B.C. Reg. 152/2024, deposited June 18, 2024, under the HOUSING STATUTES (RESIDENTIAL DEVELOPMENT) AMENDMENT ACT, 2023 [section 48], LOCAL GOVERNMENT ACT [sections 585.41 and 783] and VANCOUVER CHARTER [sections 2.2, 574.6 and 628]. Order in Council 353/2024, approved and ordered June 18, 2024.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(a) sections 3, 10, 11, 16, 18, 26, 38, 40 and 46 of the Housing Statutes (Residential Development) Amendment Act, 2023, S.B.C. 2023, c. 45 are brought into force,

(b) section 13 of the Housing Statutes (Residential Development) Amendment Act, 2023, S.B.C. 2023, c. 45, as it enacts sections 481.7 and 481.8 (2) and (3) of the Local Government Act, is brought into force,

(c) section 33 of the Housing Statutes (Residential Development) Amendment Act, 2023, S.B.C. 2023, c. 45, as it enacts sections 565.08 and 565.09 (2) and (3) of the Vancouver Charter, is brought into force,

(d) the Housing Needs Report Regulation, B.C. Reg. 90/2019, is amended as set out in the attached Appendix 1, and

(e) the Vancouver Housing Needs Report Regulation, B.C. Reg. 91/2019, is amended as set out in the attached Appendix 2.

— R. KAHLON, Minister of Housing; G. LORE, Presiding Member of the Executive Council.

Appendix 1

1 Section 1 of the Housing Needs Report Regulation, B.C. Reg. 90/2019, is amended

(a) in subsection (1) by adding the following definition:

"CMHC" means the Canada Mortgage and Housing Corporation established by section 3 of the Canada Mortgage and Housing Corporation Act; ,

(b) in subsection (1) by repealing the definition of "population" and substituting the following:

"population",

(a) in relation to an applicable area, means the population of the applicable area as determined by a census,

(b) in relation to an electoral area, means the population of the electoral area as determined by a census, and

(c) in relation to a local trust area, means the population of the local trust area as determined by a census; ,

(c) in subsection (1) by adding the following definitions:

"private household" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada;

"rental vacancy rate", in relation to a local government, means

(a) the rental vacancy rate published by CMHC for the applicable area of the local government on the date closest to the most recent census, or

(b) if the rental vacancy rate referred to in paragraph (a) is not published by CMHC, the rental vacancy rate published by CMHC for the Province on the date closest to the most recent census; , and

(d) in subsection (2) by striking out "the meaning must be applied with the necessary changes" and substituting "the meaning, so far as it is applicable in this regulation, must be applied with the necessary changes".

2 Section 3 is amended

(a) in subsection (1) (a) by striking out "in each of the 3 most recent census reports" and substituting ", as set out in each of the 4 most recent census reports",

(b) by repealing subsection (1) (a) (iv), (b) and (d), and

(c) by repealing subsection (2) and substituting the following:

(2) As an exception to section 585.21 [collection of housing information] of the Act, a local government need not collect statistical information about projected population.

3 Section 4 is amended

(a) by striking out "in each of the 3 most recent census reports" and substituting ", as set out in each of the 4 most recent census reports,", and

(b) by repealing paragraphs (c), (d) and (e).

4 Section 5 is repealed and the following substituted:

Exception for significant economic sectors

5 As an exception to section 585.21 [collection of housing information] of the Act, a local government need not collect the information described in subsection (2) (c) of that section.

5 Section 6 is amended

(a) by repealing subsection (1) (d) and substituting the following:

(d) the number and percentage of housing units built in each of the following periods:

(i) 1970 or before;

(ii) 1971-1980;

(iii) 1981-1990;

(iv) 1991-2000;

(v) 2001-2010;

(vi) 2011-2020;

(vii) 2021 onwards; ,

(b) by repealing subsection (1) (f) and (g),

(c) by repealing subsection (1) (h) and substituting the following:

(h) in relation to rental prices of housing units, the average and median monthly rent, if available; ,

(d) by repealing subsections (1) (i), (j), (m) and (n) and (2), and

(e) by adding the following subsection:

(4) As an exception to section 585.21 of the Act, a local government need not collect statistical information about housing units that are anticipated to be available.

6 Section 7 is amended

(a) by renumbering the section as section 7 (1),

(b) in subsection (1) (a) by striking out "in each of the 3 most recent census reports" and substituting ", as set out in each of the 4 most recent census reports", and

(c) by adding the following subsection:

(2) For the purposes of section 585.21 (2) (e) of the Act, a local government must collect the following information about housing units in the applicable area of the local government, and in the case of a regional district, in each electoral area, for each of the 10 years before the date the local government is required to receive a housing needs report:

(a) if available, the information described in section 6 (1) (h);

(b) if available, the following information in relation to the demolition, in whole, of housing units:

(i) the number of housing units demolished;

(ii) the number of housing units of each dwelling structural type demolished;

(iii) the number of housing units of each form of tenure demolished;

(iv) the number of housing units of each type of housing unit prescribed under section 2 demolished;

(c) if available, the following information in relation to the completion of housing units:

(i) the number of housing units substantially completed;

(ii) the number of housing units of each dwelling structural type substantially completed;

(iii) the number of housing units of each form of tenure substantially completed;

(iv) the number of housing units of each type of housing unit prescribed under section 2 substantially completed.

7 Section 8 is amended

(a) in subsection (1) (a) by striking out "in each of the 3 most recent census reports" and substituting ", as set out in each of the 4 most recent census reports",

(b) in subsection (1) (b) by adding the following subparagraph:

(vii) housing in close proximity to transportation infrastructure that supports walking, bicycling, public transit or other alternative forms of transportation; ,

(c) by repealing subsection (1) (c),

(d) in subsection (1) by adding the following paragraphs:

(d) a description of the actions taken by the local government, since the date the local government last received a housing needs report under section 585.31 [when and how housing needs report must be received] of the Act, to reduce housing needs;

(e) a summary of the changes in, and related to, housing need since the date the local government last received a housing needs report under section 585.31 of the Act. , and

(e) by adding the following subsection:

(1.1) For the purposes of subsection (1) (d) and (e), an interim report on housing needs received by a local government under section 790 (2) [transition – interim report on housing needs] of the Act is a housing needs report received by the local government under section 585.31 of the Act.

8 Section 9 (1) is amended by striking out "as set out in the most recent census report" and substituting "as determined by the most recent census".

9 Section 11 (1) (e) is amended by striking out "[definitions]".

10 The following sections are added:

Official community plan and zoning bylaw review and update

14 For the purposes of sections 473.1 (5) [official community plan and housing needs report] and 481.7 (2) [zoning bylaws and housing needs report] of the Act, the prescribed period is the period that ends on the date that is 2 years after December 31 of the year in which the council received the most recent housing needs report under section 585.31 of the Act.

Calculating 5-year total number of housing units

15 (1) For the purposes of a 5-year period referred to in section 585.3 (c) (i) [content of housing needs report] of the Act, the total number of housing units in relation to the applicable area for a local government is the sum, rounded to the nearest whole number, of all of the following numbers calculated in relation to the applicable area of the local government:

(a) the number of housing units for households in extreme core housing need, calculated by dividing the number obtained under section 16 (a) by 4;

(b) the number of housing units for individuals experiencing homelessness, calculated by dividing the number obtained under section 16 (b) by 2;

(c) the number of housing units for households the formation of which has been suppressed by housing market conditions, calculated by dividing the number obtained under section 16 (c) by 4;

(d) the number of housing units required to meet the anticipated growth in households, calculated under section 16 (d) as modified by subsection (2) of this section;

(e) the number of housing units required, if any, to increase the rental vacancy rate to 3%, calculated by dividing the number obtained under section 16 (e) (i) or (ii), as applicable, by 4;

(f) the number of housing units that reflects the demand for housing in the applicable area of the local government, calculated by dividing the number obtained under section 16 (f) (i) or (ii), as applicable, by 4.

(2) For the purposes of calculating the number under subsection (1) (d) of this section, the reference in section 20 (1) to "20 years" must be read as if it were a reference to "5 years".

Calculating 20-year total number of housing units

16 For the purposes of a 20-year period referred to in section 585.3 (c) (ii) [content of housing needs report] of the Act, the total number of housing units in relation to the applicable area for a local government is the sum, rounded to the nearest whole number, of all of the following numbers calculated in relation to the applicable area of the local government:

(a) the number of housing units for households in extreme core housing need, calculated under section 17;

(b) the number of housing units for individuals experiencing homelessness, calculated under section 18;

(c) the number of housing units for households, the formation of which has been suppressed by housing market conditions, calculated under section 19;

(d) the number of housing units required to meet the anticipated growth in households, calculated under section 20 [housing units and anticipated household growth];

(e) one of the following:

(i) if the rental vacancy rate for the applicable area of the local government is 3% or higher, zero housing units;

(ii) if the rental vacancy rate for the applicable area of the local government is less than 3%, the number of housing units required to increase the rental vacancy rate to 3%, as calculated under section 21 [housing units and rental vacancy rate];

(f) one of the following:

(i) in the case of a municipality, the number of housing units that reflects the demand for housing in the applicable area of the local government, calculated under section 22 [housing units and demand];

(ii) in the case of a regional district, zero housing units.

Housing units and extreme core housing need

17 (1) For the purposes of section 16 (a), the number of housing units for households in extreme core housing need is the number calculated by the following formula:

number = (average RHECHN rate × RH) + (average OHECHN rate × OH)

(2) For the purposes of applying the formula in subsection (1), the average rate of renter households in extreme core housing need is calculated by the following formula:

(3) For the purposes of applying the formula in subsection (1), the average rate of owner households in extreme core housing need is calculated by the following formula:

Housing units and homelessness

18 (1) In this section, "annual estimate report" means the annual report estimating the homeless population in British Columbia that is

(a) prepared under the provincial project known as the Preventing and Reducing Homelessness Integrated Data Project, and

(b) published on a publicly accessible website maintained by or on behalf of the government.

(2) For the purposes of section 16 (b), the number of housing units for individuals experiencing homelessness is the number calculated by the following formula:

Housing units and suppressed household formation

19 (1) In this section:

"age category of primary household maintainer" means the following age categories of primary household maintainer:

(a) 15 to 24 years of age;

(b) 25 to 34 years of age;

(c) 35 to 44 years of age;

(d) 45 to 54 years of age;

(e) 55 to 64 years of age;

(f) 64 to 74 years of age;

(g) 75 years of age or older;

"primary household maintainer" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada.

(2) For the purposes of section 16 (c), the number of housing units for households the formation of which has been suppressed by housing market conditions is the sum of the numbers each of which is a number calculated by the following formula for an age category of primary household maintainer:

number = (potential RH – actual RH) + (potential OH – actual OH)

(3) For the purposes of applying the formula in subsection (2), the number of potential renter households in an age category of primary household maintainer in the applicable area of the local government is the number calculated by the following formula:

number = population × renter headship rate

(4) For the purposes of applying the formula in subsection (2), the number of potential owner households in an age category of primary household maintainer in the applicable area of the local government is the number calculated by the following formula:

number = population × owner headship rate

(5) For the purposes of applying the formula in subsection (3), the headship rate for an age category of primary household maintainer is the rate calculated by the following formula:

(6) For the purposes of applying the formula in subsection (4), the headship rate for an age category of primary household maintainer is the rate calculated by the following formula:

(7) If a number calculated under subsection (2) for an age category of primary household maintainer would, but for this subsection, be a negative number, the number is deemed to be zero.

Housing units and anticipated household growth

20 (1) In this section, "projected number of private households" means the number of private households in an area 20 years after the most recent census as projected by the most recent report published by the minister, for the purposes of this regulation, on a publicly accessible website maintained by or on behalf of the government.

(2) For the purposes of section 16 (d) [calculating 20-year total number of housing units], the number of housing units required to meet the anticipated growth in households is the average of

(a) local household growth calculated under subsection (3), and

(b) regionally based household growth calculated under subsection (4).

(3) For the purposes of subsection (2), local household growth is the number calculated by the following formula:

number = local projected private households – private households

(4) For the purposes of subsection (2), regionally based household growth is the number calculated by the following formula:

Housing units and rental vacancy rate

21 For the purposes of section 16 (e) (ii) [calculating 20-year total number of housing units], the number of housing units required to increase a rental vacancy rate to 3% is the number calculated by the following formula:

Housing units and demand

22 (1) In this section, "factor" means the factor for the applicable area of a local government that is

(a) determined by the minister by reference to the price, by square foot, and the density of particular multi-family dwelling structural types in the applicable area of the local government, and

(b) most recently published by the minister, for the purposes of this section, on a publicly accessible website maintained by or on behalf of the government.

(2) For the purposes of section 16 (f) (i) [calculating 20-year total number of housing units], the number of housing units that reflect demand for housing is the number calculated by the following formula:

number = factor × (A + B + C + E)

Prescribed date for the receipt of interim report on housing needs

23 For the purposes of section 790 (2) [transition – interim report on housing needs] of the Act, the prescribed date is January 1, 2025.

11 The Schedule is repealed.

Appendix 2

1 Section 1 of the Vancouver Housing Needs Report Regulation, B.C. Reg. 91/2019, is amended

(a) in subsection (1) by adding the following definitions:

"CMHC" means the Canada Mortgage and Housing Corporation established by section 3 of the Canada Mortgage and Housing Corporation Act;

"private household" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada;

"rental vacancy rate", in relation to the city, means

(a) the rental vacancy rate published by CMHC for the city on the date closest to the most recent census, or

(b) if the rental vacancy rate referred to in paragraph (a) is not published by CMHC, the rental vacancy rate published by CMHC for the Province on the date closest to the most recent census; , and

(b) in subsection (2) by striking out "the meaning must be applied with the necessary changes" and substituting "the meaning, so far as it is applicable in this regulation, must be applied with the necessary changes".

2 Section 3 is amended

(a) in subsection (1) (a) by striking out "in each of the 3 most recent census reports" and substituting ", as set out in each of the 4 most recent census reports",

(b) by repealing subsection (1) (a) (iv), (b) and (d), and

(c) by repealing subsection (2) and substituting the following:

(2) As an exception to section 574.2 of the Act, the Council need not collect statistical information about projected population.

3 Section 4 is amended

(a) by striking out "in each of the 3 most recent census reports" and substituting ", as set out in each of the 4 most recent census reports,", and

(b) by repealing paragraphs (c), (d) and (e).

4 Section 5 is repealed and the following substituted:

Exception for significant economic sectors

5 As an exception to section 574.2 [collection of housing information] of the Act, the Council need not collect the information described in subsection (2) (c) of that section.

5 Section 6 is amended

(a) by repealing subsection (1) (d) and substituting the following:

(d) the number and percentage of housing units built in each of the following periods:

(i) 1970 or before;

(ii) 1971-1980;

(iii) 1981-1990;

(iv) 1991-2000;

(v) 2001-2010;

(vi) 2011-2020;

(vii) 2021 onwards; ,

(b) by repealing subsection (1) (f) and (g),

(c) by repealing subsection (1) (h) and substituting the following:

(h) in relation to rental prices of housing units, the average and median monthly rent; ,

(d) by repealing subsections (1) (i), (j), (m) and (n) and (2), and

(e) by adding the following subsection:

(4) As an exception to section 574.2 of the Act, the Council need not collect statistical information about housing units that are anticipated to be available.

6 Section 7 is amended

(a) by renumbering the section as section 7 (1),

(b) in subsection (1) (a) by striking out "in each of the 3 most recent census reports" and substituting ", as set out in each of the 4 most recent census reports", and

(c) by adding the following subsection:

(2) For the purposes of section 574.2 (2) (e) of the Act, the Council must collect the following information about housing units in the city for each of the 10 years before the date the city is required to receive a housing needs report:

(a) if available, the information described in section 6 (1) (h);

(b) if available, the following information in relation to the demolition, in whole, of housing units:

(i) the number of housing units demolished;

(ii) the number of housing units of each dwelling structural type demolished;

(iii) the number of housing units of each form of tenure demolished;

(iv) the number of housing units of each type of housing unit prescribed under section 2 demolished;

(c) if available, the following information in relation to the completion of housing units:

(i) the number of housing units substantially completed;

(ii) the number of housing units of each dwelling structural type substantially completed;

(iii) the number of housing units of each form of tenure substantially completed;

(iv) the number of housing units of each type of housing unit prescribed under section 2 substantially completed.

7 Section 8 is amended

(a) by renumbering the section as section 8 (1),

(b) in subsection (1) (a) by striking out "in each of the 3 most recent census reports" and substituting ", as set out in each of the 4 most recent census reports",

(c) in subsection (1) (b) by adding the following subparagraph:

(vii) housing in close proximity to transportation infrastructure that supports walking, bicycling, public transit or other alternative forms of transportation; ,

(d) by repealing subsection (1) (c),

(e) in subsection (1) by adding the following paragraphs:

(d) a description of the actions taken by the Council, since the date the Council last received a housing needs report under section 574.4 [when and how housing needs report must be received] of the Act, to reduce housing needs;

(e) a summary of the changes in, and related to, housing need since the date the Council last received a housing needs report under section 574.4 of the Act. , and

(f) by adding the following subsection:

(2) For the purposes of subsection (1) (d) and (e), an interim report on housing needs received by the Council under section 628 (2) [transition – interim report on housing needs] of the Act is a housing needs report received by the Council under section 574.4 of the Act.

8 The following sections are added:

Zoning bylaw review and update

9 For the purposes of section 565.08 (2) [zoning bylaws and housing needs reports] of the Act, the prescribed period is the period that ends on the date that is 2 years after December 31 of the year in which the Council received the most recent housing needs report under section 574.4 of the Act.

Calculating 5-year total number of housing units

10 (1) For the purposes of a 5-year period referred to in section 574.3 (c) (i) [content of housing needs report] of the Act, the total number of housing units in relation to the city is the sum, rounded to the nearest whole number, of all of the following numbers calculated in relation to the city:

(a) the number of housing units for households in extreme core housing need, calculated by dividing the number obtained under section 11 (a) by 4;

(b) the number of housing units for individuals experiencing homelessness, calculated by dividing the number obtained under section 11 (b) by 2;

(c) the number of housing units for households the formation of which has been suppressed by housing market conditions, calculated by dividing the number obtained under section 11 (c) by 4;

(d) the number of housing units required to meet the anticipated growth in households, calculated under section 11 (d) as modified by subsection (2) of this section;

(e) the number of housing units required, if any, to increase the rental vacancy rate to 3%, calculated by dividing the number obtained under section 11 (e) (i) or (ii), as applicable, by 4;

(f) the number of housing units that reflects the demand for housing in the city, calculated by dividing the number obtained under section 11 (f) by 4.

(2) For the purposes of calculating the number under subsection (1) (d) of this section, the reference in section 15 (1) to "20 years" must be read as if it were a reference to "5 years".

Calculating 20-year total number of housing units

11 For the purposes of a 20-year period referred to in section 574.3 (c) (ii) [content of housing needs report] of the Act, the total number of housing units in relation to the city is the sum, rounded to the nearest whole number, of all of the following numbers calculated in relation to the city:

(a) the number of housing units for households in extreme core housing need, calculated under section 12;

(b) the number of housing units for individuals experiencing homelessness, calculated under section 13;

(c) the number of housing units for households, the formation of which has been suppressed by housing market conditions, calculated under section 14;

(d) the number of housing units required to meet the anticipated growth in households, calculated under section 15 [housing units and anticipated household growth];

(e) one of the following:

(i) if the rental vacancy rate for the city is 3% or higher, zero housing units;

(ii) if the rental vacancy rate for the city is less than 3%, the number of housing units required to increase the rental vacancy rate to 3%, as calculated under section 16 [housing units and rental vacancy rate];

(f) the number of housing units that reflects the demand for housing in the city, calculated under section 17 [housing units and demand].

Housing units and extreme core housing need

12 (1) For the purposes of section 11 (a), the number of housing units for households in extreme core housing need is the number calculated by the following formula:

number = (average RHECHN rate × RH) + (average OHECHN rate × OH)

(2) For the purposes of applying the formula in subsection (1), the average rate of renter households in extreme core housing need is calculated by the following formula:

(3) For the purposes of applying the formula in subsection (1), the average rate of owner households in extreme core housing need is calculated by the following formula:

Housing units and homelessness

13 (1) In this section, "annual estimate report" means the annual report estimating the homeless population in British Columbia that is

(a) prepared under the provincial project known as the Preventing and Reducing Homelessness Integrated Data Project, and

(b) published on a publicly accessible website maintained by or on behalf of the government.

(2) For the purposes of section 11 (b), the number of housing units for individuals experiencing homelessness is the number calculated by the following formula:

Housing units and suppressed household formation

14 (1) In this section:

"age category of primary household maintainer" means the following age categories of primary household maintainer:

(a) 15 to 24 years of age;

(b) 25 to 34 years of age;

(c) 35 to 44 years of age;

(d) 45 to 54 years of age;

(e) 55 to 64 years of age;

(f) 64 to 74 years of age;

(g) 75 years of age or older;

"primary household maintainer" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada.

(2) For the purposes of section 11 (c), the number of housing units for households the formation of which has been suppressed by housing market conditions is the sum of the numbers each of which is a number calculated by the following formula for an age category of primary household maintainer:

number = (potential RH – actual RH) + (potential OH – actual OH)

(3) For the purposes of applying the formula in subsection (2), the number of potential renter households in an age category of primary household maintainer in the city is the number calculated by the following formula:

number = population × renter headship rate

(4) For the purposes of applying the formula in subsection (2), the number of potential owner households in an age category of primary household maintainer in the city is the number calculated by the following formula:

number = population × owner headship rate

(5) For the purposes of applying the formula in subsection (3), the headship rate for an age category of primary household maintainer is the rate calculated by the following formula:

(6) For the purposes of applying the formula in subsection (4), the headship rate for an age category of primary household maintainer is the rate calculated by the following formula:

(7) If a number calculated under subsection (2) for an age category of primary household maintainer would, but for this subsection, be a negative number, the number is deemed to be zero.

Housing units and anticipated household growth

15 (1) In this section, "projected number of private households" means the number of private households in an area 20 years after the most recent census as projected by the most recent report published by the minister, for the purposes of this regulation, on a publicly accessible website maintained by or on behalf of the government.

(2) For the purposes of section 11 (d) [calculating 20-year total number of housing units], the number of housing units required to meet the anticipated growth in households is the average of

(a) local household growth calculated under subsection (3), and

(b) regionally based household growth calculated under subsection (4).

(3) For the purposes of subsection (2), local household growth is the number calculated by the following formula:

number = local projected private households – private households

(4) For the purposes of subsection (2), regionally based household growth is the number calculated by the following formula:

Housing units and rental vacancy rate

16 For the purposes of section 11 (e) (ii) [calculating 20-year total number of housing units], the number of housing units required to increase a rental vacancy rate to 3% is the number calculated by the following formula:

Housing units and demand

17 (1) In this section, "factor" means the factor for the city that is

(a) determined by the minister by reference to the price, by square foot, and the density of particular multi-family dwelling structural types, in the city, and

(b) most recently published by the minister, for the purposes of this section, on a publicly accessible website maintained by or on behalf of the government.

(2) For the purposes of section 11 (f) [calculating 20-year total number of housing units], the number of housing units that reflect demand for housing is the number calculated by the following formula:

number = factor × (A + B + C + E)

Prescribed date for the receipt of interim report on housing needs

18 For the purposes of section 628 (2) [transition – interim report on housing needs] of the Act, the prescribed date is January 1, 2025.

9 The Schedule is repealed.

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