In 2023, the Government of British Columbia passed several new pieces of legislation intended to help fulfill the Homes for People plan and address housing needs for residents across the province. These changes include Bill 44: Housing Statues Amendment Act, which aims to improve housing supply and affordability, expedite approval processes for residential projects and allow greater density than traditionally permitted. Under the new legislation, all local governments must review and amend land use bylaws to allow housing at the prescribed density by June 30, 2024.
The impacts of these legislative changes vary from community to community, and even between neighborhoods, depending on factors such as population and proximity to transit. See below for information about how the new provincial legislation affects property owners in Electoral Areas East and West.
For more information on the new provincial amendments, requirements, and bills, visit the Province's website. Questions about the provincial mandates should be directed to the B.C. Planning and Land Use Management Branch at PLUM@gov.bc.ca.
See this printable FAQ for more information.
| What does Bill 44 mean for residents in Electoral Area East and West? |
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Bill 44 requires that a secondary suite be permitted on properties in all single-family residential zones within the two RDCO electoral areas; Electoral Area East and Electoral Area West. To meet the requirements of Bill 44, the Regional Board approved first reading of Zoning Amendment Bylaw No. 871-288 on May 23, which proposes adding secondary suites as a permitted use in thirteen residential zones and amended the zoning of 29 lots that had been rezoned under the RDCO’s previous process for permitting suites. The new regulations will be considered for adoption on June 13, 2024. |
| Do I still need to apply for a rezoning to allow a secondary suite? |
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No, a site-specific zoning amendment will no longer be required. Once approved, the new regulations will allow for one suite within the principal dwelling in all residential zones that allow single family dwellings. It is important to note that this does not outright allow secondary suites on ALL properties. Properties must still apply for a Building Permit to ensure adequate site servicing and building code compliance can be achieved for the property. Site-specific constraints may mean that it will not be feasible to develop a suite on all lots. |
| How large can a suite be? |
| The maximum gross floor area of a secondary suite is 100m2 (1076 sq. ft.) |
| How much does an application for a permit for a secondary suite cost? |
| A $520 Building permit application fee + 1.2% of the total construction cost is required for proposals to add a suite to an existing single-family dwelling, or for new builds that incorporate a suite. There may also be costs associated with determining whether your onsite wastewater disposal system and water supply is suitably designed for an additional dwelling unit. |
| Can I add a secondary suite in my primary residence as well as a bed and breakfast on my property? |
| No, the intent of the new legislation is to create additional stable/long-term housing opportunities throughout the province. A bed and breakfast is not permitted if a secondary suite exists, and suites may not be used as a short-term vacation rental. |
| Can I add a secondary suite in my primary residence if I have an accessory home on my property? |
| No, under the legislation the RDCO may choose to permit a suite or an accessory home. Although accessory homes are permitted on A1, RU1 and RU2 properties that are over 3.8ha in size, a secondary suite is not permitted if an accessory home exists. |
| Does this amendment apply to RDCO Joe Rich Rural Land Use bylaw? |
| No, rural land use bylaw areas such as Joe Rich are exempt from the legislation’s requirements. Joe Rich residents who wish to develop a secondary suite may apply for a land use designation amendment. |
| Can I add or build a secondary suite without a building permit? |
| No, a building permit must be obtained to build a secondary suite. Property owners with suites that were not previously permitted should contact RDCO Inspection Services for guidance on how to legalize the dwelling. |
| What design requirements should be considered for suites? |
A secondary suite must:
Please note: Site-specific constraints may mean that it will not be feasible to develop a suite on all lots.
Apply for a building permit. |
Overview of provincial changes
| New legislation | Summary | Impact to RDCO Electoral Areas |
|---|---|---|
| Bill 44: Small-scale multi-unit housing | Under Bill 44, all local governments must review and amend land use bylaws to allow housing at the prescribed density by June 30, 2024. |
Bill 44 requires that a secondary suite be permitted on properties in all single-family residential zones within the two RDCO electoral areas; Electoral Area East and Electoral Area West. Site-specific constraints may mean that it will not be feasible to develop a suite on all lots. To meet the requirements of Bill 44, the Regional Board approved 1st reading of Zoning Amendment Bylaw No. 871-288 on May 23, to allow secondary suites as a permitted use in thirteen residential zones and amended the zoning of 29 lots that were previously rezoned under the RDCO’s previous process for permitting suites. |
| Bill 46: New Development Finance Tools | Development Cost Charges and Levies (DCCs), and Amenity Cost Charges (ACCs) are regulatory tools that help local governments finance ongoing development within their communities | DCCs primarily support growth-related capital infrastructure investments. The changes introduced by Bill 46 now permit collection of DCCs for fire, police and wastewater facilities (previously not permitted). ACCs may support capital investment into additional categories such as community centres, recreation facilities, libraries and daycares. The implications of Bill 46 for the RDCO electoral areas is nominal compared to the impacts and opportunities in municipal areas where housing growth is expected to be more significant. |
| Housing Needs Reports (HNR) | All local governments are required to update their Housing Needs Reports using a standard method on a regular basis for a more consistent, robust understanding of local housing needs over 20 years. Interim Housing Needs Reports must be completed by January 1, 2025. | RDCO staff are working to complete an Interim Housing Needs Report for January 1, 2025. |
| Public hearings | To speed up the building of homes for people and support pro-active planning, one-off, site-by-site public hearings for rezonings have been phased out for housing projects that are consistent with Official Community Plans. | Public hearings will no longer be held for proposals that align with the Official Community Plan. On May 23, the Regional Board adopted Bylaw No.1550, Amendment No.1 to Development Application Procedures Bylaw No.1527, which outlines the process for when a public hearing is mandatory, not required or prohibited by legislation. |
| Bill 47: Transit Oriented Areas (TOA) | New legislation will require some municipalities to designate Transit-Oriented Development Areas (TOD Areas) near transit hubs. These TOD Areas are defined as areas within 800 metres of a rapid transit station and 400 metres of a bus exchange. Within these areas, the legislation outlines specific density and parking requirements. | No impact to the RDCO electoral areas as there are no Transit Oriented Development Areas. |