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The Planning Amendment Act (Special Planning Areas)

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S.M. 2015, c. 26

Bill 13, 4th Session, 40th Legislature

The Planning Amendment Act (Special Planning Areas)

(Assented to November 5, 2015)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P80 amended

1           The Planning Act is amended by this Act.

2(1)        Subsection 1(1) is amended by adding the following definitions:

"inland port area" means the inland port area as described in the Schedule to The CentrePort Canada Act. (« zone intermodale »)

"prescribed" means prescribed by regulation.

"regulation" means a regulation made under this Act. (« règlement »)

"special planning area" means a special planning area established under section 11. (« circonscription spéciale d'aménagement du territoire »)

"special planning authority" means a special planning authority established under section 12.1. (« autorité responsable d'une circonscription spéciale d'aménagement du territoire »)

2(2)        Subsection 1(1) is further amended by replacing the definitions "development plan by-law", "secondary plan by-law" and "zoning by-law" with the following:

"development plan by-law" means a by-law adopting a development plan for a planning district or municipality under Part 4, and includes a development plan by-law prescribed for a special planning area under Division 3 of Part 2. (« règlement portant sur un plan de mise en valeur »)

"secondary plan by-law" means a by-law adopting a secondary plan for a planning district or municipality under Part 4, and includes a secondary plan by-law prescribed for a special planning area under Division 3 of Part 2. (« règlement portant sur un plan secondaire »)

"zoning by-law" means a by-law adopted by a board or council under Part 5, and includes a zoning by-law prescribed for a special planning area under Division 3 of Part 2. (« règlement de zonage »)

3           Division 3 of Part 2 is replaced with the following:

DIVISION 3

SPECIAL PLANNING AREAS

ESTABLISHMENT

Inland Port Special Planning Area

11(1)       The area of the Rural Municipality of Rosser that is the inland port area is hereby established as the Inland Port Special Planning Area.

Regulations re special planning area

11(2)       The Lieutenant Governor in Council may make regulations prescribing

(a) additional land within the inland port area to be included in the Inland Port Special Planning Area;

(b) any other area of the province to be a special planning area if the area has a special regional or provincial significance.

Name and boundaries

11(3)       A regulation establishing a special planning area must name the area and set out its boundaries.

Consultation required

11(4)       Before a regulation is made establishing a special planning area, the minister must consult with the board of every planning district and the council of every municipality whose area includes land that is proposed to come within the special planning area.

REGULATING LAND USE IN SPECIAL PLANNING AREAS

Land use within special planning area

12(1)       The minister

(a) may, by a regulation made under clause (5)(a), adopt the development plan by-law, zoning by-law and all other by-laws respecting land use in a special planning area; and

(b) is responsible for the administration and enforcement of those by-laws.

No overlapping by-laws

12(2)       Once an area is included in a special planning area, any development plan by-law, zoning by-law or other by-law respecting land use that was adopted by a board or council ceases to apply to land in the area.

Jurisdiction that remains unchanged

12(3)       Land within a special planning area remains subject to the jurisdiction of the applicable municipality, or the planning district whose membership includes the municipality, in respect of

(a) building by-laws and by-laws dealing with minimum standards of maintenance and occupancy of buildings; and

(b) the following provisions of this Act:

(i) sections 136 and 138 to 141 (public reserves),

(ii) section 143 (development levies),

(iii) section 147 and subsections 148(1) and (2) (development permits),

(iv) a prescribed provision.

Minister is approving authority re subdivisions

12(4)       For certainty,

(a) the minister is the approving authority for the subdivision of land in a special planning area; and

(b) regulations made under section 146 (subdivision regulations) do not apply to a special planning area.

Regulations for land use in a special planning area

12(5)       The minister may make regulations respecting land use planning for special planning areas, including regulations

(a) adopting a development plan by-law, one or more secondary plan by-laws and a zoning by-law for a special planning area;

(b) respecting the process to be followed in making, reviewing or repealing a by-law adopted under clause (a), including the process to be followed if there is an objection;

(c) respecting the making of applications to amend a development plan by-law, a secondary plan by-law or a zoning by-law, including who is eligible to make such an application, and the process to be followed in considering applications and approving, refusing or rejecting applications;

(d) providing for the consideration and determination of applications for variances and conditional uses in respect of a zoning by-law for a special planning area;

(e) respecting appeals of decisions made in respect of the matters described in clause (c) or (d), including designating a special planning authority, the Municipal Board or another entity to hear and decide the appeal;

(f) respecting the form and manner in which an appeal must be made, the time within which an appeal must be made and the consequences of not making an appeal in accordance with the regulations;

(g) respecting the issuance of zoning memoranda in respect of zoning in a special planning area;

(h) respecting the approval of the subdivision of land, and the cancellation of plans of subdivision, in a special planning area, including the making of subdivision applications and the process to be followed in considering subdivision applications and approving, refusing or rejecting subdivision applications;

(i) respecting conditions that may be imposed on an approval, including who may impose conditions;

(j) respecting the terms and conditions that may be included in development agreements entered into with the government;

(k) respecting notice to be given in respect of land use matters within a special planning area, including who must give notice, the manner in which notices are to be given and when, and to whom, notice must be given;

(l) prescribing fees, costs and other amounts charged or payable in respect of land use matters within the area, or the manner of calculating them;

(m) requiring the payment, and permitting the waiver and refund, of fees, costs and other amounts;

(n) respecting provisions of this Act that, in regard to land in a special planning area, remain within the jurisdiction of a planning district or municipality;

(o) respecting the application, addition, change or substitution of a provision of this or another Act to a special planning area;

(p) respecting transitional matters when land in an area of a planning district or municipality is prescribed to be in a special planning area;

(q) respecting any other matter the minister considers necessary or advisable for effective and efficient land use planning in a special planning area.

Regulations may authorize different process for minor matters

12(6)       A regulation under subsection (5) may provide a different process for considering and approving a minor subdivision of land or a minor amendment to the development plan by-law, a secondary plan by-law or zoning by-law for correcting an error or omission in such a by-law.

PLANNING AUTHORITIES FOR SPECIAL PLANNING AREAS

General

Inland Port Special Planning Authority

12.1(1)     The Inland Port Special Planning Authority is hereby established.

Establishment of other special planning authorities

12.1(2)     A special planning authority must be established by regulation for each special planning area.

Mandate of a special planning authority

12.2(1)     The mandate of a special planning authority is, in respect of its special planning area,

(a) to hold hearings to consider

(i) the adoption of, or an amendment to, a development plan by-law, a secondary plan by-law or a zoning by-law,

(ii) subdivision applications, if the proposed subdivision will result in the creation of a new public road, and

(iii) the declaration of an obsolete plan of subdivision;

(b) to hear and decide appeals respecting applications for variances and for conditional uses referred to the authority in accordance with the regulations;

(c) to advise and assist the minister on matters affecting land use planning within the area; and

(d) to perform any other duties assigned to it by the minister.

Report to minister

12.2(2)     After holding a hearing on a matter set out in clause (1)(a), the special planning authority must provide the minister with a report on the hearing that includes the minutes of the hearing, the record of all representations made at the hearing and its recommendations on the matter considered at the hearing.

Decision not subject to appeal

12.2(3)     A decision of a special planning authority on an appeal of a variance or a conditional use is final and not subject to further appeal.

Assistance from minister

12.2(4)     If requested, the minister may provide a special planning authority with advice and technical support to assist it in carrying out its mandate.

Authority is to act in accordance with regulations

12.2(5)     In carrying out its mandate, a special planning authority is to act in accordance with the regulations.

Composition

12.3(1)     A special planning authority other than the Inland Port Special Planning Authority must consist of at least three members appointed by the Lieutenant Governor in Council, and they may or may not be members of a board or council.

Reader's aid

12.3(2)     The composition of the Inland Port Special Planning Authority is found in section 12.9.

Term of office

12.4(1)     The term of office for a member of a special planning authority is three years, unless the order appointing the member provides for a shorter term.

Term continues

12.4(2)     A member whose term expires continues to hold office until re-appointed or until a successor is appointed.

Limit

12.4(3)     A person may not serve as a member of a special planning authority for more than ten consecutive years, and a period of one year must elapse following the end of that period before the person is again eligible to become a member.

Vacancy does not impair the authority's powers

12.4(4)     A vacancy in the membership of a special planning authority does not impair the capacity of the remaining members of the authority to act.

Remuneration

12.5(1)     Members of a special planning authority who are not employees of the government are to be paid remuneration and expenses at rates set by the Lieutenant Governor in Council.

Acceptance

12.5(2)     Members may accept remuneration and expenses paid under subsection (1).

Chair and vice-chair

12.6(1)     The Lieutenant Governor in Council must designate one of the members of a special planning authority as chair and one of the members as vice-chair.

Function of vice-chair

12.6(2)     The vice-chair has the authority of the chair when the chair is absent or unable to act, or when authorized by the chair.

Authority may make rules

12.7(1)     A special planning authority may make rules governing its conduct of public hearings and other proceedings that are not inconsistent with the regulations, and which may include consequences for failing to comply with the rules.

Publication of rules

12.7(2)     A special planning authority must make its rules publicly available.

Regulations respecting special planning authorities

12.8        The minister may make regulations

(a) respecting the conduct of hearings and other proceedings to be conducted by a special planning authority;

(b) respecting any other matter the minister considers necessary or advisable for a special planning authority to carry out its mandate.

Inland Port Special Planning Authority

Composition of Inland Port Special Planning Authority

12.9(1)     The Inland Port Special Planning Authority consists of the following members appointed by the Lieutenant Governor in Council:

(a) two representatives of the Rural Municipality of Rosser, at least one of whom must be a member of council, nominated by resolution of the council;

(b) a representative of The City of Winnipeg, nominated by resolution of the council;

(c) a representative of CentrePort Canada Inc., nominated by CentrePort Canada Inc.;

(d) a representative of Winnipeg Airports Authority Inc., nominated by Winnipeg Airports Authority Inc.;

(e) a representative of the government.

Additional members

12.9(2)     If additional land is included in the Inland Port Special Planning Area, the Lieutenant Governor in Council may make regulations

(a) increasing the membership of the Inland Port Special Planning Authority from six to up to nine members;

(b) respecting the person or entity that each additional member is to represent and the manner in which an additional member is to be nominated for appointment by the Lieutenant Governor in Council.

Minister to recommend

12.9(3)     The representatives referred to in clauses (1)(a) to (d) are to be recommended to the Lieutenant Governor in Council by the minister.

Chair of the Authority

12.10(1)    The order appointing members of the Inland Port Special Planning Authority must designate as chair of the authority a member of council of the Rural Municipality of Rosser.

Chair has tie-breaking vote

12.10(2)    If there is a tie vote on a matter before the authority, the chair may cast a second deciding vote.

Vacancies

12.11(1)    If a representative of the Rural Municipality of Rosser, The City of Winnipeg, CentrePort Canada Inc. or Winnipeg Airports Authority Inc. ceases to be a member, the applicable entity must, on request of the minister, nominate a representative to fill the vacancy.

Failure to nominate

12.11(2)    If, within 90 days after the minister makes a request under subsection (1), the entity fails to nominate a representative acceptable to the minister, the Lieutenant Governor in Council may appoint a representative recommended by the minister to represent the entity.

Conflict of interest

12.12(1)    The members of the Inland Port Special Planning Authority must develop, in consultation with the minister, a conflict of interest policy for the members of the authority.

Members may participate in hearings

12.12(2)    Subject to the authority's conflict of interest policy, a member of the authority who has prior knowledge of, or represents a person or entity that has or is interested in, a matter before the authority may participate in a hearing held by the authority in respect of the matter.

Application

12.12(3)    For certainty, a proceeding before the authority is a meeting within the meaning of subsection 5(2) of The Municipal Council Conflict of Interest Act.

IMPLEMENTING LAND USE PLANNING IN SPECIAL PLANNING AREAS

Development agreements as condition

12.13(1)    As a condition of amending a development plan by-law or zoning by-law, making a variance order or approving a conditional use in respect of a special planning area, the minister may require the owner of the affected property to enter into a development agreement with the planning district or municipality in respect of the affected property and any contiguous land owned or leased by the owner.

Decisions of planning authorities re development agreements

12.13(2)    Subject to the regulations, a special planning authority that hears an appeal concerning an application for a variance or conditional use may impose a requirement that a development agreement be entered into, or vary or revoke such a condition.

Content of development agreements

12.13(3)    When a development agreement is required to be entered into under this section, the board or council may require that the agreement deal with one or more of the matters set out in section 150.

Subdivision approvals — public reserves

12.13(4     ) For certainty, land dedicated for public reserve purposes or for school purposes under section 135, item 6(b) or (c), must be registered in the name of the applicable municipality, school division or school district in which the land is located.

Cancelling permits or approvals

12.14(1)    In accordance with the regulations, if a development in a special planning area that is authorized by the permit or approval has not begun before a regulation is made under this Division prohibiting the issuance of the permit or approval, the minister may

(a) cancel the permit or approval, if the permit or approval was issued by the minister; or

(b) if the permit or approval was issued by a board, council or special planning authority, direct the board, council or special planning authority to cancel it.

Compliance with direction

12.14(2)    A board, council or special planning authority must comply with a direction received under clause (1)(b) as soon as practicable.

Withholding development permits

12.14(3)    In accordance with the regulations, the minister may direct a board or council to withhold issuing a development permit in respect of a proposed development in a special planning area.

Minister responsible for expenses, etc.

12.14(4)    The minister may exercise the powers and is subject to the obligations of a planning district or municipality under subsections 88(2) to (4) and 148(6) when he or she makes a direction under this section.

Minister may designate person to enforce

12.15(1)    The minister may designate a person for the purpose of enforcing

(a) by-laws adopted under this Part respecting a special planning area; and

(b) the terms and conditions of permits, approvals and orders made or issued under this Part respecting a special planning area.

Who may be designated

12.15(2)    A person designated under subsection (1) may be an employee of the government or — with the consent of a planning district or municipality — an employee or officer of the planning district or municipality.

Powers and duties

12.15(3)    A person designated under this section has the same powers and responsibilities in relation to the special planning area as a designated employee or officer has under Part 12 in relation to a planning district or municipality.

Role of minister

12.15(4)    The minister has the same authority in relation to a special planning area as the board or council has in relation to a planning district or municipality under Part 12.

Role of Municipal Board

12.16(1)    A regulation made respecting a special planning area may include a requirement that specified land use matters be referred or appealed to the Municipal Board, and may require the Municipal Board within the prescribed time to

(a) hold a hearing on a specified matter and report to the minister; or

(b) hear and decide the appeal, if a specified matter relates to an appeal.

Notice of decision

12.16(2)    The Municipal Board must send a copy of its report or decision to the minister, and to every person who made a representation at the hearing held under subsection (1).

Decision not subject to appeal

12.16(3)    A decision of the Municipal Board on an appeal is final and not subject to further appeal.

4           Clause 190(2)(c) of the French version is amended by striking out "zone spéciale d'aménagement du territoire" and substituting "circonscription spéciale d'aménagement du territoire".

5           Section 192 is amended by adding ", special planning authority" after "council".

6           Clause 193(1)(a) is repealed.

Coming into force

7           This Act comes into force on a day to be fixed by proclamation.