Recent Publications
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
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
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...
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
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
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
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
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...
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
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 2 - LGMA Conference Issue
In this LGMA conference issue:BC Court of Appeal Upholds Whistler Tourist Accommodation Bylaws - Alyssa BradleyContractual Obligations and...
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...
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
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...
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
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
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 1
In this Issue: Settlement Records Protected from Disclosure in British Columbia - Francesca Marzari Top Ten Tips for Municipalities as...
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
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...
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
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
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
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
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
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
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
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
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
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
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
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...
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
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
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
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
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
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
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
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
Newsletter Volume 23, Number 1 - LGMA Conference Issue
In this LGMA Conference issue: First Nations Consultation ≠ The Crown; Using Legal Services Effectively; Volunteer Firefighter...
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
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...
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
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
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...
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
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
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...