On January 27, the British Columbia Law Institute (BCLI) released its report on Access to Neighbouring Land and Airspace for Construction- Related Purposes. The report outlines options for resolving disputes concerning access by developers to land and airspace bordering a construction site.  

Potential solutions from the report are framed as a continuum of options: 

• Low intervention: “Private ordering” (good practices) – Focuses on improving negotiations without legal changes through better communication and transparency; 
• Middle: Alternative Dispute Resolution (ADR) – Providing structured, faster dispute resolution outside courts; 
• Court-based solution – A formal backstop when negotiations and ADR fail; and 
• High intervention: Legislative reform – More systemic changes to property and tort law through reducing holdout power and legal barriers, but with a greater impact on property rights. 

While the BCLI report focuses on access disputes, it is closely related to broader issues around construction activity, including crane operations and site safety. On March 3, the Province announced it is taking action to strengthen protections for workers and enhance crane safety with legislation enabling a new WorkSafeBC crane licensing and permitting program. The new program is based on recommendations from members of the Province’s Crane Safety Table, convened by the Minister of Labour with industry, labour, and technical experts to coordinate and accelerate action on improving safety.