Can a municipality declare a state of emergency under its by-laws?
British Columbia, Canada
The following excerpt is from A.H. v Fraser Health Authority, 2019 BCSC 227 (CanLII):
In Kuypers v. Langley (Township), [1992] B.C.J. No. 113 (S.C.), a dog was seized by the Township of Langley under its by-laws, which declared a state of emergency in the Township with regard to dangerous dogs. In assessing whether the facts justified the exercise of emergency powers, Hogarth J. found that "any by-law drafted to meet an emergency must be designed to deal with a specific situation, existent or immediately expected, and thus must be limited in time and cannot become a by-law of perennial general application to future events": para. 50.
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