WHEREAS Section 946 of the Local Government Act Subdivision to provide residence for a relative allows members of families to reside on adjacent parcels in rural communities, facilitating farming and similar operations; AND WHEREAS the wording of Section 946 lacks clarity, and in particular enables un-related co-owners with an undivided interest in properties to circumvent local government bylaw requirements related to subdivision densities, and has no requirement to prove the nature of a relationship and to ensure that title is transferred to the relative: THEREFORE BE IT RESOLVED that Section 946 of the Local Government Act be amended to clarify its intent, and specifically clearly require that subdivisions to provide a residence for a relative be for the relative of a single owner; and be amended to require proof of a relationship and to require that the title be transferred to the relative at the time of registration of the subdivision.
MINISTRY OF COMMUNITY SERVICES The authority in section 946 is intended to provide flexibility to enable families to live in proximity to each other in rural areas, which is particularly important for the continued operation of family farms and other businesses in rural locations. This provision was amended in 2002 to enable local governments, by bylaw, to establish minimum parcel sizes for parcels that are subdivided under this section. Such an amendment was requested by the UBCM through its endorsement of resolution B58 2002. This effectively enables local governments to override the subdivision entitlement created by section 946, and to deal with proposals for rural subdivision for relatives under their discretionary rezoning powers. If the new parcel is not within the Agricultural Land Reserve, approval of subdivision is conditional on the owner entering a covenant with the local government that the new parcel will be used to provide a residence for a relative and will not be further subdivided section 9468. The covenant must be registered on title to the new parcel, and the approving officer must note this on the plan of subdivision. The new Fourth Edition of the Guide for Approving Officers, published by the Local Government Management Association of BC, provides advice and a checklist in Appendix C2 on the creation of a parcel for the residence of a relative, including the requirements for a restrictive covenant.