The Community Charter and concurrent authority
The Community Charter came into effect on January 1, 2004. Among its many provisions, the Charter gives municipalities broad powers to regulate activities within their communities.
The Community Charter also introduces the concept of concurrent authority for five areas in which local governments and the provincial government share an interest in regulating activities. Building standards - anything covered by provincial building regulations - is one of the five areas of concurrent authority.
Under the Charter, local government bylaws that alter the technical standards or application of the BC Building Code must be submitted to the Building and Safety Policy Branch, for approval by the Minister.
Which bylaw provisions are subject to concurrent authority?
Proposed local government bylaws, or amendments to existing bylaws, that include technical standards that are additional to or different from the standards in the BC Building Code are subject to concurrent authority. Bylaws that alter the scope or application of code provisions related to Letters of Assurance, or the Letters themselves, are also subject to concurrent authority. All such bylaws must be submitted to the Building and Safety Policy Branch for approval by the Minister.
Local governments are responsible for determining if they need bylaw approvals and for ensuring that they receive them. The Building and Other Structures Bylaws Regulation specifies which building-related matters can be regulated autonomously by local governments and which require the Minister’s approval.
Which bylaw provisions are not currently subject to concurrent authority?
Administrative matters may be dealt with autonomously at the local level. For example, a bylaw that establishes procedures for the administration and enforcement of the Building Code, such as plan review and building inspection, is not subject to concurrent authority and does not require the Minister's approval.
Local governments continue to have authority to regulate construction for buildings that are exempt from the Building Code and structures that are not buildings as defined in the Code.
Are existing bylaws that establish building standards still valid?
Yes, existing local government bylaws that are legally in effect as of December 31, 2003 remain in effect. However, if provisions that include building standards are amended, the bylaw should be submitted for to the Building and Safety Policy Branch for Minister's approval.
What if Minister's approval is not obtained for a proposed building standards bylaw?
A new bylaw, or an amendment to an existing bylaw, on a matter that is subject to concurrent authority has no effect in law unless it has been approved by the Minister responsible.
Further information
Sites with information on the Community Charter and concurrent authority:
If you have questions on concurrent authority for building regulation, please contact the Building and Safety Policy Branch at (250) 356-6633 or at Building.Safety@gov.bc.ca.
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