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2nd Session, 40th 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 7

THE PLANNING AMENDMENT AND CITY OF WINNIPEG CHARTER AMENDMENT ACT (AFFORDABLE HOUSING)


  Bilingual version (PDF) 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 PLANNING ACT

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

1           The Planning Act is amended by this Part.

2           The following is added after subsection 71(4):

Zoning for affordable housing

71(5)       A zoning by-law for a new residential development may require that a specified percentage of the dwelling units within the development offer affordable housing to low and moderate income households.

"Affordable housing" to be defined

71(6)       A requirement under subsection (5) may be imposed only if a definition of "affordable housing", or the manner for determining if housing is affordable housing, is prescribed in the by-law.

Incentive zoning

71(7)       A zoning by-law may allow for the modification of specified development requirements, including increased density of dwelling units, if a development provides the public benefits prescribed in the by-law, such as affordable housing.

3           Section 73 is repealed.

4           Section 150 is amended by adding the following after clause (c):

(c.1) the provision of affordable housing, if the application is for an amendment to a zoning by-law to permit a new residential development that is subject to a requirement under subsection 71(5);

5           The following is added after section 150:

Development agreements for affordable housing

150.1       A development agreement that deals with the matters described in clause 150(c.1) may contain terms and conditions respecting

(a) the provision of affordable housing, including the number, type and extent of the dwelling units; and

(b) the measures that are required to be taken and maintained so that the housing remains affordable over the long term.

PART 2

THE CITY OF WINNIPEG CHARTER

S.M. 2002, c. 39 amended

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

7(1)        Subsection 236(2) is amended by adding the following after clause (t):

(t.1) for new residential developments, the establishment of a specified percentage of the dwelling units within the development that offer affordable housing to low and moderate income households;

(t.2) modification of the zoning requirements otherwise applicable, including requirements respecting density of dwelling units, if a development provides the public benefits prescribed in the by-law, such as affordable housing;

7(2)        The following is added after subsection 236(2):

"Affordable housing" to be defined

236(2.1)    A requirement under clause (2)(t.1) may be imposed only if a definition of "affordable housing", or the manner for determining if housing is affordable housing, is prescribed in the by-law.

8           Subsection 240(1) is amended by adding the following after clause (c):

(c.1) the provision of affordable housing, if the application is to permit a new residential development that is subject to a requirement under clause 236(2)(t.1);

9           The following is added after section 240:

Development agreements for affordable housing

240.1       A development agreement that deals with the matters described in clause 240(1)(c.1) may include terms and conditions respecting

(a) the provision of affordable housing, including the number, type and extent of the dwelling units; and

(b) the measures that are required to be taken and maintained so that the housing remains affordable over the long term.

PART 3

COMING INTO FORCE

Coming into force

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

Explanatory Note

This Bill amends The Planning Act and The City of Winnipeg Charter. It enables planning districts and municipalities to use zoning by-laws and development agreements to require that affordable housing be provided in new residential developments.