C.C.S.M. c. P80
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| PART 1
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| INTRODUCTORY PROVISIONS
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| 1
| (1)
| Definitions
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|
| (2)
| Reference to "Act" includes regulations
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|
| (3)
| Interpretation — "capital region"
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| 1.1
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| Related nearby livestock operations deemed to be one operation
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| 2
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| Application
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| 3
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| Application to unorganized territory
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| PART 2
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| PROVINCIAL AND REGIONAL PLANNING
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| DIVISION 1
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| PROVINCIAL LAND USE POLICIES
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| 4
| (1)
| Provincial land use policies
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|
| (2)
| Application to Winnipeg
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|
| (3)
| Contents of policies
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| DIVISION 2
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| REGIONAL STRATEGIES
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| 5
| (1)
| Regional strategy
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|
| (2)
| Purpose of strategy
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|
| (3)
| Contents of regional strategy
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|
| (4)
| Consistency with provincial land use policies
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| 6
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| Assistance from minister
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| 7
| (1)
| Public meetings
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|
| (2)
| Consultation with minister
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| 8
| (1)
| Effective date
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|
| (2)
| Amendments
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| 9
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| Effect of regional strategy
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| 10
| (1)
| City of Winnipeg
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|
| (2)
| Application
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| DIVISION 3
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| SPECIAL PLANNING AREAS
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| 11
| (1)
| Establishing special planning area
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|
| (2)
| Consultation required
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|
| (3)
| Term of designation
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| 12
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| Development in special planning area
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| PART 3
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| PLANNING AUTHORITIES
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| DIVISION 1
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| MUNICIPALITIES
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| 13
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| Role of municipalities
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| DIVISION 2
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| PLANNING DISTRICTS
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| ROLE
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| 14
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| Role of planning districts
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| 15
| (1)
| Agreements
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|
| (2)
| Additional responsibilities
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| ESTABLISHMENT
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| 16
| (1)
| Application to establish district
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|
| (2)
| Resolutions
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|
| (3)
| Requirement for public hearing
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| 17
| (1)
| Establishment of planning district
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|
| (2)
| Contents of regulation
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| STRUCTURE AND ADMINISTRATION
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| 18
| (1)
| Corporate status
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|
| (2)
| Corporation without share capital
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|
| (3)
| Applicability of Corporations Act
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| 19
| (1)
| Board to manage affairs
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|
| (2)
| Minimum representation
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|
| (3)
| Member from L.G.D.
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| 20
| (1)
| First directors
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|
| (2)
| Term of office of first directors
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| 21
| (1)
| Organizational and procedural by-laws
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|
| (2)
| Compensation by-law
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|
| (3)
| General powers re by-laws
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| 22
| (1)
| Financial contributions
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|
| (2)
| Annual report
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| 23
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| Dispute resolution
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| 24
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| Employees
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| CHANGES TO PLANNING DISTRICTS
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| Change in Name
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| 25
| (1)
| Application for name change
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|
| (2)
| Name change
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|
| (3)
| Liability unchanged
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| Alteration, Dissolution and Amalgamation
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| 26
| (1)
| Application for alteration or dissolution
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|
| (2)
| Application for amalgamation
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| 27
| (1)
| Requirements for adding municipality
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|
| (2)
| Requirements for dissolution or removal
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|
| (3)
| Requirements for amalgamation
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| 28
| (1)
| Referral to Municipal Board
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|
| (2)
| Consultation and hearing
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|
| (3)
| Recommendation to minister
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| Decision
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| 29
| (1)
| Decision
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|
| (2)
| Amendments to regulation
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|
| (3)
| Distribution of assets and liabilities
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|
| (4)
| Result of amalgamation
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| 30
| (1)
| Development plan continues to apply
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|
| (2)
| When municipal development plan applies
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| DIVISION 3
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| PLANNING COMMISSIONS
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| ESTABLISHMENT
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| 31
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| Planning commissions
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| 32
| (1)
| By-law requirements
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|
| (2)
| Composition of commission
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| ROLE OF PLANNING COMMISSIONS
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| Decisions
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| 33
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| Decisions by planning commission
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| 34
| (1)
| Notice of decision
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|
| (2)
| Appeal of decision by commission
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|
| (3)
| Notice of appeal
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|
| (4)
| Decision final if no appeal
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| 35
| (1)
| Appeal to board or council
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|
| (2)
| Notice of hearing
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|
| (3)
| Who may not hear appeal
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|
| (4)
| Quorum not lost
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|
| (5)
| New hearing
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| Hearings
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| 36
| (1)
| Hearings by planning commission
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|
| (2)
| Report to board or council
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| GENERAL
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| 37
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| Resolutions
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| 38
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| Deemed hearing by board or council
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| 39
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| Commission must meet all requirements
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| PART 4
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| PLANS
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| DIVISION 1
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| DEVELOPMENT PLANS
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| REQUIREMENTS
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| 40
| (1)
| Development plan for planning districts
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|
| (2)
| Development plan for municipalities
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|
| (3)
| Exception
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| 41
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| Consistency with provincial land use policies
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| 42
| (1)
| Requirements of development plan
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|
| (2)
| Livestock operation policy
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|
| (3)
| Restriction on designation
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| 43
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| Deadline for review
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| 44
| (1)
| Meetings and consultation
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|
| (2)
| Consultation with councils
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| ADOPTION PROCESS
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| 45
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| Adoption
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| 46
| (1)
| Public hearing
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|
| (2)
| Actions after hearing
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|
| (3)
| Notice of resolution not to proceed
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| 47
| (1)
| Submission to minister
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|
| (2)
| Requirements
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|
| (3)
| No adoption until approval
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| 48
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| Notice of second reading
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| 49
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| Referral to Municipal Board
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| 50
| (1)
| Municipal Board hearing
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|
| (2)
| Report to minister
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| 51
| (1)
| Minister's decision
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|
| (1.1)
| When drinking water and wastewater plans required
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|
| (2)
| Consultation
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|
| (3)
| Notice of decision
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| 52
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| Third reading
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| 53
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| Notice of adoption
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| 54
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| By-law not subject to appeal
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| 55
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| Resolution not to proceed
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| AMENDMENTS AND REVIEW
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| 56
| (1)
| Amending development plan by-law
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|
| (2)
| Application by owner may be refused
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| 57
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| Amendment process
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| 58
| (1)
| Exception for minor amendments
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|
| (2)
| Decision
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| 59
| (1)
| Periodic review
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|
| (2)
| Minister's order for review
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|
| (3)
| Method of review
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|
| (4)
| By-law to be re-enacted or replaced
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| POWERS OF MINISTER
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| 60
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| Order
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| 61
| (1)
| Minister may amend or replace by-law
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|
| (2)
| Referral to Municipal Board
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|
| (3)
| Approval by Order in Council
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| APPLICATION OF PROVINCIAL LAND USE POLICIES
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| 62
| (1)
| Policies do not apply
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|
| (2)
| Policies apply to amendments and review
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| APPLICATION OF WATER PROTECTION ACT
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| 62.1
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| Consideration of Water Protection Act
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| WATER AND WASTEWATER INFRASTRUCTURE
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| 62.2
| (1)
| Drinking water and wastewater management plans
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|
| (2)
| Minister's order for plans to be prepared
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|
| (3)
| Content
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| DIVISION 2
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| SECONDARY PLANS
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| 63
| (1)
| Adoption of secondary plans
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|
| (2)
| Consistency with development plan by-law
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| 64
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| Adoption process
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| DIVISION 3
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| GENERAL
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| 65
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| Compliance with plans
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| 66
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| Acquisition and disposal of land
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| 67
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| Revoking development plan by-law
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| PART 5
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| ZONING BY-LAWS
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| REQUIREMENTS
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| 68
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| Zoning by-law required
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| 69
| (1)
| District-wide zoning by-law
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|
| (2)
| Effect on municipal zoning by-law
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| 70
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| Exception
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| 71
| (1)
| Zoning by-law requirements
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|
| (2)
| General development requirements
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|
| (3)
| Contents of zoning by-law
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|
| (4)
| Power to prohibit includes power to permit
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| 72
| (1)
| Zoning by-laws for livestock operations
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|
| (2)
| Restricted zoning for large livestock operations
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|
| (3)
| Siting and setback of livestock operations
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| 73
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| Incentive zoning
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| ADOPTION OF ZONING BY-LAW
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| 74
| (1)
| Public hearing
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|
| (2)
| Alteration to zoning by-law
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|
| (3)
| No hearing for minor alteration
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| 75
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| Adoption if no objection
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| When Planning Commission Holds Hearing
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| 76
| (1)
| Objections at planning commission hearing
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|
| (2)
| Options of board or council
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|
| (3)
| Notice to objectors
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|
| (4)
| Actions if no second objection
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|
| (5)
| Hearing on second objection
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|
| (6)
| Decision
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| When Board or Council Holds Hearing
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| 77
| (1)
| Objections at board or council hearing
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|
| (2)
| Options of board or council
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|
| (3)
| Notice to objectors
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|
| (4)
| Actions if no second objection
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|
| (5)
| Referring second objection
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|
| (6)
| Requirement for third reading
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|
| (7)
| Hearing
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|
| (8)
| Order
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|
| (9)
| Notice of decision
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|
| (10)
| Delayed decision
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|
| (11)
| Order not subject to appeal
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| General Adoption Matters
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| 78
| (1)
| Objections from public authorities
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|
| (2)
| Transfer of objections
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| 79
| (1)
| Notice of adoption
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|
| (2)
| Notice of resolution not to proceed
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| AMENDMENTS
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| 80
| (1)
| Amending zoning by-law
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|
| (2)
| Application by owner may be refused
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|
| (3)
| Amendment process
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| 81
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| Development agreement as condition
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| 82
| (1)
| Exception for minor amendments
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|
| (2)
| Decision
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| GENERAL PROVISIONS
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| 83
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| Quashing of by-law
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| 84
| (1)
| Effect of zoning by-law on caveats
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|
| (2)
| Development scheme is a restriction
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| 85
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| Zoning memorandum may be issued
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| NON-CONFORMING USES
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| 86
| (1)
| Continuance of lawfully existing non-conformities
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|
| (2)
| What constitutes existing building
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|
| (3)
| What constitutes existing parcel
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|
| (4)
| What constitutes existing use
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| 87
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| Certificate of non-conformity
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| 88
| (1)
| Cancellation of permits
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|
| (2)
| Agreement on expenses
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|
| (3)
| Arbitration if no agreement
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|
| (4)
| Conduct of arbitration
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| 89
| (1)
| Limits on construction
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|
| (2)
| Damaged non-conforming building
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| 90
| (1)
| No increase or change in non-conforming use
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|
| (2)
| Non-conforming parcels
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| 91
| (1)
| Discontinuance of non-conforming use
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|
| (2)
| Effect of change of ownership on use
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| 92
| (1)
| Non-conformity may be altered by variance
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|
| (2)
| Variation procedure applies
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| 93
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| Acquiring non-conforming land or building
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| PART 6
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| VARIANCES
|
| 94
| (1)
| Applicants
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|
| (2)
| Application to board or council
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|
| (3)
| Application requirements
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| 95
|
| Authority respecting variances
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| 96
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| Public hearing
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| 97
| (1)
| Decision
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|
| (2)
| Restrictions on variances
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| 98
| (1)
| Conditions of order
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|
| (2)
| Revoking variance order
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| 99
|
| Notice of decision
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| 100
| (1)
| No appeal
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|
| (2)
| Appeal of planning commission order
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| 101
| (1)
| Expiry of variance order
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|
| (2)
| Extending approval deadline
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| 102
| (1)
| Authority re minor variances
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|
| (2)
| No notice or hearing required
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|
| (3)
| Decision on minor variances
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|
| (4)
| Submissions before setting conditions
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|
| (5)
| Notice to applicant
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|
| (6)
| Appeal of minor variance
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| PART 7
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| CONDITIONAL USES
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| DIVISION 1
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| GENERAL CONDITIONAL USES
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| APPLICATIONS
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| 103
| (1)
| Requirement for approval
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|
| (2)
| Applicants
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|
| (3)
| Application to board or council
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|
| (4)
| Application requirements
|
| 104
|
| Authority respecting conditional uses
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| 105
|
| Public hearing
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| 106
| (1)
| Decision
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|
| (2)
| Conditions of approval
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|
| (3)
| Revoking approval
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|
| (4)
| Modification of conditions
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| 107
| (1)
| Conditions on small livestock operations
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|
| (2)
| No conditions re manure
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| 108
|
| Notice of decision
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| 109
| (1)
| No appeal
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|
| (2)
| Appeal of planning commission order
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| 110
| (1)
| Expiry of approval
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|
| (2)
| Extending approval deadline
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| DIVISION 2
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| LARGE-SCALE CONDITIONAL USE LIVESTOCK OPERATIONS
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| 111
| (1)
| Application
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|
| (2)
| Applicability of Division 1
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| 112
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| Minister to receive copy of application
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| TECHNICAL REVIEW COMMITTEES
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| 113
| (1)
| Appointment of Technical Review Committees
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|
| (2)
| Application referred to T.R.C.
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|
| (3)
| Committee may require additional material
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|
| (4)
| T.R.C. report
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|
| (5)
| Report available for inspection
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|
| (6)
| Regulations re T.R.C.
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| HEARINGS
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| 114
| (1)
| Hearing date
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|
| (2)
| Notice of hearing date
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|
| (3)
| Notice of T.R.C. report
|
| 115
|
| Hearing
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| DECISION
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| 116
| (1)
| Decision
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|
| (2)
| Conditions on livestock operations
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|
| (3)
| No conditions re manure
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|
| (4)
| Revoking approval
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| 117
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| Notice of decision
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| 118
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| No development until all approvals obtained
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| PART 8
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| SUBDIVISION CONTROL
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| DEFINITIONS
|
| 119
| (1)
| Definitions
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|
| (2)
| Mines and minerals not included
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| 120
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| Board as approving authority
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| WHEN SUBDIVISION APPROVAL IS REQUIRED
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| 121
| (1)
| Approval required for subdivision of land
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|
| (2)
| Cases in which approval is not required
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|
| (3)
| Parcel includes public road, etc.
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|
| (4)
| Contiguity of land
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|
| (5)
| Easement not a subdivision
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|
| (6)
| Affidavit or statutory declaration may be required
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|
| (7)
| Effect of zoning by-law
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|
| (8)
| Caveat void
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| 122
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| Unregistered instrument effecting subdivision
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| RESTRICTION ON SUBDIVISION APPROVAL
|
| 123
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| Restriction on approvals
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| APPLYING FOR SUBDIVISION APPROVAL
|
| 124
| (1)
| Application for subdivision approval
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|
| (2)
| Approving authority to prepare report
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| REVIEW BY COUNCIL
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| 125
| (1)
| Review by council
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|
| (2)
| Hearing when road created
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|
| (3)
| Council's decision final
|
|
| (4)
| Notice to approving authority
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| FINAL DECISION BY APPROVING AUTHORITY
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| 126
| (1)
| Role of approving authority
|
|
| (2)
| Decision of approving authority
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|
| (3)
| Notice of decision
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|
| (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
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|
| (3)
| Revocation final
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| APPEAL TO MUNICIPAL BOARD
|
| 129
| (1)
| Right to appeal
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|
| (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
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| 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 to 217
|
|
|
| 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
|
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