B.C. Court of Appeals Reclaims Provincial Rights in Mining Case

The B.C. Court of appeals has again issued a ruling delineating between local and provincial rights.

 

The Appellants owned and operated a rock quarry within the boundaries of the CVRD, pursuant to a mine permit issued by the Province. Initially, the operator backfilled the cavity created by the extraction of the aggregate using “clean” soil.  Continue reading

Is the EMA Regime Inconsistent with Sustainable Waste Management Principles?

By Adrienne Atherton and Emily McClendon
Valkyrie Law Group LLP

Is the EMA Regime Inconsistent with Sustainable Waste Management Principles?

Over the last few decades, local governments have been making progress towards sustainable solid waste management by closing incinerator sites and reducing the amount of solid waste that goes to landfills through programs for composting and recycling.  Despite this progress, local governments have been and continue to contend with old incinerator sites and old and current landfill sites, and their associated liabilities.  Continue reading

Conflict of Interest – Regulatory Exemption

In response to the B.C. Court of Appeal decision in Schlenker v. Torgrimson (2013) (“Schlenker decision”) which found elected officials to be in a pecuniary conflict of interest by participating in financial decisions in their simultaneous roles as directors of societies and elected local government officials, the Province on April 14, 2016 adopted a regulation which prescribes an exemption from the conflict of interest rules in the Community Charter. Continue reading

LEGAL UPDATE: BILL 3 – BUILDING ACT

LEGAL UPDATE 

BILL 3 – BUILDING ACT

 

On March 25, 2015, the Building Act received Royal Assent.  The purpose of the new legislation is to address historical anomalies in the application of the BC Building Code and local government bylaws, and to provide for a more consistent regulatory process across the province by (1) streamlining building requirements, (2) establishing mandatory qualifications for building officials, and (3) expanding provincial review of innovative building proposals. Continue reading

Tsilhqot’in Nation v. British Columbia, 2014 SCC 44

Case Comment

Tsilhqot’in Nation v. British Columbia, 2014 SCC 44

On June 26, 2014 the Supreme Court of Canada concluded the Tsilhqot’in Nation had established aboriginal title to a defined geographic area within British Columbia.  The case is of significance for the scope of rights inherent in the establishment of aboriginal title, and the nature of future provincial, federal and First Nation relationships.

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Greater Vancouver (Regional District) v. Langley (Township) 2014 BCSC 414

Case Comment: Greater Vancouver (Regional District) v. Langley (Township) 2014 BCSC 414

The BC Supreme Court recently ruled on a dispute between two local governments and their respect jurisdiction over land use planning.  In Greater Vancouver (Regional District) v. Langley (Township), 2014 BCSC 414, the GVRD challenged the legality of an OCP bylaw amendment (“Bylaw”) adopted by Langley in 2013 which creates a University District and authorizes development of a residential subdivision on land within an area designated as “Green Zone”,  the boundaries of which were determined by local governments during the development of GVRD’s “liveable regions” strategic plan (“Strategic Plan”). Continue reading