Well, the June 30th deadline for local governments to enact legislation to align with the Provincial Government Bills 44 and 47, has come and gone. And across the region, there has been a mixed response by City Councils to going along with the Province or thumbing their nose at being told what to do.
Bill 44 – Housing Statutes (Residential Development) Amendment Act requires that local governments update their zoning bylaws to allow either a minimum of one secondary suite or detached accessory dwelling unit, a minimum of three to four dwelling units, or a minimum of six dwelling units in selected areas near bus stops with frequent transit service. The Small-Scale, Multi-Unit Housing program has been cheekily referred to as SSMUH, that’s pronounced “smoo” or “schmoo,” not the best government acronym, but it is what it is.
Bill 47 – Housing Statutes (Transit-Oriented Areas) Amendment Act requires the designation of transit-oriented development (TOD) areas with prescribed minimum allowable densities and restricts local governments’ ability to mandate residential parking.
Two municipalities have asked for extensions to pass zoning amendments to accommodate the new legislation across their municipal boundaries, while others have just said no, or not now.
Richmond has asked for an extension to consider ongoing sanitary sewer replacement in its historic Steveston neighbourhood, prior to any construction of multiplexes and wants time to consult with residents.
Coquitlam has also asked for an extension on implementation of SSMUH on the basis that “there is a risk to health, public safety or the environment due to infrastructure capacity or condition in specific areas of the City.”
In Burnaby, Council has met the standards of Bill 47 but is protesting the requirement to allow taller housing heights near transit hubs by tabling the mandated bylaw for a minimum of 90 days. Mayor Hurley noted “we just want a bit more time to investigate it and to see what happens in other municipalities.”
And West Vancouver has outright rejected rezoning requirements to allow for additional small-scale homes in its community, with Mayor Sager and Housing Minister Kahlon at odds on how the City can meet its housing targets. “Please don’t portray us as a group of people who are opposed to housing” the Mayor responds to the Minister.
Across Metro Vancouver, others have passed the new bylaws, some reluctantly and raising concerns about unintended consequences. Surrey Mayor Locke notes that “Surrey and other cities are facing an unprecedented challenge due to the new housing legislation, which was implemented without any consultation.”
Delta Mayor Harvie issued a letter to Minister Kahlon raising concerns related to introducing further density into existing neighborhoods that do not have adequate road infrastructure or necessary servicing.
City of New Westminster Mayor Johnstone discusses the implications of the new requirements noting that shrouded in uncertainty, the city believes it is already meeting many of its densification goals and will protect much of its historic communities, having been designated as heritage sites by the City.
And at the other end of the compliance spectrum, the City of Vancouver passed bylaws to align with Bill 47, going even so far as to eliminate parking requirements for the entire city.
So the majority of municipalities have passed bylaw amendments to accommodate Bills 44 and 47, but not without citing lack of consultation or engagement, additional infrastructure that will be needed and lack of necessary time to determine unintended consequences.
HAVAN staff had the opportunity to meet with Minister Kahlon last week at a Housing Summit hosted by the Panatch Group in Richmond. The Minister made it clear that the new housing legislation introduced by his government is not optional, that local governments that are not following the new rules will be reminded of their legal obligations and there may be consequences for those municipalities.
What steps will the Minister take next? Stay tuned!
HAVAN continues to work with CHBA BC and CHBA to advocate for all levels of government to work together to address the challenges of the housing industry including zoning restrictions, density limits, and NIMBYism.
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