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First Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 28

THE NORTHERN AFFAIRS AMENDMENT AND PLANNING AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE NORTHERN AFFAIRS ACT

C.C.S.M. c. N100 amended

1           The Northern Affairs Act is amended by this Part.

2           The definition "Northern Manitoba" in section 1 is amended by adding the following after clause (b):

(b.1) a provincial park designated as such under The Provincial Parks Act,

3           Subsection 9(3) is repealed.

4           The following is added after section 9:

Minister's approval delegated to I.C.

9.1         A regulation made under section 22 (incorporating an area or community) may delegate the minister's power of approval under subsection 9(1) to the incorporated community in respect of Crown land within the boundaries of the community, subject to such terms and conditions as the Lieutenant Governor in Council considers necessary or advisable.

5           Subsection 10(1) is amended

(a) by repealing the section heading and substituting "Minister's role under Acts applying to I.C.s"; and

(b) by striking out "The Planning Act,".

6(1)        Subsection 107(1) is amended

(a) by repealing the section heading and substituting "Application of Acts to incorporated communities"; and

(b) by striking out "The Municipal Assessment Act and Part IV of The Municipal Board Act" and substituting "and The Municipal Assessment Act".

6(2)        Subsections 107(2) and (3) are repealed.

7           The following is added after section 107:

Application of The Planning Act

107.1       The Planning Act applies to Northern Manitoba in accordance with Part IX (Northern Manitoba) of that Act.

PART 2

THE PLANNING ACT

C.C.S.M. c. P80 amended

8           The Planning Act is amended by this Part.

9           Section 92 is repealed and the following is substituted:

Application of Act

92          Subject to Part IX (Northern Manitoba), this Act applies to the whole of the province except

(a) the City of Winnipeg; and

(b) land designated as a provincial park under The Provincial Parks Act;

unless the Lieutenant Governor in Council by order declares that this Act, or any part of it, applies thereto.

10          Part IX is repealed and the following is substituted:

PART IX

NORTHERN MANITOBA

Meaning of "minister"

94          In this Part and in provisions of this Act and regulations made under this Act that apply to Northern Manitoba, "minister" means the minister appointed by the Lieutenant Governor in Council to administer The Northern Affairs Act.

Definitions from The Northern Affairs Act

95          In this Part, the following terms have the same meaning as they have in The Northern Affairs Act: "community", "community council", "incorporated community", "incorporated community council", "local committee", "Northern Manitoba".

APPLICATION OF ACT

Application of Act to Northern Manitoba

96          Subject to this Part, this Act and the regulations made under this Act apply to Northern Manitoba, with necessary modifications.

LAND USE CONTROL

Functions of the Municipal Board

Minister may appoint person to perform functions of Municipal Board

97          The minister may appoint one or more persons to perform the functions of the Municipal Board in respect of an incorporated community or an area that is not incorporated under any of the following provisions:

(a) section 10 (recommendations re special planning area);

(b) section 12 (recommendations re planning district);

(c) section 30 (recommendations re development plan);

(d) section 45 (orders re zoning by-law).

Incorporated Communities

Application of Act to incorporated communities

98          A community that is incorporated under The Northern Affairs Act is deemed to be a municipality for the purpose of this Act.

Unincorporated Areas

Minister deemed council for unincorporated areas

99          For the purpose of this Act and The Real Property Act, the minister is deemed to be the council for any area that is not in an incorporated community.

Delegation of development plan and zoning by-laws

100(1)      The minister may by regulation delegate to a local committee or community council the minister's authority — as the council for an area that is not in an incorporated community — to enact a development plan by-law and a zoning by-law for the area.

Delegation includes later related matters

100(2)      A delegation under subsection (1) may include the minister's authority as the council for the area under any of the following provisions:

(a) agreements under section 46 (development agreements);

(b) section 53 (conditional uses);

(c) sections 54 and 55 (variation orders);

(d) section 56 (minor variations);

(e) sections 58 and 59 (development permits).

Minister's approval under s. 30 does not apply to development plan

100(3)      A development plan prepared by a local committee or community council under this section is not subject to the approval of the minister referred to in clause 30(4)(a) and subsections 30(5), (6), (13) and (14).

Third reading of development plan by-law

100(4)      The committee or council may give third reading to the development plan by-law

(a) if the minister does not refer it to the Municipal Board under clause 30(4)(b), 60 days after the by-law is submitted to the minister under subsection 30(1); or

(b) if the minister refers the by-law to the Municipal Board under clause 30(4)(b), 60 days after the Board submits a report under subsection 30(12).

Filing development plan and zoning by-laws

101(1)      After a development plan by-law or zoning by-law made pursuant to section 100 is given third reading, the local committee or community council shall file a copy of the by-law with the minister in accordance with the regulations.

Coming into force of by-law

101(2)      A by-law filed under subsection (1) comes into force 30 days after the day of filing, or after such further time as the minister may prescribe by regulation.

Disallowance of development plan or zoning by-law

102         The minister may disallow, in whole or in part, a development plan by-law or zoning by-law made pursuant to section 100. The disallowance may be made at any time after the by-law is filed, and must be in writing. The by-law or part then ceases to be in force and is deemed to be repealed.

SUBDIVISION CONTROL

Approving authority for unincorporated areas

103(1)      When the minister acts as the council for an area that is not in an incorporated community, the minister is deemed to also be acting as the approving authority in respect of the area.

Approving authority for incorporated communities

103(2)      The minister may appoint one or more persons to act as the approving authority for incorporated communities or areas that are not incorporated, or both.

Application of section 66 and appeal provisions

104         Section 66 (no decision by approving authority within 60 days) does not apply to Northern Manitoba, and section 68 (appeal) applies only to the extent set out in sections 105 to 109.

No appeal of minister's decision

105         A decision made by the minister as the approving authority cannot be appealed under section 68.

Appeal from Decision of Appointed Approving Authority

Appeal of certain decisions of approving authority

106(1)      When an approving authority appointed under subsection 103(2) makes a decision under subsection 64(2) (conditional approval or rejection) or (4) (alteration of conditional approval), or both, the person applying for the subdivision may appeal the decision to the minister. The appeal must be made by sending a notice of appeal to the minister by registered mail within 30 days after the date of the notice of the decision.

Contents of notice of appeal

106(2)      A notice of appeal must contain the following:

(a) the name and address of the person appealing;

(b) a copy of the notice of the decision of the approving authority;

(c) the reasons for the appeal.

Procedure on appeal

107         Upon receiving an appeal, the minister shall do one of the following:

(a) approve the proposed subdivision, subject to any conditions the minister considers appropriate;

(b) reject the proposed subdivision; or

(c) appoint a person or the Municipal Board, or direct the Board to appoint a member of the Board,

(i) to conduct a hearing and submit a report with recommendations to assist the minister to make a decision under clause (a) or (b), or

(ii) to make a decision in respect of the matter in accordance with clause (a) or (b), with or without conducting a hearing;

within a specified period of time.

Hearing

108         When a hearing is held pursuant to clause 107(c), the following provisions apply, with necessary modifications: subsections 68(4.1) (notice of hearing), (5) (public authority may be heard) and (5.1) (appeal as new hearing).

Notice of decision

109         A person or board making a decision on an appeal shall ensure that a copy of the decision is mailed to

(a) the minister;

(b) the appellant;

(c) the approving authority;

(d) any local committee, community council or incorporated community council for the area in which the land is located;

(e) each person who participates in the appeal.

REGULATIONS

Regulation may apply to all or part of area

110         The Lieutenant Governor in Council may provide in a regulation made under this Act that it applies to all or part of Northern Manitoba, including all or part of an incorporated community.

Regulations by minister

111         The minister may make regulations

(a) for the purpose of section 100, delegating to a community council or local committee, upon such terms and conditions as the minister considers necessary or advisable, the power to enact a development plan by-law and a zoning by-law; and

(b) for the purpose of section 101, respecting the filing of development plan by-laws and zoning by-laws.

PART 3

TRANSITIONAL PROVISION

Completion of matters in progress under Planning Act

11          A matter that

(a) is commenced but not completed before this Act comes into force; and

(b) is under a provision of The Planning Act that is affected by this Act;

shall be completed as if this Act had not been enacted.

PART 4

COMING INTO FORCE

Coming into force

12          This Act comes into force on the day it receives royal assent.

Explanatory Note

Currently, part of the law relating to land use planning in Northern Manitoba is in The Northern Affairs Act and the rest is in The Planning Act.

This Bill amends The Northern Affairs Act to remove references to The Planning Act and moves the planning process for Northern Manitoba into The Planning Act.

This Bill repeals Part IX (Northern Manitoba) of The Planning Act and replaces it with a new Part IX that clarifies the planning process as it relates both to incorporated communities and areas that are not within incorporated communities.