By Alifeyah Gulamhusein, Derek King, and Jeneane Grundberg

The COVID-19 situation is evolving rapidly, and changes to legislation are coming quickly.  Please make sure to review any recent announcements from the Province.

1.  What powers are granted to a municipality in regards to land use when a state of local emergency is called?

Typically, other than in specific relation to the emergency and the response to it, a state of local emergency (“SOLE”) does not grant the municipality any broad powers to modify or suspend the planning regime or the requirements of the land use bylaw (“LUB”).

In the context of responding to the emergency, the Director of Emergency Management (“DEM”) can order that lands and structures be put to uses that are contrary to existing Development Permits, contrary to the LUB or which in other circumstances would require an application pursuant to sections 24(1)(b) and 19(1)(c), (d) and (g) of the Emergency Management Act.

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