Find A Lawyer

Bull Housser Blogs

Can council members vote despite conflicts of interest?

Yes, but only with a court order and only in exceptional circumstances.

Section 100 of the Community Charter (the “Act”) requires council members to disclose matters which are before Council in which they have a pecuniary interest or other conflict and stipulates that they are not to participate in discussion, vote, or attempt to influence the voting on a matter in which they have a conflict of interest. If a municipality cannot achieve the quorum necessary to vote on a council matter because of conflicts of interest, section 129(4) of the Act allows a municipality to apply to the Supreme Court for a “without notice” order permitting council members to vote on the matter despite their conflicts of interest.

Operation of landfills on reserve lands: evolving area of the law

In Atlantic Waste Systems Ltd. v. Canada (Attorney General), 2015 BCSC 1998, the British Columbia Supreme Court was recently asked to decide whether the British Columbia Environmental Management Act (“EMA”) applies to First Nation reserve lands.  While the Court refused to decide the issue at this time, this is an important decision to watch.

Update on New Yaletown Vancouver Decision – Leave to Appeal Denied

On October 29, 2015, the Supreme Court of Canada (the “SCC”) denied an application by the Community Association of New Yaletown (“New Yaletown”) for leave to appeal from the B.C. Court of Appeal’s decision in Community Association of New Yaletown v. Vancouver (City) 2015 BCCA 227.

Recent amendments to the Water Regulation

On September 22, 2015, the Province of British Columbia amended the Water Regulation (adoped under British Columbia's Water Act) to enable persons holding a permit under the Oil and Gas Activities Act to make changes in and about a stream.  Pursuant to the amended Water Regulation, such changes will not require an authorization under the Water Act, provided that the changes are made in accordance with the Oil and Gas Activities Act and the terms of a permit issued pursuant to such Act.

European ruling on privacy: US Safe Harbour agreement with Facebook invalid citing US administration interference with privacy rights

The European Court of Justice decided last week that the Safe Harbour Agreement Facebook was relying on to transfer data to its US servers was invalid.  Further, the Court decided European national regulators can investigate whether data transfers comply with European law.


WE HAVE MOVED!    click here for details