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S.M. 2000, c. 29
THE NORTHERN AFFAIRS AMENDMENT AND PLANNING AMENDMENT ACT
(Assented to August 18, 2000)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
THE NORTHERN AFFAIRS ACT
1 The Northern Affairs Act is amended by this Part.
2 The definition "Northern Manitoba" in section 1 is amended by adding the following after clause (b):
3 Subsection 9(3) is repealed.
4 The following is added after section 9:
9.1 A regulation made under section 22 (incorporating an area or community) may delegate the minister's power of approval under subsection 9(1) to the incorporated community in respect of Crown land within the boundaries of the community, subject to such terms and conditions as the Lieutenant Governor in Council considers necessary or advisable.
5 Subsection 10(1) is amended
(a) by repealing the section heading and substituting "Minister's role under Acts applying to I.C.s"; and
6(1) Subsection 107(1) is amended
(a) by repealing the section heading and substituting "Application of Acts to incorporated communities"; and
6(2) Subsections 107(2) and (3) are repealed.
7 The following is added after section 107:
107.1 The Planning Act applies to Northern Manitoba in accordance with Part IX (Northern Manitoba) of that Act.
THE PLANNING ACT
8 The Planning Act is amended by this Part.
9 Section 92 is repealed and the following is substituted:
92 Subject to Part IX (Northern Manitoba), this Act applies to the whole of the province except
(a) the City of Winnipeg; and
(b) land designated as a provincial park under The Provincial Parks Act;
10 Part IX is repealed and the following is substituted:
94 In this Part and in provisions of this Act and regulations made under this Act that apply to Northern Manitoba, "minister" means the minister appointed by the Lieutenant Governor in Council to administer The Northern Affairs Act.
95 In this Part, the following terms have the same meaning as they have in The Northern Affairs Act: "community", "community council", "incorporated community", "incorporated community council", "local committee", "Northern Manitoba".
APPLICATION OF ACT
96 Subject to this Part, this Act and the regulations made under this Act apply to Northern Manitoba, with necessary modifications.
LAND USE CONTROL
Functions of the Municipal Board
97 The minister may appoint one or more persons to perform the functions of the Municipal Board in respect of an incorporated community or an area that is not incorporated under any of the following provisions:
(a) section 10 (recommendations re special planning area);
(b) section 12 (recommendations re planning district);
(c) section 30 (recommendations re development plan);
(d) section 45 (orders re zoning by-law).
98 A community that is incorporated under The Northern Affairs Act is deemed to be a municipality for the purpose of this Act.
99 For the purpose of this Act and The Real Property Act, the minister is deemed to be the council for any area that is not in an incorporated community.
100(1) The minister may by regulation delegate to a local committee or community council the minister's authority — as the council for an area that is not in an incorporated community — to enact a development plan by-law and a zoning by-law for the area.
100(2) A delegation under subsection (1) may include the minister's authority as the council for the area under any of the following provisions:
(a) agreements under section 46 (development agreements);
(b) section 53 (conditional uses);
(c) sections 54 and 55 (variation orders);
(d) section 56 (minor variations);
(e) sections 58 and 59 (development permits).
100(3) A development plan prepared by a local committee or community council under this section is not subject to the approval of the minister referred to in clause 30(4)(a) and subsections 30(5), (6), (13) and (14).
100(4) The committee or council may give third reading to the development plan by-law
(a) if the minister does not refer it to the Municipal Board under clause 30(4)(b), 60 days after the by-law is submitted to the minister under subsection 30(1); or
(b) if the minister refers the by-law to the Municipal Board under clause 30(4)(b), 60 days after the Board submits a report under subsection 30(12).
101(1) After a development plan by-law or zoning by-law made pursuant to section 100 is given third reading, the local committee or community council shall file a copy of the by-law with the minister in accordance with the regulations.
101(2) A by-law filed under subsection (1) comes into force 30 days after the day of filing, or after such further time as the minister may prescribe by regulation.
102 The minister may disallow, in whole or in part, a development plan by-law or zoning by-law made pursuant to section 100. The disallowance may be made at any time after the by-law is filed, and must be in writing. The by-law or part then ceases to be in force and is deemed to be repealed.
103(1) When the minister acts as the council for an area that is not in an incorporated community, the minister is deemed to also be acting as the approving authority in respect of the area.
103(2) The minister may appoint one or more persons to act as the approving authority for incorporated communities or areas that are not incorporated, or both.
104 Section 66 (no decision by approving authority within 60 days) does not apply to Northern Manitoba, and section 68 (appeal) applies only to the extent set out in sections 105 to 109.
105 A decision made by the minister as the approving authority cannot be appealed under section 68.
Appeal from Decision of Appointed Approving Authority
106(1) When an approving authority appointed under subsection 103(2) makes a decision under subsection 64(2) (conditional approval or rejection) or (4) (alteration of conditional approval), or both, the person applying for the subdivision may appeal the decision to the minister. The appeal must be made by sending a notice of appeal to the minister by registered mail within 30 days after the date of the notice of the decision.
106(2) A notice of appeal must contain the following:
(a) the name and address of the person appealing;
(b) a copy of the notice of the decision of the approving authority;
(c) the reasons for the appeal.
107 Upon receiving an appeal, the minister shall do one of the following:
(a) approve the proposed subdivision, subject to any conditions the minister considers appropriate;
(b) reject the proposed subdivision; or
(c) appoint a person or the Municipal Board, or direct the Board to appoint a member of the Board,
(i) to conduct a hearing and submit a report with recommendations to assist the minister to make a decision under clause (a) or (b), or
(ii) to make a decision in respect of the matter in accordance with clause (a) or (b), with or without conducting a hearing;
within a specified period of time.
108 When a hearing is held pursuant to clause 107(c), the following provisions apply, with necessary modifications: subsections 68(4.1) (notice of hearing), (5) (public authority may be heard) and (5.1) (appeal as new hearing).
109 A person or board making a decision on an appeal shall ensure that a copy of the decision is mailed to
(a) the minister;
(b) the appellant;
(c) the approving authority;
(d) any local committee, community council or incorporated community council for the area in which the land is located;
(e) each person who participates in the appeal.
110 The Lieutenant Governor in Council may provide in a regulation made under this Act that it applies to all or part of Northern Manitoba, including all or part of an incorporated community.
111 The minister may make regulations
(a) for the purpose of section 100, delegating to a community council or local committee, upon such terms and conditions as the minister considers necessary or advisable, the power to enact a development plan by-law and a zoning by-law; and
(b) for the purpose of section 101, respecting the filing of development plan by-laws and zoning by-laws.
11 A matter that
(a) is commenced but not completed before this Act comes into force; and
(b) is under a provision of The Planning Act that is affected by this Act;
shall be completed as if this Act had not been enacted.
COMING INTO FORCE
12 This Act comes into force on the day it receives royal assent.