Authors: Jennifer Williams and Anna Schlagintweit
Update: Bill 47 receives royal assent in British Columbia. Read our full update here.
In a bid to encourage more transit-oriented housing, the Government of British Columbia has introduced Bill 47: Housing Statutes (Transit-Oriented Areas) Amendment Act, 2023 (“Bill 47”).
Bill 47, if passed, will require municipal governments to designate land within 800 meters of rapid transit stations, such as SkyTrain stations, and within 400 meters of major bus exchanges as transit oriented development areas (“TOAs”). Once a municipal government identifies a TOA, they will be required to meet certain zoning requirements regarding height and density, which will peak at the centre of the TOA, in the areas immediately surrounding the rapid transit station or major bus exchange (each a “public transit hub”), and provide for the least density in the areas furthest away from the public transit hub within the TOA. The form of transit will also be relevant, with increased minimum requirements for height and density for some types of public transit hubs, such as SkyTrain stops. Finally, the size of the metro area will also impact zoning requirements, with municipalities being grouped into Metro Vancouver, medium-sized municipalities, including Victoria and Kelowna, and other qualifying areas. While the specific zoning requirements have not yet been finalized, the current policy framework envisions at its most extreme all projects within 200 metres of rapid transit stations in Metro Vancouver being condo towers with a minimum height of 20 stories and floor-area ratio of at least five. The full draft policy framework is available below.
Graphic provided by the Government of BC., https://news.gov.bc.ca/files/TOD_Areas_PolicyFramework.pdf.
As Bill 47 only establishes minimum requirements, municipalities will remain free to allow taller and more dense projects.
To further support development around public transit hubs, Bill 47 will also remove parking minimums under current zoning requirements, freeing up more space for development. Only minimal parking requirements will remain, such as parking requirements in place to accommodate persons with disabilities, and Bill 47 will not affect commercial parking requirements within TOAs.
The Province’s preliminary analysis indicates that Bill 47 could increase the number of housing units in TOAs by 100,000 over the next ten years.
Note: Bill 47 was introduced along with Bill 44: Housing Statutes (Residential Development) Amendment Act, 2023. You can read more about Bill 44 on our blog post. Where Bill 47 and 44 overlap, the higher minimum height and density requirements between the two will be adopted.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.