Local Government Act 1 Deposited with Clerk of the Legislative Assembly on December 16, 2015 76470131/15001_00d/tlc15001_t E4tlc15001r Planning and Land Use Management General

Definitions in relation to this

Part In this Part: adopt , in relation to a bylaw or an official community plan, includes an amendment or repeal; agricultural land has the same meaning as in the Agricultural Land Commission Act ; Agricultural Land Commission means the Provincial Agricultural Land Commission established under

section of the Agricultural Land Commission Act ; agricultural land reserve has the same meaning as in the Agricultural Land Commission Act ; board of variance means a board of variance established under Division of this Part; density , in relation to land, a parcel of land or an area, means a the density of use of the land, parcel or area, or b the density of use of any buildings and other structures located on the land or parcel, or in the area; development cost charge means a charge imposed by a development cost charge bylaw; development cost charge bylaw means a bylaw under

section 559 (1); development permit means a permit under

section 490 [development permit for subdivision, construction and other activities] ; development variance permit means a permit under

section 498; farm business has the same meaning as in the Farm Practices Protection (Right to Farm) Act ; farm operation has the same meaning as in the Farm Practices Protection (Right to Farm) Act ; farmer has the same meaning as in the Farm Practices Protection (Right to Farm) Act ; farming area means an area of land a that is agricultural land, b that is designated as a farming area under the Farm Practices Protection (Right to Farm) Act , or c in relation to which a person carries on a type of aquaculture prescribed as a farm operation under the Farm Practices Protection (Right to Farm) Act ; form of tenure means the legal basis on which a person occupies a housing unit; housing unit means a self-contained dwelling unit; land use permit means a development permit, a temporary use permit, a development variance permit or a permit under Division 10 [Other Permits and Permit Matters] of this Part; land use regulation bylaw means a bylaw under any of the following Divisions of this Part: a Division 5 [Zoning Bylaws] ; b Division 12 [Phased Development Agreements] ; c Division 13 [Other Land Use Regulation Powers] ; phased development agreement means a phased development agreement under

section 516; residential rental tenure means a form of tenure as such form of tenure is defined by a local government in a zoning bylaw; strata lot has the same meaning as in

section of the Strata Property Act ; subdivision means a a subdivision as defined in the Land Title Act , and b a subdivision under the Strata Property Act ; temporary use permit means a permit under

section 493; transit-oriented area means an area within a prescribed distance from a transit station; transit station means 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. Area of authority for municipalities and regional districts Unless express authority is given by another provision of this Part, a the authority of a municipality under this

Part is limited to the municipality, and b the authority of a regional district under this

Part is limited to that part of the regional district that is not in a municipality. Rural land use bylaws 457 A rural land use bylaw adopted under

section of the Local Government Act , R.S.B.C. 1996, c. 323, before that

section was repealed by the Local Government Statutes Amendment Act, 2000 , is deemed to be a general bylaw under

section 138 [municipal codes and other general bylaws] of the Community Charter . 2 The provisions of a rural land use bylaw are deemed to be provisions of an official community plan, zoning bylaw or subdivision servicing bylaw, as applicable depending on their nature, included in a general bylaw. 3 The following provisions do not apply to a rural land use bylaw: a

section 472 (2) (a) [bylaw to adopt official community plan] ; a.1

section 473.1 [official community plan and housing needs report] ; a.2

section 481.01 [restrictions on zoning authority in relation to transit-oriented areas] ; b

section 481.3 [zoning bylaws and small-scale multi-family housing] ; c

section 481.7 [zoning bylaws and housing needs report] . Limits on use of this Part and

Part 15 457.1 The following powers must not be exercised in a manner that unreasonably prohibits or restricts the use or density of use required to be permitted under

section 481.3 [zoning bylaws and small-scale multi-family housing] : a a power under

section 488 [designation of development permit areas] ; b a power in relation to a land use regulation bylaw or land use permit; c a power in relation to a heritage alteration permit, as defined in

section 586 [definitions in relation to

Part 15] ; d a power under

section 614 [designation of heritage conservation areas] . Limit on compensation 458 Compensation is not payable to any person for any reduction in the value of that person's interest in land, or for any loss or damages that result from any of the following: a the adoption of an official community plan; b the adoption of a bylaw under i Division 5 [Zoning Bylaws] , ii Division 12 [Phased Development Agreements] , or iii Division 13 [Other Land Use Regulation Powers] ; c the issue of a land use permit; d the termination of a land use contract under

section 547 [termination of all remaining land use contracts in 2024] ; e the adoption of a bylaw under

section 548 [process for early termination of land use contract] . 2 Subsection (1) does not apply in relation to a bylaw referred to in paragraph (

b) of that subsection that restricts the use of land to a public use. 2 Responsibilities, Procedures and Authorities Information that must be available to the public 459 A local government must maintain a current list of the following: a every bylaw in effect under this Part or

Part 15 [Heritage Conservation] and a general description of the purpose of the bylaw; b every bylaw under this Part or Part that has been given first reading, a general description of the bylaw and its current status; c every permit issued under this Part or

Part 15. 2 A list under subsection (1) must be available for public inspection at the local government offices during their regular office hours. 3 Non-compliance with subsection (1) or (2), or any inaccuracy in a list, does not affect the validity of a bylaw or permit referred to in subsection (1).

Development approval procedures 460 A local government that has adopted an official community plan bylaw or a zoning bylaw must, by bylaw, define procedures under which an owner of land may apply for a an amendment to the plan or bylaw, or b the issue of a permit under this Part. 2 A local government must consider every application for a an amendment referred to in subsection (1) (a), or b the issue of a permit referred to in subsection (1) (

b) that requires a resolution of the council or board. 3 If a bylaw under subsection (1) establishes a time limit for reapplication, the time limit may be varied in relation to a specific reapplication by an affirmative vote of at least 2/3 of the local government members eligible to vote on the reapplication. Advisory planning commission 461 A council may, by bylaw, establish an advisory planning commission to advise council on all matters respecting land use, community planning or proposed bylaws and permits under Divisions to of this Part and

section that are referred to the commission by the council. 2 A board may, by bylaw, establish an advisory planning commission for one or more electoral areas or portions of an electoral area to advise the board, or a regional district director representing the electoral area, on all matters referred to the commission by the board or by that director respecting land use, the preparation and adoption of an official community plan or a proposed bylaw or permit that may be enacted or issued under this Part. 3 The bylaw establishing an advisory planning commission must provide for a the composition of and the manner of appointing members to the commission, b the procedures governing the conduct of the commission, and c the referral of matters to the commission. 4 At least 2/3 of the members of an advisory planning commission must be residents of the municipality or the electoral area. 5 The following are not eligible to be a member of an advisory planning commission, but may attend a meeting of the commission in a resource capacity: a a council member; b a regional district director; c an employee or officer of the local government; d an approving officer. 6 The members of an advisory planning commission must serve without remuneration, but may be paid reasonable and necessary expenses that arise directly out of the performance of their duties. 7 If an advisory planning commission is established, minutes of all of its meetings must be kept and, on request, made available to the public. 8 If an advisory planning commission is considering a an amendment to an official community plan or a bylaw, or b the issue of a permit, the applicant for the amendment or permit is entitled to attend meetings of the commission and be heard.

Fees related to applications and inspections 462 A local government may, by bylaw, impose one or more of the following types of fees: a application fees for an application to initiate changes to the provisions of i an official community plan or bylaw under Division 4 [Official Community Plans] of this Part, ii a land use regulation bylaw, iii a bylaw under Division 11 [Subdivision and Development: Requirements and Related Matters] of this Part, or iv a bylaw under

Part 15 [Heritage Conservation] ; b application fees for the issue of i a land use permit under this Part, or ii a heritage alteration permit under

section 617; c application fees for an amendment to i a land use contract under

section 546 [amendment and discharge of land use contract by agreement] , or ii a heritage revitalization agreement under

section 610; d application fees for an application to a board of variance; e fees to cover the costs of administering and inspecting works and services under this Part that are costs additional to those related to fees under paragraphs (

a) to (d); f subdivision application fees, which may vary with the number, size and type of parcels involved in a proposed subdivision. 2 A fee imposed under subsection (1) must not exceed the estimated average costs of processing, inspection, advertising and administration that are usually related to the type of application or other matter to which the fee relates. 3 The minister may make regulations a that the minister considers necessary or advisable respecting the imposition of fees under subsection (1), and b prescribing fees for applications referred to in subsection (1) (f). 4 A regulation under subsection (3) prevails over a bylaw under subsection (1) to the extent of any conflict. 5 No other fee, charge or tax may be imposed in addition to a fee under subsection (1) as a condition of the matter referred to in that subsection to which the fee relates. 6 A local government, the City of Vancouver or an approving officer must not do either of the following unless authorized by this Act, by another Act or by a bylaw made under the authority of this Act or another Act: a impose a fee, charge or tax; b require a work or service to be provided.

Withholding building permits and business licences that conflict with bylaws in preparation 463 A local government may direct that a building permit be withheld for a period of 30 days, beginning on the day the application for the permit was made, if it passes a resolution identifying what it considers to be a conflict between a development proposed in the application for a building permit and a an official community plan that is under preparation, or b a bylaw, under any of the following, that is under preparation: i Division 5 [Zoning Bylaws] ; ii Division 12 [Phased Development Agreements] ; iii

section 523 [runoff control requirements] ; iv

section 524 [requirements in relation to flood plain areas] ; v

section 525 [off-street parking and loading space requirements] . 2 Subsection (1) does not apply unless a local government has, by resolution at least 7 days before the application for a building permit, begun the preparation of a plan or bylaw that is in conflict with the application. 3 During the 30 day period referred to in subsection (1), the local government must consider the application for the permit and may a direct the permit be withheld for a further 60 days, or b grant the permit, but impose conditions in it that would be in the public interest, having regard to the plan or bylaw that is under preparation. 4 If the local government does not adopt a plan or bylaw referred to in subsection (1) within the 60 day period, the owners of the land for which a building permit was withheld under this

section are entitled to compensation for damages arising from the withholding of the building permit. 5 For the purposes of subsection (4), a Division 7 [Expropriation and Compensation] of

Part 8 [Regional Districts: General Powers and Responsibilities] of this Act applies in relation to a regional district, and b Division 4 [Expropriation and Compensation] of

Part 3 [Additional Powers and Limits on Powers] of the Community Charter applies in relation to a municipality. 6 In relation to land that is subject to a resolution under subsection (1), the council may direct that a business licence in respect of the same land be withheld for a period not longer than 90 days, if the council considers that the use to which the land would be put and to which the business licence application relates would be contrary to the use that would be permitted by the bylaw that is under preparation. 7 Any requirement to approve a permit or licence under this

section is subject to

section 557 [Environmental Management Act requirements] . 3 Public Hearings on Planning and Land Use Bylaws When public hearing is required 464 Subject to this section, a local government must not adopt a an official community plan bylaw, b a zoning bylaw, or c a bylaw under

section 548 [early termination of land use contracts] without holding a public hearing on the bylaw for the purpose of allowing the public to make representations to the local government respecting matters contained in the proposed bylaw. 2 Subject to this section, a local government is not required to hold a public hearing on a proposed zoning bylaw if a an official community plan is in effect for the area that is the subject of the zoning bylaw, and b the bylaw is consistent with the official community plan. 3 A local government must not hold a public hearing on a proposed zoning bylaw if a an official community plan is in effect for the area that is the subject of the zoning bylaw, b the bylaw is consistent with the official community plan, c the sole purpose of the bylaw is to permit a development that is, in whole or in part, a residential development, and d the residential component of the development accounts for at least half of the gross floor area of all buildings and other structures proposed as part of the development. 4 A local government must not hold a public hearing on a zoning bylaw proposed for the sole purpose of complying with

section 481.3 [zoning bylaws and small-scale multi-family housing] . Public hearing procedures 465 A public hearing referred to in

section must be held after first reading of the bylaw and before third reading. 1.1 Subject to subsection (1.2), a public hearing referred to in

section may be conducted by means of electronic or other communication facilities. 1.2 The facilities referred to in subsection (1.1) must enable the public hearing's participants to hear, or watch and hear, each other. 2 At the public hearing, all persons who believe that their interest in property is affected by the proposed bylaw must be afforded a reasonable opportunity to be heard or to present written submissions respecting matters contained in the bylaw that is the subject of the hearing. 3 Subject to subsection (2), the chair of the public hearing may establish procedural rules for the conduct of the hearing. 4 More than one bylaw may be considered at a public hearing and more than one bylaw may be included in a notice of public hearing. 5 A written report of each public hearing, containing a

summary of the nature of the representations respecting the bylaw that were made at the hearing, must be prepared and maintained as a public record. 6 A report under subsection (5) must be certified as being fair and accurate by the person preparing the report and, if applicable, by the person to whom the hearing was delegated under

section 469. 7 A public hearing may be adjourned and no further notice of the hearing is necessary if the following are stated to those in attendance at the time the hearing is adjourned: a the time and date of the resumption of the hearing; b the place of the resumed hearing, if applicable; c the way in which the hearing is to be conducted by means of electronic or other communication facilities, if applicable. Notice of public hearing 466 If a public hearing referred to in

section is to be held, the local government must give notice of the hearing a in accordance with this section, and b in the case of a public hearing on an official community plan that includes a

schedule under

section 614 (3) (b) [designation of heritage conservation area] , in accordance with

section 592 [giving notice to owners and occupiers] . 2 The notice must state the following: a the time and date of the hearing; b the place of the hearing, if applicable; b.1 if the hearing is conducted by means of electronic or other communication facilities, the way in which the hearing is to be conducted by those means; c in general terms, the purpose of the bylaw; d the land or lands that are the subject of the bylaw; e the place where and the times and dates when copies of the bylaw may be inspected. 3 The notice must be published in accordance with

section 94 [requirements for public notice] of the Community Charter . 3.1 If the local government has adopted a bylaw under

section 94.2 [bylaw to provide for alternative means of publication] of the Community Charter , the notice must be published by at least one of the means of publication specified in the bylaw not less than 3 days and not more than 10 days before the public hearing. 3.2 If the local government has not adopted a bylaw under

section 94.2 of the Community Charter , the last publication of the notice must be not less than 3 days and not more than 10 days before the public hearing. 4 If the bylaw in relation to which the notice is given alters the permitted use or density of any area or the residential rental tenure in any area, or limits the form of tenure to residential rental tenure in any area, the notice must a subject to subsection (6), include a sketch that shows the area that is the subject of the bylaw alteration, including the name of adjoining roads if applicable, and b be mailed or otherwise delivered at least 10 days before the public hearing i to the owners, as shown on the assessment roll as at the date of the first reading of the bylaw, and ii to any tenants in occupation, as at the date of the mailing or delivery of the notice, of all parcels, any part of which is the subject of the bylaw alteration or is within a distance specified by bylaw from that part of the area that is subject to the bylaw alteration. 5 If the bylaw in relation to which the notice is given is a bylaw under

section 548 [early termination of land use contracts] , the notice must a subject to subsection (6), include a sketch that shows the area subject to the land use contract that the bylaw will terminate, including the name of adjoining roads if applicable, and b be mailed or otherwise delivered at least 10 days before the public hearing i to the owners, as shown on the assessment roll as at the date of the first reading of the bylaw, and ii to any tenants in occupation, as at the date of the mailing or delivery of the notice, of all parcels, any part of which is subject to the land use contract that the bylaw will terminate or is within a distance specified by bylaw from that part of the area that is subject to that land use contract. 6 If the location of the land can be clearly identified in the notice in a manner other than a sketch, it may be identified in that manner. 7 Subsection (4) does not apply if or more parcels owned by or more persons are the subject of the bylaw alteration. 8 The obligation to deliver a notice under subsection (4) or (5) is satisfied if a reasonable effort was made to mail or otherwise deliver the notice.

Notice if public hearing not held 467 If a local government decides not to hold, or is prohibited from holding, a public hearing referred to in

section 464 (2), (3) or (4) [public hearing not required, or prohibited, for certain zoning bylaws] on a proposed zoning bylaw, it must give notice in accordance with this section. 2 The notice must state the following: a in general terms, the purpose of the zoning bylaw; b the land or lands that are the subject of the bylaw; c the date of the first reading of the bylaw; d the place where and the times and dates when copies of the bylaw may be inspected. 3

Section 466 (3) to (4) and (6) to (8) applies to a notice under this section, except that a a reference in that

section to a public hearing is to be read as a reference to the first reading of the bylaw, and b the reference in subsection (4) (b) (

i) of that

section to the date of the first reading of the bylaw is to be read as a reference to the date of the mailing or delivery of the notice. Posted notices respecting proposed bylaws 468 Without limiting the obligations to give notice under sections and 467, a local government may, by bylaw, a require the posting of a notice on land that is the subject of a bylaw, and b specify the size, form and content of the notice and the manner in which and the locations where it must be posted. 2 Specifications under subsection (1) (

b) may be different for different areas, zones, uses within a zone and parcel sizes. Delegation of public hearings 469 If a local government makes a delegation in relation to one or more public hearings, a that delegation does not apply to a hearing unless the notice of hearing under

section includes notice that the hearing is to be held by a delegate, and b the resolution or bylaw making the delegation must be available for public inspection along with copies of the bylaw referred to in

section 466 (2) (e). 2 If the holding of a public hearing is delegated, the local government must not adopt the bylaw that is the subject of the hearing until the delegate reports to the local government, either orally or in writing, the views expressed at the hearing.

Procedure after public hearing 470 After a public hearing, the council or board may, without further notice or hearing, a adopt or defeat the bylaw, or b alter and then adopt the bylaw, provided that the alteration does not i do any of the following: A alter the use; B increase the density; C without the owner's consent, decrease the density of any area from that originally specified in the bylaw, or ii alter the bylaw in relation to residential rental tenure in any area. 2 A member of a council or board who a is entitled to vote on a bylaw that was the subject of a public hearing, and b was not present at the public hearing may vote on the adoption of the bylaw if an oral or written report of the public hearing has been given to the member in accordance with subsection (3). 3 The report referred to in subsection (2) must be given to the member by a an officer or employee of the local government, or b if applicable, the delegate who conducted the public hearing. 4 After a public hearing referred to in

section or third reading following notice under

section 467 [notice if public hearing not held] , a court must not quash or declare invalid the bylaw on the grounds that an owner or occupier a did not see or receive the notice under

section or 467, if the court is satisfied that there was a reasonable effort to mail or otherwise deliver the notice, or b who attended the public hearing or who can otherwise be shown to have been aware of the hearing, did not see or receive the notice, and was not prejudiced by not seeing or receiving it. 4 Official Community Plans Purposes of official community plan 471 An official community plan is a statement of objectives and policies to guide decisions on planning and land use management, within the area covered by the plan, respecting the purposes of local government. 2 To the extent that it deals with these matters, an official community plan should work towards the purpose and goals referred to in

section 428 [purpose of regional growth strategy] . Bylaw to adopt official community plan 472 A local government may, by bylaw, adopt one or more official community plans. 1.1 Despite subsection (1), the following must adopt one or more official community plans: a the council of a municipality; b a prescribed board of a regional district or a board in a prescribed class of regional districts. 2 An official community plan a must be included in the adopting bylaw as a schedule, and b must designate the area covered by the plan.

Content and process requirements 473 An official community plan must include statements and map designations for the area covered by the plan respecting the following: a the approximate location, amount, type and density of residential development required to meet anticipated housing needs over a period of at least 20 years; b the approximate location, amount and type of present and proposed commercial, industrial, institutional, agricultural, recreational and public utility land uses; c the approximate location and area of sand and gravel deposits that are suitable for future sand and gravel extraction; d restrictions on the use of land that is subject to hazardous conditions or that is environmentally sensitive to development; e the approximate location and phasing of any major road, sewer and water systems; f the approximate location and type of present and proposed public facilities, including schools, parks and waste treatment and disposal sites; g other matters that may, in respect of any plan, be required or authorized by the minister. 2 An official community plan must include housing policies of the local government respecting affordable housing, rental housing and special needs housing. 2.1 [Repealed 2023-45-10.] 3 An official community plan must include targets for the reduction of greenhouse gas emissions in the area covered by the plan, and policies and actions of the local government proposed with respect to achieving those targets. 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] .

Official community plan and housing needs report 473.1 This

section applies to a local government other than a local government that is exempted, or a local government in a class of local governments that is exempted, under this

section or

section 585.11 [application of Division 22] . 2 A local government must consider the most recent housing needs report received by the local government under

section 585.31 [when and how housing needs report must be received] , and the housing information on which the report is based, a when developing an official community plan, b when amending an official community plan in relation to statements and map designations under

section 473 (1) (a), or c when amending an official community plan in relation to housing policies under

section 473 (2) or subsection (4) of this section. 3 Without limiting

section 473 (1) (a), the statements and map designations included in an official community plan of the council of a municipality must provide for at least the 20-year total number of housing units required to meet anticipated housing needs, which total number is included in the most recent housing needs report that is a received by the local government under

section 585.31, and b applicable to the area covered by the plan. 4 Without limiting

section 473 (2), an official community plan of a local government must include housing policies of the local government respecting each class of housing needs required to be addressed in the most recent housing needs report that is a received by the local government under

section 585.31, and b applicable to the area covered by the plan. 5 The council of a municipality must, within the prescribed period after December of the year in which the council received the most recent housing needs report, review and, if necessary, adopt an official community plan that includes statements, maps and housing policies in accordance with subsections (3) and (4). 6 The Lieutenant Governor in Council may make regulations exempting a local government or a class of local governments from all or part of this section.

Policy statements that may be included 474 An official community plan may include the following: a policies of the local government relating to social needs, social well-being and social development; b a regional context statement, consistent with the rest of the plan, of how matters referred to in

section 429 (2) (

a) to (c) [required content for regional growth strategy] , and other matters dealt with in the plan, apply in a regional context; c policies of the local government respecting the maintenance and enhancement of farming on land in a farming area or in an area designated for agricultural use in the plan; d policies of the local government relating to the preservation, protection, restoration and enhancement of the natural environment, its ecosystems and biological diversity; e policies of the local government relating to alternative forms of transportation under sections 513.1 and 513.3 [requirements to provide land for transportation purposes] ; f policies of the local government relating to transportation demand management under

section 527.1 [transportation demand management] . 2 If a local government proposes to include a matter in an official community plan, the regulation of which is not within the jurisdiction of the local government, the plan may state only the broad objective of the local government with respect to that matter unless the minister has, under

section 473 (1) (g), required or authorized the local government to state a policy with respect to that matter.

Consultation during development of official community plan 475 During the development of an official community plan, or the repeal or amendment of an official community plan, the proposing local government must provide one or more opportunities it considers appropriate for consultation with persons, organizations and authorities it considers will be affected. 2 For the purposes of subsection (1), the local government must a consider whether the opportunities for consultation with one or more of the persons, organizations and authorities should be early and ongoing, and b specifically consider whether consultation is required with the following: i the board of the regional district in which the area covered by the plan is located, in the case of a municipal official community plan; ii the board of any regional district that is adjacent to the area covered by the plan; iii the council of any municipality that is adjacent to the area covered by the plan; iv first nations; v boards of education, greater boards and improvement district boards; vi the Provincial and federal governments and their agencies. 3 Consultation under this

section is in addition to the public hearing required under

section 477 (3) (c). 4 If the development of an official community plan, or the repeal or amendment of an official community plan, might affect agricultural land, the proposing local government must consult with the Agricultural Land Commission.

Consultation on planning for school facilities 476 If a local government has adopted, or proposes to adopt or amend, an official community plan for an area that includes the whole or any part of one or more school districts, the local government must consult with the boards of education for those school districts a at the time of preparing or amending the official community plan, and b in any event, at least once in each calendar year. 2 For consultation under subsection (1), the local government must seek the input of the boards of education on the following: a the actual and anticipated needs for school facilities and support services in the school districts; b the size, number and location of the sites anticipated to be required for the school facilities referred to in paragraph (a); c the type of school anticipated to be required on the sites referred to in paragraph (b); d when the school facilities and support services referred to in paragraph (

a) are anticipated to be required; e how the existing and proposed school facilities relate to existing or proposed community facilities in the area. Adoption procedures for official community plan 477 An official community plan must be adopted by bylaw in accordance with this section. 2 Each reading of a bylaw under subsection (1) must receive, a in the case of a municipal bylaw, an affirmative vote of a majority of all council members, and b in the case of a regional district bylaw, an affirmative vote of a majority of all directors entitled under Division 3 [Voting and Voting Rights] of

Part 6 [Regional Districts: Governance and Procedures] to vote on the bylaw. 3 After first reading of a bylaw under subsection (1), the local government must do the following in the indicated order: a first, consider the proposed official community plan in conjunction with i its financial plan, and ii any waste management plan under

Part 3 [Municipal Waste Management] of the Environmental Management Act that is applicable in the municipality or regional district; b next, if the proposed official community plan applies to agricultural land, refer the plan to the Provincial Agricultural Land Commission for comment; c next, hold a public hearing on the proposed official community plan in accordance with Division 3 [Public Hearings on Planning and Land Use Bylaws] of this Part. 4 In addition to the requirements under subsection (3), a local government may consider a proposed official community plan in conjunction with any other land use planning and with any social, economic, environmental or other community planning and policies that the local government considers relevant. 5 The minister may make regulations in relation to subsection (3) (

b) a defining areas for which and describing circumstances in which referral to the Agricultural Land Commission under that subsection is not required, and b providing that an exception under paragraph (

a) is subject to the terms and conditions specified by the minister. 6 Despite

section 135 (3) [at least one day between third reading and adoption] of the Community Charter , a council may adopt an official community plan at the same meeting at which the plan passed third reading. Effect of official community plan 478 An official community plan does not commit or authorize a municipality, regional district or improvement district to proceed with any project that is specified in the plan. 2 All bylaws enacted or works undertaken by a council, board or greater board, or by the trustees of an improvement district, after the adoption of a an official community plan, or b an official community plan under

section of the Municipal Act , R.S.B.C. 1979, c. 290, or an official settlement plan under

section of that Act, before the repeal of those sections became effective, must be consistent with the relevant plan. 5 Zoning Bylaws

Definitions in relation to this Division 478.1 In this Division: affordable and special needs housing zoning bylaw means a zoning bylaw referred to in

section 482.7 (1) [zoning bylaws and affordable and special needs housing] ; conditional density rule means a density rule established under

section 482 (1) [density benefits for amenities, affordable housing and special needs housing] to apply for a zone only on applicable conditions being met; density benefits zoning bylaw means a zoning bylaw referred to in

section 482 (1).

Zoning bylaws 479 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 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 the following within a zone: i the use of land, buildings and other structures; ii the density of the use of land, buildings and other structures; iii the siting, size and dimensions of A buildings and other structures, and B uses that are permitted on the land; iv the location of uses on the land and within buildings and other structures; c.1 limit the form of tenure in accordance with

section 481.1; 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. 2 The authority under subsection (1) may be exercised by incorporating in the bylaw maps, plans, tables or other graphic material. 3 The power to regulate under subsection (1) includes the power to prohibit any use or uses in a zone. 4 A bylaw under this

section may make different provisions for one or more of the following: 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; f different protected heritage properties; g different matters prescribed for the purposes of

section 481.01 [restrictions on zoning authority in relation to transit-oriented areas] . 5 In addition to the authority under subsection (4), a provisions under subsection (1) (

d) may be different for different areas, and b the boundaries of those areas need not be the same as the boundaries of zones created under subsection (1) (a). 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] . Adoption of municipal zoning bylaw Despite

section 135 (3) [at least one day between third reading and adoption] of the Community Charter , a council may adopt a zoning bylaw at the same meeting at which the bylaw passed third reading. Restrictions on zoning authority in relation to farming 481 This

section does not apply unless a regulation under

section 553 [authority and restrictions apply as declared by regulation] declares that it applies. 2 Despite

section 479 [zoning bylaws] but subject to this section, a local government must not exercise the powers under that

section to prohibit or restrict the use of land for a farm business in a farming area unless the local government receives the approval of the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act . 3 The minister referred to in subsection (2) may make regulations a defining areas for which and describing circumstances in which approval under that subsection is not required, and b providing that an exception under paragraph (

a) is subject to the terms and conditions specified by that minister. 4 Regulations under subsection (3) may be different for different regional districts, different municipalities, different areas and different circumstances. Restrictions on zoning authority in relation to transit-oriented areas 481.01 Despite

section 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 a any residential use, or b a prescribed use other than residential use.

Residential rental tenure 481.1 A zoning bylaw may limit the form of tenure to residential rental tenure within a zone or part of a zone for a location in relation to which multi-family residential use is permitted. 2 A limit under subsection (1) may limit the form of tenure to residential rental tenure in relation to a specified number, portion or percentage of housing units in a building.

Strata rental bylaws and housing cooperative rules 481.2 If a local government adopts a zoning bylaw that limits the form of tenure to residential rental tenure, the zoning bylaw in relation to residential rental tenure does not affect the following: a any lawful bylaw that a strata corporation may pass under

Part 8 [Rentals] of the Strata Property Act ; b any lawful rule that a housing cooperative may adopt in relation to the rental of housing. Zoning bylaws and small-scale multi-family housing 481.3 In this section, manufactured home zone means a zone in respect of which the only permitted residential use is for manufactured homes as defined in

section 673. 2 Subject to an exemption set out in

section 481.4 or the regulations, a zoning bylaw adopted by a local government must, by June 30, 2026, permit the use of land, buildings and other structures, and the density of use, required to be permitted under subsections (3), (4) and (5) of this section. 3 A local government must exercise the powers under

section to permit the use and density of use necessary to accommodate one or both of the following on land within a restricted zone: a at least one additional housing unit within a detached dwelling that would otherwise be a single-family dwelling; b at least one additional housing unit within another building on the same parcel or parcels of land on which a detached single-family dwelling is located. 3.1 For the purposes of subsection (3), restricted zone means a zone, other than a manufactured home zone, within which the permitted residential use on any parcel of land would, but for this section, be restricted to detached single-family dwellings. 4 A local government must exercise the powers under

section to permit the use and density of use necessary to accommodate at least the prescribed number of housing units on the following land within a restricted zone: a each parcel of land wholly or partly within an urban containment boundary established by a regional growth strategy applicable to the municipality or regional district, as the case may be; b if paragraph (

a) does not apply, each parcel of land that is i within a municipality the population of which is greater than the prescribed population, and ii wholly or partly within an urban containment boundary established by an official community plan of the local government; c if neither paragraph (

a) nor paragraph (

b) applies, each parcel of land within a municipality the population of which is greater than the prescribed population. 5 Despite subsection (4), the minimum number of housing units that must be permitted by the council of a municipality on a parcel of land, within a restricted zone, referred to in paragraph (a), (

b) or (

c) of subsection (4) is the greater number prescribed for the purposes of this subsection if the parcel of land is a wholly or partly within a prescribed distance from a bus stop in relation to which the prescribed requirements are met, and b at least the prescribed size. 5.1 For the purposes of subsections (4) and (5), restricted zone means a zone, other than a manufactured home zone, within which the permitted residential use on any parcel of land would, but for this section, be restricted to any of the following: a detached single-family dwellings; b detached single-family dwellings with one additional housing unit located within the detached single-family dwelling or on the same parcel or parcels of land on which the detached single-family dwelling is located; c detached single-family dwellings with one additional housing unit located within the detached single-family dwelling and one additional housing unit located on the same parcel or parcels of land on which the detached single-family dwelling is located; d duplexes; e duplexes with one additional housing unit located within each dwelling comprising the duplex or one or additional housing units on the same parcel or parcels of land on which the duplex is located. 5.2 For certainty, the use and density of use required to be permitted under subsections (3), (4) and (5) apply only in relation to a parcel of land on which residential use is permitted. 6 If the Lieutenant Governor in Council makes regulations respecting the siting, size, dimensions, location, type, form or density of housing units required to be permitted under this section, a local government must, by the prescribed date, exercise the powers under

section in accordance with those regulations. 7 In developing or adopting a zoning bylaw to permit the use and density of use required under this

section to be permitted, a local government must consider applicable guidelines, if any, under

section 582.1 [provincial policy guidelines related to small-scale multi-family housing] . Exemptions related to small-scale multi-family housing 481.4

Section 481.3 (4) and (5) does not apply in relation to any of the following land: a land that is protected under

section 12.1 (2) of the Heritage Conservation Act ; b land that is, on the date this

section comes into force, designated as protected under a bylaw made under

section 611 [heritage designation protection] of this Act; c land that is not connected to a water or sewer system provided as a service by a municipality or regional district; d land within a zone in respect of which the minimum lot size that may be created by subdivision is 4 m 2 ; e a parcel of land that is larger than 4 m 2 . 2 As soon as practicable after a local government adopts a zoning bylaw in respect of which an exemption under this

section or the regulations applies, the local government must give to the minister a written notice that identifies a the land in respect of which the exemption applies, and b the provision under which the exemption is exercised. Density benefits related to small-scale multi-family housing 481.5 1 [Repealed 2024-11-8.] 2 Despite

section 482 (1) but subject to subsection (3) of this section, a zoning bylaw must not establish conditional density rules for the purpose of achieving the minimum number of housing units required to be permitted under

section 481.3 (4) or (5). 3 A zoning bylaw may, under

section 482 (1), establish conditional density rules for only one of the minimum number of housing units required to be permitted under

section 481.3 (5) but, despite

section 482 (1) (b), may establish applicable conditions in relation to that single housing unit only in accordance with

section 482 (2) (

b) and (c). 4 This

section does not prohibit a zoning bylaw from establishing, under

section 482, conditional density rules, or applicable conditions, in relation to any number of housing units in excess of the minimum number of housing units required to be permitted under

section 481.3 (4) or (5). Regulations related to small-scale multi-family housing 481.6 The Lieutenant Governor in Council may make regulations as follows: a [Repealed 2025-26-2.] b respecting exemptions from all or part of

section 481.3 or the regulations, if any, made for the purposes of

section 481.3 (6); c for the purposes of

section 481.3 (4), respecting what constitutes an urban containment boundary; d for the purposes of

section 481.3 (5) (a), respecting requirements in relation to bus stops; d.1 for the purposes of

section 481.3 (5.1), respecting what constitutes a duplex; e for the purposes of

section 481.3 (6), respecting the siting, size, dimensions, location, type, form or density of housing units, including, without limitation, establishing restrictions and prohibitions; f respecting any other matter for which regulations are contemplated by

section 481.3. Zoning bylaws and housing needs report 481.7 A council of a municipality that is subject to

section 473.1 (3) [official community plan and housing needs report] must exercise the powers under

section 479 [zoning bylaws] to permit the use and density of use necessary to accommodate at least the 20-year total number of housing units required to meet anticipated housing needs, which total number is included in the most recent housing needs report received under

section 585.31 [when and how housing needs report must be received] by the council. 2 The council of a municipality must, within the prescribed period after December of the year in which the council received the most recent housing needs report, review and, if necessary, adopt a zoning bylaw to permit the use and density of use required to be permitted under this section. Density benefits and housing needs report 481.8 1 [Not in force. Repealed 2024-11-9.] 2 Despite

section 482 (1), a zoning bylaw must not establish conditional density rules for the purpose of achieving the minimum number of housing units required to be permitted under

section 481.7 (1). 3 This

section does not prohibit a zoning bylaw from establishing, under

section 482, conditional density rules in relation to any number of housing units in excess of the minimum number of housing units required to be permitted under

section 481.7 (1). Density benefits for amenities, affordable housing and special needs housing 482 A zoning bylaw may a subject to subsections (1.1) and (1.2), establish different density rules 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). 1.1 In relation to land that is in a transit-oriented area, a zoning bylaw must not establish a conditional density rule that entitles an owner to a higher density under subsection (1) (

a) that is less than or equal to a the density of use, and b the density corresponding to the size and dimension of buildings and other structures set out in the regulations made under

section 585.51 (d) (i) [regulations related to transit-oriented areas] in relation to that land. 1.2 A zoning bylaw must not establish a conditional density rule that entitles the owner of a development to a higher density under subsection (1) (

a) that is less than or equal to any higher density provided to the development under an affordable and special needs housing zoning bylaw. 2 The following are conditions that may be included under subsection (1) (b): a subject to subsection (2.1), conditions relating to the conservation or provision of amenities, including the number, kind and extent of amenities; b subject to subsection (2.2), conditions relating to the provision of affordable and special needs housing units, including conditions respecting either or both of the following: i the ownership and management of the units; ii the number of bedrooms in the units; c a condition that the owner enter into a housing agreement under

section before a building permit is issued in relation to property to which the condition applies. 2.1 A zoning bylaw must not establish conditions relating to the conservation or provision of an amenity that is specified in an amenity cost charge bylaw under

section 570.7 (1) (b) [amenities receiving funding from amenity cost charge] . 2.2 If a zoning bylaw imposes conditions referred to in subsection (2) (b), the zoning bylaw must also impose conditions respecting the following: a subject to subsection (2.3), the required portion of affordable and special needs housing units in a development; b the form of tenure of the affordable and special needs housing units; c the affordability of the units, including the sales price of the units or the rent to be charged for the units; d the length of time during which the units are subject to conditions imposed under subsection (2) (

b) and this subsection. 2.3 The portion of affordable and special needs housing units referred to in subsection (2.2) (

a) must be specified in the zoning bylaw as either or both of the following: a a proportion of all housing units in a development; b a percentage of the gross floor area of the residential component of a development. 2.4 If a zoning bylaw imposes conditions referred to in subsection (2) (

a) or (b), the zoning bylaw may, as an alternative to complying with those conditions and conditions under subsection (2.2), permit, in the circumstances set out in the zoning bylaw and at the option of the developer, the payment to the local government of an amount of money in accordance with

section 482.3 [payment of money instead of meeting conditions] . 2.5 In addition to the authority under

section 479 (4) [zoning bylaws] , provisions of a zoning bylaw referred to in subsection (1) of this

section may be different for one or more of the following: a different forms of tenure; b different areas; c different parcels of land; d different sizes or types of housing units; e different construction materials for housing units; f any other prescribed basis for difference. 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.

Consultation on density benefits zoning bylaw 482.1 During the development of a density benefits zoning bylaw, or the development of an amendment to such a zoning bylaw, the proposing local government must provide one or more opportunities it considers appropriate for consultation with persons, public authorities and organizations that the local government considers will be affected by the zoning bylaw. 2 No consultation is required to repeal a density benefits zoning bylaw. 3 The Lieutenant Governor in Council may make regulations respecting consultation under subsection (1), including regulations as follows: a establishing notice requirements and the process for consultation; b prescribing persons, public authorities and organizations that must be consulted; c prescribing circumstances in which no consultation is required.

Analysis and considerations for density benefits zoning bylaw 482.2 In adopting or amending a density benefits zoning bylaw, a local government must do the following: a have a financial feasibility analysis undertaken in accordance with subsection (2) and consider that analysis; b meet any other prescribed requirements. 2 The financial feasibility analysis referred to in subsection (1) (

a) must take into consideration any relevant matters and information, including the following: a the conditions of the local housing market; b the costs of residential construction; c the degree to which different factors affect the feasibility of meeting the conditions imposed under

section 482 (2) (

a) and (

b) and (2.2); d the amount of density required to ensure the feasibility of meeting the conditions imposed under

section 482 (2) (

a) and (

b) and (2.2); e any other prescribed matters or information. 3 A local government must make available to the public, on request, the considerations, information and analysis used to adopt or amend a density benefits zoning bylaw, but any information respecting the contemplated acquisition costs of specific properties need not be provided. 4 The Lieutenant Governor in Council may make regulations requiring that the financial feasibility analysis referred to in subsection (1) (

a) be undertaken by an individual with a professional designation specified in the regulation. Payment of money instead of meeting conditions 482.3 In this section, capital costs includes a planning, engineering and legal costs, and b interest costs directly related to meeting the conditions imposed under

section 482 (2) (

a) and (

b) and (2.2). 2 If a developer exercises the option, referred to in

section 482 (2.4), to pay money to a local government in respect of a development, the amount of money to be paid is equal to the estimated capital costs that the developer would otherwise incur to meet the conditions imposed under

section 482 (2) (

a) and (

b) and (2.2) in respect of the development. 3 The method for determining the estimated capital costs referred to in subsection (2) of this

section must be specified in the density benefits zoning bylaw. 4 Money referred to in

section 482 (2.4) is payable at the time the building permit is issued in relation to property to which the conditions imposed under

section 482 (2) (

a) and (

b) and (2.2) apply. 5 If money is received by a local government under subsection (4) of this

section in relation to the conservation or provision of amenities, the local government must a establish a density benefits reserve fund for amenities for the purpose of conserving or providing amenities, and b place the money to the credit of the density benefits reserve fund for amenities. 6 Money in a density benefits reserve fund for amenities, together with interest on it, may be used only for the following: a to pay the capital costs of conserving or providing amenities; b to pay principal and interest on a debt incurred by a local government as a result of an expenditure under paragraph (a); c to pay a person or public authority under a partnering agreement in order to pay capital costs incurred by the person or public authority to conserve or provide amenities in accordance with the density benefits zoning bylaw. 7 If money is received by a local government under subsection (4) in relation to the provision of affordable and special needs housing units, the local government must a establish a density benefits reserve fund for affordable and special needs housing for the purpose of providing, constructing, altering or expanding affordable and special needs housing units, and b place the money to the credit of the density benefits reserve fund for affordable and special needs housing. 8 Money in a density benefits reserve fund for affordable and special needs housing, together with interest on it, may be used only for the following: a to pay the capital costs of providing, constructing, altering or expanding affordable and special needs housing units; b to pay principal and interest on a debt incurred by a local government as a result of an expenditure under paragraph (a); c to pay any of the following for the purpose of providing, constructing, altering or expanding affordable and special needs housing units: i a corporation incorporated by, or in which shares have been acquired by, a municipality or regional district for a purpose that includes providing affordable housing; ii a society, other than a member-funded society as defined in

section of the Societies Act ; iii a housing cooperative, within the meaning of the Cooperative Association Act , that is not-for-profit; iv a board within the meaning of the Health Authorities Act ; v an agent of the government or the government of Canada; vi a registered charity as defined in

section 248 (1) of the Income Tax Act (Canada); vii a body within a prescribed class of bodies. 9 Authority to make payments under subsections (6) and (8) must be authorized by bylaw.

Providing affordable and special needs housing units elsewhere 482.4 Despite a density benefits zoning bylaw, a local government may, by bylaw and in accordance with this section, enter into an agreement with a person under which some or all of the affordable and special needs housing units that the person is required to provide under the zoning bylaw on a parcel of land are instead provided on one or more other parcels of land. 2 In an agreement under subsection (1), the requirements in relation to affordable and special needs housing units must meet or exceed the requirements under the density benefits zoning bylaw. 3 Without limiting the matters that may be dealt with in an agreement under subsection (1), the agreement must specify the following: a the parcels of land on which the affordable and special needs housing units will be located; b who is to provide the affordable and special needs housing units on each parcel of land; c when the affordable and special needs housing units are to be provided on each parcel of land; d how the provision of affordable and special needs housing units under the agreement will meet or exceed the requirements under the affordable and special needs housing zoning bylaw; e any other prescribed information.

Effect of bylaws adopted after application for rezoning, development permit or building permit submitted 482.5 In this section, in-stream and precursor application have the same meaning as in

section 568 (1). 2 Subject to subsection (3), a density benefits zoning bylaw that would otherwise be applicable to the construction, alteration or extension of a building or structure has no effect with respect to that construction, alteration or extension if a precursor application to that building permit is in-stream on the date the bylaw is adopted. 3 Subsection (2) does not apply if the applicant for that building permit agrees in writing that the density benefits zoning bylaw should have effect.

Annual report respecting density benefits zoning bylaw 482.6 Before June in each year, a local government must prepare and consider a report that includes the following information: a any amenities conserved or provided under the density benefits zoning bylaw or

section 482.3 (6); b the number of affordable and special needs housing units that are required by the density benefits zoning bylaw and for which a building permit has been issued during the previous year; c in relation to a density benefits reserve fund for amenities required under

section 482.3 (5), i the amounts received under

section 482.3 (4) in the applicable year in relation to the conservation or provision of amenities, ii the expenditures from the density benefits reserve fund for amenities in the applicable year, and iii the balance in the density benefits reserve fund for amenities at the start and at the end of the applicable year; d in relation to a density benefits reserve fund for affordable and special needs housing required under

section 482.3 (7), i the amounts received under

section 482.3 (4) in the applicable year in relation to the provision of affordable and special needs housing units, ii the expenditures from the density benefits reserve fund for affordable and special needs housing in the applicable year, and iii the balance in the density benefits reserve fund for affordable and special needs housing at the start and at the end of the applicable year; e any other prescribed information. 2 The local government must make the report available to the public from the time it considers the report until June in the following year.

Zoning bylaws and affordable and special needs housing 482.7 Subject to subsection (7) and the regulations made under subsection (8), a zoning bylaw may do the following: a subject to subsection (2), require developments within a zone that are, in whole or in part, residential developments to include the portion of affordable and special needs housing units that is specified in the zoning bylaw in accordance with subsection (3); b establish requirements in relation to the affordable and special needs housing units, including requirements respecting either or both of the following: i the ownership and management of the units; ii the number of bedrooms in the units; c provide higher density to developments that are subject to requirements under paragraphs (

a) and (

b) and subsection (2); d as an alternative to complying with the requirements under paragraphs (

a) and (

b) and subsection (2), permit, in the circumstances set out in the zoning bylaw and at the option of the developer, the payment to the local government of an amount of money in accordance with

section 482.91 [payment of money instead of providing affordable and special needs housing units] . 2 A zoning bylaw referred to in subsection (1) must, in accordance with any regulations made under subsection (8), establish requirements respecting the following: a the form of tenure of the affordable and special needs housing units; b the affordability of the units, including the sales price of the units or the rent to be charged for the units; c the length of time during which the units are subject to requirements under subsection (1) (

b) and this subsection. 3 The portion of affordable and special needs housing units referred to in subsection (1) (

a) must be specified in the zoning bylaw as either or both of the following: a a proportion of all housing units in a development; b a percentage of the gross floor area of the residential component of a development. 4 In addition to the authority under

section 479 (4) [zoning bylaws] , provisions of a zoning bylaw referred to in subsection (1) of this

section may be different for one or more of the following: a different forms of tenure; b different areas; c different parcels of land; d different sizes or types of housing units; e different construction materials for housing units; f any other prescribed basis for difference. 5 A local government must, before a building permit is issued in relation to property that is subject to requirements under subsections (1) and (2), enter into a housing agreement under

section with the owner of the property. 6 In relation to land that is in a transit-oriented area, a zoning bylaw may, under subsection (1) (c), provide a development with higher density that is less than, equal to or greater than a the density of use, and b the density corresponding to the size and dimension of buildings and other structures set out in the regulations made under

section 585.51 (d) (i) [regulations related to transit-oriented areas] in relation to that land. 7 An affordable and special needs housing zoning bylaw does not apply to a development in which all of the housing units will be owned by any of the following: a a corporation incorporated by, or in which shares have been acquired by, a municipality or regional district for a purpose that includes providing affordable housing; b a society, other than a member-funded society as defined in

section of the Societies Act ; c a housing cooperative, within the meaning of the Cooperative Association Act , that is not-for-profit; d a board within the meaning of the Health Authorities Act ; e an agent of the government or the government of Canada; f a registered charity as defined in

section 248 (1) of the Income Tax Act (Canada); g a body within a prescribed class of bodies. 8 The Lieutenant Governor in Council may make regulations respecting affordable and special needs housing zoning bylaws, including regulations as follows: a prohibiting specified local governments from making affordable and special needs housing zoning bylaws; b establishing a maximum portion of affordable and special needs housing units that may be specified in zoning bylaws under subsection (1) (a); c prohibiting or restricting forms of tenure of affordable and special needs housing units; d establishing requirements respecting the affordability of affordable and special needs housing units, including the sales price of the units or the rent to be charged for the units; e establishing requirements respecting the length of time during which affordable and special needs housing units are subject to requirements under subsections (1) (

b) and (2); f making provisions that the Lieutenant Governor in Council considers necessary or advisable for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in relation to affordable and special needs housing zoning bylaws.

Consultation on affordable and special needs housing zoning bylaw 482.8 During the development of an affordable and special needs housing zoning bylaw, or the development of an amendment to such a zoning bylaw, the proposing local government must provide one or more opportunities it considers appropriate for consultation with persons, public authorities and organizations that the local government considers will be affected by the zoning bylaw. 2 No consultation is required to repeal an affordable and special needs housing zoning bylaw. 3 The Lieutenant Governor in Council may make regulations respecting consultation under subsection (1), including regulations as follows: a establishing notice requirements and the process for consultation; b prescribing persons, public authorities and organizations that must be consulted; c prescribing circumstances in which no consultation is required.

Analysis and considerations for affordable and special needs housing zoning bylaw 482.9 In adopting or amending an affordable and special needs housing zoning bylaw, a local government must do the following: a have a financial feasibility analysis undertaken in accordance with subsection (2) and consider that analysis; b consider the most recent housing needs report received by the local government under

section 585.31 [when and how housing needs report must be received] , and the housing information on which the report is based; c consider whether the zoning bylaw would deter development; d meet any other prescribed requirements. 2 The financial feasibility analysis referred to in subsection (1) (

a) must take into consideration any relevant matters and information, including the following: a the conditions of the local housing market; b the costs of residential construction; c the degree to which different factors affect the feasibility of meeting the requirements under

section 482.7 (1) and (2); d the amount of density required to ensure the feasibility of constructing affordable and special needs housing units and not deter development; e any other prescribed matters or information. 3 A local government must make available to the public, on request, the considerations, information and analysis used to adopt or amend an affordable and special needs housing zoning bylaw, but any information respecting the contemplated acquisition costs of specific properties need not be provided. 4 The Lieutenant Governor in Council may make regulations requiring that the financial feasibility analysis referred to in subsection (1) (

a) be undertaken by an individual with a professional designation specified in the regulation. Payment of money instead of providing affordable and special needs housing units 482.91 In this section, capital costs includes a planning, engineering and legal costs, and b interest costs directly related to providing, constructing, altering or expanding affordable and special needs housing units. 2 If a developer exercises the option, referred to in

section 482.7 (1) (d) [zoning bylaws and affordable and special needs housing] , to pay money to a local government in respect of a development, the amount of money to be paid is equal to the estimated capital costs that the developer would otherwise incur to comply with the requirements under

section 482.7 (1) (

a) and (

b) and (2) in respect of the development. 3 The method for determining the estimated capital costs referred to in subsection (2) of this

section must be specified in the affordable and special needs housing zoning bylaw. 4 Money referred to in

section 482.7 (1) (

d) is payable at the time the building permit is issued for the development. 5 If money is received by a local government under subsection (4) of this section, the local government must a establish an affordable and special needs housing reserve fund for the purpose of providing, constructing, altering or expanding affordable and special needs housing units, and b place the money to the credit of the affordable and special needs housing reserve fund. 6 Money in an affordable and special needs housing reserve fund, together with interest on it, may be used only for the following: a to pay the capital costs of providing, constructing, altering or expanding affordable and special needs housing units; b to pay principal and interest on a debt incurred by a local government as a result of an expenditure under paragraph (a); c to pay any of the following for the purpose of providing, constructing, altering or expanding affordable and special needs housing units: i a corporation incorporated by, or in which shares have been acquired by, a municipality or regional district for a purpose that includes providing affordable housing; ii a society, other than a member-funded society as defined in

section of the Societies Act ; iii a housing cooperative, within the meaning of the Cooperative Association Act , that is not-for-profit; iv a board within the meaning of the Health Authorities Act ; v an agent of the government or the government of Canada; vi a registered charity as defined in

section 248 (1) of the Income Tax Act (Canada); vii a body within a prescribed class of bodies. 7 Authority to make payments under subsection (6) must be authorized by bylaw.

Providing affordable and special needs housing units elsewhere 482.92 Despite an affordable and special needs housing zoning bylaw, a local government may, by bylaw and in accordance with this section, enter into an agreement with a person under which some or all of the affordable and special needs housing units that the person is required to provide under the zoning bylaw on a parcel of land are instead provided on one or more other parcels of land. 2 In an agreement under subsection (1), the requirements in relation to affordable and special needs housing units must meet or exceed the requirements under the affordable and special needs housing zoning bylaw. 3 Without limiting the matters that may be dealt with in an agreement under subsection (1), the agreement must specify the following: a the parcels of land on which the affordable and special needs housing units will be located; b who is to provide the affordable and special needs housing units on each parcel of land; c when the affordable and special needs housing units are to be provided on each parcel of land; d how the provision of affordable and special needs housing units under the agreement will meet or exceed the requirements under the affordable and special needs housing zoning bylaw; e any other prescribed information.

Effect of bylaws adopted after application for rezoning, development permit or building permit submitted 482.93 In this section, in-stream and precursor application have the same meaning as in

section 568 (1). 2 Subject to subsection (3), an affordable and special needs housing zoning bylaw that would otherwise be applicable to the construction, alteration or extension of a building or structure has no effect with respect to that construction, alteration or extension if a precursor application to that building permit is in-stream on the date the bylaw is adopted. 3 Subsection (2) does not apply if the applicant for that building permit agrees in writing that the affordable and special needs housing zoning bylaw should have effect.

Annual report respecting affordable and special needs housing zoning bylaw 482.94 Before June in each year, a local government must prepare and consider a report that includes the following information: a the number of affordable and special needs housing units that are required by the affordable and special needs housing zoning bylaw and for which a building permit has been issued during the previous year; b in relation to an affordable and special needs housing reserve fund required under

section 482.91 (5), i the amounts received under

section 482.91 (4) in the applicable year, ii the expenditures from the affordable and special needs housing reserve fund in the applicable year, and iii the balance in the affordable and special needs housing reserve fund at the start and at the end of the applicable year; c any other prescribed information. 2 The local government must make the report available to the public from the time it considers the report until June in the following year.

Information requested by inspector 482.95 As requested by the inspector, a local government must provide the inspector with any information respecting requirements established in an affordable and special needs housing zoning bylaw, including information respecting the following: a the setting of the portion of affordable and special needs housing units that is specified in the zoning bylaw; b the establishment of requirements in relation to the affordable and special needs housing units; c the setting of higher density for developments that are subject to the requirements; d the development of the zoning bylaw and of any amendments to it, including consultations undertaken in that development.

Housing agreements for affordable housing and special needs housing 483 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 and lease, sale or share prices that may be charged, and the rates at which these 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 be amended only 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 of land titles must make a note of the filing against the title to the land affected. 8 In the event of any omission, mistake or misfeasance by the registrar of land titles or the staff of the registrar in relation to the making of a note of the filing under subsection (7), a neither the registrar, nor the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously, b neither the assurance fund nor the Land Title and Survey Authority of British Columbia, as a nominal defendant, is liable under

Part 19.1 of the Land Title Act , and c neither the assurance fund nor the minister charged with the administration of the Land Title Act , as a nominal defendant, is liable under Part of the Land Title Act . 9 The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and

section of the Land Title Act applies in respect of those fees. 6 Development Approval Information Requirements Development approval information For the purposes of this Division, development approval information means information on the anticipated impact of a proposed activity or development on the community, including, without limiting this, information regarding impact on such matters as the following: a transportation patterns including traffic flow; b local infrastructure; c public facilities including schools and parks; d community services; e the natural environment of the area affected; f tenants who are or may be displaced by a redevelopment, as those terms are defined in

section 63.1 of the Community Charter [definitions in relation to tenant protection] .

Development approval information areas or circumstances 485 An official community plan may do one or more of the following for the purposes of this Division: a specify circumstances in which development approval information may be required under this Division; b designate areas for which development approval information may be required under this Division; c designate areas for which, in specified circumstances, development approval information may be required under this Division. 2 An official community plan that specifies circumstances or designates areas under subsection (1) must describe the special conditions or objectives that justify the specification or designation.

Bylaw authority in relation to development approval information 486 If an official community plan includes a provision under

section 485 (1), the local government must, by bylaw, establish procedures and policies on the process for requiring development approval information under this Division and the substance of the information that may be required. 2 A bylaw under subsection (1) may authorize an officer or employee to require development approval information under this Division. 3 A bylaw under subsection (1) that authorizes an officer or employee to require development approval information under this Division must establish procedures regarding applying for and dealing with a reconsideration under

section 487 (4). Requirement to provide development approval information 487 Subject to subsection (3), if a bylaw under

section is adopted, the local government or an officer or employee authorized by the bylaw may require an applicant for any of the following to provide development approval information to the local government: a an amendment to a zoning bylaw; b a development permit; c a temporary use permit. 2 Development approval information required under subsection (1) must be provided at the applicant's expense and in accordance with the procedures and policies established under

section 486 (1). 3 Development approval information is not required under this Division if the proposed activity or development is a reviewable project as defined in

section of the Environmental Assessment Act . 4 An applicant subject to a decision of an officer or employee under

section 486 (2) is entitled to have the local government reconsider the matter without charge. 7 Development Permits Designation of development permit areas 488 An official community plan may designate development permit areas for one or more of the following purposes: a protection of the natural environment, its ecosystems and biological diversity; b protection of development from hazardous conditions; c protection of farming; d revitalization of an area in which a commercial use is permitted; e establishment of objectives for the form and character of intensive residential development; f establishment of objectives for the form and character of commercial, industrial or multi-family residential development; g in relation to an area in a resort region, establishment of objectives for the form and character of development in the resort region; h establishment of objectives to promote energy conservation; i establishment of objectives to promote water conservation; j establishment of objectives to promote the reduction of greenhouse gas emissions; k mitigation of the effects of displacement on tenants who will be or have been displaced from their rental units in relation to a redevelopment or proposed redevelopment, as those terms are defined under

section 63.1 of the Community Charter [definitions in relation to tenant protection] . 2 With respect to areas designated under subsection (1), the official community plan must a describe the special conditions or objectives that justify the designation, and b specify guidelines respecting the manner by which the special conditions or objectives will be addressed. 3 As an exception to subsection (2) (b), the guidelines referred to in that subsection may be specified by zoning bylaw but, in this case, the designation is not effective until the zoning bylaw has been adopted. 4 If an official community plan designates areas under subsection (1), the plan or a zoning bylaw may, with respect to those areas, specify conditions under which a development permit under

section would not be required. Activities that require a development permit If an official community plan designates areas under

section 488 (1), the following prohibitions apply unless an exemption under

section 488 (4) applies or the owner first obtains a development permit under this Division: a land within the area must not be subdivided; b construction of, addition to or alteration of a building or other structure must not be started; c land within an area designated under

section 488 (1) (

a) or (b) [natural environment, hazardous conditions] must not be altered; d land within an area designated under

section 488 (1) (d), (h), (

i) or (j) [revitalization, energy conservation, water conservation, greenhouse gas reduction] , or a building or other structure on that land, must not be altered. Development permits: general authority 490 Subject to this section, a local government may, by resolution, issue a development permit that does one or more of the following: a varies or supplements a land use regulation bylaw or a bylaw under Division 11 [Subdivision and Development: Requirements and Related Matters] ; b includes requirements and conditions or sets standards under

section 491 [development permits: specific authorities] ; c imposes conditions respecting the sequence and timing of construction. 2 The authority under subsection (1) must be exercised only in accordance with the applicable guidelines specified under

section in an official community plan or zoning bylaw. 3 A development permit must not a vary the use or density of the land from that permitted in the bylaw except as authorized by

section 491 (3) [variation in relation to health, safety or protection of property] , or b vary the application of a zoning bylaw in relation to residential rental tenure. 4 A development permit must not vary a flood plain specification under

section 524 (3). 5 If a local government delegates the power to issue a development permit under this section, the owner of land that is subject to the decision of the delegate is entitled to have the local government reconsider the matter. Development permits: specific authorities 491 For land within a development permit area designated under

section 488 (1) (a) [protection of natural environment] , a development permit may do one or more of the following: a specify areas of land that must remain free of development, except in accordance with any conditions contained in the permit; b require specified natural features or areas to be preserved, protected, restored or enhanced in accordance with the permit; c require natural water courses to be dedicated; d require works to be constructed to preserve, protect, restore or enhance natural water courses or other specified natural features of the environment; e require protection measures, including that vegetation or trees be planted or retained in order to i preserve, protect, restore or enhance fish habitat or riparian areas, ii control drainage, or iii control erosion or protect banks. 2 For land within a development permit area designated under

section 488 (1) (b) [protection from hazardous conditions] , a development permit may do one or more of the following: a specify areas of land that may be subject to flooding, mud flows, torrents of debris, erosion, land slip, rock falls, subsidence, tsunami, avalanche or wildfire, or to another hazard if this other hazard is specified under

section 488 (1) (b), as areas that must remain free of development, except in accordance with any conditions contained in the permit; b require, in an area that the permit designates as containing unstable soil or water which is subject to degradation, that no septic tank, drainage and deposit fields or irrigation or water systems be constructed; c in relation to wildfire hazard, include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and other structures; d in relation to wildfire hazard, establish restrictions on the type and placement of trees and other vegetation in proximity to the development. 3 Conditions and requirements under subsection (2) may vary the use or density of land, but only as they relate to health, safety or protection of property from damage. 4 Before issuing a development permit for land within a development permit area designated under

section 488 (1) (b), a local government may require the applicant to provide a report to assist the local government in determining what conditions or requirements it will impose under subsection (2) of this section. 5 A report required under subsection (4) must a be provided by the applicant at the applicant's expense, and b be certified by a professional engineer with experience relevant to the applicable matter. 6 For land within a development permit area designated under

section 488 (1) (c) [protection of farming] , a development permit may include requirements for screening, landscaping, fencing and siting of buildings or other structures, in order to provide for the buffering or separation of development from farming on adjoining or reasonably adjacent land. 7 For land within a development permit area designated under any of the following, a development permit may include requirements respecting the character of the development, including landscaping, and the siting, form, exterior design and finish of buildings and other structures: a

section 488 (1) (d) [revitalization of commercial use area] ; b

section 488 (1) (e) [intensive residential development] ; c

section 488 (1) (f) [commercial, industrial or multi-family residential development] ; d

section 488 (1) (g) [resort region development] . 8 For land within a development permit area designated under

section 488 (1) (f), a development permit may include requirements respecting the character of the development, as referred to in subsection (7) of this section, but only in relation to the general character of the development and not to particulars of the landscaping or of the exterior design and finish of buildings and other structures. 9 For land within a development permit area designated under

section 488 (1) (h), (

i) or (j) [energy conservation, water conservation, greenhouse gas reduction] , a development permit may include requirements respecting the following in order to provide for energy and water conservation and the reduction of greenhouse gas emissions: a landscaping; b siting of buildings and other structures; c form and exterior design of buildings and other structures; d specific features in the development; e machinery, equipment and systems external to buildings and other structures. 10 For land within a development permit area designated under

section 488 (1) (h), (

i) or (j), a development permit may establish restrictions on the type and placement of trees and other vegetation in proximity to the buildings and other structures in order to provide for energy and water conservation and the reduction of greenhouse gas emissions. 11 For land within a development permit area designated under

section 488 (1) (k), a development permit issued by a municipality may include requirements to comply with all or part of a bylaw made for the purposes of

section 63.2 of the Community Charter [protection of tenants on redevelopment] . 8 Temporary Use Permits Designation of temporary use permit areas For the purposes of

section 493, an official community plan or a zoning bylaw may a designate areas where temporary uses may be allowed, and b specify general conditions regarding the issue of temporary use permits in those areas. Temporary use permits for designated areas and other areas 493 On application by an owner of land, a local government may issue a temporary use permit as follows: a by resolution, in relation to land within an area designated under

section 492; b by bylaw, in relation to land within an area outside a municipality, if there is no official community plan in effect for the area. 2 A temporary use permit may do one or more of the following: a allow a use not permitted by a zoning bylaw; b specify conditions under which the temporary use may be carried on; c allow and regulate the construction of buildings or structures in respect of the use for which the permit is issued. 3 If a local government delegates the power to issue a temporary use permit under this section, the owner of land that is subject to the decision of the delegate is entitled to have the local government reconsider the matter.

Public notice and hearing requirements 494 If a local government proposes to pass a resolution under

section 493 (1) (a), it must give notice in accordance with subsections (2) to (4) of this section. 2 The notice must state a in general terms, the purpose of the proposed permit, b the land or lands that are the subject of the proposed permit, c the place where and the times and dates when copies of the proposed permit may be inspected, d the time and date when and, if applicable, the place where the resolution will be considered, and e if the meeting at which the resolution will be considered is conducted by means of electronic or other communication facilities, the way in which the meeting is to be conducted by those means. 3 The notice must be published in accordance with

section 94 [requirements for public notice] of the Community Charter at least 3 days and not more than 14 days before the adoption of the resolution to issue the permit. 3.1 If the local government has adopted a bylaw under

section 94.2 [bylaw to provide for alternative means of publication] of the Community Charter , the notice must be published by at least one of the means of publication specified in the bylaw not less than 3 days and not more than 14 days before the adoption of the resolution to issue the permit. 3.2 If the local government has not adopted a bylaw under

section 94.2 of the Community Charter , the last publication of the notice must be not less than 3 days and not more than 14 days before the adoption of the resolution to issue the permit. 4

Section 466 (4) to (8) [specific requirements in relation to notice of public hearing] applies to the notice as if the resolution were a bylaw. 5 If a local government proposes to adopt a bylaw under

section 493 (1) (b), the following sections apply: a

section 464 [when public hearing is required] ; b

section 465 [public hearing procedures] ; c

section 466 [notice of public hearing] ; d

section 469 [delegating the holding of public hearings] ; e

section 470 [procedure after public hearing] .

Permit conditions: undertakings respecting land 495 As a condition of issuing a temporary use permit, a local government may require the owner of the land to give an undertaking to a demolish or remove a building or other structure, and b restore land described in the permit to a condition specified in the permit by a date specified in the permit. 2 An undertaking under subsection (1) must be attached to and forms part of the permit. 3 If the owner of the land fails to comply with all of the undertakings given under subsection (1), the local government may enter on the land and carry out the demolition, removal or restoration at the expense of the owner.

Permit conditions: additional security requirements 496 In addition to any security required under

section 502, a local government may require, as a condition of issuing a temporary use permit, that the owner of the land give to the local government security to guarantee the performance of the terms of the permit. 2 If there is a requirement for security under subsection (1), the permit may provide for a the form of the security, and b the means for determining i when there is default under the permit, and ii the amount of the security that forfeits to the local government in the event of default.

Term of permit and renewal of permit 497 The owner of land in respect of which a temporary use permit has been issued has the right to put the land to the use described in the permit until the earlier of the following: a the date that the permit expires; b 3 years after the permit was issued. 2 A person to whom a temporary use permit has been issued may apply to have the permit renewed, subject to the restriction that a temporary use permit may be renewed only once. 3 Subsection (1) and sections 495 [permit conditions: undertaking respecting land] and 496 [permit conditions: additional security requirements] apply in relation to a renewal under subsection (2). 9 Development Variance Permits Development variance permits 498 On application by an owner of land, a local government may, by resolution, issue a development variance permit that varies, in respect of the land covered in the permit, the provisions of a bylaw under any of the following: a the following Divisions of this Part: i Division 5 [Zoning Bylaws] ; ii Division 11 [Subdivision and Development: Requirements and Related Matters] ; iii Division 13 [Other Land Use Regulation Powers] ; iv Division 17 [Regulation of Farm Businesses in Farming Areas] ; b

section 298 (1) (j) [manufactured home parks and camping grounds] ; c

section 8 (3) (g) [fundamental powers — protection of persons and property] of the Community Charter in relation to matters referred to in

section 63 (e) [manufactured home parks and camping grounds] of that Act. 2 As restrictions on subsection (1), a development variance permit must not vary the following: a the use or density of land from that specified in the bylaw; a.1 the application of a zoning bylaw in relation to residential rental tenure; b a flood plain specification under

section 524 (3) [requirements in relation to flood plain areas] . 3 In the event of conflict, the provisions of a development variance permit prevail over any provision of the bylaw. 4 As a restriction on

section 229 [delegation of board authority] of this Act and

section 154 [delegation of council authority] of the Community Charter , a local government may not delegate the power to issue a development variance permit except in accordance with

section 498.1. Delegation of power to issue development variance permit 498.1 A local government may, by bylaw, delegate to an officer or employee of the local government the power under

section to issue a development variance permit if the proposed variance a is a minor variance, and b varies the provisions of a bylaw under any of the following: i

section 479 (1) (c) (iii) [zoning bylaws respecting siting, size and dimensions of buildings, structures and permitted uses] ; ii

section 525 [off-street parking and loading space requirements] ; iii

section 526 [regulation of signs] ; iv

section 527 (1) (

a) or (b) [screening and landscaping to mask or separate uses or to preserve, protect, restore and enhance natural environment] ; v a provision of this Act prescribed by regulation of the Lieutenant Governor in Council. 2 A bylaw delegating the power to issue a development variance permit under this

section must include a criteria for determining whether a proposed variance is minor for the purposes of subsection (1) (a), and b guidelines the delegate must consider in deciding whether to issue a development variance permit. 3 The bylaw may also include any terms and conditions the local government considers appropriate. 4 If a local government delegates the power to issue a development variance permit, an owner of land that is subject to a decision of the delegate is entitled to have the local government reconsider the matter.

Notice to affected property owners and tenants 499 If a local government proposes to pass a resolution to issue a development variance permit, it must give notice in accordance with this section. 1.1 For certainty, the obligation to give notice under this

section does not apply if a delegate, under

section 498.1, exercises the power to issue the development variance permit. 2 The notice must state the following: a in general terms, the purpose of the proposed permit; b the land or lands that are the subject of the proposed permit; c the place where and the times and dates when copies of the proposed permit may be inspected. 3 The notice must be mailed or otherwise delivered at least 10 days before adoption of the resolution to issue the permit a to the owners, as shown on the assessment roll as at the date of application for the permit, and b to any tenants in occupation, as at the date of the mailing or delivery of the notice, of each parcel, any part of which is the subject of the permit or is within a distance specified by bylaw from that part of the land that is subject to the permit. 4 The obligation to give notice under this

section is satisfied if the local government made a reasonable effort to mail or otherwise deliver the notice. 10 Other Permits and Permit Matters Tree cutting permits in relation to areas affected by flooding or other hazards 500 A board may, by bylaw, designate areas of land that it considers may be subject to flooding, erosion, land slip or avalanche as tree cutting permit areas. 2 A bylaw may, in respect of an area designated under subsection (1), a regulate or prohibit the cutting down of trees, and b require an owner to obtain, on payment of a fee set by the bylaw, a permit before cutting down a tree. 3 The bylaw may allow the board, at its discretion, to require an applicant to provide a report in accordance with subsection (4) that the proposed cutting of trees will not create a danger from flooding or erosion. 4 A report required under subsection (3) must be a provided at the applicant's expense, and b certified by a qualified person agreed on by the applicant and the board.

General land use permit matters 501 A local government may issue more than one land use permit for an area of land. 2 Land must be developed strictly in accordance with the land use permit or permits issued. 3 A land use permit is binding on the local government as well as on the holder of the permit. 4 A local government may, by bylaw, designate the form of land use permits.

Requirement for security as condition of land use permit 502 For the purposes only of subsections (2) and (3), a local government may, as a condition of the issue of a land use permit, require that the applicant for the permit provide security in an amount stated in the permit by whichever of the following the applicant chooses: a an irrevocable letter of credit; b the deposit of securities in a form satisfactory to the local government. 2 Subsection (3) applies if a local government considers that any of the following applies: a a condition in a permit respecting landscaping has not been satisfied; b an unsafe condition has resulted as a consequence of a contravention of a condition in a permit; c damage to the natural environment has resulted as a consequence of a contravention of a condition in a permit. 3 In the circumstance referred to in subsection (2), the local government may a undertake, at the expense of the holder of the permit, the works, construction or other activities required to satisfy the landscaping condition, correct the unsafe condition or correct the damage to the environment, and b apply the security under subsection (1) in payment of the cost of the works, construction or other activities, with any excess to be returned to the holder of the permit. 4 Interest earned on the security provided under subsection (1) accrues to the holder of the permit and must be paid to the holder immediately on return of the security or, on default, becomes part of the amount of the security. 5 If a local government delegates the power to require security under subsection (1), the delegation bylaw must include guidelines for the delegate as to how the amount of security is to be determined.

Notice of permit on land title 503 If a local government issues any of the following, it must file in the land title office a notice that the land described in the notice is subject to the permit: a a development permit; b a temporary use permit; c a development variance permit. 2 On filing of a notice under subsection (1), the registrar of land titles must make a note of the filing against the title to the land affected. 3 If a permit referred to in subsection (1) is amended or cancelled, the local government must file a notice of the amendment or cancellation in the manner prescribed by regulation of the Lieutenant Governor in Council, and, on filing, the registrar of land titles must make a note of the filing against the title to the land affected. 4 If a notice is filed under subsection (1) or (3), the terms of the permit or any amendment to it are binding on all persons who acquire an interest in the land affected by the permit. 5 In the event of any omission, mistake or misfeasance by the registrar of land titles or the employees of the registrar in relation to the making of a note of the filing under subsection (1) or (3) after the notice is received by the land title office, a neither the registrar, nor the Provincial government nor the Land Title and Survey Authority of British Columbia is liable vicariously, b the assurance fund or the Land Title and Survey Authority of British Columbia as a nominal defendant is not liable under

Part 19.1 of the Land Title Act , and c the assurance fund or the minister charged with the administration of the Land Title Act as a nominal defendant is not liable under Part of the Land Title Act . 6 The Lieutenant Governor in Council may make regulations prescribing fees for the filing of notices under this section, and

section of the Land Title Act applies in respect of those fees. Permit lapses if relevant construction not substantially started 504 Subject to the terms of the permit, if the holder of a land use permit does not substantially start any construction with respect to which the permit was issued within 2 years after the date it is issued, the permit lapses. 2 Subject to a

section 496 [additional security requirements in relation to temporary use permits] , and b

section 502 (3) [local government action to satisfy permit condition] , if a land use permit lapses, the local government must return any security provided under

section 502 (1) [requirement for security as condition of land use permit] to the person who provided it. Transportation Act : permits in relation to development near controlled access highway 505 If a zoning bylaw is subject to

section 52 (3) [zoning bylaw does not apply to controlled access area unless transportation minister approves] of the Transportation Act , this

section applies in relation to land use permits in respect of property within the area covered by the bylaw. 2 Unless exempted under subsection (4), a land use permit for the construction of commercial or industrial buildings exceeding 4 square metres in gross floor areas must not be issued unless a site plan of the buildings, including traffic circulation and parking areas and facilities, has been approved by the minister responsible for the administration of the Transportation Act . 3 In considering whether to approve a site plan under subsection (2), the minister referred to in that subsection must consider only the effect of the proposed development on the controlled access highway. 4 The minister referred to in subsection (2) may make regulations a defining areas for which and describing circumstances in which approval under that subsection or under

section 546 (4) [amendment or discharge of land use contracts] is not required, and b providing that an exception under paragraph (

a) is subject to the terms and conditions specified by that minister. 5 Regulations under subsection (4) may be different for different regional districts, different municipalities, different areas and different circumstances. 11 Subdivision and Development: Requirements and Related Matters Works and services requirements 506 A local government may, by bylaw, regulate and require the provision of works and services in respect of the development of land, and for that purpose may, by bylaw, do one or more of the following: a regulate and prescribe minimum standards for the dimensions, locations, alignment and gradient of highways in connection with the development of land; b require that a water distribution system, a fire hydrant system, a sewage collection system, a sewage disposal system, a drainage collection system or a drainage disposal system be provided, located and constructed in accordance with the standards established in the bylaw; c regulate and require that the following be provided, located and constructed in accordance with the standards established by the bylaw: i highways, sidewalks, boulevards, boulevard crossings, street lighting, transit bays or underground wiring; ii amenities, including benches, bollards, bicycle parking facilities, directional signage, parklets, street lamps, street signs, transit shelters or waste disposal and recycling containers; iii transportation infrastructure that supports walking, bicycling, public transit or other alternative forms of transportation, including traffic calming measures; iv sustainable design features that provide for energy and water conservation, reduction of greenhouse gas emissions and climate resilience; v any other thing, or classes of things, prescribed by regulation. 2 A bylaw under subsection (1) must not be used to prevent the development of land to the density allowed in respect of that permitted use under the applicable zoning bylaw. 3 A bylaw under subsection (1) may be different in relation to one or more of the following: a different circumstances; b different areas; c different land uses; d different zones; e different classes of highways. 4 A local government's authority under subsection (1) (

b) or (

c) may be exercised only in accordance with the regulations made under subsection (5). 5 The Lieutenant Governor in Council may make regulations a prescribing the local governments, or classes of local governments, that may make bylaws described in subsection (1) (

b) or (c), and b prescribing the dimensions, location or number of works and services referred to in subsection (1) (

b) or (c). 6 A local government must not impose a requirement under subsection (1) (

b) or (

c) in respect of a subdivision under the Strata Property Act . Required approval for certain bylaws 506.01 The minister responsible for the administration of the Transportation Act may make regulations requiring approval of that minister before the adoption of a bylaw under

section 506 (1) (

a) or (c) [works and services requirements] that establishes standards or requirements in relation to highways in an area outside a municipality. 2 A regulation under subsection (1) may be different in relation to one or more of the following: a different bylaws; b different classes of bylaws; c different regional districts; d different areas; e different circumstances. Requirements in respect of certain systems 506.02 If a local government, an improvement district or greater board operates a a community water or sewer system, or b a drainage collection or disposal system, the local government may, by bylaw, require that a system referred to in

section 506 (1) (b) [works and services requirements] be connected to the local government, improvement district or greater board system, in accordance with standards established in the bylaw. 2 If there is no community water system, the local government may, by bylaw, require each parcel created by the subdivision to have a source of potable water with a flow capacity at a rate established in the bylaw. Conditions for subdivision and building permits 506.03 As a condition of the approval of a subdivision, a local government may require the owner of the land to provide works and services, in accordance with the standards established in a bylaw under

section 506 [works and services requirements] or 506.02, on that portion of a highway immediately adjacent to the site being subdivided, up to the centre line of the highway. 2 As a condition of the issue of a building permit, a local government may require the owner of the land to provide the following: a works and services, in accordance with the standards established in a bylaw under

section or 506.02, on the site being developed; b works and services, in accordance with the standards established in a bylaw under

section or 506.02, on that portion of a highway immediately adjacent to the site being developed, up to the centre line of the highway. 3 Requirements under subsections (1) and (2) a may be made only to the extent that they are directly attributable to the development of land, and b must not include specific services that are included in the calculations used to determine the amount of a development cost charge, unless the owner agrees to provide the services. 4 If the owner agrees to provide the services referred to in subsection (3) (b), the calculation of the development cost charge is subject to

section 565 (2) to (5) [deductions from development cost charges] . Requirements for excess or extended services 507 For the purposes of this

section and

section 508, excess or extended services means a a portion of a highway system that will provide access to land other than the land being subdivided or developed, and b a portion of a water, sewage or drainage system that will serve land other than the land being subdivided or developed. 2 A local government may require that the owner of land that is to be subdivided or developed provide excess or extended services. 3 If a local government makes a requirement under subsection (2), the cost of providing the excess or extended services must be paid for a by the municipality or regional district, or b if the local government considers its costs to provide all or part of these services to be excessive, by the owner of the land being subdivided or developed.

Latecomer charges and cost recovery for excess or extended services 508 If the owner is required under

section 507 (3) (

b) to pay all or part of the costs of excess or extended services, the municipality or regional district must a determine the proportion of the cost of providing the highway or water, sewage or drainage facilities that it considers constitutes the excess or extended services, b determine which part of the excess or extended services that it considers will benefit each of the parcels of land that will be served by the excess or extended services, and c impose, as a condition of an owner connecting to or using the excess or extended services, a charge related to the benefit determined under paragraph (b). 2 If the owner pays all or part of the costs of excess or extended services, the municipality or regional district must pay the owner a all the latecomer charges collected under subsection (1) (c), if the owner pays all the costs, or b a corresponding proportion of all latecomer charges collected, if the owner pays a portion of the costs. 3 If the municipality or regional district pays all or part of the costs of excess or extended services, it may recover costs a by a latecomer charge under subsection (1) (c), b by a tax imposed in accordance with Division 5 [Local Service Taxes] of Part of the Community Charter , other than

section 211 (1) of that Act, or c by fee imposed in accordance with

section 397 [imposition of fees and charges] of this Act or

section 194 [municipal fees] of the Community Charter . 4 A latecomer charge must include interest calculated annually at a rate established by bylaw, payable for the period beginning when the excess or extended services were completed, up to the date that the connection is made or the use begins. 5 Subject to subsection (6), latecomer charges must be collected during the period beginning when the excess or extended services are completed, up to a a date to be agreed on by the owner and the local government, or b if there is no agreement, a date determined under the Arbitration Act . 6 No latecomer charges are payable as follows: a if there is a phased development agreement that is directly related to the construction and installation of the excess or extended services, beyond 15 years from the date the services are completed or the end of the phased development agreement, whichever is later; b in any other case, beyond 15 years from the date the services are completed. 7 If an owner, in accordance with a bylaw under

section 506 [works and services requirements] , provides a highway or water, sewage or drainage facilities that serve land other than the land being subdivided or developed, this

section applies. Completion of required works and services 509 Subject to subsection (2), all works and services required to be constructed and installed at the expense of the owner of the land being subdivided or developed must be constructed and installed to the standards established in the bylaw under

section or 506.02 [works and services requirements] before the approving officer approves of the subdivision or the building inspector issues the building permit. 2 Approval may be given or the permit issued if the owner of the land a deposits, with the municipality or regional district, security i in the form and amount established in the bylaw under

section or 506.02, or ii if no amount and form is established in the bylaw, in a form and amount satisfactory to the approving officer or building inspector having regard to the cost of installing and paying for all works and services required under the bylaw, and b enters into an agreement with the municipality or regional district to construct and install the required works and services by a specified date or forfeit to the municipality or regional district the amount secured under paragraph (a). 3 As a restriction, security may not be provided under subsection (2) to a regional district in relation to the construction of a highway unless a designated highways official, as defined in the Land Title Act , approves the provision of security for that purpose.

Requirement for provision of park land or payment for parks purposes 510 Subject to this

section and

section 516 (3) (

h) and (4) [phased development agreement rules] , an owner of land being subdivided must, at the owner's option, a provide, without compensation, park land of an amount and in a location acceptable to the local government, or b pay to the municipality or regional district an amount that equals the market value of the land that may be required for park land purposes u