Client Bulletins 2021
December 2021
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...
November 2021
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
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,...
October 2021
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...
September 2021
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
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...
August 2021
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...
July 2021
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...
June 2021
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...
May 2021
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...
April 2021
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...
March 2021
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...
February 2021
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...
January 2021
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...