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October 2009

Ultra Vires Revisted, Yet Again

Important changes to the legislation which governs British Columbia's universities, colleges and institutes passed first reading in the BC Legislature on October 7, 2009. Bill 13, The Miscellaneous Statutes Amendment Act, 2009, contains amendments that will be of great interest to all BC public institutions of higher learning. In particular, Bill 13 effectively reverses, for the benefit of all such institutions, the notorious Barbour decision (see our April 2009 article about the Barbour decision here). Readers will remember that the Barbour decision effectively held that UBC did not have the authority to levy fines for parking violations, and would likely have to refund the fines it has recovered over the years, not only to Mr. Barbour but everyone else who had paid such fines.

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