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 examine three legislative updates and two court decisions that every local government should be aware of, and understand the implications of, as follows:

  • Bill 41 – Declaration on the Rights of Indigenous Peoples Act – British Columbia recently became the first province to begin implementation, through legislation, of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”). As we transition into the era of reconciliation, it is important for local governments to understand the legal principles at work between local governments and First Nations.
  • Passenger Transportation Regulation Amendments – New regulations came into force this year that support the full implementation of online platform “ride-sharing” services, such as Uber and Lyft, in British Columbia.

  • Cannabis Regulations Amendments – The legalization of non-medical cannabis is entering its second phase, which will permit the sale of three new classifications of cannabis products, including edible cannabis such as baked goods and beverages.

  • Canadian Plastic Bag Association v. Victoria (City), 2019 BCCA 254 – In July, the BC Court of Appeal ruled in favour of the plastic bag industry, quashing a business regulation bylaw enacted by the City of Victoria that prohibited businesses from providing plastic shopping bags to its customers.

  • Buechler v. Island Crisis Care Society, 2019 BCSC 1899In November, the British Columbia Supreme Court held that a temporary supportive housing development was not subject to municipal zoning bylaws.

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