Three local government lawyers took a deep dive into Bills 44, 46 and 47 in the Recent Housing Legislation to provide greater clarity and answer questions around new local government obligations with respect to small scale multi-unit housing, new amenity contribution agreements (ACCs) and transit-oriented development.
They discussed the pendulum swing of how local government authority has changed in light of new housing legislation. Historically, the trend has been to broaden the scope of local government authority, empowering local governments, such as through the Community Charter. What we see happening with Bill 44 and 47 is very different. The Province has taken a slice of that empowerment and is now mandating how local governments will deliver land use planning with Bills 44 and 47, according to the lawyers.
The Province is creating zones, determining what land uses are authorized in that zone, telling local governments what they “must” do with respect to small housing and transit-oriented development. All things that were traditionally local government jurisdiction.