Heritage Revitalization Agreements: Legislation

A local government may, by bylaw, enter into a heritage revitalization agreement under this section with the owner of heritage property.

The Local Government Act offers this heritage conservation tool when the local government has adopted it through an enabling bylaw.

A heritage revitalization agreement may do one or more of the following:

a)  include provisions regarding the phasing and timing of the commencement and completion of actions required by the agreement;

b) vary or supplement provisions of one or more of the following:

i. a bylaw or heritage alteration permit under this Part;

ii. a land use permit under Part 14 [Planning and Land Use Management];

iii. a land use regulation bylaw under Part 14;

iv. a bylaw under Division 11 [Subdivision and Development: Requirements and Related Matters] of Part 14;

v. a bylaw under Division 19 [Development Costs Recovery] of Part 14;

c) include other terms and conditions that may be agreed on by the local government and the owner.

The HRA can set out the activities and timeline of the intended project and/or it can vary or supplement land use permits/regulations and other mutually agreeable activities.

A heritage revitalization agreement prevails over a bylaw or permit referred to in subsection (2) (b) to the extent of any conflict.

The alteration to existing bylaws and land use regulations is a key feature of the heritage revitalization agreement, making this a strong tool for retention and conservation, as well as for achieving local planning and development goals (see Benefits in this guide for more information).

A heritage revitalization agreement may be amended by bylaw only with the consent of the owner.

5.

A local government must not require an owner to enter into or consent to the amendment of a heritage revitalization agreement as a condition of issuing any permit, licence or other authorization that may be required to enable the heritage property to be used or developed in accordance with the applicable bylaws.

These items explain the rights of the property owner:

• HRAs can be used only with the cooperation of the property owner.
• A property owner is not required to enter into an HRA to achieve something that is already permissible.

A local government must not enter into or amend a heritage revitalization agreement unless the agreement or amendment is approved as follows:

a. by the minister, if circumstances prescribed under subsection (7) apply;

b. by the minister responsible for the administration of the Transportation Act, if the agreement or amendment covers land subject to section 52 (3) of that Act.

7.

The minister may, by regulation, prescribe circumstances in which approval under subsection (6) (a) is required.

This provides special conditions that require the approval of the Province of BC. The Province has the authority (related to these conditions) to make further requirements.

Before entering into or amending a heritage revitalization agreement, a local government must hold a public hearing on the matter if the agreement or amendment would

a. permit a change to the use or density of use that is not otherwise authorized by the applicable zoning of the property, or

b. alter a zoning bylaw in relation to residential rental tenure as defined in section 455,

and, for these purposes, Division 3 [Public Hearings on Planning and Land Use Bylaws] of Part 14 applies.

A public hearing is required if the application proposes to change density or a change to the current rental situation.

Despite section 135 [requirements for passing bylaws] of the Community Charter, if a public hearing on the matter has been held under subsection (8) of this section, the local government may adopt the bylaw under this section at the same meeting at which the bylaw passed third reading.

After holding a public meeting, the HRA bylaw can be passed at the third reading.

Within 30 days after entering into or amending a heritage revitalization agreement, the local government must

– file a notice in the land title office in accordance with section 594, and

– give notice to the heritage minister in accordance with section 595.

HRAs must be reported to land titles and the Heritage Branch within 30-days of approval.

If a notice is filed under subsection (10) (a), the heritage revitalization agreement and any amendment to it is binding on all persons who acquire an interest in the land affected by the agreement.

The conditions of an HRA are specific to the property and not the owner. For example, the HRA will survive a change of ownership.