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3rd Session, 41st Legislature

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Bill 19

THE PLANNING AMENDMENT ACT (IMPROVING EFFICIENCY IN PLANNING)


  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2           Section 1.1 is repealed.

3           Subsection 42(3) is repealed.

4           Clause 44(1)(b) is amended by striking out "qualified land use planner" and substituting "person who is a registered professional planner within the meaning of The Registered Professional Planners Act".

5           Subsection 47(2) is amended by adding "and" at the end of clause (a) and repealing clause (a.1).

6           Section 48 is amended

(a) in the part before clause (a), by striking out "made a representation" and substituting "objected to the by-law"; and

(b) in clause (c), by striking out "a representation" and substituting "an objection".

7           Subsection 50(2) is amended by striking out "After" and substituting "Within 30 days after".

8           Section 53 is amended

(a) by repealing clause (a); and

(b) by replacing clause (b) with the following:

(b) give the minister a copy of the development plan by-law in the form directed by the minister; and

9           Subsection 72(2) is repealed.

10          The following is added after section 72:

Changes to farm buildings housing livestock

72.1(1)     For a livestock operation, an authorized change to an existing farm building that houses livestock is deemed not to be a failure to comply with, or a change to a condition imposed on, the approval of a conditional use, an intensification of a use, a new use or new construction under this Act or any zoning by-law.

Meaning of "authorized change"

72.1(2)     In subsection (1), "authorized change", in relation to an existing farm building, means the replacement, or an alteration or expansion, of the building that does not result in an increase in the original number of animal units capable of being handled by the livestock operation by more than 15%.

Use of existing building during construction

72.1(3)     An existing farm building that is to be replaced by a new farm building, as permitted under this section, may continue to be used while the replacement building is being constructed, but may not be used to house livestock once the replacement building is substantially complete.

Limitation re non-conforming buildings and uses

72.1(4)     This section does not apply to an existing farm building or use of land that does not conform with the applicable zoning by-law.

11          The following is added after the centred heading "ADOPTION OF ZONING BY-LAW" and before section 74:

Eligible persons

73.1(1)     In this section, "eligible person" means a person who would be eligible, if a general election were held under The Municipal Councils and School Boards Elections Act on the day the objection was made, to vote at an election of members of

(a) the council of the municipality, in the case of a zoning by-law of a municipality; or

(b) the council of a member municipality, in the case of a district-wide zoning by-law.

Sufficient objections re adopting a zoning by-law

73.1(2)     To be sufficient for the purposes of sections 74 to 79 (adoption of a zoning by-law), objections must be received from at least 25 eligible persons.

Sufficient objections re amending a zoning by-law

73.1(3)     To be sufficient for the purposes of applying sections 74 to 79 to a proposed amendment to a zoning by-law, objections must be received from at least

(a) 25 eligible persons; or

(b) 50% of the total number of owners of property located within 100 metres of the affected property.

Objections on owner's behalf

73.1(4)     A person who is authorized in writing by an owner described in clause (3)(b) may make an objection on the owner's behalf.

12          Section 75 is amended

(a) in the section heading, by striking out "no objection" and substituting "objections not sufficient"; and

(b) in the part before clause (a), by striking out "If no person objects to" and substituting "Unless there are sufficient objections to".

13(1)       Subsection 76(1) is amended

(a) by striking out "an objection to a zoning by-law is" and substituting "sufficient objections to a zoning by-law are"; and

(b) by striking out "it" and substituting "the objections".

13(2)       Subsection 76(2) is amended in the part before clause (a), by striking out "objection" and substituting "objections".

13(3)       Clause 76(3)(b) is amended by striking out "a second objection is" and substituting "sufficient objections are".

13(4)       Subsection 76(4) is amended

(a) in the section heading, by striking out "no second objection" and substituting "second objections are not sufficient"; and

(b) in the part before clause (a), by striking out "a second objection" and substituting "sufficient objections".

13(5)       Subsection 76(5) is amended

(a) in the section heading, by striking out "on second objection" and substituting "if sufficient objections";

(b) in the part before clause (a), by striking out "a second objection" and substituting "sufficient objections"; and

(c) in clause (a), by striking out "objection" and substituting "objections".

13(6)       Clause 76(6)(b) is amended by striking out "objection" and substituting "objections".

14(1)       Subsection 77(1) is amended

(a) by striking out "an objection to a zoning by-law is" and substituting "sufficient objections to a zoning by-law are"; and

(b) by striking out "it" and substituting "the objections".

14(2)       Subsection 77(4) is amended

(a) in the section heading, by striking out "no second objection" and substituting "second objections are not sufficient"; and

(b) in the part before clause (a), by striking out "a second objection" and substituting "sufficient objections".

14(3)       Subsection 77(5) is amended

(a) in the section heading, by striking out "second objection" and substituting "objections"; and

(b) in the part before clause (a),

(i) by striking out "a second objection" and substituting "sufficient objections", and

(ii) by striking out "the objection" and substituting "the objections".

15          Subsection 78(1) is amended in the part before clause (a), by striking out "a second objection" and substituting "an objection".

16          Subsection 80(3) is amended by striking out "Sections" and substituting "Subsection 73.1(3) and sections".

17          Subsection 102(1) is amended by striking out "10%" in clauses (a) and (b) and substituting "15%".

18(1)       Subsection 109(1) is amended by striking out "The order" and substituting "Except as provided in section 118.2, the order".

18(2)       Subsection 109(2) is replaced with the following:

Appeal of planning commission order

109(2)      The order of a planning commission on an application for approval of a conditional use — except a decision that is subject to section 118.2 — may be appealed in accordance with sections 34 and 35 (appeal of decision by commission).

19(1)       Subsection 114(1) is amended by striking out ", which must be at least 30 days after it receives the Technical Review Committee report respecting the application".

19(2)       Subsection 114(2) is amended by adding "and" at the end of clause (a) and repealing clause (b).

20          The following is added after section 118 as part of Part 7:

DIVISION 3

APPEALS CONCERNING AGGREGATE

QUARRIES AND LARGE-SCALE

LIVESTOCK OPERATIONS

Definitions

118.1       The following definitions apply in this Division.

"aggregate quarry" has the same meaning as in subsection 1(1) of The Mines and Minerals Act. (« carrière d'agrégat »)

"large-scale livestock operation" means a livestock operation that is subject to Division 2. (« exploitation de bétail à grande échelle »)

Right to appeal

118.2(1)    An applicant may appeal the following decisions of a board, council or planning commission to the Municipal Board:

(a) for an application for approval of a conditional use made in respect of an aggregate quarry,

(i) a decision to reject the application,

(ii) a decision to impose conditions;

(b) for an application for approval of a conditional use made in respect of a large-scale livestock operation,

(i) a decision to reject the application,

(ii) a decision to impose conditions.

How to appeal

118.2(2)    An appeal may be commenced by sending a notice of appeal to the Municipal Board within 30 days after the board, council or planning commission gives notice of its decision under

(a) section 108, in respect of an application concerning an aggregate quarry; or

(b) section 117, in respect of an application concerning a large-scale livestock operation.

Notice of appeal

118.2(3)    A notice of appeal must include the following information:

(a) the legal description of the land that is subject to the application and the name of the municipality in which the land is located;

(b) the name and address of the appellant;

(c) if the decision being appealed relates to conditions imposed in a conditional approval, a description of the conditions being appealed.

Appeal hearing

118.3(1)    The Municipal Board must hold a hearing to consider the appeal.

Notice of hearing

118.3(2)    At least 14 days before the hearing, the Municipal Board must send notice of the hearing to the appellant, the board, council or planning commission and any other person the Municipal Board considers appropriate.

Decision of Municipal Board

118.4(1)    The Municipal Board must make an order

(a) rejecting the proposal; or

(b) approving the proposal, subject to any conditions described in the following provisions that it considers appropriate:

(i) subsection 106(2), in the case of an aggregate quarry,

(ii) section 107, in the case of a large-scale livestock operation.

Notice of decision

118.4(2)    The Municipal Board must make its order within 30 days after the hearing is concluded and must send a copy of the order to the appellant, the board, council or planning commission and any other party to the appeal.

Decision not subject to appeal

118.4(3)    A decision of the Municipal Board on an appeal is final and not subject to further appeal.

Effect of decision

118.5       The applicable board, council or planning commission continues to have jurisdiction under the following provisions in respect of an order made under section 118.4, but may not require the owner of the affected property to enter into a development agreement under section 150 unless the Municipal Board requires a development agreement as a condition under clause 118.4(1)(b):

(a) subsections 106(3) and (4) and section 110, in the case of an aggregate quarry;

(b) subsection 116(4), in the case of a large-scale livestock operation.

21          Clause 129(4)(a) is amended by adding "the name of" before "the municipality".

22          Subsection 131(2) is amended in the French version by striking out "à compter de" and substituting "suivant".

23          Subsection 139(1) is amended, in the part before clause (a), by adding ", whether the land is in the name of the municipality or the Crown in right of Manitoba," after "public reserve land".

24          Subsection 163(1) is amended by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):

(c) sent by e-mail or other method of electronic communication to the person, but only if the person has agreed in writing that the notice or document may be sent to the person by e-mail or other method of electronic communication.

25           The following is added after subsection 168(2):

Exception to newspaper notice requirement

168(2.1)    Despite subsection (2), notice of a hearing is not required to be published in a newspaper or posted in any location if the notice

(a) is posted on a publicly accessible website of the applicable planning district or municipality; and

(b) remains posted on the website throughout the 27-day period before the hearing.

26          The following is added after subsection 169(4):

Notice of a conditional use involving an aggregate quarry

169(5)      Despite subsection (2), a copy of a notice of hearing on an application to approve a conditional use respecting an aggregate quarry, as defined in section 118.1, must be sent to the minister at least 60 days before the matter is heard, as provided for under section 105.

27          Section 190 is repealed.

28          Clause 193(1)(b.1) is repealed.

TRANSITIONAL PROVISIONS

Review of large-scale conditional use livestock operations

29(1)       A planning district or municipality that has designated livestock operations involving 300 or more animal units as a conditional use in its zoning by-law must complete a review of the designation within one year after the coming into force of this section.

Method of review

29(2)       As part of the review, the designation must be examined within the framework of the applicable livestock operation policy, and the board or council must hold one or more public meetings to obtain public input on the designation.

Reviews may be combined

29(3)       For certainty, a review under this section may be combined with a periodic review of a development plan under section 59 of The Planning Act if that periodic review is completed within one year after the coming into force of this section.

RELATED AMENDMENTS

C.C.S.M. c. E125 amended

30(1)       The Environment Act is amended by this section.

30(2)       The definition "Interdepartmental Planning Board" in subsection 1(2) is repealed.

30(3)       Clause 10(4)(b) is amended by striking out "file a copy of the proposal with the Interdepartmental Planning Board and".

30(4)       Subsection 10(5) is amended by striking out "the Interdepartmental Planning Board or other departments" and substituting "a department".

30(5)       Subsection 11(8) is amended, in clauses (b) and (c), by striking out "Interdepartmental Planning Board and other".

30(6)       Section 12 is amended, in subsection (4) and the part of subsection (5) before clause (a), by striking out "Interdepartmental Planning Board and other".

C.C.S.M. c. M162 amended

31(1)        The Mines and Minerals Act is amended by this section.

31(2)       The definition "Interdepartmental Planning Board" in subsection 1(1) is repealed.

31(3)       Section 13 is amended by striking out "and after consulting the Interdepartmental Planning Board".

Coming into force: royal assent

32(1)       Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force: proclamation

32(2)       Sections 18, 20 and 26 come into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Planning Act.

Zoning by-laws

Currently, the process for adopting or amending a zoning by-law provides for additional proceedings if anyone objects. Under this Bill, those proceedings are required only if objections are received from 25 voters. If a zoning amendment concerns a specific property, the additional proceedings also apply only if at least 50% of the owners of the neighbouring properties object.

Livestock operations

The review and approval process for large-scale livestock operations is amended. Such an operation is no longer required to be designated as a conditional use in a zoning by-law, and any by-law that provides that designation must be reviewed within one year. An existing farm building that conforms to the applicable zoning by-law can be replaced, altered or expanded without the need for renewed approval. The provision deeming related nearby livestock operations to be a single operation is removed.

Appeals

Currently, decisions about conditional use applications for large-scale livestock operations or aggregate quarry operations are not subject to appeal. Under this Bill, an applicant may now appeal a rejection, or the imposition of conditions on an approval, to the Municipal Board.

Other key amendments

Under this Bill,

  • a 30-day time period is established for the Municipal Board to report on its hearing concerning a development plan by-law;
  • a municipality no longer reports to the minister on its consultation with school boards about development plan by-laws;
  • the variance of a zoning by-law that can be approved by a designated employee is increased to 15% from not more than 10%;
  • the process for closing public reserves is streamlined;
  • certain notice requirements are simplified and posting notices on the internet rather than by newspaper is permitted; and
  • the Interdepartmental Planning Board is dissolved and references to it are removed from The Environment Act and The Mines and Minerals Act.