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The Planning Act

C.C.S.M. c. P80

The Planning Act

PART 1
INTRODUCTORY PROVISIONS
1 (1) Definitions
(2) Reference to "Act" includes regulations
(3) Interpretation — "capital region"
1.1 Related nearby livestock operations deemed to be one operation
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
ESTABLISHMENT
11 (1) Inland Port Special Planning Area
(2) Regulations re special planning area
(3) Name and boundaries
(4) Consultation required
11.1 Repealed
REGULATING LAND USE IN SPECIAL PLANNING AREAS
12 (1) Land use within special planning area
(2) No overlapping by-laws
(3) Jurisdiction that remains unchanged
(4) Minister is approving authority re subdivisions
(5) Regulations for land use in a special planning area
(6) Regulations may authorize different process for minor matters
PLANNING AUTHORITIES FOR SPECIAL PLANNING AREAS
General
12.1 (1) Inland Port Special Planning Authority
(2) Establishment of other special planning authorities
12.2 (1) Mandate of a special planning authority
(2) Report to minister
(3) Decision not subject to appeal
(4) Assistance from minister
(5) Authority is to act in accordance with regulations
12.3 (1) Composition
(2) Reader's aid
12.4 (1) Term of office
(2) Term continues
(3) Limit
(4) Vacancy does not impair the authority's powers
12.5 (1) Remuneration
(2) Acceptance
12.6 (1) Chair and vice-chair
(2) Function of vice-chair
12.7 (1) Authority may make rules
(2) Publication of rules
12.8 Regulations respecting special planning authorities
Inland Port Special Planning Authority
12.9 (1) Composition of Inland Port Special Planning Authority
(2) Additional members
(3) Minister to recommend
12.10 (1) Chair of the Authority
(2) Chair has tie-breaking vote
12.11 (1) Vacancies
(2) Failure to nominate
12.12 (1) Conflict of interest
(2) Members may participate in hearings
(3) Application
IMPLEMENTING LAND USE PLANNING IN SPECIAL PLANNING AREAS
12.13 (1) Development agreements as condition
(2) Decisions of planning authorities re development agreements
(3) Content of development agreements
(4 Subdivision approvals — public reserves
12.14 (1) Cancelling permits or approvals
(2) Compliance with direction
(3) Withholding development permits
(4) Minister responsible for expenses, etc.
12.15 (1) Minister may designate person to enforce
(2) Who may be designated
(3) Powers and duties
(4) Role of minister
12.16 (1) Role of Municipal Board
(2) Notice of decision
(3) Decision not subject to appeal
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
PART 4
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
(1.1) Subject matter of consultation with school boards
(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
(1.1) When drinking water and wastewater plans required
(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
APPLICATION OF WATER STATUTES
62.1 Consideration of water statutes
WATER AND WASTEWATER INFRASTRUCTURE
62.2 (1) Drinking water and wastewater management plans
(2) Minister's order for plans to be prepared
(3) Content
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
(5) Zoning for affordable housing
(6) "Affordable housing" to be defined
(7) Incentive zoning
72 (1) Zoning by-laws for livestock operations
(2) Restricted zoning for large livestock operations
(3) Siting and setback of livestock operations
73 Repealed
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 (1) Effect of zoning by-law on caveats
(2) Development scheme is a restriction
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
(6) Regulations re T.R.C.
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
PART 8
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
(3) Minor subdivisions
(4) New or varied conditions
REVIEW BY COUNCIL
125 (1) Review by council
(2) Hearing when road created
(3) Council's decision final
(4) Notice to approving authority
MINOR SUBDIVISIONS
125.1 (1) Review and approval of minor subdivisions
(2) Approval may not be reversed
(3) Conditions on approval
(4) Effect of approval – minor subdivisions
(5) Council resolution required to reject
(6) Effect of rejection
(7) Notice of decision
(8) Non-application
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
(1.1) Effect of revocation — minor subdivisions
(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
134 Repealed
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
CONDITION OF SUBDIVISION APPROVAL — LAND FOR SCHOOL SITES
137.1
137.2 (1) Prohibition — advertising future school buildings
(2) Exception
(3) Definitions
137.3 Offence
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
DEVELOPMENT AGREEMENTS
150 Development agreements
150.1 Development agreements for affordable housing
151 (1) Registering development agreements
(2) Agreement before amendment or order
CONFORMING CONSTRUCTION AGREEMENTS
151.1 (1) Agreements
(2) Purpose
(3) Content
(4) Effect of agreement
(5) Definitions
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 216
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