BILL 23 — 2018
LOCAL GOVERNMENT STATUTES
(RESIDENTIAL RENTAL TENURE ZONING)
AMENDMENT ACT, 2018
HER MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Province of British Columbia, enacts as follows:
Local Government Act
1 Section 455 of the Local Government Act, S.B.C. 2015, c. 1, is amended by adding the following definitions:
"form of tenure" means the legal basis on which a person occupies a housing unit;
"housing cooperative" has the same meaning as in section 1 of the Cooperative Association Act;
"residential rental tenure" means a form of tenure as such form of tenure is defined by a local government in a zoning bylaw;
"strata corporation" has the same meaning as in section 1 of the Strata Property Act;
"strata lot" has the same meaning as in section 1 of the Strata Property Act; .
2 Section 466 (4) is amended by striking out "of any area, the notice must" and substituting "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".
3 Section 470 (1) (b) is repealed and the following substituted:
(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.
4 Section 479 (1) is amended by adding the following paragraph:
(c.1) limit the form of tenure in accordance with section 481.1; .
5 The following sections are added:
Residential rental tenure
481.1 (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.
6 Section 490 (3) is repealed and the following substituted:
(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.
7 Section 498 (2) is amended by adding the following paragraph:
(a.1) the application of a zoning bylaw in relation to residential rental tenure; .
8 The following Division is added to Part 14:
Division 14.1 – Non-conforming Form of Tenure
Non-conforming form of tenure: authority to continue tenure
535.1 (1) If, at the time a
zoning bylaw that limits the form of tenure to residential rental tenure is adopted, a housing unit to which the bylaw applies has a form
of tenure other than residential rental tenure, the other form of tenure continues as a non-conforming form of tenure.
(2) If, at the time a zoning bylaw that limits the form
of tenure to residential rental tenure is adopted, a local government has issued a building permit or a development permit in relation to a
building that will contain housing units to which the bylaw would otherwise apply, and the housing units have or may have a form of tenure
other than residential rental tenure, the other form of tenure continues as a non-conforming form of tenure.
Non-conforming form of tenure: repair,
extension and alteration
535.2 (1) Subject to
subsection (2), if a non-conforming form of tenure is authorized, under section 535.1, to continue in relation to a housing unit in a building
and the building is maintained, extended or altered, the non-conforming form of tenure continues if the repair, extension or alteration would,
when completed, involve no further contravention of the bylaw than that existing at the time the repair, extension or alteration was started.
(2) If the repair, extension or alteration includes the
construction of additional housing units, the additional housing units are subject to the zoning bylaw in relation to residential rental
tenure.
Change in ownership, tenants or occupants
in relation to form of tenure
535.3 For the purposes of
this Division and subject to section 535.4, a change of owners, tenants or occupants of a housing unit does not, by reason only of the change,
affect the authority to continue a non-conforming form of tenure of the housing unit.
Dissolution of strata corporations
535.4 If
(a) a non-conforming form of tenure is authorized to continue under section 535.1 in relation to a housing unit in a building,
(b) the building includes strata lots,
(c) the strata corporation for the owners of the strata lots is wound up under Part 16 of the Strata Property Act, and
(d) there is a disposition of all of the land and the building of that strata corporation,
the non-conforming form of tenure is no longer authorized to continue.
Regulation-making powers
535.5 (1) In relation to this Division, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant
Governor in Council may make regulations respecting non-conforming forms of tenure, including, without limitation,
(a) regulations prescribing circumstances in which a
non-conforming form of tenure is authorized, or is no longer authorized, to continue, and
(b) regulations in relation to when a non-conforming form of tenure is no longer authorized.
9 Section 542 (1) (c) is amended by adding the following subparagraph:
(vi) vary the application of an applicable bylaw in relation to residential rental tenure.
10 Section 610 (8) is repealed and the following substituted:
(8) Before entering into or amending a heritage
revitalization agreement, a local government must hold a public hearing on the matter if the agreement or amendment would
(a) permit a change to the use or density of use that is not otherwise authorized by the applicable zoning of the property, or
(b) alter a zoning bylaw in relation to residential rental tenure as defined in section 455,
and, for these purposes, Division 3 [Public Hearings on Planning and Land Use Bylaws] of Part 14 applies.
11 Section 617 (4) is amended by adding the following paragraph:
(a.1) a zoning bylaw in relation to residential rental tenure as defined in section 455 may not be altered; .
Vancouver Charter
12 Section 559. of the Vancouver Charter, S.B.C. 1953, c. 55, is amended by adding the following definitions:
"form of tenure" means the legal basis on which a person occupies a housing unit;
"housing cooperative" has the same meaning as in section 1 of the Cooperative Association Act;
"residential rental tenure" means a form of tenure as such form of tenure is defined in a zoning by-law;
"strata corporation" has the same meaning as in section 1 of the Strata Property Act;
"strata lot" has the same meaning as in section 1 of the Strata Property Act; .
13 Section 565. (1) is amended by adding the following paragraph:
(b.1) limiting the form of tenure in accordance with section 565.01; .
14 The following sections are added:
Residential rental tenure
565.01 (1) A zoning by-law
may limit the form of tenure to residential rental tenure within a district or zone or part of a district or 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
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
565.02 If the Council
adopts a zoning by-law that limits the form of tenure to residential rental tenure, the zoning by-law 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 rental of housing.
15 The following sections are added:
Non-compliant form of tenure
568.1 (1) If, at the time a
zoning by-law that limits the form of tenure to residential rental tenure is adopted, a housing unit to which the by-law applies has a form
of tenure other than residential rental tenure, the other form of tenure continues as a non-compliant form of tenure.
(2) If, at the time a zoning by-law that limits the form
of tenure to residential rental tenure is adopted, the Council has issued a building permit or a development permit in relation to a
building that will contain housing units to which the by-law would otherwise apply, and the housing units have or may have a form of tenure
other than residential rental tenure, the other form of tenure continues as a non-compliant form of tenure.
Non-compliant form of tenure: repair,
extension and alteration
568.2 (1) Subject to
subsection (2), if a non-compliant form of tenure is authorized, under section 568.1, to continue in relation to a housing unit in a building
and the building is maintained, extended or altered, the non-compliant form of tenure continues if the repair, extension or alteration would,
when completed, involve no further contravention of the by-law than that existing at the time the repair, extension or alteration was started.
(2) If the repair, extension or alteration includes the
construction of additional housing units, the additional housing units are subject to the zoning by-law in relation to residential rental
tenure.
Change in ownership, tenants or occupants
in relation to form of tenure
568.3 For the purposes of
this Division and subject to section 568.4, a change of owners, tenants or occupants of a housing unit does not, by reason only of the change,
affect the authority to continue a non-compliant form of tenure of the housing unit.
Dissolution of strata corporations
568.4 If
(a) a non-compliant form of tenure is authorized to continue under section 568.1 in relation to a housing unit in a building,
(b) the building includes strata lots,
(c) the strata corporation for the owners of the strata lots is wound up under Part 16 of the Strata Property Act, and
(d) there is a disposition of all of the land and the building of that strata corporation,
the non-compliant form of tenure is no longer authorized to continue.
16 The following section is added:
Regulations
571E (1) In relation to this Division, the Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant
Governor in Council may make regulations respecting non-compliant forms of tenure, including, without limitation,
(a) regulations prescribing circumstances in which a
non-compliant form of tenure is authorized, or is no longer authorized, to continue, and
(b) regulations in relation to when a non-compliant form of tenure is no longer authorized.
17 Section 573. is amended by adding the following subsection:
(2.2) The Board shall not allow an appeal about a zoning by-law in relation to residential rental tenure.
18 Section 592. (8) is repealed and the following substituted:
(8) The Council must hold a public hearing on the matter
before entering into or amending a heritage revitalization agreement if the agreement or amendment would
(a) permit a change to the use or density of use that is not otherwise authorized by the applicable zoning of the property, or
(b) alter a zoning by-law in relation to residential rental tenure as defined in section 559,
and, for these purposes, section 566 applies.
19 Section 597. (3.1) is amended by adding the following paragraph:
(a.1) a zoning by-law in relation to residential rental tenure as defined in section 559 may not be altered; .
Commencement
20 This Act comes into force on the date of Royal Assent.
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