The Province can, however, pass laws governing the use of property and specify that compensation is not required. Provincial governments can create laws governing property, but they must conform to other provisions of Canada’s Charter, thus outright confiscation of personal property without compensation is rare, given the checks and balances provided.

In BC, the provincial legislature administers the laws that constitute the Vancouver Charter which, in turn, authorizes civic government to enact regulations that govern zoning, construction, building permits and a host of other by-laws affecting the use of private property. Property law statutes are created and administered by provincial legislatures and are subject to appeal under common law. Unlike the United States and other western democracies, Canada’s Charter of Rights and Freedoms does not include property rights, only indigenous people enjoy such rights, as ruled by the Supreme Court. The following is a brief explanation of the general status of property rights in Canada and how property rights are administered in BC as they relate to the City of Vancouver. Questions are arising about the legality of measures being taken by various levels of government, to serve their political agendas, and to the degree to which property rights can be abrogated in governments’ efforts to appease various interest groups.

Given the recent controversies arising over such issues as ‘affordable’ housing, heritage preservation, ‘green’ objectives and densification, many homeowners are affected by new laws and regulations that are, in some cases, devaluing their properties by limiting redevelopment options and disturbing the overall composition of the neighborhoods in which they live.

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