This day-long seminar will provide a refresher on the foundational cases in Canadian planning law and explore some current issues in land use regulation. It will be of interest to planners practicing in B.C., particularly those with responsibility for drafting zoning regulations.
Part 1 of the seminar will examine a handful of landmark decisions from the Supreme Court of Canada that establish part of the common law foundation of Canadian planning and zoning. Canada’s highest court has rendered decisions in an impressive array of land use management matters, including people zoning, fettering of legislative powers, development charges, public hearing procedures, division of powers between federal and local governments, and regulatory takings. A selection of these cases will be discussed.
Part 2 will explore some topical issues in the drafting and enforcement of land use restrictions. Every zoning bylaw contains a categorization of land uses and a plentiful supply of associated definitions, which frequently turn out to be the source of bylaw interpretation problems and litigation. This portion of the seminar will break these problems down and look at how the drafting of land use regulations can align with current land use trends to produce a more understandable and enforceable bylaw. Production and distribution of marijuana will be used to show how novel land uses can put typical land use categories and definitions under stress.