CBA Municipal Law Section’s Post

Just released. An IMFG Paper on reforming statutory council public hearings for land use planning. The abstract states "This paper considers the continued relevance of statutorily required public hearings as effective forums for participation in planning in Canada, and whether provincial and municipal governments should seek to reform or remove them from the planning process. We examine the entire rezoning and amendment process in four cities: Toronto and Brampton in Ontario, and Vancouver and Surrey in British Columbia. Based on our analysis, we find that statutory public hearings are a necessary part of the planning process, but in their current form are ineffectual forums for public participation. We suggest several reforms to address their current failings."

Provide comments in person on March 18 or by email about how you would like to participate in the development of a Land Use Plan that will significantly update land use regulations and the cities processes when reviewing land use applications. Learn more and read the draft plan at: https://bit.ly/4a7cpth #KalispellLandUsePlan

My thoughts on the long awaited National Planning Policy Framework featured in Property Week. https://lnkd.in/e4gNYurg Rapleys #planning #NPPF #development

I prepared a note with my thoughts on the B.C. government’s recent proposals to amend the Land Act to enable shared decision-making. You can find it at my opinion blog, which is theplantrant.blogspot.com

Here's an interesting and thoughtful opinion piece about the current situation as it pertains to #reconciliation and #indigenousrights rights, the Crown's constitutional duty to consult and accommodate #bcfirstnations, and the BC government's recently announced intention to amend the Land Act. A very good read!

The reason is that according to the Land Use Act, the Government has a right to revoke C of O for overriding Public Interest. It only means that if the Government should come for that land or take it from you, you will be duly compensated. Did you know about the Certificate of Occupancy? Let us know in the comment section.

The system of Local government by democratically elected local government council is recognized under the Constitution (S.7 CFRN). Following the pronouncement of the court on the autonomy of the Local government, it is imperative to know that there are duties imposed on the local government representative which can be found in the second schedule to the constitution. Thus, the LGs are to be held accountable for failure in some of their duties and not the state government as we have always held the FG responsible even for the failures of the State Government. The LGs are empowered to collect rates, licenses, tenement, taxes and in the same vein they are duty bound to do the following among others: Provide and maintain conveniences, sewage and refuse disposal. Construction and maintenance of roads, streets, street lights, drains and other public highways, parks, gardens and open ways etc. As to the qualification of who can be elected, anyone that is qualified to be elected as a member of a house of assembly can be elected (S. 7) Conclusively, The LG as the third tier of government having secured their autonomy both financially can now be held liable for their actions or inactions that result in neglect of their constitutionally imposed duties and citizens as we are hopeful that the declaration will bring the much needed development to the local areas.

Corbett Land Strategies organized a 'Lunch and Learn' event on April 29, 2024, to discuss the changes made to different pieces of legislation by Bill 185, the 'Cutting Red Tape To Build More Homes Act'. This Act was released on April 10, 2024. To learn more about these policy changes, see the attached summary. Feel free to reach out to Corbett Land Strategies if you have any questions. #corbettlandstrategies #bill185 #lunchandlearn #april

Here is a good summary of the legislative changes brought by Bill 185 from CLS’s recent Lunch and Learn.

Big pieces I’m working on, that are the “City of Yes, And” platform (to be published by November?): - Rapid Transit Act of 2027—how to build new subways fast, cheap, and well - ULURP reform—making land use default to an expeditious yes - Historic Preservation Integrity—balancing the need to preserve with need to grow and evolve - Community Board restructuring—how to make them marginally more enjoyable, and by default more functional - Other topics still crystalizing into a theory: city procurement, legislative reporting