Bylawpedia
Perhaps one of the first questions that someone looking to understand bylaws and bylaw enforcement might ask is: What is a bylaw anyway? When delving into a new topic, it's essential to define precisely what one is discussing.
Well, the Merriam-Webster dictionary defines a ‘bylaw’ (n.d.) as:
1 : a rule adopted by an organization chiefly for the government of its members and the regulation of its affairs
2 : a local ordinance
From the dictionary definition, it is apparent that the word 'bylaw' can have different meanings depending on the context. In the first example given by the dictionary, the word refers to rules that an organization uses to govern itself. For instance, business corporations have bylaws stipulating how they are to be managed (Falcon Law Professional Corporation, 2023). Similarly, non-business organizations, such as societies or condominiums, often have bylaws addressing the rights and obligations of members and other matters (Pacific Legal Education and Outreach Society, n.d.; People’s Law School, n.d.).
However, in the second example, the dictionary definition explains that a bylaw can also refer to a local ordinance — or, to put it more simply, a local law. This document focuses on the latter type of bylaw: laws made and enforced by local governments, with a particular emphasis on British Columbia. So, let us look further into that.
It is also worth briefly mentioning that it is possible to run across different spellings of the word bylaw. In some documents, the spelling 'by-law' is used. However, the 'by-law' spelling is becoming less common (Adams, 2008) and, in my experience, the most widely used spelling in British Columbia is 'bylaw', so that is the spelling that will be used throughout this website.
Pursuant to the Constitution of Canada, each province has authority over the local governments within their borders (Government of Canada, n.d.). Territories are granted similar authority over their local governments, although their power is not derived through the constitution but instead granted by the federal government; and so, can theoretically be removed by the federal government as well (Graham, 2006). Accordingly, each province and territory can decide to give as much or as little authority to local governments to make and enforce bylaws as it wishes (Plunkett, 2006).
In British Columbia, the provincial government has adopted several key laws outlining the bylaw powers of local governments. Arguably the two most important provincial laws when it comes to setting out local government powers are the Local Government Act (Courthouse Libraries BC, 2016) and the Community Charter (Government of British Columbia, 2023a), as they spell out the powers of most local governments in the province; a notable exception being the City of Vancouver, because it has a separate provincial law known as the Vancouver Charter (City of Vancouver, n.d.) to lay out its powers, but there are many similarities between this statute and the Community Charter.
What does this all mean? It means that bylaws can vary widely depending on where you are in Canada, since each province or territory can set different limits on the bylaw making powers of their local governments. As well, it means that local governments are more limited in their ability to make laws than other levels of government, as they only have those powers which their respective provincial or territorial governments choose to grant them. For example, in British Columbia, if a local government wishes to make a bylaw on a particular subject, they must be able to point to some provincial law made by the British Columbia government that gives them the power to regulate that subject matter; i.e. some clause somewhere in the Local Government Act or Community Charter. If the town or city cannot do this, it means they do not have the authority to make a bylaw governing that topic.
It is also important to be aware that, in British Columbia, local governments are divided into two categories, those being municipalities and regional districts, and each category has different bylaw powers. Municipalities - which is a category that is further broken down into cities, towns, villages and districts (Government of British Columbia, 2023c) - have more extensive bylaw making powers than regional districts (Government of British Columbia, 2023d). Regional districts are completely prohibited from making bylaws on certain topics, like regulating traffic and parking on public roads (Union of British Columbia Municipalities, n.d.), and can only make bylaws on other topics, such as animal control (Local Government Act, 2015, s. 317), after they have gone through an approval process to establish a relevant service (Government of British Columbia, 2023b).
Bylaws can differ from location to location in British Columbia. One community may choose to impose a bylaw regulating a certain topic, while another might choose not to, or might not have the authority to do so. Still, despite the possibility for a wide variation in bylaws, some common bylaws that one might encounter in an average community would be bylaws regulating traffic and parking, animals, noise and land use, to give a non-exhaustive list of a few examples.
The process by which bylaws are enacted into law by communities varies somewhat across Canada, but the process always involves an elected local governing body of some sort, usually known as a council, but sometimes known by alternative names such as a board (Plunkett, 2006). Depending on the province or territory, and of the particular community, members of council can be elected to represent a specific geographic area in the community or can be elected 'at large', that is to say, everyone in the community gets to elect the member, regardless of geographical area (Lightbody, 2006).
Eligibility to vote in the elections for a local council or board depend on the laws of the province or territory in question. For the province of British Columbia, voting rights are recognized for all persons who, on the day of the election, are Canadian citizens who are 18 or older, are residents of the community in question and have lived in BC for at least 6 months. Additionally, BC law allows a person to vote in a local government election even if they don't live in the community, as long as the person is a Canadian citizen who is at least 18 years old, has lived in BC for at least 6 months and has owned land in the community for at least 30 days; but corporations do not get to vote and, in the case of land that has multiple individuals as owners, only one of the individuals gets to vote based on ownership (Government of British Columbia, 2022a). Persons can be disqualified by law from voting in local government elections under certain circumstances; i.e. section 64 of the Local Government Act declares a person to be disqualified if, amongst other things, the individual is serving a sentence of imprisonment for an indictable offence and has not been released on parole or probation (Local Government Act, 2015, s. 64).
Under British Columbian law, the council of a municipality, or board of a regional district, enacts bylaws in a process that is similar to how the federal Parliament of Canada and provincial legislatures pass legislation. To be enacted, a proposed bylaw must be go through four stages: first reading, second reading, third reading and final adoption. At each stage, the proposed bylaw must receive the support of the majority of council or board members present and voting in order to be successful; unless there is another procedural rule which requires a greater number of supporting votes. These readings of, and votes on, a proposed bylaw must be done in a meeting that is open to the public to observe. For certain special bylaws, such as land use bylaws, provincial law also requires that a public hearing must be held between the first and third readings, allowing members of the public to speak or submit written comments. Additionally, for all bylaws, there is normally a requirement that at least one full day must pass between the third reading of a proposed bylaw and the vote on its final adoption; although there are a couple of exceptions to this rule (Government of British Columbia, 2022b).
REFERENCES:
Adams, K. (2008, February 23). “Bylaws” or “By-laws”?. Adams on Contract Drafting. https://www.adamsdrafting.com/bylaws/
City of Vancouver. (n.d.) The Vancouver Charter. City of Vancouver. https://vancouver.ca/your-government/the-vancouver-charter.aspx
Courthouse Libraries BC. (2016, February 3). Local Government Act. Courthouse Libraries BC. https://www.courthouselibrary.ca/how-we-can-help/legislation-case-law/guides/tricky-legislation/local-government-act
Falcon Law Professional Corporation. (2023, June 30). Key Steps to Incorporating a Company in British Columbia. Falcon Law PC. https://falconlawyers.ca/key-steps-to-incorporating-a-company-in-british-columbia/
Government of British Columbia. (2022a, November 9). Voter eligibility. Province of British Columbia. https://www2.gov.bc.ca/gov/content/governments/local-governments/governance-powers/general-local-elections/voting-local-elections/voter-eligibility
Government of British Columbia. (2022b, December 6). Local government bylaw adoption process. Province of British Columbia. https://www2.gov.bc.ca/gov/content/governments/local-governments/governance-powers/bylaws/bylaw-adoption-process
Government of British Columbia. (2023a, January 5). Municipal regulatory powers. Province of British Columbia. https://www2.gov.bc.ca/gov/content/governments/local-governments/governance-powers/powers-services/municipal-powers-services/regulatory-powers
Government of British Columbia. (2023b, January 5). Regional district service establishment. Province of British Columbia. https://www2.gov.bc.ca/gov/content/governments/local-governments/governance-powers/powers-services/regional-district-powers-services/service-establishment
Government of British Columbia. (2023c, November 23). Municipalities in B.C.. Province of British Columbia. https://www2.gov.bc.ca/gov/content/governments/local-governments/facts-framework/systems/municipalities
Government of British Columbia. (2023d, December 7). Regional district regulatory powers. Province of British Columbia. https://www2.gov.bc.ca/gov/content/governments/local-governments/governance-powers/powers-services/regional-district-powers-services/regulatory-powers
Government of Canada. (n.d.). The Constitution Acts, 1867 to 1982. Justice Laws Website. Retrieved February 2, 2024, from https://laws-lois.justice.gc.ca/eng/const/page-3.html#h-17
Graham, K.A. (2006). Territorial Government in Canada. In The Canadian Encyclopedia. https://www.thecanadianencyclopedia.ca/en/article/territorial-government
Lightbody, J. (2006). Local Elections. In The Canadian Encyclopedia. https://www.thecanadianencyclopedia.ca/en/article/local-elections
Local Government Act, RSBC 2015, c. 1. https://canlii.ca/t/566f7
Merriam-Webster. (n.d.). Bylaw. In Merriam-Webster.com dictionary. Retrieved January 27, 2024, from https://www.merriam-webster.com/dictionary/bylaw
Pacific Legal Education and Outreach Society. (n.d.). Draft Non-Profit Bylaws (Societies Act FAQs). Clicklaw Wikibooks. Retrieved February 2, 2024 from https://wiki.clicklaw.bc.ca/index.php?title=Draft_Non-Profit_Bylaws_(Societies_Act_FAQs)
People’s Law School. (n.d.). Know Your Rights for Owning a Condominium. Dial-A-Law. Retrieved February 2, 2024, from https://dialalaw.peopleslawschool.ca/owning-a-condominium/
Plunkett, T.J. (2006). Municipal Government in Canada. In The Canadian Encyclopedia. https://www.thecanadianencyclopedia.ca/en/article/municipal-government
Union of British Columbia Municipalities. (n.d.). Regulate and Enforce Vehicle Parking on Provincial Roads. Union of British Columbia Municipalities. Retrieved February 19, 2024 from https://www.ubcm.ca/convention-resolutions/resolutions/resolutions-database/regulate-and-enforce-vehicle-parking