PUBLICATIONS
The following Commentaries provide an overview of issues related to local government regulation that are of some complexity, in an effort to assist the public’s understanding of the issues and why they matter, and ideally lead to more positive outcomes in the public interest. The Commentaries are not, and are not intended as, legal advice to any individual or organization applicable to any specific circumstance, and must not be relied on as such.
1. Community Amenity Contributions and the Lorval case: Implications for local governments, applicants,
and the rule of law
Are municipal CAC policies lawful?
The Township of Langley’s CAC policy has been definitively ruled not to be, in a case where KDL was lead counsel. As outlined in detail in the Commentary that is linked below, there are four lines of cases that can establish solid grounds for a successful argument that other municipal CAC policies are unlawful, provided care is taken in considering, preparing and presenting the matter. There is also case law further to which a municipality could be ordered to pay back CACs, where the facts support it.
The Commentary also speaks to why the Lorval litigation cannot fairly be characterized as an effort to enable applicants to avoid responsibility for the impact of their applications. Rather it sought to ensure that local governments
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respect the rule of law, and
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do so through the implementation of a statutory scheme that has been crafted to ensure that new development pays its fair share, without being exposed to extractions through ‘policy’ mechanisms (including ‘lift-based’ contribution policies) that damage housing affordability and the viability of local employment opportunities.
The topics the Commentary, dated June 3, 2026, reviews include:
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what Community Amenity Contributions (“CACs”) are, and the controversies surrounding them,
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the statutory regime under which local governments operate, including its provisions related to zoning, amenities and development charges,
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the contrasting impact of CACs and Amenity Cost Charges (ACCs) in terms of housing affordability, economic viability, and jobs. In doing so, the Commentary speaks to the connection between those policy objectives and what the legislation provides,
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the slow and uneven track record of municipalities in moving from CACs to ACCs,
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the legal challenge to Langley’s CAC Policy that proceeded through the Court system from September 2024 through May 2026,
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the legal issues and lines of cases pertinent to CACs that were at the heart of Lorval’s lawfulness challenge under the statutory regime, including
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cases holding policies to be unlawful where they are ‘regulatory in nature’,
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cases to the effect that an authority cannot extract a ‘cut’ of the financial benefit of a regulatory approval unless the statute specifically provides for it; and
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cases to the effect that administrative action is not lawful where it is not “consistent with the text, purpose and context of the enabling statute”
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a fourth line of cases under which a CAC Policy could also be held to be invalid on the basis that Council acted without meeting the judicial review requirements of “justification, transparency and intelligibility”, and
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specific implications for local governments, applicants, the rule of law, and how our communities evolve.
For the reasons set out in the Commentary, local governments who continue to have CAC policies of whatever scope in place would be well advised to carefully consider the risks involved in doing so, relative to raising funds for amenities by way of an Amenity Cost Charge Bylaw established in compliance with the provisions of the Local Government Act.
Click here to download a PDF of the CAC Commentary.
2. The Local Government Act and British Columbia’s housing supply problem - How the statute has
contributed to the problem, and the Province’s recent amendments that seek to address it
This Commentary, dated January 22, 2024, reviews
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the magnitude of British Columbia's housing supply problem,
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how the Local Government Act regime that governs municipal decisions has contributed to the problem,
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the impact of the change that has taken place since the late 2000s in how the Courts review municipal decisions,
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the changes the Province has made through its Housing Statutes to address the housing supply problem, including
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a description of the changes,
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an analysis of the changes relative to the other options the Province had available, and
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a conclusion as to whether the Housing Statutes are a good fit for addressing housing supply and affordability, and
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changes to the Local Government Act's grandparenting provisions that should be considered as part of the solution.
Click here to download a PDF of the Housing Statutes Commentary.