Bill 47 – 2023: Housing Statutes (Transit-Oriented Areas) Amendment Act, 2023

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

CLAUSE 1: [Local Government Act, section 455] adds definitions of "transit-oriented area" and "transit station" to Part 14 of the Act.

1 Section 455 of the Local Government Act, R.S.B.C. 2015, c. 1, is amended by adding the following definitions:

"transit-oriented area" means an area within a prescribed distance from a transit station;

(a) a prescribed bus stop, bus exchange, passenger rail station or other transit facility, and

(b) a planned, prescribed bus stop, bus exchange, passenger rail station or other transit facility.

CLAUSE 2: [Local Government Act, section 457] is consequential to amendments made by this Bill to the Act.

(a.2) section 481.01 [restrictions on zoning authority in relation to transit-oriented areas]; .

CLAUSE 3: [Local Government Act, section 473] requires consideration of applicable guidelines in developing or amending an official community plan.

(4) In developing or amending an official community plan, the local government must consider applicable guidelines, if any, under sections 582 [provincial policy guidelines] and 585.5 [provincial policy guidelines related to transit-oriented areas].

CLAUSE 4: [Local Government Act, section 479]

is consequential to amendments made by this Bill to the Act;
requires consideration of applicable guidelines in developing or adopting a zoning bylaw.

(g) different matters prescribed for the purposes of section 481.01 [restrictions on zoning authority in relation to transit-oriented areas]. , and

(6) In developing or adopting a bylaw under this section, a local government must consider applicable guidelines, if any, under section 585.5 [provincial policy guidelines related to transit-oriented areas].

CLAUSE 5: [Local Government Act, section 481.01] restricts the exercise of local government power under section 479 of the Act in relation to specified matters on land in a transit-oriented area.

Restrictions on zoning authority in relation to transit-oriented areas

481.01 Despite section 479 but subject to an exemption set out in the regulations, a local government must not exercise the powers under that section to prohibit or restrict a density of use, or a size or dimension of buildings or other structures, set out in the regulations in relation to land that is in a transit-oriented area and zoned to permit

CLAUSE 6: [Local Government Act, section 525.1]

prohibits local governments from requiring off-street parking spaces, other than for use by disabled persons, for residential use in transit-oriented areas;
permits local governments to establish design standards for certain off-street parking spaces provided for residential use in transit-oriented areas in circumstances in which the off-street parking spaces are not required to be provided;
provides for the application of provisions of section 525 of the Act in specified circumstances;
requires consideration of applicable guidelines in developing or adopting a bylaw under section 525 of the Act.

Off-street parking in transit-oriented areas

525.1 (1) Despite section 525 (1) (a) but subject to the regulations, if any, a local government must not require an owner or occupier of any land in a transit-oriented area, or of any building or other structure on the land, to provide off-street parking spaces for the residential use of the land, building or other structure, other than off-street parking spaces for use by disabled persons.

(2) If an owner or occupier of land, buildings or other structures in a transit-oriented area provides, despite not being required to do so, off-street parking spaces, other than off-street parking spaces for use by disabled persons, for the residential use of the land, buildings or other structures, a local government may, by bylaw, establish for those spaces design standards referred to in section 525 (1) (b).

(3) If the Lieutenant Governor in Council makes regulations requiring an owner or occupier of any land in a transit-oriented area, or of any building or other structure on the land, to provide off-street parking spaces for the residential use of the land, building or other structure, section 525 (1) (b) to (d) and (2) to (10) applies in relation to those spaces as if they were required to be provided by a bylaw under section 525.

(4) In developing or adopting a bylaw under section 525, a local government must consider applicable guidelines, if any, under section 585.5 [provincial policy guidelines related to transit-oriented areas].

CLAUSE 7: [Local Government Act, Division 23 of Part 14]

authorizes the minister to establish policy guidelines in relation to specified plans and bylaws that apply to transit-oriented areas;
authorizes the Lieutenant Governor in Council to make regulations in relation to transit-oriented areas for the purposes of specified provisions of the Act, as added by this Bill, including in relation to exemptions and off-street parking requirements.

Provincial policy guidelines related to transit-oriented areas

585.5 The minister may, after consulting with the minister responsible for the administration of the Community Charter, establish policy guidelines regarding the following:

(a) the process of developing and adopting, by a municipality or regional district, an official community plan or zoning bylaw that covers a transit-oriented area;

(b) the process of developing and adopting, by a municipality or regional district, a bylaw under section 525 [off-street parking and loading space requirements] of this Act to the extent the bylaw relates to parking in transit-oriented areas;

(c) the process of developing and adopting, by a municipality or regional district, a bylaw under section 585.52 of this Act;

(d) the content of a plan or bylaw referred to in paragraph (a), (b) or (c) of this section.

Regulations related to transit-oriented areas

(a) respecting transit-oriented areas, including, without limitation, prescribing distances for the purposes of the definition of "transit-oriented area" in section 455 [definitions in relation to this Part];

(b) respecting transit stations, including, without limitation, prescribing bus stops, bus exchanges, passenger rail stations and other transit facilities for the purposes of the definition of "transit station" in section 455;

(c) respecting exemptions from all or part of section 481.01 [restrictions on zoning authority in relation to transit-oriented areas];

(i) respecting, within a transit-oriented area, density of use of land, buildings and other structures and the size and dimension of buildings and other structures, and uses permitted on land, including, without limitation, respecting an amount of development, a number of storeys and a floor area ratio, and

(e) requiring an owner or occupier of any land, or of any building or other structure, in a transit-oriented area to provide off-street parking spaces for the residential use of the land, building or other structure.

CLAUSE 8: [Local Government Act, section 585.52]

requires local governments to designate transit-oriented areas and provides how those designations must be made;
requires consideration of applicable guidelines in developing or adopting a bylaw for the purposes of the section;
provides for giving notice of designations.

Local government designation of transit-oriented areas

585.52 (1) A local government must, by bylaw, designate each transit-oriented area in respect of the local government.

(a) be made by incorporating in the bylaw a map or plan or other graphic material, and

(b) include any land designated in respect of the local government by a regulation of the Lieutenant Governor in Council under this Act.

(3) In developing or adopting a bylaw under this section, a local government must consider applicable guidelines, if any, under section 585.5.

(4) As soon as practicable after adopting a bylaw under subsection (1), a local government must give written notice to the minister, together with a copy of the bylaw.

CLAUSE 9: [Local Government Act, section 585.53]

authorizes the Lieutenant Governor in Council to designate transit-oriented areas in specified circumstances and provides how those designations must be made;
provides for giving notice and specifies the required content of the notice;
provides a rule to address potential conflict between designations under this section and under section 585.52 of the Act, as added by this Bill.

Lieutenant Governor in Council designation of transit-oriented areas

585.53 (1) On the recommendation of the minister, the Lieutenant Governor in Council may make an order designating a transit-oriented area in respect of a local government.

(a) the minister is satisfied that the transit-oriented area designated by the local government does not meet the requirements under this Act,

(b) the minister has given notice to the local government of the minister's proposed recommendation, and

(a) identify the transit-oriented area in respect of which the minister proposes to make a recommendation,

(c) advise the local government that it must, within 90 days after receipt of the notice or by a later date set out in the notice, designate the transit-oriented area in accordance with the notice.

(4) A designation under subsection (1) must be made by incorporating in the order a map or plan or other graphic material.

(5) If a designation is made under subsection (1), the bylaw by which the local government designated the transit-oriented area is conclusively deemed to be amended to the extent necessary to reflect the transit-oriented area designated under subsection (1).

CLAUSE 10: [Local Government Act, section 585.53] adds a reason for a designation by the Lieutenant Governor in Council, consequential to amendments made by this Bill to the Act.

(ii) the transit-oriented area designated by the local government does not meet the requirements under this Act, , and

(b) in subsection (5) by striking out "If a designation is made under subsection (1)," and substituting "If a designation under subsection (1) is made for a reason referred to in subsection (2) (a) (ii),".

CLAUSE 11: [Local Government Act, Division 4 of Part 20] establishes transitional rules and interim provisions that do the following:

provide a definition for the purposes of the Division;
authorize the Lieutenant Governor in Council to make regulations designating transit-oriented areas in respect of a municipality or regional district;
provide how and when designations must be made and provide for giving notice of designations;
provide a rule to address potential conflict between designations under this Division and under section 585.52 of the Act, as added by this Bill;
provide that specified sections of the Act, as added by this Bill, do not apply in relation to proposed bylaws that have been given first reading;
defer the application of section 478 (2) of the Act in relation to specified zoning bylaws;
require a local government, in specified circumstances, to adopt a bylaw by a prescribed date for the purpose of complying with section 525.1 of the Act, as added by this Bill.

Transition – definition in relation to this Division

791 In this Division, "transit-oriented area" has the same meaning as in section 455 [definitions in relation to Part 14].

Transition – interim designation of transit-oriented areas

792 (1) On the recommendation of the minister, the Lieutenant Governor in Council may make regulations designating a transit-oriented area in respect of a local government.

(2) A designation under subsection (1) must be made by incorporating in the regulation a map or plan or other graphic material.

(3) As soon as practicable after a designation is made under subsection (1), written notice of the designation must be given to each municipality or regional district in respect of which a transit-oriented area is designated.

(4) If, in the manner contemplated by section 585.52 [local government designation of transit-oriented areas], a local government designates as a transit-oriented area an area that includes the same area designated under subsection (1) of this section, for the purposes of this Act,

(a) the designation under subsection (1) ceases to have effect in relation to the area of overlap, and

(b) the designation of the local government prevails over the designation under subsection (1) to the extent of any inconsistency.

(5) A regulation may not be made under subsection (1) on or after June 30, 2024.

Transition – provincial policy guidelines related to transit-oriented areas

793 (1) Section 473 (4) [content and process requirements], as it relates to applicable guidelines under section 585.5 [provincial policy guidelines related to transit-oriented areas], does not apply in relation to a proposed bylaw to adopt an official community plan that, on the date this section comes into force, has been given first reading.

(2) Section 479 (6) [zoning bylaws] does not apply in relation to a proposed zoning bylaw that, on the date this section comes into force, has been given first reading.

Transition – effect of official community plan

794 Section 478 (2) [effect of official community plan] does not apply, before the prescribed date, in relation to a zoning bylaw adopted by a local government for the purpose of complying with section 481.01 [restrictions on zoning authority in relation to transit-oriented areas].

Transition – restrictions on zoning authority in relation to transit-oriented areas

795 Section 481.01 [restrictions on zoning authority in relation to transit-oriented areas] does not apply in relation to an application for an amendment to a zoning bylaw if, on the date this section comes into force, the proposed bylaw that would amend the zoning bylaw has been given first reading.

Transition – off-street parking

796 (1) If, on the date this section comes into force, a bylaw of a local government requires an owner or occupier of any land in a transit-oriented area, or of any building or other structure on the land, to provide off-street parking spaces for the residential use of the land, building or other structure, other than off-street parking spaces for use by disabled persons, the local government must, by the prescribed date, adopt a bylaw that complies with the restriction in section 525.1 (1) [off-street parking in transit-oriented areas].

(2) Section 525.1 does not apply in relation to an application for an amendment to a zoning bylaw if, on the date this section comes into force, the proposed bylaw that would amend the zoning bylaw has been given first reading.

CLAUSE 12: [Vancouver Charter, section 2] adds definitions of "transit-oriented area" and "transit station" to section 2 of the Act.

12 Section 2 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following definitions:

"transit-oriented area" means an area within a prescribed distance from a transit station;

(a) a prescribed bus stop, bus exchange, passenger rail station or other transit facility, and

(b) a planned, prescribed bus stop, bus exchange, passenger rail station or other transit facility; .

CLAUSE 13: [Vancouver Charter, section 306.01]

prohibits the Vancouver city council from requiring off-street parking spaces, other than for use by disabled persons, for residential use in transit-oriented areas;
permits the Vancouver city council to establish design standards for certain off-street parking spaces provided for residential use in transit-oriented areas in circumstances in which the off-street parking spaces are not required to be provided;
provides for the application of provisions of section 306 of the Act in specified circumstances;
requires consideration of applicable guidelines in developing or adopting a bylaw under section 306 (1) (r) of the Act.

Off-street parking in transit-oriented areas

306.01 (1) Despite section 306 (1) (r) (i) but subject to the regulations, if any, the Council must not require an owner or occupier of any land or building in a transit-oriented area to provide off-street parking spaces for the residential use of the land or building, other than off-street parking spaces for use by disabled persons.

(2) If an owner or occupier of land or buildings in a transit-oriented area provides, despite not being required to do so, off-street parking spaces, other than off-street parking spaces for use by disabled persons, for the residential use of the land or buildings, the Council may, by by-law, establish for those spaces design standards referred to in section 306 (1) (r) (ii).

(3) If the Lieutenant Governor in Council makes regulations requiring an owner or occupier of any land or building in a transit-oriented area to provide off-street parking spaces for the residential use of the land or building, section 306 (1) (r) (ii), (iii) and (iv) and (2) to (10) applies in relation to those spaces as if they were required to be provided by a by-law under section 306 (1) (r).

(4) In developing or adopting a by-law under section 306 (1) (r), the Council must consider applicable guidelines, if any, under section 574.61 [provincial policy guidelines related to transit-oriented areas].

CLAUSE 14: [Vancouver Charter, section 561] requires consideration of applicable guidelines in developing or amending a development plan.

(3.2) When developing or amending a development plan under this section, the Council must consider applicable guidelines, if any, under section 574.61 [provincial policy guidelines related to transit-oriented areas].

CLAUSE 15: [Vancouver Charter, section 565]

is consequential to amendments made by this Bill to the Act;
requires consideration of applicable guidelines in developing or adopting a zoning bylaw.

(4) In addition to the authority under subsection (3), a by-law under this section may make different provisions for different matters prescribed for the purposes of section 565.001.

(5) In developing or adopting a by-law under this section, the Council must consider applicable guidelines, if any, under section 574.61 [provincial policy guidelines related to transit-oriented areas].

CLAUSE 16: [Vancouver Charter, section 565.001] restricts the exercise of Vancouver city council power under section 565 of the Act in relation to specified matters on land in a transit-oriented area.

Restrictions on zoning authority in relation to transit-oriented areas

565.001 Despite section 565 but subject to an exemption set out in the regulations, the Council must not exercise the powers referred to in that section to prohibit or restrict a density of use, or a height, bulk, size or floor area of buildings, set out in the regulations in relation to land that is in a transit-oriented area and zoned to permit

CLAUSE 17: [Vancouver Charter, Division (7) of Part XXVII]

authorizes the minister to establish policy guidelines in relation to specified plans or bylaws that apply to transit-oriented areas;
authorizes the Lieutenant Governor in Council to make regulations in relation to transit-oriented areas for the purposes of specified provisions of the Act, as added by this Bill, including in relation to exemptions and off-street parking requirements.

Provincial policy guidelines related to transit-oriented areas

574.61 The minister may, after consulting with the minister responsible for the administration of the Community Charter, establish policy guidelines regarding the following:

(a) the process of developing and adopting, by the Council, a by-law under section 306 (1) (r) [off-street parking and loading space requirements] of this Act to the extent the by-law relates to parking in transit-oriented areas;

(b) the process of developing and adopting, by the Council, a development plan or zoning by-law that applies to a transit-oriented area;

(d) the content of a development plan or by-law referred to in paragraph (a), (b) or (c) of this section.

Regulations related to transit-oriented areas

(a) respecting transit-oriented areas, including, without limitation, prescribing distances for the purposes of the definition of "transit-oriented area" in section 2 [interpretation];

(c) requiring an owner or occupier of any land or building in a transit-oriented area to provide off-street parking spaces for the residential use of the land or building;

(d) respecting exemptions from all or part of section 565.001 [restrictions on zoning authority in relation to transit-oriented areas];

(i) respecting, within a transit-oriented area, density of use of land and buildings and the height, bulk, size and floor area of buildings, including, without limitation, respecting an amount of development, a number of storeys and a floor-space ratio, and

CLAUSE 18: [Vancouver Charter, section 574.62] is consequential to amendments made by this Bill to the Act.

(a) establish different classes of parts or areas of the city, persons, property, circumstances, things and other matters;

(b) make different provisions, including exceptions, for different classes referred to in paragraph (a);

(c) make different provisions, including exceptions, for different parts or different areas of the city or different persons, property, circumstances, things and other matters.

CLAUSE 19: [Vancouver Charter, section 574.63]

requires Vancouver city council to designate transit-oriented areas and provides how those designations must be made;
requires consideration of applicable guidelines in developing or adopting a bylaw for the purposes of the section;
provides for giving notice of designations.

Council designation of transit-oriented areas

574.63 (1) The Council must, by by-law, designate each transit-oriented area within the city.

(b) include any land designated in respect of the city by a regulation of the Lieutenant Governor in Council under this Act.

(3) In developing or adopting a by-law under this section, the Council must consider applicable guidelines, if any, under section 574.61.

(4) As soon as practicable after adopting a by-law under subsection (1), the Council must give written notice to the minister, together with a copy of the by-law.

CLAUSE 20: [Vancouver Charter, section 574.64]

authorizes the Lieutenant Governor in Council to designate transit-oriented areas in specified circumstances and provides how those designations must be made;
provides for giving notice and specifies the required content of the notice;
provides a rule to address potential conflict between designations under this section and under section 574.63 of the Act, as added by this Bill.

Lieutenant Governor in Council designation of transit-oriented areas

574.64 (1) On the recommendation of the minister, the Lieutenant Governor in Council may make an order designating a transit-oriented area in respect of the city.

(a) the minister is satisfied that the transit-oriented area designated by the Council does not meet the requirements under this Act,

(b) the minister has given notice to the Council of the minister's proposed recommendation, and

(a) identify the transit-oriented area in respect of which the minister proposes to make a recommendation,

(c) advise the Council that it must, within 90 days after receipt of the notice or by a later date set out in the notice, designate the transit-oriented area in accordance with the notice.

(4) A designation under subsection (1) must be made by incorporating in the order a map or plan.

(5) If a designation is made under subsection (1), the by-law by which the Council designated the transit-oriented area is conclusively deemed to be amended to the extent necessary to reflect the transit-oriented area designated under subsection (1).

CLAUSE 21: [Vancouver Charter, section 574.64] adds a reason for a designation by the Lieutenant Governor in Council, consequential to amendments made by this Bill to the Act.

(ii) the transit-oriented area designated by the Council does not meet the requirements under this Act, , and

CLAUSE 22: [Vancouver Charter, Division (4) of Part XXXI] establishes transitional rules and interim provisions that do the following:

provide definitions for the purposes of the Division;
authorize the Lieutenant Governor in Council to make regulations designating transit-oriented areas in the city of Vancouver;
provide how and when designations must be made and provide for giving notice of designations;
provide a rule to address potential conflict between designations under this Division and under section 574.63 of the Act, as added by this Bill;
provide that specified sections of the Act, as added by this Bill, do not apply in relation to proposed bylaws that have been given first reading;
require the Vancouver city council, in specified circumstances, to adopt a bylaw by a prescribed date for the purpose of complying with section 306.01 of the Act, as added by this Bill.

Definitions for this Division

"first reading", in relation to a proposed by-law, means the date on which the proposed by-law is first read by Council for the purposes of potential adoption;

"official development plan" has the same meaning as in section 559 [definitions for Part XXVII].

Transition – interim designation of transit-oriented areas

630. (1) On the recommendation of the minister, the Lieutenant Governor in Council may make regulations designating a transit-oriented area in respect of the city.

(2) A designation under subsection (1) must be made by incorporating in the regulation a map or plan.

(3) As soon as practicable after a designation is made under subsection (1), written notice of the designation must be given to the Council.

(4) If, in the manner contemplated by section 574.63 [Council designation of transit-oriented area], the Council designates as a transit-oriented area an area that includes the same area designated under subsection (1) of this section, for the purposes of this Act,

(a) the designation under subsection (1) ceases to have effect in relation to the area of overlap, and

(b) the designation of the Council prevails over the designation under subsection (1) to the extent of any inconsistency.

(5) A regulation may not be made under subsection (1) on or after June 30, 2024.

Transition – provincial policy guidelines related to transit-oriented areas

631. (1) Section 561 (3.2) [development plans] does not apply in relation to either of the following:

(a) a proposed by-law to adopt an official development plan that, on the date this section comes into force, has been given first reading;

(b) a proposed development plan that has been read by Council for the first time.

(2) Section 565 (4) [zoning by-law] does not apply in relation to a proposed zoning by-law that, on the date this section comes into force, has been given first reading.

Transition – restrictions on zoning authority in relation to transit-oriented areas

632. Section 565.001 [restrictions on zoning authority in relation to transit-oriented areas] does not apply in relation to an application for an amendment to a zoning by-law if, on the date this section comes into force, the proposed by-law that would amend the zoning by-law has been given first reading.

Transition – off-street parking

633. (1) If, on the date this section comes into force, a by-law of the Council requires an owner or occupier of any land or building in a transit-oriented area to provide off-street parking spaces for the residential use of the land or building, other than off-street parking spaces for use by disabled persons, the Council must, by the prescribed date, adopt a by-law that complies with the restriction in section 306.01 (1) [off-street parking in transit-oriented areas].

(2) Section 306.01 does not apply in relation to an application for an amendment to a zoning by-law if, on the date this section comes into force, the proposed by-law that would amend the zoning by-law has been given first reading.

(3) The Lieutenant Governor in Council may make regulations prescribing a date for the purposes of subsection (1).

Consequential and Related Amendments

CLAUSE 23: [Islands Trust Act, section 29] is consequential to amendments made by this Bill to the Local Government Act.

23 Section 29 (1) (b) of the Islands Trust Act, R.S.B.C. 1996, c. 239, is amended by adding the following subparagraph:

CLAUSE 24: [Transportation Act, section 24] is related to amendments made by this Bill to the Local Government Act and the Vancouver Charter.

24 Section 24 of the Transportation Act, S.B.C. 2004, c. 44, is amended by repealing the definition of "transit station" and substituting the following:

(b) a planned bus exchange, passenger rail station or prescribed transit facility; .

Commencement

25 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes