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03Dec
2010

Legislative Powers Fettering Agreements - The New Kid on the Block

The Supreme Court of Canada's observation that municipalities cannot "sell zoning" in the absence of provincial legislation implementing a different public policy, must in British Columbia be understood in the context of s. 904 of the Local Government Act (previously s. 963.1), the amenity zoning power mentioned in the notorious Pacific National Investments case. Section 904 enables municipalities to exchange density under a zoning scheme for affordable housing, for amenities, or for both.

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