chapter19

Local Government Law

Disclaimer

This publication is for educational purposes only.
Information is subject to change without notice.
The UBC Group makes no warranties regarding the accuracy, completeness, or adequacy of the information.
The UBC Group is not liable for any losses or damages from the use of the information.
General principles are subject to local, provincial, and federal laws and regulations.
The publication is not intended to provide legal, accounting, or other professional advice.

Chapter 19 Learning Objectives

Describe the powers of the federal and provincial governments in regulating property use.
Explain how local governments derive their powers and the controls on those powers.
Identify the key enabling legislation for local governments in British Columbia.
Name the three levels of local government created by the Local Government Act, and describe the powers and governance of each.
Identify the four key objectives of planning controls at the local government level.
Describe the planning process in British Columbia.
Explain the nature and purpose of an official community plan.
Explain the nature and purpose of rural land use bylaws.
Discuss the nature and effect of zoning bylaws and how zoning bylaws are created, administered, enforced, and varied.
Explain the concept of rezoning.
Describe how land use contracts impact land use.
Define the concept of a non-conforming use.
Describe the purpose of a board of variance.
Discuss three key permits relating to the use and development of property.
Explain the process of subdivision and the role of the approving officer.
Discuss how building bylaws and licensing bylaws have an impact on land use.

Introduction

Property owners need to know what uses can be made of their property now and in the future.
Licensees must obtain and convey correct information about property use; failure to do so could result in liability.
This chapter focuses on restrictions imposed by local governments (villages, towns, cities, districts, or regional districts), referred to as planning regulations or land use controls.
The chapter also briefly deals with other municipal powers affecting property owners.
Property use may also be restricted by private agreements like building schemes or restrictive covenants.
Public authorities may provide information on private restrictions, but enforcement depends on private court action.
This chapter explores the role of local government rather than private controls.

The Three Levels of Government

Regulations controlling property use may be imposed by federal, provincial, and local governments.
Jurisdiction: A government's general power to exercise authority over persons and things within its territory.
An owner may apply for an exemption to provincial and/or municipal law regarding dwelling size restrictions.

The Federal Government

The federal government doesn't directly control property use within provinces but can exercise controls necessary to carry out its other powers.
The federal government has exclusive jurisdiction over airports; restrictions are in place regarding building heights near airports.
The Department of Fisheries has jurisdiction over certain rivers and regulates activities near them.
The federal government has exclusive jurisdiction over its own lands, which are not subject to municipal zoning regulations.
Federal regulations are encountered in special situations, while provincial or municipal regulations are encountered with respect to virtually every property in British Columbia.

The Provincial Government

The province has delegated most of the authority to regulate land use to local governments; however, it retains authority over certain land uses to maintain uniformity or for public policy reasons.

Agricultural Land Commission Act

In the early 1970s, the provincial government established the Agricultural Land Commission (ALC) and agricultural land reserves (ALRs).
Approximately 5 million hectares of land within ALRs cannot be used for non-farm purposes or subdivided without ALC approval.
One single-family dwelling per land registry parcel is permitted within ALR lands if permitted by zoning.
The total floor area of a principal residence must be $500m^2$ or less, although a local government may impose a lower size cap under their bylaws.
An additional dwelling may be approved by the ALC if it is necessary for farm use, but otherwise additional residences are prohibited (s.25(1.1) of the Agricultural Land Commission Act).
A "farm use" is defined as an occupation or use of land for farm purposes, including farming of land, plants and animals, and any similar activity designated as farm use by regulation.
The ALC may prescribe specific uses that constitute farm uses by regulation or order.
Objectives of the Act: to preserve land for agriculture and protect it from non-farm uses, including urban sprawl.
When ALRs were established, land title registrars attached appropriate notice to affected certificates of title.
Listed under the “Legal Notations” section of title, one will see the following: The above is not a charge but simply a notice that the property is within an ALR and is subject to the provi- sions of the Act, which may have a significant impact on how the property can be subdivided or used.
ALC precedence over certificates of title: Licensees dealing with land close to ALR boundaries or near farmland should always check with the ALC or the local government to determine if the property is located in the ALR.
The ALC has the power to:
- pass regulations affecting ALR land;
- exclude land from an ALR (an ALR landowner can apply to the ALC, through the local government, to have land excluded. Once excluded, the land is not subject to the Act, only to local land use bylaws and regulations);
- allow non-farm use of the ALR land (upon successful application, the land may be used for non-farm use but remains within the ALR and subject to the Act and local bylaws and regulations); and
- allow the subdivision of ALR land (upon successful application, the land may be subdivided but remains within the ALR and subject to the Act and local bylaws and regulations).
Local governments have land use planning and regulatory responsibilities for ALR land, but local legislation must be consistent with the Act and is subject to the ALC’s decisions.
Licensees dealing with land within or near an ALR should examine community plans or local bylaws to determine the effect of the Act on the property.

Public Health Act

The Public Health Act establishes public health departments responsible for maintaining public health.
The jurisdiction includes control over septic tank disposal fields as a private means of sewage disposal.
Municipal approval for land subdivision without a municipal sewer system requires proof of adequate septic system service.

Local Services Act

Some planning regulations are enforced in rural areas under the Local Services Act.
Most planning functions in rural areas are carried out by regional districts.
Information concerning these regulations is available from the regional district office for the particular area.

Islands Trust Act

Objective: preservation and protection of the unique amenities and environment of the Gulf Islands.
The provincial government assigned many of the planning powers contained in the Local Government Act to a body called a trust committee to simplify the planning process for the Gulf Islands.
Zoning, subdivision, and regional planning powers are exercised by the trust committee.
The Islands Trust Council comprises elected representatives from each local trust area plus the municipality of Bowen Island.
The Trust Council is responsible for establishing general policies for carrying out the objective of the statute as described above.

Transportation Act

The Transportation Act generally requires provincial approval before rezoning land within 800 metres of a controlled access highway intersection.
The Ministry of Transportation’s website provides a list of all controlled access highways in the province.

Environmental Management Act

The Environmental Management Act establishes a province-wide development screening process to identify sites with potential contamination problems.
The screening process is triggered when an applicant applies to a local government for development approval.
The second step is a determination of whether the subject property was ever the site of a former land use that could have potentially contaminated the soil (Schedule 2 of the Contaminated Sites Regulation).
If the property was the site of a prescribed activity listed in Schedule 2, then the applicant must provide a site profile to the relevant approving officer or municipality.
Site profile identifies potential contaminated sites; approving officers and municipalities receive, assess, and forward them to either the site registry or the provincial manager.
Development approval is frozen pending provincial approvals.
Licensees may commonly interact with the provisions of the Environmental Management Act and related local government bylaws in the context of underground storage tanks.

Heritage Conservation Act

A heritage site includes any land that has “heritage value” to the province, a local government, a first nations people, or other community.
Heritage value is broad and includes properties with historical, cultural, aesthetic, scientific, or educational worth.
A property can be designated as a heritage site by the province under the Heritage Conservation Act or by a local government under the Local Government Act.
These Acts regulate and prohibit the demolition, relocation, and alteration of both the interior and exterior of a property that is designated as a heritage or archaeological site.
Complying with restrictions may be costly for owners wishing to redevelop the property.
Heritage properties may also be subject to specific maintenance standards.
The Local Government Act sets out severe penalties for illegal alteration or destruction of protected heritage property.
The heritage designation typically runs with the land and binds future owners.
If the heritage building is destroyed, the owner may be required to rebuild a replica.
The designation may appear as a Legal Notation on title.
The province and many municipalities each have their own heritage registers.
The Heritage Conservation Act can apply even if a property hasn't been formally designated.
Entire neighbourhoods may be classified in a local government’s official community plan as a “Heritage Conservation Area”, for which restrictions on redevelopment may be in place.
The title search for properties located in a heritage conservation area may not include any indication of their status; therefore, searching title may not be determinative.

Local Government

Enabling legislation: A statute that grants an entity authorization or legitimacy of power to take certain actions.
Local government: Includes regional districts, municipalities, and improvement districts.
The province can create local governments and delegate provincial powers to them.
The creation, structure, and powers of local governments are set out in the Community Charter, the Local Government Act, and the Vancouver Charter.
The province may revoke or expand upon any of the powers granted to local governments by amending these statutes.
Local governments may only exercise powers granted by the province and may not go beyond them.
The Local Government Act serves as the principal enabling legislation for regional districts
Since 2004, the Community Charter contains the core enabling provisions for municipal governments – cities (other than Vancouver), towns, district municipalities, and villages.
The City of Vancouver is regulated by a separate statute called the Vancouver Charter.
The Local Government Act creates three different levels of local government:
1. regional districts;
2. municipal governments; and
3. local improvement districts.
These three levels of government have overlapping jurisdictional powers and geographical territories.

Regional Districts

The whole area of the province, with the exception of a small area in the extreme northwest corner of the province, has been divided into a number of regional districts
Each regional district is divided into smaller areas called electoral areas.
The role of regional districts varies depending on the extent of development within its boundaries.
In unorganized areas, the regional district assumes many of the roles that would otherwise be handled by a municipal government.
All regional districts have some general long term planning powers, and may request from the province the power to establish public housing, trunk sewer lines, sewage and garbage disposal facilities, and library facilities.
Each is managed by a board of directors composed of appointees from the municipalities within the regional district and a director elected from each electoral area within the regional district.

Municipal Governments

Municipality: A village, town, city, or municipal district to whom authority over local affairs has been delegated by the provincial government.
Most settled parts of the province are governed by one of four similar forms of municipal government: villages, towns, cities, or municipal districts.
The form of government generally depends on the population of the municipality.
All forms have virtually identical powers regarding planning regulations.
All are governed by an elected mayor and council consisting of four to eight councillors who hold office for four-year terms.
The planning and land use regulation powers of municipal governments will be dealt with later in this chapter.

Improvement Districts

The provincial government may establish improvement districts and grant them a wide variety of powers.
Powers are generally restricted to the construction, operation, or maintenance of utilities (water works, sewer or drainage systems, and electrical distribution systems) in generally rural areas.
The province usually establishes improvement districts after residents petition for the incorporation of such a district to establish and operate some desired service.
Improvement districts have the power to levy taxes, borrow money, expropriate land, and do anything else necessary to carry out their objectives.
Governed by elected trustees who may pass bylaws to carry out the district’s objectives.

Public Services

In more populated areas that have been incorporated, municipalities often provide these services to their residents, while regional districts often do so in unincorporated rural areas.
Both municipalities and regional districts, however, are merely permitted by the legislation to provide these services – they are generally not required to do so.
Where these services are not provided by a municipality or a regional district, then an improvement district may be established to provide services like water supply, sewers, or garbage collection to community residents.

The Rationale for the Regulatory System

Local governments adopt planning controls for technical and social considerations.
Technical: safe construction of buildings.
Social: preservation of single-family neighbourhoods.
There is usually a combination of both technical and social considerations.

Public Health and Safety

This is the most fundamental aspect of planning controls.
Examples: building code regulations to prevent the spread of fire, subdivision regulations to prevent health hazards created by improper water or sewer installations, and zoning regulations to control building in areas subject to flooding.

Protection of Property Values

Planning controls prevent substandard development and maintain property values.
Zoning controls ensure land use compatibility and prevent uses that adversely affect surrounding property values (e.g., industrial use in a residential area).

Efficiency, Convenience, and Appearance

Zoning and subdivision controls ensure community convenience and efficient installation of municipal utility systems and services.
Examples:
- Subdivision regulations that prohibit development in areas where there would be excessive costs to the municipality in installing sewer lines;
- Zoning regulations that encourage commercial development in the form of compact centres; and
- Zoning regulations that require landscaped areas around certain land uses such as parking lots to improve their appearance.

Conservation of Natural Resources

The best example of planning regulations with this objective are the agricultural land reserves established under the Agricultural Land Commission Act.
Examples: zoning and subdivision controls requiring the preservation of stream banks and ravines and the prevention of urban development in other ecologically sensitive areas.
Stream bank protections will impact how and where an owner can build on a property, often as much as 10 metres from the bank.

Ways Land Use May Be Regulated

Official Community Plans
Building Bylaws
Zoning Bylaws
Subdivision Bylaws
Permit Requirements
Land Use Contracts
Licensing Bylaws

The Planning Process

The planning process involves the interaction of the public, elected representatives, and professional planners.
The professional planners’ role is to act as advisors in analysing problems, studying alternative solutions, and recommending a course of action and a means of implementation.
Advisory planning commission: A committee made up of volunteer members of the public who advise the local government on planning and land use related matters.
The planning process usually proceeds through several stages of testing and revision of alternatives until the elected officials (e.g., the mayor and council- lors) are satisfied that what is proposed properly reflects the public interest.
The public is consulted, and opinions are obtained; however, the municipal council is responsible for adopting planning regulations.
The administration of adopted controls is left to paid officials, including planners, who issue permits or give approvals.
If something is done without the required permit or contrary to it, the local government has various means available, including court action, to require compliance.
An “advisory planning commission” is sometimes appointed by the municipal council.
These commissions are intended to be a representative group of civic- minded residents who devote their time to careful review of planning proposals and give advice to the elected decision-makers.
Community planning is dealt with in Part 14 of the Local Government Act; however, as this Act is generally permissive rather than mandatory, local governments can, but are not required to, adopt the powers available to them.
You will often find very different planning controls when comparing one area to another.

Official Community Plans

Official community plan: A high level, long-term plan intended to guide the direction of development and growth of a local government.
A municipality, and in some circumstances a regional district, may, but is not obligated to, adopt an “official community plan” (OCP) for any land within its area of jurisdiction.
These plans are called OCPs in all areas of British Columbia, except in Vancouver there are “official development plans” in addition to neighbourhood community plans.
The purpose behind an OCP is to encourage local governments to prepare long range plans dealing with future development of their area.
OCPs require local governments to plan their future growth and their financial ability to handle such growth.
OCPs also provide property owners with guidance as to the long term plans of local governments.
An OCP defines the policy of a local government in terms of existing and proposed land use and servicing requirements, and must contain policies on the following specific topics:
- the location, amount, type, and density of residential development required to meet anticipated housing needs over a period of at least five years;
- the location, amount, and type of present and proposed commercial, industrial, institutional, agricultural, recreational, and public utility land uses;
- restrictions on the use of land that is subject to hazardous conditions such as rock slides or is environmentally sensitive to development;
- location and phasing of major highways, trunk sewers, and water lines; and
- location and type of present and proposed public facilities.
The OCP will include one or more maps of the local government which designate all property to a specific land use designation, such as residential or commercial.
Some designations will reflect current land use, while others will be for the intended future use.
An OCP is usually prepared by the municipal or district staff at the request of the council or regional board.
Procedural steps must be taken before an OCP is adopted; the most important step is holding one or more public hearings where members of the public have an opportunity to express their opinion on the draft OCP, after which the OCP may be adopted by bylaw.
Adoption of an OCP doesn't commit or authorize a municipality or regional district to proceed with any project specified in the plan, nor is the OCP a zoning bylaw; however, all bylaws enacted, permits issued, and work undertaken by the local government subsequent to the enactment of an OCP, must be consistent with that plan.
For example, if the OCP designates certain lands as agricultural, a municipality may not rezone the lands to permit a residential development. That rezoning bylaw would be inconsistent with the OCP. If a municipality wishes to rezone lands to a use inconsistent with its OCP, it must first amend the OCP so that the proposed rezoning is consistent with the OCP as amended.

Rural Land Use Bylaws

A regional district may adopt rural land use bylaws for areas designated by the minister responsible for municipal affairs as rural planning areas.
The purpose behind a rural land use bylaw is to consolidate, in a single bylaw, guidelines similar to an OCP along with regulations governing zoning and related matters.
A rural land use bylaw won't generally be as detailed or comprehensive as an OCP or a zoning bylaw, but upon adoption, it has the same effect as an OCP and zoning bylaw.
A rural land use bylaw may be used because it is simpler and less costly than the more common planning regulations.

Zoning

Zoning: The division of a region into separate districts with different regulations for land use.
OCPs divide the area within a local government’s boundaries into land use designations, which designate current or intended future use of a property.
Zoning bylaws regulate only current land use (i.e., how the land may be used now) and divide the local government into land use zoning districts, commonly referred to as zones.
Virtually every parcel of real estate in the province will be affected by a zoning bylaw which places some restriction on the use of that property, the location of buildings on the property, and the form or shape of buildings that are permitted.
The Zoning Bylaw
Zoning bylaws usually consist of three parts:
1. the official map which shows the location of each zone;
2. general administrative and interpretation sections applicable to all or most zoning districts; and
3. regulations applicable to each particular zoning district, such as what uses are permitted.
The official zoning map depicts the location of each zone, similar to how an OCP map depicts different designations.
The zoning districts are usually identified on the map by symbols that abbreviate the name of the district. For example, residential single-family districts may be designated (R.S.). Where there is more than one district under a major land use classification, for example, different density zones for multiple-family residential district (R.M., from “Residential, Multiple Family”), additional subscripts will be used (e.g., R.M.-l, R.M.-2, R.M.-3, etc.). While there are no mandatory standardized naming conventions for zoning districts in British Columbia, in practice, naming of zones is fairly consistent across jurisdictions. Generally (although with numerous exceptions), “A” refers to agricultural use, “R” is the basis for various residential uses, “I” is for institutional uses such as hospitals, and “M” is for industrial use. “CD” zones refer to “Comprehensive Development” zones which are site-specific zones for that particular parcel or parcels of land. Zoning district boundaries will usually follow property lines or the centre lines of streets and lanes.
Each municipality or regional district will usually have only one or two copies of the official zoning maps that are certified as being correct and up-to-date.
To ascertain the correct zoning, it is necessary to refer to the official map(s) typically available online or contact the planning department.
In addition to restricting land uses, most zoning bylaws include a large number of other regulations.

Restrictions

Restrictions on the number of buildings on a lot: In most cases, the zoning bylaw will not permit more than one building on a lot but some allowance will be made for accessory buildings such as a garage or greenhouse. In the last 10 years, it has become more commonplace in urban municipalities for a zoning bylaw to permit a secondary house, known as a “laneway” or “coach” house to be constructed on the same parcel as a single family dwelling.
Set-backs and yards: Zoning bylaws will usually provide that buildings must be set back from the property lines and will contain the specific dimensions for these set-backs or side yard requirements in the different zones. The method of measurement of the set-back will usually be covered in the general regulations and will usually exclude projections such as bay windows, balconies, steps, etc.
Height: Zoning bylaws usually limit the maximum height of buildings either in metres or in number of storeys.
Density: Zoning bylaws will sometimes limit the density of buildings or use on a parcel. In such cases, density is frequently measured in terms of the total floor area of the building in relation to the size of the lot. Various terms are used for this ratio, the most common of which is “floor area ratio” or “floor space ratio”.
Floor space ratio: A measure of density commonly used to regulate building on lands. A floor space ratio of 0.5 applied to a lot with an area of 1,000 square metres would mean that a total floor area of 500 square metres could be built on the property, regardless of the number of storeys of the building
Another way of measuring density is by the number of dwelling units per hectare or by prescribing the minimum lot area per dwelling.
Home occupations:
These are generally permitted in residential areas to allow for incidental income producing activities that are not a nuisance to the neighbours. They are frequently regulated by prohibiting advertising, outside storage, or the employment of anyone who does not reside within the dwelling.
Off-street loading and parking: Almost all zoning bylaws contain general regulations for off-street parking and loading. The first part of the regulations establish the required number of parking spaces or loading bays that must be provided. The number is in terms such as spaces per 1,000 square metres of floor area in a commercial building, per suite in an apartment, or per seats in an auditorium. The second part of the regulations establish the minimum dimensions for parking bays. The zoning bylaw will contemplate “off-street” parking, which occurs on private property. On-street parking may be regulated through other bylaws of the local government, and may include a parking permitting scheme.
Signs: Zoning bylaws often regulate the size, design, and location of advertisement signs in the municipality.

Specific Regulations

In addition to the above commonly-regulated matters, a zoning bylaw may also provide for regulation of specific issues; these include secondary suites and short-term tourist accommodation, such as AirBnB.

Secondary Suites

Regulation of secondary suites is common and sensitive.
Many homes include “mortgage helpers” in the form of secondary suites.
In some provinces, secondary suites are permitted everywhere, but in British Columbia, local governments retain the ability to regulate this use through the zoning power.
Secondary suites occupied by extended family members (also known as “in-law” suites) are permitted.
Secondary suites which are entirely self-sufficient from the principal single family home and which are occupied by unrelated individuals might not be permitted under the zoning bylaw.
Furthermore, an existing secondary suite may have been constructed without proper building permits and inspection. In these cases, the property is said to contain an “illegal suite”; however, one might see terms such as “unauthorized accommodation” (the preferred term of the British Columbia Financial Services Authority) or “non-conforming suite”.
Many local governments, recognizing the utility or necessity of secondary suites, have taken a non-enforcement approach to secondary suites which are not permitted under the zoning bylaw, provided that such suites are not the subject of complaints by neighbours.
Illegal suites, where concerns over health and safety are present, may attract greater attention of a municipality’s bylaw enforcement officers.
The key risk in owning a property with an illegal secondary suite is that, upon discovery by the local government, the property owner may be required to do what is necessary to bring the suite into accordance with the current building codes and bylaws, demolish the suite, and/or pay monetary fines.
A client should never be led to believe that the income from an illegal secondary suite is guaranteed.
The simplest method that a licensee can use to determine the legality of a secondary suite is to make an inquiry to the relevant local government.

Short-Term Tourist Accommodation

Another form of regulation through the zoning bylaw that has recently attracted attention is short-term tourist accommodation, such as AirBnB or VRBO.
Historically, zoning regulations could relatively easily distinguish between residential uses and uses which accommodated travellers, such as hotels. However, the distinction has become less clear in recent years as home-owners utilize the “sharing economy” by renting their homes to travellers on a short-term basis.
In response to public pressure, many local governments have implemented zoning rules which prohibit short-term accommodation, usually defined as stays less than 30 days.
Licensees are advised to determine whether short-term rentals are permitted in a particular municipality.
Other considerations include:
- Strata issues:
  - A given strata corporation’s bylaws may limit short-term rentals and provide for fines for contraventions.
- Insurance issues:
  - A simple homeowner’s policy may not provide for adequate coverage for such activity.
- Tax issues:
  - Owners conducting such activities may have goods and services tax (GST), provincial sales tax (PST), and income tax obligations.

Infill housing

There often is a lot of confusion about the difference between infill, laneway, coach, and carriage homes.
Generally, laneway, coach, and carriage homes are all forms of infill housing.
Coach and carriage homes are often the same thing.
They may be strata titled, in which case they can be sold separately from the main house and must adhere to the Strata Property Act.
Laneway homes often cannot be sold separately from the main house as both the laneway home and main house are within the same legal lot.
It is important to recognize that the legal structure rather than the name given to the various types of infill homes will determine whether or not they can be sold separately from the main home.
Local government bylaws provide for certain floor space ratio, setback, and other building requirements for all types of infill housing.

Rezoning

Amendment: A change to an existing regulation, such as a zoning bylaw, authorized by a majority vote of an elected council or board.
A zoning bylaw may be amended by a municipal council or regional district by passing a bylaw amending the existing bylaw.
A council or regional district may begin the rezoning process on its initiative or, as is usually the case, upon receiving an application from a property owner.
An applicant for rezoning will generally have to show that they either own the land which is being rezoned or have been authorized by the owner to make the application.
In addition, most local governments charge a fee for this application, based on the number of lots being rezoned.
A staff member will review the application and will provide the applicant with informal comments as to the acceptability of the proposed rezoning.
The staff member may require that additional information be supplied such as architectural plans, traffic studies, market studies and so forth, depending on the nature and complexity of the proposed rezoning.
Any rezoning bylaw must be given four readings by the elected officials, or in other words, the council or regional district board must vote in favour of the bylaw on four separate occasions.
The staff member responsible for any particular rezoning will generally prepare a report commenting on the proposed rezoning and will submit it to the council or board for a first reading or first vote.
If the elected officials are supportive of the rezoning in principle, the elected officials will vote in favour, also known as “first reading”, and by voting in favour of it, authorize staff members to proceed with their negotiations with the applicant.
If they vote against the bylaw, the application will not proceed.
After a favourable first (or sometimes second) reading, most local governments will require that a public hearing be held.
Typically, a written notice of the public hearing will be mailed to neighbouring properties.
At the public hearing, the applicant will usually give a short presentation and will be asked questions about the proposal by the elected officials.
After the hearing, the council or regional district board may pass the bylaw as originally proposed, they may change it to reflect the representations that have been made at the public hearing, or they may refuse to pass it at all.
The public hearing is the opportunity for members of the public to have their say and provide their input on the proposed rezoning.
Public hearings can sometimes be quite contentious, depending on the nature of the proposal and the perceived impacts.
Assuming the council or board is in favour of the rezoning proposal, they will vote in favour of the proposal, subject to the applicant meeting a number of requirements including, for example, giving the municipality some land to allow for the widening of a road or for park purposes and requiring the developer to pay for the widening of roads and the installation of new utility lines.
It is only after the developer has either complied with all of these requirements or posted security with the local government to ensure that they will comply (generally by a letter of credit) that the council or board gives the bylaw its fourth and final reading.
The timeframe for a successful rezoning may vary by property and across jurisdictions. In some rare cases, a rezoning could be granted in as little as four months from submission of the application, whereas more complicated rezonings may take two or three years to complete.
Under the Local Government Act, a municipality or regional district is not liable for any claim for compensation by a property owner as a result of passing, amending, or repealing a zoning bylaw (or OCP).
If a municipality rezones land from commercial use to single family residential, the property owner cannot claim compensation, even though the land may have become less valuable.

Land Use Contracts

From 1971 until 1978, the Municipal Act, but not the Vancouver Charter, contained a provision for adopting a special type of zoning bylaw amendment known as a land use contract.
The bylaw took the form of a contract made between the property owner and the local government and would often provide detailed plans showing what the property owner could build on the lands.
The land use contract concept was designed to give traditional zoning site-by-site flexibility.
A land use contract may apply to only one property or may apply to many different properties (e.g., a land use contract on each parcel that a developer developed through the subdivision of a larger parcel of land).
Land use contracts had to be registered as restrictive covenants in the land title office after formal adoption.
As of 1978, land use contracts may no longer be created, but those adopted prior to that time can still be amended by agreement of the local government and the owner, and in any event, most likely remain in force unless the property owner and the local government agree to termination.
If there is any doubt as to the validity or enforceability of a land use contract, a licensee should refer their client to a lawyer for advice on the matter.
While a licensee can generally find out from local government officials the details of a given land use contract, the surest source of such information is a land title search of the document itself.
Municipal staff may be useful resources in interpreting the regulations under the land use contract, but if licensees find themselves dealing with land that is affected by a land use contract, the licensee should advise the parties to seek legal advice.
In 2014, the Local Government Act was amended to provide for termination of all land use contracts by 2024, with the power to terminate earlier.
Local governments may pass a bylaw to cancel the contract for a particular property prior to 2024.
The effective date of the cancellation would be at least one year after the passing of the bylaw.
The Act makes it clear that there will be no compensation awarded for loss or damage that results from the termination of a land use contract.
However, if the land is lawfully used when the land use contract is terminated, the non-conforming use will be permitted to continue.
Recently, many local governments have started the process of terminating land use contracts contemplated by the 2014 amendments, often passing bylaws that will terminate many land use contracts at the same time rather than undertaking the time-consuming legislative task of terminating one land use contract at a time