Skip to main content
The Planning Amendment and Consequential Amendments Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 1998, c. 39

THE PLANNING AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to June 29, 1998)

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 is amended

(a) by adding the following definition in alphabetical order:

"alteration", means

(a) with respect to a development plan by-law,

(i) a change made to the by-law by a board or council between first and second readings and after a public hearing under subsection 28(1), or

(ii) a change required to be made to the by-law by the minister between second and third readings,

(b) with respect to a zoning by-law, a change made to the by-law by a board or council between first and second readings and after a public hearing under subsection 42(1); (« modification »)

(b) by repealing the definition "approving authority" and substituting the following:

"approving authority " means

(a) the minister,

(b) a board authorized by the minister,

(c) a council authorized by the minister under subsection 22(6), or

(d) the minister responsible for the administration of provincial park lands under The Provincial Parks Act; (« autorité compétente »)

(c) by repealing the definition "basic planning statement";

(d) by repealing the definition "board" and substituting the following:

"board" means the board of a planning district established under section 12; (« commission d'aménagement » ou « commission »)

(e) in clause (a) of the definition "clerk", by adding "chief administrative officer," before "secretary-treasurer";

(f) in the definition "conditional use", by striking out "or planning scheme";

(g) in the definition "development permit", by striking out "planning scheme or";

(h) by striking out the definition "development plan" and substituting the following:

"development plan" means

(a) all or part of a plan, policy or program, with attached texts, maps or illustrations, that affects a defined area of land and is approved under this Act, and

(b) all or part of a basic planning statement adopted under this Act; (« plan directeur »)

(i) by repealing the definition "planning scheme";

(j) in the definition "public authority", by striking out "district planning board" and substituting "corporation to which The Crown Corporations Public Review and Accountability Act applies";

(k) in the definition "public reserve", by striking out ""public reserve" within the meaning of The Real Property Act" and substituting "land that is vested in a municipality and that is dedicated to the public for public use";

(l) by repealing the definition "resolution" and substituting the following:

"resolution" means a resolution of a council or board, and includes all or part of a report adopted by a council or board; (« résolution »)

(m) in the definition "shoreland"

(i) by striking out clause (a) and substituting the following:

(a) land within 300 metres of the ordinary high water mark of a lake, sea or sea inlet, or

(ii)  in clause (b), by striking out "300 feet" and substituting "100 metres".

3         Section 3 is amended by adding "planning" before "programs".

4         Section 5 is amended by repealing clauses (d) to (f) and substituting the following:

(d) recommend to Executive Council

(i) the establishment of a special planning area,

(ii) the approval, amendment or rejection of a development plan for a special planning area,

(iii) the establishment, alteration of boundaries or dissolution of a planning district;

(e) after consultation with Executive Council, approve or reject a planning district or municipal development plan by-law, or an amendment to such a by-law.

5(1)      Subsection 6(1) is amended

(a) by repealing clause (c), and substituting the following:

(c) approve or reject a development plan for a special planning area;

(b) in clause (d), by adding ", alter the boundaries of or dissolve" after "establish".

5(2)      Subsection 6(3) is repealed.

6         The centered heading "INTER-DEPARTMENTAL PLANNING BOARD" is added before section 7.

7         Sections 7 and 8 are repealed and the following is substituted:

Inter-Departmental Planning Board

7         The Lieutenant Governor in Council may appoint an Inter-Departmental Planning Board.

Chairperson and vice-chairperson

8(1)      The Lieutenant Governor in Council shall designate one member of the Inter-Departmental Planning Board to act as chairperson and another member to act as vice-chairperson.

Rules of procedure

8(2)      The Inter-Departmental Planning Board may make rules to govern its procedure.

8         Section 9 is amended

(a) in the section heading and in the part preceding clause (a), by striking out "board" and substituting "Inter-Departmental Planning Board"; and

(b) in clause (d), by striking out "special planning area, district and municipal".

9         The centered heading "SPECIAL PLANNING AREAS" is added before section 10.

10(1)     Subsection 10(7) is amended

(a)  in the part preceding clause (a)

(i) by striking out "making a recommendation with respect to" and substituting "considering", and

(ii) by striking out "clause 5(d)" and substituting "clause (4)(f)"; and

(b) in clause (b), by striking out "submissions" and substituting "a representation".

10(2)     Subsection 10(8) is repealed and the following is substituted:

Notice of public hearing

10(8)     The minister shall give notice of the public hearing under subsection (7) by

(a) publishing a copy of the notice on two occasions at least six days apart in a newspaper or other publication with general circulation in the area of the proposed special planning area, during the period beginning 40 days before the hearing and ending seven days before the hearing, or where there is no newspaper or publication available, by posting a copy of the notice in each municipal office and at least two other public places in the area of the proposed special planning area at least 14 days before the hearing;

(b) sending a copy of the notice to every member of the Legislative Assembly and to each municipality and planning district within and adjacent to the proposed special planning area; and

(c) sending a copy of the notice to the Department of the Legislative Library.

Content of notice

10(8.1)   A notice under subsection (8) shall state

(a) the date, time and place of the hearing;

(b) that any person may make a representation regarding the proposed special planning area development plan;

(c) a description of the intent of the proposed special planning area development plan;

(d) the municipalities that would be affected by the proposed special planning area development plan; and

(e) the time and place that the proposed special planning area development plan may be inspected.

Notice of establishment of special planning area development plan

10(8.2)   After a special planning area development plan has been established, the minister shall give notice of it in accordance with section 31, with such modifications as the circumstances require.

10(3)     Subsection 10(10) is amended by adding "special planning area" before "development plan".

10(4)     Subsection 10(11) is amended

(a) in the part preceding clause (a), by adding "special planning area development" after "the intent of the"; and

(b) in clause (b), by striking out "district".

11        The centered heading "DISTRICT PLANNING" preceding section 11 is repealed and "PLANNING DISTRICTS" is substituted.

12        Section 11 is repealed.

13(1)     The section heading for subsection 12(1) is amended in by adding "planning" before "district".

13(2)     Clause 12(3)(b) is amended by striking out "public hearings to consider submissions from any person" and substituting "a public hearing to consider representations from persons".

13(3)     Subsection 12(4) is repealed and the following is substituted:

Notice of public hearing

12(4)     The Municipal Board shall give notice of the public hearing under subsection (3) by

(a) publishing a copy of the notice on two occasions at least six days apart in a newspaper or other publication with general circulation in the area of the proposed planning district, during the period beginning 40 days before the hearing and ending seven days before the hearing, or where there is no newspaper or publication available, by posting a copy of the notice in each municipal office and at least two other public places in the area of the proposed planning district at least 14 days before the hearing; and

(b) sending a copy of the notice to each municipality within and adjacent to the area affected by the application.

Content of notice

12(4.1)   A notice under subsection (4) shall state

(a) the date, time and place of the hearing;

(b) that any person may make a representation regarding the proposed planning district;

(c) a description of the purpose of the proposed planning district; and

(d) which municipalities would be included in or affected by the proposed planning district.

13(4)     Subsections 12(6) and (7) are repealed and the following is substituted:

L. G. in C. may establish planning districts and boards

12(6)     The Lieutenant Governor in Council may, after receiving a recommendation of The Municipal Board under subsection (5), establish

(a) one or more planning districts consisting of all or part of two or more municipalities; and

(b) a board for each planning district.

Area to be included in a planning district

12(6.1)   The area included in a planning district shall be described in the order of the Lieutenant Governor in Council establishing the district and, in so far as is practicable, shall comprise such lands as would constitute a logical, rational area for planning purposes based on, but not limited to, such considerations as topographic features, the extent of existing and probable urban development, the existence of important agricultural, resource, conservational, recreational, or other urban or rural concerns, the existence or desirability of uniform social and economic interests and values and the existence of planning concerns common to the municipalities or communities concerned, and such other factors as the Lieutenant Governor in Council may deem necessary to consider.

Public authority may be heard

12(7)     A public authority may authorize any person to appear before The Municipal Board in any hearing held under subsection (3), to make representations for and on behalf of that public authority.

13(5)     Subsection 12(8) is repealed.

14        Subsection 13(1) is amended

(a) in the section heading, by adding "planning" before "district"; and

(b) in clauses (d) and (e), by striking out "district board" and substituting "board".

15(1)     Subsection 15(1) is amended by striking out "the board of the district, and upon such notice to the included municipalities as he deems" and substituting "the board of a planning district, and upon such notice to the included municipalities as the Lieutenant Governor in Council considers".

15(2)     Subsection 15(2) is amended by adding "or" before "right of action".

15(3)     Subsection 15(3) is amended in the part preceding clause (a) by striking out "the board of a district" and substituting "a board".

15(4)     The following is added after subsection 15(4):

Planning district development plan to continue

15(5)     A planning district development plan continues to apply after dissolution of the planning district, with such modifications as the circumstances require, and the plan shall be deemed to be a municipal development plan by-law of the municipalities affected by it.

16(1)     Subsection 16(1) is amended by striking out "The board of a district" and substituting "A board".

16(2)     Subsection 16(2) is amended by adding "planning" before "district" wherever it occurs.

17(1)     Clause 17(1)(b) is amended by striking out "the board of the district" and substituting "the board".

17(2)     Subsections 17(2) and (3) are repealed and the following is substituted:

Term of office of board members

17(2)     The term of office of a board member designated under clause (1)(a) shall run concurrently with his or her term on council, unless the council nominates an alternate council member to take that board member's place on the board.

Alternate board member

17(3)     A council may nominate an alternate councillor as a board member, and the alternate board member may

(a) attend board meetings in place of the original board member; and

(b) exercise all the rights and privileges of the original board member at a board meeting.

18(1)     Subsections 18(1) to (6) are amended by striking out "district" wherever it occurs.

18(2)     Subsection 18(7) is amended

(a) by striking out "A district board" and substituting "A board"; and

(b) by adding "planning" after "beyond the boundaries of the".

19        Section 19 is amended by striking out "district" wherever it occurs.

20        Section 20 is amended by striking out "The board of a district" and substituting "A board".

21        Section 21 is amended in the part preceding clause (a) by striking out "district".

22(1)     Subsection 22(1) is repealed and the following is substituted:

Responsibilities of board

22(1)     A board is responsible for

(a) the preparation, adoption, administration and enforcement of a development plan and any amendments to the plan; and

(b) the administration and enforcement of

(i) the zoning by-law of a member municipality,

(ii) the building by-law of a member municipality, and

(iii) the by-law for minimum standards of maintenance and occupancy of buildings of a member municipality.

22(2)     Clause 22(2)(a) is amended by striking out "district" and "or basic planning statement".

22(3)     Subsection 22(3) is repealed and the following is substituted:

Development officer

22(3)     A board shall appoint a development officer who may do the following on behalf of member municipalities:

(a) subject to any conditions that the member council may impose, issue development permits, zoning memoranda, non-conforming certificates, and other similar documents;

(b) allow minor variations to the requirements of a zoning by-law as authorized under section 56.

22(4)     Subsection 22(4) is repealed and the following is substituted:

Hearing of objections by board

22(4)     Subject to subsection 45(7), the board shall hear an objection to a zoning by-law to which a member municipality has given second reading, other than an objection described in subsection 45(6).

22(5)     Subsection 22(5) is amended by striking out "the board of a district" and substituting "a board".

22(6)     The following is added after subsection 22(5):

Council as approving authority

22(6)     Where municipalities that are members of a planning district whose board acts as an approving authority amalgamate into a single municipality, the minister may, upon application of the council of the amalgamated municipality, authorize the council of the amalgamated municipality to act as an approving authority for the amalgamated municipality, subject to any conditions imposed by the minister.

23        Section 23 is repealed and the following is substituted:

Agreement for services and grants

23        The minister may enter into an agreement with a board to provide technical and administrative assistance or financial grants to a planning district.

24        Section 24 is repealed and the following is substituted:

Preparation of development plan

24(1)     After advising the minister of its proposal to adopt a development plan, and subject to this Act, a board or council may prepare and adopt a development plan for the planning district or municipality that is designed to

(a) achieve objectives stated in the plan; and

(b) promote the optimum economic, social, environmental and physical condition of the area.

Minister's orders re development plan

24(2)     After consultation with a board or council, the minister may issue a written order to the board or council to

(a) prepare and adopt a development plan for the planning district or municipality within two years after the date of the order, or such further time as the minister may allow; or

(b) amend an adopted development plan within the time specified in the order.

Failure to comply with order

24(3)     Where the board or council fails to comply with an order under subsection (2), the minister may prepare and adopt a development plan for the planning district or municipality.

Minister's orders re development plan for airport vicinity protection area

24(4)     Where the minister finds that the operation of an airport or a proposed airport may be adversely affected by the use of land, buildings, or development in a vicinity, the minister may, after consultation with a board or council, issue a written order to the board or council to

(a) within two years after the date of the order or such further time as the minister may allow, prepare and adopt a development plan for the planning district or municipality to comply with subsection 25(5); or

(b) within the time specified in the order, amend an adopted development plan to comply with subsection 25(5).

25(1)     Subsection 25(1) is amended

(a) in clause (a), by adding "planning" before "district"; and

(b) by adding "and" after clause (f).

25(2)     Subsection 25(2) is repealed and the following is substituted:

Advice and consultation

25(2)     In order to obtain participation by the residents of a planning district or municipality on issues affecting the development of the area, a board or council shall

(a) consult

(i) a qualified planning officer or consultant, and

(ii) any public authority affected by a development plan; and

(b) hold one or more public meetings and publish information on issues affecting the development of the area.

25(3)     Subsection 25(3) is amended by striking out ", including but not limited to," and substituting "which are appropriate for the district, municipality, or jurisdiction, and may include".

25(4)     Clause 25(4)(a) is amended by repealing the part preceding subclause (i) and substituting the following:

(a) statements of objectives and policies with respect to some or all of the following matters:

25(5)     Subclause 25(4)(a)(v) is amended by adding "or character" at the end of the subclause.

25(6)     Paragraph 25(4)(a)(vii)(I) is repealed and the following is substituted:

(I) preservation of buildings, structures, sites and areas of historical interest,

25(7)     Paragraph 25(4)(a)(viii)(A) is amended by adding "perma-frost areas," after "soil erosion areas,".

25(8)     Subclause 25(4)(a)(x) is repealed and the following is substituted:

(x) the co-ordination of programs of a board or council relating to the economic, social, and physical development of the district,

25(9)     Subclause 25(4)(a)(xii) is amended by striking out "guideline" and substituting "guidelines".

25(10)    Clause 25(4)(b) is amended by striking out "permitted densities of population" and substituting "permitted land use densities".

26        Sections 26 to 28 are repealed and the following is substituted:

Periodic review of development plan

26        A board or council shall review a development plan

(a) when directed to do so by the minister; and

(b) no later than five years after

(i) the date on which the plan came into effect, or

(ii)  the previous review.

ADOPTION OF A DEVELOPMENT PLAN

Plan adopted by by-law

27(1)     A board or council shall by by-law adopt a development plan.

Consultation with councils

27(2)     Before giving a development plan by-law first reading, a board shall consult with the councils of its member municipalities.

Public hearing

28(1)     A board or council shall, after the first and before the second reading of a development plan by-law, hold a public hearing to receive representations from any persons regarding the proposed development plan by-law.

Notice of public hearing

28(2)     The board or council shall give notice of the public hearing under subsection (1) by

(a) publishing a copy of the notice on two occasions at least six days apart in a newspaper or other publication with general circulation in the area of the proposed development plan, during the period beginning 40 days before the hearing and ending seven days before the hearing, or where there is no newspaper or publication available, by posting a copy of the notice in each municipal office and at least two other public places in the area of the proposed development plan at least 14 days before the hearing;

(b) at least 30 days before the hearing, sending a copy of the notice to

(i) the minister,

(ii) the municipalities within the district, and

(iii) the municipalities or districts adjacent to the district or municipality; and

(c) where a development plan is being amended to change the use or density of a specific property,

(i) sending a copy of the notice to the owner of the affected property, and the owners of property shown on the assessment roll as being within 100 metres of the affected property, at least 14 days before the hearing, or

(ii) where the affected property is not remote or inaccessible, posting a copy of the notice on the affected property in accordance with subsection (3).

Posting requirements

28(3)     Where a board or council gives notice by posting under subclause (2)(c)(ii), it shall post notices of at least 28 x 43 centimetres with the title "NOTICE OF PUBLIC HEARING" printed in large bold print, and the notices shall be

(a) posted outdoors for 14 days immediately preceding the date of hearing, in a conspicuous location, and there shall be at least one notice facing each street adjacent to the affected properties;

(b) kept in legible form by the board or council; and

(c) located close enough to the street or sidewalk so that the title is legible from the street or sidewalk.

Proof of posting of notice

28(4)     Evidence that a notice was posted on two occasions at least six days apart during the 14 day period referred to in clause (3)(a) is proof that the notice was posted for the entire 14 day period.

Content of notice

28(5)     A notice under this section shall

(a) state the date, time and place of the hearing;

(b) give a summary of the development plan by-law;

(c) state that any person may make a representation regarding the by-law;

(d) describe the area affected by the by-law;

(e) state the place and times that the by-law may be inspected or copied at the board or council office; and

(f) in the case of an alteration that changes the use or density of a specific property, contain a sketch map illustrating the location of the affected properties.

Development plan inspection

28(6)     The board or council shall

(a) provide for inspection a copy of the proposed development plan by-law, with all its attached maps and sketches, at the place and times listed in the notice under clause (5)(e); and

(b) for a reasonable fee, provide copies of the development plan by-law.

Action of board or council after public hearing

28(7)     After the public hearing, the board or council shall consider whether the development plan by-law requires alteration and

(a) where the development plan by-law does not require alteration or where the alteration does not, in the opinion of the board or council, change the intent of the development plan by-law, give second reading to the by-law;

(b) where the development plan by-law requires an alteration that, in the opinion of the board or council, changes the intent of the development plan by-law,

(i) alter the development plan by-law, and

(ii) hold a second public hearing under this section to consider representations on the proposed alteration; or

(c) pass a resolution not to proceed with the development plan by-law.

Notice of resolution not to proceed

28(8)     Where the board or council passes a resolution under clause (7)(c), a copy of the resolution shall be sent to the minister and all persons who made representations at the public hearing.

Adjournment of public hearing

28(9)     The board or council may adjourn the public hearing to a fixed date.

Representations limited to alterations

28(10)     Where a second public hearing is held on an alteration to a by-law under subclause (7)(b)(ii), the board or council shall hear representations on the alteration only.

Public authority may be heard

28(11)    A public authority may authorize any person to appear before the board or council in a hearing held under this section to make representations for and on behalf of that public authority.

Record of hearing

28(12)    The board or council shall keep written minutes of a public hearing held under this section.

27        Section 29 is amended

(a) by striking out "or the basic planning statement"; and

(b) by striking out "the board of a district" and substituting "a board".

28        Sections 30 and 31 are repealed and the following is substituted:

Submission of plan to minister

30(1)     As soon as possible after second reading of a development plan by-law, the board or council shall submit to the minister

(a) two certified copies of the by-law; and

(b) a copy of all written representations filed at a public hearing under section 28.

Service re application to minister

30(2)     Immediately before forwarding a copy of the development plan by-law to the minister under subsection (1), the board or council shall serve personally, or by registered or certified mail, all persons who made representations at a public hearing under section 28 with a notice stating that

(a) second reading was given to the development plan by-law; and

(b) any person who made a representation at the public hearing may file an objection with the minister on or before a date specified in the notice, which shall be at least 14 days after the notice is served.

Notice where written representation is filed

30(3)     Where a written representation is filed at a public hearing on behalf of more than one person, service under subsection (2) to all persons on whose behalf the representation is made is deemed to have been made where service is effected on one of those persons.

Minister's options on consideration of by-law

30(4)     After consideration of a by-law submitted under subsection (1), the minister may,

(a) after consultation with Executive Council, approve a development plan by-law which in the minister's opinion requires

(i) no alteration, or

(ii) an alteration that is not substantive and does not change the intent of the by-law; or

(b) refer the by-law to The Municipal Board where the minister

(i) has received objections to the by-law filed under clause (2)(b); which, in the minister's opinion, require consideration by The Municipal Board, or

(ii) is of the opinion that the by-law requires a substantive alteration which changes the intent of the by-law.

Reference to board or council with approval

30(5)     Where the minister approves a by-law under clause (4)(a), the minister shall refer the by-law back to the board or council.

Board or council may proceed with by-law

30(6)     Where the minister refers a by-law back to a board or council under subsection (5), the board or council shall, if it wishes to proceed further with the by-law, make any alteration required by the minister and give third reading to the by-law.

Municipal Board hearing

30(7)     Where the minister refers a by-law to The Municipal Board under clause (4)(b), The Municipal Board shall hold a public hearing to consider the by-law and the representations made by or on behalf of any person regarding the by-law.

Notice of hearing

30(8)     The Municipal Board shall give notice of the public hearing under subsection (7) by

(a) publishing a copy of the notice on two occasions at least six days apart in a newspaper or other publication with general circulation in the area of the proposed development plan, during the period beginning 40 days before the hearing and ending seven days before the hearing, or where there is no newspaper or publication available, by posting a copy of the notice in each municipal office and at least two other public places in the area affected by the development plan by-law at least 14 days before the hearing; and

(b) sending a copy of the notice to

(i) the minister,

(ii) any person whose objections to the by-law require consideration under subclause (4)(b)(i),

(iii) the board or council,

(iv) in the case of an alteration that changes the use or density of a specific property, the owners of the affected property, and the owners of each property located within 100 metres of the affected property, and

(v) any other person that The Municipal Board deems should receive notice.

Content of notice

30(9)     A notice under subsection (8) shall include

(a) the date, time and place of the hearing;

(b) a description of the by-law and the proposed alterations;

(c) that any person may make a representation regarding the proposed alterations to the development plan by-law;

(d)  a list of the municipalities that would be included or affected by the development plan by-law; and

(e) where the use or density of a specific property is to be changed, a sketch map illustrating the location of the affected property.

Representations limited for hearings on alterations

30(10)    Subsection 28(10) applies, with such modifications as the circumstances require to a Municipal Board hearing on an alteration to a by-law.

Public authority may be heard

30(11)    A public authority may authorize any person to appear before The Municipal Board in a hearing held under this section to make representations for and on behalf of that public authority.

Municipal Board shall report to minister

30(12)    After completion of the hearing, The Municipal Board shall submit a report of its recommendations regarding the by-law to the minister.

Minister's actions on receipt of report

30(13)    After receipt and consideration of The Municipal Board's report, the minister may, after consultation with Executive Council,

(a) approve the development plan by-law with no alterations and forward it to the board or council;

(b) approve the by-law subject to required alterations and forward it to the board or council; or

(c) reject the by-law.

Third reading or resolution not to proceed

30(14)    Upon receipt of a development plan by-law under clause (13)(a) or (b), the board or council shall

(a) make the required alterations and give third reading to the by-law; or

(b) pass a resolution not to proceed further with the by-law, and send a copy of the resolution to the minister and any person who made a representation to The Municipal Board at the hearing under subsection (7).

Effective date of by-law

30(15)    On the date of third reading under this section, the development plan by-law is effective and all previously existing development plans affecting the planning district or the municipality are revoked.

By-law not subject to appeal

30(16)    A development plan by-law enacted under this section is final and binding on all persons and not subject to any appeal.

Notice of development plan by-law approval

31        Immediately after third reading of a development plan by-law, the board or council shall

(a) send a certified copy of the by-law to the minister; and

(b) publish a notice in a newspaper or other publication having general circulation in the area affected by the development plan by-law stating that the by-law has been approved and showing the place where it may be inspected, or, where there is no newspaper or other publication having general circulation in the area, post a copy of the notice in each municipal office and in two other public places in the affected area.

29(1)     Subsection 32(1) is amended by striking out "the board of a district or the council of a municipality" and substituting "a board or council".

29(2)     Subsection 32(2) is amended in the part preceding clause (a) by adding "to which the development plan applies" after "of a municipality".

29(3)     Subsection 32(3) is repealed and the following is substituted:

Existing zoning to conform to plan

32(3)     Notwithstanding subsection (2), where a zoning by-law for the municipality is in effect when a development plan by-law is adopted, the council shall amend its zoning by-law within the time required under subsection (2) to bring it into conformity with the development plan.

30        Section 33 is repealed and the following is substituted:

Amendment of development plan

33        A board or council may amend an adopted development plan in accordance with the requirements of sections 27 to 32, with such modifications as the circumstances require.

31        The following is added after section 33:

Land use policies do not apply

33.1      Provincial land use policies do not apply to lands subject to an adopted development plan.

32        Sections 35 to 37 are repealed.

33        Sections 38 to 59 are repealed and the following is substituted:

PART V

LAND USE CONTROL

General prohibition on development

38        No development shall take place unless

(a) the development conforms with an adopted zoning by-law and this Act;

(b) the development generally conforms with an adopted development plan; and

(c) a development permit has been issued for the development by

(i) a board, where the land is within a planning district, or

(ii) a council.

ZONING BY-LAWS

Zoning by-law

39(1)     The council of a municipality may enact a zoning by-law which generally conforms to a development plan adopted for the area.

Contents of zoning by-law

39(2)     A zoning by-law shall be in a form prescribed by the minister and shall

(a) include a map or maps dividing the municipality into zones;

(b) prescribe for each zone

(i) the permitted uses of lands, buildings and structures, and

(ii) where conditional uses exist for the zone, the conditional uses;

(c) provide for the issuing of development permits and procedures for application and processing of development permits;

(d) subject to subsection 22(3), prescribe the duties of the development officer and provide for the delegation of authority

(i) to issue development permits, non-conforming certificates, zoning memoranda, and other like documents, subject to such conditions and restrictions as the council may impose, and

(ii) to allow any minor variations to the requirements of the by-law as authorized under section 56; and

(e) provide for the procedure to be followed by the owner of land, or a person acting under his or her authority who wishes to obtain an amendment to the by-law.

General development standards

40(1)     In a zoning by-law, the council of a municipality shall prescribe general development standards for each zone having regard to any permitted or conditional use for the zone, and in prescribing those standards council shall have due regard to

(a) the character of the zone;

(b) the nature of the existing or proposed uses of land and buildings in the zone; and

(c) the suitability of the zone for particular uses in relation to what are, in the opinion of the council, the most appropriate uses of land within the municipality.

Development standard provisions

40(2)     Without limiting the generality of subsection (1), a zoning by-law may contain provisions prohibiting or regulating

(a) the use of land, except for such uses set out in the by-law;

(b) the construction, placement, location or use of buildings or structures except for such uses as may be set out in the by-law;

(c) the establishment of sand and gravel pits or quarries;

(d) the excavation or filling in of land or the removal or movement of soil or other material from land;

(e) the cutting and removal of trees or vegetation;

(f) the dimensions and area of lots or parcels of land that may be used in any locality for particular uses of lands or buildings;

(g) for any locality, the number of buildings, and the maximum and minimum floor area of each building, that may be constructed, located or placed on any parcel of land of such area as is specified in the by-law;

(h) the location, size and number of access points to a parcel from adjoining highways or streets, but allowing at least one point of access to the parcel from an adjoining highway or street;

(i) the location, height, dimensions, and cubic contents of any building or structure to be erected, constructed, reconstructed, altered, moved or repaired;

(j) the amount of land that, in any locality, may be covered by buildings or structures and the size of yards, lawns, courts, or other open spaces adjacent or appurtenant to any building;

(k) the minimum distance that must exist between any window in any building and any other building or structure, in order to ensure adequate air and light and fire protection;

(l) the obligation of the owner, lessee, or other occupant of buildings, or other structures erected, placed, or used for a permissible purpose after the enactment of the by-law, to provide and maintain, on property owned and occupied by him or her, any loading or parking facilities appurtenant to any such building or structure that are deemed by the council to be necessary;

(m) public outdoor signs or displays, including their form, type, size, description, or contents, and the manner of their display;

(n) the altering of land levels where it may affect drainage;

(o) the placement, height and maintenance of fences, walls, walks, hedges, shrubs and trees and other objects;

(p) the outdoor storage of goods, machinery, vehicles, building materials, waste materials and other items, and the screening and fencing of outdoor storage and parking areas;

(q) the permissible densities of population, which may be expressed on the basis of the number of dwelling units per unit of area;

(r) the outdoor lighting of any building or land;

(s) waste storage and collection areas, and facilities and enclosures for storage of water;

(t) the placement and maintenance of walls, fences, hedges, trees and shrubs and other objects to provide a buffer between lands for different purposes;

(u) the hours of any use of land or buildings;

(v) the sequence of development, including commencement and completion;

(w) standards for a Planned Unit Development District;

(x) standards and provisions for establishing Municipal Heritage Conservation Zones which may include one or more of the following:

(i) the application for, and the issuance and cancellation of, permits or certificates for the construction, demolition, or alteration of a building or part of a building within a Municipal Heritage Conservation Zone,

(ii)  the construction, demolition, or alteration of a building or part of a building within a Municipal Heritage Conservation Zone,

(iii) the exterior design, appearance or surface materials of an existing building or structure that may be reconstructed, moved, repaired or altered;

(iv) the placement of utility poles and wires.

Special provisions for unsuitable lands

40(3)     A zoning by-law may contain special provisions prohibiting or regulating the erection, construction, location or placement of a building or structure

(a) within a specified distance of any natural or artificial lake, river, watercourse or body of water;

(b) on land that is subject to flooding, erosion or subsidence or is low lying, marshy, unstable or subject to perma-frost, or is otherwise unsuitable or hazardous for a proposed use because of its soil characteristics, instability, inadequate drainage, topography or slope.

Zoning by-law for airport vicinity protection area

40(4)     In addition to matters described in subsections (1), (2) and (3), a zoning by-law with respect to an airport vicinity protection area shall, in conformity with the regulations, if any, made under clause 6(2)(d), control or prohibit the use of land and buildings and any development in the airport vicinity protection area or any part of it to ensure that the use of land or buildings and development are compatible with the operations of the airport or proposed airport.

Power to prohibit or regulate includes power to permit

40(5)     The power to prohibit or regulate provided in subsections (2) and (3) includes the power to permit any matter referred to in those subsections.

Council's duty re development standards

41        When establishing and adopting development standards, the council shall ensure

(a) for a zoning by-law, that the development standards in the by-law conform with the development plan; and

(b) for an airport vicinity protection area, that the development standards in the by-law are consistent with the development plan and comply with subsection 40(4).

First reading and public hearing of zoning by-law

42(1)     Council shall give notice of its intention to enact a zoning by-law by

(a) giving first reading to the by-law; and

(b) holding a public hearing to receive representations from any persons regarding the zoning by-law.

Notice of public hearing

42(2)     Council shall give notice of a public hearing under subsection (1) by

(a) publishing a copy of the notice on two occasions at least six days apart in a newspaper or other publication with general circulation in the municipality during the period beginning 40 days before the hearing and ending seven days before the hearing, or where there is no newspaper or publication available, by posting a copy of the notice in the municipal office and at least two other public places in the municipality at least 14 days before the hearing;

(b) at least 30 days before the hearing, sending a copy of the notice to

(i) the minister,

(ii) any adjacent municipalities or planning districts,

(iii) if the municipality is within a planning district, the planning district and the other municipalities in the planning district, if any; and

(c) where the zoning by-law is being amended to change the use or density of a specific property,

(i) sending a copy of the notice to the owner of the affected property, and the owners of property shown on the assessment roll as being located within 100 metres of the affected property, at least 14 days before the hearing, or

(ii) where the affected property is not remote or inaccessible, posting a copy of the notice on the affected property in accordance with subsection (3).

Requirements for posting notices

42(3)     Where council gives notice of the public hearing by posting, it shall post notices of at least 28 x 43 centimetres with the title "NOTICE OF PUBLIC HEARING" printed in large bold print, and the notices shall be

(a) posted outdoors for 14 days immediately preceding the date of hearing, in a conspicuous location, and there shall be at least one notice facing each street adjacent to the affected properties;

(b) kept in legible form by the council; and

(c) located close enough to the street or sidewalk so that "NOTICE OF PUBLIC HEARING" is legible from the street or sidewalk.

Proof of posting of notice

42(4)     Evidence that a notice was posted on two occasions at least six days apart during the 14 day period referred to in clause (3)(a) is proof that the notice was posted for the entire 14 day period.

Content of notice

42(5)     A notice under subsection (2) shall

(a) state the date, time and place of the hearing;

(b) state a summary of the zoning by-law;

(c) state that any person may make a representation regarding the by-law;

(d) state the place and times that the by-law may be inspected or copied at the municipal office;

(e) in the case of an amendment that changes the use or density of a specific property, contain a sketch map illustrating, by named streets or other identifying boundaries, the general area within which the affected property is located; and

(f) where the by-law is of general application and does not change the use or density of specific properties, describe the area affected by reference to zones or to the municipality as a whole.

Zoning by-law inspection

42(6)     The council shall

(a) provide for inspection a copy of the proposed zoning by-law, with all its attached maps and sketches, at the place and time stated in the notice under clause (5)(d); and

(b) for a reasonable fee, provide copies of the proposed zoning by-law.

Public authority may be heard

42(7)     A public authority may authorize any person to appear before council in any hearing held under subsection (1), to make representations for and on behalf of that public authority.

Alteration of by-law, etc.

42(8)     Subject to subsection (9), where after a public hearing council proposes to alter the by-law, council shall not pass the by-law until the alteration has been advertised and made available for inspection, and a second public hearing has been held in accordance with this section.

No inspection or hearing necessary for minor alteration

42(9)     Council may dispense with the requirements of subsection (8) where, in the opinion of council, the proposed alteration to a by-law does not change the intent of the by-law.

Adjournment of public hearing

42(10)    Council may adjourn a public hearing under subsection (1) to a fixed date.

Representations limited to alterations

42(11)    Where a second public hearing is held on an alteration to a by-law under this section, council shall hear representations on the alteration only.

Record of hearing

42(12)    Council shall keep written minutes of a public hearing under this section.

Action of council after public hearings

43(1)     After the completion of public hearings under section 42, council shall

(a) where there is no objection to the by-law, give it second and third readings and send

(i) a copy of the by-law to the minister, and the board where applicable, and

(ii) a notice stating that the by-law has been adopted to all persons who made representations at a public hearing under this section;

(b) where there is an objection to the by-law, give it second reading and serve personally or by registered or certified mail, a notice on any person who objected to the by-law or an alteration to the by-law, stating that he or she may make an objection to the by-law or the alteration, within 14 days after the date of service by

(i) filing a second objection to the by-law with The Municipal Board or the board, if applicable, and

(ii) sending a copy of the second objection to the council; or

(c) pass a resolution not to proceed with the by-law and send a copy of the resolution to

(i) the minister,

(ii) the board, where applicable, and

(iii) any person who made a representation at a public hearing under this section.

Notice where written representation is filed

43(2)     Where a written representation is filed at a public hearing under this section on behalf of more than one person, notice under clause (1)(b) to all persons on whose behalf the representation is made is deemed to have been made where a notice is served on one of those persons.

Action where no second objections received

43(3)     Where council receives no copy of a second objection filed under clause (1)(b), the council may give third reading to the by-law, and if third reading is given, shall

(a) send a copy of the by-law to the minister and a board where applicable; and

(b) send to each person who made or filed an objection to the by-law, a notice stating that the council has adopted the by-law.

Action where second objections received

44        Where council receives a copy of a second objection made under clause 43(1)(b), council shall not give third reading to the by-law unless

(a) The Municipal Board or the board, confirms those parts of the by-law to which objection was made; or

(b) the by-law complies with the decision of The Municipal Board or the board under subsection 45(3) or (4).

Hearing by Municipal Board or board

45(1)     On receipt of a second objection under clause 43(1)(b), The Municipal Board or the board shall

(a) fix a date, time and place for the hearing of the objection;

(b) give not less than 14 days notice of the hearing in writing, to the person objecting, to the municipality, and to any other person whom it deems should receive notice; and

(c) on the date, and at the time and place, stated in the notice, sit and hear the representations of any person given on his or her own behalf or on behalf of another.

Public authority may be heard

45(2)     A public authority may authorize any person to appear before The Municipal Board or board in a hearing held under subsection (1), to make representations for and on behalf of that public authority.

Disposition of objection

45(3)     Within 30 days after the conclusion of a hearing under this section, The Municipal Board or the board shall

(a) make an order confirming or refusing to confirm any part of the by-law to which objection was made;

(b) make an order that council alter the by-law in such manner and subject to such terms and conditions as it may prescribe; and

(c) send a copy of the order to

(i) the minister,

(ii) the board, if applicable,

(iii) those persons who made representations at the hearing, and

(iv) council.

Procedures on alteration

45(4)     This section and sections 42 to 44 apply to an alteration pursuant to an order under clause (3)(b), unless The Municipal Board or the board in its order authorized council to make the alteration at third reading, either without notice or with such notice as may be stipulated in the order.

By-law to conform to order of board

45(5)     Where The Municipal Board or the board makes an order under subsection (3), council shall not give third reading to the by-law unless it conforms to the order of the board and if third reading is given, the board shall send

(a) a copy of the by-law to the minister; and

(b) a notice of third reading to the by-law to all persons who were given notice under clause 43(1)(b).

Objection heard by Municipal Board

45(6)     The Municipal Board shall hear an objection with respect to a zoning by-law under clause 43(1)(b) filed by

(a) the board or the council of an adjoining municipality, if the objection is in respect of an area other than an airport vicinity protection area; and

(b) the board or the council of an adjoining municipality or the government of Canada or the government of Manitoba, if the objection is in respect of an airport vicinity protection area.

Transfer of objections to Municipal Board

45(7)     Where an objection is filed with The Municipal Board under clause 43(1)(b) by

(a) a board or the council of an adjoining municipality in respect of an area other than an airport vicinity protection area; or

(b) a board, the council of an adjoining municipality, the government of Canada or the government of Manitoba in respect of an airport vicinity protection area;

all objections filed with a board under clause 43(1)(b) shall be transferred by the board to The Municipal Board for hearing in accordance with the provisions of this section; and, upon receiving an objection, The Municipal Board shall forthwith notify the board, if any, that any objection filed with the board is to be transferred in accordance with this subsection.

Order not subject to appeal

45(8)     The order of The Municipal Board or a board under this section is final and binding on all persons and is not subject to any appeal.

Agreement with municipality

46(1)     Where an application is made for an amendment to a zoning by-law, council may require the owner or the person entitled to be registered as owner of the land, building or structure to which the amendment will apply, as a condition to its enactment, to enter into a development agreement with the municipality in respect of that land as well as contiguous land owned or leased by the applicant dealing with any one or more of the following matters:

(a) the use of the land and any existing or proposed building or structure;

(b) the timing of construction of any proposed building or structure;

(c) the siting and design including exterior materials of any proposed building or structure;

(d) traffic control and the provision of parking;

(e) landscaping, the provision of open space and the grading of the land;

(f) the construction by or at the expense of the owner or applicant, in whole or in part, of roads, sidewalks, fencing, landscaping, and street lighting and of works, plants, pipelines or facilities for storm drainage, water supply and distribution, and the collection and disposal of sewage, or any one or more of them;

(g) the payment of a sum of money to the municipality in lieu of the requirement under clause (f) to be used by the municipality for any of the purposes referred to in that clause;

(h) the dedication of land or payment of money in lieu thereof, where the application is for a zoning classification to permit a residential use, use for a mobile home park or an increase in residential density, in which case clauses 70(f) and (g) shall apply to the dedication.

Effect of registering agreement

46(2)     An agreement referred to in subsection (1) may provide that it runs with the land, and when a caveat with a copy of the agreement attached thereto, is filed in the appropriate land titles office, the agreement shall, without special mention thereof in the agreement, be deemed to bind the owner of the land affected thereby, and the owner's heirs, executors, administrators, successors and assigns.

Execution of agreement before amendment of by-law

46(3)     Council may authorize the execution of the development agreement before the adoption of any amendment to the zoning by-law, but the development agreement is not binding on the parties thereto until the final adoption of the amendment to the zoning by-law.

Quashing of by-law

47(1)     After a zoning by-law has been given third reading it shall conclusively be deemed to have been within the power of the municipality to enact; and any proceeding to quash the by-law shall be taken in accordance with the provisions of The Municipal Act.

Amending a zoning by-law

47(2)     A zoning by-law may be amended by council in accordance with sections 40 to 47, with such modifications as the circumstances require.

Zoning memorandum may be issued

47(3)     Upon the application of any person having an interest in land, land use, a building or structure within the area affected by a zoning by-law, the municipality or the planning district shall issue a zoning memorandum to the person stating whether or not the land use, building or structure appears to conform with the zoning by-law.

NON-CONFORMITIES

Continuance of lawfully existing non-conformities

48(1)     Subject to the provisions of this Act, the enactment of a zoning by-law does not affect any land, building or structure, or any use or intensity of use of land, buildings or structures that were lawfully in existence before the coming into force of the by-law.

Structure or parcel deemed to be existing

48(2)     In addition to a building or structure that is completed or a parcel of land registered in the land titles office, a building, structure or parcel shall be deemed to be in existence at the date of the enactment of a zoning by-law if, on that date

(a) in the case of a building or structure

(i) it was lawfully under construction, or

(ii) the permit for its construction was in force and effect; and

(b) in the case of a parcel, a conditional approval for subdivision had been issued by the approving authority in accordance with subsection 64(2);

and the construction or registration in the land titles office is commenced within the allowable period for the commencement of construction or registration given in the permit under subclause (a)(ii) or the approval under clause (b).

Certificate may be issued

48(3)     A certificate may be issued by council or a board upon the application of any person having an interest therein, describing the land, building or structure, or the use or intensity of use of land or a building or structure that was lawfully in existence at the date of the enactment of a zoning by-law, and stating that it may continue to exist although it does not conform to the zoning by-law.

Certificate as evidence

48(4)     The certificate referred to in subsection (3), is conclusive evidence of the facts stated in the certificate.

Cancellation of permit

49(1)     Notwithstanding subclause 48(2)(a)(ii), a permit issued for the construction of a building or structure may be cancelled, if at the time of the enactment of a zoning by-law, construction of the building or other structure has not commenced and the building or other structure, if constructed, would not conform to the by-law.

Payment of certain expenses where permit cancelled

49(2)     Where a permit is cancelled under subsection (1), the municipality or district shall pay to the person on whose behalf the permit was obtained, such reasonable expenses incurred in the preparation of plans for the building or structure and the promotion of the development as may be agreed upon by the municipality or district and that person.

Where parties fail to agree on amount

49(3)     Where the parties are unable to agree upon the amount to be paid under subsection (2), the person on whose behalf the permit was obtained may require that the municipality or district submit the matter forthwith to arbitration by serving a written notice to that effect upon the municipality or district.

Arbitration

49(4)     The arbitration shall be by a single arbitrator appointed by the parties, or by the minister if they are unable to agree, and the provisions of The Arbitration Act apply, with such modifications as the circumstances require.

Structural alteration prohibited

50(1)     Notwithstanding section 48, and except as allowed under subsection (4), or permitted by the by-law, no structural alteration except as required by law shall be made to a building or other structure during the period that

(a) a non-conforming use of the building or structure is continued; or

(b) the building or structure does not conform to the zoning by-law.

Increase in intensity or non-conforming use

50(2)     Where the existing use of a building, structure or land does not conform to a zoning by-law, that use may not be intensified or changed to another non-conforming use.

Non-conforming parcels

50(3)     Where a parcel of land is smaller in area than the size required by the zoning by-law in which the parcel is located, the owner of the land may

(a) use the land for any use permitted under the by-law; or

(b) where all other requirements of the by-law such as yards, building height, and floor area are met, construct or alter a structure on the land.

Alteration to non-conforming structure allowed

50(4)     Notwithstanding subsection (1), and subject to the zoning by-law, an owner may structurally alter, add to or reduce the size of a building or other structure which is non-conforming because of its size or location in relation to lot lines, and not because of its use, where the alteration

(a) does not otherwise conflict with the zoning by-law; and

(b) does not increase the degree of non-conformity.

Where non-conforming structure damaged

50(5)     Except where a zoning by-law otherwise permits, where a building or structure that does not conform to the provisions of a zoning by-law is destroyed or damaged to an extent that, in the opinion of council, is 50% or more of the replacement value of the building or structure above its foundation, the building or structure shall not be repaired or rebuilt except in conformity with the provisions of the by-law.

Discontinuance of non-conforming use

51(1)     Where the non-conforming use of land or a building or structure has been discontinued for more than 12 consecutive months, it shall not thereafter be used except in conformity with the zoning by-law.

Change in tenants not deemed to affect use

51(2)     A change of tenants or occupants of any land, building or structure shall not of itself be deemed to affect the use of the land, building or structure for the purposes of this section.

Non-conformity may be altered by variation

51(3)     Upon application of the owner and subject to sections 55 and 56, council may, in its discretion, allow by variation order

(a) the structural alteration of a building containing a non-conforming use;

(b) the structural alteration of a non-conforming building or structure beyond that permitted under subsection 50(4);

(c) the increase in size or intensity of use of an existing non-conforming use;

(d) the rebuilding of a structure that has been more than 50% destroyed as referred to in subsection 50(5); or

(e) the extension of the 12 month time limit under subsection (1) for a period not exceeding 12 additional months.

Council may acquire non-conforming building or land

52        A municipality may, by expropriation, lease, exchange or purchase, acquire any land, building or structure that does not conform to a zoning by-law and may dispose of the land, building, or structure, in any manner that it considers advisable.

CONDITIONAL USES

Application for conditional use

53(1)     Where a zoning by-law provides for a conditional use, an application for approval of a conditional use shall be made to council by the owner of the land, building or structure or by a person authorized in writing by the owner and shall be in such form and accompanied by such material and payment of such fee as the council deems advisable.

Hearing re conditional use by council

53(2)     On receipt of an application for conditional use, council shall

(a) fix a hearing date for the application which shall be no later than 40 days after the date the application was filed;

(b) at least 14 days before the date of hearing,

(i) send a notice of the hearing to the applicant, and

(ii) post a notice of hearing in the municipal office and at least two other public places; and

(c) at least 14 days before the date of hearing, send a notice of hearing to owners of property shown on the assessment roll as being within 100 metres of the property in respect of which the application is being made or, where the affected property is not remote or inaccessible, post a copy of the notice on the affected property in accordance with subsection (3).

Posting requirements

53(3)     Where a council gives notice by posting under clause (2)(c), it shall post notices of at least 28 x 43 centimetres with the title "NOTICE OF PUBLIC HEARING" printed in large bold print, and the notices shall be

(a) posted outdoors for 14 days immediately preceding the date of hearing, in a conspicuous location, and there shall be at least one notice facing each street adjacent to the affected properties;

(b) kept in legible form by council; and

(c) located close enough to the street or sidewalk so that the title is legible from the street or sidewalk.

Proof of posting of notice

53(4)     Evidence that a notice was posted on two occasions at least six days apart during the 14 day period referred to in clause (3)(a) is proof that the notice was posted for the entire 14 day period.

Hearing

53(5)     On the date, time and place stated in the notice, council shall hold a hearing to receive representations of the applicant and any other person who desires to make representations either on his or her own behalf or on behalf of another.

Adjournment of public hearing

53(6)     Council may adjourn a public hearing under this section to a fixed date.

Decision of council

53(7)     On completion of the hearing and consideration of the matter, council shall

(a) reject the application; or

(b) approve the application if the facts presented are such as to establish

(i) that the proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighbourhood, the community and the general environment, and

(ii) that such use or feature as proposed will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity, or injurious to property, improvements, or potential development in the vicinity, with respect to aspects including but not limited to

(A) the nature of the proposed site, including its size and shape, and the proposed size, shape, and arrangement of structures,

(B) the accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading,

(C) the safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust, and odour, and

(D) treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs, and

(iii) that such use or feature as proposed will comply with the applicable provisions of the zoning by-law and the development plan.

Conditions of approval

53(8)     When approving a conditional use as provided herein, the council, may prescribe such additional conditions, beyond those specified in the zoning by-law and development plan, as are in its opinion necessary to secure the objectives of the zoning by-law and development plan, and the council may revoke the conditional use authorized for any violation of any conditions imposed by it.

Modification of conditions

53(9)     Authorization of a change in any condition previously imposed in the authorization of a conditional use is subject to the same procedures as for a new conditional use.

Record of hearing to be kept

53(10)    Council shall keep written minutes of a public hearing under this section.

Notification re decision

53(11)    Council shall cause a copy of its decision to be

(a) served upon the applicant personally or by registered or certified mail; and

(b) sent to each person who made a representation at the hearing.

Decision not subject to appeal

53(12)    The decision of council under subsection (7) is final and binding on the municipality and all persons and not subject to any appeal.

Expiry of approval

53(13)    The approval of council under clause (7)(b) shall expire and cease to have any effect if it is not acted upon within 12 months of the date of the decision, unless it is renewed before the expiry date at the discretion of council for an additional period not exceeding 12 months.

VARIATION ORDERS

Council may issue variation orders

54        Council may issue variation orders for the purpose of varying its zoning by-law in accordance with sections 55 and 56.

Application for variation order

55(1)     Any person who is of the opinion that a zoning by-law injuriously or adversely affects him or her, or his or her property or rights, may at any time apply to council of the municipality in which the property affected is located, in such form and accompanied by such supporting material and fee as council may require for an order varying or altering the application of the by-law in one or more of the ways authorized by subsection (3).

Conditions of variation order

55(2)     An order varying the application of a zoning by-law may be made only where the council is satisfied that

(a) the general environment, amenity and convenience of the community as a whole will not be adversely affected; and

(b) the general environment, amenity, convenience, character and value of adjoining properties will not be adversely affected.

Types of variation order

55(3)     Council may reject an application made under subsection (1) or it may vary the application of the zoning by-law in one or more of the following ways:

(a) by varying the height, site area, site width, site coverage, separation distances, floor area and cubic contents of a building, front yard, side yard, rear yard, and dwelling unit density requirements as they apply to an individual site;

(b) by permitting an existing building or use, which complies with the provisions of the zone in which it is located, to be extended into another zone, if

(i) the land into which the use or building is to extend is located adjacent to the existing building or use, and is not separated therefrom by a lane or public thoroughfare,

(ii) the land into which the use or building is to be extended is owned by the owner of the existing building at the time the zoning by-law in question came into force and effect,

(iii) the extension of the building or use encroaches no more than 20 metres into the adjacent zone, and

(iv) the minimum yard and height requirements of the adjacent zone are complied with;

(c) by varying automobile parking space or loading space requirements where, in the particular instance, the variation will not be inconsistent with the purpose and intent of those requirements;

(d) by permitting the waiver of the requirement that automobile parking space be provided on the same site as the building or use, if other suitable and convenient parking space is available;

(e) by permitting, in connection with an authorized use in a zone designated in a zoning by-law as an "Agricultural Zone" or as a "Rural Zone", such commercial or industrial uses as are purely incidental to such authorized use;

(f) by permitting in a zone designated in a zoning by-law as a "one family dwelling zone" or as a "single family dwelling zone" the conversion of a one family dwelling into a two family dwelling, if

(i)  council is satisfied that the conversion is necessary to maintain the dwelling in a reasonable manner for the remainder of its economic life,

(ii) the minimum dwelling unit area standards for a two family dwelling zone are maintained, and the minimum parking facilities are provided as required in such a zone,

(iii) the general design and the external appearance is maintained, and

(iv) when the useful life of the dwelling has terminated, or the dwelling is demolished or destroyed in part or completely, the site will revert to the zoning requirements of the zone in which it is located;

(g) by varying the requirements for walls, fences, hedges, trees, shrubs or other encroachments into yards as they apply to an individual site within a particular zone;

(h) by varying the requirements for all types of signs as they apply to an individual site within a particular zone;

(i) by permitting a proposed use of land, building or structure that is not listed as a permitted or conditional use in that zone, if in the opinion of council, it is readily identifiable as being similar to the uses of land, buildings or structures defined in general terms in the by-law for that particular zone,

(j) permitting variations of non-conformities as referred to in subsection 51(3).

Variation hearing to be held by council

55(4)     On receipt of an application for variation, council shall,

(a) fix a date for the hearing of the application which shall be not later than 40 days after the date of the filing of the application;

(b) at least 14 days before the date of hearing send a notice showing the time and place of the hearing to the applicant by registered or certified mail; and

(c) at least 14 days before the date of hearing, send a notice showing the time and place of the hearing to owners of property shown on the assessment roll as being located within 100 metres of the property in respect of which the application is being made, or, where the property is not remote or inaccessible, post a notice on the affected property in accordance with subsection (5).

Posting requirements

55(5)     Where a council gives notice by posting under clause (4)(c), it shall post notices of at least 28 x 43 centimetres with the title "NOTICE OF PUBLIC HEARING" printed in large bold print, and the notices shall be

(a) posted outdoors for 14 days immediately preceding the date of hearing, in a conspicuous location, and there shall be at least one notice facing each street adjacent to the affected properties;

(b) kept in legible form by council; and

(c) located close enough to the street or sidewalk so that the title is legible from the street or sidewalk.

Proof of posting of notice

55(6)     Evidence that a notice was posted on two occasions at least six days apart during the 14 day period referred to in clause (5)(a) is proof that the notice was posted for the entire 14 day period.

Public hearing

55(7)     On the date, time and place stated in the notice, council shall hold a public hearing to receive representations of the applicant and any other person who desires to make representations either on his or her own behalf or on behalf of another.

Variation order

55(8)     On completion of the hearing and consideration of the matter, council may by order,

(a) reject the application; or

(b) vary the application of the zoning by-law, subject to such conditions as council considers necessary or desirable to maintain the intent and purpose of the development plan or the zoning by-law.

Adjournment of public hearing

55(9)     Council may adjourn a public hearing under this section to a fixed date.

Record of hearing to be kept

55(10)    Council shall keep written minutes of a public hearing under this section.

Notification re order

55(11)    Council shall cause a copy of its order to be

(a) served upon the applicant personally or by registered or certified mail; and

(b) sent to any person who made a representation at the hearing.

Order not subject to appeal

55(12)    A variation order made by council under subsection (8) is final and binding on the municipality and all persons and is not subject to any appeal.

Expiry of order

55(13)    A variation order made under subsection (8) shall expire and cease to have any effect if it is not acted upon within 12 months from the date it was made, unless it is renewed before the expiry date at the discretion of council for an additional period not exceeding 12 months.

Council may revoke order

55(14)    Council may revoke a variation order made under subsection (8) or 51(3) for any violation by an owner or applicant.

Authority of development officer to grant minor variations

56(1)     The council of a municipality may, by by-law, authorize its development officer or the development officer of the planning district to, in his or her discretion, grant or refuse a minor variation, not to exceed 10%, of the requirements of a zoning by-law governing a front, side, rear or any other yard.

Application for minor variation

56(2)     Notwithstanding subsection 55(1), where council under subsection (1) has authorized a development officer to grant or refuse a minor variation of a zoning by-law, an application for the variation shall be made to the development officer, in such form together with such fee as the municipality's by-law may require.

Action to be taken by development officer

56(3)     On receipt of an application for a minor variation under subsection (2), the development officer may, by order,

(a) reject the application; or

(b) vary the application of the zoning by-law in accordance with the limits established by by-law of council.

Notice to applicant

56(4)     Where council authorizes a development officer to grant or refuse minor variations under subsection (1), the development officer shall immediately after granting or refusing a variation order personally serve or send by registered mail or certified mail to the applicant

(a) a copy of the minor variation order; or

(b) written notice of rejection of the application, and advice of the applicant's right to appeal under subsection (5).

Appeal of minor variation

56(5)     An applicant who is refused a minor variation by the development officer may appeal the decision to council, and subsections 55(4) to (14) apply with such modifications as the circumstances require.

INTERIM DEVELOPMENT CONTROL ORDERS

Interim development control order

57(1)     The minister may by order, published in the Manitoba Gazette, declare that a planning district, a municipality, or any part thereof, is an interim development control area.

Publication of notice

57(2)     The board or council shall publish a notice of an order made under subsection (1) in a newspaper having a general circulation in the area at least once a week for two successive weeks.

Development control

57(3)     Within an interim development control area, no development shall take place unless a development permit therefor has been obtained from

(a) the board, if the area is within a planning district; or

(b) in all other cases, the council.

Development permit

57(4)     The board or the council may in its discretion issue or refuse to issue a development permit or issue a development permit subject to specified terms and conditions, and in exercising its discretion the board or council shall have regard to the conformity of the proposed development to the proposed development plan.

Expiry of development permit

57(5)     If the development authorized by a development permit issued under this section is not commenced within 12 months from the date of its issue, the development permit ceases to be valid.

Duration of order

57(6)     An order made under subsection (1) shall cease to be in effect after a period of time specified therein or upon the enactment of a zoning by-law, whichever comes first.

Provision in order

57(7)     An order made under subsection (1) may provide that a development permit is not required for those types of development specified therein or that a development permit is required for only those types of development specified therein, and subsection (3) shall be construed accordingly.

DEVELOPMENT PERMITS

Development permit

58(1)     Every development permit shall be deemed to contain a condition that the development to be carried out under it shall conform in all respects to the terms, provisions and specifications of the application for the permit as finally approved, and shall be completed within a reasonable period of time.

Building permit

58(2)     A building permit is not valid unless a valid and subsisting development permit, where such permit is required, has been issued.

Withholding of permit

58(3)     Notwithstanding any other provision of this Act or the provisions of any building by-law, council or the board may cause a permit for the construction of any building or structure or the use of the land to be withheld for a period of 60 days from the date of the application for the permit.

Rejection of permit

58(4)     Within the period provided in subsection (3), council or the board shall consider the application for the permit and may reject the application if it is of the opinion that the proposed building, structure or use of land does not conform with the provisions of the development plan, zoning by-law or this Act.

Extension of period

58(5)     In addition to the period of 60 days referred to in subsection (3), the board or council may withhold the permit for a further 125 days if

(a) the board or council is of the opinion that the proposed building, structure or use of land would not conform to the provisions of a development plan that is not adopted but has been authorized by the board or council to be prepared for adoption under this Act at the time the application for the permit was made; or

(b) at the time application for the permit was made, the council had passed a resolution authorizing the preparation of a zoning by-law or a development plan by-law.

Refusal or granting of permit

58(6)     Where a development plan by-law or a zoning by-law is enacted within the periods referred to in subsections (3) and (5), the permit applied for may be refused, but where a development plan by-law is not enacted within those periods, the permit applied for shall not be further withheld, and the owner of the land in respect of which the permit was withheld pursuant to subsection (5) shall be entitled to compensation for the damages necessarily resulting from the withholding of that permit, and subsections 49(2), (3) and (4) apply, with such modifications as the circumstances require.

Dwelling units permitted on a parcel

59(1)     No person shall construct, locate or place or cause to be constructed, located or placed more than one dwelling unit or mobile home on a parcel.

Development officer not to issue permit

59(2)     A development officer shall not issue a development permit to a person for the construction, location or placing of more than one dwelling unit or mobile home on a parcel.

Exceptions to subsections (1) and (2)

59(3)     Subsections (1) and (2) do not apply where the second or any additional dwelling unit or mobile home

(a) is to be used in connection with or ancillary to a commercial, agricultural or industrial use; or

(b) is a mobile home forming part of a mobile home park approved by a municipality.

Existing zoning by-law to prevail

59(4)     Nothing in subsection (1), (2) or (3) prohibits the development of a parcel or the construction, location or placing of a dwelling unit on the parcel that is authorized by an existing zoning by-law.

34         Subsection 60(3) is amended

(a) in subclause(a)(v), by adding ", or more if contiguous," after "one parish lot";

(b) by repealing clause (b) and substituting the following:

(b) the instrument is a lease

(i) of land on which there is a multi-tenant structure, or

(ii) of premises within a multi-tenant structure;

(c) in clause (d), by striking out "10 years" and substituting "21 years"; and

(d) by striking out "or" after clause (f), by adding "or" after clause (g), and adding the following after clause (g):

(h) the parcel being subdivided

(i) consists of lands which were part of a government road allowance, public road, or public reserve which has been closed by by-law, and

(ii) is being consolidated with adjacent existing titles; or

(i) the parcel being subdivided

(i) consists of lands which are part of an abandoned railroad right-of-way, and

(ii) is being consolidated with adjacent existing titles.

35        Subsection 60(9) is amended by striking out "or planning scheme" in the section heading and the subsection.

36        Section 62 is amended by adding "and a planning report prepared by the approving authority " after "a copy of the application".

37(1)     Subsection 63(1) is amended

(a) in the section heading, by striking out "Resolution" and substituting "Decision"; and

(b) in the part preceding clause (a), by striking out "Where the council of a municipality" and subsisting "Where a council".

37(2)     Subsection 63(3) is repealed and the following is substituted:

Subdivision hearing to be held by council

63(3)     Where the land proposed to be subdivided is not subject to an existing development plan or zoning by-law, the council shall, before passing the resolution under subsection (1),

(a) fix a date for the hearing of the application, which shall be not later than 40 days after the receipt of the application and planning report from the approving authority;

(b) at least 14 days before the date of the hearing, send a notice of the hearing to

(i) the applicant,

(ii) the approving authority, and

(iii) the owners of property shown on the assessment roll as being located within 100 metres of the land in respect of which the application is being made; and

(c) at least 14 days before the hearing, post a notice of hearing in the municipal office and at least two other public places.

37(3)     Subsection 63(4) is amended by striking out "and" at the end of clause (a), by adding "and" at the end of clause (b), and by adding the following after clause (b):

(c)  a description of the land that is the subject of the application.

37(4)     Subsection 63(5) is repealed.

37(5)     The following is added after subsection 63(5):

Record of hearing to be kept

63(6)     The council shall keep written minutes of a public hearing under this section.

Subdivision application inspection

63(7)     The council shall

(a) provide for inspection a copy of the proposed application and plan of subdivision, with attached maps and sketches, and the planning report at the place and time listed in the notice under clause 63(4)(b); and

(b) for a reasonable fee, provide copies of the application and plan of subdivision and planning report.

38        The section heading for subsection 64(1) is repealed and "Approving authority rejects subdivision if council rejects" is substituted.

39        The section heading for subsection 64(2) is repealed and "Decision of approving authority" is substituted.

40        The section heading for subsection 64(3) is repealed and "Notice of decision" is substituted.

41        Subsection 64(5) is repealed and the following is substituted:

Re-application of same proposal

64(5)     Except with the prior permission of the approving authority, no subsequent application for approval of a proposed subdivision of land that provides for the same use of the land shall be made by the same applicant or any other person within six months after the date of the rejection of a subdivision of that land by

(a) the approving authority under clause (2)(b) where the applicant does not appeal under subsection 68(1); or

(b) order of The Municipal Board under clause 68(6)(b) where the applicant appeals under section 66 or subsection 68(1).

42        Subsection 67(1) is amended in the part following clause (b) by striking out "52(2)" and substituting "49(2)".

43        Subsection 68(2) is amended by striking out "and" after clause (b), by adding "and" at the end of clause (c), and by adding the following after clause (c):

(d) where the decision being appealed was made under clause 64(2)(a) or subsection 64(4), a description of the conditions being appealed.

44        Subsections 68(4) and (5) are repealed and the following is substituted:

Appeal hearing

68(4)     Where an appeal is commenced under subsection 68(1), the Municipal Board shall hold an appeal hearing.

Notice of hearing

68(4.1)   The Municipal Board shall give notice of the date, time and place of the appeal hearing under this section to the applicant, the minister, the approving authority, the council, the board, if applicable, and to any other person The Municipal Board considers appropriate.

Public authority may be heard

68(5)     A public authority may authorize any person to appear before The Municipal Board in a hearing held under this section to make representations for and on behalf of that public authority.

Appeal as new hearing

68(5.1)   An appeal hearing under this section shall be conducted as a new hearing.

45        Clause 68(7)(d) is repealed and the following is substituted:

(d) the board, if any;

46        The following is added after subsection 68(9):

Approving authority may close subdivision application

68(10)    Where an approving authority granted tentative approval of a subdivision before February 1, 1988 and the approval has not been acted upon, the approving authority may close the application for subdivision without notice to any person.

Effect of closed application

68(11)    An approving authority shall not re-open an application that has been closed under subsection(10), but a person may commence a new application under section 61.

47        Clause 69(a) is amended by striking out "basic planning statement, zoning by-law, planning scheme" and substituting "zoning by-law".

48        Section 70 is amended

(a) in clause (a), by striking out "subsections 89(1) and (2), any provincial land use policy, development plan, basic planning statement, zoning by-law, and planning scheme" and substituting "section 89, any provincial land use policy, development plan, and zoning by-law";

(b) in subclause (d)(ii), by striking out "or planning scheme";

(c) in subclause (f)(ii)

(i) by striking out "one acre for each 100 persons" and substituting "40 square metres for each person", and

(ii) by striking out "10 acres" and substituting "4 hectares";

(d) in subclause (f)(iii), by striking out "one acre for each 100 persons" and substituting "40 square metres for each person";

(e) in subclause (g)(i) by striking out "basic planning statement"; and

(f) in clause (i), by striking out "or planning scheme".

49(1)     Subsection 71(1) is amended by striking out "the council may" and substituting "council may".

49(2)      Clause 71(2)(b) is amended by striking out "subsection 52(4)" and substituting "subsection 49(4)".

50        The section heading for subsection 73(3) is amended by striking out "public reserves" and substituting "public reserve".

51        Subsection 73(5) is repealed and the following is substituted:

Notice and hearing of public reserve closing

73(5)     Where council proposes to close public reserve land, it shall give notice of its proposal and shall hold a hearing before second reading of the by-law.

Requirements for notice and hearing

73(5.1)   Section 42 applies to a hearing and a notice of hearing under this section with such modifications as the circumstances require.

Action after third reading

73(5.2)   Where council gives second and third reading to a public reserve closing by-law after a hearing under subsection (5), it shall forward to the minister a copy of

(a) any written representation made at the hearing regarding the by-law;

(b) written minutes of the hearing; and

(c) the by-law.

52(1)     Subsection 74(1) is repealed and the following is substituted:

By-laws establishing general levies

74(1)     A board or council may pass a by-law prescribing and regulating the fees and charges to be paid by an applicant for subdivision approval with respect to technical, administrative, professional, consultative or other services required by the municipality or the planning district in examining and approving an application for the subdivision of land, and such fees and charges shall be credited to and form part of the general funds of the municipality or planning district.

52(2)     Subsections 74(2) and (3) are amended by striking out "The council of a municipality" and substituting "A council".

53(1)     Subsection 75(1) is amended by striking out "The council of a municipality" and substituting "A council".

53(2)     Subsections 75(2) to (6) are repealed and the following is substituted:

Registration in land titles office

75(2)     Immediately after first reading of a by-law for the purpose of subsection (1), council shall register a certified copy of the proposed by-law in the proper land titles office, and after registration no person shall subdivide any parcel contained in a plan of subdivision to which the proposed by-law applies, unless approval has been given by the approving authority.

Notice of hearing

75(3)     Immediately after first reading of a by-law for the purpose of subsection (1), the council shall

(a) fix a date for a hearing on the by-law, which shall not be later than 40 days after the first reading of the by-law;

(b) at least 14 days before the hearing, send a notice of hearing to all owners of property appearing on the assessment roll of the municipality as the owner of land to which the by-law applies; and

(c) send a notice of hearing to the minister and the board, if any.

Content of notice

75(4)     A notice under subsection (3) shall

(a) state the date, time and place of the hearing;

(b) state that any person may make a representation regarding the proposed by-law;

(c) state the times that the by-law may be inspected or copied at the municipal office; and

(d) contain a sketch map illustrating the location of the area affected by the by-law.

By-law inspection and copying

75(5)     Council shall

(a) provide for inspection a copy of the proposed by-law, with all its attached maps and sketches, at the municipal office at the times stated in the notice under clause (4)(c); and

(b) for a reasonable fee, provide copies of the by-law.

Hearing

75(6)     On the date, time and place stated in the notice, council shall hold a hearing to receive representations.

53(3)     Subsection 75(7) is amended

(a)  in the part preceding clause (a), by striking out "meeting" and substituting "hearing"; and

(b) in clause (a), by striking out "subsection (2)" and substituting "subsection (3)".

53(4)     Subsection 75(8) is amended by striking out "subsection (4)" and substituting "subsection (2)".

53(5)     Subsection 75(9) is amended by striking out "subsection (4)" and substituting "subsection (2)".

54        Subsection 76(1) is amended by striking out "the council may apply" and substituting "council may apply".

55        Clauses 77(b) to (g) are repealed and the following is substituted:

(b) prescribing the procedure to be followed by applicants, a council, the approving authority, a board and other interested parties respecting an application for subdivision approval;

(c) prescribing the contents of the form of application for subdivision approval and, all maps and other documents which are required to be filed or submitted respecting such an application;

(d) prescribing the minimum fees to be paid to the approving authority or the province in processing an application for subdivision approval;

(e) prescribing procedures respecting the circulation of applications to any authority, agency, department, council or board;

(f) prescribing conditions and minimum standards for the design of a subdivision, and for streets, lanes, public reserves, school sites, lots, blocks and other units of land;

(g) prescribing the general criteria that the approving authority shall use in evaluating a subdivision proposal; and

(h) prescribing those provisions of the regulations which may be replaced by a municipal or district by-law, waived or varied where they are unreasonable or impractical.

56        Section 80 is amended

(a) by striking out "board of a district" and substituting "board"; and

(b) by striking out "the director".

57(1)     Clause 81(1)(c) is repealed and the following is substituted:

(c) any provision of a zoning by-law, development plan or any other by-law, regulation, resolution, agreement, or plan enacted or made by a council, a board, an approving authority, or the minister, pursuant to this Act or pursuant to powers delegated by the minister or a council under this Act;

57(2)     Subsection 81(2) is amended

(a) by striking out " a board of a district" and substituting "board"; and

(b) by striking out "the doing of the act that constitutes the offence" and substituting "the act or omission that constitutes an offence".

58        Section 82 is amended by striking out "council or of the board of a district" and substituting "council or a board, no".

59(1)     Subsection 84(2) is amended by striking out "district board" and substituting "board".

59(2)     Subsection 84(4) is amended by striking out "board of a district" and substituting "board".

60        Section 85 is repealed and the following is substituted:

Entry upon premises

85        The development officer or any other officer, employee or agent of an approving authority, board or council may, at all reasonable times and with the consent of the owner or occupier but subject to section 84, enter upon any land, building or premises within the jurisdiction of an approving authority, board or council for the purpose of implementing a by-law adopted under this Act or The Planning Act, S.M. 1964 (1st Sess.), or a provision of this Act, or The Planning Act, S.M. 1964 (1st Sess.).

61        Subsections 88(1) and (2) are repealed and the following is substituted:

Alteration of municipal boundaries etc.

88(1)     Where because of an alteration or extension of municipal boundaries, or because of the formation or dissolution of a municipality, or for any other reason, land that was situated within one municipality and subject to a development plan, or zoning by-law is thereafter situated in another municipality

(a) the development plan or zoning by-law of the first municipality with respect to that land shall prevail and remain in effect and be administered by the second municipality until the second municipality has amended its development plan or zoning by-law with respect to that land; or

(b) where the second municipality does not have a development plan or zoning by-law,

(i) the land is subject to the development plan or zoning by-law of the first municipality existing at the time when the land was added to the second municipality, or

(ii) the second municipality may amend the provisions of the development plan or zoning by-law of the first municipality affecting the land added to the second municipality.

Effect of existing by-law, etc. on annexed lands

88(2)     Where under circumstances mentioned in subsection (1) the land concerned was not subject to a development plan, or zoning by-law, that land is not subject to an existing development plan, or zoning by-law of the second municipality but shall be subject to a plan or by-law made or passed by the second municipality with respect to that land.

62        The following is added after subsection 88(3):

Lands formerly in additional zone

88(4)     Where land in all or part of a municipality in the area formerly known as the "additional zone" as defined by The City of Winnipeg Act, S.M. 1989-90, c. 10, any development plan, community plan, zoning by-law or similar by-law in force on the date when that land was removed from the additional zone, continues in force in respect of that land until the planning district or municipality amends, repeals or replaces the plan, by-law or order in accordance with subsections (5) and (6).

Plans formerly in effect in additional zone

88(5)     A community plan or action area plan that was adopted under The City of Winnipeg Act and which was in effect in all or part of a municipality at the date on which land was removed from the additional zone is considered the same as a development plan, and may be amended, repealed or replaced by the municipality or the district in accordance with section 33.

Terms of zoning by-law formerly in effect in additional zone

88(6)     The terms of a zoning by-law which was in effect in all or part of a municipality on the date that those lands were removed from the additional zone have, for the purposes of this Act, the same meaning as the meanings given to those terms under this Act.

Amendment of zoning by-law formerly in effect in additional zone

88(7)     A zoning by-law which was in effect in all or part of a municipality at the date on which those lands were removed from the additional zone may be amended, repealed or replaced by the municipality in accordance with sections 42 to 47.

63        Sections 89 and 90 are repealed and the following is substituted:

Definitions

89(1)     In this section, "planning scheme" means

(a) a statement of policy by the council of a municipality with respect to the use and development of land;

(b) the use, erection, construction, relocation and enlargement of buildings within a defined area; or

(c) an amending planning scheme, an initial planning scheme, or a partial planning scheme adopted or carried out under The Planning Act, S.M. 1964 (1st Sess.).

Planning schemes deemed zoning by-laws

89(2)     A planning scheme adopted by a council is deemed to be a zoning by-law for the purposes of this Act, and shall be used and amended in the same manner as a zoning by-law.

Provincial land use policies prevail over planning schemes

89(3)     Where a conflict exists between provincial land use policies and a planning scheme, the provincial land use policies prevail.

Development plan prevails over planning scheme

89(4)     Where a conflict exists between a development plan and a planning scheme, the development plan prevails.

Definition

89.1(1)   In this section, "basic planning statement" means a statement of objectives and policies for the development of an area adopted by a board or council under this Act.

Basic planning statements deemed development plans

89.1(2)   A basic planning statement adopted by a board or council is deemed to be a development plan for the purposes of this Act, and shall be used and amended in the same manner as a development plan.

Minor amendment to development plan

89.2      A board or council may at any time seek the minister's permission to amend an adopted development plan, and where in the minister's opinion the proposed amendment is of a minor nature and does not change the intent of the adopted development plan, the minister may, after consultation with Executive Council, grant the requested permission, and the board or council may amend the adopted development plan accordingly, without prior public notice, or a public meeting or hearing.

Minor amendment to zoning by-law

89.3       The council of a municipality may at any time seek the minister's permission to amend a zoning by-law, and where in the minister's opinion the proposed amendment is of a minor nature and does not change the intent of the zoning by-law, the minister may grant the requested permission, and the council may amend the zoning by-law accordingly, without prior public notice, or a public meeting or hearing.

Planning advisory committees

90(1)     A board or council may by by-law establish planning advisory committees as necessary to advise and assist in the formulation of planning matters, including the preparation, amendment or review of a development plan, zoning by-law, subdivision, variation, or conditional use application, or other matters as the board or council considers advisable.

Payment to members

90(2)     A planning district or municipality may pay the members of a planning advisory committee established under subsection (1) who are not members of a board or council such remuneration and out-of-pocket expenses as considered advisable by the board or council.

64        Clause 92(1)(a) is repealed and the following is substituted:

(a) the City of Winnipeg; and

65        Section 93 is repealed.

66        Section 96 is repealed and the following is substituted:

Application of specific provisions to Northern Manitoba

96        The following provisions of this Act apply, with such modifications as the circumstances require, to Northern Manitoba:

(a) section 1;

(b) Parts I to V;

(c) Part VI, except sections 66 and 68;

(d) Part VII;

(e) Part VIII.

Appointee may perform functions of Municipal Board

96.1      The minister may appoint one or more persons to perform the functions of The Municipal Board under this Act for Northern Manitoba.

67        Subsection 97(1) is amended by striking out " or a basic planning statement by-law".

68        Subsection 98(1) is amended by striking out clauses (d) to (g) and substituting the following:

(d) issue development permits under section 58;

(e) make variation orders under section 55;

(f) make conditional use orders under section 53; or

(g) enter into agreements pursuant to section 46 or clause 70(d).

69        The following is added after subsection 98(1):

Minister may delegate authority in Northern Manitoba

98(1.1)   Subject to section 5 of The Northern Affairs Act, the minister may delegate the authority to enact planning by-laws to a community council or a local committee.

70        Section 99 is amended

(a) in subclause (a)(i), by striking out "basic planning statement" and substituting "development plan"; and

(b) in clause (b), by striking out "49" and substituting "46".

Consequential amendments, C.C.S.M. c. C30

71        Clause 19(3)(a) and subclause 19(6)(b)(i) of The Cemeteries Act are amended by striking out "any planning scheme" and substituting "a zoning by-law".

Consequential amendment, C.C.S.M. c. H40

72        Subsection 14(1) of The Highways and Transportation Department Act is repealed and the following is substituted:

Erection of structures, etc. close to highway

14(1)     Except under the authority of a permit issued by the minister or the temporary posting of a notice under subsection 28(3), 42(3), 53(3) or 55(5) of The Planning Act, no person shall

(a) erect, build, or place, or cause to be erected, built, or placed, a structure or fixture on, under, or above the surface of the ground, within 125 feet of a departmental road outside a city, town, or village; or

(b) make, or cause to be made, an addition to such a structure or fixture.

Consequential amendments, C.C.S.M. c. H50

73(1)     The Highways Protection Act is amended by this section.

73(2)     Subsection 14(1) is repealed and the following is substituted:

Limitation on structures in controlled areas

14(1)     No person shall erect or locate a structure within a controlled area unless the person

(a) holds a permit for that purpose; or

(b) is authorized to do so under subsection 28(3), 42(3), 53(3) or 55(5) of The Planning Act.

73(3)     Subsection 14(6) is amended by adding "or section 28, 42, 53 or 55 of The Planning Act" at the end of the subsection.

Consequential amendments, C.C.S.M. c. L190

74(1)     The Local Government Districts Act is amended by this section.

74(2)     Clause 27(1)(c) is amended by striking out "an approved town planning scheme" and substituting "a zoning by-law".

74(3)     Clause 27(1)(f) is repealed and the following is substituted:

(f) to apply under The Planning Act for authority to prepare a development plan under that Act, and if the development plan is approved, to enact a zoning by-law to implement the development plan.

74(4)     Subsection 27(2) is amended by striking out "the scheme" wherever it occurs and substituting "the development plan".

Consequential amendment, C.C.S.M. c. M162

75         Subsection 1(1) of The Mines and Minerals Act is amended in clause (d) of the definition "rehabilitation" by striking out "planning scheme or development plan adopted" and substituting "zoning by-law or development plan".

Consequential amendment, C.C.S.M. c. M195

76        Subsection 1(1) of The Mining Tax Act is amended in clause (d) of the definition "rehabilitation" by striking out "planning scheme or development plan adopted" and substituting "zoning by-law or development plan".

Consequential amendment, C.C.S.M. c. R30

77        Clause 58(1)(k) of The Real Property Act is amended by striking out "any planning scheme or by-law" and substituting "a development plan, zoning by-law or other by-law".

Coming into force

78        This Act comes into force on a day fixed by proclamation.