99/2024

M114/2024

May 10, 2024

Community Charter and Local Government Act

Approval Exemption (Controlled Access Highway) Regulation

[Last amended October 31, 2025 by B.C. Reg. 192/2025]

99_2024_pit

Definition

In this regulation, zoning bylaw has the same meaning as in

section 1 of the

Schedule to the Local Government Act .

[en. B.C. Reg. 192/2025, s. 1.]

Small-scale multi-family housing approval exemption

0.1

A reference in this

section to

section 481.3 [zoning bylaws and small-scale multi-family housing] of the Local Government Act or a regulation made for the purposes of that

section is a reference to that Act or regulation as the Act or regulation read on December 7, 2023.

The requirement in

section 52 (3) (a) [development near controlled access highway] of the Transportation Act for the approval of the minister or the minister's designate does not apply to a zoning bylaw if

the bylaw is made only for the purpose of complying with

section 481.3 of the Local Government Act ,

the bylaw permits the use and minimum density of use set out in

section 481.3 of the Local Government Act or a regulation made for the purposes of that section, and

the bylaw does not permit a density of use that is greater than the minimum density of use set out in

section 481.3 of the Local Government Act or a regulation made for the purposes of that section.

For certainty, the requirement in

section 52 (3) (

a) of the Transportation Act continues to apply to a zoning bylaw to the extent that the zoning bylaw permits either or both of the following:

a use other than a use set out in

section 481.3 of the Local Government Act or a regulation made for the purposes of that section;

a density of use that is greater than the minimum density of use set out in

section 481.3 of the Local Government Act or a regulation made for the purposes of that section.

[am. B.C. Reg. 192/2025, s. 2.]

Housing needs report approval exemption

A reference in this

section to

section 481.7 [zoning bylaws and housing needs report] of the Local Government Act is a reference to that Act as it read on June 18, 2024.

The requirement in

section 52 (3) (

a) of the Transportation Act for the approval of the minister or the minister's designate does not apply before January 1, 2026 to a zoning bylaw if

the bylaw is made only for the purpose of complying with

section 481.7 (1) of the Local Government Act ,

the bylaw permits the use set out in

section 481.7 (1) of the Local Government Act , and

the bylaw is not made in response to an application under the Local Government Act for an amendment to a zoning bylaw.

Despite subsection (2) of this section, the requirement in

section 52 (3) (

a) of the Transportation Act continues to apply to a zoning bylaw to the extent that land subject to the zoning bylaw requires access to a controlled access highway as defined in

section 1 of the Transportation Act .

For certainty, the requirement in

section 52 (3) (

a) of the Transportation Act continues to apply to a zoning bylaw to the extent that the zoning bylaw permits a use other than the use set out in

section 481.7 (1) of the Local Government Act .

[en. B.C. Reg. 192/2025, s. 3.]

[Provisions relevant to the enactment of this regulation: Community Charter , S.B.C. 2003, c. 26, ss. 280 and 282 (1) and the Local Government Act , R.S.B.C. 2015, c. 1, ss. 249 and 783 (1).]