Spotlight On Planning

Local governments and land owners often disagree about what bylaws apply to any given development project. Recent decisions of the BC Supreme Court in West Kelowna (District) v. Newcombe and Bradshaw v. Victoria (City) show two areas where such disagreements may arise: when local governments regulate moorage of boats, and when local governments apply new bylaws to in-stream development applications. 

Can local governments prohibit moorage?

In West Kelowna (District) v. Newcombe, 2013 BCSC 1411, the BC Supreme Court held that local governments have the authority to regulate long-term moorage of vessels and houseboats, but not short-term moorage. In the Court's opinion, short-term moorage and anchoring are vital to the Federal government's control of shipping and navigation and, therefore, cannot be impaired by a local government. Long-term moorage, on the other hand, is not vital to navigation and can be regulated or prohibited.