Legal Analysis of Health Planning Law in British Columbia
Creators: name: Luk, Timothy H.
Publisher: name: The University of British Columbia
Year: 2020

description: Over the past half century, North American cities have moved towards single use zoning, which has increased automobile dependence and decreased density. This has resulted in a built environment which harms public health by reducing daily physical activity and increasing sedentary lifestyles. Health issues associated with this include obesity, diabetes, heart disease, depression, and anxiety. While we can mitigate some of these negative externalities through dedicated exercise and healthcare, this creates equity issues as these mitigation measures require capital and free time. One solution which has the potential to be more equitable and effective is the implementation of health-based planning initiatives aimed at developing walkable neighbourhoods, which facilitate and emphasize active transportation and physical exercise. This paper examines the major components of planning law in BC with a focus on local government’s ability to enact zoning and other regulatory bylaws focused on core components of walkability; including mixed use, density, connectivity, and attractiveness. This examination includes municipal authority to enact zoning, regulatory bylaws designed to support zoning bylaws, and the use of Official Community Plans. The report’s key finds include: • The authority to zone is a core tool of local governments and in BC the enabling legislation is worded to allow for broad authority on the part of local governments. Zoning authority includes control over density limits and types of use. Further, courts have upheld the power of local governments to use their zoning power in such a manner that creates a high threshold for arguments of de facto expropriation on the part of local governments. • Regulatory bylaws can provide substantial support to health planning initiatives when they work in tandem with zoning regulations. These powers must be utilised carefully, as the enabling legislation has strict rules for bylaw adoption, depending on the authority being used. A new development for health planning is the adoption of “public health” as a fundamental power of local governments in the Community Charter, meaning that local governments may adopt bylaws specific to public health, provided they adhere to protocols set out by the provincial government. • Official Community Plans can be a useful tool to allow local governments to adopt long term, comprehensive strategies to promote public health, and they are a way that the provincial government could emphasize public health planning in communities across BC. However, the adoption of these documents is not mandatory and depending on their content, they may not provide the strong guidance or enforceability to be effective. Overall, this report concludes that the current planning legislation in BC provides sufficient tools and authority for local government to enact many types of health planning initiatives, focused on the core principles of mixed use, density, connectivity, and attractiveness. This can be achieved through the coordinated use of zoning regulations, regulatory bylaws, and provincial government initiatives. A gap identified in the legislation is the mandate to enact such initiatives. As such, it will require political will by politicians, local organisations, and/or residents to see health planning initiatives enacted and sustained.