HomeS.M. 2005, c. 30
Bill 33, 3rd Session, 38th Legislature
The Planning Act
| Back to the Act |
| PART 1 | |
| INTRODUCTORY PROVISIONS | |
| 1(1) | Definitions |
| (2) | Reference to "Act" includes regulations |
| 2 | Application |
| 3 | Application to unorganized territory |
| PART 2 | |
| PROVINCIAL AND REGIONAL PLANNING | |
| DIVISION 1 | |
| PROVINCIAL LAND USE POLICIES | |
| 4(1) | Provincial land use policies |
| (2) | Application to Winnipeg |
| (3) | Contents of policies |
| DIVISION 2 | |
| REGIONAL STRATEGIES | |
| 5(1) | Regional strategy |
| (2) | Purpose of strategy |
| (3) | Contents of regional strategy |
| (4) | Consistency with provincial land use policies |
| 6 | Assistance from minister |
| 7(1) | Public meetings |
| (2) | Consultation with minister |
| 8(1) | Effective date |
| (2) | Amendments |
| 9 | Effect of regional strategy |
| 10(1) | City of Winnipeg |
| (2) | Application |
| DIVISION 3 | |
| SPECIAL PLANNING AREAS | |
| 11(1) | Establishing special planning area |
| (2) | Consultation required |
| (3) | Term of designation |
| 12 | Development in special planning area |
| PART 3 | |
| PLANNING AUTHORITIES | |
| DIVISION 1 | |
| MUNICIPALITIES | |
| 13 | Role of municipalities |
| DIVISION 2 | |
| PLANNING DISTRICTS | |
| ROLE | |
| 14 | Role of planning districts |
| 15(1) | Agreements |
| (2) | Additional responsibilities |
| ESTABLISHMENT | |
| 16(1) | Application to establish district |
| (2) | Resolutions |
| (3) | Requirement for public hearing |
| 17(1) | Establishment of planning district |
| (2) | Contents of regulation |
| STRUCTURE AND ADMINISTRATION | |
| 18(1) | Corporate status |
| (2) | Corporation without share capital |
| (3) | Applicability of Corporations Act |
| 19(1) | Board to manage affairs |
| (2) | Minimum representation |
| (3) | Member from L.G.D. |
| 20(1) | First directors |
| (2) | Term of office of first directors |
| 21(1) | Organizational and procedural by-laws |
| (2) | Compensation by-law |
| (3) | General powers re by-laws |
| 22(1) | Financial contributions |
| (2) | Annual report |
| 23 | Dispute resolution |
| 24 | Employees |
| CHANGES TO PLANNING DISTRICTS | |
| Change in Name | |
| 25(1) | Application for name change |
| (2) | Name change |
| (3) | Liability unchanged |
| Alteration, Dissolution and Amalgamation | |
| 26(1) | Application for alteration or dissolution |
| (2) | Application for amalgamation |
| 27(1) | Requirements for adding municipality |
| (2) | Requirements for dissolution or removal |
| (3) | Requirements for amalgamation |
| 28(1) | Referral to Municipal Board |
| (2) | Consultation and hearing |
| (3) | Recommendation to minister |
| Decision | |
| 29(1) | Decision |
| (2) | Amendments to regulation |
| (3) | Distribution of assets and liabilities |
| (4) | Result of amalgamation |
| 30(1) | Development plan continues to apply |
| (2) | When municipal development plan applies |
| DIVISION 3 | |
| PLANNING COMMISSIONS | |
| ESTABLISHMENT | |
| 31 | Planning commissions |
| 32(1) | By-law requirements |
| (2) | Composition of commission |
| ROLE OF PLANNING COMMISSIONS | |
| Decisions | |
| 33 | Decisions by planning commission |
| 34(1) | Notice of decision |
| (2) | Appeal of decision by commission |
| (3) | Notice of appeal |
| (4) | Decision final if no appeal |
| 35(1) | Appeal to board or council |
| (2) | Notice of hearing |
| (3) | Who may not hear appeal |
| (4) | Quorum not lost |
| (5) | New hearing |
| Hearings | |
| 36(1) | Hearings by planning commission |
| (2) | Report to board or council |
| GENERAL | |
| 37 | Resolutions |
| 38 | Deemed hearing by board or council |
| 39 | Commission must meet all requirements |
| PLANS | |
| DIVISION 1 | |
| DEVELOPMENT PLANS | |
| REQUIREMENTS | |
| 40(1) | Development plan for planning districts |
| (2) | Development plan for municipalities |
| (3) | Exception |
| 41 | Consistency with provincial land use policies |
| 42(1) | Requirements of development plan |
| (2) | Livestock operation policy |
| (3) | Restriction on designation |
| 43 | Deadline for review |
| 44(1) | Meetings and consultation |
| (2) | Consultation with councils |
| ADOPTION PROCESS | |
| 45 | Adoption |
| 46(1) | Public hearing |
| (2) | Actions after hearing |
| (3) | Notice of resolution not to proceed |
| 47(1) | Submission to minister |
| (2) | Requirements |
| (3) | No adoption until approval |
| 48 | Notice of second reading |
| 49 | Referral to Municipal Board |
| 50(1) | Municipal Board hearing |
| (2) | Report to minister |
| 51(1) | Minister's decision |
| (2) | Consultation |
| (3) | Notice of decision |
| 52 | Third reading |
| 53 | Notice of adoption |
| 54 | By-law not subject to appeal |
| 55 | Resolution not to proceed |
| AMENDMENTS AND REVIEW | |
| 56(1) | Amending development plan by-law |
| (2) | Application by owner may be refused |
| 57 | Amendment process |
| 58(1) | Exception for minor amendments |
| (2) | Decision |
| 59(1) | Periodic review |
| (2) | Minister's order for review |
| (3) | Method of review |
| (4) | By-law to be re-enacted or replaced |
| POWERS OF MINISTER | |
| 60 | Order |
| 61(1) | Minister may amend or replace by-law |
| (2) | Referral to Municipal Board |
| (3) | Approval by Order in Council |
| APPLICATION OF PROVINCIAL LAND USE POLICIES | |
| 62(1) | Policies do not apply |
| (2) | Policies apply to amendments and review |
| DIVISION 2 | |
| SECONDARY PLANS | |
| 63(1) | Adoption of secondary plans |
| (2) | Consistency with development plan by-law |
| 64 | Adoption process |
| DIVISION 3 | |
| GENERAL | |
| 65 | Compliance with plans |
| 66 | Acquisition and disposal of land |
| 67 | Revoking development plan by-law |
| PART 5 | |
| ZONING BY-LAWS | |
| REQUIREMENTS | |
| 68 | Zoning by-law required |
| 69(1) | District-wide zoning by-law |
| (2) | Effect on municipal zoning by-law |
| 70 | Exception |
| 71(1) | Zoning by-law requirements |
| (2) | General development requirements |
| (3) | Contents of zoning by-law |
| (4) | Power to prohibit includes power to permit |
| 72(1) | Zoning by-laws for livestock operations |
| (2) | Restricted zoning for large livestock operations |
| (3) | Siting and setback of livestock operations |
| 73 | Incentive zoning |
| ADOPTION OF ZONING BY-LAW | |
| 74(1) | Public hearing |
| (2) | Alteration to zoning by-law |
| (3) | No hearing for minor alteration |
| 75 | Adoption if no objection |
| When Planning Commission Holds Hearing | |
| 76(1) | Objections at planning commission hearing |
| (2) | Options of board or council |
| (3) | Notice to objectors |
| (4) | Actions if no second objection |
| (5) | Hearing on second objection |
| (6) | Decision |
| When Board or Council Holds Hearing | |
| 77(1) | Objections at board or council hearing |
| (2) | Options of board or council |
| (3) | Notice to objectors |
| (4) | Actions if no second objection |
| (5) | Referring second objection |
| (6) | Requirement for third reading |
| (7) | Hearing |
| (8) | Order |
| (9) | Notice of decision |
| (10) | Delayed decision |
| (11) | Order not subject to appeal |
| General Adoption Matters | |
| 78(1) | Objections from public authorities |
| (2) | Transfer of objections |
| 79(1) | Notice of adoption |
| (2) | Notice of resolution not to proceed |
| AMENDMENTS | |
| 80(1) | Amending zoning by-law |
| (2) | Application by owner may be refused |
| (3) | Amendment process |
| 81 | Development agreement as condition |
| 82(1) | Exception for minor amendments |
| (2) | Decision |
| GENERAL PROVISIONS | |
| 83 | Quashing of by-law |
| 84 | Effect of zoning by-law on caveats |
| 85 | Zoning memorandum may be issued |
| NON-CONFORMING USES | |
| 86(1) | Continuance of lawfully existing non-conformities |
| (2) | What constitutes existing building |
| (3) | What constitutes existing parcel |
| (4) | What constitutes existing use |
| 87 | Certificate of non-conformity |
| 88(1) | Cancellation of permits |
| (2) | Agreement on expenses |
| (3) | Arbitration if no agreement |
| (4) | Conduct of arbitration |
| 89(1) | Limits on construction |
| (2) | Damaged non-conforming building |
| 90(1) | No increase or change in non-conforming use |
| (2) | Non-conforming parcels |
| 91(1) | Discontinuance of non-conforming use |
| (2) | Effect of change of ownership on use |
| 92(1) | Non-conformity may be altered by variance |
| (2) | Variation procedure applies |
| 93 | Acquiring non-conforming land or building |
| PART 6 | |
| VARIANCES | |
| 94(1) | Applicants |
| (2) | Application to board or council |
| (3) | Application requirements |
| 95 | Authority respecting variances |
| 96 | Public hearing |
| 97(1) | Decision |
| (2) | Restrictions on variances |
| 98(1) | Conditions of order |
| (2) | Revoking variance order |
| 99 | Notice of decision |
| 100(1) | No appeal |
| (2) | Appeal of planning commission order |
| 101(1) | Expiry of variance order |
| (2) | Extending approval deadline |
| 102(1) | Authority re minor variances |
| (2) | No notice or hearing required |
| (3) | Decision on minor variances |
| (4) | Submissions before setting conditions |
| (5) | Notice to applicant |
| (6) | Appeal of minor variance |
| PART 7 | |
| CONDITIONAL USES | |
| DIVISION 1 | |
| GENERAL CONDITIONAL USES | |
| APPLICATIONS | |
| 103(1) | Requirement for approval |
| (2) | Applicants |
| (3) | Application to board or council |
| (4) | Application requirements |
| 104 | Authority respecting conditional uses |
| 105 | Public hearing |
| 106(1) | Decision |
| (2) | Conditions of approval |
| (3) | Revoking approval |
| (4) | Modification of conditions |
| 107(1) | Conditions on small livestock operations |
| (2) | No conditions re manure |
| 108 | Notice of decision |
| 109(1) | No appeal |
| (2) | Appeal of planning commission order |
| 110(1) | Expiry of approval |
| (2) | Extending approval deadline |
| DIVISION 2 | |
| LARGE-SCALE CONDITIONAL USE | |
| LIVESTOCK OPERATIONS | |
| 111(1) | Application |
| (2) | Applicability of Division 1 |
| 112 | Minister to receive copy of application |
| TECHNICAL REVIEW COMMITTEES | |
| 113(1) | Appointment of Technical Review Committees |
| (2) | Application referred to T.R.C. |
| (3) | Committee may require additional material |
| (4) | T.R.C. report |
| (5) | Report available for inspection |
| HEARINGS | |
| 114(1) | Hearing date |
| (2) | Notice of hearing date |
| (3) | Notice of T.R.C. report |
| 115 | Hearing |
| DECISION | |
| 116(1) | Decision |
| (2) | Conditions on livestock operations |
| (3) | No conditions re manure |
| (4) | Revoking approval |
| 117 | Notice of decision |
| 118 | No development until all approvals obtained |
| SUBDIVISION CONTROL | |
| DEFINITIONS | |
| 119(1) | Definitions |
| (2) | Mines and minerals not included |
| 120 | Board as approving authority |
| WHEN SUBDIVISION APPROVAL IS REQUIRED | |
| 121(1) | Approval required for subdivision of land |
| (2) | Cases in which approval is not required |
| (3) | Parcel includes public road, etc. |
| (4) | Contiguity of land |
| (5) | Easement not a subdivision |
| (6) | Affidavit or statutory declaration may be required |
| (7) | Effect of zoning by-law |
| (8) | Caveat void |
| 122 | Unregistered instrument effecting subdivision |
| RESTRICTION ON SUBDIVISION APPROVAL | |
| 123 | Restriction on approvals |
| APPLYING FOR SUBDIVISION APPROVAL | |
| 124(1) | Application for subdivision approval |
| (2) | Approving authority to prepare report |
| REVIEW BY COUNCIL | |
| 125(1) | Review by council |
| (2) | Hearing when road created |
| (3) | Council's decision final |
| (4) | Notice to approving authority |
| FINAL DECISION BY APPROVING AUTHORITY | |
| 126(1) | Role of approving authority |
| (2) | Decision of approving authority |
| (3) | Notice of decision |
| (4) | New or varied conditions |
| (5) | If no decision within 60 days |
| 127 | Conditional approval valid for 2 years |
| 128(1) | Revoking a conditional approval |
| (2) | Notice |
| (3) | Revocation final |
| APPEAL TO MUNICIPAL BOARD | |
| 129(1) | Right to appeal |
| (2) | No appeal if council rejects application |
| (3) | How to appeal |
| (4) | Notice of appeal |
| 130(1) | Appeal hearing |
| (2) | Notice of hearing |
| 131(1) | Decision of Municipal Board |
| (2) | Notice of decision |
| (3) | If conditions not met within 2 years |
| CERTIFICATE OF APPROVAL | |
| 132(1) | Certificate of approval |
| (2) | Certificate issued in 30 days |
| (3) | Notice to council and minister |
| (4) | Certificate valid for 12 months |
| (5) | No certificate until appeal settled |
| WAITING PERIOD FOR NEW APPLICATIONS | |
| 133 | Six-month wait before applying again |
| SHORTENED PROCESS FOR MINOR SUBDIVISIONS | |
| 134(1) | Definition of "minor subdivision" |
| (2) | Conditions for minor subdivisions |
| (3) | Shortened process |
| (4) | Decision of designated employee |
| CONDITIONS OF SUBDIVISION APPROVAL | |
| 135 | Conditions of approval |
| 136(1) | Money in place of public reserve or school lands |
| (2) | Council must specify payment as a condition |
| (3) | Agreement about the amount |
| (4) | Arbitration |
| 137 | Errors in approvals or plans |
| USE AND DISPOSAL OF PUBLIC RESERVE LAND | |
| 138(1) | Uses of public reserve land |
| (2) | Land deemed to be public reserve land |
| 139(1) | Closing public reserve land |
| (2) | Notice and hearing of public reserve closing |
| 140(1) | Money in place of reserve land |
| (2) | Use of money |
| 141(1) | Money in place of school lands |
| (2) | Use of school lands, money |
| (3) | Notice of intention to dispose of land and hearing |
| FEES, CHARGES AND CAPITAL LEVIES | |
| 142(1) | By-laws establishing fees and charges |
| (2) | Examination and approval services |
| 143(1) | Levies established by by-law |
| (2) | Establishment of reserve funds |
| OBSOLETE PLANS OF SUBDIVISION | |
| 144(1) | Obsolete plans of subdivision |
| (2) | Registration in land titles office |
| (3) | Notice and hearing |
| (4) | Action of planning authority |
| (5) | Decision distributed |
| (6) | Discharge |
| (7) | Plan declared obsolete cannot be revived |
| CANCELLING PLANS OF SUBDIVISION | |
| 145(1) | Application for order cancelling or amending registered plan |
| (2) | Notice of hearing |
| (3) | Decision of Municipal Board |
| (4) | Municipal Board Act applies |
| (5) | Principles of re-subdivision of a cancelled plan |
| (6) | Municipality as owner |
| REGULATIONS | |
| 146(1) | Subdivision regulations |
| (2) | Regulations may be limited |
| PART 9 | |
| DEVELOPMENT REQUIREMENTS | |
| DEVELOPMENT PERMITS | |
| 147(1) | Development permit required |
| (2) | Application to board or council |
| 148(1) | Decision on development permit |
| (2) | Review of application |
| (3) | Withholding development permit |
| (4) | Refusal to issue withheld permit |
| (5) | No further withholding |
| (6) | Compensation for withholding |
| 149 | Dwelling units permitted on a parcel |
| 150 | Development agreements |
| 151(1) | Registering development agreements |
| (2) | Agreement before amendment or order |
| PART 10 | |
| NORTHERN MANITOBA | |
| INTERPRETATION | |
| 152(1) | Meaning of "minister" |
| (2) | Definitions from Northern Affairs Act |
| APPLICATION TO NORTHERN MANITOBA | |
| 153(1) | Application to Northern Manitoba |
| (2) | References to "minister" |
| 154 | Incorporated communities |
| 155 | Unincorporated areas |
| 156(1) | Delegation of minister's authority |
| (2) | Delegation subject to terms and conditions |
| 157 | Municipal Board |
| LAND USE PLANNING | |
| 158(1) | Land use control may be adopted |
| (2) | Adoption by incorporated communities |
| (3) | Adoption by communities |
| (4) | Adoption in other areas of Northern Manitoba |
| 159 | Modified adoption of development plan by-law |
| 160(1) | Filing requirement |
| (2) | Delayed coming into force |
| (3) | Disallowing by-law |
| 161 | Transitional provisions apply |
| SUBDIVISION CONTROL | |
| 162 | Approving authority for subdivision |
| PART 11 | |
| NOTICES AND HEARINGS | |
| DIVISION 1 | |
| NOTICES | |
| GENERAL | |
| 163(1) | Sending notice |
| (2) | Deemed receipt |
| 164 | Alternate service |
| 165 | Notice for written submissions |
| NOTICE OF HEARINGS | |
| 166 | Notice of hearing |
| 167 | Contents of notice |
| 168(1) | Notice re planning districts, development plans and zoning by-laws |
| (2) | Publication requirements |
| (3) | Required notice |
| (4) | Notice to affected property owners |
| 169(1) | Notice re certain applications |
| (2) | Required notice |
| (3) | Notice to affected property owners |
| (4) | Notice of variance involving livestock operations |
| 170(1) | Posting requirements |
| (2) | Proof of posting |
| 171 | Inspection of documents |
| DIVISION 2 | |
| HEARINGS | |
| 172(1) | Conduct of hearing |
| (2) | Adjournment |
| 173(1) | Representations |
| (2) | Recording representations |
| 174(1) | Combined hearings |
| (2) | Notice of combined hearings |
| PART 12 | |
| ENFORCEMENT | |
| 175(1) | Authority to inspect and enforce |
| (2) | Related inspection powers |
| (3) | No interference |
| 176(1) | Requirements |
| (2) | Identification |
| (3) | No notice in emergencies |
| 177 | Warrant |
| 178(1) | Order to remedy contravention |
| (2) | Content of order |
| (3) | Review by board or council |
| (4) | Powers of board or council |
| 179(1) | District or municipality remedying contraventions |
| (2) | Costs |
| 180 | Injunction |
| OFFENCES AND PENALTIES | |
| 181(1) | Offences |
| (2) | Continuing offences |
| (3) | Directors and officers |
| 182(1) | General penalty |
| (2) | Orders in addition to penalty |
| 183 | Time limit for prosecution |
| PART 13 | |
| MISCELLANEOUS PROVISIONS | |
| 184 | Designated employees and officers |
| 185 | Third reading deadline does not apply |
| 186 | Records of planning district |
| 187(1) | Limited restrictions on livestock operations |
| (2) | When by-law does not apply to livestock operation |
| 188 | Alteration of boundaries |
| 189(1) | Duties of minister |
| (2) | Minister may provide planning assistance |
| 190(1) | Interdepartmental Planning Board |
| (2) | Duties of Interdepartmental Planning Board |
| 191 | Act prevails |
| 192 | Protection from liability |
| 193(1) | Regulations by L.G. in C. |
| (2) | Ministerial regulations |
| PART 14 | |
| TRANSITIONAL | |
| INTERPRETATION | |
| 194(1) | Definitions |
| (2) | Planning statement deemed development plan |
| (3) | Planning scheme deemed zoning by-law |
| MATTERS UNDER THE FORMER ACT | |
| 195(1) | Planning districts continued |
| (2) | Board of district continued |
| (3) | Adopting by-laws |
| 196 | Development plan by-law continues |
| 197(1) | Zoning by-law continues |
| (2) | Deemed amendment of zoning by-law |
| (3) | Exception for planning scheme |
| 198 | By-laws and decisions continue |
| 199 | Permits and orders continue |
| 200 | Agreements and contracts continue |
| DEVELOPMENT PLAN BY-LAWS AND ZONING BY-LAWS | |
| 201 | Development plan by-law deadline |
| 202(1) | Zoning by-law deadline |
| (2) | Exception |
| 203 | Extension of deadline |
| DEVELOPMENT APPROVAL | |
| 204 | Applications before Act in force |
| 205 | Transitional approval requirements |
| 206(1) | Approval required |
| (2) | Exception |
| General Development | |
| 207 | General development approval |
| Small-Scale Livestock Operations | |
| 208 | Small livestock operation approval |
| Large-Scale Livestock Operations | |
| 209(1) | Hearings required for large operations |
| (2) | Large operations with no land use planning |
| (3) | Large operations with no zoning by-law |
| (4) | Large operations with no development plan |
| Subdivision | |
| 210(1) | Subdivision applications |
| (2) | Additional requirements |
| (3) | Additional condition of approval |
| 211(1) | Transitional regulations |
| (2) | Timing of regulations |
| PART 15 | |
| CONSEQUENTIAL AND | |
| CONDITIONAL AMENDMENTS | |
| 212 | Consequential amendment, C.C.S.M. c. H40 |
| 213(1) | Consequential amendment, C.C.S.M. c. H50 |
| (2) | |
| (3) | |
| 214 | Consequential amendment, C.C.S.M. c. N100 |
| 215 | Consequential amendment, C.C.S.M. c. R30 |
| 216 | Consequential amendment, S.M. 2002, c. 39 |
| 217 | Conditional amendment |
| APPLICATION OF WATER PROTECTION ACT | |
| 62.1 | Consideration of Water Protection Act |
| PART 16 | |
| REPEAL, C.C.S.M. REFERENCE | |
| AND COMING INTO FORCE | |
| 218 | Repeal |
| 219 | C.C.S.M. reference |
| 220(1) | Coming into force |
| (2) | Coming into force: section 217 |
