MUNICIPAL ACT

(a) the municipal public officer has, in relation to the conduct that is the subject matter of the
action, been guilty of dishonesty, gross negligence or malicious or wilful misconduct, or
(b) the cause of action is libel or slander.
(4) Subsection (1) does not absolve any of the corporations or bodies referred to in subsection (2)
(a) to (b) from vicarious Lability arising out of a tort committed by any of the individuals referred to in subsection

(2) which the corporation or body would bave been liable for Had this section not been in force.

1987-14-75 1989-73-2; 1989-21-137 (B.C.Reg. 36/90); 1989-68-60 (8-c) (B.C.Reg, 414/89); 1990-60-3,
}

Fallure to enforce certain bylaws

1552 A municipality, regional district or a member of its council, or a member of its board, or any
officer or employee of the municipality or district is-aot liable for any damages or other loss, including economic
loss, sustained by any person, or to the property of any person, as a result of neglect or failure, for any reason, to
enforce, by the institution of a civil proceeding or a prosecution, a bylaw made under Division (5S) of Part 21 or a
regulation made under section 740 (1). |

+

1987-14-7

Nulsance actions

7553 ° A municipality, regional district, council, regional board, improvement district or greater board,
as defined in section 943, ig not liable in any action based on nuisance or on the rule in Rylands v. Fletcher where
the damages arise, directly or indirectly, out of the breakdown on malfunction of
(a) a sewer system |
(b) a water or drainage facilily or system, or
(c) a dyke or a road.

, . 1987-14-7
‘Limltatlon on municipal liabllity regarding building plan approval .

‘958.4 (1) Where a municipality issues a building permit for a development that does not comply with the
Provincial building code or another applicable enactment respecting safety, the municipality shall not be held
able, directly or vicariously, for any damage, loss or expense caused or contributed to by an error, Omission or
other neglect in relation to its approval of the plans submitted with the application for the building permit if
| _(a) a person representing himself or herself as a professional engineer or architect registered as

~ such under Provincial legislation certified, as or on behalf of the applicant for the permit,

that the plans or the aspects of (he plans to which the noo-compliance relates complied with

the then current building code or other applicable enactment to which the non-compliance

relates, and Oo : - oe

-(b) the municipality, in issuing the building permit, indicated in-writing to the applicant for the
permit that it relied on the certification referredtoinparagraph(a), oe

(2) Subsection (1) does not apply where a municipality knew that the person making the

certification referred, to in that subsection was not, at the time of certification, registered as a professional

engineer or architect under Provincial legislation. | | oan

1990-59-2,

Municipality jolning third party . oe ES -_

—. 756. In case a proceeding is brought against a municipality to recover damages sustained by reasoo
of an obstruction, excavation, cellar or opening ia or adjoining a street, lane, square, public highway or bridge.
“placed, made, left or maintained by a person other than.an employee or agent of the municipality, the municipality.

has a remedy over against that person, aod may enforce payment accordingly of any damages and costs which the
plaintiff may recover against the municipality. The municipality is only entitled to the remedy over if the person is.

made a party to the proceeding, andif it is established as against that person that the damages were sustained by. nae

reason of an obstruction, excavation, cellar or opening placed, made, left or maintained by the person added'as a
defendant or third party. That person may defend the proceeding against the plaintiff's claim and (hat of the |
“municipality. The court may order costs to be paid by or to any party or on any claim set up as in other cases.
re ee RS1960-255-740. | So | a

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