Whereas climate change induced extreme weather events regularly overwhelm local government infrastructure; And whereas this creates liability risks, even in the absence of negligence on the part of BC local governments because of the wording of Section 744 of the Local Government Act, whose protection is qualified by the inclusion of the phrase breakdown or malfunction, while every other Canadian province and territory provides local governments with similar protection without this qualification; And whereas the Municipal Insurance Association of British Columbia has deemed this is the most extreme climate change liability risk facing local governments: Therefore be it resolved that UBCM request that Section 744 of the Local Government Act be amended to: remove the words breakdown or malfunction; include language consistent with other provincial legislation.
Ministry of Municipal Affairs Local governments, through UBCM, have expressed increasing concerns about liability risk related to climate change impacts and an interest in amendments to address these concerns. This request to consider changes to expand the language of section 744 of the Local Government Act addresses a specific liability risk that is related to climate change impacts on infrastructure such as dikes and levees. The Ministry of Municipal Affairs recognizes that local governments are facing mounting pressure from the impacts of increasingly common extreme weather events, such as past flooding events and most recently the catastrophic 2023 fire season. The Ministry is committed to working collaboratively with local governments to develop a shared understanding of these liability risks and to address the feasibility, effectiveness, and implications of potential amendments. This work must include consideration of complex public policy issues such as the extent to which the proposed changes would address liability concerns of local governments and how potential changes would affect the balance of risks and potentially see greater burden shifted onto affected citizens in communities. Local governments are encouraged to share information with the Ministry about specific incidents related to infrastructure damage or inadequacy to further inform the Ministry about specific liability risks associated with overland water flooding and infrastructure failures during and after extreme weather events. Ministry staff are conducting a review of the issue and will consult with UBCM and local governments on any potential legislative changes.