Definitions

1   (1) In this regulation:

"Act" means the Local Government Act;

"adequate", in relation to housing, means that, according to the residents in the housing, no major repairs are required to the housing;

"BC Assessment" means the British Columbia Assessment Authority continued under the Assessment Authority Act;

"census" means a census of population undertaken under the Statistics Act (Canada);

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

"census report" means the information contained in a return of a census;

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

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

"core housing need" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada;

"dwelling structural type" means the structural characteristics or dwelling configuration of a housing unit, such as, but not limited to, the housing unit being a single-detached house, a semi-detached house, a row house, an apartment in a duplex or in a building that has a certain number of storeys, or a mobile home;

"extreme core housing need" has the same meaning as core housing need except that the household has shelter costs for housing that are more than 50% of total before-tax household income;

"form of tenure" has the same meaning as in section 455 of the Act;

"household" means a person or a group of persons who occupy the same housing unit;

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

"migrant" means a migrant within the meaning of the Mobility and Migration Reference Guide, published by Statistics Canada for the 2016 census;

"mobility status" means a mobility status within the meaning of the Mobility and Migration Reference Guide, published by Statistics Canada for the 2016 census;

"NAICS" means the North American Industry Classification System (NAICS) Canada 2012, published by Statistics Canada;

"NAICS sector" means a sector established by the NAICS;

"non-migrant" means a non-migrant within the meaning of the Mobility and Migration Reference Guide, published by Statistics Canada for the 2016 census;

"non-mover" means a non-mover within the meaning of the Mobility and Migration Reference Guide, published by Statistics Canada for the 2016 census;

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

"participation rate" means the total labour force in a geographic area, expressed as a percentage of the total population of the geographic area;

"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;

"primary rental market" means a market for rental housing units in apartment structures containing at least 3 rental housing units that were purpose-built as rental housing;

"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;

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

"secondary rental market" means a market for rental housing units that were not purpose-built as rental housing;

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

"short-term rental" means the rental of a housing unit, or any part of it, for a period of less than 30 days;

"subsidized housing" has the same meaning as in the Dictionary, Census of Population, 2016, published by Statistics Canada.

(2) If a definition in subsection (1) refers to a meaning in the Dictionary, Census of Population, 2016, published by Statistics Canada, the meaning, so far as it is applicable in this regulation, must be applied with the necessary changes.

[am. B.C. Reg. 152/2024, App. 1, s. 1.]

Prescribed types of housing units

2   For the purposes of section 585.41 (2) (d) [prescribing types of housing units] of the Act, the following types of housing units are prescribed:

(a) housing with no bedrooms;

(b) housing with one bedroom;

(c) housing with 2 bedrooms;

(d) housing with 3 or more bedrooms.

Statistical information about population

3   (1) For the purposes of section 585.21 (2) (a) [collection of statistical information about current population] of the Act, a local government must collect the following statistical information about the current population of the applicable area of the local government, and in the case of a regional district, about the current population of each electoral area:

(a) the following information, as set out in each of the 4 most recent census reports:

(i) the population;

(ii) the average age of the population;

(iii) the median age of the population;

(iv) Repealed. [B.C. Reg. 152/2024, App. 1, s. 2 (b).]

(v) the number of households;

(vi) the average number of persons in a household;

(vii) the number and percentage of households of 1-person households, 2-person households, 3-person households, 4-person households and households with 5 or more persons;

(viii) the number and percentage of households for each form of tenure;

(ix) the number and percentage of renter households in subsidized housing;

(x) the number of persons in the applicable area who had the following mobility statuses:

(A) migrant;

(B) non-migrant;

(C) non-mover;

(b) Repealed. [B.C. Reg. 152/2024, App. 1, s. 2 (b).]

(c) if applicable, the number of students enrolled in post-secondary institutions located in the applicable area or electoral area.

(d) Repealed. [B.C. Reg. 152/2024, App. 1, s. 2 (b).]

(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.

[am. B.C. Reg. 152/2024, App. 1, s. 2.]

Statistical information about household income

4   For the purposes of section 585.21 (2) (b) [collection of statistical information about household income] of the Act, a local government must collect the following statistical information, as set out in each of the 4 most recent census reports, about before-tax household income, if available, in the applicable area of the local government, and in the case of a regional district, about the household income in each electoral area:

(a) the average household income;

(b) the median household income;

(c)-(e) Repealed. [B.C. Reg. 152/2024, App. 1, s. 3 (b).]

(f) the average and median household income of renter households;

(g) the average and median household income of owner households.

[am. B.C. Reg. 152/2024, App. 1, s. 3.]

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.

[en. B.C. Reg. 152/2024, App. 1, s. 4.]

Information about housing units

6   (1) For the purposes of section 585.21 (2) (d) [collection of information about housing units] of the Act, a local government must collect the following information about currently available housing units in the applicable area of the local government, and in the case of a regional district, about currently available housing units in each electoral area:

(a) the number of housing units;

(b) the number and percentage of housing units of each dwelling structural type;

(c) the number of housing units of each type prescribed under section 2;

(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;

(e) the number of housing units that are subsidized housing;

(f)-(g) Repealed. [B.C. Reg. 152/2024, App. 1, s. 5 (b).]

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

(i)-(j) Repealed. [B.C. Reg. 152/2024, App. 1, s. 5 (d).]

(k) in relation to the rental of housing units, if available,

(i) the number of housing units in the primary rental market,

(ii) the number of housing units in the secondary rental market, and

(iii) the number of short-term rental units;

(l) if applicable, the number of housing units in a housing cooperative;

(m)-(n) Repealed. [B.C. Reg. 152/2024, App. 1, s. 5 (d).]

(o) if applicable, the number of beds provided for students by post-secondary institutions located in the applicable area or electoral area;

(p) if applicable, the number of beds provided by shelters for individuals experiencing homelessness and the number of housing units provided for individuals at risk of experiencing homelessness.

(2) Repealed. [B.C. Reg. 152/2024, App. 1, s. 5 (d).]

(3) For the purposes of section 585.21 (2) (d) of the Act, a local government must collect the following information in relation to new homes registered under the Homeowner Protection Act from 2016 onwards in the applicable area of the local government, and in the case of a regional district, in each electoral area:

(a) the number of new homes registered;

(b) the number of new homes registered of each dwelling structural type;

(c) the number of new homes registered that were purpose-built as rental housing.

(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.

[am. B.C. Reg. 152/2024, App. 1, s. 5.]

Additional information

7   (1) For the purposes of section 585.21 (2) (e) [collection of other information] of the Act, a local government must collect the following information for the applicable area of the local government, and in the case of a regional district, for each electoral area:

(a) if available, the following information in relation to core housing need, as set out in each of the 4 most recent census reports:

(i) the number and percentage of households in housing that is not affordable;

(ii) the number and percentage of households in housing that is not affordable by form of tenure;

(iii) the number and percentage of households in housing that is not adequate;

(iv) the number and percentage of households in housing that is not adequate by form of tenure;

(v) the number and percentage of households in housing that does not meet housing suitability;

(vi) the number and percentage of households in housing that does not meet housing suitability by form of tenure;

(b) the unemployment rate;

(c) the participation rate;

(d) the number and percentage of employees in the labour force who commute within a census subdivision;

(e) the number and percentage of employees in the labour force who commute to a different census subdivision within a census division;

(f) the number and percentage of employees in the labour force who commute to a different census division within British Columbia;

(g) the number and percentage of employees in the labour force who commute to another province or territory.

(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.

[am. B.C. Reg. 152/2024, App. 1, s. 6.]

Content of housing needs report

8   (1) For the purposes of section 585.3 (c) (iii) [any other prescribed information] of the Act, a local government must include in a housing needs report, in relation to the applicable area of the local government, all of the following:

(a) if available, the following information, as set out in each of the 4 most recent census reports:

(i) the number and percentage of households in core housing need;

(ii) the number and percentage of households in core housing need by form of tenure;

(iii) the number and percentage of households in extreme core housing need;

(iv) the number and percentage of households in extreme core housing need by form of tenure;

(b) a statement about current needs and anticipated needs for each of the following:

(i) affordable housing;

(ii) rental housing;

(iii) special needs housing;

(iv) housing for seniors;

(v) housing for families;

(vi) the number of beds in shelters for individuals experiencing homelessness and the number of housing units for individuals at risk of experiencing homelessness;

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

(c) Repealed. [B.C. Reg. 152/2024, App. 1, s. 7 (c).]

(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.

(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.

(2) Subject to this regulation, a regional district must provide a housing needs report that sets out the required information under the Act and this regulation for each electoral area.

(3) A local trust committee must provide a housing needs report for the local trust area for which it is the local trust committee.

[am. B.C. Reg. 152/2024, App. 1, s. 7.]

Electoral areas with population of less than 100

9   (1) Electoral areas with a population of less than 100, as determined by the most recent census, is a prescribed class.

(2) As an exception to sections 585.21 [collection of housing information] and 585.3 (b) and (c) [content of housing need report] of the Act, a regional district need not collect information described in section 585.21 of the Act or include information described in section 585.3 (c) of the Act in a housing needs report for an electoral area in the class prescribed under subsection (1) of this section.

[am. B.C. Reg. 152/2024, App. 1, s. 8.]

Local trust area

10   (1) The information required to be collected under section 585.21 of the Act need not be collected for the Ballenas-Winchelsea Local Trust Area.

(2) A housing needs report need not include the matters described in section 585.3 (c) of the Act for the Ballenas-Winchelsea Local Trust Area.

Indigenous land

11   (1) In this section, "Indigenous land" means the following:

(a) treaty lands of a Treaty First Nation;

(b) Nisg̱a'a Lands;

(c) Nisg̱a'a Fee Simple Lands as defined in the Definitions Chapter of the Nisg̱a'a Final Agreement;

(d) shíshálh lands, as defined in section 2 (1) of the shíshálh Nation Self-Government Act (Canada);

(e) a reserve, as defined in section 2 (1) of the Indian Act (Canada);

(f) other Maa-nulth First Nation Lands as defined in the Definitions Chapter of the Maa-nulth First Nations Final Agreement;

(g) other Tla'amin Lands as defined in the Definitions Chapter of the Tla'amin Final Agreement;

(h) other Tsawwassen Lands as defined in the Definitions Chapter of the Tsawwassen First Nation Final Agreement.

(2) The information required to be collected under section 585.21 of the Act need not be collected for Indigenous land in an applicable area.

(3) A housing needs report need not include the matters described in section 585.3 (c) of the Act for Indigenous land in an applicable area.

[am. B.C. Regs. 123/2024, Sch., s. 5; 152/2024, App. 1, s. 9.]

Electoral Area A of the Metro Vancouver Regional District

12   As an exception to sections 585.21 [collection of housing information] and 585.3 (b) and (c) [content of housing needs report] of the Act, the Metro Vancouver Regional District need not collect information described in section 585.21 of the Act or include information described in section 585.3 (c) of the Act in a housing needs report for Electoral Area A of the Metro Vancouver Regional District.

[en. B.C. Reg. 15/2022.]

Village of Lytton

13   The Village of Lytton is exempt for the purposes of section 585.11 [application of Division 22 of Part 14 — housing needs reports] of the Act.

[en. B.C. Reg. 15/2022.]

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.

[en. B.C. Reg. 152/2024, App. 1, s. 10.]

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".

[en. B.C. Reg. 152/2024, App. 1, s. 10.]

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.

[en. B.C. Reg. 152/2024, App. 1, s. 10.]

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:

average rate =

∑

RHECHN RH

y1, y2, y3, y4

÷ 4

(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:

average rate =

∑

OHECHN OH

y1, y2, y3, y4

÷ 4

[en. B.C. Reg. 152/2024, App. 1, s. 10.]

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:

[en. B.C. Reg. 152/2024, App. 1, s. 10.]

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.

[en. B.C. Reg. 152/2024, App. 1, s. 10.]

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:

number =

PH ×

RPPH − RPH RPH

[en. B.C. Reg. 152/2024, App. 1, s. 10.]

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:

number =

renter households .97

−

renter households 1 − rental vacancy rate

[en. B.C. Reg. 152/2024, App. 1, s. 10.]

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)

[en. B.C. Reg. 152/2024, App. 1, s. 10.]

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.

[en. B.C. Reg. 152/2024, App. 1, s. 10.]