New provincial housing legislation
Background
In the spring of 2023, the provincial Homes for People plan was released with the aim of increasing housing supply across B.C. To support the plan, in late 2023, the B.C. Legislature passed several pieces of legislation and regulations with supporting policy guidelines that change the local government land use planning framework. The new legislation supports small-scale multi-unit housing (SSMUH), identifies transit-oriented development (TOD) areas, requires pro-active planning, and expands development finance tools. A full summary outlining these changes is available on the provincial website.
Purpose
This bulletin provides an overview of key policy changes and actions required on behalf of the RMOW to meet new provincial legislative requirements.
Summary tables
Small-Scale Multi-Unit Housing
Bill 44 Housing Statutes (Residential Development) Amendment Act
| Item | Summary | Timeline |
|---|---|---|
| Small-Scale Multi-Unit Housing (SSMUH) Zoning Bylaw Amendment | The RMOW is required to update the Zoning and Parking Bylaw No.303, 2015 to accommodate SSMUH requirements for parcels of land with zoning currently restricted to single-family detached dwellings, auxiliary suites and duplexes. Depending on parcel size, location and existing zoning, the prescribed requirements are to allow for: , • Auxiliary residential dwelling units on all parcels; • A minimum of three housing units on parcels that are 280 m2 or smaller; • A minimum of four housing units on parcels greater than 280 m2; and • A minimum of six housing units on parcels greater than 280m2 AND within 400m of frequent bus service, as defined in the regulation. At this time, it does not appear that this applies to any parcels in Whistler. | • Staff are conducting an analysis of the applicability of SSMUH in the Whistler context and in relation to existing zoning for residential uses. • Staff will present a proposed project approach and zoning framework for Council consideration in Spring 2024 • SSMUH zoning bylaw amendment to be completed by June 30, 2024 |
Transit-Oriented Development (TOD) Areas
Bill 47 Housing Statutes (Transit-Oriented Areas) Amendment Act
| Item | Summary | Timeline |
|---|---|---|
| Designate TOD Area | The RMOW is required to designate the Whistler Gondola Exchange as a TOD area by bylaw. A TOD area is an area within a set distance from a transit station, that allows for a minimum allowable residential building height and density that local governments must adhere to when considering rezoning applications for residential development. The prescribed TOD area is applicable to parcels of land within 400 metres of the Whistler Gondola Exchange. | • Staff are completing an analysis to identify the parcels within the designated TOD area along with a zoning analysis to determine eligible residential properties. • Staff will present a proposed project approach for Council consideration in Spring 2024 • TOD bylaw to be completed by June 30, 2024 |
| Update Parking Requirements – Zoning Bylaw Amendment | A Zoning and Parking Bylaw No.303, 2015 amendment is required to remove residential off-street parking requirements in the TOD area. |
Pro-Active Planning
Bill 44 Housing Statutes (Residential Development) Amendment Act
| Item | Summary | Timeline |
|---|---|---|
| Public Hearing Process | Public Hearings are prohibited for residential developments that are consistent with the Official Community Plan (OCP). Public Hearings will continue to be required for zoning bylaw amendments related to non-residential amendments and OCP amendments. | • Now Applicable |
| Interim Housing Needs Report | New provincial guidance will be released to provide updated methodology for Housing Needs Reports, including 20-year housing needs projections. The RMOW must update the 2022 Housing Needs Report accordingly. Moving forward, Housing Needs Reports are required to be updated every five years. | • Staff are awaiting pending provincial guidance, expected early 2024 • Staff anticipate presenting the Interim Housing Needs Report to Council in Winter 2024 • To be completed by January 1, 2025 |
| Official Community Plan Amendment | An OCP amendment is required to provide for housing needs identified in the Interim Housing Needs Report and align with SSMUH Zoning Bylaw amendments. Moving forward, the OCP is required to be updated every five years to reflect the Housing Needs Report. | • Pending provincial guidance June/July 2024 • These items will be completed after the completion of the Interim Housing Needs Report • Both the OCP amendment and Zoning Bylaw Amendment are to be completed by December 31, 2025 |
| Zoning Bylaw Amendment | The Zoning and Parking Bylaw No.303, 2015 is required to be updated to align with the OCP and Housing Needs Report |
Development Finance Tools
Bill 46 Housing Statutes (Development Financing) Amendment Act
| Item | Summary | Timeline |
|---|---|---|
| Expanded Development Cost Charges (DCC) Scope | The scope of infrastructure that can be funded by DCCs has been expanded to include fire protection facilities, police facilities and solid waste facilities. | • DCCs and ACCs are under review by staff. • Staff anticipate presenting a proposed project approach for Council consideration at a later date in 2024 |
| Amenity Cost Charges (ACC) Introduced | ACCs are a new optional finance tool to allow local governments to collect funds for amenities including community centres, daycares and libraries from new development. |
Use these maps to see where Small-Scale Multi-Unit Housing and Transit-Orientated Development zoning changes will apply
Small-Scale Multi-Unit Housing map
Map of the Transit-Orientated Development area close to Whistler Gondola Exchange and an aerial view of this area.
View April 9 Council meeting Report on Provincial Housing Legislation.
