Land Use Contracts
UPDATE: (July 2, 2024): As of June 30th, 2024, as per Local Government Act s. 547, all Land Use Contracts across the Province have been terminated. The following information is provided as an archival reference only, as Land Use Contracts and their provisions are no longer in effect.”
Land use contracts (LUCs) – site-specific legal agreements between local governments and landowners – were allowed in B.C. between 1971 and 1978. The intent was to allow more flexibility than traditional zoning, and so these contracts often included a number of elements such as development permits, controls to form and character of buildings, landscaping requirements, subdivision layouts, and servicing agreements.
When B.C.’s land use contract legislation was repealed in 1978, no new contracts could be created but existing contracts remained in place.
In 2014, the Local Government Act was changed to terminate all land use contracts by June 30, 2024, giving local governments time to ensure that zoning and other bylaws are in place for affected properties. Municipalities may initiate early termination of LUCs to ensure that appropriate zoning is in place by the provincial deadline.
There are 21 areas in Port Moody where LUCs remain in place, and these contracts affect approximately 2,236 fee simple and strata properties. Appropriate zoning is already in place for 487 of these properties; the remaining 1,749 will need to be rezoned. Council has endorsed a process for the termination of LUCs in Port Moody – read the March 12, 2019 report.
Termination process for properties with appropriate zoning
If a property has appropriate zoning already in place, the City will take no action to change the zoning or terminate the LUC before June 30, 2024. On or after June 30, 2024, the land use contract notation on the owner’s certificate of title will be removed and the underlying zoning will come into effect.
We notified owners of property in this category by mail in October 2019 and invited them to attend an information meeting on October 23, 2019. If you were unable to attend the meeting and you have questions about the termination of the land use contract that's in place for your property, please email us or call 604-469-4663.
Early termination process for properties that need to be rezoned
If a property needs to be rezoned, the City will follow its established rezoning process as well as provincial LUC termination requirements between 2020 and 2021.
The LUC rezoning process includes:
- notification letter to property owners
- information meeting
- Council to consider first/second readings of LUC Termination Bylaw/Zoning Bylaw amendment for proposed new zone
- Public Hearing
- Council to consider third reading/adoption of bylaws
- notification of outcome to property owners
- one-year waiting period (LUC continues to be in effect during this waiting period)
- LUC Termination Bylaw and new zoning comes into effect
- LUC notation removed from property owner’s Certificate of Title
Land use contracts in Port Moody
All land use contracts within the City of Port Moody are listed below.
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Click the link to view a map showing the property, the land use contract, and any amending contracts for that property.
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| Properties to be rezoned | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Properties that have been rezoned | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Frequently asked questions
| When will LUCs be terminated? |
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If a property has appropriate zoning already in place, the LUC will expire on the provincial deadline of June 30, 2024. On or after that date, the LUC notation will be removed from the property owner’s certificate of title. If a property needs to be rezoned, the City will follow its established rezoning process as well as provincial LUC termination requirements between 2020 and 2021. A land use contract termination bylaw, once adopted by Council, will bring the LUC termination into effect one year from the date of adoption. The City will keep property owners informed through updates to this page and the formal notifications required as part of the rezoning process. |
| Who will pay for the termination of an LUC and any associated rezoning? |
| The City is responsible for the cost of a City-initiated LUC termination and associated rezoning. |
| Why is the City terminating some land use contracts early? |
| LUCs were registered on land title and could only be amended or dissolved by bylaw with agreement from both the local government and the landowner. Recent amendments to the Local Government Act allow municipalities to terminate land use contracts before June 30, 2022 to ensure that appropriate zoning is in place prior to the expiration of all LUCs in the province. This process will eliminate uncertainty for property owners and City staff in advance of the provincial deadline of June 20, 2024. |
| Will I have a chance to express my views to Council? |
| If your property needs to be rezoned, the City will follow its established rezoning process as outlined in the Development Approval Procedure Bylaw. This process includes a Public Hearing which provides affected property owners with an opportunity to share their views with Council. |
| Does the City require authorization from the property owner before an LUC is terminated? |
| The provincial legislation enacted in 2014 allows municipalities to terminate LUCs without authorization from the property owner prior to the end date of June 30, 2024. |
| What can I do if I feel early termination is unfair? |
| If a property owner feels the timing of the early LUC termination would cause them hardship, they may apply to the Board of Variance for an exemption. The Board of Variance may order that the provisions of the LUC continue to apply in relation to the applicant for a specified period of time ending no later than June 30, 2024. An application for exemption to relieve hardship must be received by the Board of Variance within six months after the adoption of the LUC termination bylaw (refer to Section 543 of the Local Government Act). |
| What if the development on my property does not meet the new zoning regulations? |
| Existing buildings and structures which were lawfully built will have legal non-conforming protection under Division 14 of the Local Government Act (refer to Section 533 of the Local Government Act). |
| Where can I get more information on land use contracts? |
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You can: |
We’re also available to answer your questions via email.
· Property Owner Information Meeting – March 7, 2022
