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w w w . C A N A D I A N L a w y e r m a g . c o m A P R I L 2 0 1 6 23 two immediate family members. "In Prince Edward Island, in-law suites have existed for a long time, subject to certain rules and regulations," says Pam Williams, a partner with Cox & Palmer LLP. "It was just this last fall that a garden suite was introduced to the Charlottetown bylaws, again with some fairly stringent conditions." A movement toward this type of hous- ing, in part, appeals to the needs of aging baby boomers now dealing with health- care issues and looking to downsize or requiring support from family members. Williams sees this as a popular alternative, allowing people a level of independence they perhaps can't get or afford at a care facility. There are similar regulations in other parts of the Atlantic provinces, but again, there is no consistency from one munici- pality to the next. Summerside, P.E.I. allows secondary suites, but the occupant must be a family member and older than 65 or require the owner's continuing care. Monc- ton, N.B. doesn't restrict the units to family members, but it does require standards on size, height, parking, and utility connec- tions. Halifax has different land-use bylaws resulting from a recent amalgamation. Wil- liams advises clients to understand the par- ticular requirements in their community. The situation can be confusing, says Barry McGuire, an Edmonton lawyer who has been practising real estate law for 40 years. And it is fluid. Municipalities are changing their bylaws and making other accommodations for secondary suites. "We have noticed that, in the last while, the per- fect contrast here in Alberta is what goes on in Edmonton and Calgary." Illegal suites existed in great numbers in Edmonton. So the municipality, keen to increase rental accommodations, altered its bylaw to allow secondary suites in cer- tain areas. And it created the Cornerstone Program, which offered grants of up to $20,000 to legalize an existing suite or cre- ate a new one that passed safety and fire inspections. Restrictions included limiting the amount of rent homeowners could charge. McGuire says the city has since become proactive, enforcing its bylaw and flushing out illegal suites. "The lesson is you have to get in to investigate what the municpality's rules are in the municipality that you're in," says McGuire. In Calgary, de Jong estimates there are somewhere between 13,000 and 25,000 illegal units. In 2012, city officials inspected 50 units and determined 80 per cent of them were unsafe. Among the issues were bedroom windows not large enough for escape, early warning systems including smoke alarms that are not interconnected between floors, smoke seals missing on furnace room doors, and problems with electrical wiring. Since launching its incentive program in September, moving closer to Edmonton's approach, Calgary has registered 500 legal units. Its development permit exemption for basement suites, in place until March 2017, could save homeowners $2,200 in costs and allow them to skip the develop- ment permit process altogether. To qualify they need to ensure the proper zoning is in place and the land-use bylaw requirements are fulfilled. "You've got to have these alternatives. It's win-win, but it's got to be done safely," concludes Weisleder in Toronto. Canadian Lawyer InHouse analyzes the demands placed on in-house counsel and provides them with the insight they need for the success of their departments, companies, and careers. Subscribe to Canadian Lawyer InHouse today for FREE* @CLInHouse Access a free preview at: bitly.com/CLINH-FreePreview Order your free subscription at: bitly.com/CLINH-Subscribe KNOW. UNDERSTAND. ACT. PUBLICATIONS MAIL AGREEMENT # 40766500 VOL. 10 • ISSUE 6 • 11 . 15 INDUSTRY SPOTLIGHT RETAIL'S LABOUR CHALLENGE IN CLOSING THE IN-HOUSE BALANCING ACT AT THE INTERSECTION OF LAW & BUSINESS Turning the magnifying glass on your own organization can be uncomfortable, but approaching internal investigations the right way can save money and aggravation over the long run. Internal affairs • 6 issues both print and digital, including the annual special U.S.-Canada cross border issue • FREE exclusive access to Canadian Lawyer InHouse digital edition archives • Special access to our weekly news updates, videos, interviews and advice from leading general counsel and other in-house attorneys *Canadian Lawyer InHouse is sent FREE to qualified recipients in Canada. Publisher reserves the right to determine recipient qualification. FREE* one year subscription includes: Untitled-4 1 2016-03-18 12:53 PM

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