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S.M. 2005, c. 30
Bill 33, 3rd Session, 38th Legislature
The Planning Act
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(Assented to June 16, 2005)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
INTRODUCTORY PROVISIONS
1(1) The following definitions apply in this Act.
"board" means the board of a planning district. (« commission »)
"building" includes a well, pipe line, conduit, cut, excavation, fill, transmission line and any structure or erection, and any part of any of those things, and also includes an addition to or extension of any building or any of those things and a chattel that is attached to, or installed in or on, any building or any of those things. (« bâtiment »)
"conditional use" means a use of land or a building that may be permitted under a zoning by-law. (« usage conditionnel »)
"construction" includes
(a) excavating, removing, filling and backfilling for the purpose of preparing or maintaining a site in respect of a building or a proposed building;
(b) erecting, extending, enlarging, placing, removing, locating and demolishing a building;
(c) altering, renovating and reconstructing a building;
(d) moving a building from one site to another; and
(e) underpinning the foundation of a building. (« construction »)
"council" means
(a) the council of a municipality; and
(b) the resident administrator of a local government district. (« conseil »)
"designated employee or officer" means an employee or officer of a planning district or municipality who is designated to carry out a power or responsibility in accordance with section 184. (« employé ou dirigeant désigné »)
"development" means
(a) the construction of a building on, over or under land;
(b) a change in the use or intensity of use of a building or land;
(c) the removal of soil or vegetation from land; and
(d) the deposit or stockpiling of soil or material on land and the excavation of land. (« mise en valeur »)
"development plan by-law" means a by-law adopting a development plan for a planning district or municipality under Part 4. (« règlement portant sur un plan de mise en valeur »)
"land" means land, messuages, tenements and hereditaments, whether corporeal and incorporeal, of every kind and description, whatever the estate or interest therein, whether legal or equitable, and all trees and timber thereon, and all mines, minerals, and quarries, unless specially excepted. (« bien-fonds »)
"livestock operation" means a permanent or semi-permanent facility or non-grazing area where at least 10 animal units of livestock are kept or raised either indoors or outdoors, and includes all associated manure collection facilities, but does not include an auction mart. (« exploitation de bétail »)
"livestock operation policy" means a livestock operation policy contained in a development plan by-law. (« politique en matière d'exploitation de bétail »)
"minister", except in Part 10 (Northern Manitoba), means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"municipality" means a city, town, village, rural municipality, local government district or other municipal organization formed or continued under The Municipal Act. (« municipalité »)
"Northern Manitoba" means Northern Manitoba as defined in The Northern Affairs Act. (« Nord du Manitoba »)
"owner", in relation to property, means a person who is the owner of a freehold estate in the property, and includes
(a) a person who is an owner with another person as joint tenant or tenant in common of a freehold estate;
(b) a person who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; and
(c) a real owner, as defined in subsection 1(1) of The Municipal Assessment Act. (« propriétaire »)
"parcel of land" means the aggregate of all land described in any manner in a certificate of title. (« parcelle de bien-fonds »)
"planning commission" means a planning commission established under Part 3. (« commission d'aménagement du territoire »)
"planning district" means a planning district established under Part 3. (« district d'aménagement du territoire »)
"property" means land and improvements on land, and includes
(a) an interest in land or an improvement on land; and
(b) air, surface and subsurface rights and interests in respect of land. (« propriété »)
"public road" has the same meaning as highway under subsection 1(1) of The Highway Traffic Act. (« voie publique »)
"secondary plan by-law" means a by-law adopting a secondary plan for a planning district or municipality under Part 4. (« règlement portant sur un plan secondaire »)
"sensitive land" includes
(a) land that is susceptible to flooding, permafrost, erosion or that has unstable slopes or poor drainage;
(b) areas of special significance for animal, bird or plant life, including wetlands, forests and nesting areas; and
(c) land on which any development is likely to harm ecological diversity. (« bien-fonds sensible »)
"subdivision" means the division of land by an instrument, including
(a) a plan of subdivision, conveyance, deed, mortgage or grant; or
(b) an agreement granting or extending a use of or right in land, directly or indirectly or by an entitlement to renewal, for a period of 21 years or more;
but not including a lease respecting only floor space in a building. (« lotissement »)
"unorganized territory" means any part of the province that is not in a municipality or in Northern Manitoba. (« territoire non organisé »)
"zoning by-law" means a by-law adopted by a board or council under Part 5. (« règlement de zonage »)
Reference to "Act" includes regulations
1(2) In this Act, a reference to "this Act" includes the regulations made under this Act.
2 Subject to Part 10 (Northern Manitoba), this Act applies to the entire province except
(a) the City of Winnipeg, unless this Act specifically provides otherwise; and
(b) land designated as a provincial park under The Provincial Parks Act.
Application to unorganized territory
3 When this Act is applied to land in unorganized territory,
(a) the unorganized territory is deemed to be a municipality; and
(b) the minister is deemed to be the council of the municipality.
PART 2
PROVINCIAL AND REGIONAL PLANNING
DIVISION 1
PROVINCIAL LAND USE POLICIES
4(1) The Lieutenant Governor in Council may, by regulation, establish provincial land use policies to guide sustainable land use and development in the province.
4(2) Provincial land use policies apply to the City of Winnipeg.
4(3) Provincial land use policies may contain a series of goals and policies that deal with
(a) urban, rural and regional development in the province, including residential, agricultural, commercial, industrial, institutional and recreational development;
(b) the protection and enhancement of
(i) the environment, including water sources, sensitive lands, renewable resources and areas of natural or historic significance,
(ii) the transportation system and other infrastructure, and
(iii) mineral development; and
(c) any other matter the Lieutenant Governor in Council considers advisable.
DIVISION 2
REGIONAL STRATEGIES
5(1) The boards or councils of two or more planning districts or municipalities, or any combination thereof, may develop a regional strategy for the area under their jurisdiction.
5(2) The purpose of a regional strategy is to
(a) improve and co-ordinate land use and development in the region; and
(b) promote co-operation between planning districts and municipalities in the delivery of services and development of infrastructure in the region.
5(3) A regional strategy may include
(a) the identification and analysis of land use and development issues in the region;
(b) policies and goals respecting the following matters in the region:
(i) land supply,
(ii) transportation and infrastructure development,
(iii) residential development,
(iv) protection of agricultural land and agricultural operations,
(v) commercial, industrial and recreational development,
(vi) protection of the environment, especially water sources, sensitive lands, renewable resources and areas of natural or historic significance,
(vii) co-ordination of planning and development by planning districts and municipalities in the region,
(viii) economic and social development; and
(c) the identification of services and infrastructure development in the region in which co-operation between planning districts and municipalities could result in improved service or cost effectiveness.
Consistency with provincial land use policies
5(4) A regional strategy must be generally consistent with provincial land use policies.
6 If requested, the minister may provide planning districts and municipalities with advice and technical support to prepare a regional strategy.
7(1) The board or council of every planning district or municipality in the region must hold one or more public meetings to obtain public input on the proposed strategy.
7(2) The minister must be consulted during the preparation of a regional strategy.
8(1) A regional strategy comes into effect when the board or council of every planning district and municipality in the region has passed a resolution adopting the strategy.
8(2) Amendments to a regional strategy may be made at any time. Section 7 and subsection (1) apply to any amendment.
9 A planning district or municipality that has adopted a regional strategy must
(a) when adopting a development plan by-law, or re-enacting, amending or replacing its development plan by-law after conducting a review of its development plan under section 59, ensure that the development plan by-law generally conforms with the regional strategy; and
(b) where practical, co-operate with other planning districts and municipalities in the region in delivering services and developing infrastructure.
10(1) The City of Winnipeg may enter into a regional strategy with other planning districts and municipalities.
10(2) If the City of Winnipeg adopts a regional strategy, this Division applies to it, with any necessary changes, to the same extent as any other municipality, and a reference to a development plan by-law in this Division includes Plan Winnipeg adopted under The City of Winnipeg Charter.
DIVISION 3
SPECIAL PLANNING AREAS
Establishing special planning area
11(1) The Lieutenant Governor in Council may, by regulation, designate an area of the province as a special planning area if the area has a special provincial or regional significance.
11(2) Before an area is designated as a special planning area, the minister must consult with the board of every planning district and the council of every municipality in the proposed special planning area.
11(3) A designation may be made for a period of time specified in the regulation.
Development in special planning area
12 When an area is designated as a special planning area, no development may take place in that area unless
(a) an application has been made to the minister in accordance with the regulations by the owner of the affected property, or a person authorized in writing by the owner; and
(b) the development has been approved in accordance with the procedures established by regulation.
PART 3
PLANNING AUTHORITIES
DIVISION 1
MUNICIPALITIES
13 Subject to this Part, the council of a municipality is responsible for the adoption, administration and enforcement of the development plan by-law, zoning by-law and all other by-laws respecting land use and development for the municipality.
DIVISION 2
PLANNING DISTRICTS
ROLE
14 When a planning district is established, its board is responsible for
(a) the adoption, administration and enforcement of the development plan by-law for the entire district;
(b) the administration and enforcement of
(i) the zoning by-laws of its member municipalities, or the district's own zoning by-law if it has adopted a district-wide zoning by-law under section 69,
(ii) any secondary plan by-law in force in the district,
(iii) the building by-laws of its member municipalities, and
(iv) the by-laws of its member municipalities dealing with minimum standards of maintenance and occupancy of buildings.
15(1) The board of a planning district may enter into any agreement necessary to enable it to carry out and exercise its duties and powers under this Act, including without limitation,
(a) an agreement with any person respecting the development of land in the district;
(b) an agreement with a member municipality, the government, an agency of the government or any other person to develop and maintain
(i) transportation systems, utilities or recreational facilities for the use of member municipalities, or
(ii) housing facilities in the district.
15(2) The board of a planning district may
(a) review and co-ordinate the policies and programs of its member municipalities relating to land use and development and the provision of public facilities; and
(b) by agreement, perform duties delegated to it by the council of a member municipality.
ESTABLISHMENT
Application to establish district
16(1) The councils of two or more municipalities may apply to the minister to establish a planning district.
16(2) The application must be accompanied by a resolution from the council of each municipality supporting the establishment of the proposed planning district.
Requirement for public hearing
16(3) Before applying, each council must hold a public hearing to receive representations on the proposed planning district, and give notice of the hearing in accordance with section 168.
Establishment of planning district
17(1) If the minister determines that the proposed planning district will improve sustainable land use and development in the area, the minister may, by regulation, establish the planning district.
17(2) The regulation must set out
(a) the name and boundaries of the planning district; and
(b) the date when the planning district will begin to carry out and exercise its duties and powers under this Act.
STRUCTURE AND ADMINISTRATION
18(1) A planning district is a corporation and, subject to this Act, has all the rights, powers and privileges of a natural person for the purpose of carrying out and exercising its duties and powers under this Act.
Corporation without share capital
18(2) A planning district must operate exclusively as a corporation without share capital.
Applicability of Corporations Act
18(3) Except as otherwise provided in this Act, The Corporations Act does not apply to a planning district.
19(1) The management and affairs of a planning district must be directed by a board of directors consisting of councillors appointed by each member municipality in accordance with the requirements of the organizational by-law.
19(2) The board of directors of a planning district must include at least one director from each member municipality.
19(3) In the case of a local government district, the director must be the resident administrator of the district, or a person appointed in writing by the resident administrator.
20(1) Despite subsection 19(1), the minister must
(a) appoint the first board of directors of a planning district in accordance with the requirements of subsections 19(2) and (3);
(b) appoint one of the directors as the first chairperson of the board; and
(c) make subsequent appointments to fill any vacancies on the board until new directors are appointed in accordance with the by-laws of the district.
Term of office of first directors
20(2) The term of office of a first director continues until his or her successor is appointed in accordance with the by-laws of the district.
Organizational and procedural by-laws
21(1) The board of a planning district must adopt by-laws, not inconsistent with this Act, that deal with
(a) the organization of the board, including
(i) the number of directors from each member municipality,
(ii) the method of appointment of directors by each member municipality, and
(iii) alternate directors; and
(b) procedures of the board and the conduct of its affairs, including
(i) the calling of meetings, including notice of meetings,
(ii) the conduct of meetings and hearings, including rules of procedure,
(iii) the recording of by-laws, and
(iv) voting.
21(2) The board of a planning district must adopt a by-law providing for
(a) the payment to directors of remuneration as specified in the by-law; and
(b) the reimbursement to directors of expenses incurred in carrying out their duties.
21(3) The board of a planning district may adopt
(a) a by-law establishing the fees and charges to be paid for services provided by the district, including licences, permits, certificates and other approvals and documents issued by the district; and
(b) other by-laws, not inconsistent with this Act, that may be necessary to carry out and exercise its duties and powers under this Act.
22(1) The member municipalities of a planning district must agree on the proportion of funding, if any, that each municipality must contribute to meet the expenses of the district.
22(2) The board of a planning district must prepare and submit to each member municipality an annual report of its activities and an operating budget for the next year, on or before a date agreed on by the member municipalities.
23 The member municipalities of a planning district must
(a) agree on a process to resolve disputes about the operation of the district; and
(b) use that process to attempt to resolve any dispute involving the operation of the district.
24 The board of a planning district may appoint or employ any persons that it considers necessary to carry out and exercise its duties and powers under this Act.
CHANGES TO PLANNING DISTRICTS
Change in Name
25(1) The board of a planning district may apply to the minister to change the name of the planning district.
25(2) The minister may, after consulting with the member municipalities of the district, change the name of the district. The minister must amend the regulation establishing the planning district to reflect the name change.
25(3) A planning district that has its name changed continues as a corporation under the new name. The change in name does not affect any obligation, liability or right of action of the district existing at the time of the change.
Alteration, Dissolution and Amalgamation
Application for alteration or dissolution
26(1) The board of a planning district or the council of a member municipality may apply to the minister to
(a) change the boundaries of the district; or
(b) dissolve the district.
26(2) The boards of two or more existing planning districts may apply to the minister to amalgamate into a new planning district.
Requirements for adding municipality
27(1) If the application seeks to add a municipality to a planning district, the council of the municipality that is proposed to be added to the district must, before the application is made,
(a) have passed a resolution in support of joining the district; and
(b) have held a public hearing to receive representations on joining the planning district, after giving notice of the hearing in accordance with section 168.
Requirements for dissolution or removal
27(2) If the application seeks to dissolve a planning district or change the boundaries of the district to remove a municipality from the district, the applicant must, before making the application,
(a) have held a public hearing to receive representations on the application, including its financial and service delivery implications, after giving notice of the hearing in accordance with section 168; and
(b) provide the minister with a report setting out the reasons for the application and the results of the hearing held under clause (a).
27(3) If the application seeks to amalgamate two or more existing planning districts, the board of each district must, before the application is made,
(a) have passed a resolution in support of the proposed amalgamation; and
(b) have held a public hearing to receive representations on the proposed amalgamation, after giving notice of the hearing in accordance with section 168.
28(1) The minister may refer an application under section 26 to the Municipal Board.
28(2) Upon receiving the application, the Municipal Board must hold a public hearing to receive representations on the application, including its financial and service delivery implications, after giving notice of the hearing in accordance with section 168.
28(3) After holding the hearing, the Municipal Board must make a recommendation to the minister on the application.
Decision
29(1) After considering the application, and the recommendations of the Municipal Board if the application was referred to it under section 28, the minister may
(a) change the boundaries of a planning district;
(b) dissolve a planning district; or
(c) amalgamate two or more existing planning districts into a new planning district.
29(2) The minister must amend the regulation establishing planning districts to reflect a decision made under subsection (1).
Distribution of assets and liabilities
29(3) If the minister dissolves a planning district or changes the boundaries of a planning district to allow a municipality to withdraw from the district, the minister may also determine the manner in which the assets and liabilities of the district are to be distributed or allocated.
29(4) If the minister amalgamates two or more existing planning districts into a new planning district,
(a) section 180 of The Corporations Act applies, with necessary changes, to the new district; and
(b) the minister must appoint the first directors of the new district in accordance with section 20.
Development plan continues to apply
30(1) After a planning district is dissolved or a municipality withdraws from a planning district, the development plan by-law of the district
(a) continues to apply, with necessary changes, to the remaining municipalities in the district; and
(b) is deemed to be the development plan by-law, with necessary changes, for a municipality that is no longer part of the district, until the municipality adopts its own development plan by-law.
When municipal development plan applies
30(2) If a municipality becomes part of a planning district after adopting its own development plan by-law, that by-law continues to apply to the municipality until the planning district amends its development plan by-law to cover that municipality.
DIVISION 3
PLANNING COMMISSIONS
ESTABLISHMENT
31 A planning commission may be established by
(a) the board of a planning district that has adopted a district-wide zoning by-law under section 69; and
(b) the council of a municipality that has adopted a zoning by-law.
32(1) The planning commission must be established by a by-law that provides for the following:
(a) the designation of a member of the commission as chairperson, and another member as vice-chairperson;
(b) rules of practice and procedure for the commission;
(c) payment of remuneration and reimbursement of expenses to members of the commission; and
(d) such other matters as the board or council considers necessary or advisable.
32(2) A planning commission must be composed of at least three persons appointed by the board or council, and may consist
(a) entirely of members of the board or council;
(b) of a combination of members of the board or council and other persons; or
(c) entirely of persons who are not members of the board or council.
ROLE OF PLANNING COMMISSIONS
Decisions
Decisions by planning commission
33 A planning commission must hold hearings and make decisions respecting
(a) applications for variances referred to the commission in accordance with a by-law under section 95 (authority respecting variances); and
(b) applications respecting conditional uses referred to the commission in accordance with a by-law under section 104 (authority respecting conditional uses).
34(1) When a decision is made by a planning commission, the notice of decision must
(a) state that the persons described in subsection (2) may appeal the decision;
(b) set out the process to be followed to appeal the decision; and
(c) state the deadline for filing the notice of appeal, which must be at least 14 days after the decision was made.
Appeal of decision by commission
34(2) A decision by a planning commission may be appealed to the board or council by
(a) the applicant;
(b) any person who made representations at a hearing on the application held by the planning commission; or
(c) a designated employee or officer of the planning district or municipality.
34(3) A notice of appeal of a decision of a planning commission must
(a) be in writing;
(b) identify the decision being appealed; and
(c) be filed with the planning district or municipality before the deadline set out in the notice of decision.
34(4) If the decision of a planning commission is not appealed by the deadline set out in the notice of decision, the decision is final.
35(1) An appeal of a decision of a planning commission must be heard by the board or council that established the commission.
35(2) The board or council must
(a) fix a date, time and place for the appeal hearing; and
(b) at least 14 days before the hearing, send notice of the hearing to
(i) the appellant and the applicant, and
(ii) every person who made a representation at the planning commission's hearing on the application.
35(3) A member of the board or council who took part in the decision under appeal as a member of the planning commission may not hear the appeal.
35(4) A majority of the members of the board or council constitutes a quorum for hearing the appeal, but if one or more members are disqualified from hearing the appeal under subsection (3), quorum is not lost as long as at least two members hear the appeal.
35(5) The appeal of the decision of the planning commission is a new hearing and the board or council may make any decision with respect to the matter under appeal that could have been made at the original hearing of the application.
Hearings
Hearings by planning commission
36(1) The board of a planning district or the council of a municipality may, by by-law, assign responsibility for holding a hearing to consider any of the following matters to its planning commission:
(a) the adoption of a zoning by-law or secondary plan by-law under subsection 74(1);
(b) subdivision applications under subsection 125(2);
(c) a by-law to close public reserve land under subsection 139(2);
(d) the declaration of an obsolete plan of subdivision under subsection 144(3).
36(2) After holding a hearing on a matter set out in subsection (1), the planning commission must provide the board or council with a report on the hearing, that includes
(a) the minutes of the hearing;
(b) the record of all representations made at the hearing; and
(c) its recommendations on the matter considered at the hearing.
GENERAL
37 A planning commission may act only by resolution.
Deemed hearing by board or council
38 A hearing held by a planning commission under authority of this Division is deemed to be a hearing by the board or council.
Commission must meet all requirements
39 A planning commission that holds a hearing or makes a decision must comply with all requirements of this Act respecting notice of hearings, the conduct of hearings and notices of decision. PART 4
PLANS
DIVISION 1
DEVELOPMENT PLANS
REQUIREMENTS
Development plan for planning districts
40(1) The board of a planning district must prepare a development plan for the entire district.
Development plan for municipalities
40(2) The council of a municipality that is not part of a planning district must prepare a development plan for the municipality.
40(3) A development plan is not required for land in unorganized territory.
Consistency with provincial land use policies
41 A development plan must be generally consistent with provincial land use policies.
Requirements of development plan
42(1) A development plan must
(a) set out the plans and policies of the planning district or municipality respecting its purposes and its physical, social, environmental and economic objectives;
(b) through maps and statements of objectives, direct sustainable land use and development in the planning district or municipality;
(c) set out measures for implementing the plan; and
(d) include such other matters as the minister or the board or council considers advisable.
42(2) The development plan must include a livestock operation policy that guides zoning by-laws dealing with livestock operations by
(a) dividing the planning district or municipality into one or more areas designated as follows:
(i) areas where the expansion or development of livestock operations of any size may be allowed,
(ii) areas where the expansion or development of livestock operations involving a specified maximum number of animal units may be allowed,
(iii) areas where the expansion or development of livestock operations will not be allowed; and
(b) setting out the general standards to be followed in the planning district or municipality respecting the siting and setback of livestock operations.
42(3) A designation of an area under subclause (2)(a)(i) or (ii) is subject to subsection 72(2) (restricted zoning for large livestock operations).
43 A development plan may set out the date by which the board or council must complete a review of it under clause 59(1)(a).
44(1) When preparing a development plan, a board or council must
(a) hold one or more public meetings to receive representations on the plan; and
(b) consult with a qualified land use planner.
44(2) After preparing a development plan, the board of a planning district must consult with the councils of its member municipalities.
ADOPTION PROCESS
45 A board or council must adopt a development plan for the planning district or municipality by by-law.
46(1) Between first and second reading of the development plan by-law, the board or council must hold a public hearing to receive representations from any person on the proposed development plan, and give notice of the hearing in accordance with section 168.
46(2) After the hearing, the board or council may,
(a) if it determines that the proposed development plan does not require alteration or requires only a minor alteration that does not change the intent of the plan, make any required alteration and give the by-law second reading;
(b) if it determines that the proposed development plan requires a major alteration that changes the intent of the plan,
(i) make the required alteration,
(ii) hold another public hearing in accordance with subsection (1) to receive representations on the alterations to the plan, and
(iii) give the altered by-law second reading or pass a resolution not to proceed with the by-law; or
(c) pass a resolution not to proceed with the by-law.
Notice of resolution not to proceed
46(3) If the board or council passes a resolution not to proceed with the by-law, it must send a copy of the resolution to the minister and every person who made a representation at the hearing held under subsection (1).
47(1) As soon as practicable after the development plan by-law is given second reading, the board or council must submit the by-law to the minister for approval.
47(2) The board or council must give the minister
(a) two certified copies of the by-law; and
(b) one copy of the minutes of the hearing held under subsection 46(1) and each written submission filed at that hearing.
47(3) The board or council must not give third reading to the by-law until the minister has approved it under section 51.
48 As soon as practicable after submitting the development plan by-law to the minister for approval, the board or council must send a notice to every person who made a representation at the hearing held under subsection 46(1) stating that
(a) second reading was given to the by-law;
(b) the by-law has been submitted to the minister for approval; and
(c) any person who made a representation at the hearing may file an objection with the minister that sets out the reasons for his or her objection, within 14 days after the notice is given.
49 Before deciding whether to approve the development plan by-law, the minister may refer an objection to the by-law filed under clause 48(c) or a specific question or issue about the by-law to the Municipal Board.
50(1) If the minister makes a referral under section 49, the Municipal Board must
(a) hold a public hearing to receive representations from any person on the objection, question or issue referred to it; and
(b) at least 14 days before the hearing, send notice of the hearing to
(i) the minister,
(ii) the board or council involved,
(iii) every person who made a representation at the hearing held under subsection 46(1), and
(iv) any other person it considers appropriate.
50(2) After holding the hearing, the Municipal Board must submit a report to minister setting out its recommendations on the objection, question or issue referred to it.
51(1) After receiving copies of the development plan by-law and any objections to it, and after considering any recommendations of the Municipal Board under section 50, the minister may
(a) approve the by-law with no alterations or conditions;
(b) approve the by-law, subject to the board or council
(i) making any alteration to the by-law required by the minister, or
(ii) complying with any condition imposed by the minister; or
(c) reject the by-law.
51(2) Before requiring an alteration to the by-law or imposing a condition when making an approval under clause (1)(b), the minister may consult with the applicable board or council.
51(3) The minister must provide the board or council with written notice of his or her decision.
52 A board or council may give third reading to a development plan by-law approved under clause 51(1)(a) or (b), but only after
(a) making any alterations to the by-law specified by the minister; and
(b) complying, or agreeing to comply, with any condition imposed by the minister.
53 As soon as practicable after giving third reading to the development plan by-law, the board or council must
(a) give the minister a certified copy of the by-law and as many additional copies as the minister may request;
(b) give the minister an electronic copy of the development plan in a format acceptable to the minister; and
(c) send a notice stating that the by-law has been adopted to
(i) every person who made a representation at the hearing held under subsection 46(1), and
(ii) every person who made a representation at the Municipal Board hearing, if one was held.
54 Once adopted, a development plan by-law is binding on all persons and is not subject to appeal.
55 If the board or council decides not to proceed with a development plan by-law that was approved by the minister under clause 51(1)(a) or (b), the board or council must pass a resolution not to proceed and send a copy of it to
(a) the minister;
(b) every person who made a representation at the hearing held under subsection 46(1); and
(c) every person who made a representation at the Municipal Board hearing, if one was held.
AMENDMENTS AND REVIEW
Amending development plan by-law
56(1) An amendment to a development plan by-law may be initiated
(a) by the board or council; or
(b) by the owner of the affected property, or a person authorized in writing by the owner, through an application made to the board or council.
Application by owner may be refused
56(2) An application for an amendment to a development plan by-law under clause (1)(b) may be refused if, in the opinion of the board or council,
(a) it is without merit; or
(b) it is the same as or substantially similar to an earlier application that was refused within one year before the day when the new application is made.
57 Sections 46 to 55 apply to amendments to a development plan by-law, with any necessary changes.
Exception for minor amendments
58(1) A board or council may apply to the minister to make a minor amendment to the development plan by-law, or amend the by-law to correct an error or omission, without complying with section 57. The application must include a copy of the proposed amendment.
58(2) The minister may give the board or council written authorization to amend the development plan by-law without giving public notice, holding a hearing or submitting the amendment to the minister for approval, subject to any conditions set out in the authorization, if the minister is satisfied that
(a) the proposed amendment is a minor one that does not change the intent of the development plan; or
(b) the proposed amendment is required to correct an error or omission.
59(1) A board or council must complete a detailed review of its development plan
(a) on or before the deadline set out in the development plan; or
(b) if the development plan does not contain a deadline for review, within five years after the development plan by-law is adopted.
59(2) The minister may, by written order, require a board or council to complete a detailed review of its development plan on or before the date specified in the order, or such later date as the minister may by further order allow.
59(3) A review of a development plan must include
(a) a comprehensive examination of the plan; and
(b) public consultations.
By-law to be re-enacted or replaced
59(4) Upon completion of the review, the board or council must re-enact the development plan by-law or repeal and replace it with a new development plan by-law, in accordance with the process set out in sections 46 to 55.
POWERS OF MINISTER
60 After consulting with a board or council, the minister may order it to adopt a development plan or amend the development plan by-law of the planning district or municipality within a time specified in the order.
Minister may amend or replace by-law
61(1) The minister may prepare a development plan by-law or an amendment to the development plan by-law of a planning district or municipality if the board or council
(a) fails to comply with an order under section 60; or
(b) fails to conduct a review of its development plan as required under section 59;
and submit the amendment or new by-law to the Lieutenant Governor in Council for approval.
61(2) Before submitting the amendment or new by-law for approval, the minister may refer it to the Municipal Board for a hearing in accordance with section 50. After receiving the recommendations of the Municipal Board, the minister may make alterations to the amendment or new by-law.
61(3) The Lieutenant Governor in Council may, by order, approve the amendment or by-law submitted by the minister. This order has the effect of enacting the development plan by-law or amending the existing development plan by-law as if it were enacted or amended by the board or council under this Division.
APPLICATION OF PROVINCIAL LAND USE POLICIES
62(1) Subject to subsection (2), provincial land use policies no longer apply to a planning district or municipality that has adopted a development plan by-law.
Policies apply to amendments and review
62(2) An amendment to a development plan by-law and the re-enactment or replacement of a development plan by-law under subsection 59(4) must be generally consistent with provincial land use policies.
DIVISION 2
SECONDARY PLANS
63(1) A board or council may, by by-law, adopt a secondary plan to deal with objectives and issues within its scope of authority in a part of the planning district or municipality, including, without limitation, any matter
(a) dealt with in the development plan by-law;
(b) dealing with subdivision, design, road patterns, building standards or other land use and development matters; or
(c) respecting economic development or the enhancement or special protection of heritage resources or sensitive lands.
Consistency with development plan by-law
63(2) A secondary plan by-law must be consistent with the development plan by-law.
64 A secondary plan by-law is subject to the same hearing and approval process required to adopt a zoning by-law under Part 5.
DIVISION 3
GENERAL
65 The adoption of a development plan by-law or a secondary plan by-law does not require the board or council, any person, or any department or agency of the government to undertake a proposal contained in the by-law. However, undertakings and development in the planning district or municipality must be generally consistent with the development plan by-law and any applicable secondary plan by-law.
Acquisition and disposal of land
66 In order to implement any part of a development plan by-law or secondary plan by-law, a planning district or municipality may acquire land by gift, purchase or expropriation under The Expropriation Act. The land may be sold, leased or otherwise disposed of by the district or municipality if it is no longer required.
Revoking development plan by-law
67 When a planning district adopts a development plan by-law, any development plan by-law adopted by a member municipality is revoked.
PART 5
ZONING BY-LAWS
REQUIREMENTS
68 Unless the municipality is part of a planning district that has adopted a district-wide zoning by-law under section 69, a municipal council must adopt a zoning by-law that is generally consistent with the development plan by-law and any secondary plan by-law in effect in the municipality.
69(1) The board of a planning district may adopt a zoning by-law that applies to the entire district if the council of every municipality in the district passes a resolution in favour of a district-wide zoning by-law.
Effect on municipal zoning by-law
69(2) If a district wide zoning by-law is adopted by the board of a planning district, the zoning by-law of a member municipality is revoked.
70 A zoning by-law is not required for land in unorganized territory.
71(1) A zoning by-law must
(a) divide the municipality or planning district into zones;
(b) prescribe permitted and conditional uses for land and buildings in each zone; and
(c) set out the procedure for applying for, and issuing development permits, non-conforming certificates, zoning memoranda and other similar documents, including the classes of minor development, if any, that do not require a development permit.
General development requirements
71(2) A zoning by-law must prescribe general development requirements for each zone having regard to any permitted or conditional use for the zone, and in prescribing those requirements, the board or council must consider
(a) the development plan by-law and any secondary plan by-law;
(b) the character of the zone;
(c) the nature of the existing or proposed uses of land and buildings in the zone; and
(d) the suitability of the zone for particular uses.
71(3) Without limiting the generality of subsection (2), a zoning by-law may contain provisions prohibiting or regulating any of the following:
(a) the use of land;
(b) the construction or use of buildings;
(c) the dimensions and area of lots, parcels or other units of land;
(d) the number, lot coverage, floor area, yard size, dimension and location of buildings on parcels of land;
(e) the design details of buildings and building sites and the establishment of committees to approve design details;
(f) the open space around and between buildings, minimum separation distances between buildings on a site and minimum separation distances between buildings and other buildings or uses;
(g) the cutting and removal of trees or vegetation;
(h) the location, height, type, and maintenance of fences and walls;
(i) landscaping and buffers between buildings and parcels of land, and between different uses of land;
(j) the placement of pedestrian walkways;
(k) the removal, excavation, deposit or movement of sand, gravel, soil or other material from land;
(l) the location, size and number of access points to a parcel of land from adjoining public roads;
(m) the establishment and maintenance of parking and loading facilities;
(n) the form, type, size, contents, and manner of display of outdoor signs or displays, including interior signs that are visible from the outdoors;
(o) the grading and elevation of land;
(p) the outdoor storage of goods, machinery, vehicles, building materials, waste materials and other items;
(q) the number, dimensions and density of dwelling units on a parcel of land;
(r) the outdoor lighting of any building or land;
(s) waste storage and collection areas, and facilities and enclosures for storing water and other liquids;
(t) the manner in which any use of land or a building is undertaken, including the hours of operation and the regulation of noxious or offensive emissions such as noise or odours;
(u) the sequence of development, including commencement and completion;
(v) the protection of scenic areas, heritage resources and sensitive land;
(w) the construction, location or placement of a building on sensitive land;
(x) the construction of a building within a specified distance of a water body or groundwater source.
Power to prohibit includes power to permit
71(4) The power to prohibit or regulate any land use or development in a zoning by-law includes the power to permit that land use or development.
Zoning by-laws for livestock operations
72(1) Zoning by-laws respecting livestock operations must be generally consistent with the livestock operation policy of the planning district or municipality.
Restricted zoning for large livestock operations
72(2) If the livestock operation policy designates an area as a place where livestock operations may be allowed, the zoning by-law for that area
(a) must designate livestock operations involving 300 or more animal units as a conditional use; and
(b) may designate livestock operations involving fewer than 300 animal units as a permitted use or a conditional use.
Siting and setback of livestock operations
72(3) The zoning by-law must establish siting and setback requirements for livestock operations that
(a) meet minimum standards established by regulation; and
(b) are generally consistent with the livestock operation policy of the planning district or municipality.
73 A zoning by-law may allow for the modification of specified development requirements if a development provides public benefits specified in the by-law.
ADOPTION OF ZONING BY-LAW
74(1) Between first and second reading of a zoning by-law, a board, council or planning commission must hold a public hearing to receive representations from any person on the by-law, and give notice of the hearing in accordance with section 168.
74(2) If, after the public hearing, the board or council proposes to alter the by-law, a second public hearing must be held in accordance with subsection (1) to receive representations on the alterations to the by-law.
No hearing for minor alteration
74(3) A second public hearing is not required if the alteration is a minor one that does not change the intent of the by-law.
75 If no person objects to the zoning by-law at the hearing held under subsection 74(1), the board or council may
(a) give the by-law second and third reading; or
(b) pass a resolution not to proceed with the by-law.
When Planning Commission Holds Hearing
Objections at planning commission hearing
76(1) When an objection to a zoning by-law is received at a hearing held by a planning commission under subsection 74(1), it must be dealt with in accordance with this section.
76(2) After being advised of the objection by the planning commission, the board or council may
(a) give the by-law second reading; or
(b) pass a resolution not to proceed with the by-law.
76(3) If the board or council gives the by-law second reading it must, as soon as practicable after second reading, send a notice to every person who objected to the by-law, stating that
(a) the person may file a second objection to the by-law with the board or council by the deadline specified in the notice, which must be at least 14 days after the date of the notice; and
(b) if a second objection is not filed before the deadline, the by-law may be given third reading without further notice.
Actions if no second objection
76(4) If the board or council does not receive a second objection by the deadline set out in the notice under subsection (3), it may
(a) give the by-law third reading; or
(b) pass a resolution not to proceed with the by-law.
76(5) If the board or council receives a second objection by the deadline set out in the notice under subsection (3), it must
(a) hold a public hearing to receive representations from any person on the objection; and
(b) at least 14 days before the hearing, send notice of the hearing to
(i) the applicant,
(ii) every person who made a representation at the hearing held under subsection 74(1), and
(iii) any other person it considers appropriate.
76(6) After holding the hearing, the board or council may
(a) give the by-law third reading if no alterations are made to the by-law;
(b) alter the by-law to address any representations on the objection made at the hearing and, despite subsection 74(2), give the altered by-law third reading without further notice or hearing; or
(c) pass a resolution not to proceed with the by-law.
When Board or Council Holds Hearing
Objections at board or council hearing
77(1) When an objection to a zoning by-law is received at a hearing held by a board or council under subsection 74(1), it must be dealt with in accordance with this section.
77(2) The board or council may
(a) give the by-law second reading; or
(b) pass a resolution not to proceed with the by-law.
77(3) If the board or council gives the by-law second reading, it must, as soon as practicable after second reading, send the notice described in section 76(3) to every person who objected to the by-law.
Actions if no second objection
77(4) If the board or council does not receive a second objection by the deadline set out in the notice under subsection (3), it may
(a) give the by-law third reading; or
(b) pass a resolution not to proceed with the by-law.
77(5) If the board or council receives a second objection by the deadline set out in the notice under subsection (3), it must refer the objection to
(a) the Municipal Board, in the case of a planning district or a municipality that is not part of a planning district; or
(b) the board of the municipality's planning district, in the case of a municipality that is part of a planning district.
77(6) If the board or council refers an objection under subsection (5), it must not give the by-law third reading unless
(a) the Municipal Board or the board of the planning district makes an order under clause (8)(a), confirming the parts of the by-law that were the subject of the objection; or
(b) it complies with an order of the Municipal Board or the board of the planning district under clause (8)(b) (alteration of by-law).
77(7) Upon receiving an objection referred to it under subsection (5), the Municipal Board or the board of the planning district must
(a) hold a public hearing to receive representations from any person on the objection; and
(b) at least 14 days before the hearing, send notice of the hearing to
(i) the applicant,
(ii) the board or council that referred the objection,
(iii) every person who made a representation at the hearing held under subsection 74(1), and
(iv) any other person it considers appropriate.
77(8) Subject to subsection (10), within 30 days after holding the hearing, the Municipal Board or the board of the planning district must make an order
(a) confirming or refusing to confirm any part of the by-law that was the subject of the objection; or
(b) directing the board or council to alter the by-law in the manner it specifies to address any representations on the objection made at the hearing.
The order may be subject to any terms or conditions the Municipal Board or the board considers advisable.
77(9) The Municipal Board or the board of the planning district must send a copy of its order to the board or council that referred the objection, and to every person who made a representation at the hearing held under subsection (7).
77(10) If the minister is reviewing a development plan by-law or an amendment to a development plan by-law at the same time as an objection to a zoning by-law for the same area is being considered under this section, the Municipal Board or the board of a planning district may delay making an order until the minister has made his or her decision.
77(11) The order of the Municipal Board or the board of the planning district is final and not subject to appeal.
General Adoption Matters
Objections from public authorities
78(1) Despite sections 76 and 77, a second objection to a zoning by-law received from any of the following must be referred to the Municipal Board and dealt with in accordance with the procedure set out in subsections 77(6) to (11):
(a) the minister;
(b) the board of a planning district;
(c) the council of a municipality;
(d) the Government of Canada.
78(2) When an objection is referred to the Municipal Board under subsection (1), any other objection to the by-law must also be referred to the Municipal Board.
79(1) As soon as practicable after a board or council adopts a zoning by-law, it must
(a) send a copy of the by-law to the minister; and
(b) send a notice stating that the by-law was adopted to every person who made a representation at the hearing held under subsection 74(1).
Notice of resolution not to proceed
79(2) As soon as practicable after a board or council passes a resolution not to proceed with a zoning by-law, it must send a copy of the resolution to the minister and every person who made a representation at the hearing held under subsection 74(1).
AMENDMENTS
80(1) An amendment to a zoning by-law may be initiated by
(a) the board or council; or
(b) the owner of the affected property, or a person authorized in writing by the owner, through an application made to the board or council.
Application by owner may be refused
80(2) An application for an amendment to a zoning by-law under clause (1)(b) may be refused if, in the opinion of the board or council,
(a) it is without merit;
(b) the proposed amendment is not generally consistent with the development plan by-law; or
(c) it is the same as or substantially similar to an earlier application that was refused within one year before the day when the new application is made.
80(3) Sections 74 to 79 apply to an amendment to a zoning by-law, with any necessary changes.
Development agreement as condition
81 As a condition of making an amendment to a zoning by-law, the board or council may require the owner of the affected property to enter into a development agreement under section 150.
Exception for minor amendments
82(1) A board or council may apply to the minister to make a minor amendment to a zoning by-law, or to amend the by-law to correct an error or omission, without complying with subsection 80(3). The application must include a copy of the proposed amendment.
82(2) The minister may give the board or council written authorization to amend the zoning by-law without giving public notice or holding a hearing, subject to any conditions set out in the authorization, if the minister is satisfied that
(a) the proposed amendment is a minor one that does not change the intent of the by-law; or
(b) the proposed amendment is required to correct an error or omission.
GENERAL PROVISIONS
83 After a zoning by-law has been given third reading, it is deemed to have been within the power of the board or council to enact, and any proceeding to quash the by-law must be taken in accordance with Division 1 of Part 12 of The Municipal Act.
Effect of zoning by-law on caveats
84 A zoning by-law does not rescind or affect the right of any person to enforce a restriction, interest or covenant affecting land if the restriction, interest or covenant is registered against the land in the land titles office.
Zoning memorandum may be issued
85 A person with an interest in a building, parcel of land or operation involving the use of land may apply to the planning district or municipality for a zoning memorandum that states whether or not the building, parcel, use, or intensity of use appears to conform with the zoning by-law.
NON-CONFORMING USES
Continuance of lawfully existing non-conformities
86(1) Subject to sections 88 to 91, the enactment of a new zoning by-law does not affect any of the following that lawfully existed before the enactment of the new zoning by-law:
(a) a building;
(b) a parcel of land;
(c) the use of land, or the intensity of a use of land.
What constitutes existing building
86(2) Subsection (1) applies to a building if, on the date the zoning by-law is enacted,
(a) the building is lawfully under construction; or
(b) a permit for its construction is in force and effect, and construction of the building is started by the deadline set out in the permit.
What constitutes existing parcel
86(3) Subsection (1) applies to a parcel of land if, on the date the zoning by-law is enacted, a conditional approval for subdivision of the land has been issued by the approving authority under subsection 126 and the subdivision is registered in the land titles office by the deadline set out in the approval.
86(4) Subsection (1) applies to a use of land, or the intensity of a use of land, if, on the date the zoning by-law is enacted, a permit or approval has been issued by the planning district or municipality authorizing the use of land or the intensity of the use of land.
87 A person with an interest in a building, a parcel of land or an operation involving a use of land that does not comply with a zoning by-law may apply to the planning district or municipality for a certificate confirming that the building, parcel, use of land, or intensity of use was lawfully in existence before the enactment of the zoning by-law. The certificate is conclusive evidence of the facts stated in it.
88(1) A board or council may cancel a permit or approval issued under this Act if the development authorized by the permit or approval has not begun before the passing of a zoning by-law that prohibits the issuance of the permit or approval.
88(2) If a permit or approval is cancelled under subsection (1), the planning district or municipality must pay the holder of the permit or approval such expenses for preparation of plans and any promotion in respect of the development for which the permit or approval was issued as may be agreed upon with the district or municipality.
88(3) If no agreement can be reached under subsection (2), the holder of the permit or approval may require the planning district or municipality to submit the claim to arbitration by serving a written notice to that effect on the district or municipality.
88(4) An arbitration of a claim under subsection (3) must be conducted by an arbitrator appointed under The Arbitration Act by the parties or, if they are unable to agree on an arbitrator, by an arbitrator appointed by the minister.
89(1) Construction may be carried out in respect of an existing building that does not conform with a zoning by-law if the construction
(a) does not increase the non-conformity; and
(b) otherwise conforms with the zoning by-law, other by-laws and any variance approved under this Part.
Damaged non-conforming building
89(2) If
(a) a building that does not conform with a zoning by-law is damaged or destroyed; and
(b) the board or council determines that the cost of repairing or rebuilding the building is more than 50% of the cost of constructing an equivalent new building, or such greater percentage as may be specified in the zoning by-law;
the building must not be repaired or rebuilt except in conformity with the zoning by-law and any variance approved under this Part.
No increase or change in non-conforming use
90(1) If the existing use of a building or land does not conform with a zoning by-law, that use may not be intensified or changed to another non-conforming use.
90(2) If the size or dimensions of an existing parcel of land do not conform with a zoning by-law, the owner of the land may
(a) use the land for any use permitted under the by-law; and
(b) if all other requirements of the by-law such as yards, building height, and floor area are met, construct or alter a building on the land.
Discontinuance of non-conforming use
91(1) Unless the zoning by-law provides otherwise, if
(a) the use of land, or the intensity of the use of land, does not conform with a zoning by-law; and
(b) the non-conforming use, or non-conforming intensity of use, has been discontinued for more than 12 consecutive months;
the land must not be used after that time except in conformity with the zoning by-law.
Effect of change of ownership on use
91(2) A change of owners, tenants or occupants of land is not in itself a change of use of land for the purpose of subsection (1).
Non-conformity may be altered by variance
92(1) The board or council may, on application by the owner, or a person authorized in writing by the owner, make a variance order authorizing
(a) construction on a non-conforming building beyond that permitted under subsection 89(1);
(b) an increase in the intensity of an existing non-conforming use, other than a variance to increase the number of animal units in a non-conforming livestock operation;
(c) the repair or rebuilding of a non-conforming building that has sustained more damage than permitted under subsection 89(2); or
(d) the extension of the 12-month time limit under subsection 91(1) for not more than 12 additional months.
92(2) An application under subsection (1) is subject to the hearing and approval process set out in Part 6.
Acquiring non-conforming land or building
93 A planning district or municipality may, by purchase, lease, exchange, or expropriation under The Expropriation Act, acquire a parcel of land or building that does not conform with a zoning by-law. The parcel of land or building may be sold, leased or otherwise disposed of by the district or municipality.
PART 6
VARIANCES
94(1) A person who believes that a zoning by-law adversely affects his or her property rights may apply for an order varying specific provisions of the by-law insofar as they apply to the affected property.
Application to board or council
94(2) The application must be made to
(a) the council of the municipality in which the affected property is located; or
(b) the board of the planning district in which the affected property is located, if the planning district has adopted a district-wide zoning by-law under section 69.
94(3) The application must be in the form and accompanied by any supporting material and fee required by the board or council.
Authority respecting variances
95 A board or council may, by by-law, authorize its planning commission to consider and make decisions on applications for variances or specified types of variances. Applications must be referred to the planning commission in accordance with the by-law.
96 Upon receiving an application under section 94, the board, council or planning commission must
(a) hold a public hearing to receive representations from any person on the application; and
(b) give notice of the hearing in accordance with section 169.
97(1) After holding the hearing, the board, council or planning commission must make an order,
(a) rejecting the requested variance; or
(b) varying the application of specific provisions of the zoning by-law with regard to the affected property in the manner specified in the order if the variance
(i) will be compatible with the general nature of the surrounding area,
(ii) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area,
(iii) is the minimum modification of a zoning by-law required to relieve the injurious affect of the zoning by-law on the applicant's property, and
(iv) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.
97(2) A variance order must not be made if it makes a change of land use other than
(a) a temporary change of land use for a period of not more than five years; or
(b) a change of land use to a use that is substantially similar to a use permitted under the zoning by-law being modified by the variance.
98(1) In making a variance order under clause 97(1)(b), the board, council or planning commission may
(a) impose any conditions on the applicant or the owner of the affected property that it considers necessary to meet the requirements of clause 97(1)(b); and
(b) require the owner of the affected property to enter into a development agreement under section 150.
98(2) A variance order may be revoked if the applicant or the owner of the affected property fails to comply with the variance order or any condition imposed under subsection (1).
99 The board, council or planning commission must send a copy of its order to the applicant and every person who made a representation at the hearing held under section 96.
100(1) The order of a board or council on an application for a variance is final and not subject to appeal.
Appeal of planning commission order
100(2) The order of a planning commission on an application for a variance may be appealed in accordance with sections 34 and 35 (appeal of decision by commission).
101(1) A variance order will expire and cease to have any effect if it is not acted upon within 12 months of the date of the decision.
101(2) A board, council or planning commission may extend the deadline under subsection (1) for an additional period not longer than 12 months if an application is received before the initial deadline.
102(1) A board or council may, by by-law, authorize a designated employee or officer to make an order that varies
(a) any height, distance, area, size or intensity of use requirement in the zoning by-law by no more than 10%; or
(b) the number of parking spaces required by the zoning by-law by no more than 10%.
102(2) An application for a minor variance does not require a hearing under section 96 or notice to any person.
102(3) The designated employee or officer must make an order
(a) rejecting the requested variance; or
(b) varying the application of the zoning by-law with respect to the affected property in accordance with the limits of subsection (1), subject to any conditions considered necessary to meet the requirements of clause 97(1)(b).
Submissions before setting conditions
102(4) A minor variance order must not be made subject to conditions unless the applicant has been given a reasonable opportunity to make representations about the proposed conditions.
102(5) The designated employee or officer must send a copy of the order to the applicant, along with written notice of the applicant's right to appeal the order under subsection (6).
102(6) The applicant may appeal the order of the designated employee or officer, and sections 94 to 100 apply to the appeal, with any necessary changes.
PART 7
CONDITIONAL USES
DIVISION 1
GENERAL CONDITIONAL USES
APPLICATIONS
103(1) No person may undertake a conditional use without first obtaining approval under this Part.
103(2) An application for approval of a conditional use must be made by the owner of the affected property, or a person authorized in writing by the owner.
Application to board or council
103(3) The application must be made to
(a) the council of the municipality in which the affected property is located; or
(b) the board of the planning district in which the affected property is located, if the planning district has adopted a district-wide zoning by-law under section 69.
103(4) The application must be in the form and accompanied by any supporting material and fee required by the board or council.
Authority respecting conditional uses
104 A board or council may, by by-law, authorize a planning commission to consider and make decisions on applications for conditional uses or specified types of conditional uses. Applications must be referred to the planning commission in accordance with the by-law.
105 Upon receiving an application for approval of a conditional use, the board, council, or planning commission must
(a) hold a public hearing to receive representations from any person on the application; and
(b) give notice of the hearing in accordance with section 169.
106(1) After holding the hearing, the board, council or planning commission must make an order
(a) rejecting the application; or
(b) approving the application if the conditional use proposed in the application
(i) will be compatible with the general nature of the surrounding area,
(ii) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area, and
(iii) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.
106(2) When approving an application for a conditional use, the board, council or planning commission may, subject to section 107 and subsections 116(2) and (3) (conditions on livestock operations),
(a) impose any conditions on the approval that it considers necessary to meet the requirements of clause (1)(b); and
(b) require the owner of the affected property to enter into a development agreement under section 150.
106(3) The approval of a conditional use may be revoked if the applicant or the owner of the affected property fails to comply with the conditional use order or a condition imposed under subsection (2).
106(4) A condition imposed on the approval of a conditional use may be changed only by following the same process required to approve a new conditional use under this Part.
Conditions on small livestock operations
107(1) Only the following conditions may be imposed on the approval of a conditional use for a livestock operation involving fewer than 300 animal units, and any condition must be relevant and reasonable:
(a) measures to ensure conformity with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law;
(b) one or both of the following measures intended to reduce odours from the livestock operation:
(i) requiring covers on manure storage facilities,
(ii) requiring shelter belts to be established;
(c) requiring the owner of the affected property to enter into a development agreement dealing with the affected property and any contiguous land owned or leased by the owner, on one or more of the following matters:
(i) the timing of construction of any proposed building,
(ii) the control of traffic,
(iii) the construction or maintenance — at the owner's expense or partly at the owner's expense — of roads, traffic control devices, fencing, landscaping, shelter belts or site drainage works required to service the livestock operation,
(iv) the payment of a sum of money to the planning district or municipality to be used to construct anything mentioned in subclause (iii).
107(2) No conditions may be imposed respecting the storage, application, transport or use of manure from a livestock operation described in subsection (1), other than a condition permitted under clause (1)(b).
108 The board, council or planning commission must send a copy of its order to the applicant and every person who made a representation at the hearing held under section 105.
109(1) The order of a board or council on an application for approval of a conditional use is final and not subject to appeal.
Appeal of planning commission order
109(2) The order of a planning commission on an application for approval of a conditional use may be appealed in accordance with sections 34 and 35 (appeal of decision by commission).
110(1) The approval of a conditional use under this Part will expire and cease to have any effect if it is not acted upon within 12 months of the date of the decision.
110(2) A board, council or planning commission may extend the deadline under subsection (1) for an additional period not longer than 12 months if an application is received before the initial deadline.
DIVISION 2
LARGE-SCALE CONDITIONAL USE
LIVESTOCK OPERATIONS
111(1) An application to approve a conditional use for a livestock operation involving 300 or more animal units must be made and dealt with in accordance with this Division.
111(2) Sections 103, 104, 109 and 110 and subsection 106(4) apply to an application that is subject to this Division.
Minister to receive copy of application
112 A board, council or planning commission must ensure that when an application that is subject to this Division is received, a copy of the application and all supporting material is sent to the minister as soon as reasonably practicable.
TECHNICAL REVIEW COMMITTEES
Appointment of Technical Review Committees
113(1) The minister may appoint a committee, to be known as the Technical Review Committee, for each region of the province.
Application referred to T.R.C.
113(2) Upon receiving an application under this Division, the minister must refer it to the appropriate Technical Review Committee for review.
Committee may require additional material
113(3) The Technical Review Committee may require the applicant to provide material in addition to the material required under subsection 103(4).
113(4) The Technical Review Committee must prepare a report setting out its findings and recommendations respecting the application and give the report to the board, council or planning commission.
Report available for inspection
113(5) The Technical Review Committee report must be available for inspection and copying at the office of the applicable planning district or municipality.
HEARINGS
114(1) The board, council or planning commission must fix a date for the hearing of an application under this Division, which must be at least 30 days after it receives the Technical Review Committee report respecting the application.
114(2) At least 14 days before the date of hearing, the board, council or planning commission must
(a) send notice of the hearing to
(i) the applicant,
(ii) the minister,
(iii) all adjacent planning districts and municipalities, and
(iv) every owner of property located within three kilometres of the site of the proposed livestock operation, even if a property is located outside the boundaries of the planning district or municipality;
(b) publish the notice of hearing in one issue of a newspaper with a general circulation in the planning district or municipality or, when there is no newspaper with a general circulation in the area, post the notice in the office of the planning district or municipality and at least two other public places in the district or municipality; and
(c) post a copy of the notice of hearing on the affected property in accordance with section 170.
114(3) The notice of hearing must include notice that the Technical Review Committee report is available for inspection and copying at the office of the planning district or municipality.
115 At the hearing, the board, council or planning commission must receive representations from any person on the application.
DECISION
116(1) After holding the hearing, the board, council or planning commission must make an order
(a) rejecting the application; or
(b) approving the application if
(i) the Technical Review Committee has determined, based on the available information, that the proposed operation will not create a risk to health, safety or the environment, or that any risk can be minimized through the use of appropriate practices, measures and safeguards, and
(ii) the proposed operation
(A) will be compatible with the general nature of the surrounding area,
(B) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area, and
(C) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.
Conditions on livestock operations
116(2) Only the following conditions may be imposed on the approval of an application under this Division, and any condition must be relevant and reasonable:
(a) measures to ensure conformity with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law;
(b) measures to implement recommendations made by the Technical Review Committee;
(c) one or both of the following measures intended to reduce odours from the livestock operation:
(i) requiring covers on manure storage facilities,
(ii) requiring shelter belts to be established;
(d) requiring the owner of the affected property to enter into a development agreement under clause 107(1)(c).
116(3) No conditions may be imposed respecting the storage, application, transport or use of manure from a livestock operation that is the subject of an application under this Division other than a condition permitted under clause (2)(c).
116(4) The approval of a livestock operation subject to this Division may be revoked if the applicant or the owner of the affected property fails to comply with the conditional use order or a condition imposed under subsection (2).
117 The board, council or planning commission must send a copy of its order to
(a) the applicant;
(b) the minister; and
(c) every person who made a representation at the hearing held under section 115.
No development until all approvals obtained
118 No development or expansion of a livestock operation that is the subject of an application under this Division may take place until
(a) the application is approved and the applicant complies, or agrees to comply, with any condition imposed on the approval under this Division; and
(b) the applicant obtains every approval, including any permit or licence, required under an Act, regulation or by-law in respect of the proposed operation or expansion, and complies with, or agrees to comply with, any condition attached to the approval. PART 8
SUBDIVISION CONTROL
DEFINITIONS
119(1) The following definitions apply in this Part.
"applicant" means a person who applies for subdivision approval under section 124. (« auteur de la demande »)
"approving authority" means the minister or a board authorized by the minister under section 120. (« autorité compétente »)
"railway line" means the track, land and structure on which a railway may be operated and includes all extra rights of way, auxiliary tracks, spurs, wyes, sidings, station grounds and yards. (« ligne de chemin de fer »)
"registered plan of subdivision does not include an explanatory plan filed in the land titles office under section 127 of The Real Property Act. (« plan de lotissement enregistré »)
Mines and minerals not included
119(2) In this Part, "land" does not include mines and minerals or sand and gravel.
120 At the request of the board of a planning district, the minister may authorize the board to act as the approving authority for the area under its jurisdiction, subject to any conditions the minister considers appropriate.
WHEN SUBDIVISION APPROVAL IS REQUIRED
Approval required for subdivision of land
121(1) A district registrar may not accept for registration any instrument that has the effect, or may have the effect, of subdividing a parcel of land, including
(a) a plan of subdivision;
(b) a plan of survey;
(c) an order or judgment of a court; and
(d) a caveat;
unless the subdivision has been approved by the approving authority.
Cases in which approval is not required
121(2) As exceptions to subsection (1), a district registrar may accept an instrument that has the effect, or may have the effect, of subdividing a parcel of land in any of the following circumstances:
(a) each parcel resulting from the subdivision consists of
(i) at least 80 acres, and either abuts on a public road or is being consolidated with an adjoining parcel that abuts on a public road,
(ii) two or more legal subdivisions that abut each other, and either abut on a public road or are being consolidated with an adjoining parcel that abuts on a public road,
(iii) a parcel of ap