Local government and provincial concurrent authority

The Community Charter recognizes that, in four spheres, municipalities and the provincial government have a shared interest in regulating activities.

The Community Charter concurrent authority provisions apply to bylaws that deal with:

• Public health
• Protection of the natural environment
• Wildlife
• Prohibition of soil removal or prohibition of deposit of contaminated soil

Municipalities are provided with powers to adopt bylaws on matters covered by these spheres of concurrent authority. However, this municipal authority is subject to provincial involvement.

Regional districts do not have the same scope of regulatory authority as municipalities, and are empowered to enact bylaws in relation to two of the four spheres (public health and prohibition of soil deposit or removal), subject to the Community Charter’s concurrent authority rules.

Provincial involvement

Any new local government bylaw or amendment that relates to a sphere of concurrent authority requires provincial government involvement. Bylaws related to a sphere of concurrent authority must do one of the following:

• Comply with a regulation of the responsible minister
• Comply with an agreement between the responsible minister and the local government
• Be approved by the responsible minister

Ministers are designated as responsible for the spheres of concurrent authority. The designated minister has primary responsibility for the matters covered in the respective sphere:

• Public health – minister responsible for the Public Health Act
• Protection of the natural environment – Minister responsible for the Environmental Management Act
• Wildlife – minister responsible for the Wildlife Act
• Prohibition of soil removal – minister responsible for the Ministry of Energy and Mines Act
• Prohibition of soil deposit – minister responsible for the Environmental Management Act

How to proceed

Before adopting a bylaw, each municipal council or regional district board must determine if the matter under consideration falls within a concurrent sphere of authority, whether they require some form of provincial involvement and if so, what form.

By regulation, the responsible minister may define the scope of the provincial interest regarding a particular sphere of concurrent authority. The bylaw may be adopted without having to obtain specific ministerial approval if the bylaw is in accordance with the relevant minister’s regulation. The council or board will need to determine if there is a relevant regulation in place.

• Learn more about local government bylaws

The Responsible Minister Regulation under the Community Charter designates the minister responsible for each of the four spheres of concurrent authority. As the names of the ministries responsible for various Acts may change, always check to confirm current responsibilities.

Statutes and regulations relating to the Community Charter’s concurrent authorities

Some provincial regulations have been developed regarding concurrent authority. Section 9 of the Community Charter provides that a minister’s regulation may:

• Establish matters for which local governments may exercise their concurrent regulatory authority without provincial involvement
• Restrict or set conditions for the exercise of that authority
• Specify those matters subject to the responsible minister’s approval

As well, other legislation may restrict a local government’s activities within a sphere of concurrent authority.

Public health bylaws regulation

Before any health-related bylaw can be adopted, the Public Health Bylaws Regulation requires a municipal council or regional district board consult with the regional health board or medical health officer responsible for public health matters within the jurisdiction.

Bylaws relating to the protection, promotion or preservation of the health of individuals or the maintenance of sanitary conditions must be deposited with the responsible minister. A bylaw that restricts or has the potential to restrict an individual’s access to health services or that may impact health authority resources will require the responsible minister’s approval.

A Consultation Agreement (PDF, 631KB) among the ministry responsible for health, the Union of British Columbia Municipalities and the ministry responsible for local government establishes an intergovernmental mechanism to share information regarding the operation of the Public Health Bylaws Regulation.

Spheres of concurrent jurisdiction: environment and wildlife regulation

Municipalities may autonomously regulate, prohibit and impose requirements in relation to these matters:

• Activities that pollute, obstruct, or impede the flow of water through the community. This includes streams, creeks, waterways, waterworks, watercourses, ditches, drains, and sewers.
• Sale of wildflowers.
• Use of pesticides to maintain outdoor trees, shrubs, flowers, ornamental plants, and lawns on residential lots. Some specific restrictions on these powers apply.
• Control and eradication of some invasive plants and animals. This could include restrictions on distributing those species.
• Control of some wildlife species. In the regulation, “wildlife” has the same meaning as in the Wildlife Act).
• Feeding or attraction of specified dangerous wildlife. Bylaws must allow exceptions in some situations. This includes lawful hunters and trappers, farm operations, and certain waste disposal facilities.
• Restrict single-use plastic items to reduce waste, greenhouse gas emissions, and litter in communities. Bylaws should encourage greater use of sustainable alternatives.

Soil removal and deposit

No regulations have been developed in relation to the prohibition of soil removal or deposit. All local government bylaws prohibiting soil removal or prohibiting the deposit of soil or other material (making reference to the quality of the soil or to contamination), require approval of the responsible minister.

Former concurrent authority: Building and construction standards

Prior to 2017, the Community Charter recognized building standards as a concurrent authority. Building regulation authority is now governed by the Building Act. The province is the primary authority for setting building requirements. Local government building regulation bylaws are subject to provincially legislated requirements. Learn more about the building and construction framework.