The B.C. government has warned the District of Sooke that its zoning bylaws must be updated within 30 days to comply with provincial legislation aimed at increasing housing density — or the province will step in directly.
In a letter to Mayor Maja Tait and council, Housing Minister Ravi Kahlon said Sooke has yet to update its zoning bylaws to meet the requirements of Bill 44 under the Local Government Act.
The bill, designed to address British Columbia's housing crisis, mandates that municipalities adopt zoning policies allowing for greater residential density.
“The province is taking necessary steps to ensure that the District of Sooke complies with Bill 44 to create more homes for people,” Kahlon said.
If Sooke fails to meet the deadline, the provincial government plans to issue a ministerial order to enforce compliance. The order would impose zoning changes, including identifying housing types, densities, and specific locations in zones currently classified as restricted.
The province flagged several zoning classifications in Sooke as non-compliant, including RU4, R1, R2, R3, CD1, CD2, and CD5. These zones currently fail to meet the provincial requirement of a minimum of three or four housing units per parcel, depending on their designation.
The letter noted limited exemptions, such as for parcels outside urban containment boundaries or those meeting specific criteria under the Local Government Act. However, the overall expectation is that Sooke align its bylaws with provincial standards to allow higher-density housing.
During council discussion at Monday's meeting, Tait acknowledged the challenges posed by the directive, particularly regarding restricted zones.
“There are reasons why the restricted zones are restricted,” Tait said. “For the ministry to open up all those zones would be challenging. I feel it’s a very medieval approach, but we do need to look at adopting this bylaw.”
She also noted that the province’s mandate could conflict with Sooke’s official community plan (OCP), particularly regarding density-related policies. Council has requested a staff report to clarify the implications of the bylaw changes.
Tait, supported by Coun. Kevin Pearson, introduced a motion for council to formally acknowledge the minister’s letter, direct staff to prepare a report outlining the impact of the province’s directive, and draft a bylaw. The motion schedules the report for review at the Feb. 17 committee of the whole meeting, one day before the province’s deadline.
“This report will help council understand the full impact of the ministry’s plan and determine whether to move forward with adopting the bylaw,” Tait said.
The provincial push for increased housing density aligns with guidelines promoting small-scale multi-unit housing, which aim to make housing more affordable through higher-density developments.
The letter also reminded Sooke that local governments cannot use development permits, land-use regulations, or heritage designations to obstruct housing densities required under Bill 44.
If Sooke fails to act within 30 days, Kahlon warned the province would issue a ministerial order to force compliance. This action would significantly increase minimum housing densities in affected areas, effectively overriding local zoning authority.
The province’s move is part of a larger strategy to address B.C.’s housing shortage by requiring municipalities to adopt higher-density residential zoning.