A A A

3rd Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 22

THE PLANNING AMENDMENT ACT (SUBDIVISION APPROVAL)


  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:

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

1           The Planning Act is amended by this Act.

2           Subsection 119(1) is amended by adding the following definition:

"minor subdivision" means a subdivision that results in a single new parcel of land or a subdivision of one or more parcels of land where each parcel being transferred is to be consolidated with an adjacent parcel covered by another title so that no additional title results, provided

(a) the parcels resulting from the subdivision conform with the development plan by-law, the zoning by-law and any secondary plan by-law;

(b) no new public roads will be created as a result of the subdivision; and

(c) the subdivision does not require any change in access to a provincial road or provincial trunk highway. (« lotissement mineur »)

3           The following is added after subsection 124(2) and before the centred heading "REVIEW BY COUNCIL":

Minor subdivisions

124(3)      Upon receiving an application for a minor subdivision, the approving authority may, in accordance with the regulations and as an exception to subsection (2),

(a) give conditional approval to the minor subdivision, subject to any conditions described in section 135 that the approving authority considers appropriate; and

(b) send a copy of the application and the conditional approval to the council of the municipality in which the affected land is located.

New or varied conditions

124(4)      The approving authority may add to, vary or rescind a condition it imposed under clause (3)(a), at any time before a certificate of approval is issued in respect of the minor subdivision.

4           Subsection 125(1) is amended by striking out "the planning report" and substituting "the material".

5           The following is added after section 125 and before the centred heading "FINAL DECISION BY APPROVING AUTHORITY":

MINOR SUBDIVISIONS

Review and approval of minor subdivisions

125.1(1)    In respect of an application for a minor subdivision sent to the council under subsection 124(3), a council may

(a) consider the application and decide, by resolution, to approve or reject it; or

(b) as an exception to section 125, provide that the application is to be referred to a designated employee or officer of the municipality and authorize the employee or officer to approve the application.

Approval may not be reversed

125.1(2)    An approval under subsection (1) is final,

and may not be reversed, despite The Municipal Act.

Conditions on approval

125.1(3)    An approval under subsection (1) may be made subject to any of the conditions described in section 135, and the decision maker under subsection (1) may add to, vary or rescind a condition that the decision maker imposed at any time before a certificate of approval is issued in respect of the minor subdivision.

Effect of approval – minor subdivisions

125.1(4)    A decision to approve an application for a minor subdivision is deemed to be a decision of the approving authority to give conditional approval to the minor subdivision under clause 126(2)(b).

Council resolution required to reject

125.1(5)    A decision to reject an application for a minor subdivision may be made only by a resolution of council, and no designated employee or officer may be authorized to make such a decision.

Effect of rejection

125.1(6)    A council's decision to reject an application for a minor subdivision is deemed to be a decision of the approving authority under clause 126(1)(a), and no appeal lies from such a decision.

Notice of decision

125.1(7)    The municipality must send a certified copy of its decision to the applicant, the approving authority and, where a board is the approving authority, to the minister.

Non-application

125.1(8)    Subsections 126(3) to (5) do not apply in respect of a minor subdivision.

6           Section 127 is amended by striking out "subsection 126(3)" and substituting "subsection 125.1(7) or 126(3)".

7           The following is added after subsection 128(1):

Effect of revocation — minor subdivisions

128(1.1)    In the case of a minor subdivision, the revocation of a conditional approval by the approving authority under subsection (1) has the effect of revoking any approval of the minor subdivision under section 125.1.

8           Clause 129(3)(a) is replaced with the following:

(a) within 30 days after

(i) the municipality gives notice of its decision  under subsection 125.1(7), or

(ii) the approving authority gives notice of its decision under subsection 126(3); or

9           Section 134 and the centred heading before it are repealed.

10          Item 3 of section 135 is amended by striking out "and" at the end of clause (a), adding "and" at the end of clause (b) and adding the following after clause (b):

(c) the use of the land and any existing or proposed building.

11          Clause 146(1)(a) is amended

(a) in subclause (iv), by striking out "under section 134"; and

(b) by adding the following after subclause (iv):

(v) respecting minor subdivisions which may be dealt with under subsection 124(3);

Coming into force

12          This Act comes into force on September 30, 2013.

Explanatory Note

The Planning Act currently provides a shortened approval process for minor subdivisions in cities, towns, villages or local urban districts. This Bill enables minor subdivisions in rural municipalities to be dealt with under the shortened process.

In addition, the municipal decision respecting a minor subdivision is considered to be the final decision of the approving authority — a change that further condenses the approval process.

The Act is also amended to enable a development agreement to include provisions respecting the use of the land and any existing or proposed building on the land.