The Province of B.C. has decided that it will not bring into force legislation presently to establish shelter criteria when local governments seek injunctions for decampment.
Bill 45, which received Royal Assent last fall, amended the Community Charter and Vancouver Charter to require local governments who seek injunctions for removing encampments to ensure there is reasonably available shelter to a certain standard.
UBCM opposed the legislation on the grounds that the province is not providing adequate shelter space to the quality established by the legislation in B.C. communities. As a result, if enacted, the legislation would make it highly unlikely that a court would grant local governments an injunction for decampment. The likely result of the legislation would be an increasing number of encampments in B.C.’s communities.
“The decision to not bring these changes into force at this time is the right call,” said Councillor Trish Mandewo, president of the Union of B.C. Municipalities. “Communities across B.C. lack sufficient provincial shelter space, which is why we are seeing so many encampments being established. This decision will allow local governments to continue to seek court injunctions for decampment when necessary. That’s an important tool while we await additional provincial investment to expand local shelter spaces available for unhoused residents.”
The Province to delayed enactment of the legislation last fall to allow time for the Ministry of Housing to consult with UBCM and others. Following that consultation, the Ministry of Housing conveyed in a letter to UBCM and others that it will not be bringing the legislation into force at the present time.
The Community Charter and Vancouver Charter allow municipalities to apply for a court injunction to enforce their bylaws when necessary, including in cases where sheltering takes the form of a continuing encampment.
The Province did not indicate whether it would revisit bringing the legislation into force at a later date. UBCM continues to call on the Province to invest in shelter spaces, supportive housing and complex care facilities, affordable housing, and outreach services to help address homelessness throughout BC.