Definition

1   In this regulation, "zoning bylaw" has the same meaning as in section 1 of the Schedule to the Local Government Act.

[en. B.C. Reg. 192/2025, s. 1.]

Small-scale multi-family housing approval exemption

2   (0.1) A reference in this section to section 481.3 [zoning bylaws and small-scale multi-family housing] of the Local Government Act or a regulation made for the purposes of that section is a reference to that Act or regulation as the Act or regulation read on December 7, 2023.

(1) The requirement in section 52 (3) (a) [development near controlled access highway] of the Transportation Act for the approval of the minister or the minister's designate does not apply to a zoning bylaw if

(a) the bylaw is made only for the purpose of complying with section 481.3 of the Local Government Act,

(b) the bylaw permits the use and minimum density of use set out in section 481.3 of the Local Government Act or a regulation made for the purposes of that section, and

(c) the bylaw does not permit a density of use that is greater than the minimum density of use set out in section 481.3 of the Local Government Act or a regulation made for the purposes of that section.

(2) For certainty, the requirement in section 52 (3) (a) of the Transportation Act continues to apply to a zoning bylaw to the extent that the zoning bylaw permits either or both of the following:

(a) a use other than a use set out in section 481.3 of the Local Government Act or a regulation made for the purposes of that section;

(b) a density of use that is greater than the minimum density of use set out in section 481.3 of the Local Government Act or a regulation made for the purposes of that section.

[am. B.C. Reg. 192/2025, s. 2.]

Housing needs report approval exemption

3   (1) A reference in this section to section 481.7 [zoning bylaws and housing needs report] of the Local Government Act is a reference to that Act as it read on June 18, 2024.

(2) The requirement in section 52 (3) (a) of the Transportation Act for the approval of the minister or the minister's designate does not apply before January 1, 2026 to a zoning bylaw if

(a) the bylaw is made only for the purpose of complying with section 481.7 (1) of the Local Government Act,

(b) the bylaw permits the use set out in section 481.7 (1) of the Local Government Act, and

(c) the bylaw is not made in response to an application under the Local Government Act for an amendment to a zoning bylaw.

(3) Despite subsection (2) of this section, the requirement in section 52 (3) (a) of the Transportation Act continues to apply to a zoning bylaw to the extent that land subject to the zoning bylaw requires access to a controlled access highway as defined in section 1 of the Transportation Act.

(4) For certainty, the requirement in section 52 (3) (a) of the Transportation Act continues to apply to a zoning bylaw to the extent that the zoning bylaw permits a use other than the use set out in section 481.7 (1) of the Local Government Act.

[en. B.C. Reg. 192/2025, s. 3.]