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.
Bull Housser Blogs
The individual’s liberty to satisfy a nicotine fix and society’s desire to be free from second-hand smoke are important issues which must be balanced in regulating smoking in our communities.
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 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.
“How does one properly assess, for taxation purposes, the value of a brownfield property?” The British Columbia Supreme Court posed and answered this question in a recent decision in Victory Motors (Abbotsford) Ltd. v. British Columbia (Assessor of Area No.
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.
Many local governments negotiate agreements with railway companies for the construction, maintenance or apportionment of costs of a utility crossing a railway corridor.