B.C. Reg. 99/2024, deposited May 10, 2024, under the COMMUNITY CHARTER [sections 280 and 282 (1)] and LOCAL GOVERNMENT ACT [sections 249 and 783 (1)]. Ministerial Order M114/2024, dated May 8, 2024.

I, Rob Fleming, Minister of Transportation and Infrastructure, order that the attached Approval Exemption (Controlled Access Highway) Regulation is made.

— R. FLEMING, Minister of Transportation and Infrastructure.

APPROVAL EXEMPTION (CONTROLLED ACCESS HIGHWAY)
REGULATION

Interpretation

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

(2) A reference in this regulation to the Local Government Act or a regulation made under that Act is a reference to that Act or regulation as the Act or regulation read on December 7, 2023.

Exemption from approval requirement

2 (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 [zoning bylaws and small-scale multi-family housing] 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 under 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 under 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 under 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 under that section.

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