Summary

Keywords

Municipal law — Bylaws — Validity — How should a reviewing court apply the standard of review when assessing the scope of the powers of municipalities or other delegated legislators in Canada — When is a pith and substance analysis appropriate for assessing the authority of a delegated legislator in Canada — Vancouver Charter, S.B.C. 1953, c. 55, s. 272(1)(f).

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In December 2021, the City of Vancouver adopted bylaws that sought to control rent increases between tenancies in privately-owned residential units designated as single room accommodations. The bylaws were adopted using the City of Vancouver’s business licensing and regulatory powers. The respondents own and operate buildings in Vancouver that house single room units and are subject to rent control as landlords within the meaning of the Residential Tenancy Act, S.B.C. 2002, ch. 78. The respondents challenged the bylaws, alleging that the City of Vancouver did not have legislative authority to implement rent control. Relying on s. 272(1)(f) of the Vancouver Charter, S.B.C. 1953, c. 55, the respondents argued that the bylaws exceeded the City of Vancouver’s delegated authority because they resulted in the respondents being twice-regulated in respect of the same subject matter. It was the respondents’ position that s. 272(1)(f) precluded duplicate regulation of this nature. The trial judge agreed. She found the City of Vancouver’s decision to adopt the bylaws was unreasonable and the bylaws were quashed. The City of Vancouver appealed but the appeal was dismissed.

Lower Court Rulings