CLE Online

Welcome and Introduction

Nathalie J. Baker — Eyford Partners, Vancouver
Raymond E. Young, QC — Local Government and Planning Law Chambers, Vancouver

Subdivision Bylaws, Process, Statutory Considerations, and the Broad Powers of the Approving Officer

• the role of the Approving Officer
• the subdivision application process, including general subdivision requirements under the Land Title Act
• the preliminary review process and issuance of Preliminary Layout Approvals;
• matters considered by the Approving Officer on application for approval and statutory grounds for refusing to approve a subdivision plan; and the exercise of discretion by the Approving Officer

Michael E. Quattrocchi — Young Anderson, Vancouver

Break

Statutory Basis and Anatomy of a Works and Services Bylaw and of a Works and Services Agreement

• what is a works & services bylaw?
  • what is the authority?
  • when does it apply?
  • works required – types and standards
  • requiring connections
• what is a works & services agreement?
  • postponement of construction obligations: s509 LGA
  • timing of installation of works & services
  • setting the standards
  • security for completion maintenance obligations

Peter D. Johnson — Stewart McDannold Stuart, Victoria

Public Dedications, Statutory Rights of Way, School Lands, Highways and 219 Restrictive Covenants

• when land dedications can be required and for what purpose
  • rezoning/development
  • subdivision
• how can dedication be achieved
  • dedication on a plan
  • fee simple transfer
  • advantages and disadvantages of various approaches to dedication
• interesting situations
  • plan cancellations
  • notations on title (park/road purposes) mistakes on plans

Olga Rivkin — Lidstone & Company, Vancouver

Networking Lunch (provided)

Bare Land Strata Plans, Phased Strata Plans, and Relevant Provisions of the Strata Property Act

• bare land stratas, phased stratas and strata conversions
• the roles of the approving officer and the approving authority
• when are approvals required?
• what is the scope of discretion in the strata context?
• what does the approving officer or authority look for? unusual Issues faced by approving officers and approving authorities

Guy Patterson — Young Anderson, Vancouver

Latecomer Agreements and Extended Services

• legislative provisions governing latecomer charges and excess and extended services and the judicial consideration of these legislative provisions
• compare and contrast these financing mechanisms with other development services funding, considering the preferences and perspectives of both local governments and the development community

Pamela J. Jefcoat — Civic Legal LLP, Vancouver
Emily McClendon — Civic Legal LLP, Vancouver

Break

Judicial Review of Approving Officers' Decisions

• statutory appeal vs. judicial review; procedure and substance
• 85(3) the scope of the public interest jurisdiction
• s 86 and the scope of considerations relating to: injurious effect on established amenities; flooding erosion, landslip, and avalanche; and excessive public cost
• s. 87 conformance with local government bylaws

Sara Dubinsky — Lidstone & Company, Vancouver

An Approving Officer's Perspective, Woes, and Trials and Tribulations

• decisions that an approving officer needs to make and the considerations
• challenges faced in the decision making process
• scenarios that approving officer faces and how they deal with them

Chuck Goddard — Manager of Development and Environmental Services/Subdivision Approving Officer, City of Maple Ridge, Maple Ridge

Closing Remarks

Raymond E. Young, QC — Local Government and Planning Law Chambers, Vancouver