Municipal Law

The Planning Act, C.C.S.M. P80 (the “Act”) provides the legal framework for municipalities to manage land use and development in a way that promotes orderly growth and sustainable communities. One… Learn More

In recent months, discussions around artificial intelligence (AI) have become ubiquitous with news stories and social media posts highlighting its benefits and challenges appearing daily. New AI tools and services… Learn More

Employers (including municipalities) are required to provide a workplace free from harassment. Part of this obligation is implementing a written harassment prevention policy. Under The Workplace Safety and Health Regulations,… Learn More

AMPs are upon us. Following a reported 135 million–liter sewage spill into the Red River from a broken City of Winnipeg sewer pipe, Manitoba Environment Minister Tracy Schmidt made it… Learn More

As municipalities face the pressing need to enhance and modernize infrastructure, the importance of thoughtful planning and execution cannot be overstated. The planning process for construction projects is a critical… Learn More

A trending topic amongst most Manitoba municipalities: Enforcement.  Whether it is for an unsightly property, a violation of a Zoning By-law, operation of off-road vehicles (on public or private property)… Learn More

The question is not if a municipality will have a cyber-attack, the question is when it will occur. Victims of a cybersecurity attack are no longer just those which have… Learn More

For decades in Manitoba, the “land of 100,000 lakes”, property owners in municipalities across the province have made their cabins, homes and other forms of properties available for short-term rental… Learn More

When does a municipality’s planning decisions amount to a de facto expropriation of land, and when is the owner entitled to compensation? These issues were considered by the Supreme Court… Learn More

October is the season for municipal elections in Manitoba. It is an opportunity for resident electors to exercise their democratic franchise, the culmination of many weeks of campaigning. It is… Learn More

This article was written for Municipal Leader magazine and is reproduced with permission. A true tale. Ken (not his real name) was a resident in a rural municipality (it could… Learn More

Update: Since the posting of this article most of The Planning Amendment and City of Winnipeg Charter Amendment Act has been proclaimed into force effective October 29, 2021. The regional… Learn More

It has been almost 5 years since the Truth and Reconciliation Commission of Canada (TRC), led by former Justice and now Manitoba Senator Murray Sinclair, issued its report documenting the… Learn More

It’s tough to appeal a decision of an administrative tribunal.  By way of a five-four split decision, the Supreme Court of Canada judgment issued November 4, 2016 in City of… Learn More

Is Your Natural Resource Development Subject to Municipal Controls? Cowichan Valley Regional District v. Cobble Hill Holdings Ltd. Cobble Hill owned land within the Cowichan Valley Regional District (the CVRD).… Learn More

In its 2001 decision in 114957 Canada Ltée v. Hudson (Town) (the “Spraytech decision”) the Supreme Court of Canada had occasion to review the nature and limits of the powers… Learn More

Municipalities are granted powers of expropriation under The Municipal Act and other empowering legislation.  Expropriation is the taking of land that belongs to another.  In the United States this is… Learn More

In over twenty-five years of advising, working with and appearing before municipal councils, I would like to think that I have made at least some useful observations. Here is a… Learn More

I often get calls from clients and counsel from other provinces about the workings of Manitoba land transfer tax. The requirement to pay land transfer tax in Manitoba arises out… Learn More

What’s Reasonable? Catalyst Paper operated a large paper mill in the District of North Cowichan on the south-eastern shore of Vancouver Island. The Catalyst mill was one of the only… Learn More

If your municipality is the proud location of federal government or federal agency land or buildings, chances are you already know about “payments in lieu of taxes” or “PILT”. Under… Learn More

Municipal and environmental decision-making can be frustrating experiences for both participants and the decision makers. Inaccurate information and ‘junk science’ are often dumped on committees. The members, who are usually… Learn More

It never fails to make me give a quiet chuckle when, at the conclusion of a discussion of confidential information at a meeting, someone says ‘I move that we go… Learn More

Everyone has heard of ‘the three R’s’: reading, writing and ‘rithmetic (obviously spelling wasn’t one of them). More recently, it has also become ‘reduce, reuse and recycle’. But what do… Learn More

Here is how it sometimes goes. The developers of a shiny new industry come to town with promises of employment, opportunity, population growth and a larger tax base for the… Learn More