Articles & Publications

Publication, Students | |

Bill M 223— Prompt Payment Legislation in British Columbia

As published in Northern Construction Connection October 2019 Newsletter

On May 29, 2019, a member of the opposition party in British Columbia (Liberal House Leader, Mary Polak), introduced Bill M-223 (the Prompt Payment (Builders Lien) Act).

Bill M-223 aims to modernize the existing Builders Lien Act and to bring British Columbia in line with other jurisdictions that are introducing prompt payment reforms, including Ontario, Nova Scotia, Saskatchewan, Manitoba, New Brunswick, and Quebec. The underlying objective of prompt payment legislation is to ensure that those who provide services or materials to a construction project are paid in a timely manner. The stated intention is to minimize payment disputes and unnecessary financial hardships associated with late payment…

 

 

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Article, Students | |

Local Government Decision-Making: A Reminder on the Duty of Procedural Fairness

The duty of procedural fairness concerns the processes that must be followed before, during, and after a decision is made. For local governments, this means ensuring that decisions are made within the scope of its authorizing legislation, acknowledging the role that the public participatory process serves in the ultimate decision that is to be made, and complying with conditions established in common law standards of procedural fairness. Courts may look at requirements such as: clear communication; timeliness; proper record-keeping; proper notice; clear reasons for the decision; and providing an opportunity for the applicant to be heard and present their case…

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