Chpt 18: Local Government Law at Sauder School Of Business | Flashcards & Summaries

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TESTE DEIN WISSEN
What is the Local Government Act?
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TESTE DEIN WISSEN
The Local Governments Act sets out, along with the Community Charter and Vancouver Charter, to create, structure and grant powers to Local governments.

Local Governments Act is the principal  enabling legislation for regional districts (incorporation of municipalities, local elections, improvement districts, regional districts, land use planning and heritage conservation powers of local government)  apply to municipalities as well.


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TESTE DEIN WISSEN
What is jurisdiction?
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TESTE DEIN WISSEN
Juriadiction is a particular level of government power to exercise control over persons and things located within its territory.
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TESTE DEIN WISSEN
What are Developmental Cost Charges (DCC)?
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TESTE DEIN WISSEN
Subdivision is on of the triggers for developmental cost charges (DCC), payable to the local government.

Developmental cost charges are charges to pay for the construction, replacement or addition of sewer, water, drainage, road expansion, establish parks, etc. 

When a property is developed it puts additional strain on local municipal services. DCC is a way to pay for these additional services.

The amount of DCC is set by the DCC bylaw, which varies across jurisdictions. In some municipalities if the development is less then 4 units, it will not trigger DCC, instead requiring the developer to pay for certain infrastructure projects.
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TESTE DEIN WISSEN
What is zoning?
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TESTE DEIN WISSEN
Zoning is separating regions into different districts, zones, with different regulations for land use.

Zoning bylaws only designate current land use. NOT future land use.

OCP's divide the area within a local government's boundaries into land use designations/ zones, which designate current or future land use. 

Zoning bylaws designate how land may be used, location of buildings and form/shape of buildings allowed.

Note, zoning bylaws only designate current land use.

**Just because a property has buildings on it or land is in use, does NOT mean they are in accordance with the Zoning bylaws.

Zoning bylaws can change. If a building was in use prior to a change in zoning bylaw, it is NOT in contravention of the zoning bylaw. If building use changes, it must then conform to the current zoning bylaw. 

Licensee/buyers should aware of current zoning bylaws and determine if property conforms to the relevant zoning bylaw. 


Zoning bylaws:

  • Restrict land use
  • Restrict number of buildings on a lot.
  • Set -backs and yards
  • Height of buildings
  • Density of buildings 
             -measured in 'floor space ratio'
  • Home occupations
  • Off street loading and parking
Lösung ausblenden
TESTE DEIN WISSEN
What are Community Amenity Contributions?
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TESTE DEIN WISSEN
Community Amentiy Contributions (CAC)  is a negotiated agreement with the local government were the developer agrees to  make specific amenity contributions in the event the local governemnt decides to approve the developer 's rezoning application. 

Examples of negotiated contributions are:
  • Affordable housing
  • Provision of amenities
  • Financia contributions 
  • Helpnfun improvements to libraries, parks, community centres, cultural facilities, transportation services, etc.

Note, the difference between DCC is, DCC is a standard calculation charge and can be required as part of the application. CAC are negotiated, not standard charges. Also, unlike with DCC, the local government do  otnhave the legal authority to unilaterally require CAC as a condition of rezoning and development. CAC must be be negotiated.


Lösung ausblenden
TESTE DEIN WISSEN
Under the Local Government Act, when can non-conforming uses continue?
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TESTE DEIN WISSEN
Under the Local Government Act, Non-Conforming Use can continue if:

  • Use was lawful prior to rezoning 
  • Non-conforming use may continue through successive ownership if use is maintained, but if use stops for +6months it loses its lawful non-conforming status (90 days in Vancouver).
  • Use/activity in part of lawful non-conforming building may extended to all of the lawful non-conforming building. However, if part use of the lawful non-conforming land, may NOT be extended to a larger area of land.
  • A structural alteration/addition can not be made to a lawful non-conforming building unless it is required by law or permitted by a board of variance.
  • A change of ownership does not change the status of its use. However, if a building is +75% damaged, when rebuild must conform to current zoning bylaws.

Note, many insurance companies restrict the amount of insurance they will grant a non-conforming property.
Lösung ausblenden
TESTE DEIN WISSEN
What is a 'Municipality'?
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TESTE DEIN WISSEN
A Municipality is a village, town, or municipal district that has the the granted powers over local affairs by the provincial government. 
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TESTE DEIN WISSEN
What is the Community Charter?
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TESTE DEIN WISSEN
The Community Charter, along with the  Local Governments Act and the Vancouver Charter, creates, sets the structure and grant powers to local governments.

The Community Charter is the principal enabling legislation for municipalities (other then Vancouver).

The province retains some oversite in areas such as building regulations and public health.
Lösung ausblenden
TESTE DEIN WISSEN
What is provincial government jurisdiction?
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TESTE DEIN WISSEN
The Provincial Government has jurisdiction over private property and have empowered local government for that purpose, to manage private property

The provincial government has delegate most of the authority to regulate land use/private property to local government. 

Provincial government retains overall authority over certain land uses in order to maintain uniformity throughout the province or for public policy reasons.

The provincial government exhibits regulatory authority commonly through:

1.   Agriculture Land Commission Act
2.  Health Act
3.  Local Services Act
4.  The Island Trust  Act
5.  Transportation Act
6.  Environmental Management Act
7. Heritage Conservation Act
Lösung ausblenden
TESTE DEIN WISSEN
What is the Health Act?
Lösung anzeigen
TESTE DEIN WISSEN
The Health Act establishes the public health departments responsibilities for the publics health within the province.

Included within the Health Act jurisdiction is control over the installation of septic tank disposal fields as a private means of sewage disposal.

***In order to obtain municipal approval for a subdivision of land without municipal sewer system, it must prove lands can be adequately served by a septic system. The local public health department makes that determination.
Lösung ausblenden
TESTE DEIN WISSEN
What is local government?
Lösung anzeigen
TESTE DEIN WISSEN
Local government is regional districts, municipalities  and improvement districts.
Lösung ausblenden
TESTE DEIN WISSEN
What is the Agricultural Land Commission Act?
Lösung anzeigen
TESTE DEIN WISSEN
The Agricultural Land Commission Act (ACL) and Agricultural Land Reserves (ALR) were established by the provincial government as an independent agency.

App. 5 million hectares of Land within ALR can only be used for farming and no subdivision without ALC approval.

One single family home is allowed per registered parcel of land is allowed on ALR lands, provided it is permitted by zoning. 

The house must be 500m squared or less, although local bylaws may impose lower size cap under their local bylaws. Additional dwellings may be approved if for farm use, per the Agricultural  Land Commission  Act.

Farm use under the the Agricultural  Land Commission  Act is an occupation or use of the land for farming purposes, including animal, plant, both, or similar activity designated as farming by the ACL.

ACL can regulate, order or perscribe specific uses that constitute farming uses.

The Act is to protect and ensure available land for agricultural uses from development for non-farm uses, including urban sprawl.

Note, in the Land Titles Office appropriate ACL notice may be attached to a Certificate of title. This is to inform the owner/buyer the land is within ALR and is subject to provincial under the Act, which may impact how a person wants to use the land. Remember, land on ALR can not be subdivided without provincial approval.

The Agricultural Land Commission has the power to:

  • Pass regulations affecting ALR land
  • Exclude land from an ALR (ALR landowner can apply to ALC to be excluded. Once excluded is subject to local land use bylaws and regulations.
  • Allow non-farm use of ALR land (can apply for ALR land to be used for non-farming purposes but remains within ALR and subject to ALC Act and local bylaws and regulations).
  • Can permit subdivision of ALR land (upon successful application, land can be subdivided but remains ALR lands and subject to ALC Act and local bylaws and regulations).

Note, local governments continue to have land use planning and regulations for ALR but all local legislation must be consistent with ALC Act.


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Q:
What is the Local Government Act?
A:
The Local Governments Act sets out, along with the Community Charter and Vancouver Charter, to create, structure and grant powers to Local governments.

Local Governments Act is the principal  enabling legislation for regional districts (incorporation of municipalities, local elections, improvement districts, regional districts, land use planning and heritage conservation powers of local government)  apply to municipalities as well.


Q:
What is jurisdiction?
A:
Juriadiction is a particular level of government power to exercise control over persons and things located within its territory.
Q:
What are Developmental Cost Charges (DCC)?
A:
Subdivision is on of the triggers for developmental cost charges (DCC), payable to the local government.

Developmental cost charges are charges to pay for the construction, replacement or addition of sewer, water, drainage, road expansion, establish parks, etc. 

When a property is developed it puts additional strain on local municipal services. DCC is a way to pay for these additional services.

The amount of DCC is set by the DCC bylaw, which varies across jurisdictions. In some municipalities if the development is less then 4 units, it will not trigger DCC, instead requiring the developer to pay for certain infrastructure projects.
Q:
What is zoning?
A:
Zoning is separating regions into different districts, zones, with different regulations for land use.

Zoning bylaws only designate current land use. NOT future land use.

OCP's divide the area within a local government's boundaries into land use designations/ zones, which designate current or future land use. 

Zoning bylaws designate how land may be used, location of buildings and form/shape of buildings allowed.

Note, zoning bylaws only designate current land use.

**Just because a property has buildings on it or land is in use, does NOT mean they are in accordance with the Zoning bylaws.

Zoning bylaws can change. If a building was in use prior to a change in zoning bylaw, it is NOT in contravention of the zoning bylaw. If building use changes, it must then conform to the current zoning bylaw. 

Licensee/buyers should aware of current zoning bylaws and determine if property conforms to the relevant zoning bylaw. 


Zoning bylaws:

  • Restrict land use
  • Restrict number of buildings on a lot.
  • Set -backs and yards
  • Height of buildings
  • Density of buildings 
             -measured in 'floor space ratio'
  • Home occupations
  • Off street loading and parking
Q:
What are Community Amenity Contributions?
A:
Community Amentiy Contributions (CAC)  is a negotiated agreement with the local government were the developer agrees to  make specific amenity contributions in the event the local governemnt decides to approve the developer 's rezoning application. 

Examples of negotiated contributions are:
  • Affordable housing
  • Provision of amenities
  • Financia contributions 
  • Helpnfun improvements to libraries, parks, community centres, cultural facilities, transportation services, etc.

Note, the difference between DCC is, DCC is a standard calculation charge and can be required as part of the application. CAC are negotiated, not standard charges. Also, unlike with DCC, the local government do  otnhave the legal authority to unilaterally require CAC as a condition of rezoning and development. CAC must be be negotiated.


Mehr Karteikarten anzeigen
Q:
Under the Local Government Act, when can non-conforming uses continue?
A:
Under the Local Government Act, Non-Conforming Use can continue if:

  • Use was lawful prior to rezoning 
  • Non-conforming use may continue through successive ownership if use is maintained, but if use stops for +6months it loses its lawful non-conforming status (90 days in Vancouver).
  • Use/activity in part of lawful non-conforming building may extended to all of the lawful non-conforming building. However, if part use of the lawful non-conforming land, may NOT be extended to a larger area of land.
  • A structural alteration/addition can not be made to a lawful non-conforming building unless it is required by law or permitted by a board of variance.
  • A change of ownership does not change the status of its use. However, if a building is +75% damaged, when rebuild must conform to current zoning bylaws.

Note, many insurance companies restrict the amount of insurance they will grant a non-conforming property.
Q:
What is a 'Municipality'?
A:
A Municipality is a village, town, or municipal district that has the the granted powers over local affairs by the provincial government. 
Q:
What is the Community Charter?
A:
The Community Charter, along with the  Local Governments Act and the Vancouver Charter, creates, sets the structure and grant powers to local governments.

The Community Charter is the principal enabling legislation for municipalities (other then Vancouver).

The province retains some oversite in areas such as building regulations and public health.
Q:
What is provincial government jurisdiction?
A:
The Provincial Government has jurisdiction over private property and have empowered local government for that purpose, to manage private property

The provincial government has delegate most of the authority to regulate land use/private property to local government. 

Provincial government retains overall authority over certain land uses in order to maintain uniformity throughout the province or for public policy reasons.

The provincial government exhibits regulatory authority commonly through:

1.   Agriculture Land Commission Act
2.  Health Act
3.  Local Services Act
4.  The Island Trust  Act
5.  Transportation Act
6.  Environmental Management Act
7. Heritage Conservation Act
Q:
What is the Health Act?
A:
The Health Act establishes the public health departments responsibilities for the publics health within the province.

Included within the Health Act jurisdiction is control over the installation of septic tank disposal fields as a private means of sewage disposal.

***In order to obtain municipal approval for a subdivision of land without municipal sewer system, it must prove lands can be adequately served by a septic system. The local public health department makes that determination.
Q:
What is local government?
A:
Local government is regional districts, municipalities  and improvement districts.
Q:
What is the Agricultural Land Commission Act?
A:
The Agricultural Land Commission Act (ACL) and Agricultural Land Reserves (ALR) were established by the provincial government as an independent agency.

App. 5 million hectares of Land within ALR can only be used for farming and no subdivision without ALC approval.

One single family home is allowed per registered parcel of land is allowed on ALR lands, provided it is permitted by zoning. 

The house must be 500m squared or less, although local bylaws may impose lower size cap under their local bylaws. Additional dwellings may be approved if for farm use, per the Agricultural  Land Commission  Act.

Farm use under the the Agricultural  Land Commission  Act is an occupation or use of the land for farming purposes, including animal, plant, both, or similar activity designated as farming by the ACL.

ACL can regulate, order or perscribe specific uses that constitute farming uses.

The Act is to protect and ensure available land for agricultural uses from development for non-farm uses, including urban sprawl.

Note, in the Land Titles Office appropriate ACL notice may be attached to a Certificate of title. This is to inform the owner/buyer the land is within ALR and is subject to provincial under the Act, which may impact how a person wants to use the land. Remember, land on ALR can not be subdivided without provincial approval.

The Agricultural Land Commission has the power to:

  • Pass regulations affecting ALR land
  • Exclude land from an ALR (ALR landowner can apply to ALC to be excluded. Once excluded is subject to local land use bylaws and regulations.
  • Allow non-farm use of ALR land (can apply for ALR land to be used for non-farming purposes but remains within ALR and subject to ALC Act and local bylaws and regulations).
  • Can permit subdivision of ALR land (upon successful application, land can be subdivided but remains ALR lands and subject to ALC Act and local bylaws and regulations).

Note, local governments continue to have land use planning and regulations for ALR but all local legislation must be consistent with ALC Act.


Chpt 18:  Local Government Law

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