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This Act is current to September 13, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Local Government Act

[RSBC 2015] CHAPTER 1

Deposited with Clerk of the Legislative Assembly on December 16, 2015

Part 14 — Planning and Land Use Management

Division 1 — General

Definitions in relation to this Part

455  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 4 of the Agricultural Land Commission Act;

"board of variance" means a board of variance established under Division 15 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 in an agricultural land reserve as defined in the Agricultural Land Commission Act,

(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;

"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;

"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.

Area of authority for municipalities and regional districts

456  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  (1) A rural land use bylaw adopted under section 886 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) Section 472 (2) (a) [official community plan to be included as schedule to adopting bylaw] does not apply to a rural land use bylaw.

Limit on compensation

458  (1) 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.

Division 2 — Responsibilities, Procedures and Authorities

Information that must be available to the public

459  (1) 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 15 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  (1) 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  (1) 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 4 to 14 of this Part and section 546 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  (1) 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  (1) 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].

Division 3 — Public Hearings on Planning and Land Use Bylaws

Requirement for public hearing before adopting bylaw

464  (1) Subject to subsection (2), 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) A local government may waive the holding of a public hearing on a proposed zoning bylaw if

(a) an official community plan is in effect for the area that is subject to the zoning bylaw, and

(b) the bylaw is consistent with the official community plan.

Public hearing procedures

465  (1) A public hearing under section 464 (1) must be held after first reading of the bylaw and before third reading.

(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 time and place for the resumption of the hearing are stated to those present at the time the hearing is adjourned.

Notice of public hearing

466  (1) If a public hearing is to be held under section 464 (1), 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;

(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 at least 2 consecutive issues of a newspaper, the last publication to appear 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, 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 10 or more parcels owned by 10 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 waived

467  (1) If a local government waives the holding of a public hearing under section 464 (2) [waiver for certain zoning bylaws], it must give notice in accordance with this section.

(2) The notice must state

(a) in general terms, the purpose of the zoning bylaw,

(b) the land or lands that are the subject of the bylaw, and

(c) the place where and the times and dates when copies of the bylaw may be inspected.

(3) Section 466 (3), (4) and (6) to (8) applies to a notice under subsection (2) of this section, except that

(a) the last publication under section 466 (3) is to be not less than 3 days and not more than 10 days before the bylaw is given third reading, and

(b) the delivery under section 466 (4) (b) is to be at least 10 days before the bylaw is given third reading.

Posted notices respecting proposed bylaws

468  (1) In respect of public hearings being held under section 464 (1) or waived under section 464 (2), 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  (1) 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 466 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  (1) 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) alter the use,

(ii) increase the density, or

(iii) without the owner's consent, decrease the density

of any area from that originally specified in the bylaw.

(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 under section 464 (1) or third reading following notice under section 467 [notice if public hearing waived], 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 466 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.

Division 4 — Official Community Plans

Purposes of official community plan

471  (1) 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  (1) A local government may, by bylaw, adopt one or more official community plans.

(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  (1) 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 5 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.

(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 an official community plan, the local government must consider any applicable guidelines under section 582 [provincial policy guidelines].

Policy statements that may be included

474  (1) 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.

(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  (1) 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  (1) 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  (1) 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 land in an agricultural land reserve established under the Agricultural Land Commission Act, 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  (1) 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 711 of the Municipal Act, R.S.B.C. 1979, c. 290, or an official settlement plan under section 809 of that Act, before the repeal of those sections became effective,

must be consistent with the relevant plan.

Division 5 — Zoning Bylaws

Zoning bylaws

479  (1) 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;

(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.

(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).

Adoption of municipal zoning bylaw

480  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  (1) 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.

Density benefits for amenities, affordable housing and special needs housing

482  (1) A zoning bylaw may

(a) 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).

(2) The following are conditions that may be included under subsection (1) (b):

(a) conditions relating to the conservation or provision of amenities, including the number, kind and extent of amenities;

(b) conditions relating to the provision of affordable and special needs housing, as such housing is defined in the bylaw, including the number, kind and extent of the housing;

(c) a condition that the owner enter into a housing agreement under section 483 before a building permit is issued in relation to property to which the condition applies.

(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.

Housing agreements for affordable housing and special needs housing

483  (1) 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 20 of the Land Title Act.

(9) The Lieutenant Governor in Council may prescribe fees for the filing of notices under subsection (5), and section 386 of the Land Title Act applies in respect of those fees.

Division 6 — Development Approval Information Requirements

Development approval information

484  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.

Development approval information areas or circumstances

485  (1) 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  (1) 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  (1) Subject to subsection (3), if a bylaw under section 486 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 1 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.

Division 7 — Development Permits

Designation of development permit areas

488  (1) 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.

(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 489 would not be required.

Activities that require a development permit

489  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  (1) 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 488 in an official community plan or zoning bylaw.

(3) A development permit must not vary the use or density of the land from that permitted in the bylaw except as authorized by section 491 (3) [protection from hazardous conditions].

(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  (1) 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.

Division 8 — Temporary Use Permits

Designation of temporary use permit areas

492  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  (1) 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  (1) 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, and

(d) the place where and the time and date when the resolution will be considered.

(3) The notice must be published in a newspaper at least 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 [requirement for public hearing];

(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  (1) 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  (1) 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  (1) 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).

Division 9 — Development Variance Permits

Development variance permits

498  (1) 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;

(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.

Notice to affected property owners and tenants

499  (1) If a local government proposes to pass a resolution to issue a development variance permit, it must give notice in accordance with this section.

(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.

Division 10 — Other Permits and Permit Matters

Tree cutting permits in relation to areas affected by flooding or other hazards

500  (1) 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  (1) 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  (1) 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  (1) 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 20 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 386 of the Land Title Act applies in respect of those fees.

Permit lapses if relevant construction not substantially started

504  (1) 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  (1) 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 4 500 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.

Division 11 — Subdivision and Development: Requirements and Related Matters

Subdivision servicing requirements

506  (1) A local government may, by bylaw, regulate and require the provision of works and services in respect of the subdivision 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 subdivisions of land;

(b) require that, within a subdivision, highways, sidewalks, boulevards, boulevard crossings, transit bays, street lighting or underground wiring be provided, located and constructed in accordance with the standards established by the bylaw;

(c) require that, within a subdivision, 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.

(2) 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.

(3) A local government must not impose a requirement under subsection (1) (b) or (c) in respect of a subdivision under the Strata Property Act.

(4) 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 subsection (1) (a) or (b) that establishes standards or requirements in relation to highways in an area outside a municipality.

(5) A regulation under subsection (4) 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.

(6) 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 subsection (1) (c) be connected to the local government, improvement district or greater board system, in accordance with standards established in the bylaw.

(7) If there is no community water system, the local government may, by bylaw, require that each parcel to be created by the subdivision have a source of potable water having a flow capacity at a rate established in the bylaw.

(8) As a condition of

(a) the approval of a subdivision, or

(b) the issue of a building permit,

a local government may require that the owner of the land provide works and services, in accordance with the standards established in a bylaw under this section, on that portion of a highway immediately adjacent to the site being subdivided or developed, up to the centre line of the highway.

(9) As a condition of the issue of a building permit, a local government may require that the owner of the land provide, on the site being developed, works and services in accordance with the standards established in a bylaw under this section.

(10) Requirements under subsections (8) and (9)

(a) may be made only to the extent that they are directly attributable to the subdivision or development, 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.

(11) If the owner agrees to provide the services referred to in subsection (10) (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  (1) 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  (1) 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 7 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 [subdivision servicing 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  (1) 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 506 [subdivision servicing 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 506, 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  (1) 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 under this section as determined under subsection (6) of this section.

(2) Despite subsection (1),

(a) if a regional district does not provide a community parks service, the option under subsection (1) (b) does not apply and the owner must provide land in accordance with subsection (1) (a), and

(b) subject to paragraph (a), if an official community plan contains policies and designations respecting the location and type of future parks, the local government may determine whether the owner must provide land under subsection (1) (a) or money under subsection (1) (b).

(3) Subsection (1) does not apply to the following:

(a) subject to subsection (4), a subdivision by which fewer than 3 additional lots would be created;

(b) a subdivision by which the smallest lot being created is larger than 2 hectares;

(c) a consolidation of existing parcels.

(4) Subsection (1) does apply to a subdivision by which fewer than 3 additional lots would be created if the parcel proposed to be subdivided was itself created by subdivision within the past 5 years.

(5) The amount of land that may be required under subsection (1) (a) or used for establishing the amount that may be paid under subsection (1) (b) must not exceed 5% of the land being proposed for subdivision.

(6) If an owner is to pay money under subsection (1) (b), the value of the land is whichever of the following is applicable:

(a) if the local government and the owner agree on a value for the land, the value on which they have agreed;

(b) the average market value of all the land in the proposed subdivision calculated

(i) as that value would be on the date of preliminary approval of the subdivision or, if no preliminary approval is given, a date within 90 days before the final approval of the subdivision,

(ii) as though the land is zoned to permit the proposed use, and

(iii) as though any works and services necessary to the subdivision have not been installed.

(7) If an owner and a local government do not agree on the average market value for the purpose of subsection (6), it must be determined in the manner prescribed in the regulations that the minister may make for this purpose.

(8) If an area of land has been used to calculate the amount of land or money provided or paid under this section, that area must not be taken into account for a subsequent entitlement under subsection (1) in respect of any future subdivision of the land.

(9) Subject to subsection (11), the land or payment required under subsection (1) must be provided or paid to a municipality or regional district as follows:

(a) subject to paragraph (b), before final approval of the subdivision is given;

(b) if the owner and the local government enter into an agreement that the land or payment be provided or paid by a date specified in the agreement, after final approval of the subdivision has been given.

(10) Notice of an agreement under subsection (9) (b) must be filed with the registrar of land titles in the same manner as a notice of a permit may be filed and section 503 [notice of permit on land title] applies.

(11) Despite subsection (9), the minister may, by regulation,

(a) authorize the payment that may be required by this section to be made by instalments, and

(b) prescribe the conditions under which instalments may be paid.

(12) If land is provided for park land under this section, the land must be shown as park on the plan of subdivision.

(13) Section 107 [deposit in land title office operates to dedicate and vest park land] of the Land Title Act applies to park land referred to in subsection (12), except that,

(a) in the case of land within a municipality, title vests in the municipality, and

(b) in the case of land outside a municipality, title vests in the regional district if it provides a community parks service.

(14) If an owner pays money for park land under this section, the municipality or regional district must deposit this in a reserve fund established for the purpose of acquiring park lands.

Bylaws adopted after application for subdivision submitted

511  (1) This section applies in relation to a bylaw under this Part that is adopted after

(a) an application for a subdivision of land located outside a municipality has been submitted to a district highway manager in a form satisfactory to that official, or

(b) an application for a subdivision of land within a municipality has been submitted to a designated municipal officer and the applicable subdivision fee has been paid.

(2) If the bylaw would otherwise be applicable to the subdivision, the bylaw has no effect with respect to that subdivision for a period of 12 months after the bylaw is adopted.

(3) Subsection (2) does not apply if the applicant agrees in writing that the bylaw should have effect with respect to the subdivision.

Minimum parcel frontage on highway

512  (1) If a parcel being created by a subdivision fronts on a highway, the minimum frontage on the highway must be the greater of

(a) 10% of the perimeter of the lot that fronts on the highway, and

(b) the minimum frontage that the local government may, by bylaw, provide.

(2) A local government may exempt a parcel from the statutory or bylaw minimum frontage provided for in subsection (1).

(3) As a limitation on section 229 [delegation of board authority] of this Act or section 154 [delegation of council authority] of the Community Charter, a local government may delegate its powers under subsection (2) only to an approving officer.

Requirement to provide land for new highway or widening existing highway

513  (1) An approving officer may require that the owner of the land being subdivided provide, without compensation, a portion of that land for highway use as referred to in subsection (2).

(2) Subject to subsection (3), the land required under this section must not be greater than the following:

(a) for a highway within the subdivision, 20 metres in depth;

(b) for widening an existing local highway that borders or is within the subdivision, the lesser of

(i) 10 metres in depth, and

(ii) the difference between the current width of a local highway and 20 metres.

(3) If the approving officer considers that, due to terrain and soil conditions, a roadway of a width of 8 metres cannot, within the 20-metre limit referred to in subsection (2), be adequately supported, protected or drained, the approving officer may determine that the owner provide, without compensation, land of a greater width than that referred to in subsection (2) (a) or (b) that, in the approving officer's opinion, would permit the local highway to be supported, protected or drained.

Subdivision to provide residence for a relative

514  (1) If the requirements of this section are met, an approving officer may approve the subdivision of a parcel of land that would otherwise be prevented from subdivision by a provision of

(a) a bylaw under this Act, other than a bylaw under subsection (4), that establishes a minimum parcel size, or

(b) a regulation under the Local Services Act that establishes a minimum parcel size.

(2) An application for subdivision of a parcel under this section may be made only if all the following requirements are met:

(a) the person making the application has owned the parcel for at least 5 years before making the application;

(b) the application is made for the purpose of providing a separate residence for

(i) the owner,

(ii) a parent of the owner or of the owner's spouse,

(iii) the owner's child or the spouse of the owner's child, or

(iv) the owner's grandchild;

(c) the proposed subdivision is not a subdivision that an approving officer is prevented from approving by subsection (3).

(3) Despite subsection (1), an approving officer must not approve a subdivision under this section in any of the following circumstances:

(a) if

(i) the parcel proposed to be subdivided is classified as farm land for assessment and taxation purposes, and

(ii) after creation of the parcel subdivided for the purpose of providing a residence as stated in subsection (2) (b), the remainder of the parcel proposed to be subdivided would be less than 2 hectares;

(b) if the parcel proposed to be subdivided

(i) is not within an agricultural land reserve established under the Agricultural Land Commission Act, and

(ii) was created by subdivision under this section, including subdivision under section 996 of the Municipal Act, R.S.B.C. 1979, c. 290, as it read before it was repealed and replaced by section 13 of the Municipal Amendment Act (No. 2), 1989;

(c) if the parcel proposed to be subdivided

(i) is within an agricultural land reserve established under the Agricultural Land Commission Act, and

(ii) was within the previous 5 years created by subdivision under this section, including subdivision under section 996 of the Municipal Act, R.S.B.C. 1979, c. 290, as it read before it was repealed and replaced by section 13 of the Municipal Amendment Act (No. 2), 1989.

(4) Subject to subsections (5) and (6), a local government may, by bylaw, establish the minimum size for a parcel that may be subdivided under this section, and different sizes may be specified for different areas specified in the bylaw.

(5) A bylaw under subsection (4) does not apply to land within an agricultural land reserve established under the Agricultural Land Commission Act, with the exception of land to which section 23 (1) or (2) [restrictions on use of agricultural land] of that Act applies.

(6) Any parcel created by subdivision under this section must be at least 1 hectare unless a smaller area, in no case less than 2 500 m2, is approved by the medical health officer.

(7) For 5 years after subdivision under this section, unless the applicable use is changed by bylaw,

(a) the use of the parcel subdivided for the purpose of providing a residence as stated in subsection (2) (b) must be residential use only, and

(b) the use of the remainder of the original parcel must not be changed from the use of the original parcel.

(8) For a parcel of land that is not within an agricultural land reserve established under the Agricultural Land Commission Act, or that is within such a reserve but is land to which section 23 (1) or (2) of that Act applies, approval of subdivision under this section may be given only on the condition that

(a) the owner of the original parcel covenants with the local government, in respect of each of the parcels being created by the subdivision, that the parcel

(i) will be used as required by subsection (7) of this section, and

(ii) will not be subdivided under this section, and

(b) the covenants referred to in paragraph (a) be registered under section 219 of the Land Title Act at the same time that application is made to deposit the subdivision plan.

(9) If a subdivision referred to in subsection (8) is approved, the approving officer must state on the note of approval required by section 88 of the Land Title Act that the approval is subject to conditions established by subsection (8).

Division 12 — Phased Development Agreements

Definitions in relation to this Division

515  In this Division:

"developer" means an owner of land who enters into, or who by assignment becomes a party to, a phased development agreement;

"development" means a development on land owned by a developer and described in a phased development agreement;

"specified subdivision servicing bylaw provision" means a provision of a subdivision servicing bylaw that is specified under section 516 (2) for a phased development agreement;

"specified zoning bylaw provision" means a provision of a zoning bylaw that is specified under section 516 (2) for a phased development agreement.

Phased development agreements

516  (1) A local government may, by bylaw, enter into a phased development agreement with an owner of land.

(2) A phased development agreement must identify the land that is being developed and specify the provisions of a zoning bylaw and a subdivision servicing bylaw to which subsection (5) applies while the agreement is in effect.

(3) A phased development agreement may include additional terms and conditions agreed to by the local government and the developer, including but not limited to terms and conditions respecting one or more of the following:

(a) the inclusion of specific features in the development;

(b) the provision of amenities;

(c) the phasing and timing of the development and of other matters covered by the agreement;

(d) the registration of covenants under section 219 of the Land Title Act;

(e) subject to section 519 (3) [restrictions on minor amendment matters], minor amendments to the agreement, including a definition of "minor amendment" for the purpose of the agreement;

(f) dispute resolution between the parties;

(g) early termination of the agreement, either automatically in the event that terms and conditions are not met or by mutual agreement;

(h) the amount and location of park land to be provided under section 510 [provision of park land] in respect of land being subdivided that is subject to the phased development agreement.

(4) If a phased development agreement includes additional terms and conditions under subsection (3) (h), the amount of park land to be provided

(a) may exceed 5% of the land being proposed for subdivision in respect of an individual subdivision application within the land to which the phased development agreement applies, and

(b) must not exceed 5% of the land being proposed for subdivision in respect of all of the land to which the phased development agreement applies.

(5) Subject to subsection (6), if the specified zoning bylaw provisions or the specified subdivision servicing bylaw provisions are amended or repealed while the agreement is in effect, those changes do not apply to the development unless the developer agrees in writing that the changes apply.

(6) The following changes to the specified zoning bylaw provisions or the specified subdivision servicing bylaw provisions apply to the development without the written agreement of the developer:

(a) changes to enable the local government to comply with an enactment of British Columbia or of Canada;

(b) changes to comply with the order of a court or arbitrator or another direction in respect of which the local government has a legal requirement to obey;

(c) changes that, in the opinion of the local government, are necessary to address a hazardous condition of which the local government was unaware at the time it entered into the phased development agreement.

(7) Subject to subsection (8), if a specified zoning bylaw provision is a provision under section 479 (1) (c) (iii) [regulatory authority], a development permit that

(a) varies the siting, size or dimensions of buildings and other structures, or

(b) varies the siting, size or dimensions of uses that are permitted on the land

does not apply to the development unless the developer agrees in writing that the development permit will apply.

(8) Subsection (7) does not apply to a development permit for land designated under section 488 (1) (a) to (c) and (h) to (j) [designation of development permit areas], if the development permit is approved by the inspector.

(9) For certainty, if a matter included in a phased development agreement is specifically authorized under another section of this Part or Part 15 [Heritage Conservation], the requirements that would apply in relation to that matter under those sections continue to apply.

Term and assignment of phased development agreement

517  (1) Subject to subsection (2), the maximum term for a phased development agreement is 10 years.

(2) With the approval of the inspector, a local government may enter into a phased development agreement for a term not exceeding 20 years.

(3) Subject to subsection (2), a phased development agreement may be renewed or extended, as long as the renewal or extension will not make the agreement effective for a period that could exceed 20 years.

(4) A phased development agreement may not require the local government to renew or extend a phased development agreement or enter into a subsequent phased development agreement for the same development.

(5) The developer may assign a phased development agreement to a subsequent owner of the land identified in the agreement only if

(a) the subsequent owner is identified in the agreement,

(b) the subsequent owner is a member of a class of persons identified in the agreement, or

(c) the local government agrees to the assignment.

Process for phased development agreement bylaw

518  (1) Subject to subsections (2) to (4), the local government must hold a public hearing in accordance with Division 3 [Public Hearings on Planning and Land Use Bylaws] before adopting a bylaw under section 516 [phased development agreements].

(2) In addition to the notice requirements of section 466 (2) [notice of public hearing], the notice of the public hearing must include the following:

(a) the name of the developer;

(b) a general description of the specified zoning bylaw provisions for the phased development agreement;

(c) the term of the phased development agreement;

(d) a general description of the nature of the development that will be the subject of the phased development agreement;

(e) if the phased development agreement provides for the assignment of the agreement to a subsequent owner of the land that is identified in the agreement, the conditions under which the assignment may occur;

(f) any other information required by regulation.

(3) Section 464 (2) [waiver of public hearings] does not apply to a public hearing under subsection (1) of this section.

(4) Despite section 135 (3) [at least one day between third reading and adoption] of the Community Charter, a local government may adopt a phased development agreement bylaw at the same meeting at which the bylaw passed third reading.

Amendments to phased development agreement

519  (1) Subject to subsections (2) to (4), if the local government and the developer agree, a phased development agreement may be amended in accordance with this section.

(2) If the phased development agreement provides for minor amendments, the local government may agree to a minor amendment by resolution.

(3) The following matters may not be dealt with as minor amendments to the phased development agreement:

(a) the specified zoning bylaw provisions;

(b) the specified subdivision servicing bylaw provisions;

(c) provisions regarding the assignment of the agreement to a subsequent owner;

(d) the term of the agreement, unless the amendment will reduce the length of the term;

(e) renewal or extension of the agreement;

(f) the land that is the subject of the agreement;

(g) the definition of "minor amendment" for the purpose of the agreement.

(4) An amendment to a phased development agreement, other than a minor amendment, must be adopted by bylaw, and sections 515 to 518 apply to the bylaw.

Subdivision approval for land subject to phased development agreement

520  (1) This section applies in relation to an application for subdivision approval under section 85 [time limit for approval and consideration of public interest] of the Land Title Act in respect of land that is subject to a phased development agreement.

(2) In determining if the deposit of the subdivision plan is against the public interest under section 85 (3) of the Land Title Act, an approving officer

(a) must take account of the phased development agreement, and

(b) must not consider any of the following:

(i) amendments to or repeals of specified zoning bylaw provisions and specified subdivision servicing bylaw provisions that have not been agreed to by the developer under section 516 (5) [phased development agreements];

(ii) a resolution passed by a local government that has entered into the phased development agreement about substantially the same subject matter as a specified zoning bylaw provision or a specified subdivision servicing bylaw provision in that agreement that may affect the intent of the specified zoning bylaw provision or specified subdivision servicing bylaw provision.

Notice of phased development agreement on land title

521  (1) If a phased development agreement is entered into under section 516, a notice that the land described in the notice is subject to the phased development agreement must be filed with the registrar of land titles in the same manner as a notice of a permit may be filed.

(2) Section 503 [notice of permit on land title] applies to a notice under subsection (1) of this section but there is no requirement to file a notice of a minor amendment described in section 519 (2) [amendments to phased development agreement].

Phased development agreement and other information that must be available for public inspection

522  In relation to a phased development agreement, the following must be available for public inspection at the local government offices during regular office hours:

(a) the phased development agreement;

(b) any amendments to the phased development agreement;

(c) any agreements, permits, plans or other documents that are incorporated into the phased development agreement, whether directly or by reference.

Division 13 — Other Land Use Regulation Powers

Runoff control requirements

523  (1) A local government may, by bylaw, require that an owner of land who carries out construction of a paved area or roof area manage and provide for the ongoing disposal of surface runoff and storm water in accordance with the requirements of the bylaw.

(2) A local government may, by bylaw, establish the maximum percentage of the area of land that can be covered by impermeable material.

(3) A bylaw under subsection (1) or (2) may make different provisions for one or more of the following:

(a) different zones;

(b) different uses in zones;

(c) different areas in zones;

(d) different sizes of paved or roof areas;

(e) different terrain and surface water or groundwater conditions.

Requirements in relation to flood plain areas

524  (1) In this section:

"environment minister" means the minister charged with the administration of the Environmental Management Act;

"Provincial guidelines" means the policies, strategies, objectives, standards, guidelines and environmental management plans, in relation to flood control, flood hazard management and development of land that is subject to flooding, prepared and published by the environment minister under section 5 of the Environmental Management Act;

"Provincial regulations" means, in relation to a local government, any applicable regulations enacted under section 138 (3) (e) [general authority to make regulations — flood hazard management] of the Environmental Management Act.

(2) If a local government considers that flooding may occur on land, the local government may, by bylaw, designate the land as a flood plain.

(3) If land is designated as a flood plain under subsection (2), the local government may, by bylaw, specify

(a) the flood level for the flood plain, and

(b) the setback from a watercourse, body of water or dike of any landfill or structural support required to elevate a floor system or pad above the flood level.

(4) In making bylaws under this section, a local government must

(a) consider the Provincial guidelines, and

(b) comply with the Provincial regulations and a plan or program the local government has developed under those regulations.

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

(a) different areas of a flood plain;

(b) different zones;

(c) different uses within a zone or an area of a flood plain;

(d) different types of geological or hydrological features;

(e) different standards of works and services;

(f) different siting circumstances;

(g) different types of buildings or other structures and different types of machinery, equipment or goods within them;

(h) different uses within a building or other structure.

(6) If a bylaw under subsection (3) applies,

(a) the underside of any floor system, or the top of any pad supporting any space or room, including a manufactured home, that is used for

(i) dwelling purposes,

(ii) business, or

(iii) the storage of goods that are susceptible to damage by floodwater

must be above the applicable flood level specified by the bylaw, and

(b) any landfill required to support a floor system or pad must not extend within any applicable setback specified by the bylaw.

(7) Subject to the Provincial regulations and a plan or program a local government has developed under those regulations, the local government may exempt a person from the application of subsection (6), or a bylaw under subsection (3), in relation to a specific parcel of land or a use, building or other structure on the parcel of land, if the local government considers it advisable and either

(a) considers that the exemption is consistent with the Provincial guidelines, or

(b) has received a report that the land may be used safely for the use intended, which report is certified by a person who is

(i) a professional engineer or geoscientist and experienced in geotechnical engineering, or

(ii) a person in a class prescribed by the environment minister under subsection (9).

(8) The granting of an exemption, and the exemption, under subsection (7) may be made subject to the terms and conditions the local government considers necessary or advisable, including, without limitation,

(a) imposing any term or condition contemplated by the Provincial guidelines in relation to an exemption,

(b) requiring that a person submit a report described in subsection (7) (b), and

(c) requiring that a person enter into a covenant under section 219 of the Land Title Act.

(9) The environment minister may make regulations prescribing a class of persons the minister considers qualified, for the purposes of this section, to certify reports referred to in subsection (7) (b).

Off-street parking and loading space requirements

525  (1) A local government may, by bylaw, do the following:

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

(i) for the building or other structure, or

(ii) for the use of the land, building or other structure;

(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;

(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 the 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 subsection (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 the 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 a 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.

Regulation of signs

526  (1) Subject to the Transportation Act and section 135 of the Motor Vehicle Act, a local government may, by bylaw, regulate the number, size, type, form, appearance and location of any signs.

(2) A bylaw under subsection (1) may make different provisions for one or more of the following:

(a) different zones;

(b) different uses within a zone;

(c) different classes of highways.

(3) The power in subsection (1) to regulate includes the power to prohibit, except that a sign that is located on a parcel and relates to or identifies a use on that parcel must not be prohibited.

Screening and landscaping to mask or separate uses

527  (1) A local government may, by bylaw, require, set standards for and regulate the provision of screening or landscaping for one or more of the following purposes:

(a) masking or separating uses;

(b) preserving, protecting, restoring and enhancing the natural environment;

(c) preventing hazardous conditions.

(2) A bylaw under subsection (1) may set different requirements, standards and regulations for one or more of the following:

(a) different zones;

(b) different uses within a zone;

(c) different locations within a zone.

Division 14 — Non-conforming Use and Other Continuations

Non-conforming uses: authority to continue use

528  (1) Subject to this section, if, at the time a land use regulation bylaw is adopted,

(a) land, or a building or other structure, to which that bylaw applies is lawfully used, and

(b) the use does not conform to the bylaw,

the use may be continued as a non-conforming use.

(2) If a non-conforming use authorized under subsection (1) is discontinued for a continuous period of 6 months, any subsequent use of the land, building or other structure becomes subject to the land use regulation bylaw.

(3) The use of land, a building or other structure, for seasonal uses or for agricultural purposes, is not discontinued as a result of normal seasonal or agricultural practices, including

(a) seasonal, market or production cycles,

(b) the control of disease or pests, or

(c) the repair, replacement or installation of equipment to meet standards for the health or safety of people or animals.

(4) A building or other structure that is lawfully under construction at the time of the adoption of a land use regulation bylaw is deemed, for the purpose of this section,

(a) to be a building or other structure existing at that time, and

(b) to be then in use for its intended purpose as determined from the building permit authorizing its construction.

(5) If subsection (1) authorizes a non-conforming use of part of a building or other structure to continue, the whole of that building or other structure may be used for that non-conforming use.

Non-conforming structures: restrictions on maintenance, extension and alteration

529  (1) If the use and density of buildings and other structures conform to a land use regulation bylaw but

(a) the siting, size or dimensions of a building or other structure constructed before the bylaw was adopted does not conform with the bylaw, or

(b) the siting, size, dimensions or number of off-street parking or loading spaces constructed or provided before the bylaw was adopted does not conform with the bylaw,

the building or other structure or spaces may be maintained, extended or altered to the extent authorized by subsection (2).

(2) A building or other structure or spaces to which subsection (1) applies may be maintained, extended or altered only to the extent that

(a) 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, and

(b) in the case of protected heritage property, the repair, extension or alteration is permitted or authorized in accordance with the provisions governing the heritage protection of the property.

Restrictions on increasing non-conforming use of land

530  In relation to land, section 528 [non-conforming uses] does not authorize the non-conforming use of land to be continued on a scale or to an extent or degree greater than that at the time of the adoption of the land use regulation bylaw.

Restrictions on alteration or addition to building or other structure

531  (1) Subject to this section, a structural alteration or addition must not be made in or to a building or other structure while a non-conforming use is continued in all or any part of it.

(2) Subsection (1) does not prohibit a structural alteration or addition that is required by an enactment or is permitted by a board of variance under section 542 (1) [authority for variance or exemption to relieve hardship].

(3) Subsection (1) does not apply to alterations or additions in or to a protected heritage property if the alteration or addition is authorized by a heritage alteration permit under section 617.

Restrictions on repair or reconstruction of non-conforming structures

532  (1) If a building or other structure, the use of which does not conform to the provisions of a land use regulation bylaw, is damaged or destroyed to the extent of 75% or more of its value above its foundations, as determined by the building inspector, the structure must not be repaired or reconstructed except for a conforming use in accordance with the bylaw.

(2) If the use of a building or other structure that is on land identified in a phased development agreement under Division 12 [Phased Development Agreements] complies with a zoning bylaw provision specified under section 516 (2) [zoning rules for land subject to the agreement] for the phased development agreement, subsection (1) of this section does not apply to the building or other structure while the phased development agreement is in effect, unless

(a) the provision has been repealed or amended, and

(b) either

(i) the developer has agreed in writing under section 516 (5) that the changes to the zoning bylaw apply, or

(ii) the changes to the zoning bylaw apply under section 516 (6) without the written agreement of the developer.

(3) Subsection (1) does not apply to repair or reconstruction of a protected heritage property if the repair or reconstruction is authorized by a heritage alteration permit under section 617.

Non-conforming uses in relation to terminated land use contracts

533  (1) In this section:

"contract termination date" means, in relation to a land use contract, the date of termination under section 547 [termination of all remaining land use contracts] or 548 [early termination of land use contract], as applicable;

"end of land use contract authority" means, in relation to a land use contract, the later of the following:

(a) the contract termination date;

(b) if an order under section 543 [board of variance exemption to relieve hardship from early termination] is made in respect of the land, the expiry of the period of time specified in the order.

(2) Subject to this section, if, at the end of land use contract authority,

(a) land, or a building or other structure, is lawfully used, and

(b) the use does not conform to a land use regulation bylaw that

(i) is in force at the end of land use contract authority, and

(ii) would not apply to the land, building or other structure but for the end of the land use contract authority,

the use may be continued as a non-conforming use.

(3) If the non-conforming use authorized under subsection (2) is discontinued for a continuous period of 6 months, any subsequent use of the land, building or other structure becomes subject to the land use regulation bylaw.

(4) The following provisions apply in relation to a use described in subsection (2):

(a) section 528 (3) to (5) [non-conforming uses in relation to new land use regulation rules];

(b) section 529 [non-conforming structures];

(c) section 530 [restrictions on increasing non-conforming use of land];

(d) section 531 [restrictions on alteration or addition];

(e) section 532 [restrictions on repair or reconstruction].

(5) For the purposes of subsection (4), a reference in a provision referred to in that subsection to the adoption of a bylaw is to be read as a reference to the applicable end of contract authority.

Change in ownership, tenants or occupants in relation to use

534  For the purposes of this Division, a change of owners, tenants or occupants of any land, or of a building or other structure, does not, by reason only of the change, affect the use of the land or building or other structure.

Non-conforming use and subdivision in relation to expropriation of land

535  (1) If the use of land or the siting of existing buildings and other structures on the land ceases, as a result of expropriation of land, to conform to a land use regulation bylaw, the remainder of the property is deemed to conform.

(2) Subsection (1) does not apply if compensation was paid to the owner or occupant of the land in an amount that is directly attributable to the loss, if any, suffered by the owner or occupant as a result of the non-conformity.

(3) If, as a result of an expropriation,

(a) a parcel of land could have been subdivided into 2 or more parcels under the applicable zoning bylaw in effect when the land expropriated was vested in the expropriating authority, and

(b) the parcel, as a result of the expropriation, can no longer be subdivided into the same number of parcels,

the parcel is, to the extent authorized under subsection (4), deemed to conform to the applicable zoning bylaw for the purposes of the subdivision as though the expropriation had not occurred.

(4) The deemed conformance under subsection (3) applies only to the extent that none of the parcels that would be created by the subdivision would be less than 90% of the area that would otherwise be permitted by the applicable zoning bylaw.

(5) Subsection (3) does not apply if the owner of the parcel being subdivided has received compensation that is directly attributable to the reduction in the market value of the land that results from the inability to subdivide the parcel in the manner that would have been permitted under the applicable zoning bylaw.

Division 15 — Board of Variance

Requirement for board of variance

536  (1) A local government that has adopted a zoning bylaw must, by bylaw, establish a board of variance.

(2) A person is not eligible to be appointed to a board of variance if the person is

(a) a member of the local government or the advisory planning commission, or

(b) an officer or employee of the local government.

(3) Subject to subsections (4) and (5) and to the rules established under section 538 (2) (b) (i) [rules for joint board of variance], an appointment to a board of variance is for a 3 year period.

(4) If no successor has been appointed at the end of the 3 year period referred to in subsection (3), the appointment continues until the time that a successor is appointed.

(5) A local government may rescind an appointment to a board of variance at any time.

(6) If a member of a board of variance ceases to hold office, the person's successor is to be appointed in the same manner as the member who ceased to hold office, and, until the appointment of the successor, the remaining members constitute the board of variance.

(7) Members of a board of variance must not receive compensation for their services as members, but must be paid reasonable and necessary expenses that arise directly out of the performance of their duties.

(8) A local government must provide in its annual budget for the necessary funds to pay for the costs of the board of variance.

Board of variance for municipality or regional district

537  (1) If the population of a municipality is 25 000 or less, the municipal board of variance is to consist of 3 persons appointed by the council.

(2) If the population of a municipality is more than 25 000, the municipal board of variance is to consist of 5 persons appointed by the council.

(3) A regional district board of variance is to consist of 3 persons appointed by the board.

(4) The board of a regional district may establish one or more boards of variance for the regional district, but, if more than one board of variance is established, the bylaw establishing them must specify the area of the regional district over which each board of variance has jurisdiction and those areas must not overlap.

Joint board of variance

538  (1) Two or more local governments may satisfy the obligation under section 536 (1) [requirement for board of variance] by jointly establishing a board of variance by bylaw adopted by all participating local governments.

(2) A bylaw under subsection (1) must

(a) specify the area of jurisdiction for the board of variance, which may be all or part of the participating local governments, but must not overlap with the area of jurisdiction of any other board of variance, and

(b) establish rules for the following that apply in place of those established by sections 536 [requirement for board of variance] and 539 [chair and procedures]:

(i) appointment and removal of members of the board of variance;

(ii) appointment and removal of a chair of the board of variance.

(3) As exceptions to section 537 [local board of variance], the following apply to a board of variance established under this section:

(a) if a municipality is one of the participating local governments, the board of variance is to consist of

(i) 3 persons, if the population of the area of the jurisdiction of the board of variance is 25 000 or less, and

(ii) 5 persons, if the population of the area of the jurisdiction of the board of variance is more than 25 000;

(b) if a municipality is not one of the participating local governments, the board of variance is to consist of 3 persons.

Chair and procedures for board of variance

539  (1) The members of a board of variance must elect one of their number as chair.

(2) The chair may appoint a member of the board of variance as acting chair to preside in the absence of the chair.

(3) A bylaw establishing a board of variance must set out the procedures to be followed by the board of variance, including the manner in which appeals are to be brought and notices under section 541 [notice of application for variance] or 543 (2) [notice of application in relation to early termination of land use contract] are to be given.

(4) A board of variance must maintain a record of all its decisions and must ensure that the record is available for public inspection during regular office hours.

Application for variance or exemption to relieve hardship

540  A person may apply to a board of variance for an order under section 542 [board powers on application] if the person alleges that compliance with any of the following would cause the person hardship:

(a) a bylaw respecting

(i) the siting, size or dimensions of a building or other structure, or

(ii) the siting of a manufactured home in a manufactured home park;

(b) a subdivision servicing requirement under section 506 (1) (c) [provision of water, sewer and other systems] in an area zoned for agricultural or industrial use;

(c) the prohibition of a structural alteration or addition under section 531 (1) [restrictions on alteration or addition while non-conforming use continued];

(d) a bylaw under section 8 (3) (c) [fundamental powers — trees] of the Community Charter, other than a bylaw that has an effect referred to in section 50 (2) [restrictions on authority — preventing all uses] of that Act if the council has taken action under subsection (3) of that section to compensate or mitigate the hardship that is caused to the person.

Notice of application for variance

541  (1) If a person makes an application under section 540, the board of variance must notify all owners and tenants in occupation of

(a) the land that is the subject of the application, and

(b) the land that is adjacent to land that is the subject of the application.

(2) A notice under subsection (1) must state the subject matter of the application and the time and place where the application will be heard.

(3) The obligation to give notice under subsection (1) is satisfied if the board of variance made a reasonable effort to mail or otherwise deliver the notice.

Board powers on application

542  (1) On an application under section 540, the board of variance may order that a minor variance be permitted from the requirements of the applicable bylaw, or that the applicant be exempted from section 531 (1) [alteration or addition while non-conforming use continued], if the board of variance

(a) has heard the applicant and any person notified under section 541,

(b) finds that undue hardship would be caused to the applicant if the bylaw or section 531 (1) is complied with, and

(c) is of the opinion that the variance or exemption does not do any of the following:

(i) result in inappropriate development of the site;

(ii) adversely affect the natural environment;

(iii) substantially affect the use and enjoyment of adjacent land;

(iv) vary permitted uses and densities under the applicable bylaw;

(v) defeat the intent of the bylaw.

(2) The board of variance must not make an order under subsection (1) that would do any of the following:

(a) be in conflict with a covenant registered under section 219 of the Land Title Act or section 24A of the Land Registry Act, R.S.B.C. 1960, c. 208;

(b) deal with a matter that is covered in a land use permit or covered in a land use contract;

(c) deal with a matter that is covered by a phased development agreement under Division 12 [Phased Development Agreements];

(d) deal with a flood plain specification under section 524 (3);

(e) apply to a property

(i) for which an authorization for alterations is required under Part 15 [Heritage Conservation],

(ii) for which a heritage revitalization agreement under section 610 is in effect, or

(iii) that is scheduled under section 614 (3) (b) [protected heritage property] or contains a feature or characteristic identified under section 614 (3) (c) [heritage value or character].

(3) In relation to an order under subsection (1),

(a) if the order sets a time within which the construction of the building, structure or manufactured home park must be completed and the construction is not completed within that time, or

(b) if that construction is not substantially started within 2 years after the order was made, or within a longer or shorter time period established by the order,

the permission or exemption terminates and the bylaw or section 531 (1), as the case may be, applies.

(4) A decision of the board of variance under subsection (1) is final.

Exemption to relieve hardship from early termination of land use contract

543  (1) The owner of land subject to a land use contract that will be terminated by a bylaw adopted under section 548 [early termination of land use contracts] may apply to a board of variance for an order under subsection (5) of this section if

(a) the owner alleges that the timing of the termination of the land use contract by the bylaw would cause the owner hardship, and

(b) the application is received by the board of variance within 6 months after the adoption of the bylaw.

(2) If an application is made under subsection (1), the board of variance must notify all owners and tenants in occupation of

(a) the land that is the subject of the application, and

(b) the land that is adjacent to land that is the subject of the application.

(3) A notice under subsection (2) must state the subject matter of the application and the time and place where the application will be heard.

(4) The obligation to give notice under subsection (2) must be considered satisfied if the board of variance made a reasonable effort to mail or otherwise deliver the notice.

(5) On an application under subsection (1), the board of variance may order that, despite the termination of the land use contract and despite any zoning bylaw, the provisions of that land use contract continue to apply in relation to the applicant for a specified period of time ending no later than June 30, 2024, if the board of variance

(a) has heard the applicant, and

(b) finds that the timing of the termination of the land use contract by the bylaw would cause undue hardship to the applicant.

(6) An order under subsection (5) does not run with the land.

(7) The board of variance must make a decision on an application under subsection (1) within 6 months after the application is received by the board of variance.

(8) A decision of the board of variance under subsection (5) is final.

Extent of damage to non-conforming use property

544  (1) A person may apply to a board of variance for an order under subsection (2) if the person alleges that the determination by a building inspector of the amount of damage under section 532 (1) [end of non-conforming use protection if building of other structure is seriously damaged] is in error.

(2) On an application under subsection (1), the board of variance may set aside the determination of the building inspector and make the determination under section 532 (1) in its place.

(3) The applicant or the local government may appeal a decision of the board of variance under subsection (2) to the Supreme Court.

Division 16 — Discharge and Termination of Land Use Contracts

Application to land use contracts under previous legislation

545  This Division applies to land use contracts within the meaning of section 702A of the Municipal Act, R.S.B.C. 1960, c. 255, before that section was repealed under section 13 of the Municipal Amendment Act, 1977.

Amendment and discharge of land use contract

546  (1) In this section, "amend" means modify, vary or discharge.

(2) Subject to subsection (4), a land use contract that is registered in a land title office may be amended as follows:

(a) by bylaw, with the agreement of

(i) the local government, and

(ii) the owner of any parcel that is described in the bylaw as being covered by the amendment;

(b) subject to subsection (3), by a development permit or a development variance permit, if the amendment does not affect the permitted use or density of use of any parcel against which the contract is registered;

(c) in the manner specified in the land use contract.

(3) A land use contract must not be discharged in the manner provided for in subsection (2) (b).

(4) Unless exempted by regulation under section 505 (4) [controlled access highways], if a parcel affected by an amendment under this section is subject to section 52 (3) [approval required for development near controlled access highway] of the Transportation Act,

(a) a bylaw under subsection (2) (a) must not be adopted, or

(b) a development permit or development variance permit under subsection (2) (b) must not be issued

until it has been approved by the minister responsible for the administration of the Transportation Act.

(5) If a local government proposes to amend a land use contract under subsection (2) (a) respecting any matter in it relating to density or use of an area covered by the contract, Division 3 [Public Hearings on Planning and Land Use Bylaws] applies.

(6) If a land use contract is amended by bylaw, a development permit or a development variance permit, the local government must register the amendment in the land title office in accordance with the Land Title Act.

(7) On registration under subsection (6), the registrar of land titles may require

(a) that a certified copy of the bylaw under this section be registered together with the amendment to the land use contract, and

(b) that a certified copy of the development variance permit or development permit be registered together with the land use contract as amended by it.

(8) The registrar of land titles is not required to inquire whether the land use contract amendment has been made in accordance with this Part or whether it is a valid amendment before permitting registration of an amendment under subsection (6).

Termination of all land use contracts in 2024

547  (1) All land use contracts are terminated on June 30, 2024.

(2) A local government that has jurisdiction over land subject to a land use contract must, by June 30, 2022, adopt a zoning bylaw that will apply to the land on June 30, 2024.

Process for early termination of land use contract

548  (1) In this section:

"charge number" means, in relation to a land use contract that is registered as a charge against a title to land, the serial number assigned to the land use contract by the registrar of land titles;

"parcel identifier" means a permanent parcel identifier assigned under section 58 of the Land Title Act.

(2) Despite section 547, a local government may, by bylaw, terminate a land use contract that applies to land within the jurisdiction of the local government.

(3) A bylaw under subsection (2)

(a) must not be adopted after June 30, 2022,

(b) must provide that the bylaw comes into force on a date that is

(i) at least one year after the date the bylaw is adopted, and

(ii) not later than June 30, 2024, and

(c) must not be adopted unless the local government has adopted a zoning bylaw that will apply to the land on the date the bylaw under subsection (2) comes into force.

(4) Section 546 [amendment and discharge of land use contracts] does not apply in relation to a bylaw adopted under subsection (2).

(5) Despite section 135 (3) [at least one day between third reading and adoption] of the Community Charter, a council may adopt a bylaw under subsection (2) at the same meeting at which the bylaw passed third reading.

(6) Within 30 days after adopting a bylaw under subsection (2), a local government must give written notice of the bylaw to the proper land title office for each parcel of land subject to a land use contract that the bylaw will terminate.

(7) A notice under subsection (6) must

(a) be in a form satisfactory to the registrar of land titles,

(b) include a certified copy of the bylaw, and

(c) identify the following:

(i) by charge number, each land use contract that the bylaw will terminate;

(ii) by legal description and parcel identifier, each parcel of land subject to a land use contract that the bylaw will terminate.

Notice of termination

549  (1) A local government must give written notice of the termination of a land use contract to the owners of land that is within the jurisdiction of the local government and subject to the land use contract.

(2) A notice under subsection (1) must

(a) be mailed or otherwise delivered as follows:

(i) if the local government adopts a bylaw under section 548 that will terminate the land use contract, by the date that is 10 days after the adoption of the bylaw to the owners as shown on the assessment roll as at the date of the first reading of the bylaw;

(ii) if subparagraph (i) does not apply, by June 30, 2022 to the owners as shown on the assessment roll as at a date no more than one month before the notice is mailed or delivered,

(b) identify the place where and the times and dates when zoning bylaws are available for public inspection, and

(c) if the local government adopts a bylaw under section 548 that will terminate the land use contract, inform the owners that they may apply to a board of variance for an exemption under section 543 [variance or exemption to relieve hardship].

(3) The obligation to deliver a notice under subsection (2) (a) is satisfied if a reasonable effort was made to mail or otherwise deliver the notice.

Discharge of terminated land use contract

550  (1) This section applies despite any enactment or law to the contrary.

(2) If a land use contract is registered as a charge against a title to land and the land use contract is terminated under section 547 [2024 termination] or 548 [early termination], the charge is deemed to be discharged as of the date of the termination of that land use contract.

(3) The following are conclusive proof that a land use contract is terminated:

(a) before June 30, 2024,

(i) this Act, and

(ii) a certified copy of the bylaw under section 548 that terminates the land use contract;

(b) on or after June 30, 2024, this Act.

(4) The registrar of land titles is not required to inquire whether a bylaw under section 548 has been made in accordance with this Part before cancelling registration of a charge that is discharged by operation of that bylaw and subsection (2) of this section.

Division 17 — Regulation of Farm Businesses in Farming Areas

Agriculture minister may set standards for farm bylaws

551  (1) In this Division, "agriculture minister" means the minister responsible for the administration of the Farm Practices Protection (Right to Farm) Act.

(2) The agriculture minister may establish, publish and distribute standards in relation to farming areas for the guidance of local governments in the preparation of zoning bylaws and bylaws under this Division.

(3) Standards under subsection (2) may differ for different parts of British Columbia.

Farming area bylaws

552  (1) This section does not apply unless a regulation under section 553 declares that it applies.

(2) A local government may make bylaws in relation to farming areas as follows:

(a) respecting the conduct of farm operations as part of a farm business;

(b) respecting types of buildings, structures, facilities, machinery and equipment that are prerequisite to conducting farm operations specified by the local government and that must be utilized by farmers conducting the specified farm operations;

(c) respecting the siting of stored materials, waste facilities and stationary equipment;

(d) prohibiting specified farm operations.

(3) A bylaw under subsection (2) may be different for one or more of the following:

(a) different sizes or types of farms;

(b) different types of farm operations;

(c) different site conditions;

(d) different uses of adjoining land;

(e) different areas.

(4) Unless exempted under subsection (5), a bylaw under subsection (2) may be adopted only with the approval of the agriculture minister.

(5) The agriculture minister may make regulations

(a) defining areas for which and describing circumstances in which approval under subsection (4) is not required, and

(b) providing that an exception under paragraph (a) is subject to the terms and conditions specified by that minister.

(6) Regulations under subsection (5) may be different for different regional districts, different municipalities, different areas and different circumstances.

(7) A local government may not exercise a power under this or any other Part of this Act or the Community Charter to do anything that the local government is specifically authorized to do under this section.

Authority and restrictions apply as declared by regulation

553  The Lieutenant Governor in Council may, by regulation, declare that, generally or for some or all of the geographic area specified in the regulation, on and after the date specified in the regulation, section 481 (2) [restrictions on zoning authority in relation to farming] or 552 [farming area bylaws] applies to

(a) the board of a regional district specified in the regulation,

(b) the council of a municipality specified in the regulation, or

(c) the local trust committee under the Islands Trust Act of a local trust area specified in the regulation.

Three year review of zoning bylaws affecting farming areas

554  (1) In this section, "agriculture regulation" means a regulation under section 553 respecting the application of section 481 (2) [zoning requires agriculture minister's approval] to a board, council or local trust committee.

(2) A board, council or local trust committee to which an agriculture regulation applies must review all its zoning bylaws in order to identify to what extent, if any, the provisions of those bylaws, relating to any farming areas within the geographic area to which the regulation applies, are inconsistent with the standards established under section 551 [provincial standards for farming bylaws] by the agriculture minister.

(3) During the first 3 years after an agriculture regulation applies to a board, council or local trust committee, or during any extension to that 3 year period that the agriculture minister may grant, the board, council or local trust committee may, by bylaw, amend its zoning bylaws, in order to achieve consistency between the bylaws as they relate to any farming areas within the geographic area to which the regulation applies and the standards established under section 551 by the agriculture minister.

(4) As an exception to the usual requirements regarding zoning bylaws, a bylaw that makes an amendment authorized under subsection (3) may be adopted without public hearing.

Intensive agriculture

555  (1) In this section, "intensive agriculture" means the use of land, buildings and other structures by a commercial enterprise or an institution for

(a) the confinement of poultry, livestock or fur bearing animals, or

(b) the growing of mushrooms.

(2) Despite a zoning bylaw, if land is located in an agricultural land reserve under the Agricultural Land Commission Act and that land is not subject to section 23 (1) [exception for small farms established before 1973] of that Act, intensive agriculture is permitted as a use.

(3) Subsections (1) and (2) cease to have effect in an area after a zoning bylaw for that area is approved under section 481 (2) [zoning requires agriculture minister's approval].

Division 18 — Contaminated Sites

Local government assessment of site profiles

556  A municipality or regional district must

(a) assess site profiles referred to in section 40 (1) [site profiles] of the Environmental Management Act, and

(b) in accordance with section 40 (4) [site profiles] of the Environmental Management Act, provide site profiles to a manager.

Environmental Management Act requirements

557  (1) This section applies to an application for one or more of the following:

(a) zoning;

(b) a development permit;

(c) a development variance permit;

(d) a demolition permit respecting structures that have been used for commercial or industrial purposes;

(e) removal of soil.

(2) A municipality or regional district must not approve an application referred to in subsection (1) with respect to a site where a site profile is required under section 40 [site profiles] of the Environmental Management Act unless at least one of the following is satisfied:

(a) the municipality or regional district

(i) has received a site profile required under section 40 of the Environmental Management Act with respect to the site, and

(ii) is not required to forward a copy of the site profile to a director under section 40 (4) (b) of that Act;

(b) the municipality or regional district

(i) has received a site profile under section 40 of the Environmental Management Act with respect to the site,

(ii) has forwarded a copy of the site profile to the director under section 40 (4) (b) of that Act, and

(iii) has received notice from a director that a site investigation under section 41 [site investigations] of that Act will not be required by the director;

(c) the municipality or regional district has received a final determination under section 44 [determination of contaminated sites] of the Environmental Management Act that the site is not a contaminated site;

(d) the municipality or regional district has received notice from a director under the Environmental Management Act that the municipality or regional district may approve an application under this section because, in the opinion of the director, the site would not present a significant threat or risk if the application were approved;

(e) the municipality or regional district has received notice from a director under the Environmental Management Act that the director has received and accepted a notice of independent remediation with respect to the site;

(f) the municipality or regional district has received notice from a director under the Environmental Management Act that the director has entered into a voluntary remediation agreement with respect to the site;

(g) the municipality or regional district has received a valid and subsisting approval in principle or certificate of compliance under section 53 [approvals in principle and certificates of compliance] of the Environmental Management Act with respect to the site.

Division 19 — Development Costs Recovery

Definitions in relation to this Division

558  In this Division:

"capital costs" includes

(a) planning, engineering and legal costs directly related to the work for which a capital cost may be incurred under this Division, and

(b) interest costs directly related to the work that are approved by the inspector to be included as capital costs;

"development" means those items referred to in section 559 (1) (a) and (b) for which a development cost charge may be imposed;

"local government" includes a greater board other than the Board of the Greater Vancouver Sewerage and Drainage District.

Development cost charges: imposition and collection

559  (1) A local government may, by bylaw, for the purpose described in subsection (2) or (3), impose development cost charges on every person who obtains

(a) approval of a subdivision, or

(b) a building permit authorizing the construction, alteration or extension of a building or structure.

(2) Development cost charges may be imposed under subsection (1) for the purpose of providing funds to assist the local government to pay the capital costs of

(a) providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off-street parking facilities, and

(b) providing and improving park land

to service, directly or indirectly, the development for which the charge is being imposed.

(3) Development cost charges may be imposed under subsection (1) in a resort region for the purpose of providing funds to assist the local government to pay the capital costs of providing, constructing, altering or expanding employee housing to service, directly or indirectly, the operation of resort activities in the resort region in which the charge is being imposed.

(4) Subject to subsection (5), a development cost charge that is payable under a bylaw under this section must be paid at the time of the approval of the subdivision or the issue of the building permit.

(5) The minister may, by regulation in respect of all or different classes of developments, authorize the payment of development cost charges in instalments and prescribe conditions under which the instalments may be paid.

(6) If a board or greater board has the responsibility of providing a service or park land referred to in subsection (2) in a participating municipality, the board or greater board may, by bylaw under subsection (1), impose a development cost charge that is applicable within that municipality.

(7) The municipality must collect and remit a development cost charge imposed under subsection (6) to the regional district or greater board in the manner provided for in the applicable development cost charge bylaw.

Inspector approval required for development cost charge bylaw

560  (1) A bylaw that imposes a development cost charge must not be adopted until it has been approved by the inspector.

(2) The inspector may refuse to grant approval under subsection (1) if the inspector determines that

(a) the development cost charge is not related to capital costs attributable to projects included in the financial plan for the municipality or the regional district, as the case may be,

(b) in relation to a development cost charge imposed for the purpose referred to in section 559 (3) [resort region employee housing], the charge does not relate to resort activities in the resort region, or

(c) the local government has not properly considered the matters referred to in section 564 (4) [considerations in setting amounts of charges].

(3) The inspector may revoke an approval under subsection (1) in respect of all or part of a bylaw that imposes a development cost charge.

(4) If the inspector revokes an approval, the part of the bylaw in respect of which the revocation applies has no effect until the local government amends the bylaw and obtains the inspector's approval of the amendment.

Circumstances in which development cost charges are not payable

561  (1) A development cost charge is not payable in relation to a development authorized by a building permit that authorizes the construction, alteration or extension of a building or part of a building that is, or will be, after the construction, alteration or extension, exempt from taxation under either of the following provisions of the Community Charter:

(a) section 220 (1) (h) [statutory exemption for places of public worship];

(b) section 224 (2) (f) [permissive exemptions in relation to places of public worship].

(2) A development cost charge is not payable if a development cost charge has previously been paid for the same development unless, as a result of further development, new capital cost burdens will be imposed on the municipality, regional district or greater board.

(3) Subject to subsection (4), a development cost charge is not payable if the development does not impose new capital cost burdens on the municipality, regional district or greater board.

(4) Subsection (3) does not apply to a development cost charge imposed for the purpose referred to in section 559 (3) [resort region employee housing].

(5) Subject to a bylaw under subsection (6), a development cost charge is not payable in relation to a development authorized by a building permit that authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,

(a) contain fewer than 4 self-contained dwelling units, and

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

(6) A local government may, in a development cost charge bylaw, provide that a development costs charge is payable under the bylaw in relation to a building permit referred to in subsection (5).

(7) Subject to a bylaw under subsection (8) or a regulation under subsection (11) (a), a development cost charge is not payable in relation to the construction, alteration or extension of self-contained dwelling units in a building authorized under a building permit if

(a) 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.

(8) A local government may, in a development cost charge bylaw, establish an area for the purposes of subsection (7) (a) that is greater than the area otherwise applicable, subject to the maximum area permitted by regulation under subsection (11) (b).

(9) A development cost charge is not payable in relation to a development authorized by a building permit if the value of the work authorized by the permit does not exceed, as applicable,

(a) $50 000, if no bylaw under subsection (10) or regulation under subsection (11) (c) applies,

(b) the amount prescribed by regulation under subsection (11) (c), if no bylaw under subsection (10) applies, or

(c) the amount established by bylaw under subsection (10).

(10) A local government may, in a development cost charge bylaw, establish an amount for the purposes of subsection (9) (c) that is greater than the amount otherwise applicable under that subsection, subject to the maximum value permitted by regulation under subsection (11) (d).

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

(a) prescribe an area for the purpose of subsection (7) (a);

(b) prescribe a maximum area that may be established under subsection (8);

(c) prescribe an amount for the purposes of subsection (9) (b);

(d) prescribe a maximum value that may be established under subsection (10).

General prohibition against waiving or reducing charges

562  (1) Except as authorized under section 563 [development for which charges may be waived or reduced], a local government must not provide assistance by waiving or reducing a development cost charge.

(2) This section operates as a restriction on

(a) sections 263 (1) (c) [regional district corporate powers — providing assistance] and 274 [assistance under partnering agreements] of this Act, and

(b) sections 8 (1) [natural person powers] and 21 [partnering agreements] of the Community Charter.

Development for which charges may be waived or reduced

563  (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 development cost charge 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 authority under subsection (2) is an exception to

(a) section 273 [prohibition against assistance to business] of this Act, and

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

(5) 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.

(6) The minister may make regulations in relation to subsection (3)

(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).

Amount of development cost charges to be specified in bylaw

564  (1) A development charge bylaw must specify the amount of the charge or charges imposed in a schedule or schedules of development cost charges.

(2) Development cost charges may vary as provided in subsection (3), but must be similar for all developments that impose similar capital cost burdens on the local government.

(3) Development cost charges may vary with respect to one or more of the following:

(a) different zones or different defined or specified areas;

(b) different uses;

(c) different capital costs as they relate to different classes of development;

(d) different sizes or different numbers of lots or units in a development.

(4) In setting development cost charges, 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 559 (2) and (3) [purposes of imposing development cost charge];

(e) whether the charges are excessive in relation to the capital cost of prevailing standards of service in the municipality or regional district;

(f) whether the charges will, in the municipality or regional district,

(i) deter development,

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

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

(5) A local government must make available to the public, on request, the considerations, information and calculations used to determine the schedule or schedules referred to in subsection (1), but any information respecting the contemplated acquisition costs of specific properties need not be provided.

Deductions from development cost charges

565  (1) Despite a development cost charge bylaw, if

(a) a local government has imposed a fee or charge or made a requirement under

(i) section 397 [regional district fees and charges],

(ii) section 194 [municipal fees] of the Community Charter,

(iii) Division 11 [Subdivision and Development: Requirements and Related Matters] of this Part, or

(iv) section 729 [regulations and procedures for subdivision] of the Municipal Act, R.S.B.C. 1979, c. 290, before the repeal of that section became effective,

for park land or for specific services outside the boundaries of land being subdivided or developed, and

(b) the park land or services referred to in paragraph (a) are included in the calculations used to determine the amount of a development cost charge,

the amount of the fee or charge imposed or the value of the requirement made, as referred to in paragraph (a), must be deducted from those classes of development cost charges that are applicable to the park land or the types of services for which the fee or charge was imposed or the requirement was made.

(2) Despite a development cost charge bylaw, if

(a) an owner has, with the approval of the local government, provided or paid the cost of providing a specific service, outside the boundaries of land being subdivided or developed, and

(b) that cost is included in the calculations used to determine the amount of a development cost charge,

the cost of the service must be deducted from the class of development cost charge that is applicable to the service.

(3) Despite a development cost charge bylaw, if a work required to be provided under a development works agreement under section 570 (2) [municipal agreements with private developers] is included in the calculations used to determine the amount of a development cost charge, the applicable amount calculated under subsection (4) or (5) is to be deducted from the development cost charge that would otherwise be payable for that class of work.

(4) For a development cost charge payable by a developer for a work provided by the developer under the agreement, the amount deducted under subsection (3) is to be calculated as

(a) the cost of the work

less

(b) the amount to be paid by the municipality to the developer under section 570 (3) (b), other than an amount that is an interest portion under section 570 (6) (c).

(5) For a development cost charge payable by a person other than the developer referred to in subsection (4), the amount deducted under subsection (3) is to be calculated as

(a) the amount charged under section 570 (2) (b) to the owner of the property

less

(b) any interest portion of that charge under section 570 (6) (c).

Use of development cost charges

566  (1) A development cost charge paid to a local government must be deposited by the local government in a separate special development cost charge reserve fund established for each purpose for which the local government imposes the development cost charge.

(2) Money in development cost charge reserve funds, together with interest on it, may be used only for the following:

(a) to pay the capital costs of providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off-street parking, that relate directly or indirectly to the development in respect of which the charge was collected;

(b) to pay the capital costs of

(i) acquiring park land or reclaiming land as park land, or

(ii) providing fencing, landscaping, drainage and irrigation, trails, restrooms, changing rooms and playground and playing field equipment on park land,

subject to the restriction that the capital costs must relate directly or indirectly to the development in respect of which the charge was collected;

(c) to pay the capital costs of providing, constructing, altering or expanding employee housing that relates to servicing, directly or indirectly, the operation of resort activities in the resort region in respect of which the charge was collected;

(d) to pay principal and interest on a debt incurred by a local government as a result of an expenditure under paragraph (a), (b) or (c);

(e) to pay a person subject to a development cost charge for some or all of the capital costs the person incurred in completing a project described in paragraph (a), (b) or (c) if

(i) the project was completed under an agreement between the person and the local government, and

(ii) the project is included in the calculations used to determine the amount of that development cost charge.

(3) Authority to make payments under subsection (2) must be authorized by bylaw.

(4) The inspector may require a municipality, regional district or greater board to provide the inspector with a report on the status of development cost charge collections, expenditures and proposed expenditures for a time period the inspector specifies.

(5) After reviewing a report under subsection (4), the inspector may order the transfer of funds from a development cost charge reserve fund under this section to a reserve fund established for a capital purpose.

Provision of park land in place of all or part of charge

567  (1) If a development cost charge bylaw provides for a charge to acquire or reclaim park land, all or part of the charge may be paid by providing land in accordance with subsection (2).

(2) Land to be provided for the purposes of subsection (1) must

(a) have a location and character acceptable to the local government, and

(b) on the day the charge is payable, have a market value that is at least equal to the amount of the charge.

(3) If the owner and the local government are not able to agree on the market value for the purposes of subsection (2) (b), the market value must be determined in accordance with the regulations under section 510 (7) [provision of park land in relation to subdivision].

(4) If partial payment of a development cost charge for park land in the form of land is made, the remainder must be paid in accordance with a development cost charge bylaw.

(5) If land is to be provided under subsection (1), either

(a) a registrable transfer of the land must be provided to the local government, or

(b) a plan of subdivision on which the land is shown as park must be deposited in the land title office, in which case section 510 (12) and (13) [provision of park land in relation to subdivision] applies.

(6) Despite section 566 (2) [use of money in development cost charge reserve fund], interest earned on money in the park land development cost charge reserve fund may be used by the local government to provide for fencing, landscaping, drainage and irrigation, trails, restrooms and changing rooms, playground and playing field equipment on park land owned by the local government or owned by the Crown and managed by the local government.

Effect of bylaws adopted after application for rezoning, development permit or building permit submitted

568  (1) In this section:

"in-stream" means not determined, rejected or withdrawn;

"precursor application" means, in relation to a building permit,

(a) the application for the issuance of the building permit, if the application has been submitted to a designated local government officer in a form satisfactory to the designated local government officer and the applicable fee has been paid,

(b) an application for the issuance of a development permit, if

(i) the application has been submitted to a designated local government officer in a form satisfactory to the designated local government officer and the applicable fee has been paid, and

(ii) the development authorized by the building permit is entirely within the area of land that is the subject of the application, or

(c) an application for an amendment to a zoning bylaw, if

(i) the application has been submitted in accordance with the applicable procedures under section 460 [development approval procedures] and the applicable fee has been paid, and

(ii) the development authorized by the building permit is entirely within the area of land to which the application relates.

(2) Subject to subsection (3), a development cost charge 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) the building permit authorizing that construction, alteration or extension is issued within 12 months after the date the bylaw is adopted, and

(b) 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 development cost charge bylaw should have effect.

Annual development cost charges report

569  (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 section 559 (2) and (3) [purposes of imposing development cost charge] 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 563 (2) [development for which charges may be waived or reduced].

(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.

Municipal development works agreements with private developers

570  (1) In this section:

"development works agreement" means an agreement under subsection (2);

"works" means

(a) providing, constructing, altering or expanding sewage, water, drainage and highway facilities, other than off-street parking facilities, and

(b) improving park land.

(2) Subject to this section, a council may, by bylaw, do the following:

(a) enter into an agreement with a developer for the provision of works by the municipality or by the developer;

(b) provide a formula for imposing all or part of the cost of the works on the owners of real property in the area subject to the agreement;

(c) specify when the costs imposed under the formula become a debt payable by the owners to the municipality;

(d) provide that, until the debt is paid, the council, an approving officer, a building inspector or other municipal authority is not obliged to

(i) approve a subdivision plan, strata plan, building permit, development permit, development variance permit or zoning bylaw necessary for the development of real property of a debtor in the area subject to the agreement, or

(ii) do any other thing necessary for the development of real property of a debtor in the area subject to the agreement;

(e) provide for borrowing the amount required for the municipality to provide a work under the agreement.

(3) Without limiting the matters that may be dealt with in a development works agreement, the agreement

(a) must specify

(i) the area that is the subject of the agreement,

(ii) the works that are to be provided under the agreement,

(iii) for each work, which party is to provide it, and

(iv) for each work, when it is to be provided,

(b) if the developer is to provide works under the agreement, must provide for the payment to the developer of charges collected under this section by the municipality from owners within the area subject to the agreement, and

(c) may require the developer to provide security acceptable to the council to ensure compliance with the agreement.

(4) A bylaw under subsection (2) must not be adopted unless at least one of the following requirements has been met:

(a) the bylaw has received the assent of the electors in the area that is subject to the development works agreement;

(b) no sufficient petition against the development works agreement has been presented to council after it has given notice of intention to adopt the bylaw;

(c) a sufficient petition for the development works agreement has been presented to the council.

(5) Sections 212 to 214 [initiation of local area services] of the Community Charter apply for the purposes of subsection (4) (b) and (c), except that information required in the notice of intention or on each page of the petition for the agreement is the following:

(a) an identification of the proposed development works agreement, including the information referred to in subsection (3) (a);

(b) a statement of the proposed formula as referred to in subsection (2) (b);

(c) an identification of when the costs imposed under the formula are proposed to become a debt payable to the municipality as referred to in subsection (2) (c);

(d) an identification of any proposed authority referred to in subsection (2) (d);

(e) a statement of any proposed borrowing referred to in subsection (2) (e).

(6) A formula under subsection (2) (b)

(a) may be based on the actual cost or on the estimate of the cost as established by the development works agreement,

(b) must provide for the distribution of all or part of the cost among the owners of real property in the area subject to the agreement, and

(c) may provide for increasing the charge payable by owners by an annual interest rate specified in the bylaw.

(7) The time limit specified under subsection (2) (c) must not be later than the time at which a building permit is issued for the property.

(8) At the time specified under subsection (2) (c), the charge imposed under the formula on an owner constitutes a debt of the owner to the municipality.

(9) The failure of the municipality to collect the debt at the time of an approval or the doing of any other thing referred to in subsection (2) (d) does not affect the collectibility of the debt.

(10) A bylaw that provides for borrowing under subsection (2) (e) is deemed to be a loan authorization bylaw, except that approval of the electors as referred to in section 180 [elector approval required for some loan authorization bylaws] of the Community Charter is not required.

Division 20 — School Site Acquisition Charges

Definitions in relation to this Division

571  In this Division:

"approved capital plan" means the current capital plan of a board of education as approved under section 142 of the School Act;

"chargeable development" means

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

(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, or

(c) an eligible development, as defined in section 563 (1) [development for which charges may be waived or reduced], in a school district;

"chargeable development unit" means a self-contained dwelling unit

(a) authorized by a zoning bylaw or any other enactment, for a parcel created by a subdivision of land in a school district, or

(b) created by 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;

"eligible school district" means a school district for which the board of education has indicated an eligible school site requirement in its approved capital plan;

"eligible school site requirement" means a requirement for a school site that is set out in

(a) the final resolution of a board of education under section 574 (5) (a) [determination of eligible school site requirements], and

(b) the approved capital plan of the board of education;

"school site acquisition charge" means the charge set under section 575.

School site acquisition charge payable

572  (1) Subject to section 573 [circumstances where charge not payable or is waived or reduced], every person who obtains subdivision approval or a building permit in respect of a chargeable development in an eligible school district must pay to the local government, for each chargeable development unit that is authorized or will be created, the school site acquisition charge applicable to that category of chargeable development.

(2) A school site acquisition charge is imposed under subsection (1) for the purpose of providing funds to assist boards of education to pay the capital costs of meeting eligible school site requirements.

(3) A school site acquisition charge payable under this section must be paid at the applicable time as follows:

(a) if a development cost charge is payable under Division 19 in respect of the chargeable development, at the same time as the development cost charge is paid;

(b) if no development cost charge is payable under Division 19, at the time of approval of the subdivision if subdivision is required in respect of the chargeable development;

(c) if neither paragraph (a) nor (b) applies, at the time that a building permit is issued in respect of the chargeable development.

(4) As an exception to subsection (3), the minister may, in respect of all or different categories of chargeable development, by regulation,

(a) authorize the payment of school site acquisition charges in instalments, and

(b) prescribe conditions under which the instalments may be paid.

Circumstances in which charge is not payable or is waived or reduced

573  (1) A school site acquisition charge is not payable under section 572 if any of the following applies:

(a) the chargeable development is within a category that is exempt from school site acquisition charges under the regulations;

(b) a school site acquisition charge has previously been paid for the same chargeable development unless, as a result of a further subdivision or issuance of a building permit, more chargeable development units are authorized or will be created on the parcel;

(c) subject to a bylaw under subsection (2), the permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension,

(i) contain fewer than 4 self-contained dwelling units, and

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

(2) A local government may, by bylaw, provide that a school site acquisition charge is payable in relation to a building permit referred to in subsection (1) (c).

(3) A school site acquisition charge is not payable under section 572 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 561 (8) [development cost charges not payable] or a regulation under subsection (11) (a) 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.

(4) If a development cost charge is waived or reduced under section 563 (2), a school site acquisition charge under section 572 must be waived or reduced to the same extent.

Determination of eligible school site requirements

574  (1) In this section, "local government" includes a local trust committee established under the Islands Trust Act.

(2) Before submitting a capital plan for approval under section 142 of the School Act, a board of education must consult with each local government in the school district, and the board of education and local government must make all reasonable efforts to reach agreement on the following:

(a) a projection of the number of chargeable development units to be authorized or created in the school district in the time frame specified by the minister under section 142 of the School Act for school site acquisition planning;

(b) a projection of the number of children of school age, as defined in the School Act, that will be added to the school district as the result of the chargeable development units projected under paragraph (a);

(c) the approximate size and the number of school sites required to accommodate the number of children projected under paragraph (b);

(d) the approximate location and value of school sites referred to in paragraph (c).

(3) Following the consultation under subsection (2) with each local government in the school district, the board of education must make a written proposal that sets out its projections on each matter referred to in subsection (2) (a) to (d) for the school district.

(4) The board of education must

(a) consider the proposal referred to in subsection (3) at a public meeting of the board of education, and

(b) provide written notice of the date, time and place of the meeting to each local government in the school district.

(5) After considering the proposal referred to in subsection (3) at one or more meetings under subsection (4), the board of education must

(a) pass a resolution setting out its decisions respecting the matters referred to in subsection (3), and

(b) forward a copy of the resolution to each local government in the school district and request that the local government consider the proposed eligible school site requirements.

(6) A local government that has received a request under subsection (5) (b) must consider the resolution of the board of education at a regular council meeting and, within 60 days of receiving the request,

(a) pass a resolution accepting the resolution of the board of education respecting proposed eligible school site requirements for the school district, or

(b) respond in writing to the board of education indicating that it does not accept the school site requirements for the school district proposed by the board of education and indicating

(i) each proposed eligible school site requirement to which it objects, and

(ii) the reasons for the objection.

(7) If a local government fails to respond within the time required by subsection (6), it is deemed to have agreed to the proposed eligible school site requirements for the school district set out in the resolution of the board of education.

(8) If the local government provides notice under subsection (6) that it does not accept the proposed eligible school site requirements for the school district, the minister responsible for the administration of the School Act must appoint a facilitator, whose responsibilities are to

(a) advise all local governments in the school district of his or her appointment, and

(b) assist the board of education and the local governments to reach an agreement on proposed eligible school site requirements.

(9) If the board of education and the local governments reach an agreement under subsection (8), the board of education must

(a) amend the resolution under subsection (5) or pass a new resolution under that subsection to reflect the agreement, and

(b) forward a copy of the new or amended resolution to each local government in the school district.

(10) If no agreement is reached under subsection (8), the facilitator must

(a) make a report to the minister and the minister responsible for the administration of the School Act setting out the disagreement between the parties and must make recommendations as to the resolution of the disagreement, and

(b) provide a copy of the report to the board of education and each local government in the school district.

(11) The board of education must attach a copy of the facilitator's report to its capital plan submitted under section 142 of the School Act.

Setting school site acquisition charges

575  (1) Subject to the regulations, within 60 days of receiving approval of its capital plan under section 142 of the School Act, the board of education of an eligible school district must, by bylaw, set the school site acquisition charges applicable to the prescribed categories of chargeable development for the school district in accordance with the following formula:

charge = [(land value × percentage) ÷ chargeable units] × prescribed factor
where
charge=the school site acquisition charge applicable to each prescribed category of chargeable development;
land value=the value of land required to meet the eligible school site requirements of the board of education;
percentage=35%, or, if another percentage is set by regulation, that other percentage;
chargeable units=the number of chargeable development units set out in the final resolution of the board of education under section 574;
prescribed factor=a factor set by regulation for the prescribed categories of chargeable development.

(2) The amount of a school site acquisition charge set under subsection (1) may not exceed the maximum charge prescribed by regulation for each prescribed category of chargeable development.

(3) Subject to section 576, a school site acquisition charge comes into effect 60 days after the day on which the bylaw setting the charge is adopted by the board of education.

Application of charge or increase to in-process development

576  (1) In this section, "in-process development" means a chargeable development for which

(a) an application for a subdivision of land or for the issuance of a building permit has been submitted to an approving officer or a local government, as the case may be, and

(b) the applicable fee has been paid.

(2) If a school site acquisition charge that would otherwise be applicable to an in-process development comes into effect after the chargeable development became an in-process development, the charge does not apply to that chargeable development until 12 months after the applicable school site acquisition charge bylaw came into effect.

(3) If an increase to a school site acquisition charge that would otherwise be applicable to an in-process development comes into effect after the chargeable development became an in-process development, the increase does not apply to the chargeable development until 12 months after the applicable school site acquisition charge bylaw came into effect.

Provision of land in place of all or part of charge

577  A person who is required to pay a school site acquisition charge under section 572 may, in place of the charge, or in partial payment of the charge, provide land to the local government or to the board of education, but only if all of the following agree to the provision of that land:

(a) the local government;

(b) the board of education having responsibility for the school district in which the land is located;

(c) the person otherwise required to pay the school site acquisition charge.

No subdivision approval or building permit unless charge paid

578  (1) This section applies if a school site acquisition charge is payable under section 572 in respect of a subdivision approval or the issuance of a building permit.

(2) Final subdivision approval must not be given and a building permit must not be issued unless one or more of the following has occurred:

(a) the applicable school site acquisition charge has been paid to the local government;

(b) if land is to be provided under section 577 in the place of a school site acquisition charge,

(i) a registrable transfer of land has been provided to the local government or the board of education, as the case may be, or

(ii) in the case of an application for approval of a subdivision, the approving officer has endorsed on the subdivision plan a statement that final approval to the subdivision is given on the condition that the registrable transfer of land will accompany the application to deposit the subdivision plan in the land title office;

(c) the person otherwise required to pay the charge has provided to the local government, in a form satisfactory to the local government, security for payment of the school site acquisition charge or security for the provision of the land referred to in paragraph (b).

Credit for previous contributions

579  (1) If a person who is required to pay a school site acquisition charge under section 572 has already

(a) provided land for a school site in the school district, or

(b) paid all or part of the cost of a school site in the school district,

the local government may, with the agreement of the board of education, deduct the value of that land or the amount paid, or a portion of either, from the school site acquisition charge that is payable in respect of a chargeable development.

(2) A deduction may not be made under subsection (1)

(a) for land or money provided to the local government under an agreement entered into under section 942 of the Local Government Act, R.S.B.C. 1996, as it read before January 28, 2000, being the date on which this section came into force, or

(b) for land or money provided to the local government or the board of education under a bylaw made under section 575 [setting school site acquisition charges].

Transfer of money and land to board of education

580  (1) The local government to which a school site acquisition charge has been paid must, promptly after receiving payment, provide the money to the board of education of the school district in which the chargeable development is located.

(2) If land is provided to a local government under section 577 [provision of land in place of charge], the local government to which the land is provided must, promptly after receiving title to the land, transfer title to the land to the board of education having responsibility for the school district in which the chargeable development is located.

(3) Despite subsection (1) or (2), a local government may charge a board of education administration fees and disbursements authorized by regulation.

Regulations for this Division

581  The Lieutenant Governor in Council may make regulations as follows:

(a) prescribing categories of chargeable development for the purposes of this Division;

(b) prescribing categories of chargeable development that are exempt from school site acquisition charges under section 572 [school site acquisition charge payable];

(c) requiring a local government or board of education to supply information for the purpose of section 574 [determination of eligible school site requirements];

(d) for purposes of the formula set out in section 575 (1) [setting school site acquisition charges],

(i) prescribing a percentage for the "percentage" variable, and

(ii) prescribing factors in relation to each prescribed category of chargeable development for the "prescribed factor" variable;

(e) establishing maximum school site acquisition charges payable with respect to the different categories of chargeable development;

(f) respecting the setting of school site acquisition charges under section 575 and, without limitation, enabling or requiring a school district to calculate different school site acquisition charges for one or more local governments in the school district;

(g) governing the procedure a local government or a board of education must follow for the purpose of the calculation referred to in paragraph (f);

(h) respecting administration fees and disbursements that may be charged under section 580 (3) [transfer of money and land to board of education].

Division 21 — Provincial Authority

Provincial policy guidelines

582  (1) The minister may establish policy guidelines regarding the process of developing and adopting official community plans by a municipality or a regional district.

(2) The minister may establish policy guidelines regarding the process of developing and adopting any of the following by a regional district:

(a) a zoning bylaw;

(b) a subdivision servicing bylaw;

(c) a bylaw under section 493 (1) (b) [issue of temporary use permit if no official community plan in effect];

(d) a bylaw under section 546 (2) (a) [land use contract amendment with owner agreement].

(3) The minister, or the minister together with other ministers, may establish policy guidelines regarding the content of the plans and bylaws referred to in subsections (1) and (2).

(4) Guidelines under this section may be established only after consultation by the minister with representatives of the Union of British Columbia Municipalities.

Designation of resort regions

583  (1) Subject to subsection (2), the Lieutenant Governor in Council may, by regulation, designate an area as a resort region.

(2) An area may be designated as a resort region only if

(a) the area includes a municipality, and

(b) the area does not include a portion of a municipality.

Ministerial override orders in the public interest

584  (1) This section applies if a bylaw has been enacted by a local government under any of the following and the minister considers that all or part of the bylaw is contrary to the public interest of British Columbia:

(a) Division 4 [Official Community Plans];

(b) Division 5 [Zoning Bylaws];

(c) Division 6 [Development Approval Information Requirements];

(d) Division 7 [Development Permits];

(e) Division 8 [Temporary Use Permits];

(f) Division 9 [Development Variance Permits];

(g) Division 10 [Other Permits and Permit Matters];

(h) Division 11 [Subdivision and Development: Requirements and Related Matters];

(i) Division 12 [Phased Development Agreements];

(j) Division 13 [Other Land Use Regulation Powers];

(k) section 546 [amendment and discharge of land use contracts].

(2) The minister may notify the local government

(a) of the minister's objections to the bylaw or official community plan, and

(b) that the council or the board must, within 90 days after receipt of the notice, alter the bylaw or plan accordingly.

(3) If the local government does not alter the bylaw or plan in accordance with the notice, the minister may, with the prior approval of the Lieutenant Governor in Council, order the bylaw or plan to be altered in accordance with the notice.

(4) On the date of an order of the minister under subsection (3), the bylaw or plan is conclusively deemed to be altered in accordance with the notice.

(5) An order of the minister under subsection (3) is final and binding.

Ministerial regulations requiring bylaw approval

585  (1) Subject to subsection (2), the minister may make regulations requiring approval of the minister before the adoption by a regional district of any of the following:

(a) an official community plan;

(b) a zoning bylaw;

(c) a subdivision servicing bylaw;

(d) a temporary use permit bylaw under section 493 (1) (b) [bylaw for issue of temporary use permit];

(e) a land use contract bylaw under section 546 (2) (a) [land use contract amendment or discharge with owner agreement].

(2) Subsection (1) does not apply to the following:

(a) a bylaw described in subsection (1) (b), (c) or (d) that

(i) applies only to an area that is subject to an official community plan or to an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985, and

(ii) is consistent with the official community plan or official settlement plan;

(b) a bylaw described in subsection (1) (e) that applies only to an area described in paragraph (a) (i) of this subsection.

(3) A regulation under subsection (1) may make different provisions for one or more of the following:

(a) different bylaws;

(b) different classes of bylaws;

(c) different regional districts;

(d) different areas;

(e) different circumstances.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Schedule | Revision Schedule