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LOCAL GOVERNMENT ACT – Continued
[RSBC 1996] CHAPTER 323

Part 25 – Regional Growth Strategies

Definitions

848 In this Part:

"affected local government", in relation to a regional growth strategy, means a local government whose acceptance of the regional growth strategy is required under section 857, and includes the Greater Vancouver Transportation Authority established under the Greater Vancouver Transportation Authority Act;

"facilitator", in relation to a regional growth strategy, means the facilitator designated by the minister under section 856;

"improvement district board" means the board of trustees for an improvement district;

"initiate", in relation to a regional growth strategy, means initiation under section 854;

"municipality" includes the City of Vancouver;

"official community plan" includes

(a) an official settlement plan under section 809 (3) of the Municipal Act, R.S.B.C. 1979, c. 290, before that section was repealed by section 4 of the Municipal Amendment Act, 1985,

(b) Part 1 of a rural land use bylaw, and

(c) an official development plan under the Vancouver Charter;

"regional context statement" means a regional context statement referred to in section 866;

"regional matter" means a matter that involves coordination between or affects more than one municipality, more than one electoral area, or at least one of each, in a regional district.

Division 1 – Application and Content of Regional Growth Strategy

Purpose of regional growth strategy

849 (1) The purpose of a regional growth strategy is to promote human settlement that is socially, economically and environmentally healthy and that makes efficient use of public facilities and services, land and other resources.

(2) Without limiting subsection (1), to the extent that a regional growth strategy deals with these matters, it should work towards but not be limited to the following:

(a) avoiding urban sprawl and ensuring that development takes place where adequate facilities exist or can be provided in a timely, economic and efficient manner;

(b) settlement patterns that minimize the use of automobiles and encourage walking, bicycling and the efficient use of public transit;

(c) the efficient movement of goods and people while making effective use of transportation and utility corridors;

(d) protecting environmentally sensitive areas;

(e) maintaining the integrity of a secure and productive resource base, including the agricultural and forest land reserves;

(f) economic development that supports the unique character of communities;

(g) reducing and preventing air, land and water pollution;

(h) adequate, affordable and appropriate housing;

(i) adequate inventories of suitable land and resources for future settlement;

(j) protecting the quality and quantity of ground water and surface water;

(k) settlement patterns that minimize the risks associated with natural hazards;

(l) preserving, creating and linking urban and rural open space including parks and recreation areas;

(m) planning for energy supply and promoting efficient use, conservation and alternative forms of energy;

(n) good stewardship of land, sites and structures with cultural heritage value.

Content of regional growth strategy

850 (1) A board may adopt a regional growth strategy for the purpose of guiding decisions on growth, change and development within its regional district.

(2) A regional growth strategy must cover a period of at least 20 years from the time of its initiation and must include the following:

(a) a comprehensive statement on the future of the region, including the social, economic and environmental objectives of the board in relation to the regional district;

(b) population and employment projections for the period covered by the regional growth strategy;

(c) to the extent that these are regional matters, actions proposed for the regional district to provide for the needs of the projected population in relation to

(i) housing,

(ii) transportation,

(iii) regional district services,

(iv) parks and natural areas, and

(v) economic development.

(3) In addition to the requirements of subsection (2), a regional growth strategy may deal with any other regional matter.

(4) A regional growth strategy may include any information, maps, illustrations or other material.

Area to which regional growth strategy applies

851 (1) Unless authorized under subsection (2) or required under section 852, a regional growth strategy must apply to all of the regional district for which it is adopted.

(2) On request by the applicable board or boards, the minister may authorize a regional growth strategy that

(a) applies to only part of a regional district, or

(b) is developed jointly by 2 or more regional districts to apply to all or parts of those regional districts.

(3) The minister may establish terms and conditions for a regional growth strategy authorized under subsection (2) or required under section 852.

(4) If the minister considers this necessary or advisable for a regional district service in relation to a regional growth strategy referred to in subsection (3), the minister may by order give directions respecting the operation of the service, sharing of costs, voting on bylaws and resolutions relating to the service, the intergovernmental advisory committee and other matters relating to the regional growth strategy.

(5) To the extent of any inconsistency between this Act and an order under subsection (4), the order prevails.

Requirement to adopt regional growth strategy

852 (1) On the recommendation of the minister, the Lieutenant Governor in Council may, by regulation, do one or both of the following:

(a) designate areas for which a regional growth strategy must be developed and adopted;

(b) specify a time within which the regional growth strategy must be adopted.

(2) The minister must not make a recommendation referred to in subsection (1) unless, in the opinion of the minister, the area to which the regional growth strategy is proposed to apply has been experiencing significant change in its population, its economic development or an aspect of growth or development that involves coordination between local governments or affects more than one local government.

Division 2 – Preparation and Adoption Procedures

Requirements for adoption

853 (1) The following are required before a regional growth strategy is adopted:

(a) the regional growth strategy must be initiated in accordance with section 854;

(b) consultation must be conducted in accordance with section 855;

(c) the regional growth strategy must be accepted by affected local governments in accordance with section 857.

(2) As an exception to subsection (1) (c), a regional growth strategy may be adopted without acceptance in relation to a specific provision if

(a) the provision is included on the basis that it is not binding on the jurisdiction of a local government that has refused to accept it, and

(b) the board considers that it is not essential to the regional growth strategy that the provision apply to that jurisdiction.

(3) A provision included under subsection (2) becomes binding on a jurisdiction if, at any time after adoption of the regional growth strategy, the local government for the jurisdiction indicates to the board that it accepts the provision.

(4) This Part, as it applies to the initiation, development and adoption of a regional growth strategy, applies to the amendment and repeal of a regional growth strategy.

Initiation of regional growth strategy process

854 (1) The preparation of a regional growth strategy must be initiated by resolution of the board.

(2) If a regional growth strategy is to apply to less than the entire regional district or is to be prepared jointly with another regional district, this must be authorized under section 851 (2) or required under section 852 before the regional growth strategy is initiated.

(3) If, at the time of initiation, the board proposes to deal with an additional regional matter referred to in section 850 (3), the initiating resolution must identify the matter.

(4) The proposing board must give written notice of an initiation under this section to affected local governments and to the minister.

Consultation during development of regional growth strategy

855 (1) During the development of a regional growth strategy,

(a) the proposing board must provide opportunity for consultation with persons, organizations and authorities who the board considers will be affected by the regional growth strategy, and

(b) the board and the affected local governments must make all reasonable efforts to reach agreement on a proposed regional growth strategy.

(2) For the purposes of subsection (1) (a), as soon as possible after the initiation of a regional growth strategy, the board must adopt a consultation plan that, in the opinion of the board, provides opportunities for early and ongoing consultation with, at a minimum,

(a) its citizens,

(b) affected local governments,

(c) first nations,

(d) school district boards, greater boards and improvement district boards, and

(e) the Provincial and federal governments and their agencies.

(3) A failure to comply with a consultation plan under subsection (2) does not invalidate the regional growth strategy as long as reasonable consultation has been conducted.

(4) After second reading and before the regional growth strategy is submitted for acceptance under section 857, the board or a delegated panel of the board must conduct a public hearing that provides an opportunity for individuals and organizations to make their views known regarding the regional growth strategy.

(5) The minister may make regulations respecting the procedure to be used for hearings under subsection (4).

(6) For certainty, at any time during the development of a regional growth strategy, additional regional matters may be included in accordance with section 850 (3).

Facilitation of agreement during development of regional growth strategy

856 (1) The minister may appoint facilitators for the purposes of this Part, whose responsibilities are

(a) to monitor and assist local governments in reaching agreement on the acceptance of regional growth strategies during their development by

(i) facilitating negotiations between the local governments,

(ii) facilitating the resolution of anticipated objections,

(iii) assisting local governments in setting up and using non-binding resolution processes, and

(iv) facilitating the involvement of the Provincial and federal governments and their agencies, first nations, school district boards, greater boards and improvement district boards, and

(b) to assist local governments in entering into implementation agreements under section 868.

(2) On being notified that a regional growth strategy has been initiated, the minister may designate a person appointed under subsection (1) as the facilitator responsible in relation to the regional growth strategy.

(3) At any time until the end of the period for acceptance or refusal under section 857 (4) (b), the facilitator is to provide assistance referred to in subsection (1) (a) of this section if requested to do so

(a) by the proposing board or an affected local government, or

(b) by an electoral area director of the proposing board, if the request is supported by at least 2 other directors.

(4) Once a facilitator becomes involved under subsection (3), the proposing board and affected local governments must provide information as requested by the facilitator and must otherwise cooperate with the facilitator in fulfilling his or her responsibilities.

Acceptance by affected local governments required

857 (1) Before it is adopted, a regional growth strategy must be accepted by the affected local governments or, failing acceptance, become binding on the affected local governments under section 860 (6).

(2) Acceptance of a regional growth strategy by an affected local government must be done by resolution of the local government.

(3) For the purposes of this section, after the public hearing under section 855 (4) and before third reading of the bylaw to adopt a regional growth strategy, the board must submit the regional growth strategy to

(a) the council of each municipality all or part of which is covered by the regional growth strategy,

(a.1) the board of directors of the Greater Vancouver Transportation Authority if the regional growth strategy is for the Greater Vancouver Regional District,

(b) the board of each regional district that is adjoining an area to which the regional growth strategy is to apply, and

(c) the facilitator or, if no facilitator for the regional growth strategy has been designated, the minister.

(4) After receiving a proposed regional growth strategy under subsection (3), each affected local government must

(a) review the regional growth strategy in the context of any official community plans and regional growth strategies for its jurisdiction, both those that are current and those that are in preparation, and in the context of any other matters that affect its jurisdiction, and

(b) subject to an extension under section 858 (3), within 120 days of receipt either

(i) accept the regional growth strategy, or

(ii) respond, by resolution, to the proposing board indicating that the local government refuses to accept the regional growth strategy.

(5) An acceptance under subsection (4) (b) becomes effective

(a) when all affected local governments have accepted the regional growth strategy, or

(b) at the end of the period for acceptance or refusal under that subsection if, at the end of that period, all affected local governments have not accepted the regional growth strategy.

(6) If an affected local government fails to act under subsection (4) (b) within the period for acceptance or refusal, the local government is deemed to have accepted the regional growth strategy.

(7) If an affected local government refuses to accept the regional growth strategy, its resolution under subsection (4) (b) (ii) must also indicate

(a) each provision to which it objects,

(b) the reasons for its objection, and

(c) whether it is willing that a provision to which it objects be included in the regional growth strategy on the basis that the provision will not apply to its jurisdiction, as referred to in section 853 (2).

(8) All affected local governments are entitled to participate in any non-binding resolution processes used to resolve an objection or anticipated objection by an affected local government.

Resolution of anticipated objections

858 (1) Before the end of the 120 days referred to in section 857 (4) (b), the facilitator may require the proposing board and the affected local governments to identify any issues on which they anticipate that acceptance may not be reached.

(2) If an issue is identified under subsection (1),

(a) the facilitator may require the proposing board and the affected local governments to send representatives to a meeting convened by the facilitator for the purpose of clarifying the issues involved and encouraging their resolution, and

(b) the proposing board and the affected local governments must provide information as requested by the facilitator and must otherwise cooperate with the facilitator in fulfilling his or her responsibilities.

(3) For the purposes of this section, the facilitator may extend the period for acceptance or refusal under section 857 (4) (b) before or after the end of that period.

Resolution of refusal to accept

859 (1) The proposing board must notify the minister in writing if an affected local government refuses to accept a proposed regional growth strategy.

(2) After being notified under subsection (1), the minister must

(a) require a non-binding resolution process to attempt to reach acceptance on the regional growth strategy, specifying a time period within which the parties must begin the resolution process, or

(b) if satisfied that resolution using a non-binding resolution process under paragraph (a) is unlikely, direct that the regional growth strategy is to be settled under section 860.

(3) The choice of non-binding resolution process is to be determined by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy but, if the minister considers that these parties will not be able to reach agreement, the minister must direct which process is to be used.

(4) Any affected local government may participate in a non-binding resolution process under this section.

(5) Unless otherwise agreed by these parties, the fees of any neutral person participating in the non-binding resolution process and the administrative costs of the process, other than the costs incurred by the parties participating in the process, are to be shared proportionally between the proposing board and the affected local governments that participate in the process on the basis of the converted value of land and improvements in their jurisdictions.

(6) If changes to a regional growth strategy are proposed as a result of a resolution process under subsection (2) (a), the regional growth strategy must be submitted again to the affected local governments for acceptance in accordance with section 857.

(7) If acceptance is not reached within 60 days after a non-binding resolution process under this section is concluded, the regional growth strategy must be settled under section 860 unless the proposing board and the affected local governments can reach an agreement on the provisions of the regional growth strategy before the settlement process is completed.

Settlement of regional growth strategy

860 (1) If acceptance by affected local governments cannot otherwise be reached under this Part, the regional growth strategy is to be settled by one of the following:

(a) peer panel settlement in accordance with section 861 (1);

(b) final proposal arbitration in accordance with section 861 (2);

(c) full arbitration in accordance with section 861 (3).

(2) If more than one affected local government has refused to accept a regional growth strategy, whether the refusals are in relation to the same or different issues, the regional growth strategy is to be settled for all affected local governments in the same settlement proceedings.

(3) The choice of process for settlement is to be determined by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy but, if the minister considers that these parties will not be able to reach agreement, the minister must direct which process is to be used.

(4) Any affected local government may participate in a settlement process under section 861.

(5) During the 60 days after the provisions of a regional growth strategy are settled under section 861, the proposing board and the affected local governments may agree on the acceptance of a regional growth strategy that differs from the one settled.

(6) At the end of the period under subsection (5), unless agreement is reached as referred to in that subsection, the provisions of a regional growth strategy as settled under section 861 become binding on the proposing board and all affected local governments, whether or not they participated in the settlement process.

Options for settlement process

861 (1) As one option, the provisions of a regional growth strategy may be settled by a peer panel as follows:

(a) the panel is to be composed of 3 persons selected from the applicable list prepared under section 862 (1);

(b) the selection of the panel is to be done by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy or, if the minister considers that these parties will not be able to reach agreement, by the minister;

(c) subject to the regulations, the panel may conduct the proceedings in the manner it determines;

(d) the panel must settle the disputed issues of the regional growth strategy and may make any changes to the provisions of the regional growth strategy that it considers necessary to resolve those issues;

(e) the panel must give written reasons for its decision if this is requested by the proposing board or an affected local government before the panel retires to make its decision.

(2) As a second option, the provisions of a regional growth strategy may be settled by final proposal arbitration by a single arbitrator as follows:

(a) the arbitrator is to be selected from the applicable list prepared under section 862 (1);

(b) the selection of the arbitrator is to be done by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy or, if the minister considers that these parties will not be able to reach agreement, by the minister;

(c) subject to the regulations, the arbitrator must conduct the proceedings on the basis of a review of written documents and written submissions only, and must determine each disputed issue by selecting one of the final written proposals for resolving that issue submitted by one of the participating parties;

(d) the provisions of the regional growth strategy will be as settled by the arbitrator after incorporation of the final proposals selected by the arbitrator under paragraph (c);

(e) no written reasons are to be provided by the arbitrator.

(3) As a third option, the provisions of a regional growth strategy may be settled by full arbitration by a single arbitrator as follows:

(a) the arbitrator is to be selected from the applicable list prepared under section 862 (1);

(b) the selection of the arbitrator is to be done by agreement between the proposing board and the local government or governments that refused to accept the regional growth strategy or, if the minister considers that these parties will not be able to reach agreement, by the minister;

(c) subject to the regulations, the arbitrator may conduct the proceedings in the manner he or she determines;

(d) the provisions of the regional growth strategy will be as settled by the arbitrator, who is not restricted in his or her decision to submissions made by the parties on the disputed issues;

(e) the arbitrator must give written reasons for the decision.

General provisions regarding settlement process

862 (1) Lists of persons who may act on a panel under section 861 (1), as an arbitrator under section 861 (2) or as an arbitrator under section 861 (3) are to be prepared by the minister in consultation with representatives of the Union of British Columbia Municipalities.

(2) Persons who may be included on a list for a panel under section 861 (1) are persons who are or have been elected officials of a local government or who, in the opinion of the minister, have appropriate experience in relation to local government matters.

(3) In the case of a specific regional growth strategy, a person may not be appointed to a panel or as an arbitrator if the person is, or was at any time since the regional growth strategy was initiated, an elected official of the proposing board or of an affected local government for the regional growth strategy.

(4) Subject to a direction by the panel or arbitrator or to an agreement between the parties, the fees and reasonable and necessary expenses of the members of a peer panel or arbitrator and the administrative costs of the process, other than the costs incurred by the parties participating in the process, are to be shared proportionally between the proposing board and the affected local governments that participate in the process on the basis of the converted value of land and improvements in their jurisdictions.

(5) The directors of the electoral areas to which the regional growth strategy is proposed to apply and the Provincial government may make representations in the settlement process, subject to any conditions set by the panel or arbitrator.

(6) The time limit for bringing any judicial review of a decision of a panel or arbitrator under section 861 is the end of the period for agreement under section 860 (5).

(7) The minister may make regulations regarding settlement processes under section 861, which may be different for different settlement processes, including regulations

(a) respecting matters that a panel or arbitrator may or must consider,

(b) respecting the authority of a panel or arbitrator to settle a regional growth strategy, and

(c) respecting the authority of a panel or arbitrator to require the cooperation of local governments in relation to the settlement processes.

Adoption of regional growth strategy

863 (1) A regional growth strategy must be adopted by bylaw.

(2) As soon as practicable after adopting a regional growth strategy, the board must send a copy of the regional growth strategy to

(a) the affected local governments,

(b) any greater boards and improvement districts within the regional district, and

(c) the minister.

Requirement to adopt finalized regional growth strategy

864 (1) If a proposed regional growth strategy has been accepted by the affected local governments or has become binding under section 860 (6), but has not been adopted by the proposing board, on the recommendation of the minister, the Lieutenant Governor in Council may, by order, specify a time by which the board must adopt the regional growth strategy.

(2) If the board does not adopt the regional growth strategy within the period specified under subsection (1), the Lieutenant Governor in Council may, by order, deem the regional growth strategy to have been adopted by the board, in which case it applies as if it had been adopted by a valid bylaw of the board.

Division 3 – Effect of Regional Growth Strategy

Regional district must conform with regional growth strategy

865 (1) All bylaws adopted by a regional district board after the board has adopted a regional growth strategy, and all services undertaken by a regional district after the board has adopted a regional growth strategy, must be consistent with the regional growth strategy.

(2) All bylaws adopted by a greater board or an improvement district board after the adoption of a regional growth strategy applicable to its jurisdiction, and all works and services provided by a greater board or an improvement district board after the adoption of a regional growth strategy applicable to its jurisdiction, must be consistent with the regional growth strategy.

(3) A regional growth strategy does not commit or authorize a regional district, municipality, greater board or improvement district to proceed with any project that is specified in the regional growth strategy.

Requirement for regional context statements in municipal official community plans

866 (1) If a regional growth strategy applies to all or part of the same area of a municipality as an official community plan, the official community plan must include a regional context statement that is accepted in accordance with this section by the board of the regional district for which the regional growth strategy is adopted.

(2) A regional context statement under subsection (1) must specifically identify

(a) the relationship between the official community plan and the matters referred to in section 850 (2) and any other regional matters included under section 850 (3), and

(b) if applicable, how the official community plan is to be made consistent with the regional growth strategy over time.

(3) A regional context statement under subsection (1) and the rest of the official community plan must be consistent.

(4) The council must

(a) submit a proposed regional context statement required under this section for acceptance by the board,

(b) submit any amendments to the regional context statement for acceptance by the board, and

(c) review the regional context statement at least once every 5 years after its latest acceptance by the board and, if no amendment is proposed, submit the statement to the board for its continued acceptance.

(5) For the purpose of subsection (4), the board must respond by resolution within 120 days after receipt indicating whether or not it accepts the regional context statement or amendment and, if the board refuses to accept the regional context statement or amendment, indicating

(a) each provision to which it objects, and

(b) the reasons for its objection.

(6) If the board fails to act under subsection (5) within the period for acceptance or refusal under that subsection, the board is deemed to have accepted the regional context statement or amendment.

(7) Sections 859 to 862 and 864 apply regarding the acceptance and adoption of a regional context statement.

(8) After a regional growth strategy is adopted, the requirement under subsection (1) must be fulfilled by the applicable council submitting a proposed regional context statement to the board within 2 years after the regional growth strategy is adopted.

Division 4 – General

Intergovernmental advisory committees

867 (1) A board may establish an intergovernmental advisory committee for its regional district and must establish an intergovernmental advisory committee for its regional district when a regional growth strategy is initiated.

(2) The role of an intergovernmental advisory committee is

(a) to advise the applicable local governments on the development and implementation of the regional growth strategy, and

(b) to facilitate coordination of Provincial and local government actions, policies and programs as they relate to the development and implementation of the regional growth strategy.

(3) The membership of an intergovernmental advisory committee is to include the following:

(a) the planning director of the regional district, or another official appointed by the board;

(a.1) for the purposes of an intergovernmental advisory committee established in the Greater Vancouver Regional District, the planning director of the Greater Vancouver Transportation Authority or another official appointed by the board of directors of that authority;

(b) the planning director, or another official appointed by the applicable council, of each municipality all or part of which is covered by the regional growth strategy;

(c) senior representatives of the Provincial government and Provincial government agencies and corporations, determined by the minister after consultation with the board;

(d) representatives of other authorities and organizations if invited to participate by the board.

Implementation agreements

868 (1) Without limiting section 176 [corporate powers], a local government may enter into agreements respecting the coordination of activities relating to the implementation of a regional growth strategy.

(2) For the purposes of this section, the Provincial government may enter into agreements under subsection (1) respecting Provincial commitments to act consistently with a regional growth strategy and to take actions necessary to implement a regional growth strategy.

(3) In addition to agreements with the Provincial government and its agencies, agreements under subsection (1) may be made with the federal government and its agencies, other local governments, first nations, school district boards, greater boards, the Greater Vancouver Transportation Authority, improvement district boards and other local authorities.

Regular reports and review of regional growth strategy

869 (1) A regional district that has adopted a regional growth strategy must

(a) establish a program to monitor its implementation and the progress made towards its objectives and actions, and

(b) prepare an annual report on that implementation and progress.

(2) At least once every 5 years, a regional district that has adopted a regional growth strategy must consider whether the regional growth strategy must be reviewed for possible amendment.

(3) For the purposes of subsection (2), the regional district must provide an opportunity for input on the need for review from the persons, organizations and authorities referred to in section 855 (2).

Provincial policy guidelines

870 (1) The minister may establish policy guidelines regarding the process of developing and adopting regional growth strategies and official community plans.

(2) The minister, or the minister together with other ministers, may establish policy guidelines regarding the content of regional growth strategies and official community plans.

(3) Guidelines under subsection (1) or (2) may only be established after consultation by the minister with representatives of the Union of British Columbia Municipalities.

Minister may require official community plans and land use bylaws

871 After a regional growth strategy has been adopted, the minister may require a municipality or regional district to adopt, within a time specified by the minister, an official community plan, a zoning bylaw or a subdivision servicing bylaw for an area that is covered by the regional growth strategy and to which no such plan or bylaw currently applies.


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