Transition — definition for this Part

623.   In this Part, "zoning by-law" has the same meaning as in section 559 [definitions for Part XXVII].

2023-45-43.

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

624.   (1) Despite section 565.03 (2) [zoning by-laws and small-scale multi-family housing], if the Council applies under section 625 for an extension of time in relation to an area, the Council must adopt a zoning by-law that complies with section 565.03, 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) The Council must give to the minister written notice as soon as practicable after the Council has adopted the last zoning by-law necessary to comply with section 565.03, other than a zoning by-law necessary to comply with section 565.03 in relation to an area for which an extension of time is granted under section 625 to the Council.

(3) If an extension of time is granted under section 625 to the Council in relation to an area, the Council must give to the minister written notice as soon as practicable after the Council has adopted a zoning by-law that complies with section 565.03 in relation to the area.

2023-45-43.

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

625.   (1) The Council may apply for an extension of time for the purposes of complying with section 565.03 [zoning by-laws 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 after June 30, 2024.

(3) The minister may grant one or more extensions of time to the Council in relation to an area if the minister is satisfied that the Council is unable, by June 30, 2024, to comply with section 565.03 in relation to the area for any of the following reasons:

(a) the Council 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 Council written notice of a refusal or an extension that includes, as applicable,

(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 565.03 is required in relation to the area.

2023-45-43.

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

626.   (1) This section applies in relation to the Council if the minister is satisfied that the Council has failed, within the time required under this Act, to adopt a zoning by-law that complies with section 565.03 [zoning by-laws and small-scale multi-family housing].

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

(a) sets out the minister's objections to the Council's zoning by-law, and

(b) states that the Council must, within 30 days after receipt of the notice, alter the zoning by-law accordingly.

(3) If the Council does not alter the zoning by-law 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 by-law referred to in section 565 [zoning by-law] to

(a) permit, in relation to an area, the use and minimum density of use required to be permitted under section 565.03, and

(b) establish the siting, height, bulk, location, size or type of housing units required to be permitted under section 565.03 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 parts or different areas of the city or different persons, property, circumstances, things and other matters.

(5) On the date specified in an order made under subsection (3), the by-law enacted or amended under the order is conclusively deemed to be enacted or amended by the Council 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 the Council under section 565 (1) (b), (c) and (d) and (2).

2023-45-43.

Transition — heritage revitalization agreements

627.   Section 592 (2.1) [heritage revitalization agreements] does not apply to a heritage revitalization agreement, as defined in section 575 [definitions], entered into before the date this section comes into force.

2023-45-43.

Transition — interim report on housing needs

628.   (1) In this section, "most recent housing needs report" means the housing needs report most recently received by the Council under section 574.4 (3) [when and how housing needs report must be received] or under section 574.4 (4), as that section read immediately before its repeal.

(2) Without limiting section 574.4 (3), the Council 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 Council receives one of the following:

(a) a new housing needs report;

(b) the Council'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 Council, since receiving the most recent housing needs report, to reduce housing needs in the city;

(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 574.4 for the purposes of section 561 (3.1) [development plans].

(5) As soon as practicable after the Council receives an interim report on housing needs under subsection (2), the Council must publish the report on an internet site that is publicly and freely accessible.

(6) Despite section 565.08 (2) [zoning by-laws and housing needs reports], the Council must review and, if necessary, adopt a zoning by-law 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) The Lieutenant Governor in Council may make regulations prescribing a date for the purposes of subsection (2).

2023-45-46.

Definitions for this Division

629.   In this Division:

"first reading", in relation to a proposed by-law, means the date on which the proposed by-law is first read by Council for the purposes of potential adoption;

"official development plan" has the same meaning as in section 559 [definitions for Part XXVII].

2023-48-22.

Transition — interim designation of transit-oriented areas

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

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

(3) As soon as practicable after a designation is made under subsection (1), written notice of the designation must be given to the Council.

(4) If, in the manner contemplated by section 574.63 [Council designation of transit-oriented area], the Council 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 Council 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.

2023-48-22.

Transition — provincial policy guidelines related to transit-oriented areas

631.   (1) Section 561 (3.2) [development plans] does not apply in relation to either of the following:

(a) a proposed by-law to adopt an official development plan that, on the date this section comes into force, has been given first reading;

(b) a proposed development plan that has been read by Council for the first time.

(2) Section 565 (4) [zoning by-law] does not apply in relation to a proposed zoning by-law that, on the date this section comes into force, has been given first reading.

2023-48-22.

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

632.   Section 565.001 [restrictions on zoning authority in relation to transit-oriented areas] does not apply in relation to an application for an amendment to a zoning by-law if, on the date this section comes into force, the proposed by-law that would amend the zoning by-law has been given first reading.

2023-48-22.

Transition — off-street parking

633.   (1) If, on the date this section comes into force, a by-law of the Council requires an owner or occupier of any land or building in a transit-oriented area to provide off-street parking spaces for the residential use of the land or building, other than off-street parking spaces for use by disabled persons, the Council must, by the prescribed date, adopt a by-law that complies with the restriction in section 306.01 (1) [off-street parking in transit-oriented areas].

(2) Section 306.01 does not apply in relation to an application for an amendment to a zoning by-law if, on the date this section comes into force, the proposed by-law that would amend the zoning by-law has been given first reading.

(3) The Lieutenant Governor in Council may make regulations prescribing a date for the purposes of subsection (1).

2023-48-22.

Transition — density benefits zoning by-laws

634   (1) In this section, "density benefits zoning by-law" has the same meaning as in section 564B [definitions for Division (3) of Part XXVII].

(2) The Council must, on or before the prescribed date, amend its density benefits zoning by-law in accordance with the following provisions:

(a) section 565.1 (1.1) [density in transit-oriented area];

(b) section 565.1 (2.2) and (2.3) [mandatory conditions for affordable and special needs housing units];

(c) section 565.1 (2.4) [permit payment of money instead of meeting conditions] if the amended zoning by-law permits payments described in that provision;

(d) section 565.11 (1) [consultation on density benefits zoning by-law];

(e) section 565.12 [analysis and considerations for density benefits zoning by-law].

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

(4) Section 565.16 [annual report respecting density benefits zoning by-law] does not apply before the prescribed date.

(5) The Council is not required to have a financial feasibility analysis undertaken under section 565.12 (1) (a) [analysis and considerations for density benefits zoning by-law] if

(a) on the date this section comes into force, the Council 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 565.12 (2) in relation to the density benefits zoning by-law that the Council 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.

2024-11-41.