Is Bylaw 1949 a zoning or procedural hearing under section 903 of the Local Government Act?
British Columbia, Canada
The following excerpt is from Thompson-Nicola Regional District v. 0751548 B.C. Ltd., 2014 BCSC 1867 (CanLII):
However, I do not consider Bylaw 1949 to be, in substance, a zoning bylaw which requires the procedural hearing provisions applicable to such bylaws. It was not adopted under section 903 of the Local Government Act and, therefore, is not prima facie a zoning bylaw as defined in section 5 of the Act: Peters v. Chilliwack (District) (1987), 1987 CanLII 2885 (BC CA), 43 D.L.R. (4th) 523 (B.C.C.A.). More significantly, Bylaw 1949 does not purport to establish zones within the regional district or differentiate the use of land between zones. Bylaw 1949 simply regulates manufactured home parks wherever they are permitted by the regional district in its Zoning Bylaw.
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