Lawyers

Bill Buholzer

Recent Publications

07Mar
2023
Newsletter

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...

20Jan
2023
Client Bulletins

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...

06Dec
2022
Client Bulletins

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...

18Nov
2022
Seminar Papers

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...

08Nov
2021
Client Bulletins

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,...

29Sep
2021
Client Bulletins

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...

13Sep
2021
Newsletter

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...

16Jun
2021
Newsletter

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...

17Feb
2021
Client Bulletins

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...

26Nov
2020
Seminar Papers

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...

02Oct
2020
Client Bulletins

Approving Officer Liability

The B.C. Supreme Court has recently confirmed (Goy v. Sechelt (District) 2020 BCSC 1242) that a subdivision approving officer exercising...

03Jun
2020
Newsletter

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...

12Mar
2020
Newsletter

Newsletter Volume 31, Number 1

In this issue:BC Supreme Court Upholds New Westminster Renoviction Bylaw - Nick FalzonWho, in Law, is "Government"? - Bill BuholzerDrug...

24Nov
2018
Seminar Papers

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...

02Oct
2018
Client Bulletins

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...

07Sep
2018
Newsletter

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...

28Nov
2017
Seminar Papers

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...

25Sep
2017
Newsletter

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...

17May
2017
Blog

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...

20Mar
2017
Newsletter

Newsletter Volume 28, Number 1

In this Issue: Settlement Records Protected from Disclosure in British Columbia - Francesca Marzari Top Ten Tips for Municipalities as...

26Sep
2016
Newsletter

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....

03Aug
2016
Client Bulletins

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...

15Dec
2015
Client Bulletins

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...

11Dec
2015
Blog

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...

07Dec
2015
Client Bulletins

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...

30Nov
2015
Seminar Papers

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...

19Jun
2015
Newsletter

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...

11Jun
2015
Blog

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...

09Mar
2015
Newsletter

Newsletter Volume 26, Number 1

In this Issue: Municipal Zoning Restrictions Apply to Moorage and Public Interest Special Cost Awards Limited - Barry Williamson CPR...

17Feb
2015
Client Bulletins

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...

29Jan
2015
Client Bulletins

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...

01Dec
2014
Seminar Papers

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...

29Sep
2014
Newsletter

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...

04Jul
2014
Client Bulletins

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...

12Jun
2014
Newsletter

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...

27Mar
2014
Client Bulletins

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...

19Mar
2014
Client Bulletins

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...

10Mar
2014
Newsletter

Newsletter Volume 25, Number 1

In this Issue:Do you have a Licence for That? Local Government Response to the Decriminalization of Prostitution - Jay...

12Dec
2013
Client Bulletins

“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...

02Dec
2013
Seminar Papers

Repeal, Rescind, Reconsider

As the level of government that is closest to the people, municipalities and regional districts are often the first governments to...

11Jun
2013
Newsletter

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...

12Mar
2013
Newsletter

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...

25Jan
2013
Client Bulletins

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...

16Jan
2013
Client Bulletins

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...

11Jan
2013
Client Bulletins

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...

03Dec
2012
Seminar Papers

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...

01Nov
2012
Client Bulletins

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...

24Sep
2012
Newsletter

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...

08May
2012
Newsletter

Newsletter Volume 23, Number 1 - LGMA Conference Issue

In this LGMA Conference issue: First Nations Consultation ≠ The Crown; Using Legal Services Effectively; Volunteer Firefighter...

02Dec
2011
Seminar Papers

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...

21Sep
2011
Newsletter

Newsletter Volume 22, Number 2 - UBCM Conference Issue

In this UBCM Conference Issue: Some Observations on the Municipal Auditor General, Provincial Consultation Requirements “Aspirational”,...

21Jul
2011
Client Bulletins

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...

05Jul
2011
Client Bulletins

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...

23Jun
2011
Client Bulletins

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...

15Dec
2010
Client Bulletins

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...

03Dec
2010
Seminar Papers

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...

24Jun
2010
Client Bulletins

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...

01Sep
2009
Newsletter

Newsletter Volume 20 Number 3

In this issue: Councillor charged with privacy offence, Candidate fraud invalidates election, OCP consistency rule hardened?, Human...

01Jun
2009
Newsletter

Newsletter Volume 20 Number 2

In this Issue: Provincial consultation with local governments - a matter of principle? Consultation failure invalidates Island bylaws,...

01Mar
2009
Newsletter

Newsletter Volume 20 Number 1

In this issue: No Charter protection for sidewalk encroachments, Municipal access agreements: CRTC allows road degradation fees,...

01Dec
2008
Newsletter

Newsletter Volume 19 Number 4

In this Issue: Development permits - possibilities and limitations, Court upholds Metro Vancouver air quality controls, Mobile home park...

01Nov
2008
Seminar Papers

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...