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Fifth Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 48

THE PLANNING AND LAND DEDICATION FOR SCHOOL SITES ACT (VARIOUS ACTS AMENDED)


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 CITY OF WINNIPEG CHARTER

S.M. 2002, c. 39 amended

1           The City of Winnipeg Charter is amended by this Part.

2           Section 1 is amended by adding the following definitions:

"school building" means a school building as defined in subsection 1(1) of The Public Schools Act; (« bâtiment scolaire »)

"school site" means a school site as defined in subsection 1(1) of The Public Schools Act; (« emplacement scolaire »)

3           The following is added after subsection 226(3):

Consultations re schools

226(3.1)    As part of a review of Plan Winnipeg, council must consult with the school board of each school division whose boundaries include land within the city on the following matters:

(a) the current and anticipated needs of the school board for new or expanded school buildings;

(b) the amount, suitability and location of land required for school sites necessary to accommodate those new or expanded school buildings.

Subject matter of consultation with school boards

226(3.2)    As part of the consultations required by subsection (3.1), council and a school board must identify

(a) any areas of the school division that the city has designated for new or intensified residential development, including

(i) the projected number of dwelling units that may be developed in those areas over the long-range time frame specified in Plan Winnipeg, and

(ii) the projected number of children who will require schooling as those dwelling units are developed;

(b) when the anticipated school buildings and school sites are expected to be required by the school board; and

(c) how the existing and anticipated school buildings and school sites will relate to

(i) the existing public places and facilities in the area, and

(ii) any new or expanded public places or facilities that council proposes to be provided for in Plan Winnipeg or a secondary plan.

4           Subsection 228(1) is amended by striking out "and" at the end of clause (b) and adding the following after clause (b):

(b.1) a written summary of the consultations that were carried out with each school board required to be consulted under subsection 226(3.1); and

5           The following is added after section 259 and before the centred heading that follows it:

CONDITION OF SUBDIVISION APPROVAL — LAND FOR SCHOOL SITES

Interpretation of "developer"

259.1(1)    For the purpose of this section, a person is a developer if, in respect of an application for the approval of a plan of subdivision,

(a) the person is the owner of land that is proposed to be subdivided; and

(b) the proposed plan of subdivision, if approved, will

(i) result in four or more parcels of land, and

(ii) be made subject to the conditions described in clause 259(1)(d) (dedication of streets).

Definitions

259.1(2)    The following definitions apply in this section.

"school board" means the school board of the school division in which land that is proposed to be subdivided is located. (« commission scolaire »)

"specified price", in respect of land within a proposed subdivision, means the amount determined in accordance with the following formula:

P × AV

In this formula,

P    is the area of the land that is to be conveyed to the school board under clause (3)(a), expressed as a percentage of the total area of land that is proposed to be subdivided;

AV  is the assessed value of the land, and any improvements on the land, that is proposed to be subdivided, as shown on the latest revised real property assessment roll of the city at the time immediately before the application for the approval of the plan of subdivision was made. (« prix déterminé »)

Land for school sites

259.1(3)    The city must ensure that any approval of an application made by or on behalf of a developer is made subject to a condition that the developer enter into a written agreement with the school board under which the developer agrees to

(a) convey to the school board, at the specified price, the prescribed area of land

(i) that is within the proposed subdivision, or

(ii) at the option of the school board, that is within any other area included in the school division; or

(b) at the option of the school board, pay money to the school board in lieu of conveying land, in an amount equal to the specified price of the land that would otherwise be conveyed to the school board under clause (a).

Considerations of school board

259.1(4)    A school board must, in exercising its options under subsection (3), consider the suitability and location of land that it requires for school sites, as identified in its consultations with council.

Application

259.1(5)    The condition that the city must impose on a developer under subsection (3) applies despite any other provision of this Act, and that condition is in addition to any other condition that may be imposed on the developer by the city.

Regulations

259.1(6)    For the purpose of clause (3)(a), the Lieutenant Governor in Council may make regulations prescribing, in respect of an area of land that a developer proposes to subdivide, the area of land that the developer must convey to a school board.

Classes and exemption

259.1(7)    A regulation under subsection (6) may

(a) create different classes of proposed subdivisions of land and, without limitation, may create classes with respect to any characteristic of a proposed subdivision, including

(i) the location of the land to be subdivided,

(ii) the size of the parcel of land to be subdivided,

(iii) the number of parcels resulting from the subdivision, and

(iv) the use or intended use of the land;

(b) impose different requirements on or in respect of different classes;

(c) exempt any class of proposed subdivision from the application of this section.

Prohibition — advertising future school buildings

259.2(1)    No developer shall advertise that a school building is to be built or may be built on a parcel of land that is within the city.

Exception

259.2(2)    Subsection (1) does not apply in respect of a parcel of land if a school board is authorized to call for tenders for the construction of a school building on that parcel, as provided for under subsection 8.3(4) of The Public Schools Finance Board Act.

Definitions

259.2(3)    The following definitions apply in this section.

"advertise" means to advertise by any means and includes making oral representations. (« annoncer »)

"developer" means a person who, directly or indirectly, owns, leases or has the right to acquire or dispose of four or more parcels that are shown on the same plan of subdivision. (« promoteur »)

Offence

259.3       A person who contravenes subsection 259.2(1) is guilty of an offence and is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $5,000; and

(b) in the case of a corporation, to a fine of not more than $25,000.

PART 2

THE PLANNING ACT

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

6           The Planning Act is amended by this Part.

7           Subsection 1(1) is amended by adding the following definitions:

"school building" means a school building as defined in subsection 1(1) of The Public Schools Act. (« bâtiment scolaire »)

"school site" means a school site as defined in subsection 1(1) of The Public Schools Act. (« emplacement scolaire »)

8(1)        Subsection 44(1) is amended by striking out "and" at the end of clause (a) and adding the following after clause (a):

(a.1) consult with the school board of any school division or school district whose boundaries include land within the area of the planning district or municipality on the following matters:

(i) the current and anticipated needs of the school board for new or expanded school buildings,

(ii) the amount, suitability and location of land required for school sites necessary to accommodate those new or expanded school buildings; and

8(2)        The following is added after subsection 44(1):

Subject matter of consultation with school boards

44(1.1)     As part of the consultations required by clause (1)(a.1), the board or council and a school board must identify

(a) the areas designated for new or intensified residential development within the planning district or municipality, including

(i) the projected number of dwelling units that may be developed in those areas over the long-range time frame specified in the development plan, and

(ii) the projected number of children who will require schooling as those dwelling units are developed;

(b) when new or expanded school buildings and school sites are expected to be required by the school board; and

(c) how the existing school buildings and school sites, and those anticipated under clause (b), will relate to

(i) the existing public places and community facilities in the area, and

(ii) any new or expanded public places or community facilities that the board or council proposes to be provided for in the applicable development plan or any applicable secondary plan.

9           Subsection 47(2) is amended by striking out "and" at the end of clause (a) and adding the following after clause (a):

(a.1) a written summary of the consultations that were carried out with each school board required to be consulted under section 44; and

10          Subsection 59(3) is amended by striking out "and" at the end of clause (a) and by adding the following after clause (a):

(a.1) the consultations with a school board, as required under section 44; and

11          Clause 126(2)(b) is amended by striking out "and" at the end of subclause (i) and by adding the following after subclause (i):

(i.1) the condition required under subsection 137.1(3),

12          Section 135 is amended by repealing clause (c) of item 6.

13          Subsection 136(1) is replaced with the following:

Money in place of public reserve

136(1)      The council may require the owner of land that is the subject of a proposed subdivision to provide money to the municipality in place of dedicating land for public reserve purposes under item 6(b) of section 135. The amount paid must be equivalent to the value of the land that would have been dedicated.

14          The following is added after section 137 and before the centred heading that follows it:

CONDITION OF SUBDIVISION APPROVAL — LAND FOR SCHOOL SITES

Interpretation of "developer"

137.1(1)    For the purpose of this section, a person is a developer if, in respect of an application for subdivision approval,

(a) the person is the owner of land that is proposed to be subdivided; and

(b) the application, if approved, will

(i) result in four or more parcels, and

(ii) create one or more new public roads.

Definitions

137.1(2)    The following definitions apply in this section.

"school board" means the school board of the school division or school district in which land that is proposed to be subdivided is located. (« commission scolaire »)

"specified price", in respect of land within a proposed subdivision, means the amount determined in accordance with the following formula:

P × AV

In this formula,

P    is the area of the land that is to be conveyed to the school board under clause (3)(a), expressed as a percentage of the total area of land that is proposed to be subdivided; and

AV  is the assessed value of the land, and any improvements on the land, that is proposed to be subdivided, as shown on the latest revised real property assessment roll of the applicable municipality at the time immediately before the application for subdivision approval was made. (« prix déterminé »)

Land for school sites

137.1(3)    An approving authority must ensure that any approval of an application for subdivision approval made by or on behalf of a developer is made subject to a condition that the developer enter into a written agreement with the school board under which the developer agrees to

(a) convey to the school board, at the specified price, the prescribed area of land

(i) that is within the proposed subdivision, or

(ii) at the option of the school board, that is within any other area included in the school division or school district; or

(b) at the option of the school board, pay money to the school board in lieu of conveying land, in an amount equal to the specified price of the land that would otherwise be conveyed to the school board under clause (a).

Considerations of school board

137.1(4)    A school board must, in exercising its options under subsection (3), consider the suitability and location of land that it requires for school sites, as identified in its consultations with the board of the planning district or council of the municipality.

Application

137.1(5)    The condition that the approving authority must impose on a developer under subsection (3) applies despite any other provision of this Act, and that condition is in addition to any other condition that may be imposed on the developer by the approving authority.

Prohibition — advertising future school buildings

137.2(1)    No developer shall advertise that a school building is to be built or may be built on a parcel of land that is outside the City of Winnipeg.

Exception

137.2(2)    Subsection (1) does not apply in respect of a parcel of land if a school board is authorized to call for tenders for the construction of a school building on that parcel, as provided for under subsection 8.3(4) of The Public Schools Finance Board Act.

Definitions

137.2(3)    The following definitions apply in this section.

"advertise" means to advertise by any means and includes making oral representations. (« annoncer »)

"developer" means a person who, directly or indirectly, owns, leases or has the right to acquire or dispose of four or more parcels that are shown on the same plan of subdivision. (« promoteur »)

Offence

137.3       A person who contravenes subsection 137.2(1) is guilty of an offence and is liable on summary conviction,

(a) in the case of an individual, to a fine of not more than $5,000; and

(b) in the case of a corporation, to a fine of not more than $25,000.

15          Section 141 is repealed.

16          The following is added after section 146 and before Part 9:

Regulation — land for school sites

146.1(1)    For the purpose of clause 137.1(3)(a), the Lieutenant Governor in Council may make regulations prescribing, in respect of an area of land that a developer proposes to subdivide, the area of land that the developer must convey to a school board.

Classes and exemption

146.1(2)    A regulation under subsection (1) may

(a) create different classes of proposed subdivisions of land and, without limitation, may create classes with respect to any characteristic of a proposed subdivision, including

(i) the location of the land to be subdivided,

(ii) the size of the parcel of land to be subdivided,

(iii) the number of parcels resulting from the subdivision, and

(iv) the use or intended use of the land;

(b) impose different requirements on or in respect of different classes;

(c) exempt any class of proposed subdivision from the application of this section.

PART 3

THE PUBLIC SCHOOLS ACT

C.C.S.M. c. P250 amended

17          The Public Schools Act is amended by this Part.

18          Section 67 is amended by striking out "section 174" and substituting "sections 68.2 and 174".

19          The following is added after section 68 and before the centred heading that follows it:

Money respecting land for school sites

68.1(1)     A school board must account separately for money

(a) that it received from the sale or lease of land that was conveyed to it; or

(b) that was paid to it in lieu of land being conveyed to it;

by a developer, as required under subsection 137.1(3) of The Planning Act or subsection 259.1(3) of The City of Winnipeg Charter.

Use of money

68.1(2)     A school board may use the money referred to in subsection (1) and interest earned on the money only to acquire land for a school site or to acquire school buses.

Notice of intention to dispose of land

68.2(1)     A school board must not dispose of land until it has presented the proposed disposition, and the reasons for it, at an open meeting of the board and heard from persons present who wish to make submissions regarding the disposition.

Public notice

68.2(2)     The school board must, at least 14 days before the open meeting at which a disposition of land will be considered, give public notice of the meeting.

PART 4

CONSEQUENTIAL AMENDMENT

AND TRANSITIONAL PROVISIONS

Consequential amendment, C.C.S.M. c. P260

20          The Public Schools Finance Board Act is amended by adding the following after section 8.3 and before the centred heading that follows it:

Court-ordered compliance

8.4         If it appears to the board that a person is not complying with section 259.2 of The City of Winnipeg Charter or section 137.2 of The Planning Act, the board may apply to the Court of Queen's Bench for an order directing the person to comply, and the court may make any order it considers appropriate.

Transitional: Plan Winnipeg

21(1)       Subsection 226(3.1) of The City of Winnipeg Charter, as enacted by section 3 of this Act, and clause 228(1)(b.1) of The City of Winnipeg Charter, as enacted by section 4 of this Act, apply to any periodic review of Plan Winnipeg that is initiated on or after the day that this Act comes into force.

Transitional: subdivision approvals — Winnipeg

21(2)       Section 259.1 of The City of Winnipeg Charter, as enacted by section 5 of this Act, applies in respect of any application for the approval of a plan of subdivision that is received by the city on or after the day that this Act comes into force.

Transitional: development plan by-laws

22(1)       Clause 44(1)(a.1) of The Planning Act, as enacted by subsection 8(1) of this Act, and clause 47(2)(a.1) of The Planning Act, as enacted by section 9 of this Act, apply to a development plan by-law that is given first reading on or after the day that this Act comes into force.

Transitional: subdivision approvals under Planning Act

22(2)       Section 137.1 of The Planning Act, as enacted by section 14 of this Act, applies in respect of any application for subdivision approval that is received by an approving authority on or after the day that this Act comes into force.

PART 5

COMING INTO FORCE

Coming into force

23          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill requires all planning authorities, including the City of Winnipeg, to consult with school boards on the need for school sites as part of the development planning process.

A developer who subdivides land must offer a portion of the land or money in lieu of land to the applicable school board. A person is considered to be a developer if the approval of its proposed subdivision will result in four or more parcels of land and a public road. If the school board accepts the offer of land it must pay the developer the assessed value of the land.

The portion of the land that the developer must offer to a school board will be determined by regulation.

A school board may use the money in lieu of land that it receives only to acquire school sites or to buy school buses. The school board must hold a public meeting before disposing of land that was given to it.

This Bill prohibits a person who is selling four or more parcels of land in the same subdivision from advertising that a school will be built on a particular piece of land. This prohibition ceases to apply once the construction of a school on the land is approved by the Public Schools Finance Board.

To give effect to these provisions, this Bill makes amendments to The City of Winnipeg Charter, The Planning Act and The Public Schools Act. A consequential amendment is made to The Public Schools Finance Board Act.

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