British Columbia Bill 26 (Government) — 4th Parliament, 42nd Session — Previous Version 1

4-42 Gov Bill 26-1

British Columbia — Bills

4th Session, 42nd Parliament

(2023) FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE RAVI KAHLON

MINISTER OF HOUSING

BILL 26 – 2023

MUNICIPALITIES ENABLING AND VALIDATING

(No. 5) 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: [Municipalities Enabling and Validating Act (No. 5),

section 6] repeals a provision.

Section 6 of the Municipalities Enabling and Validating Act (No. 5), S.B.C. 2023, c. 3, is repealed.

CLAUSE 2: [Municipalities Enabling and Validating Act (No. 5), sections 7 and 8]

validates a public hearing in relation to a specified bylaw of the Vancouver council;

deems the bylaw to be validly adopted by the council;

provides for powers and duties to be exercised or performed as if the bylaw had been adopted by the council under the Vancouver Charter ;

authorizes the council to enter into a specified housing agreement without the need to adopt a bylaw.

2 The following sections are added:

Validation of City of Vancouver bylaw

(1) In this section:

"amending bylaw" means the proposed bylaw titled "A By-law to amend Zoning and Development By-law No. 3575", as it read on July 26, 2022, that would amend the Zoning District Plan attached as

Schedule D to the zoning bylaw by rezoning the properties;

"properties" means the properties legally described as follows:

(

a) PID 015-212-157, Lot 2, except the Vancouver and Lulu Island Railway Right of Way as shown on Miscellaneous Plan 218, Block 305, District Lot 526, Plan 590;

(

b) PID 023-856-319, Parcel K, Block 305, District Lot 526, Group 1, New Westminster District, Plan LMP 34537;

(

c) PID 015-188-451, Lot 19, except the Vancouver and Lulu Island Right of Way as shown on Miscellaneous Plan 218, Block 305, District Lot 526, Plan 590;

(

d) PID 015-188-485, Lot 20, Block 305, District Lot 526, Plan 590;

"Vancouver council" means the Council as defined in

section 2 of the Vancouver Charter ;

"zoning bylaw" means the City of Vancouver's Zoning and Development By-law No. 3575.

(2) Despite

section 566 [amendment or repeal of zoning by-law] of the Vancouver Charter , despite the City of Vancouver's Procedure By-law No. 12577 and despite any decision of a court to the contrary made before or after this

section comes into force,

(

a) the public hearing on the amending bylaw, held on June 28, 29 and 30, 2022 and on July 14, 25 and 26, 2022, is conclusively deemed to have been validly held,

(

b) the amending bylaw is conclusively deemed to have been validly adopted by the Vancouver council, and

(

c) all powers and duties in relation to the zoning bylaw, as amended by the amending bylaw, may be exercised or performed as if the amending bylaw had been validly adopted by the Vancouver council under

section 566 of the Vancouver Charter .

Housing agreement

(1) In this section, "Vancouver council" means the Council as defined in

section 2 of the Vancouver Charter .

(2) Despite

section 565.2 (1) [housing agreements for affordable and special needs housing] of the Vancouver Charter , the Vancouver council may, without adopting a bylaw for that purpose, enter into a housing agreement in relation to the properties as defined in

section 7 of this Act.

(3) If the Vancouver council enters into a housing agreement under subsection (2),

section 565.2 (2) to (8) of the Vancouver Charter applies in relation to the housing agreement as if it were entered into by bylaw of the Vancouver council in accordance with

section 565.2 (1) of the Vancouver Charter .

Consequential Amendment

Vancouver Charter

CLAUSE 3: [Vancouver Charter,

section 2.1] is consequential to the amendments made by this Bill to the Municipalities Enabling and Validating Act (No. 5) .

Section 2.1 (4) of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following paragraph:

(

e) the Municipalities Enabling and Validating Act (No. 5) , S.B.C. 2023, c. 3.

Commencement

4 This Act comes into force on the date of Royal Assent.

Explanatory Notes