565.A Council May Make By-laws | Land Title Practice Manual

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565.A Council may make by-laws

(a) prohibiting any person from undertaking any development without having first obtained a permit therefor. Such permit shall hereinafter be referred to as a “development permit”;
(b) providing that a development permit may be limited in time and subject to conditions, and making it an offence for any person to fail to comply with such conditions;
(c) providing that no building permit shall be issued for the construction of any building until a development permit has first been obtained;
(d) delegating to any official of the city or to any board composed of such officials such powers of discretion relating to zoning matters which to Council seem appropriate;
(d.1) subject to sections 578(2) and 579(2), delegating to the Director of Planning, or to any board composed of officials of the city, the power to refuse to issue a development permit if, in the opinion of the delegate, the proposed action would detract from the heritage value or heritage character of protected heritage property;
(d.2) providing that the failure to obtain a permit required under section 193D in relation to the same property is a basis for refusing to issue a development permit;
(e)
providing for relaxation of the provisions of a zoning by-law or a by-law prescribing requirements for buildings where
- (i) enforcement would result in unnecessary hardship,
- (ii) Council determines that the proposed development would make a contribution to conserving heritage property,
- (iii) Council determines that the proposed development makes provision for public space or activities,
- (iv) Council determines that the proposed development makes provision for low cost housing for persons receiving assistance, or
- (v) the proposed development is in relation to a special event, as designated by Council by by-law or resolution.

Such relaxation may be limited in time and may be subject to conditions. The by-law may authorize such relaxation by an official of the city or by any board constituted pursuant to subsection (d). The power to relax the provisions of a zoning by-law shall not be used to permit construction to provide for multiple occupancy in a one family dwelling district nor to permit the use or occupancy of a dwelling as a multiple dwelling in such district unless it was so used or occupied as at April 1, 1977; provided however, that the occupancy of a suite authorized by a by-law passed pursuant to section 565C shall not constitute a multiple occupancy;

(f) providing for the payment of a fee upon application for a development permit, which fee may vary accordingly to the value or type of development for which the permit is sought;
(g) providing that the use or occupancy of any land or building in contravention of the provisions of a zoning by-law or the conditions of a development permit shall constitute a violation of the zoning by-law and shall render the owner of the land or building liable to the penalties provided in the by-law;
(h) prohibiting the use or occupancy of any land or building on or in which a development has taken place since the eighteenth day of June, 1956, without a development permit;
(i) prohibiting the erection, use, or occupancy of any building or the use or occupancy of any land unless due provision is made for public safety and amenity, sanitary facilities, water supply, and drainage;
(j) and (k) [Repealed 1992-79-12.]

1964-72-18; 1966-69-23; 1978-41-31; 1988-67-12; 1990-77-2; 1992-79-12; 1994-43-97; 1997-44-3; 2009-22-87.

FORMS

For authorized subscribers, use the Local Government Filing Form and select Nature of Interest, Housing Agreement Notice—Vancouver Charter or, where applicable, Housing Agreement Notice—Vancouver Charter (Modification). No attachment is required.

The Local Government Filing Form can also be used to cancel any local government notices from registered titles.

Only authorized subscribers, as defined in E-filing Directions v. 1.9 (available at https://ltsa.ca/wp-content/uploads/2020/10/E-filing-Directions.pdf and reproduced in chapter 70 (Director’s Directions)), have the authority to sign this form electronically.

For all other subscribers, use the Form 17 Charge, Notation or Filing, select Nature of Interest, Municipal Government Notice, and attach an image of the original Notice of Housing Agreement or, where applicable, Notice of Housing Agreement Modification.

CASE LAW

By-law May “Relax” Permitted Uses to Facilitate Housing Agreements

In Caring Citizens of Vancouver Society v. Vancouver (City), 2018 BCCA 87, leave to appeal refused 2019 CanLII 1632 (SCC), the appellate court upheld the chambers judge’s dismissal of a petition to have an amended by-law declared invalid and a development permit for temporary modular housing quashed. Council may delegate to the Director of Planning or the Development Permit Board the power to “relax” permitted uses or densities under the applicable bylaw in order that Council may enter into housing agreements for affordable and special needs housing under s. 565.2 of the Vancouver Charter. The court rejected the appellant’s argument that the power of relaxation under s. 565A(e) cannot relate to use. Section 565.2 simply provides another mechanism to deal with the issue of affordable housing. If anything, s. 565.2 shows that if the Legislature wanted to limit the power of relaxation in s. 565A(e) to matters other than use, it would have included in it a provision similar to s. 565.2(3) specifically precluding a variation in use.