Western Canadians Aim to Avoid Upzoning Through Private Governments
From Metro Vancouver to Edmonton, developers and homeowners are actively pursuing various forms of 'private zoning' to prevent governments from forcing small apartment buildings into established single-family neighborhoods. This movement represents a continuation of a long-standing tradition among property owners to establish private associations that allow them to set their own rules regarding land use and development.
The Rise of Private Local Governments
Legal specialists are now referring to these arrangements as "private local governments," with British Columbians and Albertans increasingly turning to this approach to sidestep government upzoning mandates. The practice has deep roots in the region, with thousands of gated communities and strata complexes already operating under similar private governance structures across British Columbia.
One of the most significant examples comes from South Surrey, where developer Qualico has proposed attaching restrictive covenants to a new subdivision of 169 lots. These covenants would limit density by restricting each lot to one single-family dwelling plus a secondary suite. Qualico has already obtained conditional approval from the city for this approach, which represents a direct response to provincial government requirements that municipalities approve small apartment buildings in areas traditionally dominated by single homes or duplexes.
Alberta's Parallel Movement
Meanwhile, in Alberta's major cities, similar movements are gaining momentum. In Edmonton, where the city has approved up to eight housing units on most lots for the past two years, homeowners in neighborhoods like Glenora are exploring legally binding covenants that would limit how properties can be used, even after they're sold to new owners.
Edmonton resident Neil Bourgeois described these efforts as "a last resort for homeowners" facing unwanted density increases. Similar neighborhood movements toward restrictive covenants are underway in Calgary, with Alberta real estate lawyers noting that such approaches are becoming increasingly common across the province.
Legal Uncertainties and Government Response
Professor Douglas Harris, a property law specialist at the University of British Columbia, highlighted the uncertainty surrounding whether provincial governments will intervene to stop developers or homeowners from creating these restrictive covenants in single-detached neighborhoods. Since 2023, the B.C. NDP government has required all cities with more than 5,000 residents to accommodate dwellings of four to eight units on detached lots, with higher density requirements near transit hubs and for rental properties.
Harris noted that developers are particularly well-positioned to implement restrictive covenants successfully, as any prospective buyer entering such a subdivision must agree to the covenant terms as part of their land-title agreement. This creates a powerful mechanism for maintaining neighborhood character against government-mandated density increases.
The Scale of Existing Private Governance
The movement toward private zoning builds upon an already substantial foundation of private governance structures in Western Canada. British Columbia alone has approximately 2,600 bare-land-trust subdivisions that can impose rules on what kinds of dwellings are permitted. These range from small developments to massive communities like Arbutus Ridge on Vancouver Island, which represents one of the largest examples of such private governance arrangements.
As governments continue to push for increased housing density to address affordability concerns, property owners and developers are responding with increasingly sophisticated private zoning strategies. This tension between public policy objectives and private property rights continues to shape the urban landscape across Western Canada, with legal experts closely watching how provincial governments will respond to these emerging forms of private local governance.
