Articles & Publications

Article, Staff | |

Legal Issues in Municipal Tax Sales

Tax sales have been a municipal collection remedy in British Columbia for over a century. More recently, tax sales of property in Penticton, Spallumcheen and Pemberton have illustrated the significant financial and emotional consequences to owners, and the significant financial and political risk to municipalities, that can arise from owners misunderstanding the tax sale process or being unaware that their property has been sold. The court has also recently considered the interplay between Aboriginal title and tax sales.

As presented at the GFOABC Annual Conference May 26, 2026, by Michael Moll.

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Article, Staff | |

When Tax Collection Goes Wrong

The collection of property taxes from ratepayers is a core function of British Columbia municipalities. Most of the time, taxes are imposed and collected without much fuss. On occasion, a municipal collector might discover that the municipality has made a mistake. This mistake could be a miscalculation in a tax notice, a misapplied payment or a misdirected refund. A larger error, such as an improperly imposed tax, could impact hundreds or thousands of ratepayers. Some mistakes can be more easily and cheaply addressed than others.

As presented at the GFOABC Annual Conference, May 27, 2025, by Michael Moll and Aidan Andrews. Paper revised May 2026.

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Publication, Staff | |

When Does a Strata Subdivision Need Local Government or Approving Officer Approval?

Most strata plans are prepared and filed around the time construction of a building is complete. For new builds with conventional strata plans, local government or approving officer approval may not be required. However, for developers and builders hoping to avoid hiccups when completing their development or project where they involve stratification, they should be aware of certain scenarios where approval of a local government or an approving officer is required before depositing the strata plan.

As published in the NRCA’s Northern Construction Connection May 2026 Newsletter and VICA’s e-New.

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Publication, Staff | |

Development By Water: A Short and Dense Primer on BC Riparian Area Protection

There can be any number of issues arising in development from the physical features of a site and the complex web of regulation relating to those features. Just one aspect for developers to keep in mind is how a site’s proximity to a watercourse, waterbody or wetland may impact their plans. British Columbia’s Riparian Areas Protection Act authorizes the Lieutenant Governor in Council to, by regulation, establish directives regarding the protection and enhancement of riparian areas considered to be subject to residential, commercial or industrial development.

As published in the NRCA’s Northern Construction Connection April 2026 Newsletter and VICA’s e-New.

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Publication, Staff | |

What Happens if Your Building Extends Into, Above or Below a Municipal Sidewalk

Every property owner probably knows roughly where their property begins and ends. However, without having a survey done, they likely aren’t aware of their property’s exact boundaries and may be unaware that part of their building on their property is actually encroaching onto another property.

As published in the NRCA’s Northern Construction Connection March 2026 Newsletter and VICA’s e-New.

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Staff | |

Civic Legal Celebrates A Decade of Excellence Since 2016

March 6, 2026

Celebrating a Decade of Excellence Since 2016

In 2016, co-founders Pam Jefcoat and Sonia Sahota recognized an area of need for providing steady legal guidance for local governments and other public bodies. Premium legal advice, big picture thinking, and personal attention to detail was in demand. Civic Legal met that need.

Read the partners’ letter as we reflect on the 10 year anniversary of Civic Legal LLP.

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Publication, Staff | |

Crossing the Line: Trespass, Nuisance, and Construction Cranes

As readers well know, construction can bring with it a high risk of disruption to properties in the surrounding area, especially projects of a more significant scope and scale. Noise, dust, exhaust, and the passage of workers and equipment can all affect neighbours in negative ways, leading to legal consequences that can increase the cost of construction substantially or even bring construction to a halt.

As published in the NRCA’s Northern Construction Connection February 2026 Newsletter and VICA’s e-New.

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Publication, Staff | |

Changes to Payment of DCCs, ACCs and SSACs Are Now In Effect

When a developer obtains subdivision approval or a building permit, they may be required to pay one or more of the following: (a) local government development cost charge (“DCC”) pursuant to Section 559 of the Local Government Act, (“LGA”); (b) an amenity cost charge (“ACC”) pursuant to Section 570.2 of the LGA; and (c) a school site acquisition charge (“SSAC”) pursuant to Section 572 of the LGA, in addition to other charges that may be imposed by government bodies.

As published in the NRCA’s Northern Construction Connection January 2026 Newsletter and VICA’s e-New.

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Publication, Staff | |

Professional Reliance Act Proposal Ruffles Feathers

Bill M216, the Professional Reliance Act, has generated greater interest than many members’ bills, with its proposal on streamlining development approval procedures eliciting strong comments for and against. What some of those comments represent is a more fundamental disagreement about the status of technical professionals and the meaning of their work.

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

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Publication, Staff | |

Return of Prompt Payment Legislation to British Columbia: A Summary of the Proposed Construction Prompt Payment Act

In 2019, we wrote about Bill M-223, which would have enacted the Builders Lien (Prompt Payment) Amendment Act, 2019 for the purpose of amending the Builders Lien Act. These amendments would have introduced prompt payment reforms to British Columbia (i.e., to statutorily require payment for construction services and material in a timely manner). The bill, however, did not pass first reading.

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

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