Articles & Publications

Publication, Staff | July 9, 2025 | Kai Hsieh

An Update to the Housing Supply Act – Directives and Further Consequences

Over the last two years, we have published several articles on British Columbia’s Housing Supply Act (the “Act”), tracking its enactment, the creation of associated regulation, and the imposition of housing target orders on various municipalities in the Province. Most recently, in response to advisor reports under the Act, the Minister of Housing and Municipal Affairs (the “Minister”) has proposed to issue directives to the District of Oak Bay (“Oak Bay”) and the District of West Vancouver (“West Vancouver”) requiring the amendment of various land-use bylaws and plans.

As published in the NRCA’s Northern Construction Connection July 2025 Newsletter and VICA’s e-New.

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Publication, Staff | June 11, 2025 | Kyle Laplante

B.C.’s Infrastructure Projects Act: Impact on Local Government Approvals

Bill 15, otherwise known as the Infrastructure Projects Act (the “Act”), received royal assent on May 29, 2025. The British Columbia provincial government (the “Province”) has described this legislation as helping deliver “… the critical infrastructure projects people need – faster”. Although the Act has yet to come into force – it requires a regulation of the Lieutenant Governor in Council to do so – this article explores how the Act may impact local government land use regulation and development powers.

As published in the NRCA’s Northern Construction Connection June 2025 Newsletter and VICA’s e-New.

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Publication, Staff | May 14, 2025 | Marcela Swan

The Tender Process – Owner Obligations after Award, but before Formal Execution of the Tendered Contract

In a tender process the contractual obligations that arise after a contract is awarded but before it is formally executed are often overlooked or misunderstood by the tendering owner. A mistaken belief that there is no Contract B during this interim period could result in a breach of contract.

As published in the NRCA’s Northern Construction Connection May 2025 Newsletter and VICA’s e-New.

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Publication, Staff | April 9, 2025 | Aidan Andrews

Builders Lien Basics II: Tenants, Deemed Authorization, and Notices of Interest

A builder’s ability to protect its interest in work on a property by registering a lien on title can be complicated where that work is done not at the request of the owner, but at the request of a tenant. In balancing the parties’ competing rights, the Builders Lien Act permits an owner to disclaim any responsibility for work it did not request. In the case of an unregistered lease, a builder may lose the chance to protect its interest with a lien entirely.

As published in the NRCA’s Northern Construction Connection April 2025 Newsletter and VICA’s e-New.

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Publication, Staff | March 13, 2025 | Kai Hsieh

Discharging a Section 219 Covenant Without the Grantee’s Permission: An Application of Section 35 of the Property Law Act

Section 219 of the Land Title Act permits special covenants to be registered in the Land Title Office on title to land. These covenants (known as “Section 219 Covenants”) can only be granted in favour of specific organizations and entities. Section 219 Covenants must be in respect of the use of land or a building on or to be erected on land and, unlike common law covenants can impose positive obligations as well as restrictions on the landowner.

As published in the NRCA’s Northern Construction Connection March 2025 Newsletter and VICA’s e-New.

 

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Publication, Staff | February 12, 2025 | Kyle Laplante

Tariffs from the Contractual Perspective

In February 2025, after weeks of looming threats, the Trump administration announced its decision to impose a 25% tariff on Canadian imports, citing border security concerns. In retaliation, Prime Minister Justin Trudeau announced a reciprocal 25% tariff on American imports. Tariffs, both threatened and realized, stand to cause considerable strain on the construction industry…

As published in the NRCA’s Northern Construction Connection February 2025 Newsletter and VICA’s e-New.

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Publication, Staff | January 8, 2025 | Marcela Swan

Shop Drawings v. Contract Documents

There is a common misconception among owners and contractors that shop drawings are part of the contract documents under a typical CCDC construction contract. This misconception can affect the parties’ understanding of their contractual responsibilities and result in unintended legal consequences.

As published in the NRCA’s Northern Construction Connection January 2025 Newsletter and VICA’s e-New.

 

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Publication, Staff | November 13, 2024 | Kai Hsieh

Section 219 Covenants and Statutory Building Schemes on Upzoned Properties

When a local government “zones” property, they are, by bylaw, regulating the use, density and size of land and buildings within an area (or a “zone”), as permitted and in accordance with the Local Government Act. And for decades, the province has done little to interfere with the relatively free rein local governments have had in determining how properties are zoned.

As published in the NRCA’s Northern Construction Connection November 2024 Newsletter and VICA’s e-New.

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Publication, Staff | October 10, 2024 | Kyle Laplante

Cancellation and Rescission Rights Within Construction Contracts

Although developers continue to submit project proposals to strengthen local economies and increase affordable housing, there is a growing trend in which development projects are being cancelled. Readers will likely be familiar with a contract coming to a premature end because a party terminates the contract.

As published in the NRCA’s Northern Construction Connection October 2024 Newsletter and VICA’s e-New.

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