Inevitably, we live our lives as part of a physical community. Whether one wants it or not, the law recognizes the connections our actions as owners or tenants create with others. Inevitably, too, disputes arise. These can be after the relationship is created, or communities may engage together in advance of irrevocable commitments to try to plan for the future: thus the law of land-use planning.
Land use is governed by the common law, by the federal government, by provinces directly, and by municipalities. All aspects are explored in this text.
Lawyers, planners, architects, municipal officials, environmentalists, and anyone concerned with the future development of their community will find this guide to Canadian land use and land-use planning law to be hugely valuable. With examples from all Canadian jurisdictions, it explores both the policies and the substantive law of land-use planning.
Howard Epstein — lawyer, law professor, and former municipal council member — is uniquely positioned to offer this practical guide to Canadian land-use planning law.
Table of Contents
Introduction and the Legal Context for Land-Use Planning
Chapter 1: The Planning Enterprise
Chapter 2: Some Leading Cases
Chapter 3: Sources of Authority: Common Law
Chapter 4: Sources of Authority: Federal-Level Powers and the Constitution Acts
Chapter 5: Sources of Authority: Provincial-Level Land-Use Planning Powers
Chapter 6: Sources of Authority: Municipal Planning Statutes
Chapter 7: How to Get around Zoning
Chapter 8: Public Participation and Fairness
Chapter 9: Appeals and Judicial Review
Chapter 10: Economic Aspects
Chapter 11: Sustainability
Appendix A: Residential Real Estate Purchase — Handout regarding Land Use Matters
Appendix B: Sample Set of Provincial Statutes Pertaining to Land Use
Appendix C: Land-Use Planning Resources
Table of Cases
About the Author