Grant Anderson
Jordan Adam
Elizabeth Anderson
James Barth
Michelle Blendell
Alyssa Bradley
Aishling Carson
Lianna Chang
Gregg Cockrill
Nick Falzon
Christopher Gallardo-Ganaban
David Giroday
Kate Gotziaman
Alexandra Greenberg
Serge Grochenkov
Reece Harding
Jacob Lewin
Timothy Luk
Carolyn MacEachern
Sukhbir Manhas
Emma McCann
Amy O'Connor
Guy Patterson
Mike Quattrocchi
Nate Ruston
Joe Scafe
Amanda Scott
Lynda Stokes
Julia Tikhonova
Jack Wells
Barry Williamson
Recent Publications
2025
BCSC Quashes Censure Decision on Procedural Fairness Grounds
In the recent decision Paull v. Quesnel (City), 2025 BCSC 347, the Supreme Court of British Columbia considered the lawfulness of three...
2025
Newsletter Volume 36 Number 1
In this issue:Arbitrator Awards Union $30,000 for District's Discrimination Against Union President, Interference in the Administration of...
2025
OIPC Issues New Recommendations on Disclosure of Records – Investigation Report 25-01
The Office of the Information and Privacy Commissioner for British Columbia (“OIPC”) released a new Investigation Report (the “Report”)...
2024
The Provincial Housing Agenda: A Year In Review
OVERVIEW: provincial housing legislation introduced over the past year has largely been viewed as trenching on an area of jurisdiction –...
2024
Internal Investigations: Code Of Conduct And Workplace Complaints
In recent years there has been increased attention on investigations for various forms of misconduct within local governments. This paper...
2024
Governance: Common Issues
Despite the decades long history of the governance rules relating to open meetings, conflict of interest, and public participation in...
2024
Local Government Finance: Selected Topics
Financing for local governments in British Columbia is an important aspect of ensuring that municipalities and regional districts can...
2024
Human Rights Update
In this paper, we provide an update on the operations of the Human Rights Tribunal (the “Tribunal”) and its attempts to address a...
2024
FOI: From Start To Finish
One of the realities of being part of a local government is that your communications and work products, from the reports you read and write...
2024
Procurement: A Refresher And More
This paper will consider the sources of liability in tendering: contractual claims arising from “Contract A”, the trade agreements, and...
2024
Enforcing Bylaws: What You Need To Know
Local governments routinely deal with individuals and businesses that do not comply with their bylaws. Sometimes, local governments receive...
2024
Caselaw Update
This paper examines seven court decisions over the past year that would be of particular interest to local governments: (i) the Court of...
2024
Newsletter Volume 35, Number 3 - UBCM Conference Issue
In this UBCM Conference issueLiability in the Era of Privacy Breaches and Cyberattacks: James Barth & Aishling CarsonProcurement &...
2024
Court of Appeal finds claims of violation of privacy and negligence arguable in the wake of privacy breach
In the recent decision G.D. v. South Coast British Columbia Transportation Authority, 2024 BCCA 252 (“GD v. Translink”) the British...
2024
Newsletter Volume 35, Number 2 - LGMA Conference Issue
In this LGMA conference issue:Bill 16 - Part One: An Overview of Tenant Protections - Christopher Gallardo Ganaban & Eman JeddyBill 16...
2024
Human Rights Complaint Proceeds to Hearing, Despite Signed Release
The BC Human Rights Tribunal (the “Tribunal”) recently issued a decision in Fyffe v. University of British Columbia, 2024 BCHRT 88. In that...
2024
The continuing saga of non-conforming use law in British Columbia: Court of Appeal interprets section 529 of the Local Government Act; Supreme Court of Canada refuses leave to appeal in a different case
Sakinaw Lake might be another casualty in the war waged against hidden gems by social media oversharing. But in case you didn’t already...
2024
Newsletter Volume 35, Number 1
In this issue: BC Court of Appeal Clarifies Law of Confidentiality and Indemnification - Sukh Manhas & Nick FalzonEmergency and...
2024
Land Act Amendments Coming Soon
The provincial government is considering new amendments to the Land Act in order to bring it into conformity with the Declaration on the...
2023
New Legislative Changes Require Local Governments to have Reasonable Alternative Shelter Available Before Enforcing Bylaw on Encampment Residents
A number of major legislative changes for local governments received royal assent on November 30th 2023. The most prominent changes are...
2023
DRIPA and Local Governments
In November 2019, the provincial government adopted the Declaration on the Rights of Indigenous People’s Act (“DRIPA”). Aimed at...
2023
Managing the Employment Relationship
This paper addresses risks that can arise during various stages of an employment relationship from hiring through to the ending of...
2023
Speak Up or Shut Up? - Free Speech
Freedom of expression is one of the hallmarks of a free and democratic society. Since 1982 it has been formally enshrined in the Canadian...
2023
Downzoning - Panacea or a Dirty Word?
Within the suite of authorities granted to local governments by the province, land use regulation is perhaps the most important. And...
2023
Tax Sales
The power of municipalities under the Local Government Act (the “LGA”) to sell private properties for the non-payment of property taxes is...
2023
Litigation - Do's and Don'ts
Local governments often find themselves in situations in which there are conflicts and in which there is a dispute with other parties. When...
2023
FOI & Privacy Law Update
The legal landscape around freedom of information (“FOI”) and privacy in British Columbia was altered significantly in late 2021. The...
2023
Local Government and the Provincial Housing Agenda (updated)
The provincial government’s April 2023 “Homes for People” housing strategy identified 9 separate actions, most of which (highlighted below)...
2023
Caselaw Update
This paper examines 6 recent court decisions of particular interest to local governments: (i) a B.C. Supreme Court decision on in camera...
2023
More Big Changes for BC Local Government
Following on the heels of Bill 44: Housing Statutes (Residential Development) Amendment Act, the Province continues its Stephen King-like...
2023
Province Introduces Significant Renovations to Local Government Enabling Legislation
The provincial government on November 1st gave first reading to Bill 44 – 2023 Housing Statutes (Residential Development) Amendment Act,...
2023
Province Introduces Short-Term Rental Legislation
On Monday, October 16, the Honourable Ravi Kahlon, Minister of Housing, introduced the Short-Term Rental Accommodations Act, aimed at...
2023
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...
2023
Newsletter Volume 34, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Delegations to Council - A Charter Right - Bill BuholzerThe Growing World of First Nations Heritage...
2023
BC Controlled Substances Exemption Restricted at Playgrounds, Water Parks, Skate Parks
Following advocacy by many local governments, British Columbia’s controlled substance possession exemption has been further restricted,...
2023
Court of Appeal Affirms Zoning Decision on Stalled Development
Onni Wyndansea Holdings Ltd. v. Ucluelet (District), 2023 BCCA 342 In 2004, in exchange for promises of various community amenities...
2023
Well wishes for Kathleen Higgins, on her retirement
After 5 years of practicing local government law at Young, Anderson, initially as a partner and most recently as associate counsel,...
2023
Newsletter Volume 34, Number 2 - LGMA Conference Issue
In this LGMA conference issue: Artificial General (Municipal) Intelligence: Not Quite Yet - Nick FalzonBC Financial Services Authority...
2023
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...
2023
Pay Transparency Legislation Enacted
On May 11, 2023, the Pay Transparency Act (the “Act”) received Royal Assent and became law in British Columbia. It enacts new requirements...
2023
BCCA Clarifies Test for Family Status Discrimination
Local government employers will want to take note of the BC Court of Appeal’s recent decision in British Columbia (Human Rights Tribunal)...
2023
Newsletter Volume 34, Number 1
In this issue:Best Practices for C2C Meetings - Amy O'Connor Riparian Area Protection Powers Rolled Back by the Court of Appeal - Bill...
2023
Well wishes for David Loukidelis, KC, on his retirement
After 7 years of practicing freedom of information and privacy law as associate counsel at Young, Anderson, David has decided to retire...
2023
New Requirements for Local Governments: Privacy Management Programs and Privacy Breach Notifications
Local governments are now required to develop privacy management programs and to report privacy breaches that could be expected to result...
2023
Court of Appeal Scales Back Riparian Area Protection Powers
In a decision that will likely come as a shock to many clients who have been attempting to carry out the mandate in the Riparian Areas...
2022
Bill 43 - Housing Supply Act
On November 24, 2022, Bill 43 – 2022 the Housing Supply Act received Royal Assent, and will come into force by regulation. This legislation...
2022
Proposed Changes to the Workers' Compensation Act
On October 31, 2022, the provincial government introduced Bill 41 – 2022: Workers’ Compensation Amendment Act (No. 2), 2022 (the...
2022
Codes of Conduct and More: Elected Officials Behaving Badly
Most professionals are held accountable for their conduct through legislative mechanisms. Lawyers must comply with a Code of Professional...
2022
Labour, Employment & Human Rights: Odds and Ends
There were various labour, employment and human rights cases and new legislation this past year that impact local governments as employers....
2022
Natural Disasters 201
British Columbia’s current flood management regime creates problems and risks for its local governments. Many important areas in the...
2022
Works & Services Agreements, Latecomer Agreements and Local Area Services
One of the most important purposes of local governments is to provide services for the benefit of the community. This core purpose is...
2022
Local Governments Wearing Two Hats: What are the Legal Issues?
Local governments have a vast plethora of roles, obligations, and functions to play – as anyone working in local government is all too...
2022
Waste Management Legal Issues
The Environmental Management Act (the “EMA”) and the various regulations enacted under the EMA regulate waste within British Columbia....
2022
Who's in Charge? Provincial Override in Land Use Management
Over the past several years commentators on municipal land use policy in BC have been suggesting that the time has come for the provincial...
2022
Caselaw Update
The Court of Appeal’s decision in Redmond v. Wiebe was the first occasion for that court to consider the scope of the comparator group...
2022
Land Use Regulation: Selected Topics
Many planners are familiar with the term “Euclidean” zoning, and will almost instinctively equate it with a kind of rigid, unimaginative,...
2022
Elections Questions? Call us - our E-Team is ready!
In order to assist with the upcoming local government elections, we have a designated team of lawyers to respond to your elections related...
2022
Ontario Court of Appeal Finds that an Employer Accessing Employees’ Private Conversation Open on Work Device is a Breach of the Employees’ Privacy Rights
In the recent decision Elementary Teachers Federation of Ontario v. York Region District School Board, 2022 ONCA 476, the Court of Appeal...
2022
Newsletter Volume 33, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: City of Vancouver Cannot Control Rent by By-law, BC Supreme Court Finds - Elizabeth Anderson & Nick...
2022
BC Supreme Court Finds ICBC Vicariously Liable for its Employee’s Breach of the Privacy Act
A recent British Columbia Supreme Court decision has opened possible new areas of liability for public bodies whose employees breach...
2022
Elections Questions? Our E-Team Is Ready for Your Call
In order to assist with the upcoming local government elections, we have a designated team of lawyers to respond to your elections related...
2022
BC Supreme Court Quashes Vancouver Rent Control Bylaws
The BC Supreme Court recently considered the City of Vancouver’s pioneering attempt to impose rent controls between tenancies by bylaw in...
2022
Newsletter Volume 33, Number 2 - LGMA Conference Issue
In this LGMA conference issue:Recitals ≠ Reasons - Barry WilliamsonBuilding Permit Requires Tenant in Common's Consent - Elizabeth...
2022
BC Court of Appeal Affirms Distinction Between Employees and Independent Contractors Under the Employment Standards Act
In the recent decision Beach Place Ventures Ltd. v. Employment Standards Tribunal, 2022 BCCA 147, the Court of Appeal for British Columbia...
2022
Province Releases DRIPA Action Plan: Implications for Local Governments
On March 30, 2022, the Province released its highly-anticipated Action Plan for implementing the Declaration of the Rights of Indigenous...
2022
Province Lifts Mask Mandate
The Provincial Health Officer announced on March 10, 2022 that the requirement to wear masks in indoor public spaces would be lifted. As...
2022
COVID-19 – LATEST UPDATES (updated Mar 16)
From this page, you will be able to access all information that Young, Anderson has posted in relation to COVID-19. In addition to...
2022
Newsletter Volume 33, Number 1
In this issue: Let's Talk About Tax Sales - Michael Moll & Elizabeth AndersonRecent Decisions on Employers COVID-19 Vaccination...
2022
Further Amendments to Local Government Legislation Now in Effect
In a previous bulletin we reviewed legislative changes to be introduced by the Municipal Affairs Statutes Amendment Act (No. 2), 2021 (the...
2022
Province Lifts Majority of COVID-19 Restrictions
The Provincial Health Officer announced the easing of COVID-19 safety measures in BC effective February 17, 2022. While the written orders...
2022
Grievance Dismissed – COVID-19 Vaccine Policy Upheld
An Ontario Arbitrator recently dismissed grievances filed by the Power Workers’ Union (PWU) on behalf of 12 employees who were placed on an...
2021
New Provincial Health Orders in Effect as of Midnight December 22, 2021
The Provincial Health Officer announced new restrictions this week in response to the increased risk of COVID infection presented by the...
2021
BC Introduces 5 day Paid Sick Leave Program
The Province recently amended the Employment Standards Act (“ESA”) to provide for 5 days of paid sick leave for all employees. This...
2021
Update on Significant Amendments to the Freedom of Information and Protection of Privacy Act
Significant changes to British Columbia’s freedom of information and privacy law came into force on November 25, 2021. As our previous...
2021
Workplace Caselaw Update
Local governments have been grappling with unprecedented change in 2021, as the pandemic continues and we move to a “new normal” in our...
2021
What’s the Problem with Bias?
Elected officials, by the nature of their position, are required to take strong and vocal stances on a myriad of issues. There is however a...
2021
What’s New in the World of Freedom of Information?
The law and procedure surrounding freedom of information (“FOI”) is in a constant state of flux. Its state of play continues to be altered...
2021
Official Community Plans
If you like watching paint dry, or getting a root canal, or having your eyes poked out, you might also enjoy perusing some of the...
2021
Caselaw Update
This paper examines 4 recent court decisions of particular interest to local government: (i) a Supreme Court of Canada decision on snow...
2021
Indigenous Relations: Challenges, Possibilities, and the Future of Collaborative Governance
On June 3, 2021, the federal government passed Bill C-5, making September 30th a federal statutory holiday known as the National Day for...
2021
Vavilov Update
Last seminar we discussed Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 in detail, where the Supreme Court of...
2021
Local Government Contracting: Common Pitfalls
One of the key powers granted to local governments under the Community Charter and the Local Government Act is the power to contract....
2021
Meetings: Selected Topics
At the most fundamental level, the powers, duties, and functions of a municipality are to be exercised and performed by the elected...
2021
Enforceability of mandatory COVID-19 vaccination policies: Guidance from recent decisions
Many employers, including governments and governmental organizations, have implemented mandatory vaccine policies for their employees....
2021
Bill Buholzer and Julia Tikhonova published in International Municipal Lawyer Journal
The International Municipal Lawyer journal recently published an article written by Bill Buholzer and Julia Tikhonova. In their article,...
2021
New Gatherings and Events Public Health Order
On October 25, the Provincial Health Officer issued a new Order under the Public Heath Act of BC concerning Gatherings and Events (the...
2021
Significant Amendments to Local Government Legislation Proposed in Bill 26
The provincial legislature tabled Bill 26 – Municipal Affairs Statutes Amendment Act (No. 2), 2021 on October 26, 2021. The proposed...
2021
Supreme Court Attempts to Clarify Policy/Operational Analysis
The Supreme Court of Canada has released its highly anticipated reasons for judgement in Nelson (City) v. Marchi. The Marchi case stems...
2021
Records of Employment and Mandatory Vaccine Policies
Employment and Social Development Canada (“ESD Canada”) has updated their website with information on how to code an ROE for employees...
2021
Government Tables Significant Updates to the Freedom of Information and Protection of Privacy Act
The provincial government has revealed the most significant changes to the Freedom of Information and Protection of Privacy Act (FIPPA) in...
2021
Gatherings and Events COVID Order for the eastern Northern Health Authority
On October 15, the Chief Medical Health Officer for the Northern Health Authority issued a a second Order under the Public Heath Act of BC...
2021
Gatherings and Events COVID Order for the Eastern Fraser Health Authority
On September 28, the Chief Medical Health Officer for the Fraser Health Authority issued an Order under the Public Heath Act of BC...
2021
Approving Officer Liability and Section 219 Releases
Local governments, and the Province as well, will welcome two recent Court of Appeal decisions arising from the approval of a subdivision...
2021
Gathering and Events COVID-19 Order for the Northern Health Region
On September 7, the Chief Medical Health Officer for the Northern Health Authority issued an Order under the Public Heath Act of BC...
2021
New COVID-19 Order for the Interior Health Region
On September 13, 2021, the Chief Medical Health Officer (Interim) for the Interior Health Authority issued a new Order regarding COVID-19,...
2021
Timeline for Upcoming Changes to Electronic Meetings
Next week, two important dates will come up for local governments in relation to the holding of meetings through electronic means. On...
2021
National Day for Truth and Reconciliation
Young, Anderson’s office will be closed on September 30th in recognition of National Truth and Reconciliation Day. In June, the federal...
2021
New Events and Gatherings Order Includes Vaccine Card Requirements
On September 10, the Provincial Health Officer issued a new Order under the Public Heath Act of BC concerning Gatherings and Events (the...
2021
Newsletter Volume 32, Number 3 - UBCM Conference Issue
In this UBCM Conference issue:Conflict of Interest or Community of Interest? Court Interprets the "Electors Generally" Exception - Julia...
2021
New Mask Order Issued from the PHO: September 2, 2021
The Provincial Health Officer issued a new order today in respect of the provincial mask mandate (the “Order”). The Order states that it...
2021
Mandatory Vaccines: Guidance for Employers
The provincial and federal governments, as well as several private corporations, have recently announced new requirements for masks,...
2021
Local Governments Get Ability To Regulate Single-use Plastics
On July 26, 2021, the Province made Ministerial Order No. M309, which amends the Spheres of Concurrent Jurisdiction - Environment and...
2021
BC Human Rights Commissioner Issues Guidance on Proof of Vaccination Requirements
As COVID-19 vaccination rates continue to increase and BC has entered Step 3 of its re-start plan, the BC Human Rights Commissioner has...
2021
Phase 3 Restart – Transitioning Away from COVID-19 Safety Plans
As part of Step 3 of BC’s Restart Plan, employers are being encouraged to begin transitioning from COVID-19 Safety Plans to developing...
2021
Newsletter Volume 32, Number 2 - LGMA Conference Issue
In this LGMA conference issue:WHADDAYAMEAN? - A Ramble Through the BC Interpretation Act - Bill BuholzerCourts Confirm Local Government...
2021
BC Court of Appeal Restores the City’s Decisions Regarding Expiration of Building Permits
On June 9, 2021, the BC Court of Appeal released reasons for judgment in Yu v. Richmond (City), 2021 BCCA 226. In this case, the Court...
2021
National Truth and Reconciliation Day
Federal workplaces, and workplaces that observe federal holidays, now have a new statutory holiday. On June 3, 2021, Royal Assent was given...
2021
Bill 13-2021: Paid Sick Leave
On May 11, 2021, Bill 13-2021, which amends the Employment Standard Act, RSBC 1996 c 113, received its first reading. Bill 13-2021...
2021
BC Court of Appeal Upholds New Westminster’s Renoviction Bylaw
In 1193652 B.C. Ltd. v. New Westminster (City), 2021 BCCA 176 the British Columbia Court of Appeal ruled that the provisions of New...
2021
Court Upholds City’s Censure of Councillor
On April 21, 2021, the BC Supreme Court released reasons for judgment in Dupont v. Port Coquitlam (City). Councillor Dupont had commenced a...
2021
BC Introduces Employer Paid Leave for COVID Vaccine
The BC government has introduced a bill (Bill 3) to amend the Employment Standards Act. It has not been passed, but once passed, its effect...
2021
Anti-Maskers and Human Rights: Does the Code Protect Me?
The British Columbia Human Rights Tribunal (the “Tribunal”) has received a significant number of complaints since October 2020 alleging...
2021
COVID-19 Employee Vaccinations Leave Added to the Employment Standards Act
In our March 24, 2020 blog post titled “Changes to the Employment Standards Act in Response to the COVID-19 Crisis”, we summarized the...
2021
Severance Agreements Withheld on Basis of Settlement Privilege
The Office of the Information and Privacy Commissioner for British Columbia (“OIPC”) recently released a decision confirming that...
2021
Residential Rental Tenure Zoning Bylaw Upheld by BC Supreme Court
In reasons released March 30, 2021, indexed as V.I.T. Estates Ltd. v. New Westminster (City), 2021 BCSC 573, Mr. Justice Saunders of the BC...
2021
COVID Vaccine Update: Employee Groups Prioritized for Vaccine
Following completion of our recent Newsletter article regarding COVID vaccines, the Provincial government announced it would be providing...
2021
Newsletter Volume 32, Number 1
In this issue: Is our New "Home Office" a Zoning Contravention - Guy PattersonMunicipal Employers Should be Cautious if Considering...
2021
Bill C-21: Municipal Bylaws and Regulation of Firearms
Gun violence is a significant issue. Currently, pursuant to section 8(5) of the Community Charter, a municipal council may, by bylaw,...
2021
Site Disclosure Statements – Issues for Local Governments
The amendments to the contaminated site identification and remediation provisions in the Environmental Management Act (EMA) that came into...
2021
Changes to Contaminated Sites Legislation come into effect on February 1st, 2021
The British Columbia Ministry of Environment and Climate Change Strategy (the “Ministry”) has made changes to the site identification...
2021
Face Coverings (COVID-19) Order and Protective Measures (COVID-19) Order
On January 8, 2021, the Province made Ministerial Order No. M012/2021 – Face Coverings (COVID-19) Order and Ministerial Order No. M013/2021...
2021
Campaign Contributions, In-Stream Development Applications and Conflicts
In Allan v. Froese, 2021 BCSC 28, released on January 11, 2021, the BC Supreme Court dismissed a petition seeking the removal of the mayor...
2020
Ministry of Health Not Required to Disclose Location of COVID Cases
A decision last week by BC’s Information and Privacy Commissioner, Michael McEvoy, confirms that the positive duty to disclose information...
2020
Municipal and Provincial Conflicts: Inconsistency or Concurrent Authority?
How far can a local government go before it intrudes on the Province’s jurisdiction? This session delves into the often-litigated and...
2020
Public Hearings: A New Era?
For decades, public hearings have been a reliable source of work for litigators acting against local governments in British Columbia. The...
2020
Local Government Assistance
COVID-19 has placed unprecedented pressure on business. As a consequence, businesses have approached local governments for accommodations...
2020
How are the Courts Approaching the Duty of Care in Negligence Claims Against Local Governments?
Recent decisions indicate that the courts are more reserved in their approach to the question of whether local governments owe a duty of...
2020
Mandatory Face Coverings in Indoor Public Spaces
On November 24, 2020, the Province passed Ministerial Order No. M425/2020 requiring face coverings to be worn in “indoor public spaces” as...
2020
Governance: Conflicts, Codes of Conduct, and Beyond
This session will first delve into council and board member ethical obligations under the Community Charter, with a focus on conflicts of...
2020
ALR Update: What Local Governments Need to Know
The regulations under the Agricultural Land Commission Act have undergone significant and swift recent changes, with potentially...
2020
Land Title Instruments: New (and Old) Issues
As a primer on two statutory tools contained in the B.C. Land Title Act frequently used by local governments: statutory right of ways and...
2020
Report Writing: The Dos and Don’ts
Effective report writing is an essential skill that every local government official must have. This session provides an overview of the law...
2020
Contracts: What’s New (and Old) for Local Governments
For the old, COVID-19 has created a lot of buzz around the concepts of frustration of contract, the operation of contractual “force...
2020
COVID-19: Issues for Local Governments as Employers
In this session, we will discuss employment issues that continue to arise for employers during the COVID-19 pandemic. These include the...
2020
Vavilov: Is it Good for Local Governments?
Russian spies, citizenship revocation, and the illegals program are topics that this session does not cover. Instead, it deals with the...
2020
Overdue Taxes – Options for Collection
Tax sales provide a very effective and efficient method of collecting overdue taxes in most cases. But what about those rare instances in...
2020
Approving Officer Liability
The B.C. Supreme Court has recently confirmed (Goy v. Sechelt (District) 2020 BCSC 1242) that a subdivision approving officer exercising...
2020
Newsletter Volume 31, Number 3 - UBCM Conference Issue
In this UBCM Conference issue:No Liability in Mistaken Up-Zoning Case - Joe ScafeCity Liable after Tenant's Illegal Backyard Fire - Amy...
2020
Variance Application Process under the Employment Standards Act Streamlined for Extensions to COVID-19 Temporary Layoffs
In our previous bulletins dated June 26, 2020 and July 2, 2020, we addressed the provincial government’s extension to the permissible...
2020
City of Surrey Appoints Ethics Commissioner
The City of Surrey has taken the bold move of creating an Office of Ethics Commissioner for the benefit of its Mayor and Council, and its...
2020
COVID-19 Related Temporary Layoffs Extended - Update
In our recent blog post entitled “COVID-19 Related Temporary Layoffs Extended”, we discussed the provincial government’s June 25, 2020...
2020
COVID-19 Related Temporary Layoffs Extended
On June 25, 2020, the provincial government announced that temporary layoffs related to COVID-19 can now extend to a maximum of 24 weeks,...
2020
2020
Province Narrows Previous Relaxations To Local Government Meeting Requirements
On June 17, 2020, the Minister of Public Safety and Solicitor General made Local Government Meetings and Bylaw Process (COVID-19) Order No....
2020
Labour Board Clarifies Temporary Layoff Notice Obligations
Does an employer breach s. 54 of the Labour Code when it temporarily lays off bargaining unit employees? Under s. 54, an employer must...
2020
Minimum Wage Increased to $14.60
As of June 1, 2020, the hourly minimum wage rate in British Columbia was increased to $14.60 per hour. All local government employees must...
2020
Newsletter Volume 31, Number 2 - LGMA Conference Issue
In this LGMA conference issue:BC Court of Appeal Upholds Whistler Tourist Accommodation Bylaws - Alyssa BradleyContractual Obligations and...
2020
Pam Costanzo joins Young, Anderson
We are very excited to announce that Pam Costanzo has joined Young, Anderson effective June 1, 2020. Pam attended law school after...
2020
Province Announces Municipal Financing and Tax Collection Measures in Response to Covid-19 Pandemic
On May 15, 2020, the Province issued Ministerial Order 0159 to assist local governments and ratepayers who may be facing financial...
2020
WorkSafeBC Directs All Employers to Prepare a COVID-19 Safety Plan
As BC makes its first tentative steps to reopen parts of the economy, and to establish the new normal in light of COVID-19, WorkSafeBC has...
2020
Vavilov and Municipalities: There Really is a New Boss
After the Supreme Court of Canada’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, the standard of...
2020
Working from Home – Employer Responsibilities
Although the province has announced plans to reopen businesses in a phased approach, many local government employees will be working from...
2020
Presumption for COVID-19 WorkSafeBC Claims
WorkSafeBC announced on April 30th that COVID-19 will be added to the list of “occupational diseases” in Schedule 1 of the Workers...
2020
Benefits Available For Laid Off Local Government Employees
With so many employees out of work during this COVID-19 pandemic, the availability of benefits and financial programs are continuously...
2020
New Extension to COVID-19 Related Temporary Layoffs
On May 4, 2020, the provincial government passed Order in Council No. 219, which adds an “Exclusions during COVID-19 emergency” section to...
2020
Electronic Public Hearings, The Islands Trust and Improvement Districts
On May 1, 2020, the Minister of Public Safety and Solicitor General issued Ministerial Order M139...
2020
Cyberattacks on the rise with COVID-19
Cybercrime is on the rise as we all grapple with the effects of the COVID-19 pandemic and local governments are not immune to this...
2020
Chief Justice Of BC Now Granted Discretion To Modify Court Rules
Ministerial Order 121/2020, the latest order of Minister Mike Farnworth made under s. 10(1) of the Emergency Program Act, grants the Chief...
2020
Bylaw Enforcement Officers Now Authorized to Issue Tickets for the Unauthorized Resale of Essential Goods and Supplies and Price “Gouging”
This update is to provide local governments with information on recently granted novel powers to enforce provincial orders under the...
2020
Electronic Attendance at Corporate Meetings
On April 21, 2020 the Minister of Public Safety and Solicitor General issued an order under section 10 (1) of the Emergency Program Act...
2020
Ministerial Order M094 – Protection of Liability
On April 2, 2020, the Minister of Public Safety and Solicitor General issued an order under section 10 of the Emergency Program Act...
2020
Property Assessment Appeal Board Extends Appeal Deadline to June 1
On April 2, 2020, the Property Assessment Appeal Board (PAAB) exercised its jurisdiction under Ministerial Order M086 to extend the...
2020
Province Issues Guidance Document for Enforcement of Public Health Orders
Many local governments continue to seek clarity around enforcing the Province’s social distancing recommendations in the face of the...
2020
Province suspends limitation periods for court actions and more
In the latest response to legal implications of the pandemic emergency, the BC government has suspended all limitation periods for court...
2020
Ministerial Order M084: Part 2
Yesterday, the Minister of Public Safety and Solicitor General made several orders under section 10 of the Emergency Program Act that...
2020
Province allows disclosure of personal information outside Canada so local governments can continue operations during the COVID-19 pandemic emergency
Local governments can now temporarily use remote working tools such as video conferencing services to help maintain their operations during...
2020
Province Clarifies Role Of Bylaws Enforcement Officers During COVID-19 Emergency
On March 26, 2020 the Minister of Public Safety and Solicitor General made several orders under section 10 of the Emergency Program Act...
2020
Province Suspends Local States of Emergency
In an effort to ensure coordination between all levels of government in responding to the COVID-19 pandemic, the Province’s Minister of...
2020
Relaxation Of Meeting Rules During COVID-19 Pandemic
Today the Minister of Public Safety and Solicitor General made three orders under section 10 of the Emergency Program Act that affect local...
2020
Ministerial Orders Under the Emergency Program Act
All local governments should be aware of the following three Ministerial Orders made by the Minister of Public Safety and Solicitor General...
2020
Changes to the Employment Standards Act in response to the Covid-19 Crisis
On Monday March 23, 2020, the provincial government held an emergency sitting of the legislature in response to the COVID-19 public health...
2020
COVID-19 - Provincial Options For Modifying Meeting Rules
Pandemics and the need for “social distancing” were not at top of mind when the meeting rules in the Local Government Act and Community...
2020
Revenue Anticipation Borrowing - Being Prepared
This is generally the time when local governments are busy finalizing consultation with the public in relation to their financial plan and...
2020
Extension of Time for Responding to Freedom of Information Requests
The public health emergency in British Columbia has prompted clients to ask us about their responsibility under the Freedom of Information...
2020
Here To Serve You - Young, Anderson Response to COVID-19
Young, Anderson is committed to ensuring the health and safety of every member of our team, their families and our clients. We want to...
2020
Newsletter Volume 31, Number 1
In this issue:BC Supreme Court Upholds New Westminster Renoviction Bylaw - Nick FalzonWho, in Law, is "Government"? - Bill BuholzerDrug...
2020
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,...
2020
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...
2020
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...
2019
Done with Dunsmuir – SCC Re-thinks the Standard of Review
This morning the Supreme Court of Canada released reasons for judgment in a trilogy of cases, including Canada (Minister of Citizenship and...
2019
Supreme Court of Canada Refuses to Hear Appeal in Tender Reprisal Clause Case
Today, the Supreme Court of Canada dismissed the contractor’s application for leave to appeal in J. Cote & Son Excavating Ltd. v....
2019
A Defence of Community Amenity Contributions
During my sabbatical earlier this year I wrote a paper on community amenity contributions (“CACs”). I got a little carried away and the...
2019
Employer Disciplinary Investigations
There has been a lot of focus in the past few years on investigations of bullying and harassment complaints. However, employers are...
2019
Judicial Review: What You Need To Know
Judicial review is the mechanism by which the courts supervise those who exercise statutory powers to ensure that they do not overstep...
2019
Hot Topics in Planning Law
A review of papers delivered at past iterations of this seminar, purporting to address “hot” topics, provides some insight into our firm’s...
2019
Beyond Zoning: PDAs, DPs, Covenants ... And More
To adopt, or not to adopt, that is the question faced by a municipal council member in deciding whether to rezone land. The choice is...
2019
Open and Closed Meetings
The most important and powerful duties and functions of a municipality must be performed and exercised by its council, and an act or...
2019
Privacy and FOI Update
Quite a lot of water has gone under the bridge since our last update on privacy and freedom of information. Our goal here is to highlight...
2019
Local Government Subsidiaries
Municipalities can incorporate by using their natural person powers under section 8(1) of the Community Charter (the “Charter”). Regional...
2019
Caselaw Update and Other Legal News
Recently, there have been a number of significant legislative updates and court decisions that affect local governments. In this paper, we...
2019
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...
2019
Newsletter Volume 30, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Tender "Reprisal Clause" Not Constitutionally Invalid - Joe ScafeCourt of Appeal Reconsiders Dangerous Dog...
2019
No middle ground on dog destruction applications, says Court of Appeal
In Santics v. Vancouver (City) Animal Control Officer, 2019 BCCA 294, the BC Court of Appeal considered the “dangerous dog” framework set...
2019
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...
2019
Newsletter Volume 30, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Beware of the Perils of Overspending: New Local Elections Campaign Financing Provisions Tested in Court...
2019
Newsletter Volume 30, Number 1
In this issue:Wu v. Vancouver: When Making Permitting Decisions, Slow Doesn't Equal Negligent - Guy PattersonCourt Upholds Increased Fee...
2019
Bill Buholzer to become Associate Counsel on July 1, 2019
After 28 years of practicing local government and land use planning law at Young, Anderson, Bill has decided to retire from the firm’s...
2018
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...
2018
Amendments to the Human Rights Code Receive Royal Assent
Bill 50, the Human Rights Code Amendment Act, which re-establishes the British Columbia Human Rights Commission, received royal assent on...
2018
Business Regulation: How Far Can You Go?
In 1994 in a case that raised the scope of the municipal power to regulate businesses under the Municipal Act, Madam Justice Southin put...
2018
Affordable Housing Toolkit Update
This paper discusses some of the potential tools and recent developments to promote affordable housing in British Columbia. The first...
2018
#Whatnow? Sexual Misconduct and the Workplace
The #metoo movement has empowered many people to speak up against sexual assault misconduct. From CBC to Hollywood to Google Inc, sexual...
2018
Planning for Resiliency
Since at least the 1990s, and coinciding with the release of the Brundtland Report and the adoption of the United Nations Framework...
2018
Professional Reliance: A Local Government Perspective
This paper looks at some of the findings contained in the Final Report of the Review of Professional Reliance in Natural Resource...
2018
Cannabis: The Whole Picture
Cannabis regulation is a big topic and hot topic for local governments. October 17, 2018 saw Canada’s Parliament legalize possession of...
2018
All You Need to Know About Parks
When strolling through a beautiful BC park on a Sunday walk, one frequently ponders the nature of the park, articulating fascinating and...
2018
The Ins and Outs of Drainage
The law of drainage, as it applies to local governments in British Columbia, is drawn from two sources: the common law and statute. The...
2018
Expropriation 201
In this paper, we go beyond the general process to be followed by local governments when exercising their expropriation powers and...
2018
Legislation to allow "Ride-Sharing" Proposed by BC Legislature
Local governments will likely be interested in proposed amendments to provincial legislation relating to online platform “ride-sharing”...
2018
Elections Questions? Call us - our E-Team is ready!
In order to assist with the upcoming local government elections, we have a designated team of lawyers to respond to your elections...
2018
Shoreline Works and the Zoning Power
Local governments with shoreline zoning need to be aware of the B.C. Supreme Court’s October 1, 2018 decision in Fonseca v. Gabriola...
2018
Newsletter Volume 29, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Municipal Ban on Single-Use Plastic Bags Upheld by Court - Sabrina Spencer Let's Remake a Deal: New Law...
2018
Supreme Court of Canada to Revisit Dunsmuir
In a 2016 paper, Justice Stratas of the Federal Court of Appeal bemoaned the state of administrative law in Canada, stating: “Our...
2018
Public Input on BC’s ‘Clean Growth Future’ Strategy Open Until August 24
On July 20, 2018, the provincial government released three intentions papers that will be available for comment until August 24, 2018....
2018
New Legislation: Cannabis Production in the Agricultural Land Reserve
On Friday, July 13, 2018, the provincial government made changes to what qualifies as a “farm use” in relation to cannabis production on...
2018
It's in the Bag (For Now): BC Supreme Court Upholds Victoria's Ban on Single-Use Plastic Bags
Across the globe, municipal bans on plastic bags have been met with varying levels of opposition. In Texas, the state Supreme Court, in a...
2018
Cannabis Act Timeline Established
The Prime Minister has announced today that the official date for the coming into force of the federal Cannabis Act will be October 17,...
2018
Newsletter Volume 29, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Missed by a Milestone: Damages Award Against City Upheld in Tendering Case - Joe Scafe BC New...
2018
Giving Local Governments the Information and Tools to Address Rental Housing Shortages
On April 24, 2018, BC’s provincial government introduced two Bills intended to address the issues of housing affordability and lack of...
2018
Expanded job-protected leaves proposed by BC Government
The B.C. government has introduced Bill 6, the Employment Standards Amendment Act, 2018, in the B.C. legislature. This Bill will expand...
2018
British Columbia Supreme Court Confirms Site Profile Opt-Out Means No Development Freeze
In Gibsons Alliance of Business and Community Society v. Town of Gibsons, 2018 BCSC 448, the court has confirmed for those local...
2018
High-Level Insight: Consultation Report on Cannabis Regulations Released
This week, the federal government released a summary report from its public consultation on the proposed approach to the regulation of...
2018
Michael McEvoy appointed next Information and Privacy Commissioner for BC
Michael McEvoy has been appointed the next Information and Privacy Commissioner for BC, effective April 1, 2018. Michael McEvoy is...
2018
Newsletter Volume 29, Number 1
In this Issue: Supreme Court of Canada Expands Protection Against Discrimination in the Employment Context - Carolyn MacEachern...
2018
OIPC Reviewing Local Government Video Surveillance
The OIPC issued a release on February 7, 2018, regarding its concerns about video surveillance by local...
2018
Young, Anderson Welcomes Kathleen Higgins
Young, Anderson is very pleased to announce that, effective February 13, 2018, Kathleen Higgins has joined the firm's partnership....
2018
A Chronic Issue: BC releases details on how cannabis will be sold
On February 5, 2018, the Provincial government released further details about the highly-anticipated legislation to regulate the...
2017
The Honourable Madam Justice Marzari
It is with honour that we advise that our partner, colleague, and friend, Francesca Marzari, was appointed as a Justice of the British...
2017
A Mixed Bag: Cannabis to be sold at Public and Private Stores in BC; Minimum Age is 19
Initial information on how cannabis will be regulated in BC has been released by the provincial government. On December 5, 2017, the...
2017
Legalizing Cannabis: A Joint Effort
With the introduction of the Cannabis Act, the Federal government is proposing the legalization of the recreational use of cannabis....
2017
The Building Act: What You Need to Know
Legislation about building standards would ordinarily warrant, at most, a ‘break-out’ session at a local government law seminar; in...
2017
Water Law: The Water Sustainability Act and More
Water is frequently making headlines in BC. Whether it is too much water—such as the recent flooding in the Okanagan this past spring—or...
2017
Local Government Services and the Human Rights Code
This paper is an update to the 2011 seminar paper “Local Government Services – Striking the Accommodation Balance”. Local governments...
2017
Mastering the Art of Delegation
Tent cities have been all over the news lately, but did you know the Manitoba Court of Appeal in 1919 was called on to consider the...
2017
Tendering Law Update
Tendering is perhaps the most common method used by local governments to procure works and services. Unfortunately for local governments,...
2017
Dealing with Aggressive Members of the Public
Aggression / n. 1. the act or practice of attacking without provocation, esp. beginning a quarrel or war. 2. an unprovoked attack. 3....
2017
Strata Property: A Primer for Local Goverments
Subdivision by way of strata plan is becoming more common each year as developers seek to capitalize on sale of land that is smaller than...
2017
Assessment Appeals: What is the Role for Local Government?
This paper explores the following: 1. Legislation Overview; 2. Considerations on Getting Involved; 3. How to get Involved; and 4....
2017
Court of Appeal un-stops a dock, because it's not a "private moorage facility"
Late last year we reported on a decision of the BC Supreme Court upholding Bowen Island’s refusal of a building permit for a structure...
2017
Newsletter Volume 28, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Do not disturb: Striking a balance between welcoming public spaces and freedom of expression - Stefanie...
2017
A joint effort: Ontario's Proposed Cannabis Retail Model
The Ontario provincial government has released its framework to regulate the use and sale of recreational cannabis. Although additional...
2017
A renewed Human Rights Commission in BC
The provincial government has announced plans to reinstate the B.C. Human Rights Commission. Human rights commissions are typically...
2017
Court Upholds Release of Claims in Mountain Biking Accident
On June 16, 2017, the BC Supreme Court upheld Whistler Mountain Resort Limited Partnership’s release of claims in the case of a mountain...
2017
Retail Cannabis Sales, Post-Cannabis Act Tabling: Still Unlawful
With the recent tabling of the draft Cannabis Act, the current legal state of storefront marijuana dispensaries may seem murkier than...
2017
David Loukidelis QC recognized as Honorary Archivist by the Association of Canadian Archivists
David Loukidelis QC, the firm's associate counsel and a former partner, has been designated as an Honorary Archivist. This award from the...
2017
When the Truth Hurts, but is also a Defence to Defamation
The Ontario Superior Court of Justice has confirmed that when a former employer tells the truth in an employment reference check, they...
2017
Bill Buholzer recognized as the LGMA's 2017 President's Award recipient
The firm is pleased to announce that on May 17, 2017, during this year's LGMA Annual Conference in Penticton, Bill Buholzer was awarded...
2017
Newsletter Volume 28, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Going Green: A First Look at Canada's Proposed Cannabis Act - Elizabeth Anderson The Perils of...
2017
A Hazy Road Ahead: The Proposed Cannabis Act and Local Governments
A new legal landscape for the recreational use of cannabis in Canada has been proposed in the House of Commons. For local governments,...
2017
Newsletter Volume 28, Number 1
In this Issue: Settlement Records Protected from Disclosure in British Columbia - Francesca Marzari Top Ten Tips for Municipalities as...
2017
A Legal Duty to Document?
On March 8, 2017, the Minister of Finance, the Honourable Mr. Michael de Jong, tabled Bill 6, the Information Management (Documenting...
2017
Unrestricted Matters In The Building Act: The Plot Thickens
The Minister of Natural Gas Development and Minister Responsible for Housing and Deputy Premier, whose portfolio includes the Building...
2017
Settlement Records Protected from Disclosure in British Columbia
In its decision released February 28, 2017, the BC Supreme Court has found that settlement records, including negotiated settlement...
2017
Election Upheld Despite Failure to Hold Advance Voting Opportunity
The BC Supreme Court recently upheld a school board trustee election, even though only one of the two statutorily-required advance voting...
2017
Smoke Signals: Cannabis Task Force Report a Sign of What's in Store for Local Governments
The Task Force on Cannabis Legalization and Regulation has released its final report, A Framework for the Legalization and Regulation of...
2016
The SCC Protects Solicitor-Client Privilege from Disclosure to the OIPC in Alberta, but not BC
On Friday, November 25, the Supreme Court of Canada released a decision that protects documents in which solicitor-client privilege is...
2016
Medical Marihuana in the Workplace
An increasing amount of people are being prescribed medical marihuana to deal with various medical conditions and disabilities. Given the...
2016
Managing the Market: The Affordable Housing Toolkit
This paper examines some of the local government powers available to address affordable housing issues in British Columbia. The first...
2016
A User Friendly Guide to New Legislation
In remarks delivered in 2013 to the Council of Canadian Administrative Tribunals, Canada’s Chief Justice described a “revolution” in...
2016
Redrawing the Boundaries Applying the New Human Rights Legislation Locally
Recent changes to the BC Human Rights Code provide explicit protections against discrimination on the grounds of gender identity or...
2016
Contaminated Sites A Local Governments Role
Contaminated sites exist in every community in British Columbia. The role various levels of government play in the identification,...
2016
The 911 on What to do Before the OIPC Calls
This year marks a significant year for local governments and their relationship with the Office of the Information and Privacy...
2016
When is a Highway Really a Highway?
This paper is not about the typical highway, the road recorded in the Land Title Office, named and paved by the local government and...
2016
Allocating Risks Through Releases, Indemnities and Insurance
In an effort to keep legal and insurance costs down, local governments are increasingly seeking indemnities, insurance and releases from...
2016
The A to Z of Local Government Procurement
As we all know, local governments are significant consumers of both goods and services. Local governments purchase a vast array of goods,...
2016
Court sinks another dock, this time for incomplete application
In another decision from the docks of Bowen Island, the BC Supreme Court has sided with the Municipality. In Dong, a case decided earlier...
2016
More breaking news from the mundane world of municipal law: don't pick the cherries
The British Columbia Supreme Court may be poised to adopt a new doctrine in municipal law. In two recent cases, both featuring broad...
2016
Appeal Court sends a message that a local government is unable to regulate mailbox placement.
A local government has lost its fight to regulate the location of Canada Post’s proposed community mailboxes (CMBs). In Canada Post v...
2016
REMINDER - Annual Tax Sale Service Deadline
Now that the leaves have turned, Halloween is in the air and annual tax sales have been completed, it is time for municipal tax...
2016
Christina Reed Returns to Young, Anderson
The firm is pleased to announce that Christina Reed will be returning to the office on October 7, 2016. Christina spent her last year on...
2016
Newsletter Volume 27, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: The Building Act: Unrestricted Matters Revealed - Bill Buholzer Assessor of Area #01 - Capital et al v....
2016
This Just In: Selling marihuana still (mostly) illegal, at least for now, even in British Columbia
In case you were wondering, in Canada, “the operation of a medical marihuana retail dispensary … is currently not allowed within the...
2016
Identification of Contaminated Sites – Changes in Store for Local Governments
The Ministry of Environment has extended the period for stakeholder comments on its Intentions Paper regarding Identification of...
2016
Government Extends Protection under the Human Rights Code to Transgendered Persons
On Monday, July 25, the Legislature gave Bill 27 – 2016 Human Rights Code Amendment Act, 2016 three readings. The Bill amends the Human...
2016
Former BC Government Employee Charged under the Freedom of Information and Protection of Privacy Act
A former employee of the Ministry of Transportation was fined $2,500 under the Freedom of Information and Protection of Privacy Act...
2016
Newsletter Volume 27, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Win for North Saanich on Ability to Tax Nav Canada for Airport Lands is a Win for All Local Governments...
2016
SCC Confirms Exclusive Federal Authority to Regulate Location of Radiocommunication Antenna Systems
The Supreme Court of Canada has given judgment in Rogers Communications Inc. v. Chateauguay (City), 2016 SCC 23, holding that the City...
2016
New Conflict of Interest Exception
The Province has responded to the calls from the UBCM, our office, and others, and enacted a new regulation under the Community Charter...
2016
Court Refuses Temporary Injunction to Remove Homeless Camp in Victoria
On April 5, 2016 in British Columbia v Adamson, the Honourable Chief Justice Hinkson refused to grant the Province an interlocutory...
2016
Newsletter Volume 27, Number 1
In this Issue: Edmonton's Uber-Friendly Bylaw - Michael Moll Reminder: Judgements on Title Must be Renewed Every 2 Years - Don...
2016
Federal Court Quashes New Medical Marihuana Regulations
The state of flux and uncertainty surrounding medical marihuana production and distribution continues with yesterday’s decision of the...
2016
City Councillors May Be Required to Disclose Emails from Personal Accounts in FOI Requests
It is well established that city councillors may be required to disclose emails sent from councillors’ personal email accounts in some...
2016
The new Local Government Act is now in Force
As of January 1, 2016 the revision of the Local Government Act is now in effect. The BC government intends the revision to only...
2015
Building Act Clock Starts Ticking
Some sections of the new Building Act that significantly affect local governments came into force on December 15. Section 5 of the Act...
2015
Proposed revision of the Local Government Act
The proposed revision of the Local Government Act is being made available to the public on various websites. If the drafters of the...
2015
Quebec Councillor Disqualified for Municipal Contract
In British Columbia local elected officials who consider our “ethical conduct” rules to be unduly onerous might take some comfort from a...
2015
Open Season on Integrity: Hunting for the Right Solution for BC
This paper examines the current legislative vacuum in British Columbia in dealing with an elected official’s misconduct. The paper then...
2015
Anatomy of a Workplace Investigation
You have received a complaint of bullying and harassment in the workplace. What do you do? The first step is to review the complaint and...
2015
To Air (BnB) is Human: Regulating the Share Economy
This paper will focus on two of the most prominent businesses utilizing the share economy: ride share services such as Uber, and services...
2015
Conflict of Interest
It is the summer of 1893, Judge Walkem of the British Columbia Supreme Court has ordered that the City of Victoria be prohibited from...
2015
21st Century Works & Services Bylaw
During the last few years, our firm has had the opportunity to review and draft either replacements or revisions to numerous local...
2015
Land Title Search & Rescue: An Overview of Charges, Liens and Interests in Land
Most local government employees will encounter a title search at some point in their careers. It can be an overwhelming experience; a...
2015
FOI and Privacy Update
Access to information and privacy cases are making headlines in British Columbia. This year, from investigations into the use of employee...
2015
Land Use Contracts: Good Riddance or Fond Farewell?
Land use contracts, now destined for execution, are double agents. They are creatures of the Legislature, and therefore public law tools,...
2015
Hot Topics & Caselaw Updates
The year 2015 has seen developments in many areas of interest to local governments, both in the courts and in the realm of shifting...
2015
OIPC Investigates Public Bodies’ Records Retention & Disposal Practices
The Office of the Information and Privacy Commissioner (OIPC) recently released Investigation Report F15-03, based on investigations into...
2015
Abbotsford Bylaws Prohibiting Overnight Camping In Public Places Found Unconstitutional
In Abbotsford City v. Shantz, 2015 BCSC 1909, the Chief Justice of the BC Supreme Court found a number of the City’s bylaws related to...
2015
Newsletter Volume 26, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Canada Post Superboxes: Signed, Sealed, Delivered and Yours? - Francesca Marzari Putting a Price on...
2015
Young Anderson Lawyers Available For Advice During UBCM 2015 Convention
A meeting room has been arranged at the Pan Pacific Hotel for the duration of the UBCM Convention (September 22-24, 2015) to assist...
2015
OIPC clarifies interpretation of s. 25 public interest requirement
In response to the Mount Polley mine tailings pond dam failure in August 2014, the Office of the Information and Privacy Commissioner for...
2015
OIPC's IT Security and Employee Privacy: Tips and Guidelines
The Office of the Information and Privacy Commissioner for BC (“OIPC”) released a guidance document outlining issues employers should...
2015
Land Title Office Stops Registering Notices of Latecomer Agreement
The Land Title and Survey Authority has recently changed its practice and will no longer accept a Form 17 Notice of Excess or Extended...
2015
Canada Post v. City of Hamilton Community Mailbox Placement Fight To Continue
Canada Post is ending all urban door-to-door mail service to five million Canadians in five years. Like any change in government...
2015
Newsletter Volume 26, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Tempest in a TeaPOT? Letters of Intent, Business Licensing and the ALR - Francesca MarzariWorksafe...
2015
Medical Marihuana: Smoking Not Required
On the marihuana file, it seems the federal government can’t win for losing. The Supreme Court of Canada on June 11 released its judgment...
2015
Province Weeds out Pot Prohibitions
On May 7th the Province settled any lingering doubts about the authority of local governments to prohibit the production of medical...
2015
ANNOUNCING THE SECOND IN OUR SERIES OF FREE DAY-LONG SEMINARS - WEST KELOWNA
JUNE 4 - SAVE THE DATE BYLAW DRAFTING, PLANNING & LAND USE MANAGEMENT SEMINAR Young, Anderson will be offering a free day-long...
2015
Taxi War: When Municipalities Can Frustrate Provincial Aims
In recent years, suburban taxis companies have made repeated efforts to obtain operating permits to allow them to meet the significant...
2015
Don't Hype the Belief
In Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16 the Supreme Court of Canada found a municipal bylaw to be inoperative,...
2015
CRTC issues $1.1 million penalty to the first CASL-offender
On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) issued its first penalty under Canada’s...
2015
Newsletter Volume 26, Number 1
In this Issue: Municipal Zoning Restrictions Apply to Moorage and Public Interest Special Cost Awards Limited - Barry Williamson CPR...
2015
ANNOUNCING THE FIRST IN OUR SERIES OF FREE DAY-LONG SEMINARS - NANAIMO, BC
MAY 8 - SAVE THE DATE BYLAW DRAFTING, PLANNING & LAND USE MANAGEMENT Young, Anderson will be offering a free day-long seminar for...
2015
Building Act Phases out Local Building Standards
After more than a decade of consultation the Province has introduced a new Building Act. The Act modifies the current building regulation...
2015
New Workplace Safety Legislation Introduced in BC
On February 11, 2015, the B.C. government introduced legislation to improve workplace health and safety following recommendations from...
2015
Public Hearing Procedures: A New Wrinkle
The B.C. Supreme Court has added a new wrinkle to the extensive case law on procedural fairness in the context of statutory public...
2014
The Tsilhqot'in Nation and Whistler Cases: What Do They Mean for Local Government
This paper deals with the Supreme Court of Canada’s recent landmark decision in the Tsilhqot’in v. British Columbia, the first case in...
2014
The Perils of Labour & Employment Law
Local government employers are well aware of the many perils involved in managing and dismissing employees given the obligations placed...
2014
Working with the AGLG
This paper reviews the statutory basis for the activities of the Auditor General for Local Government, compares that office with similar...
2014
Defamation: What Are Your Rights?
Unlike the officers and employees of a private corporation, as an officer or employee of a local government, you are often in the public...
2014
Hot Topics in Planning Law
2014 has been a year of a number of important court decisions of interest to local governments, several of which are particularly...
2014
FOI Update: A Review of Some "Interesting" FOI Decisions
Access to information legislation, such as the BC Freedom of Information and Protection of Privacy Act (FIPPA), serves an important...
2014
The Tough Issue of Homelessness
Many local governments are faced with tough decisions relating to people living in places not generally intended or safe for human...
2014
Compost, Recycling and Putrescibles (aka C.R.A.P.): Case Studies in Waste Management
Waste is very lucrative these days. Many municipal and regional district bylaws and waste management plans are not equipped to address...
2014
Caselaw Update
This paper summarizes some of the cases of interest from the past 12 months. This paper does not include any comments on the recent,...
2014
Checking Additional References Without Consent When Hiring New Employees Contrary to FIPPA
The Office of Information and Privacy Commissioner (“OIPC”) recently published a guidance document and issued an Order which set out...
2014
Solicitor-Client Privilege-Keeping your legal advice out of the fray
Two recent BCSC court decisions illustrate the fine line that divides conduct that waives solicitor-client privilege and conduct that...
2014
Mandatory Land Title Document Electronic Filing for Local Governments
December 31, 2014 is the last day that local governments with populations of 5,000 or more are permitted to register land title documents...
2014
Elections
With the upcoming local government elections, our lawyers are available to assist you with your election related questions. We have been...
2014
BIG WIN at Supreme Court of Canada!
I am still basking in our big win at the Supreme Court of Canada which established that access to the justice and the courts is a...
2014
Newsletter Volume 25, Number 3 - UBCM Conference Issue
In this UBCM Conference issue: Tsilhqot'in Nation v British Columbia: Aboriginal Title Proven in British Columbia - Gregg Cockrill BC...
2014
OIPC requires public bodies to disclose non-responsive information
Two recent decisions of the Office of the Information and Privacy Commissioner have called into question the practice of many public...
2014
Court of Appeal resolves density conundrum
In the first Court of Appeal decision to address the question of what is “density” for the purpose of interpreting a restriction on the...
2014
Court Of Appeal Confirms That Municipal Councillors Are Officers For The Purposes of FIPPA
In May, 2011, the Provincial Court found that a Prince George Councillor was guilty of breaching section 30.4 of the Freedom of...
2014
Newsletter Volume 25, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: The Land Conservancy Selling Heritage Properties to Pay Debts - Francesca MarzariBill 17: Sweeping...
2014
SCC Clarifies the Broad Definition of “Policy Advice or Recommendations” under FOIPPA
On May 9, 2014, the Supreme Court of Canada dismissed an appeal by an applicant and the Ontario Information and Privacy Commissioner...
2014
Young Anderson welcomes a new associate lawyer
Young Anderson is delighted to announce that Maria Kim has joined Young, Anderson as an associate effective May 20, 2014 after articling...
2014
Court Upholds Prince George OCP and Zoning Amendments Permitting Rural Area Recovery Facility
On May 7, 2014, the Supreme Court of British Columbia released its decision in Pettersen v. Prince George dismissing a challenge to two...
2014
Contract not “legal instrument” under s. 12(3)(a) of FIPPA
On April 15, 2014, the B.C. Supreme Court dismissed a petition for judicial review of an Office of Information and Privacy Commissioner...
2014
Bill 17 Revises Ministerial Approval Requirements
On March 10, 2014, Bill 17, the Miscellaneous Statutes Amendment Act, 2014, was introduced in the Legislature by the Attorney General and...
2014
New Medical Marihuana Regulations Delayed by Court Injunction
On the afternoon of Sunday, March 16, 2014 a large area in the north Langley Township neighbourhood of Walnut Grove was in lockdown as...
2014
Land Use Contracts: Endgame Begins
The provincial government has tabled in Bill 17, the Miscellaneous Statutes Amendment Act, 2014, amendments to the Local Government Act...
2014
Newsletter Volume 25, Number 1
In this Issue:Do you have a Licence for That? Local Government Response to the Decriminalization of Prostitution - Jay...
2014
Reece Harding sabbatical - March 1 to August 31, 2014
The Firm wishes the best to partner Reece Harding as he begins his sabbatical to gain his certification as a mediator from the Justice...
2014
4 Year Terms on the Way
The Provincial government will introduce legislation this spring to change local election terms from 3 to 4 year cycles. If enacted the...
2014
R v. Skakun to be heard at the Court of Appeal in April 2014
In May 2011, Mr. Skakun, a councillor of the City of Prince George, was convicted for a breach of section 30.4 of the Freedom of...
2013
“What’s Density?” - A Common Sense Answer
The BC Supreme Court, in issuing reasons for judgment in Society of Fort Langley Residents for Sustainable Development v. Langley...
2013
Medical Marihuana Update
The issues surrounding the growing and distribution of medical marihuana have been of particular interest to local governments over the...
2013
Privacy Issues in the Work Place
Managing employees has always been complicated and is becoming even more so with the increasing use of technology in the workplace and a...
2013
MMBC: What are the Issues?
In 2004, the Province enacted the Recycling Regulation under the Environmental Management Act to implement a framework for extended...
2013
Repeal, Rescind, Reconsider
As the level of government that is closest to the people, municipalities and regional districts are often the first governments to...
2013
Revitalization Tax Exemptions
Revitalization tax exemptions are currently experiencing a surge in popularity in BC. However, they are not as simple as ordinary...
2013
Controlling Councillor Conduct
This paper will consider the power to, and the processes by which a council may address the misconduct of one of its members. After...
2013
Water Law 101
This paper deals mainly with the difficult question of private ownership of water bodies, while touching briefly on common law rights...
2013
Caselaw Update
Local government law is diverse and the cases that touch on local government issues are no different. The past few years have seen many...
2013
District of Invermere Succeeds in Deer Cull Petition
On October 25, 2013, the B.C. Supreme Court dismissed the Petition of the Invermere Deer Protection Society who were seeking to...
2013
British Columbia Court of Appeal Clarifies Relationship between Local Governments and First Nations
Reece Harding's article: British Columbia Court of Appeal Clarifies Relationship between Local Governments and First Nations has been...
2013
Young Anderson - Premier Host Sponsor - PIBC 2013 World Town Planning Day - Vancouver
Young Anderson is proud to announce its Premier Host Sponsorship of the Planning Institute of BC's 2013 World Town Planning Day -...
2013
Young Anderson welcomes its newest associate Elizabeth Anderson
The Firm is pleased to announce that Elizabeth Anderson has joined us as an associate lawyer. Like her father, Elizabeth will be carrying...
2013
Check out our Conflict of Interest article for the workshop at the UBCM today.
Workshop article: http://www.younganderson.ca/images/uploads/files-documents/bulletins/Client_Bulletin-2013-September-19-fm-Conflict.pdf
2013
Newsletter Volume 24, Number 3 - UBCM Conference Issue
In this UBCM Conference issue:BCSC Upholds Local Government Authority to Regulate Long-Term Moorage - Barry WilliamsonCourt Confirms...
2013
Young Anderson Lawyers Available For Advice During UBCM 2013 Convention
The “Atrium Boardroom” at the Pan Pacific Hotel has been reserved for clients who may wish to meet with any of the firm’s lawyers whilst...
2013
Young Anderson Lawyers Available For Advice During UBCM 2013 Convention
The “Atrium Boardroom” at the Pan Pacific Hotel has been reserved for clients who may wish to meet with any of the firm’s lawyers whilst...
2013
Local Government E-Filing of Land Title Documents
When the Land Title and Survey Authority (“LTSA”) introduced the Electronic Filing System (“EFS”), local governments lost the ability to...
2013
Young Anderson associate headed to University of Toronto
Young Anderson is delighted to announce that Michael Moll has been accepted into the LL.M program at the University of Toronto in the...
2013
SCC Refuses Leave to Appeal in Halalt Case
The Supreme Court of Canada has dismissed Halalt First Nation’s application for leave to appeal the British Columbia Court of Appeal’s...
2013
Supreme Court of Canada Issues Decision Regarding Mandatory Alcohol and Drug Testing
On June 14, 2013, the Supreme Court of Canada upheld a decision of a Board of Arbitration that had struck down the random alcohol testing...
2013
Grit, Gravel and Quarrying
In Peachland (District) v. Peachland Self Storage Ltd., 2013 BCCA 273, the British Columbia Court of Appeal dealt directly with the...
2013
Newsletter Volume 24, Number 2 - LGMA Conference Issue
In this LGMA Conference issue:Medical Marihuana: Health Canada Hits Reset Button - Bill BuholzerThe Perils of Independent Contractor...
2013
Young Anderson associate headed for Columbia University
Young Anderson is delighted to announce that Bryan Jung has been accepted into the LL.M program at Columbia University in New York in the...
2013
Adams Lake Indian Band Denied Leave to Appeal to the Supreme Court of Canada
On April 11, 2013, the Supreme Court of Canada dismissed the application of the Adams Lake Indian Band for leave to appeal from the...
2013
Newsletter Volume 24 Number 1
In this Issue: A Look Back at 2012 - Francesca MarzariCourt of Appeal Rejects Local Government Duty to Consult First Nation - Reece...
2013
Toronto Mayor Remains in Office: Could It Happen Here?
The Ontario Divisional Court’s decision in the matter of the disqualification of Mayor Rob Ford for violating the Ontario Municipal...
2013
Changes in Federal Marihuana Regulation
Late in 2012 the federal Minister of Health announced pending changes in federal policy regarding the production of marihuana for...
2013
Directors of Non-profit Societies in a Conflict of Interest
The Court of Appeal delivered reasons today in Schlenker v. Torgrimson, 2013 BCCA 9, declaring that two elected officials were in a...
2013
Transition to the B.C. Building Code 2012
The new B.C. Building Code was brought into force by B.C. Reg. 264/2012 effective December 20, 2012. There are transitional provisions...
2012
2012 BC Building Code Takes Effect December 20th
The Province’s new Building and Plumbing Code comes into effect December 20, 2012. The new BC Building Code introduces hundreds of...
2012
Local Government and First Nations: The Duty to Consult
In 2004, we presented a paper at this seminar entitled “The Duty to Consult First Nations: Is Local Government Next?”. At that time this...
2012
Employer Obligations: Staying Out of Hot Water
Recent case law and changes to the Workers Compensation Act in relation to bullying and harassment highlight the increasing obligations...
2012
Agreements; The Top 10 List
This paper contains, with no attempt at “Lettermanesque” humour, a “top 10” list of points for consideration with respect to local...
2012
The Land Development Process: From the Legal Perspective
There are several perspectives from which land development can be viewed. For example, the developer’s perspective will include elements...
2012
Contaminated Sites: Liability for Remediation Know the Risks, Manage the Risks
Any local government that owns or occupies land as a landowner, tenant or occupier has exposure to liability for environmental...
2012
Intellectual Property: the Basics
The term “intellectual property” refers to a legal property interest in “creations of the mind”: such things as ideas, music, words,...
2012
Development Approvals Under Part 26: What's New (and What's Old)
Over the past year we have received several questions on the process around considering official community plan bylaws and zoning bylaws...
2012
Financing Municipal Services: A Lawyer, an Engineer, and an Accountant are Driving Down the Road ...
Constructing, expanding, and upgrading municipal services and systems, and particularly capital services such as sewer, drainage, water,...
2012
Ontario Superior Court of Justice Rules Toronto Shark Fin Ban Invalid
On November 30, 2012, the Ontario Superior Court of Justice struck down the City of Toronto’s bylaw banning the possession, sale, and...
2012
Court Declares Toronto Shark Fin Soup Bylaw Invalid
In Reasons for Judgment released today, the Ontario Supreme Court of Justice declared the Toronto Shark Fin Soup Bylaw to be invalid as...
2012
North Cowichan Succeeds Before British Columbia Court of Appeal
On November 22, 2012 the District of North Cowichan was cleared by the British Columbia Court of Appeal to supply groundwater to the...
2012
Court of Appeal Confirms Adequacy of Consultation Regarding North Cowichan Water Project
Note: SCC Refuses Leave to Appeal in Halalt Case. For more details see our July 11, 2013 Blog:...
2012
Cohen Report Cites Problems with RAR Implementation
The report of the Cohen Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River has been released. Given that the...
2012
Property Assessment Appeal Board Finds Nominal Value in Horseshoe Bay Ferry Terminal
In this decision which is sure to cause debate within local government financial circles, the Property Assessment Appeal Board ("PAAB")...
2012
Workplace Computers and Employee Privacy Rights
The Supreme Court of Canada recently released the decision of R. v. Cole about whether a teacher had a reasonable expectation of privacy...
2012
New Limitation Act in force June 1, 2013
Today, the Ministry of Justice announced that the new Limitation Act will take effect on June 1, 2013. The new Act attempts to simply the...
2012
Court of Appeal Rejects Local Government Duty to Consult First Nations
On September 24, 2012 the British Columbia Court of Appeal dismissed the appeal of the Neskonlith Indian Band. The NIB had sought to...
2012
Local Government has no “duty to consult” First Nations
Today, our B.C. Court of Appeal ruled unanimously that a local government does not have a duty to consult First Nations as if it were the...
2012
Newsletter Volume 23, Number 2 - UBCM Conference Issue
In this UBCM Conference Issue: No-Fee Emergency Calls (Taxes Apply), It's Party Time!, Worksafe BC to Adjudicate Claims of Harassment...
2012
Rocky Mountain Land Use Institute Conference
Ray Young and Alyssa Bradley will be speaking in March at the 22nd annual Rocky Mountain Land Use Institute Conference at the Sturm Law...
2012
Local Government Duty to Consult - Case Reserved
On August 15, 2012, our British Columbia Court of Appeal reserved its decision in Neskonlith Indian Band v. City of Salmon Arm. This appeal...
2012
BCCA Clarifies Disclosure Requirements in the Public Hearing Process
On August 14, 2012, the British Columbia Court of Appeal allowed Fisher Road Holdings Ltd.’s appeal in Fisher Road Holdings Ltd. v...
2012
Per Unit Latecomer Charges Restored
The British Columbia Court of Appeal this week reversed the lower court’s decision in Okanagan Land Development Corporation v. City of...
2012
Province Succeeds in Adams Lake Indian Band Appeal
The Province of British Columbia has succeeded in its appeal of the March 2011 B.C. Supreme Court decision where it was found to have not...
2012
Neskonlith Appeal to be Heard August 14 and 15
Reece Harding and Gregg Cockrill are preparing to argue the appeal in Neskonlith Indian Band v. City of Salmon Arm on August 14 and 15 in...
2012
Court of Appeal Clarifies: No Private Law Duty of Care Owed to Applicants in Council Meetings
On July 25, 2012, the BC Court of Appeal dismissed the appeal in P.S.D. Enterprises Ltd. v. New Westminster (City), 2012 BCCA 319....
2012
911 Cost Recovery "Fee" is Unauthorized Tax
In judgment made on July 10, 2012, the BC Supreme Court quashed a City of Nanaimo bylaw because a "fee" under the bylaw was found to be a...
2012
Councillor's Breach of Privacy Conviction Upheld
On July 25, 2012, the British Columbia Supreme Court upheld the conviction of Brian Skakun, a City of Prince George Councillor, for...
2012
Newsletter Volume 23, Number 1 - LGMA Conference Issue
In this LGMA Conference issue: First Nations Consultation ≠ The Crown; Using Legal Services Effectively; Volunteer Firefighter...
2012
Supreme Court Rejects Local Government Duty to Consult First Nations
Since the Supreme Court of Canada’s 2004 decision in Haida Nation v. British Columbia (Minister of Forests), First Nations around the...
2012
National Conference of the Canadian Institute of Planners
Alyssa Bradley and Ray Young are teaming up with Julian Juergensmeyer, Professor of Law, Georgia State University, to present at the...
2012
Supreme Court of Canada Upholds North Cowichan Tax Rates Bylaw
On January 20, 2012, the Supreme Court of Canada delivered unanimous Reasons for Judgment in Catalyst Paper Corp. v. North Cowichan...
2012
Supreme Court of Canada - Catalyst Paper v. District of North Cowichan - Reasons
The Reasons for Judgment in Catalyst Paper Corporation v. Corporation of the District of North Cowichan, heard in the Supreme Court of...
2011
Accessory Uses - Keeping Up With the Times
A standard definition of an accessory use in many zoning bylaws in British Columbia is “customarily incidental to and subordinate to” a...
2011
LGLA's Newly Elected Seminars
Young, Anderson's lawyers participated in four of the LGLA's newly elected seminars in January and February 2012 - Kelowna, Parksville,...
2011
Regulating Business: Where are the Boundaries?
From prohibiting the sale of dogs in pet stores, to medical marijuana “compassion clubs” and body rub parlors, local governments are...
2011
Protection of Privacy: The Other Side of the FOI Coin
The Freedom of Information and Protection of Privacy Act came into force in 1992. The purposes of the Act are expressed in section 2 as...
2011
Local Government Services: Striking the Accommodation Balance
Section 8 of the Human Rights Code (the “Code”) prohibits discrimination on the basis of various enumerated grounds with respect to the...
2011
Local Government Procurement: Beyond "Contract A"
Most local government officials dealing with procurement matters have at least some familiarity with ‘Contract A’. It is also well...
2011
Injurious Affection and Highway Projects
The Court of Appeal’s recent decision in Susan Heyes Inc. dba Hazel & Co. v. Vancouver (City) 2011 BCCA 77 may have relieved some of...
2011
Acquiring and Disposing of Interests in Land
This paper is intended to be a summary of key legal issues concerning the purchase and sale of land by local governments. We will be...
2011
New Challenges in Land Use Regulation
This paper discusses common challenges in land use regulation. One common challenge is federal airport zoning regulations for land in the...
2011
Election Contact Information
We confirm that our lawyers will be available throughout election day on Saturday, November 19 to deal with your election questions.
2011
Definition of Employee for Election Purposes
Employees of a local government who want to run for office with their local government must take a leave of absence during the nomination...
2011
Sukh Manhas and Reece Harding off to the Supreme Court of Canada
Sukh Manhas and Reece Harding appeared in Ottawa from October 13 to 19, 2011, for their appearance before the Supreme Court of Canada in...
2011
Newsletter Volume 22, Number 2 - UBCM Conference Issue
In this UBCM Conference Issue: Some Observations on the Municipal Auditor General, Provincial Consultation Requirements “Aspirational”,...
2011
Aeronautics Act Zoning Regulations
CBC News has recently reported that an overheight building at the Crown Isle Resort development near the Comox Valley airport could limit...
2011
Court of Appeal Scuttles Riparian Area “Variance” Procedure
The B.C. Court of Appeal has held, in a unanimous judgment in Yanke v. Salmon Arm (City), that a hardship-based “variance” process that...
2011
Solar Hot Water Ready Regulation Rolled Out
Effective on June 21, 2011 the Solar Hot Water Ready Regulation is in force. The regulation was made under s. 692 of the Local Government...
2011
Councillor Convicted for Disclosure of Personal Information
In a May 24, 2011 Provincial Court decision in R. v. Skakun a Prince George councillor was found guilty of breaching section 30.4 of the...
2011
Bill Buholzer awarded Distinguished Partnership Award
Bill Buholzer was awarded LGMA's Distinguished Partnership Award at the recent conference in Penticton. The award recognizes Bill's work...
2011
Newsletter Volume 22, Number 1 - LGMA Conference Issue
In this LGMA Conference Issue: How much is that doggie in the window? He’s not for sale anymore, Between a rock and a hard place: Court...
2011
OCP and Consistency
On April 18, 2011, in Residents and Ratepayers of Central Saanich Society v. District of Central Saanich [2011 BCSC 491], the Court held...
2011
Castlegar Successfully Defends Remedial Action
Local governments are becoming increasingly comfortable with the use of remedial action requirements to address nuisance properties in...
2011
The Constitutional Duty to Consult First Nations
In Reasons for Judgment delivered yesterday in the case of Adams Lake Indian Band v. British Columbia, the British Columbia Supreme Court...
2011
No Liability in Nuisance for Canada Line Construction
In a significant decision for local governments, the Court of Appeal reversed the decision of the British Columbia Supreme Court in Heyes...
2011
Rocky Mountain Land Use Institute
Alyssa Bradley and Ray Young spoke at the Rocky Mountain Land Use Institute at the Sturm College of Law in Denver, on March 4, 2011 on...
2011
Young, Anderson Annual Victoria Client Seminar
Young, Anderson held its annual Victoria Client Seminar on February 04, 2011 at the Westin Bear Mountain Resort.
2010
Building Permit Applications and New DCCs
Effective January 1, 2011, the new s. 937.001 of the Local Government Act comes into force, protecting building permit applicants from...
2010
Construction Projects: From Start to Finish
In this paper, we will provide you with techniques in managing risk in contractual relationships for construction projects. The...
2010
Sauce for the Gander: Conflict of Interest for Elected Officials and Employees
Most local government elected officials and employees are aware that the Community Charter contains a comprehensive set of rules with...
2010
Elections - Gearing Up for 2011
The first part of this paper reviews what we think are the top election issues, with our choices based in part on court decisions since...
2010
Telecommunications: Towers of (Federal) Power
While some telecommunication towers, such as the CN Tower, can offer multiple uses and be heralded as a landmark, other telecommunication...
2010
Local Governments and Carbon Offsets
"Allowance units", "compliance units", "emission reduction units", "carbon neutrality", "carbon offsets"...What are these terms and...
2010
Avoiding Labour and Employment Litigation
Many recent cases serve as a good reminder of some general principles that employers can follow to try and avoid litigation or at least...
2010
Legislative Powers Fettering Agreements - The New Kid on the Block
The Supreme Court of Canada's observation that municipalities cannot "sell zoning" in the absence of provincial legislation implementing...
2010
The Growing and Selling of Medical Marijuana: A Local Government's Role
In recent years, medical marijuana dispensaries have been opening up across British Columbia. To date, there are approximately 8...
2010
Young, Anderson Annual Client Seminar - December 3, 2010
Young, Anderson held its annual Client Seminar on December 3, 2010 at the Hotel Vancouver.
2010
Supreme Court of Canada Finds Private Airport Zoning Regulations Inapplicable
In two cases released on October 15, 2010, Quebec v. Lacombe, 2010 SCC 38 and Quebec v. Canadian Owners and Pilots Association (COPA),...
2010
The Latest on Procedural Fairness Requirements in Public Hearings
In Vancouver Island Community Forest Action Network v. Langford 2010 BCSC 1357 the British Columbia Supreme Court left the door ajar on...
2010
Newsletter Volume 21, Number 2
In this Issue: Court OKs process for Surrey civic centre expropriation, What's the big deal about Arkinstall? (Or how to stop worrying...
2010
Bill Buholzer elected as Fellow of the Canadian Institute of Planners
The firm is pleased to announce that Bill has been elected as a Fellow of the Canadian Institute of Planners. Election as a Fellow of...
2010
Bill 11 Tweaks Planning Powers
On June 3, 2010 the Lieutenant-Governor gave Royal Assent to Bill 11, the Miscellaneous Statutes Amendment Act (No. 2), 2010, which...
2010
Riparian Areas Regulations Reviewed by British Columbia Supreme Court
The reasons for judgment released this week in Yanke v. City of Salmon Arm examine the role of the Riparian Area Regulations in a very...
2010
Telling the Whole Story
In Pucci v. City of North Vancouver (2010 BCSC 743 May 26), the Supreme Court set aside a decision to refuse a rezoning, which if adopted...
2010
Court of Appeal Broadens Entry Warrant Requirement
A recent decision of the British Columbia Court of Appeal has significantly narrowed the circumstances under which local governments can...
2010
Court of Appeal Upholds North Cowichan Tax Rates Bylaw
On April 22, 2010, the British Columbia Court of Appeal delivered Reasons for Judgment in Catalyst Paper Corporation v. North Cowichan...
2010
Newsletter Volume 21 Number 1
In this Issue: "Curious" tender clause unenforceable, Tax bylaws not land use planning tools, Catalyst update: Vancouver Island tax...
2010
OCA ruling on municipal representative participation on regional government boards
The Ontario Court of Appeal has recently held that municipal representatives sitting on regional government boards or county boards may...
2009
Victoria v. Adams
The Court of Appeal has upheld the decision of the BC Supreme Court that Bylaws enacted by the City of Victoria to prevent the erection...
2009
Newsletter Volume 20 Number 4
In this Issue: City breaches land use contract, Post-hearing information sinks bylaw, Hornby Island claims rejected, Burnaby licence...
2009
Reducing Liability in Tendering: An Update
The firm’s 2001 seminar included a presentation entitled "Reducing Liability in Tendering". The paper upon which that presentation was...
2009
Recent Decisions of Courts
Virdis v. North Vancouver (City) 2009 BCSC 1118 This challenge to an OCP amending bylaw dealt with whether the rather distinctive...
2009
Public Hearings
We are all very familiar with the requirement of section 890 of the Local Government Act that local governments hold a public hearing...
2009
Nuisance, Negligence and the Canada Line
Local governments make decisions every day that have a direct effect on the profitability of people’s lands. Fundamentally, local...
2009
New Technology and Social Media in the Workplace
Employee use of the internet and email, both at work and at home, raises unique challenges for employers given the proliferation of the...
2009
Is your security worth the paper its written on
Questions frequently arise regarding forms of security that are available for consideration by local governments. This paper will analyze...
2009
How to achieve a successful remedial action
Council has the power under Part 3, Division 12 of the Community Charter to impose a remedial action requirement on a person. The...
2009
Elected Officials - Game Misconduct
In the last year or two, there have been a number of interesting court decisions involving the behaviour of elected officials and their...
2009
The Basics of Expropriation
How does a local government take land without the consent of the owner of the land? This paper outlines, in very general terms, the...
2009
Appointment and Powers of Bylaw Enforcement Officers
On more than one occasion we’ve been asked about the validity of a specific individual’s appointment as a bylaw enforcement officer. The...
2009
North Cowichan Wins Battle Over Catalyst Tax Bill
Municipalities can breathe a sigh of relief with the release on Friday, October 16, 2009 of the Supreme Court of British Columbia's...
2009
Newsletter Volume 20 Number 3
In this issue: Councillor charged with privacy offence, Candidate fraud invalidates election, OCP consistency rule hardened?, Human...
2009
Newsletter Volume 20 Number 2
In this Issue: Provincial consultation with local governments - a matter of principle? Consultation failure invalidates Island bylaws,...
2009
Client Bulletin - Number 40
On April 9, 2009, the B.C. Supreme Court released its decision in Barnet v. Cariboo Regional District (2009 BCSC 471), striking down the...
2009
Newsletter Volume 20 Number 1
In this issue: No Charter protection for sidewalk encroachments, Municipal access agreements: CRTC allows road degradation fees,...
2008
Newsletter Volume 19 Number 4
In this Issue: Development permits - possibilities and limitations, Court upholds Metro Vancouver air quality controls, Mobile home park...
2008
Smut, Smoking and Skinny Dipping: Avoiding "Criminal" Bylaws
Certain matters, such as pornography, nudity and drugs, have inspired municipalities to adopt bylaws that resemble criminal law. Such...
2008
Strata Development 101
Why Should I Learn About Strata Property? Not only is it quite possible that you will own strata property at some point in time, but as a...
2008
Regulations of Highways and Parks
Municipalities have the unique position of being custodians of important community property resources: the network of highways, parks,...
2008
Recent Decisions of the Courts
Martin v. Vancouver (City) 2008 BCCA 197 This was the first judicial decision to consider the power of a BC municipal council to...
2008
Everything You Ever Wanted to Know About Navigable Waters, But Were Too Afraid To Ask
Reference to the federal head of power over "shipping and navigation" is enough to put a chill through otherwise intrepid local...
2008
Investigating and Enforcing Bylaws
The ability to investigate bylaw infractions and to enforce bylaws are both central to a local government's authority. This paper will...
2008
Good News For Employers
Based on a review of the cases we have discussed over the past few years, local government employers may recall receiving various...
2008
Going Green, The New B.C. Legislation
It is difficult to decide which aspect of the "climate change" problem, whose existence is being denied by an ever-diminishing number of...
2008
Assistance
Local governments are subject to various rules and restrictions regarding their ability to provide financial assistance to other persons,...
2008
Client Bulletin - Number 39
The majority of our clients may have greeted the decision in Victoria (City) v. Adams, 2008 BCSC 1363 with a mixture of dismay and...