R.S.M. 1987, c. P80

The Planning Act

Back to the Act

Table of Contents

1		Definitions.
PART I ADMINISTRATION
2		Officers and employees.
3		Minister may make grants.
4		Minister may provide p|anning assistance.
PART II PROVINCIAL LAND USE PLANNING
5		Duties of minister.
6		Orders of Lieutenant Governor in Council.
7		Planning board.
8		Chairman and vice-chairman.
	(2)	Rules and procedure.
9		Duties of the board.
10		Recommendation for special planning areas by the minister.
	(2)	Designation of special planning areas.
	(3)	Consultation by minister.
	(4)	Order in council establishing special planning area.
	(5)	Publication and notice of order in council.
	(6)	Contents of special planning area development plan.
	(7)	Consultation with municipalities and Municipal Board hearing.
	(8)	Form of notice.
	(9)	Power to acquire land.
	(10)	Power of designated minister.
	(11)	Agreements with municipalities.
PART III DISTRICT PLANNING
11		Establishment of district and boards authorized.
	(2)	Area to be included in a district.
12		Application to establish district.
	(2)	Submission to minister for recommendation.
	(3)	Consultation with municipalities and Municipal Board hearing.
	(4)	Form of notice.
	(5)	Municipal Board to recommend area.
	(6)	Establishment of district
	(7)	Government may be heard.
	(8)	Lands in additional zone.
13		Order in council establishing district.
	(2)	Publication in Gazette.
	(3)	Evidence of establishment.
	(4)	Notice of Order in Council.
14		Incorporation.
15		Change of name.
	(2)	Liability, etc. of board unchanged.
	(3)	Change of boundaries and dissolution.
	(4)	Distribution of assets on dissolution.
16		Seal.
	(2)	Use of seal after change of name.
17		Membership of board.
	(2)	Term of office of board members.
	(3)	Cessation of membership on board.
18		Meetings of the board.
	(2)	Quorum.
	(3)	Rules and procedure.
	(4)	Chairman and acting chairman.
	(5)	Civil servant not eligible as officer.
	(6)	Voting by chairman.
	(7)	Remuneration.
19		Majority vote.
	(2)	General powers as to by-laws.
	(3)	Recording of by-laws.
	(4)	Proof of by-laws.
20		Appointment of staff by board.
21		General powers of board.
DUTIES OF BOARD
22		Responsibilities of board.
	(2)	Other duties of board.
	(3)	Development officer.
	(4)	Hearing of objections.
	(5)	Board as approving authority.
23		Agreement for services and grants.
PART IV DEVELOPMENT PLANS
24		Preparation and adoption of development plan.
	(2)	Order to amend plan.
	(3)	Failure to comply with order.
	(4)	Preparation and amendment of plan.
25		Purpose of a development plan.
	(2)	Advice and consultation.
	(3)	Studies and surveys required.
	(4)	Contents of development plan.
26		Periodic review of development plan.
27		Adoption of development plan.
	(2)	Consultation with municipal councils.
28		Public notice of meeting.
	(2)	Adopting by-law and plans available for inspection.
	(3)	How notice of meeting given.
	(4)	Representations at public meeting.
	(5)	Meeting may be adjourned.
	(6)	Representation by government.
	(7)	Action of board or council.
29		Municipal plan as part of district development plan.
30		Submission of plan for approval.
	(2)	Publication of notice.
	(3)	Determination of date.
	(4)	Action of minister.
	(5)	Reference back to board or council.
	(6)	Reference to Municipal Board.
	(7)	Public notice of hearing.
	(8)	How notice of hearing given.
	(9)	Hearing by Municipal Board.
	(10)	Board or council may be represented before The Municipal Board.
	(11)	Representation by government.
	(12)	Reference back to council.
	(13)	L. G. in C. to approve by-law.
	(14)	L. G. in C. decision not subject to appeal.
	(15)	Effective date of by-law.
	(16)	Existing development plans revoked.
31		Publication of approval.
32		Effect of adoption of plan.
	(2)	Zoning by-law.
	(3)	Amending zoning by-law.
33		Amending development plan.
34		Acquisition and disposal of land.
35		Preparation of basic planning statement.
36		Purpose of a basic planning statement.
	(2)	Format approval.
	(3)	Contents of a basic planning statement.
37		Adoption of basic planning statement.
	(2)	Consultation with municipal councils.
	(3)	Public meeting.
	(4)	Application of subsecs. 30(1) to (12).
	(5)	Minister to approve by-law.
	(6)	Decision of minister not subject to appeal.
	(7)	Effective date of by-law.
	(8)	Publication of approval.
	(9)	Effect of adoption of statement.
	(10)	Amending basic planning statement.
PART V LAND USE CONTROL
38		Prohibition of development.
39		Interim development control order.
	(2)	Development control.
	(3)	Development permit.
	(4)	Expiry of development permit.
	(5)	Duration of order.
	(6)	Publication of notice.
	(7)	Provision in order.
	(8)	Development permit required.
40		Development permit.
	(2)	Building permit.
	(3)	Withholding of permit.
	(4)	Rejection of permit.
	(5)	Extension of period.
	(6)	Refusal or granting of permit.
41		Dwelling units permitted on a parcel.
	(2)	Development officer not to issue permit.
	(3)	Exceptions to subsections (1) and (2).
	(4)	Existing zoning by-law or planning scheme to prevail.
42		Zoning by-law.
	(2)	Contents of zoning by-law.
43		General development standards.
	(2)	Development standard provisions.
	(3)	Land subject to flooding and otherwise unsuitable for building.
	(4)	Power to prohibit includes power to regulate.
44		Consideration in establishing development standards.
45		Enactment of zoning by-law or amendment thereto.
	(2)	Public notice of meeting.
	(3)	How notice of meeting given.
	(4)	Repeal and substitution of zoning by-law or planning scheme.
	(5)	Errors in the assessment roll.
	(6)	Proof of posting of notice.
	(7)	Zoning by-law and plans available for inspection.
	(8)	Representations at public meeting.
	(9)	Meeting may be adjourned.
	(10)	Representation by government
	(11)	Alteration of by-law, etc.
	(12)	Minor alteration - waiver of notice.
	(13)	Limitation on representation.
	(14)	Record of meeting to be kept.
46		Action by council where by-law not to be proceeded with.
	(2)	Action by council where by-law given third reading.
	(3)	Action by council where by-law given second reading.
	(4)	Where written representation filed.
	(5)	Council to specify date.
	(6)	Where no objections received.
47		Action where objections received.
48		Notice of hearing.
	(2)	Council may be represented at hearing.
	(3)	Disposition of objection.
	(4)	Procedures on amendment.
	(5)	By-law to conform to decision of board.
	(6)	Filing of objection with Municipal Board.
	(7)	Transfer of objections to Municipal Board.
	(8)	Decision not subject to appeal.
49		Agreement with municipality.
	(2)	Effect of registering agreement.
	(3)	Execution of agreement before amendment of by-law.
50		Quashing of by-law.
NON-CONFORMING USES AND BUILDINGS
51		Continuance of lawfully existing nonconformities.
	(2)	Building deemed to be existing.
	(3)	Certificate may be issued.
	(4)	Fee for certificate.
52		Cancellation of permit.
	(2)	Payment of certain expenses where permit cancelled.
	(3)	Where parties fail to agree on amount
	(4)	Arbitration.
53		Structural alteration prohibited.
	(2)	Change to other non-conforming use.
	(3)	Where non-conforming building damaged.
54		Discontinuance of non-conforming use.
	(2)	Change in tenants not deemed to affect use.
55		Council may acquire non-conforming building or land.
VARIATION BOARD
56		Establishment of variation board.
	(2)	Meetings of the board.
	(3)	Quorum and procedure of board.
	(4)	Record of proceedings.
57		Application for variation order.
	(2)	Conditions of variation order.
	(3)	Types of variation order.
	(4)	Action to be taken by board.
	(5)	Hearing.
	(6)	Order of board.
	(7)	Majority vote.
	(8)	Mailing of order.
	(9)	Decision final and binding.
	(10)	Expiry of order.
58		Authority of development officer to grant minor variations.
	(2)	Application for minor variation.
	(3)	Action to be taken by development officer.
	(4)	Notice to applicant
	(5)	Application of section 57.
CONDITIONAL USES
59		Application for conditional use.
	(2)	Application of subsection 57(4).
	(3)	Hearing.
	(4)	Decision of council.
	(5)	Conditions of approval.
	(6)	Modification of conditions.
	(7)	Majority vote.
	(8)	Mailing of decision.
	(9)	Decision final and binding.
	(10)	Expiry of approval.
PART VI SUBDIVISION CONTROL
60		Restriction on registration of certain instruments.
	(2)	Caveat void.
	(3)	Exceptions to subsection (1).
	(4)	Parcel includes highway, etc.
	(5)	Woodlot not a settlement lot.
	(6)	Contiguity of land described in title.
	(7)	Easement not a subdivision.
	(8)	Affidavit or statutory declaration may be required.
	(9)	Effect of zoning by-law or planning scheme.
	(10)	Agreement, etc., contravening control.
	(11)	Explanatory plans.
	(12)	Mines and minerals excepted.
61		Application for subdivision approval.
62		Referral of application to council.
63		Resolution of council.
	(2)	Resolution of council final.
	(3)	Notice required.
	(4)	Form of notice.
	(5)	Manner of giving notice.
64		Rejection of subdivision by approving authority.
	(2)	Conditional approval or rejection of subdivision by approving authority.
	(3)	Service of notice of decision.
	(4)	Alteration of conditions by approving authority.
	(5)	Re-application of same proposal.
65		Where conditions are fulfilled.
	(2)	Automatic expiration of conditional approval.
	(3)	Extension of time limit.
	(4)	Certificate of approval not to issue until appeal settled.
66		No decision by approving authority.
67		Revocation of approval.
	(2)	Revocation final.
68		Appeal to Municipal Board.
	(2)	Contents of notice of appeal.
	(3)	Decision final.
	(4)	Hearing of appeal.
	(5)	Persons appearing.
	(6)	Order of Municipal Board.
	(7)	Notice of decision of Municipal Board.
	(8)	Issuance of certificate after appeal.
	(9)	Conditional approval to lapse.
69		Prerequisites for approval.
70		Conditions of approval.
71		Payment in lieu of dedication.
	(2)	Valuation of land.
72		Filing of caveat.
	(2)	Withdrawal of caveat.
73		Uses of public reserve land.
	(2)	Land deemed to be public reserve land.
	(3)	Approval of minister for closing of public reserves.
	(4)	Disposal of land dedicated pursuant to a condition.
	(5)	Notice of intention to dispose of public reserve land and hearing.
	(6)	Disposal of land conveyed as school site.
	(7)	Notice of intention to dispose of land and hearing.
74		By-laws establishing general levies.
	(2)	Scale of capital levies.
	(3)	Establishment of reserve funds.
75		Obsolete plans of subdivision.
	(2)	Notice and filing in land titles office.
	(3)	Errors in assessment roll.
	(4)	Effect of filing.
	(5)	Contents of notice
	(6)	Meeting.
	(7)	Action by council.
	(8)	Removal of registration.
	(9)	Removal of by-law from register.
76		Application for order cancelling plans.
	(2)	Cancellation, etc., may be ordered.
	(3)	Municipal Board Act applies.
	(4)	Principles of resubdivision.
77		Subdivision regulations.
78		Prescribing forms by minister.
79		Errors and omissions.
PART VII ENFORCEMENT
80		Enforcement of by-laws, resolutions and orders.
81		Offences and penalties.
	(2)	Offences by directors and officers of corporation.
	(3)	Order to remedy breach.
	(4)	Continuing offence.
82		Indemnity.
83		Proof of by-law.
84		Order to exercise power.
	(2)	Owner's consent.
	(3)	Entry in emergencies.
	(4)	Delegation of powers.
85		Entry upon premises.
86		Limitation of prosecution.
PART VIII TRANSITIONAL
87		Prior agreements.
88		Alteration of municipal boundaries etc.
	(2)	Effect of existing by-law, etc. on annexed lands.
	(3)	Continuation of process.
89		Where land use policies do not apply.
	(2)	Where planning scheme provisions do not prevail.
	(3)	Conversion of planning schemes.
	(4)	Conversion to zoning by-law.
	(5)	Notice of order.
	(6)	Minor alteration.
90		Planning advisory committees.
	(2)	Payment to members.
91		Planning Act to prevail.
92		Application of Act.
	(2)	Application to Northern Manitoba.
93		Amendment of planning scheme.
	(2)	Restriction on amendment.
	(3)	Conditional use applications.
	(4)	Non-conforming uses and buildings.
PART IX NORTHERN MANITOBA
94		Minister responsible.
95		Definitions.
	(2)	Minister and council defined.
96		Application of specific provisions to Northern Manitoba.
97		Approval of minister.
	(2)	Objections to zoning by-law.
98		Delegation of authority.
	(2)	Approving authority for Northern Manitoba.
	(3)	Appeal.
	(4)	Hearing.
	(5)	Person conducting hearing.
	(6)	Municipal Board hearing.
	(7)	Decision and notice.
99		Regulations.