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 the Union of BC Municipalities appeal to the provincial government to amend the Negligence Act to replace joint and several liability with a system of pure several or proportionate liability such as now exists in cases of contributory liability under which defendants are responsible only to the degree to which they contributed to the loss.
Ministry of Attorney General The Ministry of the 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 favors incremental changes to the regime. For example, the Ministry completed a consultation on a reduction of the ultimate limitation period in 2006 and is awaiting direction on when and if any changes will proceed. 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 UBCM and other stakeholders on proposed changes to the industrys liability and risk framework as the Modernization Strategy progresses.