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Posted on: February 19, 2021

District to Appeal B.C. Supreme Court’s Decision Regarding Applicability of Bylaws to Quarry

District of Highlands to Appeal B.C. Supreme Court’s Decision Regarding Applicability of Bylaws to Quarry

After carefully reviewing the Reasons for Judgment in O.K. Industries v. District of Highlands, 2021 BCSC 81, the District of Highlands has elected to pursue an appeal of the decision including the declarations issued respecting the application of the District’s bylaws to O.K. Industries Ltd.’s proposed quarry site.

On January 20, 2021, the B.C. Supreme Court found that the Province has exclusive jurisdiction over the operation of quarries and that various District bylaws are inapplicable to certain activities authorized by the quarry permit issued by the Chief Inspector of Mines, Energy and Petroleum Resources to O.K. Industries on March 18, 2020. The Court indicated the District’s jurisdiction to regulate the use of O.K. Industries’ property through its bylaws is re-engaged when the quarrying is complete. 

The District recognizes that the quarry lands remain important to the Highlands community. The District acknowledges the significance of the Court’s decision and has filed an application to the Court of Appeal. 

 Timelines for the hearing of the appeal are undetermined at this time. 

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