Liability for Local Governments

Year
2007
Number
B2
Sponsor(s)
Burnaby

WHEREAS the provincial governments Modernization Strategy - Building Regulatory System is advocating: - clearly defined authorities and accountabilities for the oversight of building construction, and - managing the distribution of liability and risk effectively; AND WHEREAS the concept of joint and several liability is inconsistent with these principles: THEREFORE BE IT RESOLVED that UBCM appeal to the provincial government to amend the Negligence Act to exclude local government from joint and several liability.

Provincial Response

MINISTRY OF ATTORNEY GENERAL The Ministry of Attorney General Ministry is aware that municipalities have concerns over the increased litigation costs and liabilities that arise from municipal oversight of building construction. The Ministry is continuously evaluating British Columbias civil liability regime to ensure that it is fair and efficient, but favours incremental changes to the regime. Government is reviewing stakeholder feedback and is considering the direction that future changes to the Limitation Act will take, including any changes to ultimate limitation periods. The Ministry will continue to monitor the Modernization Strategy and explore options to more effectively manage the distribution of liability in the construction industry. The Ministry will engage Union of British Columbia Municipalities and other stakeholders on proposed changes to the industrys liability and risk framework as the Modernization Strategy progresses.

Convention Decision
Endorsed