Amidst the Province’s fall sitting—five separate pieces of legislation were introduced that, taken together, will fundamentally shift the way local governments plan for and manage housing—the UBCM Executive Board met for its quarterly meeting on November 16 – 17.
While some elements of the legislation follow from UBCM advocacy—including new supports for local government regulation contained within the short-term rental legislation—there are areas of concern, primarily because the legislation is sparse on details. Cabinet regulations, developed after the legislation passes, will determine exactly how these new laws will be enacted locally. Critical details related to siting, size, location or type of housing units; exemptions from new requirements; and how BC communities can address encampments in the absence of shelter space remain unknown.
For a review, read our recent Compass articles related to these bills.
Executive members raised concerns about the various pieces of legislation at their November meeting, noting that centralized and expedited planning increases the risk of unintended consequences—which could be limited with open consultation with local governments.
These bills indicate a distinct change in the Province’s approach, towards intervention in local government jurisdiction. What started with provincially mandated housing targets for specific municipalities under the Housing Supply Act, has been followed by Bills 35, 44, 45, 46 and 47 centralizing significant elements of the local planning framework, substantially changing development financing, creating new provincial rules on short term rentals, homeless encampments, and more.
Bill 45 particularly concerns Executive and UBCM members, because it has the potential to tie local governments’ hands when it comes to managing entrenched encampments with serious health and safety issues. The proposed amendment will require local governments that need to apply for an injunction against an encampment to first provide evidence that there is reasonably available shelter space to a specified quality.
“The problem with that is there isn’t enough shelter space across BC relative to the homeless population, so practically speaking it would become very difficult for a local government to get an injunction,” said UBCM President Trish Mandewo.
Using an injunction is an absolute last resort, but the option is there to ensure public safety and access to public spaces.
The Board decided to signal its opposition to Bill 45, starting with a meeting with Housing Minister Ravi Kahlon to express UBCM members’ concerns and to advocate for the bill to be withdrawn. Kahlon declined to withdraw the Bill. Based on direction from the Board, UBCM then issued a news release outlining members’ concerns and an op-ed published in the Vancouver Sun.
Mandewo conducted several interviews on the topic with news media across the province. As stated in the news release, op-ed article, and Mandewo’s interviews, local governments are eager to work together with the Province on housing issues and are relying on support from the Province through BC Housing to meet the needs of homeless persons.
Journalists have added further nuance and clarity to the issue, pointing out that the legislation is also not supported by homeless advocacy groups, who are arguing from a different angle that the bill fails protect homeless persons. On Tuesday UBCM hosted a Zoom meeting for over 100 local elected officials and government staff to meet with legal counsel about possible implications of Bill 45.
The Bill was raised on Tuesday afternoon in Committee and will continue to be debated on Wednesday, November 29. The last day of the Fall sitting is November 30. UBCM staff continue to engage with the Province to minimize unintended consequences for communities.