Articles & Publications

Article, Publication, Staff | January 12, 2023 | Eugenia Adamovitch

New Energy Efficiency Requirements under the BC Building Code

The BC Energy Step Code is a provincial building standard incorporated within the BC Building Code (BCBC) that provides an incremental approach to achieving more energy efficient buildings that go above the base requirements of the BCBC. The Energy Step Code is designed to slowly introduce and increase mandated efficiency requirements so that local authorities and the construction industry can adapt to the process in a management way.

The standard was first introduced in 2017 as a voluntary, compliance-based roadmap that both local government and industry could choose to use to incentivize or require builders to meet a level of energy efficiency in new building construction. Managing Partner, Sonia Sahota, wrote an article about these standards when they were first introduced. That article can be found here.

However, beginning in early 2023, all new buildings constructed in BC will be required to be 20 percent more energy efficient than those built to the requirements of the 2018 BCBC. This article looks at the updates and changes being made under the BCBC. 

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Publication, Students | December 7, 2022 |

Applications and Implications of the new Housing Supply Act

On November 24, the provincial government introduced into law the Housing Supply Act (the “Act”). Though it is not expected to come into effect until the spring of 2023, we write to provide an overview for readers that may be impacted.

In brief, the Act empowers the Minister of the soon-to-be-established Ministry of Housing to issue orders setting housing targets. The targets may be for the availability or affordability of housing, and they will apply to a specific municipality. The Act also sets out escalating steps that the Province may take against municipalities to enforce the housing targets applicable to such municipalities.

As published in the NRCA’s Northern Construction Connection December 2022 Newsletter, and VICA’s e-New.

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Publication, Staff | November 23, 2022 | David Giroday

Regulatory Requirements for Municipal Utility Corporations: Recommendations from the British Columbia Utilities Commission

In recent decades local government utility corporations have proliferated in British Columbia and provided a mechanism through which municipalities and regional districts have been able to provide energy utility services to its residents through a legally distinct corporate entity owned and operated by the local government.

With local governments increasingly electing to exercise their statutory authority under section 185 of the Community Charter to incorporate local government corporations as a vehicle through which they can provide energy utility services to its residents, inquiries into whether such local government corporations may be regulated under the Utilities Commission Act (the “Act”) or are exempt from its statutory requirements became a priority for the British Columbia Utilities Commission (the “Commission”).

On November 10, 2022, the Commission released the stage 1 report (the “Report”) of the Inquiry into the Regulation of Municipal Energy Utilities. The Report addresses (1) whether a local government corporation wholly owned and operated by a local government and providing energy utility services exclusively within that local government’s boundaries, meets the municipal exclusion set out in the Act and (2), if not, whether the provision of such energy services should be regulated under the Act.

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Publication, Staff | November 10, 2022 | Sara Gray

Bidders Beware: Information Submitted in Response to an RFP may be Disclosed

Under the Freedom of Information and Protection of Privacy Act, RSBC 1996, c. 165 (“FIPPA”), members of the public may request access to records held by a public body (“records”).

To balance the objectives of making records accessible and protecting privacy rights of individuals and corporations, section 21(1) of FIPPA sets out a three-part test to determine when the head of the public body must refuse to disclose requested information.

While this article deals with section 21(1)(b), section 21(1)(a) and section 21(1)(c) also must be satisfied. The specific considerations under those sections are significant enough warrant their own article. This article will deal exclusively with section 21(1)(b).

As published in the NRCA’s Northern Construction Connection November 2022 Newsletter, and VICA’s e-New.

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Publication, Staff | October 12, 2022 | Eugenia Adamovitch

Upcoming Changes to B.C.’s Soil Relocation Regime

The Ministry of Environment and Climate Change Strategy in British Columbia (the Ministry) is set to bring in new requirements for soil relocation through amendments to the Environmental Management Act (EMA) and the Contaminated Sites Regulation (CSR). This article will briefly examine the evolving regulatory environment by setting out the Ministry’s new proposed process for regulating the relocation of both contaminated and uncontaminated soils.

As published in the NRCA’s Northern Construction Connection October 2022 Newsletter, and VICA’s e-New.

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Publication, Students | September 20, 2022 |

The Tale of Strict Compliance and Minor Technicalities in a Lien Claim

Lien legislation protects those parties that have contributed to an improvement and may not otherwise have recourse against the land owner due to a lack of contract or other legal entitlement. However, the protections afforded by the legislation must be obtained through exercising strict compliance with the law. As a recent Ontario case demonstrates, even seemingly minor technicalities can operate to bar a claimant from recovery.

As published in the NRCA’s Northern Construction Connection September 2022 Newsletter, and VICA’s e-New.

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Publication, Staff | August 18, 2022 |

The Fine Line Between Bid Repair and Bid Clarification: Permissible Post-Closing Conduct for Bidders and Procuring Entities

In June, we published an article addressing non-compliance and substantial compliance of tender bids. In that article, we discussed the need for bids to be compliant to give rise to Contract A—the bid contract. The requisite compliance, while assessed objectively, can vary depending on the express terms and conditions contained in the tender documents.

This article will examine situations when seeking clarification from a bidder post-closing may be permitted and when such conduct may constitute bid repair.

As published in the NRCA’s Northern Construction Connection August 2022 Newsletter, and VICA’s e-New.

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Publication, Students | July 8, 2022 |

The Future of Builder’s Lien Law

The BC Court of Appeal recently clarified builder’s lien law in JVD Installations.1 The court also hinted at ways the law may develop in the coming years. The decision has significant implications for both owners and builders. So, let’s dig into what the decision says. Then, let’s discuss what it means and how you can prepare.

As published in the NRCA’s Northern Construction Connection July 2022 Newsletter, and VICA’s e-New.

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Publication, Staff | June 10, 2022 | Marcela Ouatu and Sonia Sahota

Non-compliance and Substantial Compliance of Tender Bids

One of the frequent issues that comes before courts in the tendering context is whether a tender bid is compliant with the tender documents. There are considerable legal implications arising from a determination that a bid is not compliant.

While in other business contractual relationships an irregularity in the contract documents may be reasonably ignored by the parties, in the tendering context irregularities have greater significance due to the unique legal framework of tendering. In order to uphold the fairness and integrity of the tendering process the law requires that only compliant bids be considered for award. In this article, we discuss the general principles that apply in a compliance assessment.

As published in the NRCA’s Northern Construction Connection June 2022 Newsletter, and VICA’s e-New.

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Publication, Staff | May 13, 2022 | David Giroday

The Return of Compulsory Certification in the Trades: The Skilled Trades BC Act and Impacts to British Columbia’s Construction Industry

Big changes are on the horizon for trade professionals and the construction industry in British Columbia following the enactment of the Skilled Trades BC Act (the “Act”) on March 10, 2022. The Act will replace the current Industry Training Authority Act. The current legislation is responsible for creating the “Industry Training Authority”, which has been the Crown agency responsible for managing and supporting trade training and apprenticeships in the province since 2003. This Crown agency will be transformed into the “SkilledTradesBC” (the “Corporation”) by the new Act. The Corporation will be responsible for the creation of a compulsory skilled trades certification regime for a number of trade professions. 

As published in the NRCA’s Northern Construction Connection May 2022 Newsletter, and VICA’s e-New.

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