Explanatory Notes

Community Charter

SECTION 1: [Community Charter, section 188] allows money from a municipal off-street parking reserve fund to be used for purposes of alternative transportation infrastructure.

Greater Vancouver Sewerage and Drainage District Act

SECTION 2: [Greater Vancouver Sewerage and Drainage District Act, section 58.1] adds a definition of "eligible development".

SECTION 3: [Greater Vancouver Sewerage and Drainage District Act, section 58.2] exempts small-unit housing from development cost charges.

SECTION 4: [Greater Vancouver Sewerage and Drainage District Act, section 58.2] provides authority to waive or reduce development cost charges in relation to the described types of development.

SECTION 5: [Greater Vancouver Sewerage and Drainage District Act, section 58.4] requires the Corporation to consider the impact of development cost charges in relation to encouraging developments with a low environmental impact.

SECTION 6: [Greater Vancouver Sewerage and Drainage District Act, section 58.6] requires the Corporation to prepare reports in relation to its development cost charges on request of the inspector of municipalities.

Greater Vancouver Water District Act

SECTION 7: [Greater Vancouver Water District Act, section 5] is consequential to section 9.1 of the Act as added by this Bill.

SECTION 8: [Greater Vancouver Water District Act, heading above section 8] updates a heading.

SECTION 9: [Greater Vancouver Water District Act, section 9] adds a subsection to provide that water licences acquired to generate and sell power are not exempt from cancellation.

SECTION 10: [Greater Vancouver Water District Act, section 9.1] provides the Greater Vancouver Water District with authority to generate and sell power to third parties.

Local Government Act

SECTION 11: [Local Government Act, section 5] adds a new definition for the purposes of the proposed provisions related to the reduction of greenhouse gas emissions.

SECTION 12: [Local Government Act, s. 694] is self-explanatory.

SECTION 13: [Local Government Act, section 848] is consequential to the proposed section 857.1 [minor amendments to regional growth strategy] of the Act.

SECTION 14: [Local Government Act, section 850] requires regional growth strategies to include targets for reducing greenhouse gas emissions and proposed policies and actions for achieving those targets.

SECTON 15: [Local Government Act, section 853] is consequential to the proposed section 857.1 [minor amendments to regional growth strategy] of the Act.

SECTION 16: [Local Government Act, section 855] replaces the current requirement for a public hearing on a proposed regional growth strategy with a requirement that the board consider whether the consultation plan required under this section should include a public hearing.

SECTION 17: [Local Government Act, section 857] is consequential to the proposed repeal of section 855 (4) of the Act.

SECTION 18: [Local Government Act, section 857.1] allows minor amendments to regional growth strategies to be made by a streamlined procedure, either in accordance with section 857.1 of the Act or in accordance with provisions of the regional growth strategy.

SECTION 19: [Local Government Act, section 866] adds references to sections 856and 858 of the Act, to make the processes established by these sections available to assist in resolving issues related to a proposed regional context statement that is to be included in an official community plan.

SECTION 20: [Local Government Act, section 877] requires official community plans to include targets for reducing greenhouse gas emissions and proposed policies and actions for achieving those targets.

SECTION 21: [Local Government Act, section 905.1] adds new categories of development permit areas to the exception in section 905.1 (7) of the Act and makes the exception subject to the approval of the inspector of municipalities.

SECTION 22: [Local Government Act, section 906]

• expands the purposes of reserve funds under this section to include alternative transportation infrastructure;
• provides increased variation authority in relation to off-street parking requirements;
• allows exemptions in relation to activities and circumstances;
• requires annual reporting in relation to reserve funds under this section.

SECTION 23: [Local Government Act, section 919.1] expands the purposes for which a local government may establish development permit areas.

SECTION 24: [Local Government Act, section 920]

• adds references to the proposed section 919.1 (1) (h), (i) and (j) [development permit areas] of the Act to require a development permit before land or buildings within a designated area may be altered;
• allows local governments to establish described requirements in relation to such development permits.

SECTION 25: [Local Government Act, section 933] exempts small-unit housing from development cost charges.

SECTION 26: [Local Government Act, section 933]

• by the proposed subsections (4.1) and (4.2), adds authority in relation to the proposed subsection (4.01);
• by the proposed amendment to subsection (11), adds a pointer to the proposed section 933.1;
• repeals subsections (12) and (13), as the substance of these provisions would be moved to the proposed section 933.1.

SECTION 27: [Local Government Act, section 933.1] provides authority to waive or reduce development cost charges in relation to the described types of development.

SECTION 28: [Local Government Act, section 934] requires local governments to consider the impact of development cost charges in relation to encouraging developments with a low environmental impact.

SECTION 29: [Local Government Act, section 937.01] requires local governments to prepare annual reports in relation to their development cost charges.

SECTION 30: [Local Government Act, section 937.2] is consequential to the proposed amendments to section 937.3 [school site acquisition charge payable] of the Act.

SECTION 31: [Local Government Act, section 937.3] exempts small-unit housing from school site acquisition charges.

SECTION 32: [Local Government Act, section 937.3] requires the waiver or reduction of school site acquisition charges to the same extent that a development cost charge is waived or reduced under the proposed section 933.1 [development for which charges may be waived or reduced].

Vancouver Charter

SECTION 33: [Vancouver Charter, section 306] amends the by-law making power with respect to off-street parking and loading spaces to parallel the changes in proposed section 906 of the Local Government Act.

SECTION 34: [Vancouver Charter, sections 307 and 308] is consequential to the renumbering of section 306 of the Act as section 306 (1).

SECTION 35: [Vancouver Charter, section 523D] exempts small-unit housing from development cost charges.

SECTION 36: [Vancouver Charter, section 523D]

• by the proposed subsection (10.2), adds authority in relation to the proposed subsection (10) (b.1);
• by the proposed subsections (10.3) to (10.5), provides authority to waive or reduce development cost charges in relation to the described types of development;
• by the proposed subsection (18.1), provides for annual reporting in relation to development cost levies.

SECTION 37: [Vancouver Charter, section 559] adds a new definition for the purposes of the proposed provisions related to the reduction of greenhouse gas emissions.

SECTION 38: [Vancouver Charter, section 562.01] requires official development plans for the City of Vancouver to include targets for reducing greenhouse gas emissions and proposed policies and actions for achieving those targets.

SECTION 39: [Transition — greenhouse gas emissions reduction targets in planning documents] allows local governments time to bring their planning documents into compliance with the obligations to include greenhouse gas emission targets and reduction strategies.

SECTION 40: [Transition — consultation plans] provides that the rules in existence at the time a consultation plan for a regional growth strategy is adopted continue with respect to that consultation plan.

SECTION 41: [Transition — off-street parking reserve funds] provides for transition in relation to off-street parking reserve funds.

SECTION 42: [Transition — annual reserve fund reporting requirements] provides for transition respecting annual reports relating to off-street parking reserve funds and annual development costs charges.

SECTION 43: [Transition — development cost charge bylaws] provides for transition respecting development cost charge bylaws.

BILL 27 – 2008
LOCAL GOVERNMENT (GREEN COMMUNITIES) STATUTES AMENDMENT ACT, 2008

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Community Charter

1 Section 188 (2) (d) of the Community Charter, S.B.C. 2003, c. 26, is repealed and the following substituted:

(d) money received under section 906 (2) [parking space requirements] of the Local Government Act, which must be placed to the credit of a reserve fund for the purpose of providing

(i) off-street parking spaces, or

(ii) transportation infrastructure that supports walking, bicycling, public transit or other alternative forms of transportation; .

Greater Vancouver Sewerage and Drainage District Act

2 Section 58.1 of the Greater Vancouver Sewerage and Drainage District Act, S.B.C. 1956, c. 59, is amended by adding the following definition:

"eligible development" means development that is eligible in accordance with an applicable by-law or regulation under section 58.2 as being for one or more of the following categories:

(a) not-for-profit rental housing, including supportive living housing;

(b) for-profit affordable rental housing;

(c) a subdivision of small lots that is designed to result in low greenhouse gas emissions;

(d) a development that is designed to result in a low environmental impact; .

3 Section 58.2 is amended by adding the following subsection:

(3.01) A development cost charge is not payable under a by-law under subsection (1) in relation to the construction, alteration or extension of self-contained dwelling units in a building authorized under a building permit if

(a) subject to a by-law under subsection (3.1) or a regulation under subsection (3.2), each unit is no larger in area than 29 square metres, and

(b) each unit is to be put to no use other than residential use in those dwelling units.

4 Section 58.2 is amended

(a) by repealing subsection (3.1) and substituting the following:

(3.1) The Corporation may, in a by-law under subsection (1), do any or all of the following:

(a) provide that a charge is payable under the by-law in relation to a building permit referred to in subsection (3) (d);

(b) establish an amount for the purposes of subsection (3) (e) (iii) that is greater than the amount otherwise applicable under subsection (3) (e), subject to the maximum permitted under subsection (3.2) (b);

(c) establish an area for the purposes of subsection (3.01) (a) that is greater than the area otherwise applicable, subject to the maximum permitted under subsection (3.2) (d). ,

(b) in subsection (3.2), by striking out "and" at the end of paragraph (a), by adding ", and" at the end of paragraph (b) and by adding the following paragraphs:

(c) prescribe an area for the purpose of subsection (3.01) (a), and

(d) prescribe a maximum area that may be established under subsection (3.1) (c). , and

(c) by adding the following subsections:

(3.3) Subject to a by-law under subsection (3.4) and an applicable regulation under subsection (3.5), the Corporation may waive or reduce a charge under subsection (1) for an eligible development.

(3.4) For the purposes of subsection (3.3), the Corporation, by by-law,

(a) must establish what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of development described in the definition of "eligible development" in section 58.1,

(b) must establish the amount or rates of reduction for an eligible development, which may be different for different categories of eligible development described in the definition of "eligible development" in section 58.1 or different classes of eligible development established in the by-law, and

(c) may establish the requirements that must be met in order to obtain a waiver or reduction under subsection (3.3) and the conditions on which such a waiver or reduction may be granted.

(3.5) The minister may make regulations

(a) establishing,

(b) restricting, or

(c) establishing criteria for determining

what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of eligible development described in the definition of "eligible development" in section 58.1.

5 Section 58.4 (4) is amended

(a) by repealing paragraph (a) and substituting the following:

(a) must consider

(i) future land use patterns and development and the phasing of works and services, and

(ii) how development designed to result in a low environmental impact may affect the capital costs of infrastructure referred to in section 58.2 (2); , and

(b) in paragraph (b) by striking out "or" at the end of subparagraph (ii), by adding ", or" at the end of subparagraph (iii) and by adding the following subparagraph:

(iv) will discourage development designed to result in a low environmental impact .

6 Section 58.6 (5) is repealed and the following substituted:

(5) The inspector of municipalities may require the Corporation to provide the inspector with a report on

(a) the status of development cost charge collections, expenditures and proposed expenditures for a time period the inspector specifies, and

(b) waivers or reductions under section 58.2 (3.3).

Greater Vancouver Water District Act

7 Section 5 (1) (c) of the Greater Vancouver Water District Act, S.B.C. 1924, c. 22, is amended by adding "and for carrying out the Corporation's object under section 9.1" after "waterworks".

8 The heading "Objects" above section 8 is repealed and the following substituted:

Water Supply Objects .

9 Section 9 is amended by renumbering the section as section 9 (1) and adding the following subsection:

(2) Despite subsection (1), a water licence acquired by the Corporation for the purpose of its object under section 9.1 shall not be exempt from cancellation.

10 The following heading and section are added:

Energy Supply Object .

Corporation may produce and supply energy

9.1 (1) In this section, "energy" means light, heat, cold or power distributed or delivered by water, electricity, steam, natural gas or any other agent.

(2) The Corporation has the object of the generation, storage, transmission, exchange, sale or other disposition of energy that is produced in connection with, or incidental to, the acquiring, supplying, and distributing of water in accordance with the Corporation's objects under section 8.

(3) The Corporation has the same powers in relation to the object referred to in subsection (2) as it has in relation to its objects under section 8.

Local Government Act

11 Section 5 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended by adding the following definition:

"greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act; .

12 Section 694 (0.1) is repealed.

13 Section 848 is amended by repealing the definition of "affected local government" and substituting the following:

"affected local government", in relation to a regional growth strategy, means a local government whose acceptance of the regional growth strategy is required under section 857 or would be required if that section applied, and includes the South Coast British Columbia Transportation Authority continued under the South Coast British Columbia Transportation Authority Act; .

14 Section 850 (2) is amended by adding the following paragraph:

(d) to the extent that these are regional matters, targets for the reduction of greenhouse gas emissions in the regional district, and policies and actions proposed for the regional district with respect to achieving those targets.

15 Section 853 (1) (c) is amended by adding ", except in relation to an amendment under section 857.1 [minor amendments to regional growth strategies]" after "section 857".

16 Section 855 is amended

(a) by adding the following subsection:

(2.1) In adopting a consultation plan under subsection (2), the board must consider whether the plan should include the holding of a public hearing to provide an opportunity for persons, organizations and authorities to make their views known before the regional growth strategy is submitted for acceptance under section 857. , and

(b) by repealing subsections (4) and (5).

17 Section 857 (3) is amended by striking out "after the public hearing under section 855 (4) and".

18 The following section is added:

Minor amendments to regional growth strategies

857.1  (1) As exceptions to the requirements of section 857 that would otherwise apply to the amendment of a regional growth strategy, a regional growth strategy may be amended

(a) in accordance with provisions under subsection (2) of this section, or

(b) if the regional growth strategy does not include provisions under subsection (2), in accordance with subsection (3).

(2) A regional growth strategy may include provisions that establish a process for minor amendments to the regional growth strategy, which must include the following:

(a) criteria for determining whether a proposed amendment is minor for the purposes of allowing the process to apply;

(b) a means for the views of affected local governments respecting a proposed minor amendment to be obtained and considered;

(c) a means for providing notice to affected local governments respecting a proposed minor amendment;

(d) procedures for adopting the minor amendment bylaw.

(3) A board may proceed with a proposed amendment to a regional growth strategy as a minor amendment in accordance with the following:

(a) the board must give notice, including notice that the proposed amendment may be determined to be a minor amendment and the date, time and place of the board meeting at which the amending bylaw is to be considered for first reading, to each affected local government at least 30 days before the meeting;

(b) before first reading of the amending bylaw, the board must allow an affected local government that is not represented on the board an opportunity to make representations to the board;

(c) if at first reading, the amending bylaw receives an affirmative vote of all board members attending the meeting, the bylaw may be adopted in accordance with the procedures that apply to the adoption of a regional growth strategy bylaw under section 791 and the board's procedure bylaw;

(d) if at first reading, the amending bylaw does not receive an affirmative vote of all board members attending the meeting, the bylaw may only be adopted in accordance with the procedure established by section 857 [acceptance by affected local governments required].

(4) The following may not be considered a minor amendment for the purposes of this section:

(a) an amendment to a regional growth strategy to establish or amend a process referred to in subsection (2);

(b) an amendment to anything that the minister has established or directed under section 851 (3) or (4) or the Lieutenant Governor in Council has required under section 852;

(c) an amendment to a regional growth strategy proposed as a result of a resolution process under section 859 (2) (a);

(d) a type of amendment prescribed by regulation.

19 Section 866 (7) is repealed and the following substituted:

(7) Sections 856, 858 to 862 and 864 apply regarding the acceptance and adoption of a regional context statement.

20 Section 877 is amended by adding the following subsection:

(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.

21 Section 905.1 (8) is repealed and the following substituted:

(8) Subsection (7) does not apply to a development permit for land designated under section 919.1 (1) (a) to (c) and (h) to (j) [designation of development permit areas], unless the development permit is approved by the inspector.

22 Section 906 is repealed and the following substituted:

Off-street parking and loading space requirements

906  (1) A local government may, by bylaw,

(a) require owners or occupiers of any land or building or other structure to provide off-street parking and loading spaces for the building or other structure, or the use of the land, building or other structure, including spaces for use by disabled persons,

(b) establish design standards for spaces required under paragraph (a), including standards respecting the size, surfacing, lighting and numbering of the spaces,

(c) permit off-street parking spaces required under paragraph (a) to be provided, other than on the site of the building or other structure or use, under conditions that are specified in the bylaw, and

(d) as an alternative to complying with a requirement to provide off-street parking spaces under paragraph (a), permit, at the option of the owner or occupier of the land or building or other structure, the payment to the municipality or regional district of an amount of money specified in the bylaw.

(2) Money referred to in subsection (1) (d) is payable

(a) at the time the building permit is issued for the applicable building or other structure, or

(b) if no building permit is required, at the time the use that requires the parking space specified in the bylaw begins.

(3) A bylaw under this section may make different provisions for one or more of the following:

(a) different classes of uses, or of buildings or other structures as established by the bylaw;

(b) subject to subsection (4), different activities and circumstances relevant to transportation needs that are related to

(i) a use,

(ii) a building or other structure, or

(iii) a class of use or of buildings or other structures

as established by the bylaw;

(c) different areas;

(d) different zones;

(e) different uses within a zone.

(4) A provision under section (3) (b) must not increase the number of off-street parking spaces required under subsection (1) (a).

(5) A provision under subsection (3) that establishes requirements with respect to the amount of space for different classes does not apply with respect to

(a) land, or

(b) a building or other structure existing at the time the bylaw came into force,

so long as the land, or building or other structure, continues to be put to a use that does not require more off-street parking or loading spaces than were required for the use existing at the time the bylaw came into force.

(6) A bylaw under this section may exempt one or more of the following from any provisions of such a bylaw:

(a) a class of use, or of buildings or other structures, as established by the bylaw;

(b) an activity or circumstance relevant to transportation needs that is related to

(i) a use,

(ii) a building or other structure, or

(iii) a class of use or of buildings or other structures

as established by the bylaw;

(c) a use, or building or other structure, existing at the time of the adoption of a bylaw under this section.

(7) If money is received by a municipality or regional district under subsection (2), the municipality or regional district must

(a) establish a reserve fund for the purpose of providing

(i) new and existing off-street parking spaces, or

(ii) transportation infrastructure that supports walking, bicycling, public transit or other alternative forms of transportation, and

(b) place the money to the credit of the reserve fund.

(8) If reserve funds are established for both the purpose of subsection (7) (a) (i) and the purpose of subsection (7) (a) (ii), the reserve funds must be separate.

(9) Before June 30 in each year, a local government must prepare and consider a report respecting the previous year in relation to the reserve funds required under this section, including the following information separately for each of the purposes established under subsection (7):

(a) the amounts received under subsection (2) in the applicable year;

(b) the expenditures from the reserve funds in the applicable year;

(c) the balance in the reserve funds at the start and at the end of the applicable year;

(d) the projected timeline for future projects to be funded from the reserve funds.

(10) The local government must make a report under subsection (9) available to the public from the time it considers the report until June 30 in the following year.

23 Section 919.1 (1) is amended by adding the following paragraphs:

(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.

24 Section 920 is amended

(a) by repealing subsection (1) (e) and substituting the following:

(e) land within an area designated under section 919.1 (1) (d), (h), (i) or (j), or a building or other structure on that land, must not be altered. , and

(b) by adding the following subsections:

(10.1) A development permit for land designated under section 919.1 (1) (h), (i) or (j) may include requirements respecting

(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, and

(e) machinery, equipment and systems external to buildings and other structures

in order to provide for energy and water conservation and the reduction of greenhouse gas emissions.

(10.2) A development permit for land designated under section 919.1 (1) (h), (i) or (j) 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.

25 Section 933 is amended by adding the following subsection:

(4.01) A charge is not payable under a bylaw made under subsection (1) in relation to the construction, alteration or extension of self-contained dwelling units in a building authorized under a building permit if

(a) subject to a bylaw under subsection (4.1) (c) or a regulation under subsection (4.2) (c), each unit is no larger in area than 29 square metres, and

(b) each unit is to be put to no other use other than the residential use in those dwelling units.

26 Section 933 is amended

(a) by repealing subsections (4.1) and (4.2) and substituting the following:

(4.1) A local government may, in a bylaw under subsection (1), do one or more of the following:

(a) provide that a charge is payable under the bylaw in relation to a building permit referred to in subsection (4) (b);

(b) establish an amount for the purposes of subsection (4) (c) (iii) that is greater than the amount otherwise applicable under subsection (4) (c), subject to the maximum value permitted under subsection (4.2) (b);

(c) establish an area for the purposes of subsection (4.01) (a) that is greater than the area otherwise applicable, subject to the maximum area permitted under subsection (4.2) (d).

(4.2) The minister may, by regulation, do one or more of the following:

(a) prescribe an amount for the purposes of subsection (4) (c) (ii);

(b) prescribe a maximum value that may be established under subsection (4.1) (b);

(c) prescribe an area for the purpose of subsection (4.01) (a);

(d) prescribe a maximum area that may be established under subsection (4.1) (c). ,

(b) in subsection (11) by striking out "a local government" and substituting "but subject to section 933.1 [development for which charges may be waived or reduced], a local government", and

(c) by repealing subsections (12) and (13).

27 The following section is added:

Development for which charges may be waived or reduced

933.1  (1) In this section, "eligible development" means development that is eligible in accordance with an applicable bylaw or regulation under this section as being for one or more of the following categories:

(a) not-for-profit rental housing, including supportive living housing;

(b) for-profit affordable rental housing;

(c) a subdivision of small lots that is designed to result in low greenhouse gas emissions;

(d) a development that is designed to result in a low environmental impact.

(2) Subject to a bylaw under subsection (3) and an applicable regulation under subsection (4), a local government may waive or reduce a charge under section 933 [development cost charges generally] for an eligible development.

(3) For the purposes of subsection (2), the local government, by bylaw

(a) must establish what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of eligible development described in subsection (1),

(b) must establish the amount or rates of reduction for an eligible development, which may be different for different categories of eligible development described in subsection (1) or different classes of eligible development established in the bylaw, and

(c) may establish the requirements that must be met in order to obtain a waiver or reduction under subsection (2) and the conditions on which such a waiver or reduction may be granted.

(4) The minister may make regulations

(a) establishing,

(b) restricting, or

(c) establishing criteria for determining

what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of eligible development described in subsection (1).

(5) The authority under subsection (2) is an exception to

(a) section 182 (1) [prohibition against assistance to business] of this Act, and

(b) section 25 (1) [prohibition against assistance to business] of the Community Charter.

(6) If a local government delegates the power under subsection (2), the person who is subject to the decision of the delegate is entitled to have the local government reconsider the matter.

28 Section 934 (4) is repealed and the following substituted:

(4) In setting development cost charges in a bylaw under section 933 (1), a local government must take the following into consideration:

(a) future land use patterns and development;

(b) the phasing of works and services;

(c) the provision of park land described in an official community plan;

(d) how development designed to result in a low environmental impact may affect the capital costs of infrastructure referred to in section 933 (2) and (2.1);

(e) whether the charges

(i) are excessive in relation to the capital cost of prevailing standards of service,

(ii) will deter development,

(iii) will discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land, or

(iv) will discourage development designed to result in a low environmental impact

in the municipality or regional district.

29 The following section is added:

Annual development cost charges report

937.01  (1) Before June 30 in each year, a local government must prepare and consider a report in accordance with this section respecting the previous year.

(2) The report must include the following, reported for each purpose under subsections (2) and (2.1) of section 933 for which the local government imposes the development cost charge in the applicable year:

(a) the amount of development cost charges received;

(b) the expenditures from the development cost charge reserve funds;

(c) the balance in the development cost charge reserve funds at the start and at the end of the applicable year;

(d) any waivers and reductions under section 933.1 (2).

(3) The local government must make the report available to the public from the time it considers the report until June 30 in the following year.

30 Section 937.2 is amended by repealing the definition of "eligible development" and substituting the following:

"eligible development" means

(a) a subdivision of land in a school district, or

(b) any new construction, alteration or extension of a building in a school district that increases the number of self-contained dwelling units on a parcel

and includes an eligible development as defined in section 933.1(1), in a school district; .

31 Section 937.3 is amended by adding the following subsection:

(3.2) A school site acquisition charge is not payable under subsection (1) in relation to the construction, alteration or extension of self-contained dwelling units in a building authorized under a building permit if

(a) subject to a local government bylaw under section 933 (4.1) (c) or a regulation under subsection (4.2) (c) of that section, each unit is no larger in area than 29 square metres, and

(b) each unit is to be put to no other use other than the residential use in those dwelling units.

32 Section 937.3 is amended by adding the following subsection:

(3.3) If a development cost charge is waived or reduced under section 933.1 (2), a school site acquisition charge under subsection (1) of this section must be waived or reduced to the same extent.

Vancouver Charter

33 Section 306 of the Vancouver Charter, S.B.C. 1953, c. 55, is amended

(a) by renumbering the section as section 306 (1),

(b) by repealing subsection (1) (r), (s) and (s.1) and substituting the following:

Off-street parking and loading space requirements

(r) with respect to loading and off-street parking for motor vehicles and bicycles to

(i) require owners or occupiers of any land or building to provide off-street parking and loading spaces for the land or building, or the use of the land or building, including spaces for use by disabled persons,

(ii) establish design standards for spaces required under subparagraph (i), including standards respecting the size, surfacing, lighting and numbering of the spaces,

(iii) permit off-street parking spaces required under subparagraph (i) to be provided, other than on the site of the building or use, under conditions that are specified in the by-law, and

(iv) as an alternative to complying with a requirement to provide off-street parking spaces under subparagraph (i), permit, at the option of the owner or occupier of the land or building, the payment to the city of an amount of money specified in the by-law; , and

(c) by adding the following subsections:

(2) Money referred to in subsection (1) (r) (iv) is payable

(a) at the time the building permit is issued for the applicable building, or

(b) if no building permit is required, at the time the use that requires the parking space specified in the by-law begins.

(3) A by-law under subsection (1) (r) may make different provisions for one or more of the following:

(a) different classes of uses or of buildings as established by the by-law;

(b) subject to subsection (4), different activities and circumstances relevant to transportation needs that are related to

(i) a use,

(ii) a building, or

(iii) a class of use or of buildings

as established by the by-law;

(c) different areas;

(d) different zones;

(e) different uses within a zone.

(4) A provision under subsection (3) (b) must not increase the number of off-street parking spaces required under subsection (1) (r).

(5) A provision under subsection (3) that establishes requirements with respect to the amount of space for different classes does not apply with respect to

(a) land, or

(b) a building existing at the time the by-law came into force,

so long as the land or building continues to be put to a use that does not require more off-street parking or loading spaces than were required for the use existing at the time the by-law came into force.

(6) A by-law under subsection (1) (r) may exempt one or more of the following from any provisions of such a by-law:

(a) a class of use, or of buildings, as established by the by-law;

(b) an activity or circumstance relevant to transportation needs that is related to

(i) a use,

(ii) a building, or

(iii) a class of use or of buildings

as established by the by-law;

(c) a use or building existing at the time of the adoption of a by-law under this paragraph;

(d) residential, cultural or recreational uses of a building that is designated as a heritage site under the Heritage Conservation Act.

(7) If money is received by the city under subsection (2), the city must

(a) establish a reserve fund for the purpose of providing

(i) new and existing off-street parking spaces, or

(ii) transportation infrastructure that supports walking, bicycling, public transit or other alternative forms of transportation, and

(b) place the money to the credit of the reserve fund.

(8) If reserve funds are established for both the purpose of subsection (7) (a) (i) and the purpose of subsection (7) (a) (ii), the reserve funds must be separate.

(9) In each year the Director of Finance must prepare and submit to the Council a report for the previous year that includes the following:

(i) the amounts received under subsection (2) in the applicable year;

(ii) the expenditures from the reserve funds in the applicable year;

(iii) the balance in the reserve funds at the start and at the end of the applicable year;

(iv) the projected timeline for future projects to be funded from the reserve funds.

(10) As soon as practicable after receiving the report under subsection (9), the Council must consider the report and make it available to the public.

34 Sections 307 and 308 are amended by striking out "clause (j) or (q) of section 306" and substituting "section 306 (1) (j) or (q)".

35 Section 523D (10) is amended by adding the following paragraph:

(b.1) in relation to the construction, alteration or extension of self-contained dwelling units authorized under a building permit if

(i) subject to a by-law under subsection (10.2), each unit is no larger in area than 29 square metres, and

(ii) each unit is to be put to no other use other than the residential use in those dwelling units, .

36 Section 523D is amended by adding the following subsections:

(10.2) A by-law made under this section may establish an area for the purposes of subsection (10) (b.1) (i) that is greater than the area otherwise applicable.

(10.3) In subsections (10.4) and (10.5), "eligible development" means development that is eligible in accordance with an applicable by-law under this section as being for one or more of the following categories:

(a) for-profit affordable rental housing;

(b) a subdivision of small lots that is designed to result in low greenhouse gas emissions;

(c) a development that is designed to result in a low environmental impact.

(10.4) Subject to a by-law under subsection (10.5), the Council may waive or reduce a levy under this section for an eligible development.

(10.5) For the purposes of subsection (10.4), the Council, by by-law

(a) shall establish what constitutes an eligible development or a class of eligible development for the purposes of one or more categories of eligible development described in subsection (10.3),

(b) shall establish the amount or rates of reduction for an eligible development, which may be different for different categories of eligible development described in subsection (10.3) or different classes of eligible development established in the by-law, and

(c) may establish the terms and conditions that must be met in order to obtain a waiver or reduction under subsection (10.4).

(18.1) In each year,

(a) the Director of Finance must prepare and submit to the Council a report for the previous year that includes the following, reported for each purpose under this section for which the Council imposes the development cost levy in the applicable year:

(i) the amount of development cost levies received;

(ii) the expenditures from the development cost levy reserve funds;

(iii) the balance in the development cost levy reserve funds at the start and at the end of the applicable year;

(iv) any waivers and reductions under subsection (10.4), and

(b) as soon as practicable after receiving the report, the Council must consider the report and make it available to the public.

37 Section 559 is amended by adding the following definition:

"greenhouse gas" has the same meaning as in the Greenhouse Gas Reduction Targets Act; .

38 The following section is added:

Greenhouse gas emissions reduction targets

562.01  An official development plan under section 562 must include targets for the reduction of greenhouse gas emissions in the area covered by the plan, and policies and actions of the Council proposed with respect to achieving those targets.

Transitional Provisions

Transition — greenhouse gas emissions reduction targets
in planning documents

39  (1) The requirements to establish targets, policies and actions regarding greenhouse gas emission reductions under section 850 (2) (d) [required content of regional growth strategy] and section 877 (3) [required content of official community plan] of the Local Government Act and section 562.01 [greenhouse gas emissions reduction targets] of the Vancouver Charter do not apply to a bylaw adopted before or after this section comes into force until May 31, 2010 for an official community plan or official development plan and May 31, 2011 for a regional growth strategy, or such later date as is established under subsection (2).

(2) The minister may, by order made before or after the date previously applicable under subsection (1), establish a later date

(a) for the purposes of subsection (1) generally,

(b) in relation to a described class of municipality or regional district,

(c) in relation to a specified local authority, or

(d) in relation to a described class of official community plans, official development plans or regional growth strategies and described actions in relation to those plans and strategies.

Transition — consultation plans

40  If, before amendments made by this Act to sections 855 and 857 (3) of the Local Government Act come into force, a consultation plan under section 855 (2) of that Act has been adopted, the regional district board may proceed under the previous enactment and the previous enactment continues to apply for that purpose until the consultation plan is amended.

Transition — off-street parking reserve funds

41  Despite section 189 of the Community Charter, if a local government has established a reserve fund under section 906 (4) of the Local Government Act or the city has established a reserve fund under section 306 (s.1) of the Vancouver Charter, as those sections read before amendments made by this Act to those sections came into force, a local government or the city may, by bylaw, transfer all or part of the amount in the reserve fund to a reserve fund established under section 906 (7) (a) (ii) of the Local Government Act or section 306 (7) (a) (ii) of the Vancouver Charter, as enacted by this Act.

Transition — annual reserve fund reporting requirements

42  Reports under the following provisions, as those provisions are enacted by this Act, are not required with respect to the 2007 year:

(a) sections 906 (9) and 937.01 of the Local Government Act;

(b) sections 306 (9) and 523D (18.1) of the Vancouver Charter.

Transition — development cost charge bylaws

43  Requirements under section 934 (4) (d) and (e) (iv) of the Local Government Act or section 58.4 (4) (a) (ii) and (b) (iv) of the Greater Vancouver Sewerage and Drainage District Act, as enacted by this Act, for development cost charges do not apply to a development cost charge bylaw that has received first reading before this section comes into force, unless and until the bylaw is amended.

Commencement

44  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

 
Explanatory Notes

Community Charter

SECTION 1: [Community Charter, section 188] allows money from a municipal off-street parking reserve fund to be used for purposes of alternative transportation infrastructure.

Greater Vancouver Sewerage and Drainage District Act

SECTION 2: [Greater Vancouver Sewerage and Drainage District Act, section 58.1] adds a definition of "eligible development".

SECTION 3: [Greater Vancouver Sewerage and Drainage District Act, section 58.2] exempts small-unit housing from development cost charges.

SECTION 4: [Greater Vancouver Sewerage and Drainage District Act, section 58.2] provides authority to waive or reduce development cost charges in relation to the described types of development.

SECTION 5: [Greater Vancouver Sewerage and Drainage District Act, section 58.4] requires the Corporation to consider the impact of development cost charges in relation to encouraging developments with a low environmental impact.

SECTION 6: [Greater Vancouver Sewerage and Drainage District Act, section 58.6] requires the Corporation to prepare reports in relation to its development cost charges on request of the inspector of municipalities.

Greater Vancouver Water District Act

SECTION 7: [Greater Vancouver Water District Act, section 5] is consequential to section 9.1 of the Act as added by this Bill.

SECTION 8: [Greater Vancouver Water District Act, heading above section 8] updates a heading.

SECTION 9: [Greater Vancouver Water District Act, section 9] adds a subsection to provide that water licences acquired to generate and sell power are not exempt from cancellation.

SECTION 10: [Greater Vancouver Water District Act, section 9.1] provides the Greater Vancouver Water District with authority to generate and sell power to third parties.

Local Government Act

SECTION 11: [Local Government Act, section 5] adds a new definition for the purposes of the proposed provisions related to the reduction of greenhouse gas emissions.

SECTION 12: [Local Government Act, s. 694] is self-explanatory.

SECTION 13: [Local Government Act, section 848] is consequential to the proposed section 857.1 [minor amendments to regional growth strategy] of the Act.

SECTION 14: [Local Government Act, section 850] requires regional growth strategies to include targets for reducing greenhouse gas emissions and proposed policies and actions for achieving those targets.

SECTON 15: [Local Government Act, section 853] is consequential to the proposed section 857.1 [minor amendments to regional growth strategy] of the Act.

SECTION 16: [Local Government Act, section 855] replaces the current requirement for a public hearing on a proposed regional growth strategy with a requirement that the board consider whether the consultation plan required under this section should include a public hearing.

SECTION 17: [Local Government Act, section 857] is consequential to the proposed repeal of section 855 (4) of the Act.

SECTION 18: [Local Government Act, section 857.1] allows minor amendments to regional growth strategies to be made by a streamlined procedure, either in accordance with section 857.1 of the Act or in accordance with provisions of the regional growth strategy.

SECTION 19: [Local Government Act, section 866] adds references to sections 856and 858 of the Act, to make the processes established by these sections available to assist in resolving issues related to a proposed regional context statement that is to be included in an official community plan.

SECTION 20: [Local Government Act, section 877] requires official community plans to include targets for reducing greenhouse gas emissions and proposed policies and actions for achieving those targets.

SECTION 21: [Local Government Act, section 905.1] adds new categories of development permit areas to the exception in section 905.1 (7) of the Act and makes the exception subject to the approval of the inspector of municipalities.

SECTION 22: [Local Government Act, section 906]

• expands the purposes of reserve funds under this section to include alternative transportation infrastructure;
• provides increased variation authority in relation to off-street parking requirements;
• allows exemptions in relation to activities and circumstances;
• requires annual reporting in relation to reserve funds under this section.

SECTION 23: [Local Government Act, section 919.1] expands the purposes for which a local government may establish development permit areas.

SECTION 24: [Local Government Act, section 920]

• adds references to the proposed section 919.1 (1) (h), (i) and (j) [development permit areas] of the Act to require a development permit before land or buildings within a designated area may be altered;
• allows local governments to establish described requirements in relation to such development permits.

SECTION 25: [Local Government Act, section 933] exempts small-unit housing from development cost charges.

SECTION 26: [Local Government Act, section 933]

• by the proposed subsections (4.1) and (4.2), adds authority in relation to the proposed subsection (4.01);
• by the proposed amendment to subsection (11), adds a pointer to the proposed section 933.1;
• repeals subsections (12) and (13), as the substance of these provisions would be moved to the proposed section 933.1.

SECTION 27: [Local Government Act, section 933.1] provides authority to waive or reduce development cost charges in relation to the described types of development.

SECTION 28: [Local Government Act, section 934] requires local governments to consider the impact of development cost charges in relation to encouraging developments with a low environmental impact.

SECTION 29: [Local Government Act, section 937.01] requires local governments to prepare annual reports in relation to their development cost charges.

SECTION 30: [Local Government Act, section 937.2] is consequential to the proposed amendments to section 937.3 [school site acquisition charge payable] of the Act.

SECTION 31: [Local Government Act, section 937.3] exempts small-unit housing from school site acquisition charges.

SECTION 32: [Local Government Act, section 937.3] requires the waiver or reduction of school site acquisition charges to the same extent that a development cost charge is waived or reduced under the proposed section 933.1 [development for which charges may be waived or reduced].

Vancouver Charter

SECTION 33: [Vancouver Charter, section 306] amends the by-law making power with respect to off-street parking and loading spaces to parallel the changes in proposed section 906 of the Local Government Act.

SECTION 34: [Vancouver Charter, sections 307 and 308] is consequential to the renumbering of section 306 of the Act as section 306 (1).

SECTION 35: [Vancouver Charter, section 523D] exempts small-unit housing from development cost charges.

SECTION 36: [Vancouver Charter, section 523D]

• by the proposed subsection (10.2), adds authority in relation to the proposed subsection (10) (b.1);
• by the proposed subsections (10.3) to (10.5), provides authority to waive or reduce development cost charges in relation to the described types of development;
• by the proposed subsection (18.1), provides for annual reporting in relation to development cost levies.

SECTION 37: [Vancouver Charter, section 559] adds a new definition for the purposes of the proposed provisions related to the reduction of greenhouse gas emissions.

SECTION 38: [Vancouver Charter, section 562.01] requires official development plans for the City of Vancouver to include targets for reducing greenhouse gas emissions and proposed policies and actions for achieving those targets.

SECTION 39: [Transition — greenhouse gas emissions reduction targets in planning documents] allows local governments time to bring their planning documents into compliance with the obligations to include greenhouse gas emission targets and reduction strategies.

SECTION 40: [Transition — consultation plans] provides that the rules in existence at the time a consultation plan for a regional growth strategy is adopted continue with respect to that consultation plan.

SECTION 41: [Transition — off-street parking reserve funds] provides for transition in relation to off-street parking reserve funds.

SECTION 42: [Transition — annual reserve fund reporting requirements] provides for transition respecting annual reports relating to off-street parking reserve funds and annual development costs charges.

SECTION 43: [Transition — development cost charge bylaws] provides for transition respecting development cost charge bylaws.