FAQs
Did Esquimalt have any say in whether to implement this?
No. The legislation is mandatory for all qualifying municipalities. Esquimalt was required by provincial law to amend its zoning to allow SSMUH. The Township had no legal option to opt out.
What is the goal of the public engagement?
To obtain community feedback on the discretionary areas within Bylaw 3142 (RSM-1 and RSM-2) where the Township has discretion to make amendments, and to provide Council with community-informed perspectives before considering potential amendments.
What exactly is the public being asked to do in this engagement?
Residents are being asked to respond to what already exists — Bylaw 3142 as currently written. The public’s role is to share what they would like to see changed or kept as is, in the areas where the Township has discretion. This is not an open-ended redesign of the bylaw. It is targeted input on specific, defined topics.
Can the public stop SSMUH from happening in Esquimalt?
No. The provincial legislation (Bill 44) is mandatory and permanent. SSMUH is a permitted use in Esquimalt’s residential zones and will remain so. Community input can influence how SSMUH development happens — its design, character, and impact on neighbourhoods — within the framework the province has set.
Will community input actually make a difference?
Yes — within the areas where the Township has discretion. The Township is committed to reporting back on how public input was considered in any proposed amendments. Council will make the final decision, informed by what the community has said.
About the bylaw and Bill 44
Building form and character
Height
Setbacks
Landscaping requirements
Privacy and overlook mitigation
Parking (within provincial limits)
Other design-related provisions
3 units on lots under 280 square metres
4 units on lots 280 square metres or larger
Up to 6 units on lots over 280 square metres within 400 metres of a frequent transit stop
What is Bylaw 3142?
Bylaw 3142 is the Township of Esquimalt’s zoning bylaw amendment passed in response to Bill 44. It establishes the RSM-1 and RSM-2 zones, which govern how SSMUH development is permitted across residential areas of Esquimalt.
What are RSM-1 and RSM-2?
RSM-1 and RSM-2 are the two residential small-scale multi-unit zones created by Bylaw 3142. They set out the specific rules — including unit counts, height, setbacks, parking, and design — that apply to SSMUH development in Esquimalt. RSM-1 and RSM-2 apply to different lot types and contexts across the municipality.
What parts of Bylaw 3142 can the Township amend?
The Township has discretion to amend the following areas, and these are the focus of the current community engagement:
Any amendments must remain consistent with provincial requirements — they cannot reduce the number of permitted units or conflict with Bill 44.
Does Bill 44 require public hearings before zoning is changed?
No. In fact, Bill 44 prohibits public hearings for zoning bylaw amendments made specifically to implement SSMUH requirements. This is why the Township was not able to hold a public hearing when Bylaw 3142 was first adopted.
What is Bill 44 and why does it matter to Esquimalt?
Bill 44 — the Housing Statutes (Residential Development) Amendment Act — is a provincial law passed by the BC Legislative Assembly in November 2023. It requires all BC municipalities with populations over 5,000 to update their zoning bylaws to allow small-scale multi-unit housing (SSMUH) on lots previously zoned for single-family homes or duplexes. The Township of Esquimalt is required to comply. This is not optional.
Can the Township reduce the number of units Bill 44 allows?
No. The minimum unit counts established by Bill 44 are mandatory. The Township cannot zone to allow fewer units than the provincial minimum. Any bylaw amendments must work within — not against — the provincial framework.
Why did the province do this?
The province identified single-family-only zoning as a key barrier to housing supply during a period of significant housing affordability pressures across BC. The legislation is part of the broader Homes for People action plan, which the province estimates could result in upwards of 130,000 new small-scale multi-unit homes over the next ten years.
Why wasn’t the public consulted when Bylaw 3142 was first adopted?
Provincial legislation (Bill 44) expressly prohibited public hearings for the zoning bylaw changes required to implement SSMUH. The Township was legally unable to hold a public hearing at that time. The current engagement is the Township’s commitment to going back to the community now that the bylaw has been in effect — to hear concerns and aspirations and use that input to inform potential amendments.
How many units does Bill 44 allow on a single-family lot?
The number of permitted units depends on lot size and proximity to transit:
These are provincial minimums. Municipalities may not zone for fewer units than this requires.
When did this become law and when did Esquimalt have to comply?
Bill 44 was signed into law on November 30, 2023. All municipalities were required to update their zoning bylaws by June 30, 2024. Esquimalt passed Bylaw 3142 to meet that requirement.
How will we know what happened with our input?
The Township will prepare a summary of what was heard and report back on how community input was considered in the recommended amendments presented to Council. This commitment is part of the engagement promise.