Subdivision Regulation and Discretion 2022

Course Chair
Pamela J. Jefcoat — Civic Legal LLP, Vancouver

About the Course Chair
Pam Jefcoat is a founding partner of the firm. With over 19 years of combined experience in local government and commercial real estate law, Pam is a seasoned advisor to owners and developers alike on a wide variety of local government and real estate development matters, with a focus on land use planning, subdivision, and rezoning and redevelopment of residential, mixed-use, and industrial properties. Having honed her skills on numerous projects for both municipalities and developers, Pam brings extensive experience into advising clients on rezoning and permit approval processes, public hearings, phased developments, development agreements, density bonusing, density transfers, the imposition of development cost charges, community amenity contributions, housing agreements, alternative transportation requirements, and subdivision servicing requirements. Pam holds a Master's Degree in Public Administration and offers unique insight into matters of public policy and its impacts on urban development. Pam frequently speaks throughout the province on matters of interest to both local governments and developers, including recent topics such as Phased Developments: Managing Growth and Securing Amenities, The Subdivision Application Process, Statutory Considerations and the Broad Powers of the Approving Officer and the Regulation of Lot Sizes, Subdivision Standards and Discretionary Imposition of On-Site and Off-Site Works and Services. Pam is also on CLEBC's Editorial Board for the British Columbia Real Estate Development Practice Manual and is the co-author of the chapter in that manual entitled "Real Estate Development on First Nations Lands."

Faculty
Ryan Bortolin — Stewart McDannold Stuart, Victoria
Guy Patterson — Young Anderson, Vancouver
Michael Quattrocchi — Young Anderson, Vancouver
Olga Rivkin — Lidstone & Company, Vancouver
Elizabeth Yip — Terra Law, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:10)

Pamela J. Jefcoat — Civic Legal LLP, Vancouver

The Subdivision Application Process, Statutory Considerations and the Broad Powers of the Approving Officer (9:10 – 10:05)

• the role of the approving officer
• the subdivision application process, including general subdivision requirements under the Land Title Act
• the preliminary review process and issuance of Preliminary Layout Approvals
• matters considered by the approving officer on application for approval and statutory grounds for refusing to approve a subdivision plan 
• the exercise of discretion by the approving officer
• rural subdivision approvals

Michael Quattrocchi — Young Anderson, Vancouver

BREAK (10:05 – 10:20)

Subdivision Servicing (10:20 – 11:15)

• subdivision servicing bylaws
• scope of authority to set servicing standards
• works and services agreements
• off-site services and latecomer agreements

Ryan Bortolin — Stewart McDannold Stuart, Victoria

Subdivision Issues for Developers (11:15 – 12:10)

• subdivision plans—Land Title Office requirements
• easements, statutory rights of way, and covenants
• public dedications—considerations from a developer's perspective  

Elizabeth Yip — Terra Law, Vancouver

LUNCH (12:10 – 1:10)

Development Cost Charges (1:10 – 2:05)

• what are DCCs
• how are DCCs created?
• when are DCCs payable?
• exemptions from DCCs
• waivers or reductions in DCCs
• use of DCCs
• case law update

Pamela J. Jefcoat — Civic Legal LLP, Vancouver

BREAK (2:05 – 2:20)

Subdivision Regulation Under the Strata Property Act (2:20 – 3:15)

• bare land stratas, phased stratas, and strata conversions
• the roles of the approving officer and the approving authority
• what is the scope of discretion in the strata context?
• what does the approving officer or authority look for?
• unusual issues faced by approving officers and approving authorities

Guy Patterson — Young Anderson, Vancouver

Hot Topics in Subdivision Regulation (3:15 – 4:10)

• case law update
• climate change
• provincial subdivisions to facilitate First Nations reconciliation

Olga Rivkin — Lidstone & Company, Vancouver

Closing Remarks (4:10 – 4:15)

Pamela J. Jefcoat — Civic Legal LLP, Vancouver