As of August 1st, 2024, the new Fire Safety Act is in force, replacing the former Fire Services Act. The Fire Safety Act received royal assent in 2016 but was not brought into force until now due to concerns about regional districts’ capacity to take on fire inspection duties. Local governments will be interested in several features of the legislation.
Articles & Publications
Publication, Staff | September 15, 2021 |
Modern Means Of Communication
You may be legally bound by your casual texts.
In the current times, the concept of “wet ink” writing is no longer the norm. With the proliferation of technology, the law tries to keep up and allows a broader interpretation to statutory and contractual requirements that a document be in writing to accommodate the reality of the modern means of communication.
As published in the NRCA’s Northern Construction Connection September 2021 Newsletter, and VICA’s e-News.
Article, Staff | August 10, 2021 |
Legal Constraints on the Freedom of Contract
On July 19, 2021, the Supreme Court of British Columbia found that the City of New Westminster’s termination of a private licence agreement to rent its facility, infringed the Redeemed Christian Church of God, also known as the Grace Chapel’s Charter right to freedom of expression, and may have infringed its right to freedom of religion in Redeemed Christian Church of God v. New Westminster (City), 2021 BCSC 1401.
Publication, Staff, Students | May 15, 2021 |
Under Construction: Concurrent Delay Claims and the Courts
Though construction contracts require projects to be completed within a specific time frame, many issues may arise during construction that cause delays in the work.
As published in the NRCA’s Northern Construction Connection May 2021 Newsletter, and VICA’s eNews.
Publication, Staff | March 12, 2021 |
The Operating Principle of “Good Faith” in Construction Contracts – Part III
As published in Northern Construction Connection March 2021 Newsletter – Part II of The Operating Principle of “Good Faith” in Construction Contracts.
The Supreme Court of Canada (SCC) rendered its judgement in the case of Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District on February 5, 2021.
Publication, Staff | February 16, 2021 |
Effective February 2021: New Rules May Apply for Local Government Approvals for Zoning, Subdivision, and Development or Building Permits
Amendments to the Environmental Management Act and Contaminated Sites Regulation
Changes to the Environmental Management Act (Bill 17) and Stage 13 Contaminated Sites Regulation (CSR) amendments came into force on Monday, February 1, 2021.
As published in Northern Construction Connection February 2021 Newsletter.
Publication, Staff | January 18, 2021 |
The Operating Principle of “Good Faith” in Construction Contracts – Part II
SCC Judgment: C.M. Callow Inc. v Zollinger – The Exercise of Termination Clauses
As published in Northern Construction Connection January 2021 Newsletter – Part II of The Operating Principle of “Good Faith” in Construction Contracts
The Supreme Court of Canada (SCC) rendered its judgment in the case of C.M. Callow Inc. v Zollinger on December 18, 2020.
Article, Students | December 5, 2020 |
1909988 Ontario Limited v. North Cowichan (Municipality), 2020 BCSC 1666
Unlike the courts, administrative decision makers, such as local governments, do not have to follow their previous decisions. This has caused inconsistency amongst decisions and courts have criticized such unpredictability.
Article, Students | July 17, 2020 |
Requesting ID – Bylaw Enforcement Officers’ Scope of Authority
At one time, it was widely believed in the local government bylaw enforcement community that bylaw enforcement officers did not have the power to require identification. Although identification is often necessary to issue a violation ticket, there remained uncertainty around whether individuals were obligated to provide such information. Refusals were commonplace. However, bylaw enforcement officers are in fact empowered to request identification and such refusals may be contrary to law. We discuss the scope of bylaw enforcement officers’ authority to request identification below…
Article, Staff | March 26, 2020 |
COVID – 19: Can B.C. Local Governments Hold Meetings Online?
March 26, 2020 UPDATE
For the duration of the provincial state of emergency (which means it is retroactive), local governments are not required to have the public attend and do not need to comply with the Community Charter or Local Government Act requirements for electronic meetings or participation by Council or Board members by electronic means…..