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B.C. Reg. 90/2019
O.C. 205/2019
Deposited April 16, 2019
This consolidation is current to December 3, 2019.
Link to consolidated regulation (PDF)

Local Government Act

Housing Needs Report Regulation

Contents
1Definitions
2Prescribed types of housing units
3Statistical information about population
4Statistical information about household income
5Information about significant economic sectors
6Information about housing units
7Additional information
8Content of housing needs report
9Electoral areas with population of less than 100
10Local trust area
11Indigenous land
Schedule

Definitions

1   (1) In this regulation:

"Act" means the Local Government Act;

"adequate", in relation to housing, means that, according to the residents in the housing, no major repairs are required to the housing;

"BC Assessment" means the British Columbia Assessment Authority continued under the Assessment Authority Act;

"census" means a census of population undertaken under the Statistics Act (Canada);

"census division" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada;

"census report" means the information contained in a return of a census;

"census subdivision" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada;

"core housing need" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada;

"dwelling structural type" means the structural characteristics or dwelling configuration of a housing unit, such as, but not limited to, the housing unit being a single-detached house, a semi-detached house, a row house, an apartment in a duplex or in a building that has a certain number of storeys, or a mobile home;

"extreme core housing need" has the same meaning as core housing need except that the household has shelter costs for housing that are more than 50% of total before-tax household income;

"form of tenure" has the same meaning as in section 455 of the Act;

"household" means a person or a group of persons who occupy the same housing unit;

"housing suitability" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada;

"migrant" means a migrant within the meaning of the Mobility and Migration Reference Guide, published by Statistics Canada for the 2016 census;

"mobility status" means a mobility status within the meaning of the Mobility and Migration Reference Guide, published by Statistics Canada for the 2016 census;

"NAICS" means the North American Industry Classification System (NAICS) Canada 2012, published by Statistics Canada;

"NAICS sector" means a sector established by the NAICS;

"non-migrant" means a non-migrant within the meaning of the Mobility and Migration Reference Guide, published by Statistics Canada for the 2016 census;

"non-mover" means a non-mover within the meaning of the Mobility and Migration Reference Guide, published by Statistics Canada for the 2016 census;

"owner household" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada;

"participation rate" means the total labour force in a geographic area, expressed as a percentage of the total population of the geographic area;

"population",

(a) in relation to an applicable area, means the population for the applicable area determined by the most recent census,

(b) in relation to an electoral area, means the population for the electoral area determined by the most recent census, and

(c) in relation to a local trust area, means the population for the local trust area determined by the most recent census;

"primary rental market" means a market for rental housing units in apartment structures containing at least 3 rental housing units that were purpose-built as rental housing;

"renter household" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada;

"secondary rental market" means a market for rental housing units that were not purpose-built as rental housing;

"shelter cost" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada;

"short-term rental" means the rental of a housing unit, or any part of it, for a period of less than 30 days;

"subsidized housing" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada.

(2) If a definition in subsection (1) refers to a meaning in the Dictionary, Census of Population, 2016, published by Statistics Canada, the meaning must be applied with the necessary changes.

Prescribed types of housing units

2   For the purposes of section 585.41 (2) (d) [prescribing types of housing units] of the Act, the following types of housing units are prescribed:

(a) housing with no bedrooms;

(b) housing with one bedroom;

(c) housing with 2 bedrooms;

(d) housing with 3 or more bedrooms.

Statistical information about population

3   (1) For the purposes of section 585.21 (2) (a) [collection of statistical information about current population] of the Act, a local government must collect the following statistical information about the current population of the applicable area of the local government, and in the case of a regional district, about the current population of each electoral area:

(a) the following information in each of the 3 most recent census reports:

(i) the population;

(ii) the average age of the population;

(iii) the median age of the population;

(iv) the population, expressed as a number and as a percentage, in each of the following age groups:

(A) under 14 years of age;

(B) 15 to 19 years of age;

(C) 20 to 24 years of age;

(D) 25 to 64 years of age;

(E) 65 to 84 years of age;

(F) 85 years of age or older;

(v) the number of households;

(vi) the average number of persons in a household;

(vii) the number and percentage of households of 1-person households, 2-person households, 3-person households, 4-person households and households with 5 or more persons;

(viii) the number and percentage of households for each form of tenure;

(ix) the number and percentage of renter households in subsidized housing;

(x) the number of persons in the applicable area who had the following mobility statuses:

(A) migrant;

(B) non-migrant;

(C) non-mover;

(b) the population growth, expressed as a number and as a percentage, over the period of time that is covered in each of the 3 most recent census reports;

(c) if applicable, the number of students enrolled in post-secondary institutions located in the applicable area or electoral area;

(d) if available, the number of individuals experiencing homelessness.

(2) For the purposes of section 585.21 (2) (a) [collection of statistical information about projected population] of the Act, a local government must collect the following statistical information for at least the next 5 years about the projected population of the applicable area of the local government, and in the case of a regional district, about the projected population of each electoral area:

(a) the anticipated population;

(b) the anticipated population growth, expressed as a number and as a percentage;

(c) the average age of the anticipated population;

(d) the median age of the anticipated population;

(e) the anticipated population, expressed as a number and as a percentage, in each of the following age groups:

(i) under 14 years of age;

(ii) 15 to 19 years of age;

(iii) 20 to 24 years of age;

(iv) 25 to 64 years of age;

(v) 65 to 84 years of age;

(vi) 85 years of age or older;

(f) the anticipated number of households;

(g) the anticipated average number of persons in a household.

Statistical information about household income

4   For the purposes of section 585.21 (2) (b) [collection of statistical information about household income] of the Act, a local government must collect the following statistical information in each of the 3 most recent census reports about before-tax household income, if available, in the applicable area of the local government, and in the case of a regional district, about the household income in each electoral area:

(a) the average household income;

(b) the median household income;

(c) the number and percentage of households in the following household income brackets:

(i) $0–$4 999;

(ii) $5 000–$9 999;

(iii) $10 000–$14 999;

(iv) $15 000–$19 999;

(v) $20 000–$24 999;

(vi) $25 000–$29 999;

(vii) $30 000–$34 999;

(viii) $35 000–$39 999;

(ix) $40 000–$44 999;

(x) $45 000–$49 999;

(xi) $50 000–$59 999;

(xii) $60 000 —  $69 999;

(xiii) $70 000–$79 999;

(xiv) $80 000–$89 999;

(xv) $90 000–$99 999;

(xvi) $100 000–$124 999;

(xvii) $125 000–$149 999;

(xviii) $150 000–$199 999;

(xix) $200 000 and over;

(d) the number and percentage of renter households in each of the income brackets described in paragraph (c);

(e) the number and percentage of owner households in each of the income brackets described in paragraph (c);

(f) the average and median household income of renter households;

(g) the average and median household income of owner households.

Information about significant economic sectors

5   For the purposes of section 585.21 (2) (c) [collection of information about significant economic sectors] of the Act, a local government must collect the following information in each of the 3 most recent census reports about significant economic sectors in the applicable area of the local government:

(a) the number of workers in the labour force;

(b) the number and percentage of workers working in each NAICS sector.

Information about housing units

6   (1) For the purposes of section 585.21 (2) (d) [collection of information about housing units] of the Act, a local government must collect the following information about currently available housing units in the applicable area of the local government, and in the case of a regional district, about currently available housing units in each electoral area:

(a) the number of housing units;

(b) the number and percentage of housing units of each dwelling structural type;

(c) the number of housing units of each type prescribed under section 2;

(d) the number and percentage of housing units built in the following periods:

(i) in 1960 or before;

(ii) 1961–1980;

(iii) 1981–1990;

(iv) 1991–2000;

(v) 2001–2010;

(vi) 2011–2016;

(vii) if available, 2017 onwards;

(e) the number of housing units that are subsidized housing;

(f) subject to subsection (2), in relation to values of housing units,

(i) the average and median housing values determined by BC Assessment,

(ii) the average and median housing value determined by BC Assessment for each dwelling structural type, and

(iii) the average and median housing value determined by BC Assessment for housing units of each type of housing unit prescribed under section 2;

(g) subject to subsection (2), in relation to the sale prices of housing units,

(i) the average and median sale prices determined by BC Assessment,

(ii) the average and median sale price of housing units determined by BC Assessment for each dwelling structural type, and

(iii) the average and median sale price for housing units determined by BC Assessment for housing of each type of housing unit prescribed under section 2;

(h) subject to subsection (2), in relation to rental prices of housing units, if available,

(i) the average and median monthly rent, and

(ii) the average and median monthly rent for housing units of each type of housing unit prescribed under section 2;

(i) if available, the current rental vacancy rate;

(j) if available, the rental vacancy rate for housing units of each type of housing unit prescribed under section 2;

(k) in relation to the rental of housing units, if available,

(i) the number of housing units in the primary rental market,

(ii) the number of housing units in the secondary rental market, and

(iii) the number of short-term rental units;

(l) if applicable, the number of housing units in a housing cooperative;

(m) in relation to the demolition, in whole, of housing units, the following information for each year of the past 10 years, if available:

(i) the number of housing units demolished;

(ii) the number of housing units of each dwelling structural type demolished;

(iii) the number of housing units of each form of tenure demolished;

(iv) the number of housing units of each type of housing unit prescribed under section 2 demolished;

(n) in relation to the completion of housing units, the following information for each year of the past 10 years, if available:

(i) the number of housing units substantially completed;

(ii) the number of housing units of each dwelling structural type substantially completed;

(iii) the number of housing units of each form of tenure substantially completed;

(iv) the number of housing units of each type of housing unit prescribed under section 2 substantially completed;

(o) if applicable, the number of beds provided for students by post-secondary institutions located in the applicable area or electoral area;

(p) if applicable, the number of beds provided by shelters for individuals experiencing homelessness and the number of housing units provided for individuals at risk of experiencing homelessness.

(2) A local government must collect the information described in subsection (1) (f), (g) and (h)

(a) in relation to the first housing needs report of the local government, from 2005 onwards, and

(b) in relation to each subsequent housing needs report of the local government, for the past 10 years.

(3) For the purposes of section 585.21 (2) (d) of the Act, a local government must collect the following information in relation to new homes registered under the Homeowner Protection Act from 2016 onwards in the applicable area of the local government, and in the case of a regional district, in each electoral area:

(a) the number of new homes registered;

(b) the number of new homes registered of each dwelling structural type;

(c) the number of new homes registered that were purpose-built as rental housing.

Additional information

7   For the purposes of section 585.21 (2) (e) [collection of other information] of the Act, a local government must collect the following information for the applicable area of the local government, and in the case of a regional district, for each electoral area:

(a) if available, the following information in relation to core housing need in each of the 3 most recent census reports:

(i) the number and percentage of households in housing that is not affordable;

(ii) the number and percentage of households in housing that is not affordable by form of tenure;

(iii) the number and percentage of households in housing that is not adequate;

(iv) the number and percentage of households in housing that is not adequate by form of tenure;

(v) the number and percentage of households in housing that does not meet housing suitability;

(vi) the number and percentage of households in housing that does not meet housing suitability by form of tenure;

(b) the unemployment rate;

(c) the participation rate;

(d) the number and percentage of employees in the labour force who commute within a census subdivision;

(e) the number and percentage of employees in the labour force who commute to a different census subdivision within a census division;

(f) the number and percentage of employees in the labour force who commute to a different census division within British Columbia;

(g) the number and percentage of employees in the labour force who commute to another province or territory.

Content of housing needs report

8   (1) For the purposes of section 585.3 (c) (iii) [any other prescribed information] of the Act, a local government must include in a housing needs report, in relation to the applicable area of the local government, all of the following:

(a) if available, the following information in each of the 3 most recent census reports:

(i) the number and percentage of households in core housing need;

(ii) the number and percentage of households in core housing need by form of tenure;

(iii) the number and percentage of households in extreme core housing need;

(iv) the number and percentage of households in extreme core housing need by form of tenure;

(b) a statement about current needs and anticipated needs for each of the following:

(i) affordable housing;

(ii) rental housing;

(iii) special needs housing;

(iv) housing for seniors;

(v) housing for families;

(vi) the number of beds in shelters for individuals experiencing homelessness and the number of housing units for individuals at risk of experiencing homelessness;

(c) a summary in the form set out in the Schedule to this regulation.

(2) Subject to this regulation, a regional district must provide a housing needs report that sets out the required information under the Act and this regulation for each electoral area.

(3) A local trust committee must provide a housing needs report for the local trust area for which it is the local trust committee.

Electoral areas with population of less than 100

9   (1) Electoral areas with a population of less than 100, as set out in the most recent census report, is a prescribed class.

(2) As an exception to sections 585.21 [collection of housing information] and 585.3 (b) and (c) [content of housing need report] of the Act, a regional district need not collect information described in section 585.21 of the Act or include information described in section 585.3 (c) of the Act in a housing needs report for an electoral area in the class prescribed under subsection (1) of this section.

Local trust area

10   (1) The information required to be collected under section 585.21 of the Act need not be collected for the Ballenas-Winchelsea Local Trust Area.

(2) A housing needs report need not include the matters described in section 585.3 (c) of the Act for the Ballenas-Winchelsea Local Trust Area.

Indigenous land

11   (1) In this section, "Indigenous land" means the following:

(a) treaty lands of a Treaty First Nation;

(b) Nisga'a Lands;

(c) Nisga'a Fee Simple Lands as defined in the Definitions Chapter of the Nisga'a Final Agreement;

(d) Sechelt lands, as defined in section 2 (1) of the Sechelt Indian Band Self-Government Act (Canada);

(e) a reserve, as defined in section 2 (1) [definitions] of the Indian Act (Canada);

(f) other Maa-nulth First Nation Lands as defined in the Definitions Chapter of the Maa-nulth First Nations Final Agreement;

(g) other Tla'amin Lands as defined in the Definitions Chapter of the Tla'amin Final Agreement;

(h) other Tsawwassen Lands as defined in the Definitions Chapter of the Tsawwassen First Nation Final Agreement.

(2) The information required to be collected under section 585.21 of the Act need not be collected for Indigenous land in an applicable area.

(3) A housing needs report need not include the matters described in section 585.3 (c) of the Act for Indigenous land in an applicable area.

Schedule

[section 8 (1) (c)]

[Provisions relevant to the enactment of this regulation: Local Government Act, R.S.B.C. 2015, c. 1, s. 585.41.]