Client Bulletin
September 2024
Single Family Dwelling Changes and Zoning Rules
for Increased Housing Options
BY: ZACH CURRIE – DOMINION GOVLAW LLP
BC communities have often witnessed the construction of condos or single-family homes which are out of financial reach for many. New legislation passed at the end of 2023 seeks to promote the development of small-scale, affordable multi-unit homes. These developments have been applied by 90% of communities in British Columbia to enhance housing accessibility and diversity.
Key Highlights:
- Changes: Zones that used to be restricted to detached single-family dwellings must now allow either:
- A secondary suite or detached accessary dwelling unit;
- Three to four dwelling units; or
- Six dwelling units in areas near bus stops with frequent transit service, depending on location.
- Density Expansion: While municipalities covered by the legislation can choose to allow additional density, they cannot enact bylaws permitting fewer units.
- Adoption: As of July 23, 2024, 162 local governments have passed bylaws in line with the legislation, with nine actively working towards compliance.
Why is This Important?
The changes are designed to create more affordable housing options. By promoting small-scale multi-unit housing, the Provincial Government seeks to address a lack of affordable housing.
Are These Changes Permanent?
As your legal advocates, we are committed to supporting you through this transition. However, there is a pending provincial election and legislation that restricts communities or property owners may be an issue to be resolved further. There is already litigation on the Province’s changes to short-term rentals before the courts. We will provide guidance to ensure a successful adaption to the evolving housing landscape.
In The News
Nearly 90% of B.C. communities have adopted small-scale
multi-unit housing legislation (Source: BC Gov News)
ZACH CURRIE
Zach Currie is an Associate at Dominion GovLaw LLP. Zach completed his undergraduate degree at the University of Western Ontario, receiving a Bachelor of Arts degree with a specialization in philosophy. He then completed his Juris Doctor degree at the University of Minnesota Law School before returning to live on the West Coast of Canada to complete his articles.
Local Government Act Amendment Increases Maximum Fines!
BY: SPENCER BROWN – DOMINION GOVLAW LLP
The provincial government has established $50,000 as the maximum fine that regional districts can obtain for Offence Act prosecutions of bylaw offences. This places regional districts on equal footing with municipalities. The Province has also raised the maximum fines that regional districts can seek for municipal ticket informations (“MTIs”) to $3,000.
There have been no changes to the Local Government Bylaw Notice Enforcement Act, so the maximum fine for Bylaw Notices remains at $500.
For more info and updates on legislative and case law changes, sign up for our upcoming webinar, Legislation and Case Law Update… but made interesting! on the Regulators website.
Key Highlights:
- 2020: The Community Charter was amended to increase the maximum fine for Offence Act prosecutions by municipalities from $10,000 to $50,000.
- October 2023: The Local Government Act was amended to increase the maximum fine for Offence Act prosecutions by regional districts to $50,000.
- December 2023: The Community Charter Bylaw Enforcement Ticket Regulation, BC Reg 425/2003 was amended by an order in council, increasing the maximum MTI fine from $1,000 to $3,000. Pursuant to the Local Government Act, this also applies to regional districts.
SPENCER BROWN
Spencer Brown is an Articling Student at Dominion GovLaw LLP. Spencer completed his Juris Doctorate at the University of Victoria and is excited to begin his journey in regulatory compliance and public law through articling at his new home at GovLaw.
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