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Bylaw Number: 14609CC - Taxation Exemption Bylaw 2023: Consolidated for Convenience

https://bylaws.burnaby.ca/en/permalink/bylaw25985
Description
exempt lands or portions of lands and improvements from taxation
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Bylaw Number: 14634 - Housing Agreement Bylaw 2024 (6620 Sussex Avenue) Bylaw 2024

https://bylaws.burnaby.ca/en/permalink/bylaw25918
Description
Housing Agreement between CoB and 1123523 B.C. Ltd. (as "Owner") for non-market rental housing development
ARTICLE 4 REQUIRED INCLUSIONARY UNITS 4.1 It is acknowledged by the Owner that each Required Inclusionary Unit (including a Replacement Rental Unit that subsequently becomes a Required Inclusionary Unit in accordance with section 3.2(h) or section 3.2(i) of this Agreement) is intended to be made available to a Household in need of affordable rental housing that qualifies as an Eligible Tenant for a Required Inclusionary Unit. 4.2 At the time of first occupancy of the Required Inclusionary Units, the Owner will, to the extent possible, first offer Required Inclusionary Units to those tenants in good standing who were displaced from the Prior Site by the rezoning application associated with the Prior Site and did not qualify as Returning Tenants for a Replacement Rental Unit but do qualify as Eligible Tenants for Required Inclusionary Units.
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Bylaw Number: 14716 - Heritage Revitalization Agreement Bylaw No. 1, 2024

https://bylaws.burnaby.ca/en/permalink/bylaw26007
Description
Lonsdale Guardhouse Residence at 6985 Canada Way: amend previous agreement to accommodate recent updates to the Zoning Bylaw to create the R1 SSMUH District
HERITAGE DESIGNATION 3.1 The Owner irrevocably agrees to the designation by bylaw (the “Heritage Designation Bylaw”) of the Lands and the Heritage House as a City heritage site, in accordance with Section 612 of the Local Government Act, and releases the City from any obligation to compensate the Owner in any form for any reduction in the market value of the Lands that may result from such designation. 3.2 The Owner acknowledges that notice of this Agreement and amendments thereto, and of the Heritage Designation Bylaw, will be registered on title to the Lands in the Land Title Office and once registered, this Agreement and amendments thereto will be binding on all persons who acquire an interest in the Lands. 4.
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Bylaw Number: 14736 - Housing Agreement (6420 Willingdon Avenue) Bylaw 2025

https://bylaws.burnaby.ca/en/permalink/bylaw26029
Description
execution of a Housing Agreement for the non-market rental housing development at 6420 Willingdon Ave
ARTICLE 4 REQUIRED INCLUSIONARY UNITS 4.1 It is acknowledged by the Owner that each Required Inclusionary Unit (including a Replacement Rental Unit that subsequently becomes a Required Inclusionary Unit in accordance with section 3.3(h) or section 3.3(i) of this Agreement) is intended to be made available to a Household in need of affordable rental housing that qualifies as an Eligible Tenant for a Required Inclusionary Unit. 4.2 At the time of first occupancy of the Required Inclusionary Units, the Owner will, to the extent possible, first offer Required Inclusionary Units to those tenants in good standing who were displaced from the Prior Site by the rezoning application associated with the Bylaw No. 14736 Page 15 of 33 Prior Site and did not qualify as Returning Tenants for a Replacement Rental Unit but do qualify as Eligible Tenants for Required Inclusionary Units. 4.3 The Owner agrees to restrict subletting or assignment of a Required Inclusionary Unit, to the extent permitted by the Residential Tenancy Act, except that the Owner may permit an Eligible Tenant to sublet or assign their Required Inclusionary Unit provided the sublessee or assignee qualifies as an Eligible Tenant for a Required Inclusionary Unit. 4.4 For greater certainty, if a Required Inclusionary Unit is rented to a Household that qualifies as an Eligible Tenant at the commencement of such tenancy but such Household subsequently ceases to qualify as an Eligible Tenant due to an increase in the gross household income of such Household, then the Owner will not be in breach of any requirement hereunder so long as the Owner complies with section 2.5(d). 4.5 The Owner acknowledges and agrees that Required Inclusionary Rental Rates apply in perpetuity to Required Inclusionary Units (including a Replacement Rental Unit that subsequently becomes a Required Inclusionary Unit in accordance with section 3.3(h) or section 3.3(i) of this Agreement).
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Bylaw Number: 14745 - Housing Agreement (6263 and 6337 Cassie Avenue) Bylaw 2025

https://bylaws.burnaby.ca/en/permalink/bylaw26038
Description
execution of a Housing Agreement for the non-market rental housing dev at 6263 and 6337 Cassie Ave
Bylaw No. 14745 Page 14 of 33 ARTICLE 4 REQUIRED INCLUSIONARY UNITS 4.1 It is acknowledged by the Owner that each Required Inclusionary Unit (being a Replacement Rental Unit that subsequently becomes a Required Inclusionary Unit in accordance with section 3.2(h) or section 3.2(i) of this Agreement) is intended to be made available to a Household in need of affordable rental housing that qualifies as an Eligible Tenant for a Required Inclusionary Unit. 4.2 Where any Replacement Rental Units become Required Inclusionary Units pursuant to section 3.2(h) of this Agreement, at the time of first occupancy of such Required Inclusionary Units, the Owner is encouraged to first offer such Required Inclusionary Units to those tenants in good standing who were displaced from the Prior Site by the rezoning application associated with the Prior Site and did not qualify as Returning Tenants for a Replacement Rental Unit but do qualify as Eligible Tenants for Required Inclusionary Units and have independently indicated to the Owner their interest in returning to the building. 4.3 The Owner agrees to restrict subletting or assignment of a Required Inclusionary Unit, to the extent permitted by the Residential Tenancy Act, except that the Owner may permit an Eligible Tenant to sublet or assign their Required Inclusionary Unit provided the sublessee or assignee qualifies as an Eligible Tenant for a Required Inclusionary Unit. 4.4 For greater certainty, if a Required Inclusionary Unit is rented to a Household that qualifies as an Eligible Tenant at the commencement of such tenancy but such Household subsequently ceases to qualify as an Eligible Tenant due to an increase in the gross household income of such Household, then the Owner will not be in breach of any requirement hereunder so long as the Owner complies with section 2.5(d). 4.5 Where any Replacement Rental Unit subsequently becomes a Required Inclusionary Unit in accordance with section 3.2(h) or section 3.2(i) of this Agreement, the Owner acknowledges and agrees that Required Inclusionary Rental Rates apply to such a Required Inclusionary Unit in perpetuity from the date such Replacement Rental Unit becomes a Required Inclusionary Unit.
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Bylaw Number: 14751 - Housing Agreement (5860 Olive Avenue) Bylaw 2025

https://bylaws.burnaby.ca/en/permalink/bylaw26045
Description
authorize the execution of a Housing Agreement for the non market rental housing dev at 5860 Olive Ave
ARTICLE 4 REQUIRED INCLUSIONARY UNITS 4.1 It is acknowledged by the Owner that each Required Inclusionary Unit (being a Replacement Rental Unit that subsequently becomes a Required Inclusionary Unit in accordance with section 3.2(h) or section 3.2(i) of this Agreement) is intended to be made available to a Household in need of affordable rental housing that qualifies as an Eligible Tenant for a Required Inclusionary Unit. 4.2 Where any Replacement Rental Units become Required Inclusionary Units pursuant to section 3.2(h) of this Agreement, at the time of first occupancy of such Required Inclusionary Units, the Owner is encouraged to first offer such Required Inclusionary Units to those tenants in good standing who were displaced from the Prior Site by the rezoning application associated with the Prior Site and did not qualify as Returning Tenants for a Replacement Rental Unit, and have independently indicated to the Owner their interest in returning to the building, but do qualify as Eligible Tenants for Required Inclusionary Units. 4.3 The Owner agrees to restrict subletting or assignment of a Required Inclusionary Unit, to the extent permitted by the Residential Tenancy Act, except that the Owner may permit an Eligible Tenant to sublet or assign their Required Inclusionary Unit provided the sublessee or assignee qualifies as an Eligible Tenant for a Required Inclusionary Unit.
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Bylaw Number: 14752 - Housing Agreement (4990 Bennett Street) Bylaw 2025

https://bylaws.burnaby.ca/en/permalink/bylaw26046
Description
to implement a housing agreement for non-market rental units at 4990 Bennett St
NOW THEREFORE in consideration of ten dollars ($10.00) and other good and valuable consideration (the receipt and sufficiency of which are acknowledged by both parties), and in consideration of the promises exchanged below, the Owner and the City covenant and agree as follows: Bylaw No. 14752 Page 3 {251017-502800-02880387;5} Housing Agreement - 4990 Bennett Street (LM Riviera) Rezoning Reference #16-13 Subdivision Reference #20-29 Replacement and Required Inclusionary Units ARTICLE 1 DEFINITIONS AND INTERPRETATION 1.1 In this Agreement the following words have the following meanings: (a) “Accessibility Needs” refer to physical accessibility needs identified by a Returning Tenant, in their Tenant Assistance Form or subsequently, and accommodated, as practicable, in an Adaptable Housing Unit; (b) “Adaptable Housing Unit” means a Non-Market Unit that: (a) is designed and built with features that permit easy modification to accommodate changing accessibility requirements over time; and (b) conforms to the requirements and standards specified in the Zoning Bylaw and elsewhere in the British Columbia Building Code for adaptable dwelling units; (c) “Agreement” means this agreement together with all schedules, attachments and priority agreements attached hereto; (d) “Air Space Plan” means an air space subdivision plan of the Lands, or any portion thereof, pursuant to the Land Title Act; (e) “BC Housing” means the British Columbia Housing Management Commission; (f) “CD Plan” means the comprehensive development plan for the Lands entitled “The Bennett” prepared by IBI Group Architects Inc., and filed with the City’s General Manager Planning and Development; (g) “City” means the City of Burnaby; (h) “CMHC” means the Canada Mortgage and Housing Corporation; (i) “CMHC Market Average Rent” means the average residential apartment rent applicable to areas within the City of Burnaby (being Central Park/Metrotown CMHC Market Rental survey zone in the case of the Non-Market Units under this Agreement), based on rental market data collected by CMHC, and if such rental market data is no longer published by CMHC, then such other equivalent generally accepted methodology established by the City at its discretion; (j) “Daily Amount” means $100.00 per day as of January 1, 2018, and adjusted annually on January 1st of each subsequent year by a percentage equal to the percentage of the increase in the Vancouver Headline CPI for the period from January 1 to December 31 of the preceding calendar year; (k) “Development” means the development of: (i) a 35-storey residential apartment building fronting Bennett Street accommodating two hundred forty-six (246) market strata units; and (ii) a 6-storey rental apartment podium fronting Lobley Park accommodating the Non- Market Units (the “Rental Building”), Bylaw No. 14752 Page 4 {251017-502800-02880387;5} Housing Agreement - 4990 Bennett Street (LM Riviera) Rezoning Reference #16-13 Subdivision Reference #20-29 Replacement and Required Inclusionary Units with underground parking, constructed or to be constructed on the Lands as shown on the CD Plan; (l) “Effective Date” has the meaning ascribed to it in section 11.2; (m) “Eligibility Date” means the date a tenancy is considered eligible for benefits under the Tenant Assistance Policy; (n) “Eligible Tenant” means: (i) in the case of a Replacement Rental Unit, a Household with at least one member who is a Returning Tenant; and (ii) in the case of a Required Inclusionary Unit, a Household with a gross household income that does not exceed the Housing Income Limits (HILs) for the applicable unit type (or such other income threshold approved by the City at its discretion), but excluding: (A) the Owner, any directors, officers, and employees of the Owner, as applicable, and their respective direct family members; and (B) if the Owner contracts a third party to manage and administer the Non-Market Units pursuant to sections 5.1(d) or 5.1(e), such third party, any directors, officers and employees of such third party, as applicable, and their respective direct family members; (o) “Funding Agreement” means an agreement entered into or to be entered into between a Funding Provider and the Owner with respect to the funding and/or management of the Non-Market Units, as the same may be amended, amended and restated, supplemented or modified from time to time; (p) “Funding Provider” means BC Housing, CMHC or another organization providing funding with respect to the development or operation, or both, of the Non-Market Units; (q) “Household” has the meaning ascribed to the term “family” in the Zoning Bylaw, and in the event such term is no longer defined in the Zoning Bylaw, the last effective definition of the term “family” in the Zoning Bylaw will apply; (r) “Housing Covenant” means the agreements, covenants and charges granted by the Owner to the City (which includes covenants pursuant to section 219 of the Land Title Act) charging the Lands, registered under number CB_________________, as it may be amended or replaced from time to time; (s) “Housing Income Limit (HILs)” means the gross annual income limit for the HILs Lower Mainland planning area associated with the City of Burnaby, as derived from CMHC’s annual Rental Market Survey and published by BC Housing from time to time, and if such gross annual income limit is no longer published by BC Housing, then “Housing Income Limit (HILs)” means the last such gross annual income limit published by BC Housing adjusted annually, on January 1st of each subsequent year, by a percentage equal to the percentage of the increase in the Vancouver Headline CPI for the period January 1 to December 31 of the preceding calendar year; (t) “Interpretation Act” means the Interpretation Act, R.S.B.C. 1996, Chapter 238 together with all amendments thereto and replacements thereof; Bylaw No. 14752 Page 5 {251017-502800-02880387;5} Housing Agreement - 4990 Bennett Street (LM Riviera) Rezoning Reference #16-13 Subdivision Reference #20-29 Replacement and Required Inclusionary Units (u) “Land Title Act” means the Land Title Act, R.S.B.C. 1996, Chapter 250 together with all amendments thereto and replacements thereof; (v) “Lands” means the following lands and premises situate in the City of Burnaby and any part thereof, including a building or a portion of a building, into which said lands are Subdivided: Parcel Identifier: 031-427-359 Lot 1 District Lot 152 Group 1 New Westminster District Plan EPP105832; (w) “Local Government Act” means the Local Government Act, R.S.B.C. 2015, Chapter 1, together with all amendments thereto and replacements thereof; (x) “LTO” means the New Westminster Land Title Office or its successor; (y) “Non-Market Units” means the 42 residential units within the Rental Air Space Parcel that are designated for use as a Replacement Rental Unit or Required Inclusionary Unit, and “Non-Market Unit” means any such residential unit; (z) “Owner” means the party described on page 1 of this Agreement as the Owner and any subsequent owner of the Lands or any part thereof; (aa) “Permitted Rent” means: (i) with respect to a Replacement Rental Unit, the Replacement Rental Rate; and (ii) with respect to a Required Inclusionary Unit, the Required Inclusionary Rental Rate for the unit type; (bb) “Prior Site” means the lands and premises with the former civic address of 4960 Bennett Street, as of the Eligibility Date, and formerly legally described as: Parcel Identifier: 003-088-758 Lot “A” (Explanatory Plan 29292) District Lot 152 Group 1 New Westminster District Plan 4955; (cc) “Prior Unit” means the former residential unit occupied by a Returning Tenant at the Prior Site; (dd) “Public Utility” means any utility or service provider that is regulated by the British Columbia Utilities Commission, or its successor in function; (ee) “Purchaser” has the meaning ascribed to it in section 11.2; (ff) “Rental Air Space Parcel” means an air space parcel created by subdivision of the Lands, or any portion thereof, by Air Space Plan, which air space parcel contains all the Non- Market Units; (gg) “Rental Use Zoning Policy” means the City’s Finalized Rental Use Zoning Policy approved by City Council on March 9, 2020; Bylaw No. 14752 Page 6 {251017-502800-02880387;5} Housing Agreement - 4990 Bennett Street (LM Riviera) Rezoning Reference #16-13 Subdivision Reference #20-29 Replacement and Required Inclusionary Units (hh) “Replacement Rental Rate” means, with respect to each Replacement Rental Unit, the amount equal to the Returning Tenant’s rent as of the date the Returning Tenant moved out of that Returning Tenant’s Prior Unit, plus any annual increases allowed under the Residential Tenancy Act between the date the Returning Tenant moved out of the Prior Unit and the effective date of the tenancy under the Tenancy Agreement for the Replacement Rental Unit together with any subsequent annual and additional increases permitted in accordance with the Residential Tenancy Act; (ii) “Replacement Rental Unit” means a Non-Market Unit that replaces a rental unit at the Prior Site and is offered to and rented by a Returning Tenant; (jj) “Required Inclusionary Rental Rate” means an amount not exceeding 20% below the CMHC Market Average Rent, for the unit size and type (meaning, for greater certainty, number of bedrooms) of the Required Inclusionary Unit as of the date the Owner and Eligible Tenant enter into a Tenancy Agreement, together with any annual and additional increases permitted in accordance with the Residential Tenancy Act; (kk) “Required Inclusionary Unit” means a Non-Market Unit that is rented or offered for rent at the Required Inclusionary Rental Rate; (ll) “Residential Tenancy Act” means the Residential Tenancy Act, S.B.C. 2002, Chapter 78 together with all amendments thereto and replacements thereof; (mm) “Returning Tenant” means a former tenant of a Prior Unit who is eligible for a right of first refusal for a Replacement Rental Unit under the Tenant Assistance Policy and Rental Use Zoning Policy; (nn) “Tenancy Agreement” means a tenancy agreement, lease, license or other agreement granting rights to occupy a Required Inclusionary Unit or Replacement Rental Unit on a month-to-month basis or for a fixed term not exceeding twelve (12) months; (oo) “Tenant Assistance Policy” means the City’s Tenant Assistance Policy approved by City Council on March 9, 2020; (pp) “Vancouver Headline CPI” means the All-Items Consumer Price Index for Vancouver, B.C. published from time to time by Statistics Canada, or its successor in function; and (qq) “Zoning Bylaw” means the Burnaby Zoning Bylaw, 1965, and amendments thereto and re-enactments thereof. 1.2 In this Agreement: (a) reference to the singular includes a reference to the plural, and vice versa, unless the context requires otherwise; (b) article and section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement; (c) if a word or expression is defined in this Agreement, other parts of speech and grammatical forms of the same word or expression have corresponding meanings; Bylaw No. 14752 Page 7 {251017-502800-02880387;5} Housing Agreement - 4990 Bennett Street (LM Riviera) Rezoning Reference #16-13 Subdivision Reference #20-29 Replacement and Required Inclusionary Units (d) reference to any enactment includes any regulations, orders or directives made under the authority of that enactment; (e) reference to any enactment is a reference to that enactment as consolidated, revised, amended, re-enacted or replaced, unless otherwise expressly provided; (f) the provisions of section 25 of the Interpretation Act with respect to the calculation of time apply; (g) time is of the essence; (h) all provisions are to be interpreted as always speaking; (i) reference to a “party” is a reference to a party to this Agreement and to that party’s respective successors, assigns, trustees, administrators and receivers; (j) reference to a “day”, “month”, “quarter” or “year” is a reference to a calendar day, calendar month, calendar quarter or calendar year, as the case may be, unless otherwise expressly provided; and (k) where the word “including” is followed by a list, the contents of the list are not intended to circumscribe the generality of the expression preceding the word “including”.
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Bylaw Number: 14767 - Taxation Exemption Bylaw 2023, Amendment Bylaw No. 1, 2025

https://bylaws.burnaby.ca/en/permalink/bylaw26074
Description
properties to receive permissive property tax exemptions for 2026
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Bylaw Number: 14770 - Housing Agreement (5938 Olive Avenue) Bylaw 2025

https://bylaws.burnaby.ca/en/permalink/bylaw26078
Description
execution of a Housing Agreement for the non-market rental housing development at 5938 Olive Ave
ARTICLE 5 OPTIONAL INCLUSIONARY UNITS 5.1 It is acknowledged by the Owner that each Optional Inclusionary Unit is intended to be made available to a Household in need of affordable rental housing that qualifies as an Eligible Tenant for an Optional Inclusionary Unit. 5.2 At the time of first occupancy of the Optional Inclusionary Units, the Owner is encouraged to first offer Optional Inclusionary Units to those tenants in good standing who were displaced from the Prior Site by the rezoning application associated with the Prior Site and did not qualify as Returning Tenants for a Replacement Rental Unit, and have independently indicated to the Owner their interest in returning to the building, but do qualify as Eligible Tenants for Optional Inclusionary Units, and thereafter the Owner shall be at liberty to offer such Optional Inclusionary Units to any Eligible Tenants. 5.3 The Owner agrees to restrict subletting or assignment of an Optional Inclusionary Unit, to the extent permitted by the Residential Tenancy Act, except that the Owner may permit an Eligible Tenant to sublet or assign their Optional Inclusionary Unit provided the sublessee or assignee qualifies as an Eligible Tenant for an Optional Inclusionary Unit. 5.4 For greater certainty, if an Optional Inclusionary Unit is rented to a Household that qualifies as an Eligible Tenant at the commencement of such tenancy but such Household subsequently ceases to qualify as an Eligible Tenant due to an increase in the gross household income of such Household, then the Owner will not be in breach of any requirement hereunder so long as the Owner complies with section 2.5(d). 5.5 The Owner acknowledges and agrees that Optional Inclusionary Rental Rates apply in perpetuity to Optional Inclusionary Units.
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Bylaw Number: 14774 - Housing Agreement (6073 Wilson Avenue) Bylaw 2025

https://bylaws.burnaby.ca/en/permalink/bylaw26082
Description
execution of a Housing Agreement for the non-market rental housing dev at 6073 Wilson Ave
Bylaw No. 14774 Page 15 of 33 {251697-503154-03103413;6} Housing Agreement (6073 Wilson Avenue) Rezoning Reference #17-28 Subdivision Reference ##20-24 Replacement and Required Inclusionary Units ARTICLE 4 REQUIRED INCLUSIONARY UNITS 4.1 It is acknowledged by the Owner that each Required Inclusionary Unit (including a Replacement Rental Unit that subsequently becomes a Required Inclusionary Unit in accordance with section 3.3(g) or section 3.3(h) of this Agreement) is intended to be made available to a Household in need of affordable rental housing that qualifies as an Eligible Tenant for a Required Inclusionary Unit. 4.2 At the time of first occupancy of the Required Inclusionary Units, the Owner will, to the extent possible, first offer Required Inclusionary Units to those tenants in good standing who were displaced from the Prior Site by the rezoning application associated with the Prior Site and did not qualify as Returning Tenants for a Replacement Rental Unit but do qualify as Eligible Tenants for Required Inclusionary Units. 4.3 The Owner agrees to restrict subletting or assignment of a Required Inclusionary Unit, to the extent permitted by the Residential Tenancy Act, except that the Owner may permit an Eligible Tenant to sublet or assign their Required Inclusionary Unit provided the sublessee or assignee qualifies as an Eligible Tenant for a Required Inclusionary Unit. 4.4 For greater certainty, if a Required Inclusionary Unit is rented to a Household that qualifies as an Eligible Tenant at the commencement of such tenancy but such Household subsequently ceases to qualify as an Eligible Tenant due to an increase in the gross household income of such Household, then the Owner will not be in breach of any requirement hereunder so long as the Owner complies with section 2.5(d). 4.5 The Owner acknowledges and agrees that Required Inclusionary Rental Rates apply in perpetuity to Required Inclusionary Units (including a Replacement Rental Unit that subsequently becomes a Required Inclusionary Unit in accordance with section 3.3(h) or section 3.3(i) of this Agreement).
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Bylaw Number: 14789 - Housing Agreement (5980 Kathleen Avenue) Bylaw 2025

https://bylaws.burnaby.ca/en/permalink/bylaw26100
Description
execution of a Housing Agreement for the non-market rental housing development at 5980 Kathleen Ave
. – 5980 Kathleen Ave Rezoning Reference #19-42 Subdivision Reference #20-15) Market Rental, Replacement and Required Inclusionary Units (with Transferred Replacement Units) (q) “Former Caretaker(s)” means a caretaker at the Prior Site who is entitled under the Tenant Assistance Policy to a Replacement Rental Unit; (r) “Funding Agreement” means an agreement entered into or to be entered into between a Funding Provider and the Owner with respect to the management of the Non-Market Units, as the same may be amended, amended and restated, supplemented or modified from time to time; (s) “Funding Provider” means BC Housing, CMHC or another organization providing funding with respect to the development or operation, or both, of the Non-Market Units; (t) “Household” means a single housekeeping unit; (u) “Housing Covenant” means the agreements, covenants and charges granted by the Owner to the City (which includes covenants pursuant to Section 219 of the Land Title Act) charging the Lands, registered under number CB_________________, as it may be amended or replaced from time to time; (v) “Housing Income Limit (HILs)” means the gross annual income limit for the HILs Lower Mainland planning area associated with the City of Burnaby, as derived from CMHC’s annual Rental Market Survey and published by BC Housing from time to time, and if such gross annual income limit is no longer published by BC Housing, then “Housing Income Limit (HILs)” means the last such gross annual income limit published by BC Housing adjusted annually, on January 1st of each subsequent year, by a percentage equal to the percentage of the increase in the Vancouver Headline CPI for the period January 1 to December 31 of the preceding calendar year; (w) “Interpretation Act” means the Interpretation Act, R.S.B.C. 1996, Chapter 238 together with all amendments thereto and replacements thereof; (x) “Land Title Act” means the Land Title Act, R.S.B.C. 1996, Chapter 250 together with all amendments thereto and replacements thereof; (y) “Lands” means the air space parcel created by Air Space Plan EPP144132 that contains all of the Non-Market Units; (z) “Local Government Act” means the Local Government Act, R.S.B.C. 2015, Chapter 1, together with all amendments thereto and replacements thereof; (aa) “LTO” means the New Westminster Land Title Office or its successor; (bb) “Market Rental Units” means the 201 market residential rental units constructed on the Parent Parcel (now located within the Remainder Parcel), being all residential rental units within the Development save and except for the Non-Market Units, and “Market Rental Unit” means any such residential rental unit; Page 6 of 33 Housing Agreement (Bosa Properties (Metrotown) Inc. – 5980 Kathleen Ave Rezoning Reference #19-42 Subdivision Reference #20-15) Market Rental, Replacement and Required Inclusionary Units (with Transferred Replacement Units) (cc) “Non-Market Units” means the 94 non-market residential rental units constructed on the Parent Parcel (now located within the Lands) that are designated for use as a Replacement Rental Unit or Required Inclusionary Unit, and “Non-Market Unit” means any such residential unit; (dd) “Owner” means the party described on page 1 of this Agreement as the Owner and any subsequent owner of the Lands or any part thereof; (ee) “Parent Parcel” means the following lands and premises situate in the City of Burnaby and any part thereof, including a building or a portion of a building, into which said lands are subdivided: Parcel Identifier: 031-320-422 Lot A District Lot 153 Group 1 New Westminster District Plan EPP107722; (ff) “Permitted Rent” means: (i) with respect to a Replacement Rental Unit, the Replacement Rental Rate, and if the Owner offers a larger bedroom type in lieu of a smaller bedroom type to achieve Suitability, the rent payable for that tenancy will not exceed the Replacement Rental Rate applicable to the smaller bedroom type for the Household, notwithstanding the larger bedroom type assigned; and (ii) with respect to a Required Inclusionary Unit, the Required Inclusionary Rental Rate for the unit type; (gg) “Personal Information” has the meaning set out in the Personal Information Protection Act; (hh) “Personal Information Protection Act” means the Personal Information Protection Act, S.B.C. 2003, Chapter 63, together with all amendments thereto and replacements thereof; (ii) “Prior Site” means 5977 and 5979 Wilson Avenue, Burnaby, BC, and includes, for the purposes of Returning Tenant eligibility and allocation of Replacement Rental Units, the Transfer Site; (jj) “Prior Unit” means the former residential unit occupied by a Returning Tenant at the Prior Site; (kk) “Public Utility” means any utility or service provider that is regulated by the British Columbia Utilities Commission, or its successor in function; (ll) “Purchaser” has the meaning ascribed to it in Section 11.2; Page 7 of 33 Housing Agreement (Bosa Properties (Metrotown) Inc. – 5980 Kathleen Ave Rezoning Reference #19-42 Subdivision Reference #20-15) Market Rental, Replacement and Required Inclusionary Units (with Transferred Replacement Units) (mm) “Remainder Parcel” means the following lands and premises situate in the City of Burnaby and any part thereof, including a building or a portion of a building, into which said lands are subdivided: Parcel Identifier: 031-320-422 Lot A District Lot 153 Group 1 New Westminster District Plan EPP107722 Except Air Space Plan EPP144132; (nn) “Rental Use Zoning Policy” means the City’s Finalized Rental Use Zoning Policy approved by City Council on March 9, 2020; (oo) “Replacement Rental Rate” means, with respect to each Replacement Rental Unit, the amount equal to the Returning Tenant’s rent as of the date the Returning Tenant moved out of that Returning Tenant’s Prior Unit, plus any annual increases allowed under the Residential Tenancy Act between the date the Returning Tenant received their four-month-notice-end-tenancy as required under the Residential Tenancy Act and the effective date of the tenancy under the Tenancy Agreement for the Replacement Rental Unit together with any subsequent annual increases permitted in accordance with the Residential Tenancy Act; (i) in the case of a Returning Tenant who is a Former Caretaker, an amount calculated in accordance with the formula below, plus any annual increases allowed under the Residential Tenancy Act between the date the Former Caretaker moved out of the Prior Unit and the effective date of the tenancy under the Tenancy Agreement for the Replacement Rental Unit together with any subsequent annual increases permitted in accordance with the Residential Tenancy Act: Rent = (Rent1 + Rent2 + ... + RentN) / N, where: 1) (Rent1 + Rent2 + ... + RentN) is the sum of the rent amounts payable by TAP Tenants for a similar unit type as the Former Caretaker at the Prior Site on the respective dates the TAP Tenants received their four- month-notice-end-tenancy, as required under the Residential Tenancy Act; and 2) N is the number of TAP Tenants occupying a similar unit type as the Former Caretaker at the Prior Site; (pp) “Replacement Rental Unit” means a Non-Market Unit that replaces a rental unit at the Prior Site and is offered to and rented by a Returning Tenant; (qq) “Required Inclusionary Rental Rate” means an amount not exceeding 20% below the CMHC Market Median Rent, for the unit size and type (meaning, for greater certainty, number of bedrooms) of the Required Inclusionary Unit as of the Page 8 of 33 Housing Agreement (Bosa Properties (Metrotown) Inc. – 5980 Kathleen Ave Rezoning Reference #19-42 Subdivision Reference #20-15) Market Rental, Replacement and Required Inclusionary Units (with Transferred Replacement Units) date the Owner and Eligible Tenant enter into a Tenancy Agreement, together with any annual increases permitted in accordance with the Residential Tenancy Act; (rr) “Required Inclusionary Unit” means a Non-Market Unit that is rented or offered to an Eligible Tenant for rent at the Required Inclusionary Rental Rate; (ss) “Residential Tenancy Act” means the Residential Tenancy Act, S.B.C. 2002, Chapter 78 together with all amendments thereto and replacements thereof; (tt) “Returning Tenant” means a tenant eligible for a right of first refusal under the Tenant Assistance Policy who was displaced from the Prior Site, including a Transfer Tenant; (uu) “Suitable” or “Suitability” in respect of a Replacement Rental Unit means suitable having regard to bedroom count, accessibility features and household size in accordance with the Tenant Assistance Policy, to the satisfaction of the City; (vv) “TAP Tenants” means the tenants who are eligible for Tenant Assistance Policy benefits as of the Eligibility Date; (ww) “Tenancy Agreement” means a tenancy agreement, lease, license or other agreement granting rights to occupy a Required Inclusionary Unit or Replacement Rental Unit on a month-to-month basis or for a fixed term not exceeding twelve (12) months; (xx) “Tenant Assistance Form” means the Household Needs Assessment form as referenced in the Tenant Assistance Policy; (yy) “Tenant Assistance Policy” means the City’s Tenant Assistance Policy approved by City Council on March 9, 2020; (zz) “Transfer Replacement Unit” means a Replacement Rental Unit allocated to a Transfer Tenant; (aaa) “Transfer ROFR Notice” means the written notice delivered by the Owner to a Transfer Tenant in accordance with Section 3.2(b)(ii)(1), initiating the Transfer ROFR Notice Period and advising the Transfer Tenant of their opportunity to exercise the right of first refusal and enter into a Tenancy Agreement for a Replacement Rental Unit; (bbb) “Transfer ROFR Notice Period” means the six (6) month period commencing on the date the Owner delivers a Transfer ROFR Notice to a Transfer Tenant, during which the Transfer Tenant may accept the right of first refusal and enter into a Tenancy Agreement for a Replacement Rental Unit; Page 9 of 33 Housing Agreement (Bosa Properties (Metrotown) Inc. – 5980 Kathleen Ave Rezoning Reference #19-42 Subdivision Reference #20-15) Market Rental, Replacement and Required Inclusionary Units (with Transferred Replacement Units) (ccc) “Transfer Site” means the lands municipally known as 6035 Wilson Avenue (formerly 6031 Wilson Avenue), Burnaby, British Columbia (Rezoning Reference #21-12); (ddd) “Transfer Tenant” means a tenant eligible for a right of first refusal under the Tenant Assistance Policy whose replacement housing obligation has been transferred from the Transfer Site to the Lands; (eee) “Vancouver Headline CPI” means the All-Items Consumer Price Index for Vancouver, B.C. published from time to time by Statistics Canada, or its successor in function; and (fff) “Zoning Bylaw” means the Burnaby Zoning Bylaw, 1965, and amendments thereto and re-enactments thereof. 1.2 In this Agreement: (a) reference to the singular includes a reference to the plural, and vice versa, unless the context requires otherwise; (b) article and section headings have been inserted for ease of reference only and are not to be used in interpreting this Agreement; (c) if a word or expression is defined in this Agreement, other parts of speech and grammatical forms of the same word or expression have corresponding meanings; (d) reference to any enactment includes any regulations, orders or directives made under the authority of that enactment; (e) reference to any enactment is a reference to that enactment as consolidated, revised, amended, re-enacted or replaced, unless otherwise expressly provided; (f) the provisions of Section 25 of the Interpretation Act with respect to the calculation of time apply; (g) time is of the essence; (h) all provisions are to be interpreted as always speaking; (i) reference to a “party” is a reference to a party to this Agreement and to that party’s respective successors, assigns, trustees, administrators and receivers; (j) reference to a “day”, “month”, “quarter” or “year” is a reference to a calendar day, calendar month, calendar quarter or calendar year, as the case may be, unless otherwise expressly provided; and Page 10 of 33 Housing Agreement (Bosa Properties (Metrotown) Inc. – 5980 Kathleen Ave Rezoning Reference #19-42 Subdivision Reference #20-15) Market Rental, Replacement and Required Inclusionary Units (with Transferred Replacement Units) (k) where the word “including” is followed by a list, the contents of the list are not intended to circumscribe the generality of the expression preceding the word “including”.
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Bylaw Number: 14790 - Housing Agreement (6616 Telford Avenue) Bylaw 2026

https://bylaws.burnaby.ca/en/permalink/bylaw26101
Description
execution of a Housing Agreement for the non-market rental housing dev at 6616 Telford Avenue
ARTICLE 5 OPTIONAL INCLUSIONARY UNITS 5.1 It is acknowledged by the Owner that each Optional Inclusionary Unit is intended to be made available to a Household in need of affordable rental housing that qualifies as an Eligible Tenant for an Optional Inclusionary Unit. 5.2 At the time of first occupancy of the Optional Inclusionary Units, the Owner is encouraged to first offer Optional Inclusionary Units to those tenants in good standing who were displaced from the Prior Site by the rezoning application associated with the Prior Site and did not qualify as Returning Tenants for a Replacement Rental Unit but do qualify as Eligible Tenants for Optional Inclusionary Units, and have independently indicated to the Owner their interest in returning to the building. 5.3 The Owner agrees to restrict subletting or assignment of an Optional Inclusionary Unit, to the extent permitted by the Residential Tenancy Act, except that the Owner may permit an Eligible Tenant to sublet or assign their Optional Inclusionary Unit provided the sublessee or assignee qualifies as an Eligible Tenant for an Optional Inclusionary Unit. 5.4 For greater certainty, if an Optional Inclusionary Unit is rented to a Household that qualifies as an Eligible Tenant at the commencement of such tenancy but such Household subsequently ceases to qualify as an Eligible Tenant due to an increase in the gross household income of such Household, then the Owner will not be in breach of any requirement hereunder so long as the Owner complies with section 2.5(d). 5.5 The Owner acknowledges and agrees that Optional Inclusionary Rental Rates apply in perpetuity to Optional Inclusionary Units.
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Bylaw Number: 14815 - Zoning Bylaw 2026

https://bylaws.burnaby.ca/en/permalink/bylaw26127
Description
repeal and replace Zoning Bylaw 1965, Bylaw No. 4742
Determine the Urban Centre within which the site is located (refer to Burnaby 2050 Part E, Map 2 “Community Plan Areas”). 2.
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Bylaw Number: 14821 - Tenant Protection Bylaw 2026

https://bylaws.burnaby.ca/en/permalink/bylaw26133
Description
tenant protection (replaces Tenant Assistance Program)
Bylaw No. 14821 Page 7 of 15 4.2 The owner shall not designate the owner, the owner’s authorized agent for the development application, or the caretaker, property manager, superintendent or building manager of the prior site as the tenant relocation coordinator.
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Bylaw Number: 14824 - Development Procedures Bylaw 2026

https://bylaws.burnaby.ca/en/permalink/bylaw26136
Description
to implement procedures for review and approval of development applications
(iii) Draft eligible household list based on then-current prior site households. Additionally, for a Tenant Protection development permit application, the following information is required prior to issuance of the development permit: (i) A completed Tenant Assistance Form report outlining the selection of future benefits for each prior site household; (ii) Copies of Tenant Assistance Forms received from prior site households; (iii) An updated list of prior site households, if there are changes from the submission made with the development permit application; and (iv) A completed security calculation template.
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Bylaw Number: 14829 - Works and Services Bylaw 2026

https://bylaws.burnaby.ca/en/permalink/bylaw26141
Description
provision of works and services in respect to development of land
Bylaw No. 14829 Page 11 of 18 4.4 On-Site Rainwater Management • ON-RMS: On-Site Rainwater Management infrastructure within a site to manage rainwater runoff and groundwater, including detention, retention, water quality treatment facilities, and related measures.
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Bylaw Number: 14834 - Sign Bylaw 2026

https://bylaws.burnaby.ca/en/permalink/bylaw26144
Description
to create a new Sign Bylaw which aligns with the current land use designations introduced thru the Burnaby 2050 OCP and related zoning districts under the new Zoning Bylaw, 2026.
(4) Memorial plaques, cornerstones, historical tablets and similar devices. (5) On-site directional signs other than traffic control devices, not exceeding 0.6 sq. m in area, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are located, and parking signs, not exceeding 0.6 sq. m. in area, intended to control or prohibit parking within the site upon which such signs are located
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42 records – page 2 of 2.

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