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2nd Session, 41st Legislature

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Bill 5

THE CITY OF WINNIPEG CHARTER AMENDMENT, PLANNING AMENDMENT AND REAL PROPERTY AMENDMENT ACT (CONFORMING TO CONSTRUCTION STANDARDS THROUGH AGREEMENTS)


  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 CITY OF WINNIPEG CHARTER

S.M. 2002, c. 39 amended

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

2           The following is added after section 240.1 and before the centred heading that follows it:

CONFORMING CONSTRUCTION AGREEMENTS

Agreements

240.2(1)    As a condition of issuing a building permit or approving a variance, the city may require the owner or owners of each parcel affected by the permit or variance to enter into a conforming construction agreement with the city.

Purpose

240.2(2)    A conforming construction agreement is to address either or both of the following:

(a) the required separation between buildings by having the limiting distance be measured from an exposing building face to a point that

(i) is beyond the lot line of the parcel on which it is constructed, and

(ii) is not on a street, back lane or public thoroughfare;

(b) the required access to public thoroughfares from building exits and to public streets from a parcel through use of neighbouring parcels.

Content

240.2(3)    A conforming construction agreement must

(a) set out the legal description of each affected parcel;

(b) provide that each registered owner agrees to one or both of the following:

(i) that a building will not be constructed on an affected parcel unless the limiting distance for an exposing building face in respect of the proposed construction is measured in accordance with the agreement,

(ii) that access to a public street or a public thoroughfare from an affected parcel be permitted through one or more adjacent affected parcels;

(c) provide that the agreement runs with the land; and

(d) be executed by

(i) each person who is, or is entitled to be, a registered owner of each affected parcel, and

(ii) the city.

An agreement may also provide that the registered owner or owners indemnify the city in respect of the agreement.

Effect of agreement

240.2(4)    When the conforming construction agreement is registered in the land titles office, the agreement binds the registered owner or owners of the affected parcels, and their heirs, executors, administrators, successors and assigns.

Definition

240.2(5)    In this section, "building permit" means a permit issued by the city authorizing the construction or alteration of all or part of any building.

PART 2

THE PLANNING ACT

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

3           The Planning Act is amended by this Part.

4           The following is added after section 151 as part of Part 9:

CONFORMING CONSTRUCTION AGREEMENTS

Agreements

151.1(1)    As a condition of issuing a building permit or making a variance order, a permitting authority may require the owner or owners of each parcel of land affected by the permit or order to enter into a conforming construction agreement with the authority.

Purpose

151.1(2)    A conforming construction agreement is to address either or both of the following:

(a) the required separation between buildings by having the limiting distance be measured from an exposing building face to a point that

(i) is beyond the lot line of the parcel of land on which it is constructed, and

(ii) is not on a street, lane or public thoroughfare;

(b) the required access to public thoroughfares from building exits and to public streets from a parcel of land through use of neighbouring parcels of land.

Content

151.1(3)    A conforming construction agreement must

(a) set out the legal description of each affected parcel of land;

(b) provide that each owner agrees to one or both of the following:

(i) that a building will not be constructed on an affected parcel of land unless the limiting distance for an exposed building face in respect of the proposed construction is measured in accordance with the agreement,

(ii) that access to a public street or a public thoroughfare from an affected parcel of land be permitted through one or more adjacent affected parcels;

(c) provide that the agreement runs with the land; and

(d) be executed by

(i) each person who is, or is entitled to be, an owner of each affected parcel of land, and

(ii) the permitting authority.

An agreement may also provide that the owner or owners indemnify the permitting authority in respect of the agreement.

Effect of agreement

151.1(4)    When the conforming construction agreement is registered in the appropriate land titles office, the agreement binds the owner or owners of the affected parcels of land, and their heirs, executors, administrators, successors and assigns.

Definitions

151.1(5)    The following definitions apply in this section.

"building permit" means a permit issued by an authority having jurisdiction authorizing the construction or alteration of all or part of any building. (« permis de construction »)

"permitting authority" means

(a) in relation to a conforming construction agreement that deals with construction of a building, the authority having jurisdiction to issue a building permit in respect of the building; and

(b) in relation to a conforming construction agreement that deals with a variance to a zoning by-law, the municipality or planning district that made the by-law. (« autorité compétente »)

PART 3

THE REAL PROPERTY ACT

C.C.S.M. c. R30 amended

5           The Real Property Act is amended by this Part.

6           Subsection 45(5) is amended by adding the following after clause (f):

(f.1) registered conforming construction agreements under section 76.5;

7           The following is added after section 76.4:

Definitions

76.5(1)     The following definitions apply in this section.

"conforming construction agreement" means a conforming construction agreement that meets the criteria in

(a) section 151.1 of The Planning Act; or

(b) section 240.2 of The City of Winnipeg Charter. (« entente de conformité »)

"permitting authority" means

(a) a permitting authority as described in section 151.1 of The Planning Act; or

(b) in the case of land within the City of Winnipeg, the city. (« autorité compétente »)

Registering agreement

76.5(2)     The district registrar of the appropriate land titles office must register a conforming construction agreement submitted by the permitting authority.

Entry on title

76.5(3)     When a conforming construction agreement is registered, the district registrar must make an entry on the title of the affected land.

Registering amendment

76.5(4)     The district registrar must register an amendment to the conforming construction agreement that is executed by the parties to the agreement and submitted by the permitting authority.

Discharging registration

76.5(5)     The district registrar must register an instrument discharging the registration of the conforming construction agreement if the instrument is in an approved form and executed by the permitting authority.

Transitional

76.5(6)     This section applies to a conforming construction agreement even if it was executed before the coming into force of this section.

PART 4

COMING INTO FORCE

Coming into force

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

Explanatory Note

Building codes and zoning by-laws require that buildings be set back from the property line so that they are separated from surrounding buildings by certain distances. The codes and by-laws also require that people in the buildings have immediate access to sidewalks and streets.

This Bill allows these requirements to be met through an agreement between the property owners and the building permit issuer that places restrictions and controls on the property. For example, the agreement might be that an undeveloped portion of one of the properties must remain that way, or the agreement might be that the occupants of a building may gain the required access by passing through the neighbouring property.

Once registered, these agreements run with the land and bind future property owners. Registrations cannot be discharged without the consent of the building permit issuer.

Amendments to The City of Winnipeg Charter, The Planning Act and The Real Property Act formally provide for these agreements and their registration.