Provincial Housing Regulations (Bill 44) 

The Province’s Housing Statutes (Residential Development) Amendment Act, 2023 aims to facilitate an increase in housing supply in communities throughout BC. Please see more information here:

• You can visit the Province’s local government housing initiatives here.
• Here is the Province’s guidelines on how to add and manage a secondary suite.
• Please see Permit Connect BC for more information.
• BC Housing has introduced a secondary suite incentive program to help homeowners create a new secondary suite on their property to be rented out below market value. You can read more about BC Housing’s program here.

Bill 44 requires that every zone within the electoral areas of the CVRD that permit one single detached dwelling as the principal use to also permit one attached suite with no minimum site area requirement, no owner occupancy requirement, and no special regulations concerning the access to the suite.

Most zones that are subject to Bill 44 already permit suites, but amendments to the related regulations were required to comply with the new legislation. The zoning changes imposed by Bill 44 do not require owners to build suites; it simply enables owners to build a suite if they wish to.

The amendment bylaws are grouped into two categories:

1. Those related to complying with Bill 44 – Bylaw Nos. 4546 through 4554; and
2. Those intended to amend definitions and known issues with the zoning bylaws and, in some instances, to update the regulations around detached suites – Bylaw Nos. 4571 through 4579.

Bylaw Nos. 4546 (Area A & C), 4547 (Area B), 4548 (Area D – Marine), 4549 (Area D – Uplands), 4550 (Area E), 4551 (Area F), 4552 (Area G), 4553 (Area H) and 4554 (Area I) are intended to bring all of the CVRD zoning bylaws into compliance with Bill 44. Every zone that has one single detached dwelling as the principal permitted use was amended (where applicable) to also permit an attached suite with no restrictions regarding the minimum parcel area required, access to the suite, or with respect to who occupies the principal dwelling.

Most zones that are subject to Bill 44 already permit suites, but the related regulations are not in compliance with the new legislation, and updates to the zoning bylaws were required. Some zones where suites were formerly not permitted were amended to permit suites, in accordance with Bill 44.

Bylaw Nos. 4571 (Area A & C), 4572 (Area B), 4573 (Area D – Marine), 4574 (Area D – Uplands), 4575 (Area E), 4576 (Area F), 4577 (Area G), 4578 (Area H) and 4579 (Area I) were intended to update other aspects of nine of the CVRD’s zoning bylaws in order to ensure the definitions and related terminology are consistent throughout all of the zoning bylaws. Notably, free-standing residential suites are variously known as “small suite”, “accessory dwelling unit”, “secondary dwelling unit”, and “separate suite” and are renamed as “detached suite”; and in some cases, detached suite regulations updated.

Accessory means a use, building or structure which is incidental to, subordinate to, and exclusively devoted to a principal use, building or structure that is located on the same parcel or on common property within the same strata plan as the principal use, building or structure.

Building means any structure, wholly or partially enclosed by a roof or roofs, supported by walls, columns or posts and used or intended for supporting or sheltering any use or occupancy.

Congregate Housing means a residential or institutional facility which provides sleeping units or dwelling units, one or more meals per day, housekeeping services, and contains a common dining area sufficient to accommodate all residents of the residential facility.

Includes: accessory personal service; accessory convenience store.

Dwelling and Dwelling Unit means one or more attached habitable rooms in a building used and occupied or intended to be used and occupied as the permanent home or residence of one household, that together contain or provide for the installation of:

• not more than one kitchen;
• not more than one kitchenette;
• one or more washrooms;
• one or more sleeping areas;

Excludes: Temporary accommodation or tourist accommodation unless expressly permitted in this Bylaw.

Dwelling, Duplex and Duplex means a building containing two dwelling units that share a common wall or floor system, neither of which is an attached suite.

Dwelling, Multiple-Unit (or Multi-Unit Dwelling) means a building or cluster of buildings consisting of three or more dwelling units.

Includes: Congregate Housing;

Excludes: Tourist accommodation unless expressly permitted in this Bylaw.

Dwelling, Single Detached (or Single Detached Dwelling) means a building containing one dwelling unit or, where permitted by this bylaw, one dwelling unit and one attached suite.

Kitchen means any area in a building that is equipped with any of the following:

• Any equipment, device or appliance used to prepare, heat or cook food;
• Services for energy supply to any equipment, device or appliance used to heat or cook food;
• Appliances or plumbing associated with food preparation or cleaning of cooking equipment, dishes or utensils;
• Services for ventilation associated with any equipment, device or appliance used to heat or cook food; or
• Food storage and preparation areas such as pantries, cupboards, cabinets and counter tops.

Kitchenette means any portion of a room used for the preparation of beverages and limited meals and may contain a raised counter and one each of the following: sink, refrigerator, microwave oven, and coffeemaker.

Personal Service means use of a building to provide services to an individual which are related to the care and appearance of the body or the cleaning and repair of personal effects, and includes accessory retail sale of personal care products.

Includes: Uses such as barber shop, dry cleaning establishment, fitness studio, hair salon, nail salon, photographer’s studio, shoe repair shop, tailor, tattoo parlour.

Principal Use means the primary purpose for which land, buildings or structures are ordinarily used, or designed to be used.

Structure means anything that is fixed to, or supported by, or sunk into land or water. Includes: swimming pools; retaining walls; fences; signs; and any tank that projects above 0.6m above finished grade, underground commercial or industrial tanks. Excludes: areas of hard surfacing such as concrete, brick or unit pavers, turfstone, asphalt or similar materials; soft landscaping unless otherwise specified in this Bylaw; private residential septic tanks entirely below grade.

Suite, Attached (or Attached Suite) means a dwelling unit that is located within a building that also contains a principal dwelling unit, and that complies with Section 5.19* of this Bylaw.

*NOTE: The Section referenced is bylaw-specific. Please check with the applicable zoning bylaw for the application section.

Suite, Detached (or Detached Suite) means a dwelling unit that is itself, or located within, an accessory building on a parcel of land that contains at least one other dwelling unit, and that complies with Section 3.21A* of this Bylaw.

*NOTE: The Section referenced is bylaw-specific. Please check with the applicable zoning bylaw for the application section.