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View Royal Exploring Judicial Review regarding the legality of undemocratic housing legislation from the Province, that overrides Local Government powers. Invites other municipalities to join.


By Sasha Izard
Dec 9, 2025

The Township of View Royal has announced that it is exploring possibilities for judicial review of the legality of the highly questionable housing legislation over the last several years, which overrides municipal powers over zoning and public hearings.

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The following is quoted from the Township’s website: View Royal – Invitation to BC Municipal Councils Re: Judicial Review of Provincial Housing Laws – Bills 44, 47, 13, 15, and M216

Invitation to BC Municipal Councils Re: Judicial Review of Provincial Housing Laws – Bills 44, 47, 13, 15, and M216

December 8, 2025

Municipalities across British Columbia are now subject to a suite of provincial housing laws — Bills 44, 47, 13, 15, and M216 — introduced and passed at remarkable speed, with limited consultation and, in some cases, under non-disclosure agreements that prevented open discussion. The timing of these Bills, released after the Union of British Columbia Municipalities (UBCM) resolution deadline, removed the only coordinated opportunity for local governments to provide input or seek policy direction. As a result, councils were left without a meaningful role in shaping legislation that fundamentally alters their authority.

These Bills are not simply about housing supply. Individually and collectively, they alter how local democracy functions. Powers traditionally exercised by elected councils have shifted to prescriptive provincial requirements and external decision-makers. The cancellation of public hearings for many zoning decisions has further limited residents’ ability to participate in community planning. Taken together, these changes raise serious questions about whether local governments can continue to operate as accountable democratic institutions.

View Royal Council has authorized the Mayor and Chief Administartive Officer (CAO) to explore a coordinated Judicial Review and to invite other municipalities to consider joining. The purpose of such a review is not to oppose housing, but to obtain clarity on whether the Province acted within lawful limits and whether proper democratic and procedural safeguards were respected. 

A Judicial Review would seek answers to key questions:

• Whether these Bills, individually or combined, have eroded councils’ capacity to govern and consult their residents.
• Whether eliminating public hearings is consistent with procedural fairness.
• Whether the Province exceeded its authority in reshaping core municipal land use powers.
• Whether the speed, secrecy, and timing of the legislative process met principles of responsible governance.
• What limits exist on unilateral changes to local democratic authority.
  
  

Without clarity, municipalities are left uncertain about their future role and accountability to their communities.

We invite your council to consider joining a coalition of municipalities to examine these issues together and to share the associated work and costs.

Appendix: Sample Resolution for Councils [PDF – 72 KB]

Contact

Mayor Sid Tobias
Office of the Mayor & CAO
mayortobias@viewroyal.ca
250-216-5339

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Appendix: Sample Resolutions for Councils (From the Township of View Royal website).

Sample Resolution for Councils Re: Judicial Review of Provincial Housing
Legislation, including Bills 44, 47, 13, 15, And M216

THAT Council express its interest in joining a coalition of British Columbia
municipalities and regional districts to evaluate and potentially pursue a
coordinated Judicial Review of provincial housing legislation, including Bills 44,
47, 13, 15, and M216;

AND THAT Council note concerns regarding the lack of consultation, the use of
non-disclosure agreements, the timing of legislative release after the UBCM
resolution deadline, the removal of public hearings, and the cumulative erosion of
local democratic authority;

AND THAT Council support the creation of a joint municipal working group to
identify shared legal issues, coordinate information, and explore cost-sharing;

AND FURTHER THAT Council authorize the Mayor or designate to engage with
participating municipalities and report back on legal options, partnership
structures, and financial implications.

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See also:

Index of Articles Related to BC Bill M216 – CRD Watch Homepage

Index of articles about View Royal – CRD Watch Homepage

“Statement from View Royal Mayor Sid Tobias on Bill 15 and Bill 7” “Secrecy, NDAs, and the Collapse of Trust” – CRD Watch Homepage

The Government of British Columbia had top figures in the most powerful lobbying organization for development and real estate interests in the province, sign Non-Disclosure Agreements (NDAs) as they advised the Province on adopting mandatory/enforceable targets for municipalities and for other upcoming housing legislation to be able to override local government autonomy. – CRD Watch Homepage

Freedom of Information reveals that the Province of B.C. was working to implement what the registered lobbying organization, the Urban Development Institute, had been pushing for. This culminated in the recent Housing Bills that override local government authority on zoning.  – CRD Watch Homepage

How the Development and Real Estate Lobby Pressed Mandatory Housing Targets, Mass Upzoning, Captured Official Community Plans, and Made the Shutting Down of Public Hearings the Norm in British Columbia Under the NDP Government – CRD Watch Homepage

Index of articles revealing major lobbying influence on B.C. Provincial Housing Bills and Housing Targets. – CRD Watch Homepage

Index of articles regarding Law and Bylaw – CRD Watch Homepage