The amendments to the Approval Exemption (Controlled Access Highway) Regulation, B.C. Reg. 99/2024, refine the relationship between provincial transportation approvals and local government zoning bylaws, particularly in relation to new housing initiatives under the Local Government Act. The changes clarify references to legislative provisions as they existed at specific points in time, and establish a temporary exemption period that supports provincial housing policy goals while maintaining transportation safety.

The term “zoning bylaw” is now explicitly tied to its meaning in section 1 of the Schedule to the Local Government Act, ensuring consistency across related legislation. This alignment eliminates potential discrepancies in interpretation between provincial and municipal frameworks, particularly as housing and land use legislation continues to evolve.

Section 2 of the regulation introduces both clarifications and technical corrections. A new subsection, 0.1, is added to specify that references to section 481.3 of the Local Government Act—which deals with zoning bylaws and small-scale multi-family housing—must be understood as referring to the version of the Act and its related regulations as they stood on December 7, 2023. This detail locks in the relevant legal context, preventing future amendments to the Local Government Act from retroactively affecting how this regulation is interpreted. The section also revises several phrases in subsections (1)(b) and (c) and (2)(a) and (b), replacing “made under that section” with “made for the purposes of that section.” This adjustment aligns the language more closely with legislative drafting standards, making it clear that the provisions refer to regulations intended to achieve the goals of section 481.3 rather than those formally issued under it.

The addition of section 3, titled Housing needs report approval exemption. This section introduces a targeted, time-limited exemption from the ministerial approval requirement under section 52(3)(a) of the Transportation Act, which normally mandates the minister’s consent for zoning bylaws affecting land near controlled access highways. Under this new exemption, between now and January 1, 2026, local governments do not need ministerial approval for certain zoning bylaws made solely to comply with section 481.7(1) of the Local Government Act. This section pertains to zoning amendments that allow for residential uses identified through a housing needs report. The exemption applies only if the bylaw is not the result of a developer’s rezoning application and if it exclusively authorizes the uses required by section 481.7(1).

However, the regulation preserves critical safeguards related to transportation infrastructure. Subsection (3) explicitly maintains the requirement for ministerial approval if the land affected by a zoning bylaw requires access to a controlled access highway, as defined under the Transportation Act. Subsection (4) further clarifies that this approval requirement remains in force for any zoning bylaw that goes beyond the narrow residential use described in section 481.7(1).

British Columbia (99/2024) November 11, 2025
Disclaimer: Insights are for informational purposes only and do not reflect RRI’s official position or constitute legal opinion.