New Provincial Regulations: Bill 44 and Bill 47 

               The Provincial Government has made amendments to the Local Government Act (LGA) and the Vancouver Charter (VC) that will promote density increases in zones that have previously been restricted to single- family dwellings and duplexes, and in transit-oriented areas. In an effort to combat the housing crisis, the BC Provincial Government has issued new regulations and policy manuals to serve as a guideline for local governments to update their zoning bylaws and Official Community Plans (OCPs). The goal of the new regulations is to help communities to achieve more affordable homes in existing neighborhoods within close proximity to transit hubs. The Province has released modelling scenarios for Bill 44 and Bill 47, which estimate that the new legislation could lead to between 216,000 and 293,000 new homes over the next 10 years.

Bill 44: Housing Statutes (Residential Development) Amendment Act

               Previous zoning bylaws in British Columbia have favored the development of homes that are often unattainable for many members of the community. Additionally, previous zoning barriers require a long and complicated process for developers and homebuilders. Bill 44 aims to speed up the building process by requiring local governments to update their zoning bylaws and to work with homebuilders to move forward with viable housing projects. As of December 7, 2023, all zones restricted to single family or duplex dwellings are subject to the requirements of the new legislation. The regulations require the following to be allowed in locals government’s zoning bylaws; a minimum of one secondary suite or detached accessory dwelling unit, a minimum of three to four dwelling units, or a minimum of six dwelling units. Examples of small-scale multi-unit housing include but are not limited to: secondary suites in single-family dwellings or duplexes, detached accessory-dwelling units (ADUs) like garden suites or laneway homes, duplexes, triplexes, house-plexes, town homes etcetera. The number of housing units that will be permitted on a given lot will be determined by a variety of factors including: lot size, whether the lot is within the boundary of an OCP, servicing by municipal water and sewer systems, and proximity of a given lot to transit services. Local governments are reviewing the legislation with the objective of updating their zoning bylaws by June 30 2024.

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

               Bill 47 focuses on increasing density in communities surrounding transit hubs. The aim of designating Transit Oriented Areas (TOAs) is to enhance social sustainability by providing better access to public transportation. The regulations list various transit stations which local governments will be required to designate as TOAs in their bylaws by June 30, 2024. Of the 104 TOAs outlined, 52 of them come into effect immediately as they are in areas that already have transit supportive land use plans published by local governments. TOAs will be required to follow new regulations that will speed up the development processes, provide minimum allowable densities, and restrict local governments abilities to mandate residential parking. Land designated as TOAs will be subject to higher density requirements where local governments will have discretion to increase their minimum allowable density in terms of allowable FAR and building height. Properties that are designated as TOA’s will be exempt from the requirements of the Smal-Scall Multi-Unit Housing (SSMUH) guidelines, due to the fact that TOAs will be subject to higher density requirements than SSMUH guidelines. The TOA policy manual will be used as a reference guideline for local governments to update their zoning bylaws to adhere to TOA requirements.

Timeline Key Dates

June 30, 2024: Local Governments must have updated their zoning bylaw to accommodate small- scale, multi- unit housing requirements (except in areas where they have applied for an extension). Local governments must also designate any TOAs in their jurisdiction by bylaw on or before June 30, 2024.

December 31, 2025: Municipalities update their Official Community Plans and zoning bylaws based on the interim Housing Needs Report.

Links to the Policy Manuals

Provincial Policy Manual & Site Standards (SSMUH Guidelines)

Provincial Policy Manual: Transit-Oriented Areas (TOA Guidelines)