Transition — public hearings

784   Section 464 (3) [when public hearing required] does not apply in relation to a proposed zoning bylaw that, on the date this section comes into force, has been given first reading.

Transition — extended compliance period for small-scale multi-family housing

785   (1) Despite section 481.3 (2) [zoning bylaws and small-scale multi-family housing], if a local government applies under section 786 for an extension of time in relation to an area, the local government must adopt a zoning bylaw that complies with section 481.3, in relation to the area, as follows:

(a) if the extension is granted, on or before the date set out in the notice of extension;

(b) if the extension is refused, within 90 days after the date set out in the notice of refusal.

(2) A local government must give to the minister written notice as soon as practicable after the local government has adopted the last zoning bylaw necessary to comply with section 481.3, other than a zoning bylaw necessary to comply with section 481.3 in relation to an area for which an extension of time is granted under section 786 to the local government.

(3) If an extension of time is granted under section 786 to a local government in relation to an area, the local government must give to the minister written notice as soon as practicable after the local government has adopted a zoning bylaw that complies with section 481.3 in relation to the area.

Transition — extension process for small-scale multi-family housing

786   (1) A local government may apply for an extension of time for the purposes of complying with section 481.3 [zoning bylaws and small-scale multi-family housing] in relation to an area that is subject to that section.

(2) An application under subsection (1) must contain the information required by the minister and must be submitted to the minister as follows:

(a) unless paragraph (b) applies, on or before June 1, 2024;

(b) in the case of extraordinary circumstances, on or before June 30, 2024.

(3) The minister may grant one or more extensions of time to the local government in relation to an area if the minister is satisfied that the local government is unable, by June 30, 2024, to comply with section 481.3 in relation to the area for any of the following reasons:

(a) the local government is in the process of upgrading infrastructure that services the area;

(b) the infrastructure that services the area is such that compliance by June 30, 2024 is likely to increase a risk to health, public safety or the environment in the area;

(c) there exist extraordinary circumstances that otherwise prevent compliance in relation to the area.

(4) The minister must give to the local government written notice of a refusal or an extension that includes,

(a) in the case of a refusal, the date of the refusal, and

(b) in the case of an extension, the date, which may not be later than December 31, 2030, by which compliance with section 481.3 is required in relation to the area.

Transition — ministerial order related to small-scale multi-family housing

787   (1) This section applies in relation to a local government if the minister is satisfied that the local government has failed, within the time required under this Act, to adopt a zoning bylaw that complies with section 481.3 [zoning bylaws and small-scale multi-family housing].

(2) The minister may give to the local government a notice that

(a) sets out the minister's objections to the local government's zoning bylaw, and

(b) states that the local government must, within 30 days after receipt of the notice, alter the zoning bylaw accordingly.

(3) If the local government does not alter the zoning bylaw in accordance with the notice under subsection (2), the minister may, with the prior approval of the Lieutenant Governor in Council, make an order that enacts or amends a bylaw referred to in section 479 [zoning bylaws] to

(a) permit, in relation to an area, the use and minimum density of use required to be permitted under section 481.3 and

(b) establish the siting, size, dimension, location or type of housing units required to be permitted under section 481.3 in the area.

(4) In making an order under subsection (3), the minister may

(a) establish different classes of persons, property, circumstances, things and other matters,

(b) make different provisions, including exceptions, for different classes referred to in paragraph (a), and

(c) make different provisions, including exceptions, for different areas or different parts of areas of municipalities or regional districts or different persons, property, circumstances, things and other matters.

(5) On the date specified in an order made under subsection (3), the bylaw enacted or amended under the order is conclusively deemed to be enacted or amended by the local government in accordance with the order.

(6) An order may not be made under subsection (3) after December 31, 2031.

(7) For the purposes of this section, the minister has the powers of a local government under section 479 (1) (c).

Transition — effect of official community plan

788   Section 478 (2) [effect of official community plan] does not apply, before the prescribed date, in relation to a zoning bylaw adopted by a local government for the purpose of permitting the use or density of use required to be permitted under section 481.3 [zoning bylaws and small-scale multi-family housing].

Transition — heritage revitalization agreements

789   Section 610 (2.1) [heritage revitalization agreements] does not apply to a heritage revitalization agreement, as defined in section 586 [definitions in relation to Part 15], entered into before the date this section comes into force.

Transition — interim report on housing needs

790   (1) In this section:

"housing unit" has the same meaning as in section 455 [definitions in relation to Part 14];

"local government" includes a local trust committee as defined in section 1 of the Islands Trust Act;

"most recent housing needs report" means the housing needs report most recently received by a local government under section 585.31 (3) [when and how housing needs report must be received].

(2) Without limiting section 585.31 (3), a local government must, on or before the prescribed date, receive an interim report on housing needs.

(3) The requirement in subsection (2) is satisfied if, on or before the prescribed date, the local government receives one of the following:

(a) a new housing needs report;

(b) the local government's most recent housing needs report amended to the extent necessary to do the following:

(i) reflect the total number of housing units, calculated in accordance with an applicable method set out in the regulations, required to meet the anticipated housing needs of the local government for the next 5 years and for the next 20 years;

(ii) include a description of the actions taken by the local government, since receiving the most recent housing needs report, to reduce housing needs in the applicable area of the local government;

(iii) include a statement about the need for housing in close proximity to transportation infrastructure that supports walking, bicycling, public transit or other alternative forms of transportation.

(4) An interim report on housing needs under subsection (2) is a housing needs report received under section 585.31 for the purposes of the following provisions of the Act:

(a) section 429 (2.1) [content of regional growth strategy];

(b) section 473.1 [official community plan and housing needs report];

(c) section 481.7 [zoning bylaws and housing needs report].

(5) As soon as practicable after a local government receives an interim report on housing needs under subsection (2), the local government must publish the report on an internet site that is

(a) maintained by the local government or authorized by the local government to be used for publishing the report, and

(b) publicly and freely accessible.

(6) Despite section 473.1 (5), the council of a municipality must review and, if necessary, adopt an official community plan as contemplated by that section by December 31 of the year in which the council receives an interim report on housing needs under subsection (2) of this section.

(7) Despite section 481.7 (2), the council of a municipality must review and, if necessary, adopt a zoning bylaw as contemplated by that section by December 31 of the year in which the council receives an interim report on housing needs under subsection (2) of this section.

Transition — definition in relation to this Division

791   In this Division, "transit-oriented area" has the same meaning as in section 455 [definitions in relation to Part 14].

Transition — interim designation of transit-oriented areas

792   (1) On the recommendation of the minister, the Lieutenant Governor in Council may make regulations designating a transit-oriented area in respect of a local government.

(2) A designation under subsection (1) must be made by incorporating in the regulation a map or plan or other graphic material.

(3) As soon as practicable after a designation is made under subsection (1), written notice of the designation must be given to each municipality or regional district in respect of which a transit-oriented area is designated.

(4) If, in the manner contemplated by section 585.52 [local government designation of transit-oriented areas], a local government designates as a transit-oriented area an area that includes the same area designated under subsection (1) of this section, for the purposes of this Act,

(a) the designation under subsection (1) ceases to have effect in relation to the area of overlap, and

(b) the designation of the local government prevails over the designation under subsection (1) to the extent of any inconsistency.

(5) A regulation may not be made under subsection (1) on or after June 30, 2024.

Transition — provincial policy guidelines related to transit-oriented areas

793   (1) Section 473 (4) [content and process requirements], as it relates to applicable guidelines under section 585.5 [provincial policy guidelines related to transit-oriented areas], does not apply in relation to a proposed bylaw to adopt an official community plan that, on the date this section comes into force, has been given first reading.

(2) Section 479 (6) [zoning bylaws] does not apply in relation to a proposed zoning bylaw that, on the date this section comes into force, has been given first reading.

Transition — effect of official community plan

794   Section 478 (2) [effect of official community plan] does not apply, before the prescribed date, in relation to a zoning bylaw adopted by a local government for the purpose of complying with section 481.01 [restrictions on zoning authority in relation to transit-oriented areas].

Transition — restrictions on zoning authority in relation to transit-oriented areas

795   Section 481.01 [restrictions on zoning authority in relation to transit-oriented areas] does not apply in relation to an application for an amendment to a zoning bylaw if, on the date this section comes into force, the proposed bylaw that would amend the zoning bylaw has been given first reading.

Transition — off-street parking

796   (1) If, on the date this section comes into force, a bylaw of a local government requires an owner or occupier of any land in a transit-oriented area, or of any building or other structure on the land, to provide off-street parking spaces for the residential use of the land, building or other structure, other than off-street parking spaces for use by disabled persons, the local government must, by the prescribed date, adopt a bylaw that complies with the restriction in section 525.1 (1) [off-street parking in transit-oriented areas].

(2) Section 525.1 does not apply in relation to an application for an amendment to a zoning bylaw if, on the date this section comes into force, the proposed bylaw that would amend the zoning bylaw has been given first reading.

Transition — density benefits zoning bylaws

797   (1) In this section, "density benefits zoning bylaw" has the same meaning as in section 478.1 [definitions in relation to Division 5 of Part 14].

(2) If a local government has a density benefits zoning bylaw on the date this section comes into force, the local government must, on or before the prescribed date, amend that zoning bylaw in accordance with the following provisions:

(a) section 482 (1.1) [density in transit-oriented area];

(b) section 482 (2.2) and (2.3) [mandatory conditions for affordable and special needs housing units];

(c) section 482 (2.4) [permit payment of money instead of meeting conditions] if the amended zoning bylaw permits payments described in that provision;

(d) section 482.1 (1) [consultation on density benefits zoning bylaw];

(e) section 482.2 [analysis and considerations for density benefits zoning bylaw].

(3) If a local government has a proposed density benefits zoning bylaw that, on the date this section comes into force, has been given first reading and the proposed zoning bylaw is subsequently adopted, the local government must, on or before the prescribed date, amend that zoning bylaw in accordance with the provisions referred to in subsection (2) (a) to (e).

(4) Section 482.6 [annual report respecting density benefits zoning bylaw] does not apply to a local government before the prescribed date.

(5) A local government is not required to have a financial feasibility analysis undertaken under section 482.2 (1) (a) [analysis and considerations for density benefits zoning bylaw] if

(a) on the date this section comes into force, a local government has had, or is having, an analysis undertaken that is equivalent to a financial feasibility analysis, and

(b) the analysis that is undertaken meets the requirements of section 482.2 (2) in relation to the density benefits zoning bylaw that the local government is adopting or amending.

(6) For the purposes of this section, the Lieutenant Governor in Council may, by regulation, prescribe a date that is on or after June 30, 2025.