Whereas the Province of BC passed Bill 44 Housing Statues Residential Development Amendment Act in 2023 to reduce zoning barriers for small-scale multi-unit housing and required municipalities to update Official Community Plans and zoning bylaws to allow for increased densification; And whereas private common-law covenants on land titles can be out of alignment with updated Bill 44 zoning and leads to regulatory confusion and barriers to achieving Bill 44 objectives: Therefore be it resolved that UBCM request that the Province work on a mechanism to override or neutralize outdated common-law covenant provisions on land titles that are inconsistent with the implementation of Bill 44.
Ministry of Housing and Municipal Affairs The Province recognizes that, in some cases, private covenants can limit the types of housing that may be developed on a property, which may affect Bill 44s goal of better enabling small-scale multi-unit housing across British Columbia. The Province understands the importance of a clear and predictable regulatory framework that supports housing opportunities by effectively balancing private property rights and community interests. These concerns will be taken into account as part of the monitoring of Bill 44s implementation. The Province remains committed to supporting the delivery of small-scale multi-unit housing and working with local governments and stakeholders to ensure that Bill 44 achieves its intended outcomes and operates in the interests of all residents of British Columbia.