DCC Now graphic: Bill 44 and Bill 25, who decides what in Delta. Provincial rules, council powers, four questions for every candidate. October 4, 2026. Public information, no candidate endorsement.

Bill 44 and Bill 25: Who Decides What in Delta?

Housing rules come up in every campaign, but few explain which level of government decides what. This is a plain guide to the two laws behind much of the debate, based on the bill text, the Province’s bulletin, Delta’s own council report, and written replies from the Ministry. We are not endorsing any candidate. This page is general information, not legal advice.

What Bill 44 did

In 2023 the Province required municipalities to allow small-scale multi-unit housing (SSMUH) on lots previously zoned for single-detached homes and duplexes. Delta adopted its SSMUH zoning on June 24, 2024. The City notified the Province of compliance with those original requirements on June 27, 2024. Applications that meet the rules go straight to a building permit, without a rezoning or other council approval.

The Province sets the minimum number of units. Council does not. On a lot in a restricted zone, the bylaw must allow three to six units, depending on lot size and distance to frequent transit. Council can allow more. It cannot allow fewer, outside the listed exemptions.

What Bill 25 adds

Bill 25, the Housing and Municipal Affairs Statutes Amendment Act, 2025, passed third reading on November 24, 2025 and received royal assent on November 27, 2025. The Province says differing interpretations of where Bill 44 applied were limiting housing. Bill 25 responds in four ways:

  • It defines a “restricted zone” more broadly (Local Government Act, s. 481.3 (3.1) and (5.1)). The definition covers a zone in which residential use would otherwise be limited to detached single-family dwellings, those dwellings with one or two extra units, duplexes, or duplexes with extra units. The Province’s November 28, 2025 bulletin says that if any parcel in a zone is restricted, the whole zone counts, and the minimum unit rules apply on all lots in that zone.
  • Every residential lot in a restricted zone must permit three to six units, depending on lot size, location, and distance to frequent transit. Exemptions include hazard lands (with a qualified professional’s report), heritage-protected land, land without municipal water and sewer, and parcels over 4,050 m². If a bylaw already meets the new definition, the bulletin says no further action is required.
  • Where a change is required, the zoning bylaw had to comply by June 30, 2026, and the official community plan (OCP) must be updated by June 30, 2027. Extensions can be granted no later than December 31, 2030. A municipality that was already compliant did not have to notify the Minister.
  • Section 481.3 (6) lets the Province make regulations on siting, size, dimensions, location, type, form, or density of these units. The bulletin says this covers building form, floor area, and off-street parking for projects under six units. It also says the change has no immediate effect. It allows minimum standards to be set later.

A debate about Bill 44 alone leaves these parts out. The Provincial Policy Manual and Site Standards is guidance. It is not itself a bylaw. The manual says high on-site parking minimums and height limits of 1 to 2.5 storeys deter these projects, and treats 11 metres as a workable limit for three storeys.

Who decides what

LevelWhat it decides
ProvinceMinimum units per lot, deadlines, exemptions and extensions, the Policy Manual and site standards, and any future regulations under s. 481.3 (6). Only the Legislature can repeal or amend Bill 44 or Bill 25.
Delta councilWhether and how Delta’s zoning and OCP meet the rules, and local standards such as height, setbacks, lot coverage, and subdivision frontage. Council must consider the provincial guidelines. A January 10, 2025 letter from the Housing Minister says Bill 44 also requires that a local government not otherwise restrict the required development, and cites Local Government Act s. 457.1: council must not use its powers to unreasonably prohibit or restrict the use or density required under s. 481.3. Council cannot require off-street parking on lots that must allow six units, and cannot hold a public hearing on a bylaw whose sole purpose is compliance.
One council aloneCannot repeal either law. Councils can pass resolutions (for example at the Union of BC Municipalities), write to the Minister, and request changes.

On April 7, 2026, a senior planning analyst at the Ministry replied in writing to a Delta resident’s question about a proposed 15-metre minimum subdivision frontage. The reply says the statute sets lot sizes for unit counts. It does not set a minimum frontage. Councils may set subdivision and site standards, but “must not use them in a way that limits SSMUH viability.” The analyst did not rule on Delta’s proposal. He said the Province is monitoring and may later strengthen the rules, and directed the question back to the City.

What Delta’s own record shows

  • On June 24, 2024, council adopted SSMUH zoning that allows the required unit counts, and kept Delta’s own standards on setbacks, height, and lot coverage rather than the provincial site standards.
  • The January 10, 2025 letter to Mayor George V. Harvie acknowledges that Delta met the June 30, 2024 unit-density deadline. It asks council to look again at alignment with the site standards: about 3 storeys and 11 metres where three to six units are allowed, lot coverage of 40 to 60 percent depending on unit count, flexible setbacks, lower parking minimums, no restrictive form-and-character permits, and no floor-area ratio used to limit building size. It says future infrastructure investment is intended to favour communities that meet or exceed those standards.
  • From June 25, 2024 to December 31, 2025, Delta issued building permits for 786 SSMUH units, according to the April 27, 2026 staff report: 164 single-detached dwellings, 138 duplex dwellings, 315 secondary suites, and 169 coach houses and garden suites. The report counts single-detached homes and suites in that total. It is not 786 multiplex buildings.
  • The same report proposed five zoning changes: add houseplexes, raise the height limit by one metre (not an extra storey), standardize small-scale zones, remove floor-space-ratio rules, and increase minimum lot dimensions for subdivision. Staff said the larger lot size was meant to fit four units, parking, trees, and landscaping. Developers raised concerns about larger minimum lot sizes and the 40 percent lot-coverage limit.
  • Engagement in November 2025 drew 826 survey responses (448 from the public and 378 from the Delta Insights Panel). Staff reported that 54 percent said the approach needs more work and 39 percent said it was on the right track or needed minor adjustments. About 90 percent of respondents were homeowners. Staff concluded there was no clear consensus. They recommended monitoring, developing a standalone houseplex zone, and reporting back in 2027. Council was asked to receive the engagement summary into the record.
  • On August 31, 2026, a senior planning analyst wrote that Delta had not notified the Province of Bill 25 compliance. He also wrote that a municipality already compliant with Bill 25 was not required to notify. Each local government decides which zones are affected. The Minister may take compliance action if a local government does not comply. That letter is not a finding that Delta missed the deadline.
  • Councils that had to change their zoning for Bill 25 must update their OCP by June 30, 2027. That date falls to the council elected on October 17.

Four questions we are asking every candidate

  1. Delta notified Bill 44 compliance on June 27, 2024, and as of August 31, 2026 had not notified Bill 25 compliance. Do you believe Delta’s zoning already met the June 30, 2026 Bill 25 rules, and how will you handle the OCP update due June 30, 2027?
  2. What will you do with the powers council already has under Bills 44 and 25, including height, setbacks, lot coverage, parking, and subdivision frontage?
  3. What will you ask the Province to change, and how will you ask?
  4. Would you bring the April 27, 2026 SSMUH proposals back to council before the 2027 staff report?

We will share every answer as received, unedited. Candidates can reply in the comments on our Facebook group post or message DCC Now directly.

Sources

  • Bill 25 – 2025, Housing and Municipal Affairs Statutes Amendment Act, 2025. Third reading November 24, 2025. Royal assent November 27, 2025. Legislative Assembly of British Columbia. Local Government Act, s. 481.3 and s. 457.1. Bill text (PDF).
  • Ministry of Housing and Municipal Affairs, Policy Bulletin: Bill 25, November 28, 2025. Provincial copy. DCC Now copy.
  • Ministry of Housing and Municipal Affairs, Small-Scale, Multi-Unit Housing Provincial Policy Manual & Site Standards, including Table 2 (p. 37).
  • Letter from Minister Ravi Kahlon to Mayor George V. Harvie, January 10, 2025 (Attachment A to the April 27, 2026 council agenda). PDF.
  • Written reply from Jonathan Bleackley, Planning and Land Use Management Branch, April 7, 2026, on subdivision frontage and site standards. Image.
  • Written reply from Matthew Smith, Planning and Land Use Management Branch, August 31, 2026, on Bill 25 compliance notification. Image.
  • City of Delta, Council Report P25-15, “Small-Scale Multi-Unit Housing Phase 2 – Update and Next Steps,” April 27, 2026. Council agenda copy. DCC Now copy.

Related guides: What Bill 44 Does — and What It Does Not · What Bill 25 Does — and What It Does Not.

This page is general information, not legal advice.

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