCEMENT OFFICERS NOW AUTHORIZED TO ISSUE TICKETS FOR THE UNAUTHORIZED RESALE OF ESSENTIAL GOODS AND SUPPLIES AND PRICE “GOUGING”:
https://www.younganderson.ca/a...

ELECTRONIC ATTENDANCE AT CORPORATE MEETINGS:
https://www.younganderson.ca/a...

MINISTERIAL ORDER M094 - PROTECTION OF LIABILITY:
https://www.younganderson.ca/a...

PROPERTY ASSESSMENT APPEAL BOARD EXTENDS APPEAL DEADLINE TO JUNE 1
https://www.younganderson.ca/a...

PROVINCE ISSUES GUIDANCE DOCUMENT FOR ENFORCEMENT OF PUBLIC HEALTH ORDERS:
https://www.younganderson.ca/a...

PROVINCE SUSPENDS LIMITATION PERIODS FOR COURT ACTIONS AND MORE:
https://www.younganderson.ca/a...

MINISTERIAL ORDER M084: PART 2:
https://www.younganderson.ca/a...

PROVINCE ALLOWS DISCLOSURE OF PERSONAL INFORMATION OUTSIDE CANADA SO LOCAL GOVERNMENTS CAN CONTINUE OPERATIONS DURING THE COVID-19 PANDEMIC EMERGENCY:
https://www.younganderson.ca/a...

PROVINCE CLARIFIES ROLE OF BYLAW ENFORCEMENT OFFICERS DURING COVID-19 EMERGENCY:
https://www.younganderson.ca/a...

PROVINCE SUSPENDS LOCAL STATES OF EMERGENCY:
https://www.younganderson.ca/a...

RELAXATION OF MEETING RULES DURING COVID-19 PANDEMIC:
https://www.younganderson.ca/a...

MINISTERIAL ORDERS UNDER THE EMERGENCY PROGRAM ACT:
https://www.younganderson.ca/a...

CHANGES TO THE EMPLOYMENT STANDARDS ACT IN RESPONSE TO THE COVID-19 CRISIS:
https://www.younganderson.ca/i...

PROVINCIAL OPTIONS FOR MODIFYING MEETING RULES:
https://www.younganderson.ca/a...

REVENUE ANTICIPATION BORROWING - BEING PREPARED:
https://www.younganderson.ca/a...

EXTENSION OF TIME FOR RESPONDING TO FREEDOM OF INFORMATION REQUESTS:
https://www.younganderson.ca/a...

COVID-19 UPDATE FOR LOCAL GOVERNMENT EMPLOYERS:
https://www.younganderson.ca/a...

HERE TO SERVE YOU - YOUNG ANDERSON RESPONSE TO COVID-19:
https://www.younganderson.ca/a...

]]> Wed, 16 Mar 2022 08:30:00 -0700 COVID-19 Update for Local Government Employers https://www.younganderson.ca/blog/post/covid-19-update-for-local-government-employers https://www.younganderson.ca/blog/post/covid-19-update-for-local-government-employers The coronavirus (COVID-19) has been the cause of an outbreak of respiratory infections, and while the risk to Canadians is currently low, the number of cases worldwide is changing quickly. Local governments should be aware of precautions that can be taken to reduce the risk of transmission of COVID-19, and to ensure their communities remain as safe and healthy as possible. As employers, local governments must be vigilant in ensuring safe and healthy workplaces.

The BC Centre for Disease Control (BCCDC) website contains the latest information about COVID-19 as it relates to the health and well-being of British Columbians, including the latest COVID-19 case counts updated every Friday: http://www.bccdc.ca/health-professionals/clinical-resources/novel-coronavirus-(covid-19). Additionally, the BCCDC and the Office of the Provincial Health Officer have identified four key ways that local governments can prepare for COVID-19, including (1) intergovernmental cooperation; (2) community involvement; (3) employee health; and (4) financial planning (read more at http://www.bccdc.ca/Health-Info-Site/Documents/COVID-19-4-Key-Ways-to-Prepare.pdf).

As employers, local governments should also be mindful that in the coming months, there may be increasing requests for accommodations and compassionate care leave, and a rise in workplace leaves overall, whether paid, unpaid or on short-term disability. Local government employer may also have to make decisions about whether an employee should be sent home or be allowed back in the workplace after an illness.

Local government employers should consider the following checklist of best practices in dealing with workplace issues related to COVID-19:

1. Taking precautions for a safe and healthy workplace

  • Developing and communicating health and safety protocols for employees.
  • Making alcohol hand sanitizers and soap available to employees and visitors.
  • Providing antiseptic wipes to employees for cleaning their workstations regularly.
  • Providing posters which promote proper hygiene, including effective handwashing practices.

2. Remaining informed and promoting awareness

  • Routinely following reliable public health authorities for news and guidelines on prevention, symptom identification, and treatments as they become available.
  • Appointing a coordinator to track and communicate the latest developments of COVID-19.
  • Promoting awareness and ensuring management and employees are properly trained on what health and safety measures should be observed at present and in the future.

3. Responding appropriately to symptomatic employees

  • Advising employees on what to do should they have flu-like symptoms in the workplace.
  • Screening employees for risks of infection and symptoms, taking into consideration human rights legislation and relevant privacy and employment laws.
  • If an employee exhibits typical symptoms or has been in contact with an infected person, they should be sent home and advised to seek medical advice as soon as possible.
  • Protecting privacy and keeping an employee’s information confidential except on a need to know basis.
  • Ensuring employees are aware of their benefits and entitlements in the event that they or a family member become ill.

4. Developing and updating relevant policies

  • Ensuring all policies related to leaves and providing accommodations in the workplace are up to date.
  • Developing an emergency pandemic/ COVID-19 Preparedness Policy.
  • Identifying key positions and personnel, cross-training employees and providing for the sequestering and isolation of essential employees where necessary.
  • Recognizing that individual circumstances may require certain employers to temporarily allow employees to work from home.

Amy O'Connor

]]> Mon, 09 Mar 2020 14:19:00 -0700 BC AGLG Office to be Closed https://www.younganderson.ca/blog/post/bc-aglg-office-to-be-closed https://www.younganderson.ca/blog/post/bc-aglg-office-to-be-closed On February 24, 2020, Minister of Municipal Affairs and Housing Selina Robinson announced to Postmedia News, as reported by the Vancouver Sun, that the provincial government intends to phase out the Auditor General for Local Government (“AGLG”) and close the office entirely within the next couple years.

The office, initially established through the Auditor General for Local Government Act, [SBC 2012], was created “to conduct performance audits of the operations of local governments in order to provide local governments with objective information and relevant advice” and to “assist them in their accountability to their communities for the stewardship of public assets and the achievement of value for money in their operations” (s. 3). To date, the AGLG has completed and published some 30 performance audit reports, including examinations of policing agreements, police budget oversight, and achieving value for money in operational procurement. At this time, funding has been significantly reduced, and the AGLG’s role will be limited to completing its current projects.

We will update this matter when further information is available.

Amy O’Connor

]]> Fri, 28 Feb 2020 12:27:00 -0800 Court Upholds New Westminster Business Regulation Bylaw Targeting Renovictions https://www.younganderson.ca/blog/post/court-upholds-new-westminster-business-regulation-bylaw-targeting-renovictions https://www.younganderson.ca/blog/post/court-upholds-new-westminster-business-regulation-bylaw-targeting-renovictions In 1193652 B.C. Ltd. v. New Westminster (City), 2020 BCSC 163, released on February 11, 2020, Chief Justice Hinkson dismissed a petition challenging the City of New Westminster’s Business Regulations and Licensing (Rental Units) Bylaw No. 6926. The petition, filed by the owner of a multi-family residential building seeking to evict tenants and perform renovations, asserted that the Bylaw was both beyond the City’s legislative authority to regulate in relation to businesses and rental units and in conflict with the Residential Tenancy Act [RTA].

Hinkson C.J. found that the impugned Bylaw, which created a scheme protecting tenants from the practice of “renoviction”, was validly enacted within both s. 8(6) and 8(3)(g) of the Community Charter – the powers to regulate in relation to business and in relation to the health, safety or protection of persons. Further, he dismissed the petitioner’s arguments that the Bylaw was ultra vires because it related “in pith and substance” to landlord and tenant matters. The Court found that s. 10 of the Community Charter was both the only way to find a municipal bylaw inconsistent with a provincial enactment, and contemplated overlap between the two. While the Bylaw did exercise a municipal power in relation to matters also governed by the RTA, it did so in a way that was consistent with the Act.

]]> Tue, 11 Feb 2020 15:23:00 -0800 BC expands opportunities for cloud-based services for public bodies https://www.younganderson.ca/blog/post/bc-expands-opportunities-for-cloud-based-services-for-public-bodies https://www.younganderson.ca/blog/post/bc-expands-opportunities-for-cloud-based-services-for-public-bodies Bill 35 received royal assent yesterday, October 31, amending the Freedom of Information and Protection of Privacy Act to relax some of the strict Canada-only personal information storage and disclosure requirements that public bodies in British Columbia must comply with.

Before anyone gets too spooked about troves of information being stored abroad, the amendments outline fairly limited circumstances where personal information can be disclosed outside Canada. Our understanding is these amendments are intended to enable public bodies, as long as the provisions are satisfied, to use cloud services for their IT needs.

The key amendment is the new section 33.1(1)(p.2) of FIPPA. It gives public bodies the new authority to disclose personal information for the purposes of processing as long as the disclosure does not involve intentional access to personal information by an individual, or result in the storage of the personal information (other than personal information that is metadata). (Section 33.1(1)(p.1) has been amended, to clarify the existing authority for public bodies to allow temporary access to their information systems from abroad, for system trouble-shooting, maintenance, repair and similar limited support purposes.)

Practically-speaking, the new paragraph (p.2) will give local governments more choice in selecting modern cloud-based technologies to better serve their citizens.

For assistance in determining whether a new service provider is right for you, or for any other privacy (or freedom of information) questions, please contact our privacy team at Young Anderson:

David Loukidelis
and
Ethan Plato

]]> Fri, 01 Nov 2019 11:07:00 -0700 Should a local government be liable for an assault captured by its CCTV on a public overpass? https://www.younganderson.ca/blog/post/should-a-local-government-be-liable-for-an-assault-captured-by-its-cctv-on-a-public-overpass https://www.younganderson.ca/blog/post/should-a-local-government-be-liable-for-an-assault-captured-by-its-cctv-on-a-public-overpass The Alberta Court of Appeal says yes.

In McAlister v Calgary (City), 2019 ABCA 214, the plaintiff McAlister and a woman were walking across an overpass attached to the City-run C-train system when they encountered the woman’s ex-boyfriend. McAlister was violently assaulted, eventually falling to the ground six minutes into the encounter and suffering severe injuries from kicking from multiple assailants lasting about 20 minutes.

The trial judge found that the City was an occupier of the overpass and that McAlister was a visitor, and concluded that the City of Calgary owed him a duty of care. At the time of the assault, on New Year’s Eve, there were two employees watching 42 monitors which cycled through 337 cameras, 25 of which were near the station where the assault occurred. The trial judge held this was insufficient and held that the assault should have been detected within the first minute, and that help should have been dispatched. Had that been done, the court found, McAlister’s injuries would have been less severe and the City was liable for those damages.

The Court of Appeal narrowed the trial decision, but still held that the City was in breach of its duty for failing “to have in place reasonable systems for detecting and responding to the assault on the respondent. As such the City is liable for the incremental damages suffered by the respondent, after the reasonable response time of ten minutes.”

Both the trial decision and the appeal have far-reaching implications for local governments that already have or are considering implementing CCTV cameras in public areas. No application for leave to the Supreme Court of Canada has been filed yet, but the City has indicated through its counsel their intention to seek leave. Stay tuned for more updates, we will be following this closely should leave be granted.

For questions related to this post or general inquiries in the field of Privacy and Freedom of Information, contact Ethan Plato at plato@younganderson.ca.

Ethan Plato

]]> Mon, 22 Jul 2019 09:37:00 -0700 A blunt end to non-compliant cannabis dispensaries in Vancouver https://www.younganderson.ca/blog/post/a-blunt-end-to-non-compliant-cannabis-dispensaries-in-vancouver https://www.younganderson.ca/blog/post/a-blunt-end-to-non-compliant-cannabis-dispensaries-in-vancouver In a decisive statement on the scope of municipal power to regulate cannabis dispensaries, Chief Justice Hinkson of the BC Supreme Court granted a statutory injunction sought by the City of Vancouver. In Vancouver (City) v Karuna Health Foundation, 2018 BCSC 2221, the City brought a petition against several cannabis dispensaries, arguing that the dispensaries were carrying on business contrary to the City’s framework for the regulation of medical cannabis retail uses under its business licence bylaw. In response, the dispensaries argued that the bylaw was either inapplicable or ultra vires the City’s jurisdiction, relying on a myriad of constitutional and common law concepts including interjurisdictional immunity, federal paramountcy, and estoppel. The Chief Justice held that the City’s business licence and zoning bylaws were validly enacted and applicable, and dismissed all of the many arguments put forward by the dispensaries.

Nick Falzon

]]> Mon, 17 Dec 2018 16:18:00 -0800