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Waste management planning - public comments due November 15, 2015

Earlier this month, the Province published an intentions paper in connection with regional solid waste management planning.  The paper relates to the process whereby regional districts coordinate and develop a solid waste management plan.  Public comments on the intentions paper are due November 15, 2015.  A link to the intentions paper can be found here

Building Act is partly in force

On September 18, 2015, the Province brought portions of the Building Act, S.B.C. 2015, c. 2 into force.  You can find the order to that effect here.

Notably, section 5 of the Building Act, which restricts local government authority, is not yet in force.  Also, there are no regulations in force yet and, based on our discussion with the Province, none are expected imminently. 

Municipal process: conflict of interest and its effect on quorum

Municipal Council members may not vote on or discuss a matter in which they have a conflict of interest. When more than one Council member has a conflict of interest in the same matter, Council may have insufficient members to constitute a quorum (i.e. majority needed to conduct business).  A recent decision of the BC Supreme Court in Port Clements (Village) (Re), 2015 BCSC 1675 is instructive about how to proceed if that happens.

Property assessment: assessors should not change applicable tests at whim

Property assessors with the BC Assessment Authority and the Property Assessment Appeal Board  (the “Board”) are not typically bound by precedent in the same manner as are courts.  However, if an assessor or the Board interprets the Assessment Act and the regulations under this Act inconsistently with their previous interpretation, a court may find their decision to be unreasonable. This principle was recently illustrated in Aspen Planers Ltd. v.


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