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 Section 744 of the Local Government Act be amended to: remove the words breakdown or malfunction; include language consistent with other provincial legislation, such as, inter alia. Section 528 of Albertas Municipal Government Act, RSA 2000, c. M-26 and Section 340 of Saskatchewans The Municipalities Act, 5.5. 2005, c. M-36.1; and read as follows: A municipality, municipal council, regional district, regional district board, improvement district or greater board is not liable in any action based on nuisance or on the rule in the Rylands v. Fletcher case if the damages arise, directly or indirectly, out of the operation or non-operation of: a a sewer system, b a water or drainage facility or system, or c a dike or a road.
Ministry of Municipal Affairs Local governments, through UBCM, have expressed an interest in amendments to address local government liability and risk. 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 Ministry recognizes that interest in this change and in liability risk relating to climate change impacts has grown in recent years as local governments face mounting pressures from the impacts of increasingly regular extreme weather events. Extreme weather events in British Columbia in 2021 contributed to flood risk situations in many areas of the province. The Ministry is committed to working collaboratively with local governments to develop a shared understanding of liability risks resulting from extreme weather events and to better understand the feasibility, effectiveness and implications of potential amendments to the Local Government Act in relation to overland water liability provisions. This work must include consideration of complex public policy issues such as the extent to which the proposed changes would actually address liability concerns and how they would affect the balance of risks e.g. a potential 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.