Updated Tuesday, March 25, 2024

In late 2023, the Government of B.C. introduced new legislation to amend the Local Government Act (LGA) with the goal of increasing housing supply. The Province is in the process of distributing policy guides and staff are actively working to identify all the ways this will impact Port Moody. We will update this page as more information from the Province becomes available.

Below is a brief overview of the new legislation, the impacts to Port Moody, and links to the Province’s website for more detailed information on each bill.

Bill 44: Housing Statutes (Residential Development) Amendment

The goal of Bill 44 is to enable small-scale, multi-unit housing by establishing unit minimums for all single-family and duplex lots. These unit minimums vary depending on lot size and proximity to frequent transit. These housing forms typically offer more family-oriented units than larger-scale multi-family housing and more affordable options than single-family dwellings. 

 Impacts to Port Moody
 For Port Moody, all properties in single detached residential (RS) zones and specific properties in multi-residential (RT and RM) zones qualify for at least the three-unit minimum. Depending on lot considerations (including size), eligible properties qualify for three to six units. There are circumstances under which properties are exempted from the multi-unit requirements based on the Province’s exemption criteria. The specific exemptions will be communicated during the Zoning Bylaw update. 

 

Bill 44 also prohibits site-by-site public hearings for rezoning applications that are consistent with the Official Community Plan (OCP) and when the sole purpose of the rezoning bylaw is to enable residential development.  Public hearings will continue to be required for updates to OCPs and rezonings that are not consistent with an OCP, and allowed for non-residential rezonings that are OCP compliant. 
 Next steps
  •  The City is undertaking geospatial analysis to determine properties affected by legislation for unit allocations. 
  • The City will update qualifying zones to allow for the legislated multi-unit housing in adherence with the Provincial standards.
  • The updated Zoning Bylaw will be presented to Council for three readings. Pursuant to Bill 44, a public hearing will not be held, and a notice of waiver of a public hearing will be provided in accordance with the process set out in the LGA.
  • The City will undertake an Interim Housing Needs report by December 31, 2024 using methodology provided by the Province.
  • The City will update the OCP to reflect all legislative requirements and the Zoning Bylaw by December 31, 2025.
 Resources
 

Small-scale, multi-unit housing - Province of British Columbia (gov.bc.ca)

FAQs Small-Scale Multi-Unit Housing (gov.bc.ca)

 

Bill 46: Housing Statutes (Development Financing) Amendment Act

The goal of Bill 46 is to provide new and updated development finance tools that local governments can use to help fund the costs of infrastructure and amenities needed to support complete and livable communities.

It expands the infrastructure categories that Development Cost Charges (DCCs) can collect and introduces a new Amenity Cost Charge (ACC) that municipalities can use to support increased population and related demands on community amenities.

For detailed information and the categories included, please review the provincial legislation.

 Impacts to Port Moody
 For Port Moody, the Amenity Cost Charge (ACC) is intended to increase the revenue available to support an increasing population and provide amenities that bring social, cultural, heritage, recreational, or environmental benefits to the community. This revenue is not permitted to be used for affordable housing.

 

Port Moody currently has Development Cost Charges, but the new legislation allows for collection across additional categories to support City infrastructure.
 Next steps
  • The City will draft a new bylaw for Amenity Cost Charges after reviewing all regulations and provincial guidelines. Staff will develop procedures to ensure requirements are met for reporting all Amenity Cost Charges collected from new developments.
  • The City will review current Development Cost Charges. Any changes to the Development Cost Charges to include additional categories will be determined through additional analysis and formalized  through the regular Bylaw Amendment process.
 Resources

Development finance - Province of British Columbia (gov.bc.ca)
FAQs Development Finance (gov.bc.ca)

 

Bill 47: Housing Statutes (Transit-Oriented Areas) Amendment Act

Bill 47 designates Transit-Oriented Development Areas (TOD Areas) near transit hubs to increase density near rapid transit such as SkyTrain stations.

The framework creates a tier system (based on distance from the transit centre) that defines standards such as minimum allowable density and heights, and removes minimum parking requirements for off-street residential. The goal is to create mixed-use, complete communities in these areas.

Impacts to Port Moody

Moody Centre and Inlet Centre SkyTrain stations are both subject to this Transit-Oriented Development Area framework. The legislative framework applies to these areas immediately. Any new development applications within the tiers will be subject to this legislative framework.

Based on this framework, it is intended that lots within the Transit-Oriented Development Areas will see higher density development, fewer restrictions on off-street residential parking for new developments, and a faster development process for projects that meet the framework designated by the Province.

With this change, the zoning bylaw will be updated to create three tiers of potential density around the Moody Centre and Inlet Centre SkyTrain stations.

Next steps
  • The City is undertaking geospatial analysis to determine the tier level of properties within the TOD Area, based on longitudinal and latitudinal direction received from the Province.
  • The City will create and release a map showing boundaries of the TOD Area to be included in the Zoning Bylaw.
  • The City will update the Zoning Bylaw (ZBL) in accordance with these TOD areas by June 30, 2024.
  • The City will update parking regulations in accordance with the legislative framework.
  • The City’s Official Community Plan will be updated to reflect the Transit-Oriented Development Area framework by December 31, 2025.
Resources
Transit oriented development areas - Province of British Columbia (gov.bc.ca)
FAQs Transit Oriented Development (gov.bc.ca)

 

Bill 35: Short-Term Rental Accommodations Act

As part of the province’s Homes for People Action Plan, Bill 35 is intended to regulate and reduce the listing of rentals of less than 90 days. Introduced in the spring of 2023, the Bill aims to increase fines and strengthen enforcement tools for local governments, return short-term rentals to the long-term rental market, and establish provincial rules and enforcement.

The Bill enables the coordination of regulation of short-term rental accommodations by local governments, including for the enforcement of local government bylaws relating to business licence requirements. It also provides for other matters relating to the authority of local governments and other authorities for making regulations.

Impacts to Port Moody
 Hosts who offer short-term rental units must obtain a business licence, be registered with the Province, and comply with any other stipulations identified in Bill 35. Local governments can request the removal of listings that do not include the business licence or Provincial registration number.

 

The new legislation also increases the maximum penalties available for local governments in enforcing non-compliant short-term rentals.

Next steps
  • By May 31, 2024 short-term rental hosts will be required to obtain and display a valid business licence number on their listing, where a business licence is required by a local government.
Resources
Bill 35 – 2023: Short-Term Rental Accommodations Act (gov.bc.ca)
Business licences, forms, and permits (portmoody.ca)

 

Provincial timelines (pending final information from the Province)

  • Early 2024: Housing Needs Report guidance provided to local governments from the Province
  • May 1, 2024: Short-term rental hosts will be required to comply with Bill 35
  • June 30, 2024: Local governments must have completed Zoning Bylaw updates; TOD Areas must be designated, parking bylaws updated, and bylaws adjusted to accommodate small-scale, multi-unit housing forms
  • June/July 2024 (expected): Guidance provided from the Province to municipalities to update Official Community Plan
  • January 1, 2025: Local governments must have completed their Housing Needs Report
  • December 31, 2025: Municipalities must have completed the update of their Official Community Plans and zoning bylaws (based on the Housing Needs Report)

Do you have a comment you’d like to share related to the provincial housing legislation or impacts to Port Moody? Comments are welcome as we prepare to host an information session for the public prior to Council’s consideration of proposed Zoning Bylaw amendments.

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