Frequently Asked Questions: Land Use Contract Termination

Provincial legislation enabling LUCs was in effect for a short period of time during the 1970s; however, LUCs entered into during that time are still registered on the title of each property and remain in effect unless they have been terminated. Until recently, property owners and the municipality had to agree to amend or terminate an LUC.

Why did the Resort Municipality of Whistler (RMOW) terminate LUCs now?
The Province enacted legislation in 2014, which stipulates that all LUCs in British Columbia will be automatically terminated on June 30, 2024. Municipalities were required to enact zoning regulations for all properties affected by LUCs prior to termination. The legislation also allows municipalities to terminate LUCs prior to 2024 provided zoning is enacted for the affected lands.

The RMOW decided to develop replacement zoning and terminate the LUCs prior to the 2024 deadline.

How many properties in Whistler were affected by LUCs?
Historically, there were about 2,600 properties in Whistler regulated by eight LUCs. This includes strata, bare land strata and fee simple properties.

What is going to happen to my LUC?
At some point between now and June 29, 2023, the LUC affecting your property in Whistler will be terminated.

How can I tell if my property is regulated by a LUC?
Check to see if your property is in an LUC area using Whistler's online map. LUCs are registered on the title of the affected properties and may be obtained from the RMOW or the Land Title and Survey Authority of BC.

LUC Termination Process

What happens when my LUC is terminated?
Once an LUC is terminated, the RMOW's zoning and other municipal bylaws will govern the use and development of the property. Zoning takes effect one year from the date the LUC termination bylaw is adopted.

How was the LUC termination and replacement zoning approved?
Each LUC termination and rezoning required a bylaw approved by Council. A Public Hearing and notification was required before Council approved these bylaws.

Timing

When an LUC termination and rezoning bylaw was adopted by Council, did the zoning come into effect immediately?
No, LUC termination and the new zoning come into effect one year after the date the bylaw was adopted. During this year the rules and regulations of the LUC that is being terminated will continue to apply.

Legislation

Where can I get more information on the Provincial legislation affecting LUCs?
Division 16 of the Local Government Act explains the provincial rules for the termination of LUCs.

Consent and Notification

Does the RMOW require the consent of landowners before an LUC can be terminated?
No, unlike the previous LUC termination process which required the consent of the landowner, new provincial legislation allowed the RMOW to terminate an LUC without the consent of the landowner.

What opportunities did I have to make representations to staff and Council during the LUC termination process?

All property owners were mailed an initial letter to inform them of the LUC termination process and provide the draft replacement zoning, allowing for a minimum of 30 days to provide feedback to staff. There was also a Public Hearing, and the required notification, for each of the LUC termination bylaws.

Appeals

Is there a way I can keep my LUC forever?
No, all LUCs in British Columbia automatically terminate on June 30, 2024 or when they are terminated by the municipality. After an LUC is terminated, zoning and other municipal bylaws will regulate land use on the property.

Can I appeal the early termination of my LUC?
Yes, property owners can appeal to the Board of Variance for temporary exemption from early termination of an LUC.

The Board of Variance may grant an exemption, if it finds that early termination of the LUC will cause undue hardship. The application must be made within six months of the adoption of the LUC termination bylaw.

Note that the exemption may last no later than June 30, 2024. This webpage provides more information about the Board of Variance process.

Development

What are the implications for development on my property that does not meet the new zoning regulations?
The RMOW made every attempt to ensure that the existing development will comply with the new zoning regulations. In the unlikely event that this is not possible, existing buildings and structures, which were lawfully built, will have legal non-conforming protection under Division 14 of the Local Government Act.