Curbside charging

Legal Memorandum

Read the legal version from Lidstone & Co.

Curbside EV charging stations, typically located in the public right-of-way, provide charging that is accessible and available to the public. These stations are especially important in high-density areas and near multi-family buildings, where private parking and charging are limited.

Expanding curbside charging is a key strategy for making EV ownership more accessible and equitable. Several of the same regulatory tools used for EV Ready building requirements—such as covenants, phased development agreements, and amenity zoning—can also support curbside charging. These tools are well suited for major developments and can be applied on a case-by-case basis, particularly in areas adjacent to existing multi-family housing. In addition, local governments that own street frontage or other public land can lease or license space to enable the installation of curbside charging stations.

Regulatory pathways

License or lease a piece of local government owned land to a company to provide charging

Last update: Aug. 2025

Local governments can licence or lease local government-owned land to an EV charging provider to provide public or curbside charging.

How it works

  • Local governments can enter into a licence or lease agreement with a service provider, granting the right to install and operate EV charging stations on municipally owned land. The terms are set out in a negotiated agreement between the local government and the provider.
  • For land classified as a highway under the Transportation Act, which could include sidewalks, boulevards, lanes, or other public passageways, municipalities can likely grant a license for EV charging under Section 35(11) of the Community Charter.
  • A license permits the use of public land but does not provide exclusive occupation rights. The terms of the license would be set out in the agreement granting the license between the municipality and the service provider.

Leases and licenses are common and well-established tools in local government operations, meaning that internal processes often already exist and can be adapted to support EV charging goals.

Covenant with developers to provide curbside charging

Last update: Aug. 2025

A local government could obtain a section 219 covenant under the Land Title Act to require a developer or property owner to provide publicly accessible curbside EV charging as part of a development project.

How it works

  • The provisions of the covenant must be in some way connected to the use of the land, the construction of buildings, the subdivision of land, or the protection of an amenity.
  • The covenant could include a commitment from the developer to install curbside chargers, provide EV readiness for all parking stalls, or any combination of EV infrastructure agreed upon.
  • The council could consider a section 219 covenant at the time of rezoning, on application for a subdivision approval, for development permit or development variance permit applications, or as part of a phased development agreement.

Best practice recommendations

  • The covenant should be clearly and concisely written to reflect the specific commitment made by the developer or property owner.

Considerations

  • Section 219 covenants offer a flexible and enforceable way to secure EV infrastructure tailored to specific developments. They are particularly effective at key stages like rezoning or permitting. However, they require legal review, negotiation, and staff capacity to enforce. If not well-integrated into the development approval process, they may be seen by developers as optional.

Amenity zoning to require curbside charging

Last update: Aug. 2025

Under Section 482(1) of the Local Government Act, local governments can establish two levels of density within a zone. Increased density may be granted if the developer meets specific conditions set out in the zoning bylaw.

How it works

  • The zoning bylaw outlines both the base density and the conditions under which higher density may be permitted.
  • These conditions can include the provision of amenities, such as EV chargers, EV-ready infrastructure, or public curbside charging.
  • This approach creates a clear incentive for developers to align with local climate goals in exchange for additional development potential.

Considerations

Amenity zoning is a well-established planning tool that provides legal clarity and ties climate action directly to development incentives. However, it depends on developer interest in increased density and may involve complex bylaw design and administration.

Phased development agreements to require curbside charging

Last update: Aug. 2025

In a phased development agreement, the developer can provide certain amenities or features in the development, and in exchange, the local government agrees to “freezing” certain zoning bylaw provisions that are identified in the agreement.

How it works

  • EV chargers, EV readiness, and curbside charging could all likely constitute amenities or features that a developer could agree to provide in a development.

Considerations

Phased Development Agreements are well suited for large, multi-phase projects and offer flexibility to tailor EV infrastructure to each development. They help secure long-term commitments aligned with climate goals. However, they typically require a longer negotiation process, are not ideal for small or infill projects, and are only enforceable for the duration of the agreement.

Glossary Entry

Local Government-Owned Land

Land owned by local governments can be a powerful tool for advancing public priorities, including affordable housing and sustainable development.

Local governments can manage their land in several ways, including:

  • Keeping full ownership and granting development rights to others
  • Leasing the land (allowing exclusive use while retaining ownership)
  • Licensing it for specific uses (without granting exclusive control)

They can also include conditions, such as covenants or options to repurchase, to maintain control when transferring ownership. In some cases, a reverter clause allows land to return to the government if certain conditions aren’t met. In the case of highways, such as roads or sidewalks, local governments can only grant a licence to use the land and not a lease.

Glossary Entry

Section 219 Covenants

A legal agreement registered on a property title that allows local governments to secure commitments from landowners.

Section 219 covenants, under the Land Title Act, are a way for local governments to enforce a landowner’s promise to do (or not do) certain things on their property—such as protecting a natural area, limiting certain uses, or ensuring specific construction standards. These covenants don’t need to benefit another property and can apply to any lot, though they’re often used in larger or more complex developments due to the administrative work involved.

A local government may consider a landowner’s offer for a covenant alongside rezonings, development permits, or subdivision approvals. Covenants are legally enforceable and may include financial penalties or specific legal remedies if breached.

Glossary Entry

Bylaws Under the Local Government Act

This provincial law gives municipalities and regional districts specific powers to manage land use, development, and local services.

Unlike the Community Charter, which follows a “spheres of jurisdiction” model, the Local Government Act (LGA) assigns specific powers to local governments. It specifies which sections apply to municipalities and which apply to regional districts.

Glossary Entry

Bylaws Under the Local Government Act

This provincial law gives municipalities and regional districts specific powers to manage land use, development, and local services.

Unlike the Community Charter, which follows a “spheres of jurisdiction” model, the Local Government Act (LGA) assigns specific powers to local governments. It specifies which sections apply to municipalities and which apply to regional districts.

Glossary Entry

Curbside charging

Curbside EV charging stations, typically located in the public right-of-way, provide charging that is accessible and available to the public. These stations are especially important in high-density areas and near multi-family buildings, where private parking and charging are limited.

Expanding curbside charging is a key strategy for making EV ownership more accessible and equitable. Several of the same regulatory tools used for EV Ready building requirements—such as covenants, phased development agreements, and amenity zoning—can also support curbside charging. These tools are well suited for major developments and can be applied on a case-by-case basis, particularly in areas adjacent to existing multi-family housing. In addition, local governments that own street frontage or other public land can lease or license space to enable the installation of curbside charging stations.