BILL M216 – 2025
PROFESSIONAL RELIANCE ACT

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"applicant" means a person who is applying to a local government for approval of a development project;

"development permit area" means a development permit area designated under the Local Government Act;

"local government" means

(a) the board of a regional district,

(b) the council of a municipality, including the City of Vancouver,

(c) local trust committee as defined in the Islands Trust Act, or

(d) any other prescribed body;

"official community plan" has the same meaning as in the Local Government Act;

"PGA professional" means a registrant in good standing of a regulatory body set out in Schedule 1 to the Professional Governance Act;

"submission" means a technical submission that is required to be provided under a development project approval process established by a local government in respect of land use;

"superintendent" means the superintendent appointed pursuant to section 4 of the Professional Governance Act.

Acceptance of certified submission

2 A local government must accept, as meeting permit or bylaw requirements, any submission certified by a PGA professional acting within their regulated scope of practice, unless

(a) the submission is incomplete, or

(b) a complaint in respect of the submission has been made to the superintendent.

Resolution of dispute

3 Where a dispute arises between a PGA professional employed by a local government and a PGA professional retained by an applicant, the matter must be referred to the superintendent for resolution.

No limitation

4 Nothing in this Act limits a local government's ability to establish zoning bylaws, development permit areas or official community plans.

Peer review

5 A local government may not require a peer review of a submission that has been certified by a PGA professional, unless specifically authorized by the superintendent.

Building codes

6 Nothing in this Act affects the authority of the Province with respect to the establishment of building codes.

Liability of PGA professional

7 A PGA professional who has provided a certification referred to in section 2 or 5 is liable for damages resulting from any harm that is caused by reliance on the certification for the purposes of this Act.

Protection against actions

8 No legal proceeding for damages lies or may be commenced or maintained against a local government in respect of a submission certified by a PGA professional.

Regulations

9 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations to:

(a) designate a local body as a local government for the purposes of this Act or the regulations;

(b) establish dispute resolution procedures;

(c) set timelines for development application processing.

Commencement

10 This Act comes into force by regulation of the Lieutenant Governor in Council or on the date that is three months after the date of Royal Assent, whichever is earlier.