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The Stream - Courthouse Libraries BC Blog

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Stay current with the latest news and views from Courthouse Libraries BC.  

  • Tricky Legislation: the newly revised Municipal Replotting Act

    by Tracy McLean | Jul 29, 2016

    Effective July 20, 2016, the revised Municipal Replotting Act, RSBC 2016, c. 1, was brought into force by BC Reg #196/2016 as a limited revision under the Statute Revision Act, RSBC 1996, c. 140.  It consolidates the previously existing act and its amendments, and revises it by simplifying the numbering and updating the style and language.

    WHAT DOES THIS MEAN?

    The revised Municipal Replotting Act replaces the Municipal Replotting Act, RSBC 1996, c. 323, as of July 20, 2016. 

    The authority for this can be found in section 7(2) of the Statute Revision Act which states that when a limited revision comes into force, the Acts or provisions it replaces are repealed to the extent that they are incorporated in the limited revision.

    Section 8(1) states that a revision does not operate as new law but has effect and must be interpreted as a consolidation of the law contained in the Acts and provisions replaced by the revision.
      

    HOW DO I CITE IT?

    As per section 6(2) of the Statute Revision Act, a limited revision may be given a chapter number as if it were enacted in the current session of the Legislative Assembly, and the limited revision may be published in the volume of Acts enacted in that session. 

    Therefore, this act will now be cited as the revised Municipal Replotting Act, RSBC 2016, c. 1.
     

    I DON'T REMEMBER AN ACT WITH THAT NAME

    In January 2016, part of the Local Government Act, RSBC 1996, c. 323 was revised into the new Local Government Act, RSBC 2015, c.1, by BC Reg #257/2015. 

    The rest was retitled the Municipal Replotting Act, RSBC 1996, c. 323, by RSBC 2015, c. 1, Revised Schedule, section 55

    The change came into force on January 1, 2016.

    The Local Government Act is one of the most heavily used and most amended acts in British Columbia. When the Community Charter came into force in 2004, consequential amendments to the Local Government Act resulted in numbering gaps, decimal additions and disorganization.
      
    Prior to 2000, the Local Government Act was actually called the Municipal Act, RSBC 1996, c. 323.  That title change became effective June 12, 2000.

    WHAT DOES THE MUNICIPAL REPLOTTING ACT DO?

    The Act allows a municipal Council to define any area of the municipality as a Replotting District.  If owners representing a certain percentage of the assessed value of land in such a District consent, the land may be resubdivided, and owners of former parcels receive a new parcel of equal value in exchange, or compensation in money.  All charges and encumbrances against former parcels are transferred to the new parcels. 

    The legislation prescribes the procedures to be followed, the basis for compensation, complaints, and the rights of appeal.
     
    WHERE CAN I FIND THE LEGISLATIVE INTENT?
    This is a limited revision, so no bills were presented in Parliament and there are no Hansard debates.

    On May 4, 2016, the Legislative Assembly presented the revision of the Municipal Replotting Act to the Select Standing Committee for Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills for examination and recommendation pursuant to the Statute Revision Act [RSBC 1996] Chapter 440; and the Committee was also empowered to examine and make recommendations by October 31, 2016.

    On May 19, 2016, the Committee recommended to the Lieutenant Governor that the revision be approved and brought into force.

    IS THERE A TABLE OF CONCORDANCE?

    Yes, there are two.

    Local Government Act - Table of Concordance, 1996-2015
    Local Government Act - Table of Concordance, 2015-1996

    If you look at the Table of Concordance, 1996-2015, any provisions noted as "Not Revised", remained in the retitled Act (the Municipal Replotting Act).
     

    RESOURCES

    Will there be another Revised Statutes of British Columbia?
    Revisions persuant to the Statute Revision Act
    A guide to legislation and legislative process in British Columbia: Part 4: Statute Revisions

    CONTACT

    Ministry of Community, Sport and Cultural Development
    Governance and Structure Branch
    Tel: 250-387-4020
    E-mail: LGgovernance@gov.bc.ca
     

  • Funding Notice - Legal Research Fund

    by Tracy McLean | Jul 21, 2016

    The Law Foundation of British Columbia has an annual $100,000 Legal Research Fund (with a maximum of $20,000 allocated per project) used to support legal research projects that “advance the knowledge of law, social policy, and the administration of justice” and also to encourage projects that “reflect the diversity of British Columbia.”

    The Foundation is currently seeking Letters of Intent for proposals for one-time projects. Visit their website to find more details about the fund, such as: who can apply, what makes a proposal eligible, and the application process.

    The Law Foundation is a non-profit foundation created to receive and distribute funds to projects and programs in five areas:

    • legal education
    • legal research
    • legal aid
    • law reform
    • law libraries

    While the Foundation makes grants only in law-related areas, the projects and programs are intended to benefit the general public of BC.  In this circumstance, they encourage applications that might be expected to have a practical impact on improving access to justice.

    The grants will be adjudicated by the Fellowships & Research Committee of the Foundation in November. This year’s deadline for applications is September 9, 2016.

    The project should be discussed with Program Director Heather Wojcik, at 604-689-2049, prior to submitting a Letter of Intent.

  • CALL Conference offers CPD credit for educational sessions

    by Tracy McLean | Apr 29, 2016

    The Canadian Association of Law Libraries (CALL) is offering educational sessions from its 54th annual conference  in Vancouver, to members of the BC Bar for CPD credit hours.

    • Sunday May 15th, 2016, 3:15-4:30pm 
      The Law of Evidence in the Digital Environment (1.25 credits)
    • Monday, May 16th, 2016, 11:00-12:30pm
      The Business of Aboriginal Law in Canada (1.50 credits)
    • Monday, May 16th, 2016, 11:00-12:30pm
      Everything You Ever Wanted to Know About US Legal Research But Were Afraid To Ask! US Legal Research for Canadians (1.50 credits)
    • Monday, May 16th, 2016, 3:30-5:00pm
      Effective Approaches For Business Development and Marketing Research (1.50 credits)
    • Tuesday, May 17th, 2016, 4:00 – 5:00pm
      Using Maps in Legal Research (1.00 credits)
    • Wednesday, May 18th, 2016, 11:00 – 12:30pm
      Wine, Beer and Weed – West Coast Vices or National Debate? (1.50 credits)

    More detailed course-CPD descriptions can be found here.

    Single Continuing Professional Development sessions are individually priced, ranging from $50 - $75 each, plus processing charges. You will have the option to select sessions once you enter your personal information.

    Please note that registration for CPD courses is completely separate from the main conference registration.  Use the portal registration page.

    For the first time, course attendance will include access to the exhibit hall. The exhibitors include legal, competitive intelligence, tax, and news media vendors, all with sales and training representatives available to answer  questions. You can demo new products or browse the latest titles in your practice area.

 

Tracy McLean

Tracy is a reference librarian at Courthouse Libraries BC.

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