Burnaby council has yet again refused to comply with provincial housing legislation requiring cities to allow taller apartment buildings near SkyTrain stations, waiting until the provincial election results are in before confirming any changes to the city's zoning bylaw.
The city had previously defied the provincial NDP government's mandate to implement a transit-oriented development bylaw by June 30 and postponed the matter until a later date.
The legislation requires cities to allow between eight- and 20-storey buildings within certain concentric rings drawn around rapid transit stations, known as transit-oriented areas or TOAs.
Coun. Sav Dhaliwal motioned to table the bylaw again until council requests to bring it back for discussion.
Dhaliwal said community input had previously convinced council not to proceed and he doesn't see that changing.
"In fact, things have become complicated," Dhaliwal said.
He said the provincial political parties have had "open discussion" during their campaigns on whether the housing legislation in question will remain in the next government or whether it would be rescinded.
As the election results are still up in the air, Dhaliwal said he didn't see a reason to change things, "all just to find, in a few weeks, (where) things are going to go."
There was no further discussion around the council table, and Dhaliwal's motion to table the bylaw was passed unanimously.
The Burnaby NOW followed up with Mayor Mike Hurley after the meeting.
"We want to see what plays out here," Hurley said, and added: "Are the government going to look and say, 'Well this is one of the reasons we didn't hold on to all our seats?'"
While all five Burnaby ridings remained NDP, the mayor said the issue is "a lot bigger than Burnaby."
But Hurley wouldn't say he necessarily wanted the Conservatives to form government either.
"The housing legislation, in my opinion, needs to be changed. ... I don't even know that the Conservatives would change it. I don't know that. But I'm hoping that the NDP will have a sober second look."
If the city does not comply with the mandate, the province can overrule the city's bylaws and designate the transit-oriented areas from above.
The legislation is intended to promote the development of livable communities that are more accessible, affordable and sustainable, with easy access to transportation options, according to the Ministry of Transportation and Infrastructure.
The province wrote a letter in August indicating the city had "failed" to designate the TOAs and ordered Burnaby to designate them by Oct. 31.
CAO Leon Gous said the city has not received any information on what a provincially written bylaw would look like but guessed it would be exactly as laid out by the legislation.
The NOW has asked the Ministry of Transportation and Infrastructure if the province is ready to implement a TOA bylaw in Burnaby as of Nov. 1
The final results of the provincial election will be known by Oct. 28.
