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In This Volume

506 (1) A local government may, by bylaw, regulate and require the provision of works and services in respect of the subdivision of land, and for that purpose may, by bylaw, do one or more of the following:

  • (a) regulate and prescribe minimum standards for the dimensions, locations, alignment and gradient of highways in connection with subdivisions of land;
  • (b) require that, within a subdivision, highways, sidewalks, boulevards, boulevard crossings, transit bays, street lighting or underground wiring be provided, located and constructed in accordance with the standards established by the bylaw;
  • (c) require that, within a subdivision, a water distribution system, a fire hydrant system, a sewage collection system, a sewage disposal system, a drainage collection system or a drainage disposal system be provided, located and constructed in accordance with the standards established in the bylaw.
  • (2) A bylaw under subsection (1) may be different in relation to one or more of the following:
  • (a) different circumstances;
  • (b) different areas;
  • (c) different land uses;
  • (d) different zones;
  • (e) different classes of highways.
  • (3) A local government must not impose a requirement under subsection (1)(b) or (c) in respect of a subdivision under the Strata Property Act.
  • (4) The minister responsible for the administration of the Transportation Act may make regulations requiring approval of that minister before the adoption of a bylaw under subsection (1)(a) or (b) that establishes standards or requirements in relation to highways in an area outside a municipality.
  • (5) A regulation under subsection (4) may be different in relation to one or more of the following:
  • (a) different bylaws;
  • (b) different classes of bylaws;
  • (c) different regional districts;
  • (d) different areas;
  • (e) different circumstances.
  • (6) If a local government, an improvement district or greater board operates
  • (a) a community water or sewer system, or
  • (b) a drainage collection or disposal system,
  • the local government may, by bylaw, require that a system referred to in subsection (1)(c) be connected to the local government, improvement district or greater board system, in accordance with standards established in the bylaw.
  • (7) If there is no community water system, the local government may, by bylaw, require that each parcel to be created by the subdivision have a source of potable water having a flow capacity at a rate established in the bylaw.
  • (8) As a condition of
  • (a) the approval of a subdivision, or
  • (b) the issue of a building permit,
  • a local government may require that the owner of the land provide works and services, in accordance with the standards established in a bylaw under this section, on that portion of a highway immediately adjacent to the site being subdivided or developed, up to the centre line of the highway.
  • (9) As a condition of the issue of a building permit, a local government may require that the owner of the land provide, on the site being developed, works and services in accordance with the standards established in a bylaw under this section.
  • (10) Requirements under subsections (8) and (9)
  • (a) may be made only to the extent that they are directly attributable to the subdivision or development, and
  • (b) must not include specific services that are included in the calculations used to determine the amount of a development cost charge, unless the owner agrees to provide the services.
  • (11) If the owner agrees to provide the services referred to in subsection (10)(b), the calculation of the development cost charge is subject to section 565(2) to (5).

1985-79-8; 1987-14-45; 1997-25-149, effective March 26, 1998 (B.C. Reg. 85/98); 1999-37-209, effective September 28, 1999 (B.C. Reg. 301/99); 1998-43-312, effective July 1, 2000 (B.C. Reg. 43/2000); 2000-7-175, effective January 1, 2001 (B.C. Reg. 399/2000); 2004-44-126, effective December 31, 2004 (B.C. Reg. 547/2004); 2014-14-46; RSBC 2015-1-506, effective January 1, 2016 (B.C. Reg. 257/2015).

CASE LAW

For a discussion of the relationship between a works and services bylaw and an approving officer’s jurisdiction to impose conditions on a subdivision under a bare land strata plan, see the annotation for Norgard v. Anmore (Village), 2007 BCSC 1571 and Norgard v. Carley, 2008 BCSC 1236 under s. 243 of the Strata Property Act at chapter 56 (Strata Property Act, S.B.C. 1998, c. 43) in this Manual.