Local Government Act
Bulletin No.: G.8.0.0Date: October 2000
Miscellaneous Changes Related to Community Planning and Land Use Management
The Local Government Statutes Amendment Act, 2000 (Bill 14) included a number of
"housekeeping" amendments intended to clarify existing legislative
policy, eliminate provisions that are no longer needed, and to
facilitate improved local government processes. With the exception of
changes relating to development cost
charges (DCC) (see below) all "housekeeping" amendments come into force January 1, 2001. The DCC
changes will come into force at a later date.
Titles of Part 26 and Division 7
- The title of Part 26 is changed from Management of Development to
Planning and Land Use Management. The new title more accurately reflects the
scope of authority in the Part, and eliminates possible confusion
with the role of Part 21 - Building Regulations.
- Similarly, the title of Division 7 of Part 26 is changed from Land Use
Designation to Zoning and Other Development Regulation. The new title more
accurately reflects the content of the division.
Authority to create regulatory areas moved
- The legislative authority
to designate special regulatory areas has been moved out of Division
2 [Official Community Plans], and into a new Division, to
reflect the fact that this authority is regulatory in nature. In
addition rather than limiting designation of the areas to official
community plan (OCP), some of the areas, or specifics regarding the
areas, may now be provided for in either OCP or zoning bylaws.
Specific changes in this regard are:
- Development permit areas: the authority to
create development permit areas is moved from section 879 to section
919.1. Additional flexibility has also been enabled with regard to the
establishment of these areas; see Bulletin Number
G.5.0.0 - Development and Temporary Use Permit Areas).
- Development approval information areas or
circumstances: the authority to create development approval information
areas or circumstances is moved from section 879.1 to section 920.01.
- Temporary commercial or industrial permit
areas: the authority to create temporary commercial or industrial permit
areas is moved from section 879(4) to section 920.2, and such areas may
now be created either in the context of an OCP or in a zoning bylaw.
- Heritage conservation areas: the authority to
establish heritage conservation areas is moved from section 880 to
section 970.1. Moving the authority to create heritage conservation
areas to Part 27 clarifies that the limitations on use of heritage
conservation powers which are established in section 948 apply to the
creation of a heritage conservation area as well as to the
administration of the area. Also, as in development permit areas, design
guidelines for heritage conservation areas can now be established either
in an official community plan or a zoning bylaw.
Geographic jurisdiction clarified
- A new section 873
clarifies that municipalities may only exercise Part 26 powers
within their municipal boundaries, and that regional districts may
only exercise such powers in unincorporated areas.
Hazard area permits - engineer's qualification
- Section 920(11) has been
amended to provide local governments with greater flexibility in
determining which types of engineering experience are appropriate
with regard to preparation of engineering reports related to
development permits for hazard areas.
Definition of "capital costs" for DCCs
- A new definition of "capital costs" is established (section 932) in
relation to development cost charges (DCCs). The definition provides that
capital costs may include certain interest costs approved by the
Inspector of Municipalities. The definition applies to both costs
that may be included in calculating the amount of a DCC and the
costs that may be paid by DCC funds. These new provisions will
become effective after a policy to determine appropriate interest
changes has been developed.
- The Ministry provides a best practices guide for the use of development cost
charges, which is available on the Internet at the
IRPD publications page.
Minimum lot size in ALR
- Section 946(5) is amended
to clarify that local governments can establish the minimum lot size
of a parcel that may be subdivided as a residence for a relative in
the Agricultural Land Reserve on land that was not used for farm use
or which was less than two acres in size when the reserve was
created. The section previously had an unintended limitation in the wording.
- Section 839, which
required the publication of a notice for various regional district
regulatory bylaws has been repealed. This requirement is no longer
needed because the public will be informed of a regional district's
intention to exercise its regulatory authority through the service
Community heritage commission
- The specific authority in
section 953 for local governments to create a community heritage
commission is eliminated, since this authority is available under
the new general power to establish commissions in section 176(1)(g).
- The specific ability of a
local government to appoint an existing organization to act as its
community heritage commission is retained.
Other unnecessary provisions removed
- The provision that was
formerly in section 873(1), which enabled various powers under Part
26 to be exercised in a single bylaw, has been removed. The
provision was redundant since the authority is available under
- The specific authority
for local governments to establish a procedures manual has been
removed, since this ability exists as a broad power. This eliminates
the specific content requirements that had been in that section,
enabling local governments greater flexibility to develop procedures
manuals that are appropriate to their needs and objectives.
- Division 4.1 of Part 24
sets out procedural requirements in relation to regional district
service establishment bylaws, including bylaws establishing a
- In order to ensure the
public is aware of new regional district regulatory requirements,
the regional district may wish to provide notice of this to those
persons affected. This will be particularly important in
circumstances where the adoption of the regulatory bylaw takes place
considerably after the adoption of the service establishment bylaw.
- Existing community heritage commissions are continued under section 267 of the Local
Government Statutes Amendment Act, 2000 (Bill 14).
Local Government Act References:
Primary Sections: 873, 890(3.1), 920(11), 932, 946(5), 919.1, 920.1, 920.2, 970.1
Bill 14 Sections: 267
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