1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE ROBIN BLENCOE
MINISTER OF MUNICIPAL AFFAIRS,
RECREATION AND HOUSING

BILL 57 -- 1993

MUNICIPAL AFFAIRS, RECREATION AND HOUSING
STATUTES AMENDMENT ACT, 1993

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

 
Islands Trust Act

1 The Islands Trust Act, S.B.C. 1989, c. 68, is amended by adding the following section:

Additional powers and exceptions
may be granted to a trust body

49.1 (1) In this section, "trust body" includes

(a) the executive committee,

(b) a specified local trust committee or a described class of local trust committees,

(c) the trust council, and

(d) the trust fund board.

(2) The Lieutenant Governor in Council may, by regulation,

(a) grant a power to a trust body, or

(b) provide for a trust body an exception to or a modification of a requirement established by an enactment.

(3) Section 290.1 of the Municipal Act applies for the purposes of subsection (2).

(4) Without limiting the generality of subsection (2), a regulation made under this section may allow the trust body to delegate the power granted, or to transfer the benefit received, to one or more of the other trust bodies.

(5) A regulation made under this section must not do any of the following:

(a) confer an authority otherwise available to a trust body;

(b) anything prohibited under paragraphs (b) through (e) of section 290.1 (2) of the Municipal Act;

(c) any other thing prohibited by regulation under subsection (6).

(6) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority under this section.

 
Municipal Act

2 The Municipal Act, R.S.B.C. 1979, c. 290, is amended by adding the following section:

Additional powers and exceptions may be granted to municipalities

290.1 (1) The Lieutenant Governor in Council may, by regulation, do one or more of the following in relation to a specified municipality or a described class of municipalities:

(a) grant a power to the municipality or class;

(b) provide an exception to or a modification of a requirement established by an enactment;

(c) establish any terms and conditions the Lieutenant Governor in Council considers appropriate regarding

(i) the grant of a power under paragraph (a) or the exercise of it, or

(ii) an exception or modification under paragraph (b) or the taking of its benefit.

(2) A regulation made under this section must not do any of the following:

(a) confer an authority otherwise available to a municipality, including any power that may be granted under section 287, 288, 289 or 290 of this Act;

(b) override an absolute prohibition contained in an enactment;

(c) confer an authority to levy a new tax;

(d) confer an authority to grant a new tax exemption;

(e) eliminate a requirement for obtaining the assent of the electors;

(f) any other thing prohibited by regulation under subsection (3).

(3) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority under this section.

3 The following section is added:

Additional powers and exceptions may be granted to regional districts

790.01 (1) The Lieutenant Governor in Council may, by regulation,

(a) grant a power to a specified regional district or a described class of regional districts, or

(b) provide for a specified regional district or a described class of regional districts an exception to or a modification of a requirement established by an enactment.

(2) Section 290.1 of the Municipal Act applies for the purposes of subsection (1).

(3) A regulation made under this section must not do any of the following:

(a) confer an authority otherwise available to a regional district, including any power that may be granted under section 786 (1) (h) or (j) or (2) or 790 of this Act;

(b) anything prohibited under paragraphs (b) through (e) of section 290.1 (2);

(c) any other thing prohibited by regulation under subsection (4).

(4) The Lieutenant Governor in Council may, by regulation, prescribe additional limitations on the authority under this section.

4 Section 963 is repealed and the following substituted:

Zoning bylaws

963 (1) A local government may, by bylaw, do one or more of the following:

(a) divide the whole or part of the municipality or regional district, as the case may be, into zones, name each zone and establish the boundaries of the zones;

(b) limit the vertical extent of a zone and provide other zones above or below it;

(c) regulate within a zone

(i) the use of land, buildings and structures,

(ii) the density of the use of land, buildings and structures,

(iii) the siting, size and dimensions of

(A) buildings and structures, and

(B) uses that are permitted on the land, and

(iv) the location of uses on the land and within buildings and structures;

(d) regulate the shape, dimensions and area, including the establishment of minimum and maximum sizes, of all parcels of land that may be created by subdivision, in which case

(i) the regulations may be different for different areas, and

(ii) the boundaries of those areas need not be the same as the boundaries of zones created under paragraph (a).

(2) The authority under subsection (1) may be exercised by incorporating in the bylaw maps, plans, tables or other graphic material.

(3) The regulations under subsection (1) may be different for one or more of the following, as specified in the bylaw:

(a) different zones;

(b) different uses within a zone;

(c) different locations within a zone;

(d) different standards of works and services provided;

(e) different siting circumstances.

(4) The power to regulate under subsection (1) includes the power to prohibit any use or uses in a zone.

Zoning for amenities and affordable housing

963.1 (1) A zoning bylaw may

(a) establish different density regulations for a zone, one generally applicable for the zone and the other or others to apply if the applicable conditions under paragraph (b) are met, and

(b) establish conditions in accordance with subsection (2) that will entitle an owner to a higher density under paragraph (a).

(2) The following are conditions that may be included under subsection (1) (b):

(a) conditions relating to the provision of amenities, including the number, kind and extent of amenities;

(b) conditions relating to the provision of affordable and special needs housing, as such housing is defined in the bylaw, including the number, kind and extent of the housing;

(c) a condition that the owner enter into a housing agreement under section 963.2 before a building permit is issued in relation to property to which the condition applies.

(3) A zoning bylaw may designate an area within a zone for affordable or special needs housing, as such housing is defined in the bylaw, if the owners of the property covered by the designation consent to the designation.

Housing agreements for affordable and special needs housing

963.2 (1) A local government may, by bylaw, enter into a housing agreement under this section.

(2) A housing agreement may include terms and conditions agreed to by the local government and the owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions respecting one or more of the following:

(a) the form of tenure of the housing units;

(b) the availability of the housing units to classes of persons identified in the agreement or the bylaw under subsection (1) for the agreement;

(c) the administration and management of the housing units, including the manner in which the housing units will be made available to persons within a class referred to in paragraph (b);

(d) rents that may be charged and the rates at which rents may be increased over time, as specified in the agreement or as determined in accordance with a formula specified in the agreement.

(3) A housing agreement may not vary the use or density from that permitted in the applicable zoning bylaw.

(4) A housing agreement may only be amended by bylaw adopted with the consent of the owner.

(5) If a housing agreement is entered into or amended, the local government must file in the land title office a notice that the land described in the notice is subject to the housing agreement.

(6) Once a notice is filed under subsection (5), the housing agreement and, if applicable, the amendment to it is binding on all persons who acquire an interest in the land affected by the agreement, as amended if applicable.

(7) On filing under subsection (5), the registrar must make a note of the filing against the title to the land affected but, in the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making of a note of the filing,

(a) the registrar is not liable nor is the Crown liable vicariously, and

(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.

(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 315 of the Land Title Act applies in respect of those fees.

 
Vancouver Charter

5 The Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following sections after section 565:

Zoning for amenities and affordable housing

565.1 (1) A zoning by-law may

(a) establish different density regulations for a district or zone, one generally applicable for the district or zone and the other or others to apply if the applicable conditions under paragraph (b) are met, and

(b) establish conditions in accordance with subsection (2) that will entitle an owner to a higher density under paragraph (a).

(2) The following are conditions that may be included under subsection (1) (b):

(a) conditions relating to the provision of amenities, including the number, kind and extent of amenities;

(b) conditions relating to the provision of affordable and special needs housing, as such housing is defined in the by-law, including the number, kind and extent of the housing;

(c) a condition that the owner enter into a housing agreement under section 565.2 before a building permit is issued in relation to property to which the condition applies.

(3) A zoning by-law under section 565 (1) (f) may designate an area within a zone for affordable or special needs housing, as such housing is defined in the by-law, if the owners of the property covered by the designation consent to the designation.

Housing agreements for affordable and special needs housing

565.2 (1) Council may, by by-law, enter into a housing agreement under this section.

(2) A housing agreement may include terms and conditions agreed to by Council and the owner regarding the occupancy of the housing units identified in the agreement, including but not limited to terms and conditions respecting one or more of the following:

(a) the form of tenure of the housing units;

(b) the availability of the housing units to classes of persons identified in the agreement or the by-law under subsection (1) for the agreement;

(c) the administration and management of the housing units, including the manner in which the housing units will be made available to persons within a class referred to in paragraph (b);

(d) rents that may be charged and the rates at which rents may be increased over time, as specified in the agreement or as determined in accordance with a formula specified in the agreement.

(3) A housing agreement may not vary the use or density from that permitted in the applicable by-law.

(4) A housing agreement may only be amended by by-law adopted with the consent of the owner.

(5) If a housing agreement is entered into or amended, the city must file in the land title office a notice that the land described in the notice is subject to the housing agreement, as amended if applicable.

(6) Once a notice is filed under subsection (5), the housing agreement or the amendment to it is binding on all persons who acquire an interest in the land affected by the agreement.

(7) On filing under subsection (5), the registrar must make a note of the filing against the title to the land affected but, in the event of any omission, mistake or misfeasance by the registrar or the staff of the registrar in relation to the making of a note of the filing,

(a) the registrar is not liable nor is the Crown liable vicariously, and

(b) the assurance fund or the Attorney General as a nominal defendant is not liable under Part 20 of the Land Title Act.

(8) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 315 of the Land Title Act applies in respect of those fees.

 
Explanatory Notes

This Act accomplishes 2 purposes:

First, it allows the Lieutenant Governor in Council to grant specified additional powers to individual local governments. By this, it replaces some enabling aspects of the Municipalities Enabling and Validating Acts.

Second, it provides authority for municipalities and regional districts to establish in their zoning bylaws increased permissible densities in exchange for specified amenities or housing, to designate in their zoning bylaws areas for affordable or special needs housing, subject to the consent of the property owners affected, and to enter into agreements with property owners to ensure the development and continued availability of affordable and special needs housing.


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