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REPEALED
Date: January 1, 2006


C.C.S.M. c. P80

The Planning Act

Table of contents

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

Definitions

1

In this Act,

"airport vicinity protection area" means the area established as an airport vicinity protection area in a development plan under section 24; (« zone tampon d'un aéroport »)

"alteration", means

(a) with respect to a development plan by-law,

(i) a change made to the by-law by a board or council between first and second readings and after a public hearing under subsection 28(1), or

(ii) a change required to be made to the by-law by the minister between second and third readings,

(b) with respect to a zoning by-law, a change made to the by-law by a board or council between first and second readings and after a public hearing under subsection 42(1); (« modification »)

"approving authority " means

(a) the minister,

(b) a board authorized by the minister,

(c) a council authorized by the minister under subsection 22(6), or

(d) the minister responsible for the administration of provincial park lands under The Provincial Parks Act; (« autorité compétente »)

"board" means the board of a planning district established under section 12; (« commission d'aménagement » ou « commission »)

"building" includes any well, pipe line, excavation, cut, fill, transmission line or other erection or structure, or any part thereof, and also includes any addition to or extension of a building and any chattel that is attached to any structure or land or that is installed therein or thereon; (« bâtiment »)

"building permit" means a permit issued by a municipality, planning district, or other appropriate authority authorizing the construction or alteration of all or part of any building; (« permis de construction »)

"building site" means the location on which construction of a building is about to commence or is in progress; (« site de construction »)

"clerk" includes

(a) the clerk, chief administrative officer, secretary-treasurer, or secretary of a municipality or planning district, and

(b) the resident administrator of a local government district; (« greffier »)

"conditional use" means the use of land or building which may be permitted in any particular zoning district as provided for in a zoning by-law; (« utilisation conditionnelle »)

"council" means

(a) the council of a municipality,

(b) the resident administrator of a local government district,

(c) in unorganized territory, the Minister of Intergovernmental Affairs and Trade,

(d) in provincial park lands, the minister responsible for the administration of those lands under The Provincial Parks Act; (« conseil »)

"crown reserve" means land which vests in the Crown but which is not dedicated to the public; (« réserve domaniale »)

"development" means,

(a) the carrying out of the construction, erection or placing of any building or excavation or other operation on, over or under land, or

(b) the making of any change in the use or intensity of use of any land or buildings or premises; (« mise en valeur »)

"development permit" means a permit issued under a zoning by-law, authorizing development, and may include a building permit; (« permis d'aménagement »)

"development plan" means

(a) all or part of a plan, policy or program, with attached texts, maps or illustrations, that affects a defined area of land and is approved under this Act, and

(b) all or part of a basic planning statement adopted under this Act; (« plan directeur »)

"highway" means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles or pedestrians, with or without fee or charge therefor, and includes all the space between the boundary lines thereof whether or not used for vehicular or pedestrian traffic; and, without restricting the generality of the foregoing, includes roads, road allowances, streets, lanes, thoroughfares, and other means of communication dedicated to the public use as highways, or opened or made as highways under any Act of the Legislature, and any part of a highway as so defined, and also includes all bridges, subways, walkways, underpasses, grade separations, piers, wharves, ferries, and squares, and the road improvements thereon, dedicated to the public use; but does not include any area designed or intended, and primarily used, for the parking of vehicles and the necessary passageways thereon; (« route »)

"instrument" means a certificate of title, certificate of charge, book, plan or document in writing relating to a dealing with land, or creating a mortgage, encumbrance, or lien thereon, or evidencing title thereto, or a duplicate thereof; (« instrument »)

"land" means land, messuages, tenements, hereditaments, corporeal and incorporeal, of every kind and description, whatever the estate or interest therein, and whether legal or equitable, together with all paths, passages, ways, watercourses, liberties, privileges, and easements, appertaining thereto, and all trees and timber thereon, and all mines, minerals, and quarries, unless specially excepted; (« bien-fonds »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"municipality" means a city, town, village, rural municipality, local government district or other municipal organization; (« municipalité »)

"owner" means a person who appears by the records of the proper land titles office to have any right, title, estate or interest in land and includes the agent of such a person in possession or occupation of the land with the express or implied consent of the owner; (« propriétaire »)

"parcel" means the aggregate of all land described in any manner in a certificate of title; (« parcelle »)

"plan of subdivision" means a plan prepared in accordance with The Real Property Act; (« plan de lotissement »)

"planned unit development" means a land development project planned as an entity in accordance with a unitary site plan which permits flexibility in siting of building, mixture of housing types and land uses, usable open spaces, and the preservation of significant natural features; (« plan particulier d'urbanisme »)

"planning district" means a planning district established under this Act; (« district d'aménagement »)

"public authority" means a minister of the Crown or any council, corporation to which The Crown Corporations Public Review and Accountability Act applies, school board, hospital board or other public body with power to use or develop land for public or community purposes; (« autorité publique »)

"public reserve" means a parcel of land required under section 70 or reserved for a use set out in section 73, and includes land that is vested in a municipality and that is dedicated to the public for public use; (« réserve publique »)

"registered owner" means a person

(a) who is the registered owner of land that is subject to The Real Property Act, as that expression is defined in that Act, or

(b) who is the owner of a freehold estate in land that is not subject to The Real Property Act and who is the grantee named in a valid conveyance of the land that is registered under The Registry Act, or

(c) who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; (« propriétaire inscrit »)

"resolution" means a resolution of a council or board, and includes all or part of a report adopted by a council or board; (« résolution »)

"shoreland" means

(a) land within 300 metres of the ordinary high water mark of a lake, sea or sea inlet, or

(b) land within 100 metres of the ordinary high water mark of a river, stream, watercourse, creek, spring or other body of water; (« bien-fonds riverain »)

"street" means any public highway, lane, park, square, subway, bridge, wharf, thoroughfare or way or any part thereof; (« rue »)

"structural alteration" means the construction or reconstruction of supporting elements of a building or other structure; (« modification de structure »)

"subdivision" means the division of a parcel by an instrument including a plan of subdivision, conveyance, deed or mortgage; (« lotissement »)

"works" includes buildings, walls, bridges, trestlework, dams, canals, locks, tunnels, subways, wharves, piers, ferries, viaducts, aqueducts, embankments of streams, ditches, culverts, drains, sewers, vaults, mines, wells, roads, pavements, sidewalks, pathways, pedestrian decks or tunnels, street railways, the towers, poles, lines and equipment of transportation, telephone, hydro or transit systems, harbours, docks, booms, excavations, and fabrics made, built, constructed, erected, extended, enlarged, repaired, improved, formed or excavated by means of, or with the aid of, human skill and human, animal, or mechanical labour; (« ouvrage »)

"zoning by-law" means a by-law passed by the council of a municipality under Part V. (« règlement de zonage »)

S.M. 1993, c. 2, s. 38; S.M. 1993, c. 39, s. 39; S.M. 1993, c. 48, s. 86; S.M. 1998, c. 39, s. 2; S.M. 2000, c. 35, s. 68; S.M. 2004, c. 42, s. 77.

PART I

ADMINISTRATION

Officers and employees

2

Such officers and employees as may be deemed necessary for the purposes of this Act may be appointed or employed as provided in The Civil Service Act.

Minister may make grants

3

The minister may make grants to any organization engaged in or constituted for the purpose of carrying out planning programs designed to foster and promote public understanding of and participation in planning.

S.M. 1998, c. 39, s. 3.

Minister may provide planning assistance

4

The minister may, upon request, provide technical planning assistance to

(a) a branch, department or agency of the government of the province;

(b) the Government of Canada;

(c) a municipality;

(d) a planning district; or

(e) a government or agency of another province;

on such terms and conditions as he may consider advisable.

PART II

PROVINCIAL LAND USE PLANNING

Duties of minister

5

The minister may

(a) initiate and make recommendations to the Executive Council respecting the development of provincial land use policies;

(b) co-ordinate federal, provincial and local government land use policies and programs as they relate to provincial policies and programs;

(c) inquire into and study any matter pertaining to land use, and, if considered advisable, make recommendations to the Executive Council;

(d) recommend to Executive Council

(i) the establishment of a special planning area,

(ii) the approval, amendment or rejection of a development plan for a special planning area,

(iii) the establishment, alteration of boundaries or dissolution of a planning district;

(e) after consultation with Executive Council, approve or reject a planning district or municipal development plan by-law, or an amendment to such a by-law.

S.M. 1998, c. 39, s. 4.

Orders of Lieutenant Governor in Council

6(1)

The Lieutenant Governor in Council, on the recommendation of the minister, may

(a) repealed, S.M. 1993, c. 2, s. 39;

(b) establish a special planning area;

(c) approve or reject a development plan for a special planning area;

(d) establish, alter the boundaries of or dissolve a planning district.

Regulations

6(2)

The Lieutenant Governor in Council may make regulations

(a) establishing provincial land use policies;

(b) respecting the determination of the area to be included in an airport vicinity protection area;

(c) establishing policies for the use of land and buildings and for development in the airport vicinity protection area so as to ensure that the use of land and buildings and development are compatible with the operations of an airport or proposed airport in respect of which the minister makes an order under subsection 24(5) and requiring that a development plan be consistent with those policies;

(d) requiring a zoning by-law to control or prohibit any use of land or buildings or any development in an airport vicinity protection area or any part of it so as to ensure that the use of land or buildings and development are compatible with the operations of the airport or proposed airport in the airport vicinity protection area.

6(3)

Repealed, S.M. 1998, c. 39, s. 5.

Regulations under clause (2)(b)

6(4)

In a regulation under clause (2)(b), the Lieutenant Governor in Council may require such steps to be taken as the Lieutenant Governor in Council considers necessary to ensure the coordination of the determination of the area of the airport vicinity protection area that will be established in more than one planning district or municipality, including the determination under The City of Winnipeg Act of the area of an airport vicinity protection area.

S.M. 1993, c. 2, s. 39; S.M. 1998, c. 39, s. 5.

INTER-DEPARTMENTAL PLANNING BOARD

Inter-Departmental Planning Board

7

The Lieutenant Governor in Council may appoint an Inter-Departmental Planning Board.

S.M. 1998, c. 39, s. 7.

Chairperson and vice-chairperson

8(1)

The Lieutenant Governor in Council shall designate one member of the Inter-Departmental Planning Board to act as chairperson and another member to act as vice-chairperson.

Rules of procedure

8(2)

The Inter-Departmental Planning Board may make rules to govern its procedure.

S.M. 1998, c. 39, s. 7.

Duties of the Inter-Departmental Planning Board

9

The Inter-Departmental Planning Board shall

(a) advise and assist the minister and government departments and agencies in formulating policies affecting the use and development of land;

(b) advise and assist any public authority in the planning and regulation of use and development of land and co-ordinate the major land use planning activities of such public authorities;

(c) review submissions from the minister for the establishment of special planning areas and planning districts and make recommendations thereon to the minister;

(d) review development plans and make recommendations thereon to the minister;

(e) perform any other duties assigned to it under this Act or any other Act or by the Lieutenant Governor in Council.

S.M. 1998, c. 39, s. 8.

SPECIAL PLANNING AREAS

Recommendation for special planning areas by the minister

10(1)

The minister may recommend to the Executive Council the establishment of an area as a special planning area to provide for

(a) the orderly development of parks, grounds or sites for recreational, governmental or educational institutions or other similar undertakings of a public or quasi-public nature in respect of which public moneys may be expended;

(b) the protection of dams, reservoirs, roads, buildings or other undertakings or works in respect of which public moneys may be expended;

(c) the protection and conservation of the environment and of natural resources such as lakes, rivers, shorelands, forests, agricultural lands and recreational lands, and lands adjacent to or surrounding airports;

(d) the preservation of visual corridors and recreation areas;

(e) the preservation of the landscape and natural beauty of the area;

(f) the preservation of historic and archaeological structures and sites, and areas adjacent thereto;

(g) the creation and preservation of wilderness areas and wild animal and wild bird sanctuaries;

(h) the orderly development of a new townsite or a townsite in which a new industry has been established or is expected to be established, if it is considered that the industry will have a significant influence beyond the place where it is or is expected to be established or if it is expected that the industry will be the cause of a marked increase in the demand for urban services in the community;

(i) the rehabilitation and restoration of mining areas; or

(j) any other thing that may be considered necessary for the purpose of preventing damage to or the destruction of lands, sites or buildings, or of preventing interference with the use of lands, sites or buildings.

Designation of special planning areas

10(2)

The Lieutenant Governor in Council may, subject to subsection (3), designate an area of land to be a special planning area, where the area has a special provincial or regional significance.

Consultation by minister

10(3)

Before an area is designated as a special planning area, the minister shall consult with the council of the municipality or the councils of the municipalities in which the area or any part thereof is situated; and after consultation report thereon to the Lieutenant Governor in Council.

Order in council establishing special planning area

10(4)

An order in council establishing a special planning area shall

(a) state the reasons for establishing the special planning area;

(b) define the boundaries of the area;

(c) suspend, with respect to the area, for such period of time as the Order states, the operation of any district or municipal development plans, zoning by-laws or building by-laws;

(d) state, that during the period mentioned in clause (c), no development shall be undertaken within the special planning area without the written permission of the minister following consultation with the municipalities or district;

(e) set out the general principles for guiding the control and administration of development in the area pending the preparation and adoption of a development plan, land use control regulations, and such other regulations necessary to achieve the purposes for which the area is established;

(f) establish an advisory committee of such number of municipal councillors as set out in the Order, for the designated area to advise and make recommendations to the minister in respect to the preparation and implementation of the development plan, zoning by-law or any other by-law or regulation required for the special planning area.

Publication and notice of order in council

10(5)

Subsections 13(2), (3) and (4) apply, with such modifications as the circumstances require, to an order in council establishing a special planning area.

Contents of special planning area development plan

10(6)

A development plan for a special planning area shall contain

(a) statements of policy with respect to some or all of the matters set out in clause 25(4)(a) but adapted to the dimensions of the area;

(b) such proposals as are, in the opinion of the minister, advisable for the implementation of policies contained in the plan.

Consultation with municipalities and Municipal Board hearing

10(7)

Prior to considering the approval of a development plan for a special planning area under clause (4)(f), the minister shall direct The Municipal Board to,

(a) consult with the councils of affected municipalities; and

(b) hold a public hearing to consider a representation from any person and to submit a report thereon with recommendations to the minister.

Notice of public hearing

10(8)

The minister shall give notice of the public hearing under subsection (7) by

(a) publishing a copy of the notice on two occasions at least six days apart in a newspaper or other publication with general circulation in the area of the proposed special planning area, during the period beginning 40 days before the hearing and ending seven days before the hearing, or where there is no newspaper or publication available, by posting a copy of the notice in each municipal office and at least two other public places in the area of the proposed special planning area at least 14 days before the hearing;

(b) sending a copy of the notice to every member of the Legislative Assembly and to each municipality and planning district within and adjacent to the proposed special planning area; and

(c) sending a copy of the notice to the Legislative Library of Manitoba.

Content of notice

10(8.1)

A notice under subsection (8) shall state

(a) the date, time and place of the hearing;

(b) that any person may make a representation regarding the proposed special planning area development plan;

(c) a description of the intent of the proposed special planning area development plan;

(d) the municipalities that would be affected by the proposed special planning area development plan; and

(e) the time and place that the proposed special planning area development plan may be inspected.

Notice of establishment of special planning area development plan

10(8.2)

After a special planning area development plan has been established, the minister shall give notice of it in accordance with section 31, with such modifications as the circumstances require.

Power to acquire land

10(9)

For the purposes of implementing any feature of a development plan or carrying out the intent of the Order in Council, the government may acquire by purchase, lease or otherwise, or, subject to The Expropriation Act, take and expropriate and hold any land or interest therein within the area covered by the plan, and sell, lease or otherwise dispose of any such land or interest therein.

Power of designated minister

10(10)

The Lieutenant Governor in Council may designate any member of the Executive Council to implement any feature of the special planning area development plan referred to in subsection (1) or (6).

Agreements with municipalities

10(11)

For the purposes of carrying out the intent of the special planning area development plan, the government may enter into an agreement providing for a sharing of the costs of the implementation of any feature of the plan with

(a) a municipality; or

(b) a board; or

(c) the government of another province; or

(d) the Government of Canada; or

(e) any one or more of them jointly.

S.M. 1998, c. 39, s. 10; S.M. 2001, c. 35, s. 41.

PART III

PLANNING DISTRICTS

11

Repealed.

S.M. 1998, c. 39, s. 12.

Application to establish planning district

12(1)

An application to establish a planning district may be initiated by

(a) the minister; or

(b) a municipality; or

(c) more than one municipality jointly.

Submission to minister for recommendation

12(2)

An application referred to in subsection (1) shall be submitted to the minister who shall refer the application to The Municipal Board.

Consultation with municipalities and Municipal Board hearing

12(3)

Upon receipt of an application under subsection (2), The Municipal Board

(a) may consult with the councils of the affected municipalities; and

(b) after giving notice, shall hold a public hearing to consider representations from persons affected by the application.

Notice of public hearing

12(4)

The Municipal Board shall give notice of the public hearing under subsection (3) by

(a) publishing a copy of the notice on two occasions at least six days apart in a newspaper or other publication with general circulation in the area of the proposed planning district, during the period beginning 40 days before the hearing and ending seven days before the hearing, or where there is no newspaper or publication available, by posting a copy of the notice in each municipal office and at least two other public places in the area of the proposed planning district at least 14 days before the hearing; and

(b) sending a copy of the notice to each municipality within and adjacent to the area affected by the application.

Content of notice

12(4.1)

A notice under subsection (4) shall state

(a) the date, time and place of the hearing;

(b) that any person may make a representation regarding the proposed planning district;

(c) a description of the purpose of the proposed planning district; and

(d) which municipalities would be included in or affected by the proposed planning district.

Municipal Board to recommend area

12(5)

After consultation with the affected municipalities and the completion of hearings held pursuant to subsection (3), The Municipal Board shall recommend the area to be included in the planning district and shall advise the minister accordingly.

L. G. in C. may establish planning districts and boards

12(6)

The Lieutenant Governor in Council may, after receiving a recommendation of The Municipal Board under subsection (5), establish

(a) one or more planning districts consisting of all or part of two or more municipalities; and

(b) a board for each planning district.

Area to be included in a planning district

12(6.1)

The area included in a planning district shall be described in the order of the Lieutenant Governor in Council establishing the district and, in so far as is practicable, shall comprise such lands as would constitute a logical, rational area for planning purposes based on, but not limited to, such considerations as topographic features, the extent of existing and probable urban development, the existence of important agricultural, resource, conservational, recreational, or other urban or rural concerns, the existence or desirability of uniform social and economic interests and values and the existence of planning concerns common to the municipalities or communities concerned, and such other factors as the Lieutenant Governor in Council may deem necessary to consider.

Public authority may be heard

12(7)

A public authority may authorize any person to appear before The Municipal Board in any hearing held under subsection (3), to make representations for and on behalf of that public authority.

12(8)

Repealed, S.M. 1998, c. 39, s. 13.

S.M. 1998, c. 39, s. 13.

Order in council establishing planning district

13(1)

An order in council establishing a planning district shall set out

(a) the boundaries of the district;

(b) the name of the district;

(c) the name of the board of the district;

(d) subject to section 17, the number of members of the board;

(e) prescribe the proportions in which funds, if any, are to be contributed to the board by the municipalities in the district and by the government to meet the expenses of the board;

(f) such other matters as are necessary to carry into effect the purposes and intent of this Act.

Publication in Gazette

13(2)

An order in council establishing a planning district is not a regulation to which The Regulations Act applies; but the Order in Council does not have any force or effect until it has been published in one issue of the Manitoba Gazette, and is effective on, from and after the date of such publication.

Evidence of establishment

13(3)

The publication of an order in council under subsection (2) is conclusive evidence of the establishment of the district and that the requirements of this Act have been complied with in the establishment thereof.

Notice of Order in Council

13(4)

Public notice of the order in council establishing a planning district shall be given by the minister

(a) by publishing a notice in one issue of a newspaper circulating in the area affected to the effect that the planning district has been established; and

(b) by sending a copy of the order in council to the affected municipalities.

S.M. 1998, c. 39, s. 14.

Incorporation

14

Upon the establishment of a district, the members of the board of the district and their successors in office are a body corporate under the name of the board as set out in the Order in Council establishing the district.

Change of name

15(1)

The Lieutenant Governor in Council may, on petition of the board of a planning district, and upon such notice to the included municipalities as the Lieutenant Governor in Council considers sufficient, change the name of the district and make the consequent changes in the name of the board which shall continue as a corporate body under the new name.

Liability, etc. of board unchanged

15(2)

A change in the name of a planning district and in the name of its board under subsection (3) does not affect any obligation, liability, or right of action of the district or board existing at the time of the change.

Change of boundaries and dissolution

15(3)

On the application of a board or the council of a municipality the Lieutenant Governor in Council may

(a) change the boundaries of the district; or

(b) dissolve the district;

and the provisions of sections 11, 12 and 13, with such modifications as the circumstances require, apply to any such change or dissolution.

Distribution of assets on dissolution

15(4)

In making an order for the dissolution of a district the Lieutenant Governor in Council may determine the manner in which the assets and liabilities of the district are to be distributed.

Planning district development plan to continue

15(5)

A planning district development plan continues to apply after dissolution of the planning district, with such modifications as the circumstances require, and the plan shall be deemed to be a municipal development plan by-law of the municipalities affected by it.

S.M. 1998, c. 39, s. 15.

Seal

16(1)

A board shall, at its first meeting, adopt a corporate seal.

Use of seal after change of name

16(2)

Where the name of a planning district and of the board thereof is changed, the seal used by the board before the change of the name of the planning district shall continue to be its seal until a seal bearing the new name of the board is adopted.

S.M. 1998, c. 39, s. 16.

Membership of board

17(1)

The number of members of the board of a planning district shall be determined by the Lieutenant Governor in Council and shall be composed of

(a) one or more members of the council of each municipality or the advisory council of each local government district, nominated by the council of the municipality or the advisory council of the local government district; and

(b) at the request of the board, a person employed by the government and designated by the minister where a substantial part of the land in the district is Crown land.

Term of office of board members

17(2)

The term of office of a board member designated under clause (1)(a) shall run concurrently with his or her term on council, unless the council nominates an alternate council member to take that board member's place on the board.

Alternate board member

17(3)

A council may nominate an alternate councillor as a board member, and the alternate board member may

(a) attend board meetings in place of the original board member; and

(b) exercise all the rights and privileges of the original board member at a board meeting.

S.M. 1998, c. 39, s. 17.

Meetings of the board

18(1)

A board shall hold meetings at such times and such places as are fixed from time to time by the by-laws of the board.

Quorum

18(2)

A majority of the members of a board constitute a quorum for the transaction of business.

Rules and procedure

18(3)

A board may by by-laws make and adopt rules regulating the transaction of business and may appoint committees.

Chairman and acting chairman

18(4)

Subject to subsection (5), a board shall, at its first meeting, elect a chairman from its members and shall appoint one of its members as acting chairman to preside over any meeting of the board over which the chairman is by reason of his absence, inability or any other reason, unable to preside.

Civil servant not eligible as officer

18(5)

The member of a board designated under clause 17(1)(b) is not eligible to be elected as chairman of the board, or appointed as an officer of the board.

Voting by chairman

18(6)

The chairman or acting chairman of a board is entitled to cast his vote as a member of the board; and in the event of a tie vote, the motion shall be deemed to be lost.

Remuneration

18(7)

A board shall, by by-law, provide for paying to each member of the board, other than the member designated under clause 17(1)(b), such remuneration as may be fixed by the by-law, and may pay the actual travelling expenses of a member of the board, officer or employee duly authorized by resolution of the board, to go on a special journey beyond the boundaries of the planning district on the business thereof.

S.M. 1998, c. 39, s. 18.

Majority vote

19(1)

All questions at a meeting of a board shall be decided by a majority vote.

General powers as to by-laws

19(2)

Except as herein otherwise provided, a board may enact by-laws that are not contrary to law or inconsistent with the provisions of this Act

(a) for governing its proceedings and the conduct of its affairs and business;

(b) respecting the calling of meetings of the board; and

(c) prescribing and regulating the fees and charges to be paid by any person in respect of services rendered by any officer or employee of the board;

and may enact such other by-laws and rules as may be necessary to discharge its duties and functions.

Recording of by-laws

19(3)

Every by-law of a board shall be recorded in the minutes thereof under the seal of the board and shall be signed

(a) by the chairman or the person who presided at the meeting at which the by-law was passed; and

(b) by the secretary.

Proof of by-laws

19(4)

A copy of a by-law or resolution of a board certified by the secretary under his hand to be a true copy, shall be received as evidence in any court or other tribunal without proof of the seal or the signature of the secretary.

S.M. 1998, c. 39, s. 19.

Appointment of staff by board

20

A board may employ a secretary, a treasurer, or a secretary-treasurer, and such other officers and employees as may be necessary, and fix their remuneration.

S.M. 1998, c. 39, s. 20.

General powers of board

21

Subject as herein otherwise provided, a board may exercise the powers and discharge the duties conferred or charged upon it under this Act and may enter into any contract or agreement necessary to enable it to exercise its powers or discharge its duties under this Act and in general has all the rights and is subject to all the liabilities of a corporation; and without restricting the generality of the foregoing, the board may

(a) acquire in any manner, and hold and alienate, both real and personal property as it considers advisable;

(b) expend its funds for any of the purposes of the board;

(c) promote public interest and participation in the planning and orderly development of the district;

(d) enter into any contract or agreement with any person for the purpose of the development of land;

(e) enter into an agreement with any municipality or with any person or with both a municipality and a person, for the doing jointly with that municipality or person of any act or thing that it has power to do within the district;

(f) enter into agreements with any municipalities within the district and the government or any agency of the government for the purpose of establishing and maintaining transportation and utility systems and recreational facilities to be used in common by the member municipalities of the district; and

(g) enter into agreements with any municipality within the district, the government or any agency of the government and any adjoining planning district for the purpose of developing and maintaining housing facilities.

S.M. 1998, c. 39, s. 21.

DUTIES OF BOARD

Responsibilities of board

22(1)

A board is responsible for

(a) the preparation, adoption, administration and enforcement of a development plan and any amendments to the plan; and

(b) the administration and enforcement of

(i) the zoning by-law of a member municipality,

(ii) the building by-law of a member municipality, and

(iii) the by-law for minimum standards of maintenance and occupancy of buildings of a member municipality.

Other duties of board

22(2)

A district board shall also

(a) request the advice and assistance of the council of any member municipality in the preparation of the development plan or any amendment thereto;

(b) review and co-ordinate policies and programs relating to the use of land and the provisions of public facilities by municipalities within the district;

(c) advise the minister as may be required from time to time in all matters relating to the district;

(d) perform such other duties as may be vested in it by the minister or may be delegated to it by a council of a member municipality; and

(e) prepare and submit to the member municipalities an annual report of its activities and an operating budget for the next ensuing fiscal year on or before March 1 of each year.

Development officer

22(3)

A board shall appoint a development officer who may do the following on behalf of member municipalities:

(a) subject to any conditions that the member council may impose, issue development permits, zoning memoranda, non-conforming certificates, and other similar documents;

(b) allow minor variations to the requirements of a zoning by-law as authorized under section 56.

Hearing of objections by board

22(4)

Subject to subsection 45(7), the board shall hear an objection to a zoning by-law to which a member municipality has given second reading, other than an objection described in subsection 45(6).

Board as approving authority

22(5)

Where a board has adopted a development plan under this Act, the minister may, upon the application of the board, authorize the board to act as an approving authority for the area under its jurisdiction subject to such conditions as the minister deems necessary.

Council as approving authority

22(6)

Where municipalities that are members of a planning district whose board acts as an approving authority amalgamate into a single municipality, the minister may, upon application of the council of the amalgamated municipality, authorize the council of the amalgamated municipality to act as an approving authority for the amalgamated municipality, subject to any conditions imposed by the minister.

S.M. 1993, c. 2, s. 40; S.M. 1998, c. 39, s. 22.

Agreement for services and grants

23

The minister may enter into an agreement with a board to provide technical and administrative assistance or financial grants to a planning district.

S.M. 1998, c. 39, s. 23.

PART IV

DEVELOPMENT PLANS

Preparation of development plan

24(1)

After advising the minister of its proposal to adopt a development plan, and subject to this Act, a board or council may prepare and adopt a development plan for the planning district or municipality that is designed to

(a) achieve objectives stated in the plan; and

(b) promote the optimum economic, social, environmental and physical condition of the area.

Minister's orders re development plan

24(2)

After consultation with a board or council, the minister may issue a written order to the board or council to

(a) prepare and adopt a development plan for the planning district or municipality within two years after the date of the order, or such further time as the minister may allow; or

(b) amend an adopted development plan within the time specified in the order.

Failure to comply with order

24(3)

Where the board or council fails to comply with an order under subsection (2), the minister may prepare and adopt a development plan for the planning district or municipality.

Minister's orders re development plan for airport vicinity protection area

24(4)

Where the minister finds that the operation of an airport or a proposed airport may be adversely affected by the use of land, buildings, or development in a vicinity, the minister may, after consultation with a board or council, issue a written order to the board or council to

(a) within two years after the date of the order or such further time as the minister may allow, prepare and adopt a development plan for the planning district or municipality to comply with subsection 25(5); or

(b) within the time specified in the order, amend an adopted development plan to comply with subsection 25(5).

S.M. 1993, c. 2, s. 41; S.M. 1998, c. 39, s. 24.

Purpose of a development plan

25(1)

The purposes of a development plan are

(a) to serve as a framework whereby the planning district or the municipality and the community as a whole may be guided in formulating development policies and decisions;

(b) to identify the factors relevant to the use and development of land;

(c) to identify the critical problems and opportunities concerning the development of land and the social, environmental and economic effects thereof;

(d) to set forth the desired timing, patterns and characteristics of future development of land and to determine the probable social, environmental and economic consequences thereof;

(e) to establish and specify the programs and actions necessary for the implementation of the development plan;

(f) to outline the methods whereby the best use and development of land and other resources in adjacent municipalities, districts, or affected areas immediately abutting thereto, may be co-ordinated; and

(g) to identify those matters of government concern which affect the use and development of land and other resources within the district or the municipality.

Advice and consultation

25(2)

In order to obtain participation by the residents of a planning district or municipality on issues affecting the development of the area, a board or council shall

(a) consult

(i) a qualified planning officer or consultant, and

(ii) any public authority affected by a development plan; and

(b) hold one or more public meetings and publish information on issues affecting the development of the area.

Studies and surveys required

25(3)

The development plan shall be prepared on the basis of studies and surveys of land use which are appropriate for the district, municipality, or jurisdiction, and may include agriculture, forestry, wildlife, mineral extraction, population growth, the economic base of the area, its transportation and communication needs, public services, social services, the capacity of the natural resources and environment to accommodate development, and any other matter related to the present or future physical, social or economic factors relevant to the preparation of the plan.

Contents of development plan

25(4)

A development plan shall contain,

(a) statements of objectives and policies with respect to some or all of the following matters:

(i) the development and use of land and other resources,

(ii) the conservation, management and improvement of the physical and social environment,

(iii) the control and abatement of all forms of pollution or activities deemed to be detrimental to the natural environment,

(iv) the establishment and maintenance of land banks to reserve land for future use and to ensure the orderly, economical, convenient and compatible development of land,

(v) the preservation, protection or enhancement of areas of land, buildings and structures by reason of their historical, archaeological, geological, architectural, environmental or scenic significance or character,

(vi) proposals relating to the use, changes in use or in the intensity of use of residential, commercial, industrial, recreational and open spaces, institutional, and other activities on or affecting land,

(vii) the provision of public services and facilities including,

(A) sewage collection, treatment and disposal,

(B) water supply and distribution,

(C) garbage disposal,

(D) educational and cultural institutions,

(E) recreational facilities, parks, playgrounds and other public open spaces,

(F) fire and police facilities,

(G) transportation and communication facilities,

(H) facilities for the provision of health and social services,

(I) preservation of buildings, structures, sites and areas of historical interest,

(viii) proposals dealing with

(A) the control of hazard areas such as flood plains, soil erosion areas, perma-frost areas, erosion prone slope lands, valleys and banks of waterways, marsh areas, head water areas, and similar conditions,

(B) the management and preservation of agricultural land and activities, forested areas, natural and wildlife areas and water storage areas,

(C) the protection, restoration, reclamation or use of shoreland,

(D) the subdivision of land in rural areas and the establishment of limited development areas for agriculture, water storage, wildlife,

(E) the fringe areas of cities, towns, villages, hamlets and other built-up areas,

(F) the location and creation of new communities and settlements,

(G) the development, control, rehabilitation and reclamation of top soil removal areas, gravel and sand pits, quarries and other mineral deposits,

(ix) the spatial distribution of residential development, and the renewal, rehabilitation and improvement of neighbourhoods, and urban cores,

(x) the co-ordination of programs of a board or council relating to the economic, social, and physical development of the district,

(xi) the programming of public investment in respect of public and private development, in terms of cost and available financial resources, including the phasing of the development or redevelopment of various areas,

(xii) guidelines for land use control measures and the subdivision of land,

(xiii) the fiscal capacity of the municipality to support the planned development,

(xiv) such matters other than those mentioned in this clause as are, in the opinion of the board, or council advisable;

(b) a map or series of maps, showing the division of all or part of the land in the district or municipality, as the case may be, into areas of permitted land uses or permitted land use densities, or both, as the board or council as the case may be, considers necessary for the purposes of the development plan; and

(c) such proposals as are, in the opinion of the board, or council, advisable for the implementation of policies contained in the plan.

Development plan for airport vicinity protection area

25(5)

A development plan of a planning district or municipality in respect of which an order under subsection 24(5) is made shall

(a) in conformity with the regulations, if any, made under clause 6(2)(b), establish an area in the planning district or municipality as an airport vicinity protection area; and

(b) in conformity with the regulations, if any, made under clause 6(2)(c), contain plans and policies, in addition to those described in subsection (4), for the use of land and buildings and for development in the airport vicinity protection area so as to ensure that the use and development are compatible with the operations of the airport or proposed airport.

S.M. 1993, c. 2, s. 42; S.M. 1998, c. 39, s. 25.

Periodic review of development plan

26

A board or council shall review a development plan

(a) when directed to do so by the minister; and

(b) no later than five years after

(i) the date on which the plan came into effect, or

(ii)  the previous review.

S.M. 1998, c. 39, s. 26.

ADOPTION OF A DEVELOPMENT PLAN

Plan adopted by by-law

27(1)

A board or council shall by by-law adopt a development plan.

Consultation with councils

27(2)

Before giving a development plan by-law first reading, a board shall consult with the councils of its member municipalities.

S.M. 1998, c. 39, s. 26.

Public hearing

28(1)

A board or council shall, after the first and before the second reading of a development plan by-law, hold a public hearing to receive representations from any persons regarding the proposed development plan by-law.

Notice of public hearing

28(2)

The board or council shall give notice of the public hearing under subsection (1) by

(a) publishing a copy of the notice on two occasions at least six days apart in a newspaper or other publication with general circulation in the area of the proposed development plan, during the period beginning 40 days before the hearing and ending seven days before the hearing, or where there is no newspaper or publication available, by posting a copy of the notice in each municipal office and at least two other public places in the area of the proposed development plan at least 14 days before the hearing;

(b) at least 30 days before the hearing, sending a copy of the notice to

(i) the minister,

(ii) the municipalities within the district, and

(iii) the municipalities or districts adjacent to the district or municipality; and

(c) where a development plan is being amended to change the use or density of a specific property,

(i) sending a copy of the notice to the owner of the affected property, and the owners of property shown on the assessment roll as being within 100 metres of the affected property, at least 14 days before the hearing, or

(ii) where the affected property is not remote or inaccessible, posting a copy of the notice on the affected property in accordance with subsection (3).

Posting requirements

28(3)

Where a board or council gives notice by posting under subclause (2)(c)(ii), it shall post notices of at least 28 x 43 centimetres with the title "NOTICE OF PUBLIC HEARING" printed in large bold print, and the notices shall be

(a) posted outdoors for 14 days immediately preceding the date of hearing, in a conspicuous location, and there shall be at least one notice facing each street adjacent to the affected properties;

(b) kept in legible form by the board or council; and

(c) located close enough to the street or sidewalk so that the title is legible from the street or sidewalk.

Proof of posting of notice

28(4)

Evidence that a notice was posted on two occasions at least six days apart during the 14 day period referred to in clause (3)(a) is proof that the notice was posted for the entire 14 day period.

Content of notice

28(5)

A notice under this section shall

(a) state the date, time and place of the hearing;

(b) give a summary of the development plan by-law;

(c) state that any person may make a representation regarding the by-law;

(d) describe the area affected by the by-law;

(e) state the place and times that the by-law may be inspected or copied at the board or council office; and

(f) in the case of an alteration that changes the use or density of a specific property, contain a sketch map illustrating the location of the affected properties.

Development plan inspection

28(6)

The board or council shall

(a) provide for inspection a copy of the proposed development plan by-law, with all its attached maps and sketches, at the place and times listed in the notice under clause (5)(e); and

(b) for a reasonable fee, provide copies of the development plan by-law.

Action of board or council after public hearing

28(7)

After the public hearing, the board or council shall consider whether the development plan by-law requires alteration and

(a) where the development plan by-law does not require alteration or where the alteration does not, in the opinion of the board or council, change the intent of the development plan by-law, give second reading to the by-law;

(b) where the development plan by-law requires an alteration that, in the opinion of the board or council, changes the intent of the development plan by-law,

(i) alter the development plan by-law, and

(ii) hold a second public hearing under this section to consider representations on the proposed alteration; or

(c) pass a resolution not to proceed with the development plan by-law.

Notice of resolution not to proceed

28(8)

Where the board or council passes a resolution under clause (7)(c), a copy of the resolution shall be sent to the minister and all persons who made representations at the public hearing.

Adjournment of public hearing

28(9)

The board or council may adjourn the public hearing to a fixed date.

Representations limited to alterations

28(10)

Where a second public hearing is held on an alteration to a by-law under subclause (7)(b)(ii), the board or council shall hear representations on the alteration only.

Public authority may be heard

28(11)

A public authority may authorize any person to appear before the board or council in a hearing held under this section to make representations for and on behalf of that public authority.

Record of hearing

28(12)

The board or council shall keep written minutes of a public hearing held under this section.

S.M. 1998, c. 39, s. 26.

Municipal plan as part of district development plan

29

Provided there are no changes of substance, the development plan of a member municipality may be adopted in whole and included as part of a development plan proposed by a board, and the minister may by order provide that no representations shall be received under section 28 with respect to the part of the proposed development plan so adopted and applying solely to that member municipality.

S.M. 1998, c. 39, s. 27.

Submission of plan to minister

30(1)

As soon as possible after second reading of a development plan by-law, the board or council shall submit to the minister

(a) two certified copies of the by-law; and

(b) a copy of all written representations filed at a public hearing under section 28.

Service re application to minister

30(2)

Immediately before forwarding a copy of the development plan by-law to the minister under subsection (1), the board or council shall serve personally, or by registered or certified mail, all persons who made representations at a public hearing under section 28 with a notice stating that

(a) second reading was given to the development plan by-law; and

(b) any person who made a representation at the public hearing may file an objection with the minister on or before a date specified in the notice, which shall be at least 14 days after the notice is served.

Notice where written representation is filed

30(3)

Where a written representation is filed at a public hearing on behalf of more than one person, service under subsection (2) to all persons on whose behalf the representation is made is deemed to have been made where service is effected on one of those persons.

Minister's options on consideration of by-law

30(4)

After consideration of a by-law submitted under subsection (1), the minister may,

(a) after consultation with Executive Council, approve a development plan by-law which in the minister's opinion requires

(i) no alteration, or

(ii) an alteration that is not substantive and does not change the intent of the by-law; or

(b) refer the by-law to The Municipal Board where the minister

(i) has received objections to the by-law filed under clause (2)(b); which, in the minister's opinion, require consideration by The Municipal Board, or

(ii) is of the opinion that the by-law requires a substantive alteration which changes the intent of the by-law.

Reference to board or council with approval

30(5)

Where the minister approves a by-law under clause (4)(a), the minister shall refer the by-law back to the board or council.

Board or council may proceed with by-law

30(6)

Where the minister refers a by-law back to a board or council under subsection (5), the board or council shall, if it wishes to proceed further with the by-law, make any alteration required by the minister and give third reading to the by-law.

Municipal Board hearing

30(7)

Where the minister refers a by-law to The Municipal Board under clause (4)(b), The Municipal Board shall hold a public hearing to consider the by-law and the representations made by or on behalf of any person regarding the by-law.

Notice of hearing

30(8)

The Municipal Board shall give notice of the public hearing under subsection (7) by

(a) publishing a copy of the notice on two occasions at least six days apart in a newspaper or other publication with general circulation in the area of the proposed development plan, during the period beginning 40 days before the hearing and ending seven days before the hearing, or where there is no newspaper or publication available, by posting a copy of the notice in each municipal office and at least two other public places in the area affected by the development plan by-law at least 14 days before the hearing; and

(b) sending a copy of the notice to

(i) the minister,

(ii) any person whose objections to the by-law require consideration under subclause (4)(b)(i),

(iii) the board or council,

(iv) in the case of an alteration that changes the use or density of a specific property, the owners of the affected property, and the owners of each property located within 100 metres of the affected property, and

(v) any other person that The Municipal Board deems should receive notice.

Content of notice

30(9)

A notice under subsection (8) shall include

(a) the date, time and place of the hearing;

(b) a description of the by-law and the proposed alterations;

(c) that any person may make a representation regarding the proposed alterations to the development plan by-law;

(d)  a list of the municipalities that would be included or affected by the development plan by-law; and

(e) where the use or density of a specific property is to be changed, a sketch map illustrating the location of the affected property.

Representations limited for hearings on alterations

30(10)

Subsection 28(10) applies, with such modifications as the circumstances require to a Municipal Board hearing on an alteration to a by-law.

Public authority may be heard

30(11)

A public authority may authorize any person to appear before The Municipal Board in a hearing held under this section to make representations for and on behalf of that public authority.

Municipal Board shall report to minister

30(12)

After completion of the hearing, The Municipal Board shall submit a report of its recommendations regarding the by-law to the minister.

Minister's actions on receipt of report

30(13)

After receipt and consideration of The Municipal Board's report, the minister may, after consultation with Executive Council,

(a) approve the development plan by-law with no alterations and forward it to the board or council;

(b) approve the by-law subject to required alterations and forward it to the board or council; or

(c) reject the by-law.

Third reading or resolution not to proceed

30(14)

Upon receipt of a development plan by-law under clause (13)(a) or (b), the board or council shall

(a) make the required alterations and give third reading to the by-law; or

(b) pass a resolution not to proceed further with the by-law, and send a copy of the resolution to the minister and any person who made a representation to The Municipal Board at the hearing under subsection (7).

Effective date of by-law

30(15)

On the date of third reading under this section, the development plan by-law is effective and all previously existing development plans affecting the planning district or the municipality are revoked.

By-law not subject to appeal

30(16)

A development plan by-law enacted under this section is final and binding on all persons and not subject to any appeal.

S.M. 1998, c. 39, s. 28.

Notice of development plan by-law approval

31

Immediately after third reading of a development plan by-law, the board or council shall

(a) send a certified copy of the by-law to the minister; and

(b) publish a notice in a newspaper or other publication having general circulation in the area affected by the development plan by-law stating that the by-law has been approved and showing the place where it may be inspected, or, where there is no newspaper or other publication having general circulation in the area, post a copy of the notice in each municipal office and in two other public places in the affected area.

S.M. 1998, c. 39, s. 28.

Effect of adoption of plan

32(1)

The adoption of a development plan does not require a board or council to undertake any proposal therein suggested or outlined; but no undertaking or development within the area affected by the development plan shall be carried out that is inconsistent or at variance with the proposals or policies set out in the development plan.

Zoning by-law

32(2)

Upon the adoption of a development plan the council of a municipality to which the development plan applies shall enact a zoning by-law within

(a) 12 months; or

(b) such longer period of time as the minister, after consultation with the municipality, may decide.

Existing zoning to conform to plan

32(3)

Notwithstanding subsection (2), where a zoning by-law for the municipality is in effect when a development plan by-law is adopted, the council shall amend its zoning by-law within the time required under subsection (2) to bring it into conformity with the development plan.

S.M. 1998, c. 39, s. 29.

Amendment of development plan

33

A board or council may amend an adopted development plan in accordance with the requirements of sections 27 to 32, with such modifications as the circumstances require.

S.M. 1998, c. 39, s. 30.

Land use policies do not apply

33.1

Provincial land use policies do not apply to lands subject to an adopted development plan.

S.M. 1998, c. 39, s. 31.

Acquisition and disposal of land

34

For the purpose of implementing any feature of a development plan, a district or municipality may acquire by gift or purchase or by expropriation subject to The Expropriation Act, any interest in land and may sell, lease or otherwise dispose of land or development right so acquired or held, if the land is no longer required.

35 to 37

Repealed.

S.M. 1998, c. 39, s. 32.

PART V

LAND USE CONTROL

General prohibition on development

38

No development shall take place unless

(a) the development conforms with an adopted zoning by-law and this Act;

(b) the development generally conforms with an adopted development plan; and

(c) a development permit has been issued for the development by

(i) a board, where the land is within a planning district, or

(ii) a council.

S.M. 1998, c. 39, s. 33.

ZONING BY-LAWS

Zoning by-law

39(1)

The council of a municipality may enact a zoning by-law which generally conforms to a development plan adopted for the area.

Contents of zoning by-law

39(2)

A zoning by-law shall be in a form prescribed by the minister and shall

(a) include a map or maps dividing the municipality into zones;

(b) prescribe for each zone

(i) the permitted uses of lands, buildings and structures, and

(ii) where conditional uses exist for the zone, the conditional uses;

(c) provide for the issuing of development permits and procedures for application and processing of development permits;

(d) subject to subsection 22(3), prescribe the duties of the development officer and provide for the delegation of authority

(i) to issue development permits, non-conforming certificates, zoning memoranda, and other like documents, subject to such conditions and restrictions as the council may impose, and

(ii) to allow any minor variations to the requirements of the by-law as authorized under section 56; and

(e) provide for the procedure to be followed by the owner of land, or a person acting under his or her authority who wishes to obtain an amendment to the by-law.

S.M. 1998, c. 39, s. 33.

General development standards

40(1)

In a zoning by-law, the council of a municipality shall prescribe general development standards for each zone having regard to any permitted or conditional use for the zone, and in prescribing those standards council shall have due regard to

(a) the character of the zone;

(b) the nature of the existing or proposed uses of land and buildings in the zone; and

(c) the suitability of the zone for particular uses in relation to what are, in the opinion of the council, the most appropriate uses of land within the municipality.

Development standard provisions

40(2)

Without limiting the generality of subsection (1), a zoning by-law may contain provisions prohibiting or regulating

(a) the use of land, except for such uses set out in the by-law;

(b) the construction, placement, location or use of buildings or structures except for such uses as may be set out in the by-law;

(c) the establishment of sand and gravel pits or quarries;

(d) the excavation or filling in of land or the removal or movement of soil or other material from land;

(e) the cutting and removal of trees or vegetation;

(f) the dimensions and area of lots or parcels of land that may be used in any locality for particular uses of lands or buildings;

(g) for any locality, the number of buildings, and the maximum and minimum floor area of each building, that may be constructed, located or placed on any parcel of land of such area as is specified in the by-law;

(h) the location, size and number of access points to a parcel from adjoining highways or streets, but allowing at least one point of access to the parcel from an adjoining highway or street;

(i) the location, height, dimensions, and cubic contents of any building or structure to be erected, constructed, reconstructed, altered, moved or repaired;

(j) the amount of land that, in any locality, may be covered by buildings or structures and the size of yards, lawns, courts, or other open spaces adjacent or appurtenant to any building;

(k) the minimum distance that must exist between any window in any building and any other building or structure, in order to ensure adequate air and light and fire protection;

(l) the obligation of the owner, lessee, or other occupant of buildings, or other structures erected, placed, or used for a permissible purpose after the enactment of the by-law, to provide and maintain, on property owned and occupied by him or her, any loading or parking facilities appurtenant to any such building or structure that are deemed by the council to be necessary;

(m) public outdoor signs or displays, including their form, type, size, description, or contents, and the manner of their display;

(n) the altering of land levels where it may affect drainage;

(o) the placement, height and maintenance of fences, walls, walks, hedges, shrubs and trees and other objects;

(p) the outdoor storage of goods, machinery, vehicles, building materials, waste materials and other items, and the screening and fencing of outdoor storage and parking areas;

(q) the permissible densities of population, which may be expressed on the basis of the number of dwelling units per unit of area;

(r) the outdoor lighting of any building or land;

(s) waste storage and collection areas, and facilities and enclosures for storage of water;

(t) the placement and maintenance of walls, fences, hedges, trees and shrubs and other objects to provide a buffer between lands for different purposes;

(u) the hours of any use of land or buildings;

(v) the sequence of development, including commencement and completion;

(w) standards for a Planned Unit Development District;

(x) standards and provisions for establishing Municipal Heritage Conservation Zones which may include one or more of the following:

(i) the application for, and the issuance and cancellation of, permits or certificates for the construction, demolition, or alteration of a building or part of a building within a Municipal Heritage Conservation Zone,

(ii)  the construction, demolition, or alteration of a building or part of a building within a Municipal Heritage Conservation Zone,

(iii) the exterior design, appearance or surface materials of an existing building or structure that may be reconstructed, moved, repaired or altered;

(iv) the placement of utility poles and wires.

Special provisions for unsuitable lands

40(3)

A zoning by-law may contain special provisions prohibiting or regulating the erection, construction, location or placement of a building or structure

(a) within a specified distance of any natural or artificial lake, river, watercourse or body of water;

(b) on land that is subject to flooding, erosion or subsidence or is low lying, marshy, unstable or subject to perma-frost, or is otherwise unsuitable or hazardous for a proposed use because of its soil characteristics, instability, inadequate drainage, topography or slope.

Zoning by-law for airport vicinity protection area

40(4)

In addition to matters described in subsections (1), (2) and (3), a zoning by-law with respect to an airport vicinity protection area shall, in conformity with the regulations, if any, made under clause 6(2)(d), control or prohibit the use of land and buildings and any development in the airport vicinity protection area or any part of it to ensure that the use of land or buildings and development are compatible with the operations of the airport or proposed airport.

Power to prohibit or regulate includes power to permit

40(5)

The power to prohibit or regulate provided in subsections (2) and (3) includes the power to permit any matter referred to in those subsections.

S.M. 1998, c. 39, s. 33.

Council's duty re development standards

41

When establishing and adopting development standards, the council shall ensure

(a) for a zoning by-law, that the development standards in the by-law conform with the development plan; and

(b) for an airport vicinity protection area, that the development standards in the by-law are consistent with the development plan and comply with subsection 40(4).

S.M. 1998, c. 39, s. 33.

First reading and public hearing of zoning by-law

42(1)

Council shall give notice of its intention to enact a zoning by-law by

(a) giving first reading to the by-law; and

(b) holding a public hearing to receive representations from any persons regarding the zoning by-law.

Notice of public hearing

42(2)

Council shall give notice of a public hearing under subsection (1) by

(a) publishing a copy of the notice on two occasions at least six days apart in a newspaper or other publication with general circulation in the municipality during the period beginning 40 days before the hearing and ending seven days before the hearing, or where there is no newspaper or publication available, by posting a copy of the notice in the municipal office and at least two other public places in the municipality at least 14 days before the hearing;

(b) at least 30 days before the hearing, sending a copy of the notice to

(i) the minister,

(ii) any adjacent municipalities or planning districts,

(iii) if the municipality is within a planning district, the planning district and the other municipalities in the planning district, if any; and

(c) where the zoning by-law is being amended to change the use or density of a specific property,

(i) sending a copy of the notice to the owner of the affected property, and the owners of property shown on the assessment roll as being located within 100 metres of the affected property, at least 14 days before the hearing, or

(ii) where the affected property is not remote or inaccessible, posting a copy of the notice on the affected property in accordance with subsection (3).

Requirements for posting notices

42(3)

Where council gives notice of the public hearing by posting, it shall post notices of at least 28 x 43 centimetres with the title "NOTICE OF PUBLIC HEARING" printed in large bold print, and the notices shall be

(a) posted outdoors for 14 days immediately preceding the date of hearing, in a conspicuous location, and there shall be at least one notice facing each street adjacent to the affected properties;

(b) kept in legible form by the council; and

(c) located close enough to the street or sidewalk so that "NOTICE OF PUBLIC HEARING" is legible from the street or sidewalk.

Proof of posting of notice

42(4)

Evidence that a notice was posted on two occasions at least six days apart during the 14 day period referred to in clause (3)(a) is proof that the notice was posted for the entire 14 day period.

Content of notice

42(5)

A notice under subsection (2) shall

(a) state the date, time and place of the hearing;

(b) state a summary of the zoning by-law;

(c) state that any person may make a representation regarding the by-law;

(d) state the place and times that the by-law may be inspected or copied at the municipal office;

(e) in the case of an amendment that changes the use or density of a specific property, contain a sketch map illustrating, by named streets or other identifying boundaries, the general area within which the affected property is located; and

(f) where the by-law is of general application and does not change the use or density of specific properties, describe the area affected by reference to zones or to the municipality as a whole.

Zoning by-law inspection

42(6)

The council shall

(a) provide for inspection a copy of the proposed zoning by-law, with all its attached maps and sketches, at the place and time stated in the notice under clause (5)(d); and

(b) for a reasonable fee, provide copies of the proposed zoning by-law.

Public authority may be heard

42(7)

A public authority may authorize any person to appear before council in any hearing held under subsection (1), to make representations for and on behalf of that public authority.

Alteration of by-law, etc.

42(8)

Subject to subsection (9), where after a public hearing council proposes to alter the by-law, council shall not pass the by-law until the alteration has been advertised and made available for inspection, and a second public hearing has been held in accordance with this section.

No inspection or hearing necessary for minor alteration

42(9)

Council may dispense with the requirements of subsection (8) where, in the opinion of council, the proposed alteration to a by-law does not change the intent of the by-law.

Adjournment of public hearing

42(10)

Council may adjourn a public hearing under subsection (1) to a fixed date.

Representations limited to alterations

42(11)

Where a second public hearing is held on an alteration to a by-law under this section, council shall hear representations on the alteration only.

Record of hearing

42(12)

Council shall keep written minutes of a public hearing under this section.

S.M. 1998, c. 39, s. 33.

Action of council after public hearings

43(1)

After the completion of public hearings under section 42, council shall

(a) where there is no objection to the by-law, give it second and third readings and send

(i) a copy of the by-law to the minister, and the board where applicable, and

(ii) a notice stating that the by-law has been adopted to all persons who made representations at a public hearing under this section;

(b) where there is an objection to the by-law, give it second reading and serve personally or by registered or certified mail, a notice on any person who objected to the by-law or an alteration to the by-law, stating that he or she may make an objection to the by-law or the alteration, within 14 days after the date of service by

(i) filing a second objection to the by-law with The Municipal Board or the board, if applicable, and

(ii) sending a copy of the second objection to the council; or

(c) pass a resolution not to proceed with the by-law and send a copy of the resolution to

(i) the minister,

(ii) the board, where applicable, and

(iii) any person who made a representation at a public hearing under this section.

Notice where written representation is filed

43(2)

Where a written representation is filed at a public hearing under this section on behalf of more than one person, notice under clause (1)(b) to all persons on whose behalf the representation is made is deemed to have been made where a notice is served on one of those persons.

Action where no second objections received

43(3)

Where council receives no copy of a second objection filed under clause (1)(b), the council may give third reading to the by-law, and if third reading is given, shall

(a) send a copy of the by-law to the minister and a board where applicable; and

(b) send to each person who made or filed an objection to the by-law, a notice stating that the council has adopted the by-law.

S.M. 1993, c. 2, s. 43; S.M. 1998, c. 39, s. 33.

Action where second objections received

44

Where council receives a copy of a second objection made under clause 43(1)(b), council shall not give third reading to the by-law unless

(a) The Municipal Board or the board, confirms those parts of the by-law to which objection was made; or

(b) the by-law complies with the decision of The Municipal Board or the board under subsection 45(3) or (4).

S.M. 1993, c. 2, s. 44; S.M. 1998, c. 39, s. 33.

Hearing by Municipal Board or board

45(1)

On receipt of a second objection under clause 43(1)(b), The Municipal Board or the board shall

(a) fix a date, time and place for the hearing of the objection;

(b) give not less than 14 days notice of the hearing in writing, to the person objecting, to the municipality, and to any other person whom it deems should receive notice; and

(c) on the date, and at the time and place, stated in the notice, sit and hear the representations of any person given on his or her own behalf or on behalf of another.

Public authority may be heard

45(2)

A public authority may authorize any person to appear before The Municipal Board or board in a hearing held under subsection (1), to make representations for and on behalf of that public authority.

Disposition of objection

45(3)

Within 30 days after the conclusion of a hearing under this section, The Municipal Board or the board shall

(a) make an order confirming or refusing to confirm any part of the by-law to which objection was made;

(b) make an order that council alter the by-law in such manner and subject to such terms and conditions as it may prescribe; and

(c) send a copy of the order to

(i) the minister,

(ii) the board, if applicable,

(iii) those persons who made representations at the hearing, and

(iv) council.

Procedures on alteration

45(4)

This section and sections 42 to 44 apply to an alteration pursuant to an order under clause (3)(b), unless The Municipal Board or the board in its order authorized council to make the alteration at third reading, either without notice or with such notice as may be stipulated in the order.

By-law to conform to order of board

45(5)

Where The Municipal Board or the board makes an order under subsection (3), council shall not give third reading to the by-law unless it conforms to the order of the board and if third reading is given, the board shall send

(a) a copy of the by-law to the minister; and

(b) a notice of third reading to the by-law to all persons who were given notice under clause 43(1)(b).

Objection heard by Municipal Board

45(6)

The Municipal Board shall hear an objection with respect to a zoning by-law under clause 43(1)(b) filed by

(a) the board or the council of an adjoining municipality, if the objection is in respect of an area other than an airport vicinity protection area; and

(b) the board or the council of an adjoining municipality or the government of Canada or the government of Manitoba, if the objection is in respect of an airport vicinity protection area.

Transfer of objections to Municipal Board

45(7)

Where an objection is filed with The Municipal Board under clause 43(1)(b) by

(a) a board or the council of an adjoining municipality in respect of an area other than an airport vicinity protection area; or

(b) a board, the council of an adjoining municipality, the government of Canada or the government of Manitoba in respect of an airport vicinity protection area;

all objections filed with a board under clause 43(1)(b) shall be transferred by the board to The Municipal Board for hearing in accordance with the provisions of this section; and, upon receiving an objection, The Municipal Board shall forthwith notify the board, if any, that any objection filed with the board is to be transferred in accordance with this subsection.

Order not subject to appeal

45(8)

The order of The Municipal Board or a board under this section is final and binding on all persons and is not subject to any appeal.

S.M. 1998, c. 39, s. 33.

Agreement with municipality

46(1)

Where an application is made for an amendment to a zoning by-law, council may require the owner or the person entitled to be registered as owner of the land, building or structure to which the amendment will apply, as a condition to its enactment, to enter into a development agreement with the municipality in respect of that land as well as contiguous land owned or leased by the applicant dealing with any one or more of the following matters:

(a) the use of the land and any existing or proposed building or structure;

(b) the timing of construction of any proposed building or structure;

(c) the siting and design including exterior materials of any proposed building or structure;

(d) traffic control and the provision of parking;

(e) landscaping, the provision of open space and the grading of the land;

(f) the construction by or at the expense of the owner or applicant, in whole or in part, of roads, sidewalks, fencing, landscaping, and street lighting and of works, plants, pipelines or facilities for storm drainage, water supply and distribution, and the collection and disposal of sewage, or any one or more of them;

(g) the payment of a sum of money to the municipality in lieu of the requirement under clause (f) to be used by the municipality for any of the purposes referred to in that clause;

(h) the dedication of land or payment of money in lieu thereof, where the application is for a zoning classification to permit a residential use, use for a mobile home park or an increase in residential density, in which case clauses 70(f) and (g) shall apply to the dedication.

Effect of registering agreement

46(2)

An agreement referred to in subsection (1) may provide that it runs with the land, and when a caveat with a copy of the agreement attached thereto, is filed in the appropriate land titles office, the agreement shall, without special mention thereof in the agreement, be deemed to bind the owner of the land affected thereby, and the owner's heirs, executors, administrators, successors and assigns.

Execution of agreement before amendment of by-law

46(3)

Council may authorize the execution of the development agreement before the adoption of any amendment to the zoning by-law, but the development agreement is not binding on the parties thereto until the final adoption of the amendment to the zoning by-law.

S.M. 1996, c. 58, s. 466; S.M. 1998, c. 39, s. 33.

Quashing of by-law

47(1)

After a zoning by-law has been given third reading it shall conclusively be deemed to have been within the power of the municipality to enact; and any proceeding to quash the by-law shall be taken in accordance with the provisions of The Municipal Act.

Amending a zoning by-law

47(2)

A zoning by-law may be amended by council in accordance with sections 40 to 47, with such modifications as the circumstances require.

Zoning memorandum may be issued

47(3)

Upon the application of any person having an interest in land, land use, a building or structure within the area affected by a zoning by-law, the municipality or the planning district shall issue a zoning memorandum to the person stating whether or not the land use, building or structure appears to conform with the zoning by-law.

S.M. 1998, c. 39, s. 33.

NON-CONFORMITIES

Continuance of lawfully existing non-conformities

48(1)

Subject to the provisions of this Act, the enactment of a zoning by-law does not affect any land, building or structure, or any use or intensity of use of land, buildings or structures that were lawfully in existence before the coming into force of the by-law.

Structure or parcel deemed to be existing

48(2)

In addition to a building or structure that is completed or a parcel of land registered in the land titles office, a building, structure or parcel shall be deemed to be in existence at the date of the enactment of a zoning by-law if, on that date

(a) in the case of a building or structure

(i) it was lawfully under construction, or

(ii) the permit for its construction was in force and effect; and

(b) in the case of a parcel, a conditional approval for subdivision had been issued by the approving authority in accordance with subsection 64(2);

and the construction or registration in the land titles office is commenced within the allowable period for the commencement of construction or registration given in the permit under subclause (a)(ii) or the approval under clause (b).

Certificate may be issued

48(3)

A certificate may be issued by council or a board upon the application of any person having an interest therein, describing the land, building or structure, or the use or intensity of use of land or a building or structure that was lawfully in existence at the date of the enactment of a zoning by-law, and stating that it may continue to exist although it does not conform to the zoning by-law.

Certificate as evidence

48(4)

The certificate referred to in subsection (3), is conclusive evidence of the facts stated in the certificate.

S.M. 1993, c. 2, s. 45; S.M. 1998, c. 39, s. 33.

Cancellation of permit

49(1)

Notwithstanding subclause 48(2)(a)(ii), a permit issued for the construction of a building or structure may be cancelled, if at the time of the enactment of a zoning by-law, construction of the building or other structure has not commenced and the building or other structure, if constructed, would not conform to the by-law.

Payment of certain expenses where permit cancelled

49(2)

Where a permit is cancelled under subsection (1), the municipality or district shall pay to the person on whose behalf the permit was obtained, such reasonable expenses incurred in the preparation of plans for the building or structure and the promotion of the development as may be agreed upon by the municipality or district and that person.

Where parties fail to agree on amount

49(3)

Where the parties are unable to agree upon the amount to be paid under subsection (2), the person on whose behalf the permit was obtained may require that the municipality or district submit the matter forthwith to arbitration by serving a written notice to that effect upon the municipality or district.

Arbitration

49(4)

The arbitration shall be by a single arbitrator appointed by the parties, or by the minister if they are unable to agree, and the provisions of The Arbitration Act apply, with such modifications as the circumstances require.

S.M. 1998, c. 39, s. 33.

Structural alteration prohibited

50(1)

Notwithstanding section 48, and except as allowed under subsection (4), or permitted by the by-law, no structural alteration except as required by law shall be made to a building or other structure during the period that

(a) a non-conforming use of the building or structure is continued; or

(b) the building or structure does not conform to the zoning by-law.

Increase in intensity or non-conforming use

50(2)

Where the existing use of a building, structure or land does not conform to a zoning by-law, that use may not be intensified or changed to another non-conforming use.

Non-conforming parcels

50(3)

Where a parcel of land is smaller in area than the size required by the zoning by-law in which the parcel is located, the owner of the land may

(a) use the land for any use permitted under the by-law; or

(b) where all other requirements of the by-law such as yards, building height, and floor area are met, construct or alter a structure on the land.

Alteration to non-conforming structure allowed

50(4)

Notwithstanding subsection (1), and subject to the zoning by-law, an owner may structurally alter, add to or reduce the size of a building or other structure which is non-conforming because of its size or location in relation to lot lines, and not because of its use, where the alteration

(a) does not otherwise conflict with the zoning by-law; and

(b) does not increase the degree of non-conformity.

Where non-conforming structure damaged

50(5)

Except where a zoning by-law otherwise permits, where a building or structure that does not conform to the provisions of a zoning by-law is destroyed or damaged to an extent that, in the opinion of council, is 50% or more of the replacement value of the building or structure above its foundation, the building or structure shall not be repaired or rebuilt except in conformity with the provisions of the by-law.

S.M. 1998, c. 39, s. 33.

Discontinuance of non-conforming use

51(1)

Where the non-conforming use of land or a building or structure has been discontinued for more than 12 consecutive months, it shall not thereafter be used except in conformity with the zoning by-law.

Change in tenants not deemed to affect use

51(2)

A change of tenants or occupants of any land, building or structure shall not of itself be deemed to affect the use of the land, building or structure for the purposes of this section.

Non-conformity may be altered by variation

51(3)

Upon application of the owner and subject to sections 55 and 56, council may, in its discretion, allow by variation order

(a) the structural alteration of a building containing a non-conforming use;

(b) the structural alteration of a non-conforming building or structure beyond that permitted under subsection 50(4);

(c) the increase in size or intensity of use of an existing non-conforming use;

(d) the rebuilding of a structure that has been more than 50% destroyed as referred to in subsection 50(5); or

(e) the extension of the 12 month time limit under subsection (1) for a period not exceeding 12 additional months.

S.M. 1998, c. 39, s. 33.

Council may acquire non-conforming building or land

52

A municipality may, by expropriation, lease, exchange or purchase, acquire any land, building or structure that does not conform to a zoning by-law and may dispose of the land, building, or structure, in any manner that it considers advisable.

S.M. 1998, c. 39, s. 33.

CONDITIONAL USES

Application for Conditional Use

Application for conditional use

53(1)

Where a zoning by-law provides for a conditional use, an application for approval of a conditional use shall be made to council by the owner of the land, building or structure or by a person authorized in writing by the owner and shall be in such form and accompanied by such material and payment of such fee as the council deems advisable.

Applications Relating to Livestock Operation

Minister to receive copy of application

53(1.1)

Council shall ensure that when an application referred to in subsection 53.1(1) (livestock operation) is received, a copy of the application and accompanying material is immediately sent to the minister.

Notice of Hearing

Council to fix hearing date and give notice

53(2)

On receipt of an application for conditional use other than an application that is subject to section 53.1 (livestock operation), council shall

(a) fix a hearing date for the application which shall be no later than 40 days after the date the application was filed;

(b) at least 14 days before the date of hearing,

(i) send a notice of the hearing to the applicant, and

(ii) post a notice of hearing in the municipal office and at least two other public places; and

(c) at least 14 days before the date of hearing, send a notice of hearing to owners of property shown on the assessment roll as being within 100 metres of the property in respect of which the application is being made or, where the affected property is not remote or inaccessible, post a copy of the notice on the affected property in accordance with subsection (3).

Posting requirements

53(3)

Where a council gives notice by posting under clause (2)(c), it shall post notices of at least 28 x 43 centimetres with the title "NOTICE OF PUBLIC HEARING" printed in large bold print, and the notices shall be

(a) posted outdoors for 14 days immediately preceding the date of hearing, in a conspicuous location, and there shall be at least one notice facing each street adjacent to the affected properties;

(b) kept in legible form by council; and

(c) located close enough to the street or sidewalk so that the title is legible from the street or sidewalk.

Proof of posting of notice

53(4)

Evidence that a notice was posted on two occasions at least six days apart during the 14 day period referred to in clause (3)(a) is proof that the notice was posted for the entire 14 day period.

Hearing

Hearing

53(5)

On the date, time and place stated in the notice, council shall hold a hearing to receive representations of the applicant and any other person who desires to make representations either on his or her own behalf or on behalf of another.

Record of hearing to be kept

53(5.1)

Council shall keep written minutes of a public hearing under this section.

Adjournment of public hearing

53(6)

Council may adjourn a public hearing under this section to a fixed date.

Council's Decision

Decision of council

53(7)

On completion of the hearing and consideration of the matter, council shall

(a) reject the application; or

(b) approve the application if the facts presented are such as to establish

(i) that the proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighbourhood, the community and the general environment, and

(ii) that such use or feature as proposed will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity, or injurious to property, improvements, or potential development in the vicinity, with respect to aspects including but not limited to

(A) the nature of the proposed site, including its size and shape, and the proposed size, shape, and arrangement of structures,

(B) the accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading,

(C) the safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust, and odour, and

(D) treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs, and

(iii) that such use or feature as proposed will comply with the applicable provisions of the zoning by-law and the development plan.

Conditions of approval

53(8)

When approving a conditional use as provided herein, the council, may prescribe such additional conditions, beyond those specified in the zoning by-law and development plan, as are in its opinion necessary to secure the objectives of the zoning by-law and development plan, and the council may revoke the conditional use authorized for any violation of any conditions imposed by it.

Modification of conditions

53(9)

Authorization of a change in any condition previously imposed in the authorization of a conditional use is subject to the same procedures as for a new conditional use.

53(10) Renumbered as subsection 53(5.1).

Notice of decision

53(11)

Council shall cause a copy of its decision to be

(a) served upon the applicant personally or by registered or certified mail;

(b) sent to each person who made a representation at the hearing; and

(c) in the case of an application under subsection (1.1) (livestock operation), sent to the minister.

Decision not subject to appeal

53(12)

The decision of council under subsection (7) is final and binding on the municipality and all persons and not subject to any appeal.

Expiry of approval

53(13)

The approval of council under clause (7)(b) shall expire and cease to have any effect if it is not acted upon within 12 months of the date of the decision, unless it is renewed before the expiry date at the discretion of council for an additional period not exceeding 12 months.

S.M. 1998, c. 39, s. 33; S.M. 2000, c. 36, s. 2.

Livestock Operations

Application re livestock operation

53.1(1)

This section applies to an application for a conditional use that relates to the production of livestock in the amount of 400 or more animal units, as defined under The Environment Act.

Subsections 53(3) to (13) apply

53.1(2)

Subsections 53(3) to (13) apply to an application referred to in subsection (1), subject to this section.

Hearing Date

Council to fix date after T.R.C. report received

53.1(3)

The date fixed by council for a hearing respecting an application under subsection (1) shall be no sooner than 30 days after council receives the report and recommendations of the Technical Review Committee under subsection (7).

Notice

Council to give notice of hearing

53.1(4)

Council shall

(a) at least 14 days before the date of hearing,

(i) send a notice of the hearing to the applicant, and

(ii) publish the notice in one issue of a newspaper or other publication with a general circulation in the municipality or, when no publication is available, post the notice in the municipal office and at least two other public places; and

(b) at least 14 days before the date of hearing, send a notice of the hearing to owners of property shown on the assessment roll as being within two kilometres of the property in respect of which the application is being made or, where the affected property is not remote or inaccessible, post the notice on the affected property in accordance with subsection 53(3).

Notice to include availability of T.R.C. report

53.1(5)

The notice of hearing must include notice that the report and recommendations of the technical review committee are available for inspection and copying at the municipal office.

Technical Review Committees

Appointment of Technical Review Committees

53.1(6)

The minister may appoint a committee, to be known as the Technical Review Committee, for each region of the province, as the minister considers appropriate.

Minister to refer application to regional T.R.C.

53.1(7)

On receipt of an application under subsection (1.1) (livestock operation), the minister shall refer it to the appropriate Technical Review Committee to prepare a report and make recommendations to the council in respect of the proposed conditional use.

Committee may require additional material

53.1(8)

A Technical Review Committee may require an applicant for a conditional use to provide material in addition to the material required by the council under subsection 53(1).

Report to be made available at municipal office

53.1(9)

Council shall make the report and recommendations of the technical review committee available for inspection and copying at the municipal office.

No development until all approvals obtained

53.1(10)

No development shall take place in respect of an application that is subject to this section until

(a) council approves the application under clause 53(7)(b) and the applicant complies, or agrees to comply, with any condition prescribed by council under subsection 53(8); and

(b) the applicant obtains every approval, including any permit or licence, required under an Act, regulation or by-law in respect of the proposed conditional use, and complies with, or agrees to comply with, any condition attached to an approval.

S.M. 2000, c. 36, s. 3.

VARIATION ORDERS

Council may issue variation orders

54

Council may issue variation orders for the purpose of varying its zoning by-law in accordance with sections 55 and 56.

S.M. 1998, c. 39, s. 33.

Application for variation order

55(1)

Any person who is of the opinion that a zoning by-law injuriously or adversely affects him or her, or his or her property or rights, may at any time apply to council of the municipality in which the property affected is located, in such form and accompanied by such supporting material and fee as council may require for an order varying or altering the application of the by-law in one or more of the ways authorized by subsection (3).

Conditions of variation order

55(2)

An order varying the application of a zoning by-law may be made only where the council is satisfied that

(a) the general environment, amenity and convenience of the community as a whole will not be adversely affected; and

(b) the general environment, amenity, convenience, character and value of adjoining properties will not be adversely affected.

Types of variation order

55(3)

Council may reject an application made under subsection (1) or it may vary the application of the zoning by-law in one or more of the following ways:

(a) by varying the height, site area, site width, site coverage, separation distances, floor area and cubic contents of a building, front yard, side yard, rear yard, and dwelling unit density requirements as they apply to an individual site;

(b) by permitting an existing building or use, which complies with the provisions of the zone in which it is located, to be extended into another zone, if

(i) the land into which the use or building is to extend is located adjacent to the existing building or use, and is not separated therefrom by a lane or public thoroughfare,

(ii) the land into which the use or building is to be extended is owned by the owner of the existing building at the time the zoning by-law in question came into force and effect,

(iii) the extension of the building or use encroaches no more than 20 metres into the adjacent zone, and

(iv) the minimum yard and height requirements of the adjacent zone are complied with;

(c) by varying automobile parking space or loading space requirements where, in the particular instance, the variation will not be inconsistent with the purpose and intent of those requirements;

(d) by permitting the waiver of the requirement that automobile parking space be provided on the same site as the building or use, if other suitable and convenient parking space is available;

(e) by permitting, in connection with an authorized use in a zone designated in a zoning by-law as an "Agricultural Zone" or as a "Rural Zone", such commercial or industrial uses as are purely incidental to such authorized use;

(f) by permitting in a zone designated in a zoning by-law as a "one family dwelling zone" or as a "single family dwelling zone" the conversion of a one family dwelling into a two family dwelling, if

(i)  council is satisfied that the conversion is necessary to maintain the dwelling in a reasonable manner for the remainder of its economic life,

(ii) the minimum dwelling unit area standards for a two family dwelling zone are maintained, and the minimum parking facilities are provided as required in such a zone,

(iii) the general design and the external appearance is maintained, and

(iv) when the useful life of the dwelling has terminated, or the dwelling is demolished or destroyed in part or completely, the site will revert to the zoning requirements of the zone in which it is located;

(g) by varying the requirements for walls, fences, hedges, trees, shrubs or other encroachments into yards as they apply to an individual site within a particular zone;

(h) by varying the requirements for all types of signs as they apply to an individual site within a particular zone;

(i) by permitting a proposed use of land, building or structure that is not listed as a permitted or conditional use in that zone, if in the opinion of council, it is readily identifiable as being similar to the uses of land, buildings or structures defined in general terms in the by-law for that particular zone,

(j) permitting variations of non-conformities as referred to in subsection 51(3).

Variation hearing to be held by council

55(4)

On receipt of an application for variation, council shall,

(a) fix a date for the hearing of the application which shall be not later than 40 days after the date of the filing of the application;

(b) at least 14 days before the date of hearing send a notice showing the time and place of the hearing to the applicant by registered or certified mail; and

(c) at least 14 days before the date of hearing, send a notice showing the time and place of the hearing to owners of property shown on the assessment roll as being located within 100 metres of the property in respect of which the application is being made, or, where the property is not remote or inaccessible, post a notice on the affected property in accordance with subsection (5).

Posting requirements

55(5)

Where a council gives notice by posting under clause (4)(c), it shall post notices of at least 28 x 43 centimetres with the title "NOTICE OF PUBLIC HEARING" printed in large bold print, and the notices shall be

(a) posted outdoors for 14 days immediately preceding the date of hearing, in a conspicuous location, and there shall be at least one notice facing each street adjacent to the affected properties;

(b) kept in legible form by council; and

(c) located close enough to the street or sidewalk so that the title is legible from the street or sidewalk.

Proof of posting of notice

55(6)

Evidence that a notice was posted on two occasions at least six days apart during the 14 day period referred to in clause (5)(a) is proof that the notice was posted for the entire 14 day period.

Public hearing

55(7)

On the date, time and place stated in the notice, council shall hold a public hearing to receive representations of the applicant and any other person who desires to make representations either on his or her own behalf or on behalf of another.

Variation order

55(8)

On completion of the hearing and consideration of the matter, council may by order,

(a) reject the application; or

(b) vary the application of the zoning by-law, subject to such conditions as council considers necessary or desirable to maintain the intent and purpose of the development plan or the zoning by-law.

Adjournment of public hearing

55(9)

Council may adjourn a public hearing under this section to a fixed date.

Record of hearing to be kept

55(10)

Council shall keep written minutes of a public hearing under this section.

Notification re order

55(11)

Council shall cause a copy of its order to be

(a) served upon the applicant personally or by registered or certified mail; and

(b) sent to any person who made a representation at the hearing.

Order not subject to appeal

55(12)

A variation order made by council under subsection (8) is final and binding on the municipality and all persons and is not subject to any appeal.

Expiry of order

55(13)

A variation order made under subsection (8) shall expire and cease to have any effect if it is not acted upon within 12 months from the date it was made, unless it is renewed before the expiry date at the discretion of council for an additional period not exceeding 12 months.

Council may revoke order

55(14)

Council may revoke a variation order made under subsection (8) or 51(3) for any violation by an owner or applicant.

S.M. 1998, c. 39, s. 33.

Authority of development officer to grant minor variations

56(1)

The council of a municipality may, by by-law, authorize its development officer or the development officer of the planning district to, in his or her discretion, grant or refuse a minor variation, not to exceed 10%, of the requirements of a zoning by-law governing a front, side, rear or any other yard.

Application for minor variation

56(2)

Notwithstanding subsection 55(1), where council under subsection (1) has authorized a development officer to grant or refuse a minor variation of a zoning by-law, an application for the variation shall be made to the development officer, in such form together with such fee as the municipality's by-law may require.

Action to be taken by development officer

56(3)

On receipt of an application for a minor variation under subsection (2), the development officer may, by order,

(a) reject the application; or

(b) vary the application of the zoning by-law in accordance with the limits established by by-law of council.

Notice to applicant

56(4)

Where council authorizes a development officer to grant or refuse minor variations under subsection (1), the development officer shall immediately after granting or refusing a variation order personally serve or send by registered mail or certified mail to the applicant

(a) a copy of the minor variation order; or

(b) written notice of rejection of the application, and advice of the applicant's right to appeal under subsection (5).

Appeal of minor variation

56(5)

An applicant who is refused a minor variation by the development officer may appeal the decision to council, and subsections 55(4) to (14) apply with such modifications as the circumstances require.

S.M. 1998, c. 39, s. 33.

INTERIM DEVELOPMENT CONTROL ORDERS

Interim development control order

57(1)

The minister may by order, published in the Manitoba Gazette, declare that a planning district, a municipality, or any part thereof, is an interim development control area.

Publication of notice

57(2)

The board or council shall publish a notice of an order made under subsection (1) in a newspaper having a general circulation in the area at least once a week for two successive weeks.

Development control

57(3)

Within an interim development control area, no development shall take place unless a development permit therefor has been obtained from

(a) the board, if the area is within a planning district; or

(b) in all other cases, the council.

Development permit

57(4)

The board or the council may in its discretion issue or refuse to issue a development permit or issue a development permit subject to specified terms and conditions, and in exercising its discretion the board or council shall have regard to the conformity of the proposed development to the proposed development plan.

Expiry of development permit

57(5)

If the development authorized by a development permit issued under this section is not commenced within 12 months from the date of its issue, the development permit ceases to be valid.

Duration of order

57(6)

An order made under subsection (1) shall cease to be in effect after a period of time specified therein or upon the enactment of a zoning by-law, whichever comes first.

Provision in order

57(7)

An order made under subsection (1) may provide that a development permit is not required for those types of development specified therein or that a development permit is required for only those types of development specified therein, and subsection (3) shall be construed accordingly.

S.M. 1998, c. 39, s. 33.

DEVELOPMENT PERMITS

Development permit

58(1)

Every development permit shall be deemed to contain a condition that the development to be carried out under it shall conform in all respects to the terms, provisions and specifications of the application for the permit as finally approved, and shall be completed within a reasonable period of time.

Building permit

58(2)

A building permit is not valid unless a valid and subsisting development permit, where such permit is required, has been issued.

Withholding of permit

58(3)

Notwithstanding any other provision of this Act or the provisions of any building by-law, council or the board may cause a permit for the construction of any building or structure or the use of the land to be withheld for a period of 60 days from the date of the application for the permit.

Rejection of permit

58(4)

Within the period provided in subsection (3), council or the board shall consider the application for the permit and may reject the application if it is of the opinion that the proposed building, structure or use of land does not conform with the provisions of the development plan, zoning by-law or this Act.

Extension of period

58(5)

In addition to the period of 60 days referred to in subsection (3), the board or council may withhold the permit for a further 125 days if

(a) the board or council is of the opinion that the proposed building, structure or use of land would not conform to the provisions of a development plan that is not adopted but has been authorized by the board or council to be prepared for adoption under this Act at the time the application for the permit was made; or

(b) at the time application for the permit was made, the council had passed a resolution authorizing the preparation of a zoning by-law or a development plan by-law.

Refusal or granting of permit

58(6)

Where a development plan by-law or a zoning by-law is enacted within the periods referred to in subsections (3) and (5), the permit applied for may be refused, but where a development plan by-law is not enacted within those periods, the permit applied for shall not be further withheld, and the owner of the land in respect of which the permit was withheld pursuant to subsection (5) shall be entitled to compensation for the damages necessarily resulting from the withholding of that permit, and subsections 49(2), (3) and (4) apply, with such modifications as the circumstances require.

S.M. 1998, c. 39, s. 33.

Dwelling units permitted on a parcel

59(1)

No person shall construct, locate or place or cause to be constructed, located or placed more than one dwelling unit or mobile home on a parcel.

Development officer not to issue permit

59(2)

A development officer shall not issue a development permit to a person for the construction, location or placing of more than one dwelling unit or mobile home on a parcel.

Exceptions to subsections (1) and (2)

59(3)

Subsections (1) and (2) do not apply where the second or any additional dwelling unit or mobile home

(a) is to be used in connection with or ancillary to a commercial, agricultural or industrial use; or

(b) is a mobile home forming part of a mobile home park approved by a municipality.

Existing zoning by-law to prevail

59(4)

Nothing in subsection (1), (2) or (3) prohibits the development of a parcel or the construction, location or placing of a dwelling unit on the parcel that is authorized by an existing zoning by-law.

S.M. 1998, c. 39, s. 33.

PART VI

SUBDIVISION CONTROL

Restriction on registration of certain instruments

60(1)

Except as provided in subsection (3), a District Registrar shall not accept for registration any instrument, including an order or judgment of a court, that has the effect or that may have the effect of subdividing a parcel unless the subdivision has been approved by the approving authority.

Caveat void

60(2)

A caveat that is filed contrary to subsection 148(2) of The Real Property Act is void.

Exceptions to subsection (1)

60(3)

A District Registrar may accept for registration without subdivision approval an instrument that has the effect or that may have the effect of subdividing a parcel, where

(a) each parcel resulting from the subdivision

(i) consists of 80 acres or more in area and either abuts on a highway or is being consolidated with an adjoining parcel of land which abuts on a highway, or

(ii) consists of two or more legal subdivisions which abut each other and the resulting parcel either abuts on a highway or is being consolidated with an adjoining parcel of land which abuts on a highway, or

(iii) consists of one or more whole lots or blocks in a registered plan of subdivision, or

(iv) consists of one or more whole lots or blocks and any existing part or parts of a lot or block contiguous thereto in a registered plan of subdivision, or

(v) consists of at least one parish lot, or more if contiguous, in either the inner or the outer two miles, or a settlement lot; or

(b) the instrument is a lease

(i) of land on which there is a multi-tenant structure, or

(ii) of premises within a multi-tenant structure;

(c) the parcel resulting from the subdivision is not contiguous to or does not abut any other land described in the certificate of title but abuts on a highway or is being consolidated with adjoining land which abuts on a highway; or

(d) land is leased or being leased for non-residental purposes where the term of the lease together with the term of any renewal or substitution thereof does not exceed 21 years; or

(e) land is being acquired or disposed of by Her Majesty in right of Canada, Her Majesty in right of Manitoba, MTS NetCom Inc. or the Manitoba Hydro-Electric Board; or

(f) land is being acquired by a municipality for the purpose of

(i) constructing, opening or making a new drain or widening, altering, diverting or straightening an existing drain under The Municipal Act, or

(ii) the widening or extension of a highway,

where the instrument or plan is accompanied at the time of its presentation for registration by a statutory declaration of an officer of the municipality that the land in respect of which registration is sought was secured for any of those purposes;

(g) land is subject to an agreement for sale and purchase or other equitable disposition in writing entered into prior to January 1, 1976 and the agreement is supported by a statutory declaration of a witness to the agreement or disposition, or where no witness can be found, of a party to the agreement or disposition; or

(h) the parcel being subdivided

(i) consists of lands which were part of a government road allowance, public road, or public reserve which has been closed by by-law, and

(ii) is being consolidated with adjacent existing titles; or

(i) the parcel being subdivided

(i) consists of lands which are part of an abandoned railroad right-of-way, and

(ii) is being consolidated with adjacent existing titles.

Parcel includes highway, etc.

60(4)

For the purposes of sub-clause (3)(a)(i) or (ii) a parcel shall be deemed to include land for a highway, road allowance, drain or right-of-way excepted from the certificate of title covering the parcel.

Woodlot not a settlement lot

60(5)

The expression "settlement lot" used in sub-clause (3)(a)(v) does not include a woodlot.

Contiguity of land described in title

60(6)

For the purpose of clause 3(c), lands that are excepted from a certificate of title or acquired for a highway, railway line, transmission or distribution line, drain or right of way shall be deemed not to create a break in the contiguity of the land described in the title.

Easement not a subdivision

60(7)

An easement does not have the effect of subdividing a parcel and shall be deemed not to create a break in the contiguity of the land described in the title.

Affidavit or statutory declaration may be required

60(8)

The District Registrar may require an affidavit or statutory declaration by one of the parties to an instrument alleging facts to establish that any of clause (3)(a), (b), (d) or (g) apply to a subdivision, and the affidavit or statutory declaration may be accepted by the District Registrar as conclusive proof of the matters therein stated.

Effect of zoning by-law

60(9)

Where a parcel of land remains after the acquisition of adjoining land or of any use or right therein, and such acquisition would have required the approval of the approving authority but for clause (3)(e) or (f), it is hereby deemed that such parcel conforms to the applicable site area or lot size requirements of the zoning by-law in force at the time of the acquisition.

Agreement, etc., contravening control

60(10)

No unregistered instrument, other than an instrument referred to in subsection (3), that has the effect or that may have the effect of subdividing a parcel, creates or conveys any interest in land unless the subdivision has been approved by the approving authority; but nothing in this subsection affects an agreement with respect to the subdivision of a parcel where the agreement contains an express provision making the subdivision subject to the approval of the approving authority.

Explanatory plans

60(11)

A plan prepared and filed in the Land Titles Office pursuant to section 127 of The Real Property Act, is not a registered plan of subdivision within the meaning of this Part.

Mines and minerals excepted

60(12)

In this section "land" does not include mines and minerals.

S.M. 1995, c. 33, s. 18; S.M. 1996, c. 58, s. 466; S.M. 1996, c. 79, s. 36; S.M. 1998, c. 39, s. 34 and 35.

Application for subdivision approval

61

An owner of land or a person duly authorized by the owner in writing may apply to the approving authority for the subdivision of that land in accordance with the regulations.

Referral of application to council

62

The approving authority shall, in accordance with the regulations refer the application to the relevant agencies and thereafter submit a copy of the application and a planning report prepared by the approving authority to the council of the municipality within which the affected land is situated.

S.M. 1998, c. 39, s. 36.

Decision of council

63(1)

Where a council receives an application pursuant to section 62, it shall, after considering the application, by resolution

(a) reject or refuse to approve the application for subdivision; or

(b) approve the application for subdivision, without conditions or with conditions as set out in section 70;

and shall provide the approving authority with a certified copy of the resolution.

Resolution of council final

63(2)

Notwithstanding The Municipal Act, the resolution of council referred to in subsection (1) is final and shall not be reversed; but the council may by subsequent resolution

(a) impose new conditions; or

(b) vary or cancel existing conditions;

and shall provide the approving authority with a certified copy of the resolution.

Subdivision hearing to be held by council

63(3)

Where the land proposed to be subdivided is not subject to an existing development plan or zoning by-law, the council shall, before passing the resolution under subsection (1),

(a) fix a date for the hearing of the application, which shall be not later than 40 days after the receipt of the application and planning report from the approving authority;

(b) at least 14 days before the date of the hearing, send a notice of the hearing to

(i) the applicant,

(ii) the approving authority, and

(iii) the owners of property shown on the assessment roll as being located within 100 metres of the land in respect of which the application is being made; and

(c) at least 14 days before the hearing, post a notice of hearing in the municipal office and at least two other public places.

Form of notice

63(4)

The notice under subsection (3) shall state

(a) that, on the day, time and place stated in the notice, council will sit and hear representations from any person in respect of the proposed subdivision of land;

(b) that a copy of the application and plan of subdivision, if any, may be inspected at such time and place as may be specified in the notice; and

(c)  a description of the land that is the subject of the application.

63(5)

Repealed, S.M. 1998, c. 39, s. 37.

Record of hearing to be kept

63(6)

The council shall keep written minutes of a public hearing under this section.

Subdivision application inspection

63(7)

The council shall

(a) provide for inspection a copy of the proposed application and plan of subdivision, with attached maps and sketches, and the planning report at the place and time listed in the notice under clause 63(4)(b); and

(b) for a reasonable fee, provide copies of the application and plan of subdivision and planning report.

S.M. 1996, c. 58, s. 466; S.M. 1998, c. 39, s. 37.

Approving authority rejects subdivision if council rejects

64(1)

Upon receipt of a certified copy of a resolution of council pursuant to clause 63(1)(a), the approving authority shall forthwith reject the application for subdivision and no appeal lies from the rejection.

Decision of approving authority

64(2)

Upon receipt of a certified copy of a resolution of council approving the subdivision pursuant to section 63, the approving authority shall

(a) give conditional approval to the subdivision, subject to such conditions as may be contained in the resolution and any additional conditions in accordance with section 70; or

(b) reject the application for subdivision in accordance with section 69.

Notice of decision

64(3)

The approving authority shall give written notice of its decision pursuant to subsection (1) or (2) by serving the notice personally or by mailing the notice to the last known address of the applicant, the council and the minister, and where the notice is mailed, it shall be deemed to have been served on the date of the notice.

Alteration of conditions by approving authority

64(4)

The approving authority may add conditions or alter or delete any of the conditions set out in the conditional approval pursuant to subsection (2) other than those conditions imposed by council under section 63 and shall, in accordance with subsection (3), give written notice thereof to those persons mentioned in that subsection.

Re-application of same proposal

64(5)

Except with the prior permission of the approving authority, no subsequent application for approval of a proposed subdivision of land that provides for the same use of the land shall be made by the same applicant or any other person within six months after the date of the rejection of a subdivision of that land by

(a) the approving authority under clause (2)(b) where the applicant does not appeal under subsection 68(1); or

(b) order of The Municipal Board under clause 68(6)(b) where the applicant appeals under section 66 or subsection 68(1).

S.M. 1998, c. 39, s. 38 to 41.

Where conditions are fulfilled

65(1)

Subject to subsections (3) and (4), where the applicant provides evidence satisfactory to the approving authority that the conditions imposed in accordance with clause 64(2)(a) or subsection 64(4) or both have been complied with, the approving authority shall

(a) after the expiration of 30 days from the date of the notice under subsection 64(3); or

(b) prior to the expiration of 30 days from the date of the notice under subsection 64(3), if the minister agrees;

issue to the applicant a certificate of approval for the subdivision and notify the applicant, the council and the minister; and the certificate is valid for a period of 12 months from the date of issuance thereof.

Automatic expiration of conditional approval

65(2)

Where the applicant has failed to provide evidence satisfactory to the approving authority that the conditions imposed in accordance with clause 64(2)(a) or subsection 64(4), or both, have been complied with within 24 months from the date of the notice under subsection 64(3) the conditional approval automatically expires.

Extension of time limit

65(3)

An approving authority may, upon the request of the applicant

(a) at any time within the 12 month period mentioned in subsection (1) extend the period for one additional period of not more than 12 months; and

(b) at any time within the 24 month period mentioned in subsection (2) extend the period for one additional period of not more than 12 months.

Certificate of approval not to issue until appeal settled

65(4)

Where an appeal is launched under subsection 68(1), the certificate of approval mentioned in subsection (1), shall not be issued pending the disposition of the appeal.

No decision by approving authority

66

Where the approving authority fails to make a decision on the application, as required under subsection 64(2), the applicant may, upon the expiry of 60 days from the date of the resolution of council, consider the application as having been rejected by the approving authority and may appeal to The Municipal Board in accordance with subsection 68(1).

Revocation of approval

67(1)

An approving authority may revoke

(a) a conditional approval; or

(b) a certificate of approval where the plan or instrument has not been registered in the land titles office or where a new certificate of title has not been issued;

and the approving authority shall forthwith in writing notify the applicant and, where necessary, the land titles office; and upon revocation the provisions of subsections 49(2), (3) and (4) apply, with such modifications as the circumstances require.

Revocation final

67(2)

A revocation under subsection (1) is final and not subject to appeal.

S.M. 1998, c. 39, s. 42.

Appeal to Municipal Board

68(1)

An appeal from a decision of an approving authority, pursuant to subsection 64(2), or (4) or both, including any condition imposed thereunder, may be commenced by the applicant or the minister by sending a notice of appeal by registered or certified mail, to, or serving such notice upon, the secretary of The Municipal Board

(a) within 30 days from the date of the notice under subsection 64(3); or

(b) after the expiration of the time specified under section 66 where no decision is made by the approving authority.

Contents of notice of appeal

68(2)

A notice of appeal pursuant to subsection (1) shall contain

(a) the legal description and municipal location of the land proposed to be subdivided;

(b) the name and address of the applicant for subdivision approval;

(c) the name and address of the appellant; and

(d) where the decision being appealed was made under clause 64(2)(a) or subsection 64(4), a description of the conditions being appealed.

Decision final

68(3)

If within the time fixed for appeal, no notice of appeal is received by The Municipal Board, the decision of the approving authority under subsection 64(2) or (4) or both is final.

Appeal hearing

68(4)

Where an appeal is commenced under subsection 68(1), the Municipal Board shall hold an appeal hearing.

Notice of hearing

68(4.1)

The Municipal Board shall give notice of the date, time and place of the appeal hearing under this section to the applicant, the minister, the approving authority, the council, the board, if applicable, and to any other person The Municipal Board considers appropriate.

Public authority may be heard

68(5)

A public authority may authorize any person to appear before The Municipal Board in a hearing held under this section to make representations for and on behalf of that public authority.

Appeal as new hearing

68(5.1)

An appeal hearing under this section shall be conducted as a new hearing.

Order of Municipal Board

68(6)

Subject to sections 69 and 70 and subsequent to the hearing referred to in subsection (4), The Municipal Board may, by order

(a) approve the proposed subdivision, subject to such conditions, if any, as it considers appropriate; or

(b) reject the proposed subdivision.

Notice of decision of Municipal Board

68(7)

The Municipal Board shall render its decision within 30 days from the date on which the hearing was concluded, and shall mail a copy of its decision to

(a) the appellant;

(b) the approving authority;

(c) the council;

(d) the board, if any;

(e) the minister; and

(f) any other person who was a party to the appeal.

Issuance of certificate after appeal

68(8)

Where under subsection (6) The Municipal Board approves a subdivision subject to conditions, and the applicant provides evidence satisfactory to the approving authority that those conditions have been complied with, the approving authority shall issue to the applicant a certificate of approval for the subdivision and notify the applicant, the council and the minister; and the certificate, subject to extension under subsection 65(3), is valid for a period of 12 months from the date of the issuance thereof.

Conditional approval to lapse

68(9)

Where the applicant has failed to provide evidence satisfactory to the approving authority that the conditions imposed by the Municipal Board in an order under subsection (6) have been complied with within 24 months from the date of that order, the conditional approval given under that subsection, subject to extension under subsection 65(3), automatically expires.

Approving authority may close subdivision application

68(10)

Where an approving authority granted tentative approval of a subdivision before February 1, 1988 and the approval has not been acted upon, the approving authority may close the application for subdivision without notice to any person.

Effect of closed application

68(11)

An approving authority shall not re-open an application that has been closed under subsection(10), but a person may commence a new application under section 61.

S.M. 1998, c. 39, s. 43 to 46.

Prerequisites for approval

69

A subdivision of land shall not be approved unless

(a) the proposed subdivision, subject to subsections 89(1) and (2), conforms with any provincial land use policy, development plan, zoning by-law and subdivision regulation; and

(b) the land is suited to the purpose for which the subdivision is proposed and may be expected to be used for that purpose within a reasonable period of time.

S.M. 1998, c. 39, s. 47.

Conditions of approval

70

A subdivision of land may be approved subject to one or more of the following matters, where relevant to the subdivision:

(a) any condition necessary to ensure compliance with any Act of the Legislature or the Parliament of Canada, the regulations thereunder and the requirements of any regulatory agency established thereunder, including any condition that may be necessary to ensure compliance with this Act, the regulations, and subject to section 89, any provincial land use policy, development plan, and zoning by-law;

(b) any condition necessary to satisfy the requirements of a municipal by-law, including a condition requiring the payment of general subdivision examination fees and capital levies and a condition setting out arrangements satisfactory to council for payment of taxes on the land to be subdivided, for the current year plus any arrears;

(c) any condition recommended or required by an authority, agency, department or board to which the application has been referred by the approving authority;

(d) the condition that the owner enter into an agreement with the Crown in right of Manitoba, the municipality or the planning district, as the case may require, regarding any or all of the following matters:

(i) the installation or construction at the owner's expense or partly at the owner's expense and partly at the expense of the other party within designated time limits and in accordance with specifications set forth in the agreement, of storm and sanitary sewers, drains, watermains and laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights and graded, gravelled or paved streets and lanes, connections to existing services, area grading and levelling of land, street name plates, traffic signals and devices, connecting and boundary streets, landscaping of parks and boulevards and such other works as may be required,

(ii) the limitation, regulation or prohibition of any existing or future use of the land, building or structure where there is no zoning by-law affecting the land, building or structure;

(e) any condition that is essential to the proper design of the subdivision or required to implement the reorganization of titles;

(f) the dedication of land by the owner without compensation which in the opinion of council is

(i) required for adequate highways and municipal services systems within the subdivision,

(ii) required as public reserve land in an amount not exceeding 40 square metres for each person expected to occupy the area being subdivided, for use as public reserve land, where the land in the proposed subdivision is to be divided into parcels of less than 4 hectares,

(iii) required for school purposes in an amount not exceeding 40 square metres for each person expected to occupy the area being subdivided, to be conveyed to the school division or district,

(iv) unsuitable for building sites or any other kind of development by reason of it being a swamp, gully, ravine, natural drainage course, or creek bed or otherwise unsuitable due to its topography or subsurface conditions;

(g) the dedication by the owner without compensation as a Crown reserve or a public reserve the following lands:

(i) shorelands designated specifically or by general description in an established provincial land use policy, or development plan as land to be provided without compensation upon subdivision, and

(ii) other lands as may be required to provide access to the shorelands reserved under sub-clause (i);

(h) a condition that the owner enter into an agreement with the Crown in right of Manitoba, the municipality or the planning district, as the case may be, as an alternative to taking a dedication under sub-clause (f)(iv) or clause (g), regulating the use or development of those lands including

(i) the limitation, regulation or prohibition of any use or activity thereon,

(ii) the limitation, regulation or prohibition of cultivating, removing trees or shrubs, or otherwise altering the existing environmental character thereof, and

(iii) the limitation, regulation or prohibition of any development thereon;

(i) a condition that a zoning by-law be amended.

S.M. 1998, c. 39, s. 48.

Payment in lieu of dedication

71(1)

Where council is of the opinion that dedication of land under sub-clause 70(f)(ii) or (iii) would be unnecessary or undesirable, council may by resolution under section 63 require that in lieu thereof the applicant pay to the municipality, the school division, or the school district, as the case may be, a sum of money equivalent to the value of the land that would have been dedicated.

Valuation of land

71(2)

For the purpose of determining the amount of any payment required under subsection (1), the value of the land may be determined by agreement between the owner and the municipality; but where the owner and the municipality are unable to agree on the value either party may submit the matter to arbitration by serving written notice to that effect upon the other party, in which case

(a) the value shall be determined on the basis of what might be expected to be realized if the unsubdivided land was sold in the open market immediately prior to the conditional approval; and

(b) subsection 49(4) applies, with such modifications as the circumstances require.

S.M. 1998, c. 39, s. 49.

Filing of caveat

72(1)

An agreement entered into in accordance with clause 70(d) or (h), or both, may provide that it runs with the land, and when a caveat with a copy of the agreement attached thereto is filed in the appropriate land titles office, the agreement binds the owner of the land and the heirs, executors, administrators, successors and assigns of the owner.

Withdrawal of caveat

72(2)

The Crown in right of Manitoba, the municipality or the planning district, as the case may be, may, at any time, withdraw the caveat referred to in subsection (1).

Uses of public reserve land

73(1)

Public reserve land shall be used only for

(a) a public park, or part thereof;

(b) a public recreation area, or part thereof;

(c) a natural area or part thereof;

(d) a planted buffer strip or part thereof separating incompatible land uses; or

(e) public works.

Land deemed to be public reserve land

73(2)

A parcel of land, the title of which is registered in the name of a municipality, and which is used at the time of coming into force of this Act, in whole or in part, as a public park or a public recreation area and has not been previously designated as public reserve land as a result of a registered plan of subdivision, shall be deemed to be public reserve land for purposes of this Act.

Approval of minister for closing of public reserve

73(3)

Land designated as a public reserve, whether in the name of the municipality or the Crown in right of Manitoba, may be closed by by-law of the municipality; but the by-law has no effect until approved by the minister.

Disposal of land dedicated pursuant to a condition

73(4)

Subject to the other provisions of this Act, if money is paid to a municipality pursuant to subsection 71(1) or if the council of the municipality determines that land conveyed pursuant to sub-clause 70(f)(i) or (ii) is not required for public purposes, the land may be sold or leased, and all moneys received by the municipality from the sale or lease of the land or pursuant to subsection 71(1) shall be paid into a special account and may

(a) be expended only for the purchase of land to be held and used by the municipality for public parks or recreational purposes; or

(b) be invested in such securities as a trustee may invest in under The Trustee Act, and the earnings derived from the investment of the money shall be paid into the special account.

Notice and hearing of public reserve closing

73(5)

Where council proposes to close public reserve land, it shall give notice of its proposal and shall hold a hearing before second reading of the by-law.

Requirements for notice and hearing

73(5.1)

Section 42 applies to a hearing and a notice of hearing under this section with such modifications as the circumstances require.

Action after third reading

73(5.2)

Where council gives second and third reading to a public reserve closing by-law after a hearing under subsection (5), it shall forward to the minister a copy of

(a) any written representation made at the hearing regarding the by-law;

(b) written minutes of the hearing; and

(c) the by-law.

Disposal of land conveyed as school site

73(6)

Subject to the other provisions of this Act, if money is paid to a school division or district pursuant to subsection 71(1), or if the school board determines that land conveyed pursuant to sub-clause 70(f)(iii) is not required for a school site, it may be sold or leased, and all moneys so received shall be paid into a special account and may

(a) be used only for capital expenditures; or

(b) be invested in such securities as a trustee may invest in under The Trustee Act, and the earnings derived from the investment of the money shall be paid into the special account.

Notice of intention to dispose of land and hearing

73(7)

Where the school board proposes to dispose of land conveyed under sub-clause 70(f)(iii), it shall give notice of its intention and shall hold a hearing to hear representations from persons, organizations and agencies who may be affected by the proposed disposition.

S.M. 1998, c. 39, s. 50 and 51.

By-laws establishing general levies

74(1)

A board or council may pass a by-law prescribing and regulating the fees and charges to be paid by an applicant for subdivision approval with respect to technical, administrative, professional, consultative or other services required by the municipality or the planning district in examining and approving an application for the subdivision of land, and such fees and charges shall be credited to and form part of the general funds of the municipality or planning district.

Scale of capital levies

74(2)

A council may pass a by-law prescribing the scale of levies to be paid by an applicant for subdivsion approval as compensation to the municipality for the capital costs specified in the by-law and that may be incurred by the municipality wholly or in part by reason of the subdivision of land and no such levies shall be charged or paid except pursuant to such by-law.

Establishment of reserve funds

74(3)

Where a council passes a by-law in accordance with subsection (2), it shall establish a reserve fund pursuant to The Municipal Act and all levies received shall be transferred to such reserve funds.

S.M. 1996, c. 58, s. 466; S.M. 1998, c. 39, s. 52.

Obsolete plans of subdivision

75(1)

A council may by by-law declare any plan of subdivision, or any part thereof, within the municipality, that has been registered for eight years or more, not to be a registered plan of subdivision for the purposes of this Part.

Registration in land titles office

75(2)

Immediately after first reading of a by-law for the purpose of subsection (1), council shall register a certified copy of the proposed by-law in the proper land titles office, and after registration no person shall subdivide any parcel contained in a plan of subdivision to which the proposed by-law applies, unless approval has been given by the approving authority.

Notice of hearing

75(3)

Immediately after first reading of a by-law for the purpose of subsection (1), the council shall

(a) fix a date for a hearing on the by-law, which shall not be later than 40 days after the first reading of the by-law;

(b) at least 14 days before the hearing, send a notice of hearing to all owners of property appearing on the assessment roll of the municipality as the owner of land to which the by-law applies; and

(c) send a notice of hearing to the minister and the board, if any.

Content of notice

75(4)

A notice under subsection (3) shall

(a) state the date, time and place of the hearing;

(b) state that any person may make a representation regarding the proposed by-law;

(c) state the times that the by-law may be inspected or copied at the municipal office; and

(d) contain a sketch map illustrating the location of the area affected by the by-law.

By-law inspection and copying

75(5)

Council shall

(a) provide for inspection a copy of the proposed by-law, with all its attached maps and sketches, at the municipal office at the times stated in the notice under clause (4)(c); and

(b) for a reasonable fee, provide copies of the by-law.

Hearing

75(6)

On the date, time and place stated in the notice, council shall hold a hearing to receive representations.

Action by council

75(7)

After the hearing referred to in subsection (6) council shall

(a) give second and third readings to the by-law, send notice to those persons notified under subsection (3) of the decision of council, and register a certified copy or duplicate of it in the land titles office; or

(b) resolve not to proceed further with the by-law and send a certified copy of its resolution to the land titles office, in which case the by-law shall not thereafter be proceeded with.

Removal of registration

75(8)

Upon receipt of a copy of a resolution under clause (7)(b), the copy of the proposed by-law registered under subsection (2) shall be removed from the register and subsection (2) shall be deemed never to have applied with respect to any plan of subdivision or part thereof to which the proposed by-law would have applied.

Removal of by-law from register

75(9)

Upon registration of a by-law under clause (7)(a), the copy of the proposed by-law registered under subsection (2) shall be removed from the register and subsection (2) shall be deemed never to have applied with respect to any plan of subdivision or part thereof which was omitted from the by-law following the first reading.

S.M. 1996, c. 58, s. 466; S.M. 1998, c. 39, s. 53.

Application for order cancelling plans

76(1)

For the purpose of facilitating the physical development of any part of a municipality, council may apply to The Municipal Board for an order cancelling in whole or in part, amending or altering, a registered plan of subdivision of land in the municipality.

Cancellation, etc., may be ordered

76(2)

Upon the application of a municipality pursuant to subsection (1), after such notice and hearing as it deems proper, and upon such terms and conditions as it may fix, The Municipal Board may order the cancellation in whole or in part, or the amendment or alteration of the registered plan; and notwithstanding the provisions of this Part respecting new plans, or clause 117(6)(g) of The Real Property Act, the board may direct the registration of a plan showing the partial cancellation, amendment or alteration, or a new plan in substitution therefor.

Municipal Board Act applies

76(3)

Where an application is made pursuant to subsection (1), subsection 95(5) and sections 96 to 103 of The Municipal Board Act apply with such modifications as the circumstances require.

Principles of resubdivision

76(4)

Notwithstanding sections 96 to 103 of The Municipal Board Act, the following principles shall apply to an application of a municipality pursuant to subsection (1):

(a) all parcels of land, including highways and other public lands within the area comprised in the application shall be deemed to be a single unit of land;

(b) from that single unit there shall be taken the land required for the highways and other public lands, and the remainder shall be divided among the owners in a suitable and equitable manner and for the purpose of this clause the municipality shall be deemed to be an owner of land.

S.M. 1995, c. 33, s. 18; S.M. 1998, c. 39, s. 54.

Subdivision regulations

77

For the purpose of carrying out the provisions of this Part according to its intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders

(a) prescribing areas within the province to which the regulations do not apply;

(b) prescribing the procedure to be followed by applicants, a council, the approving authority, a board and other interested parties respecting an application for subdivision approval;

(c) prescribing the contents of the form of application for subdivision approval and, all maps and other documents which are required to be filed or submitted respecting such an application;

(d) prescribing the minimum fees to be paid to the approving authority or the province in processing an application for subdivision approval;

(e) prescribing procedures respecting the circulation of applications to any authority, agency, department, council or board;

(f) prescribing conditions and minimum standards for the design of a subdivision, and for streets, lanes, public reserves, school sites, lots, blocks and other units of land;

(g) prescribing the general criteria that the approving authority shall use in evaluating a subdivision proposal; and

(h) prescribing those provisions of the regulations which may be replaced by a municipal or district by-law, waived or varied where they are unreasonable or impractical.

S.M. 1998, c. 39, s. 55.

Prescribing forms by minister

78

For the purpose of carrying out the provisions of this Part according to its intent, the minister may prescribe the form of any documents.

Errors and omissions

79

Where in the opinion of the approving authority an error or omission exists in a conditional approval, certificate of approval or unregistered plan of subdivision, approved in accordance with this Part, the approving authority may, without any notice correct the error or omission.

PART VII

ENFORCEMENT

Enforcement of by-laws, resolutions and orders

80

Any by-law, resolution or order enacted or made by a council, board, approving authority, or the minister, under this Act, or any regulation made thereunder may be enforced and contravention thereof restrained by the Court of Queen's Bench upon action brought by a municipality, a district, the minister, or an elector, whether or not any penalty has been imposed for any contravention thereof; and it is unnecessary for the Crown or the Attorney-General or any other officer of the Crown to be a party to such action.

S.M. 1998, c. 39, s. 56.

Offences and penalties

81(1)

Every person who contravenes or disobeys, or refuses or neglects to obey or comply with

(a) any provisions of this Act or any provision of any other Act that, by this Act, is made applicable to proceedings taken or things done under this Act; or

(b) any provision of a development agreement entered into between a council and an owner of land; or

(c) any provision of a zoning by-law, development plan or any other by-law, regulation, resolution, agreement, or plan enacted or made by a council, a board, an approving authority, or the minister, pursuant to this Act or pursuant to powers delegated by the minister or a council under this Act;

for which no other penalty is provided, is guilty of an offence and liable, on summary conviction, to a fine not exceeding $1,000. in the case of an individual or $5,000. in the case of a corporation, or, in the case of an individual, to imprisonment for a term not exceeding six months or to both.

Offences by directors and officers of corporation

81(2)

Where a corporation commits an offence against this Act or against any by-law of a council or board, each director or officer of the corporation who authorized, consented to, connived at, or knowingly permitted or acquiesced in, the act or omission that constitutes an offence, is likewise guilty of the offence and liable, on summary conviction, to the penalty for which provision is made in subsection (1).

Order to remedy breach

81(3)

A judge or magistrate imposing a penalty on any person under subsection (1) may, in addition to imposing the penalty, order the person to observe, perform or carry out any matter or thing that may be necessary to remedy the contravention for which the penalty was imposed.

Continuing offence

81(4)

Where the contravention, refusal, neglect, omission, or failure, for which a person is prosecuted continues for more than one day, the person is guilty of a separate offence for each day that it continues.

S.M. 1998, c. 39, s. 57.

Indemnity

82

No member of a council or a board, no employee of a municipality or a planning district, and no person acting under the lawful instructions of any one of them or under the authority of this Act or the regulations, is personally liable for any loss or damage suffered by any person by reason of anything lawfully done or omitted to be done pursuant to, or in the exercise of, powers given by this Act or the regulations.

S.M. 1998, c. 39, s. 58.

Proof of by-law

83

A conviction for breach of any of the documents or instruments referred to in clauses 81(1)(b) and (c) shall not be quashed for want of proof thereof before the convicting judge or magistrate, but the court or judge hearing the motion to quash may dispense with any such proof or may permit the document or instrument to be proved by affidavit or otherwise.

Order to exercise power

84(1)

Subject to subsections (2), (3) and (4), where any consent required by this Act is refused by an owner or occupier, or the exercise of a power authorized by this Act is prevented by the owner or occupier, a judge of the Court of Queen's Bench who is satisfied by information upon oath that the circumstances requiring the exercise of that power exist, shall order the person to exercise the power.

Owner's consent

84(2)

The municipality, board or approving authority, as the case may be, may apply for an order under subsection (1) without first attempting to obtain consent from the owner or occupier.

Entry in emergencies

84(3)

When an emergency or danger to person, or property arises or is apparently about to arise, the minister may by order grant authority to enter any land, building or premises, to the persons described in the order and authorize the exercise of the powers set out in this Act, and consent to enter and exercise that authority is not required from any other person.

Delegation of powers

84(4)

The powers set out under subsection (3) may be delegated by the minister to a council or board.

S.M. 1998, c. 39, s. 59.

Entry upon premises

85

The development officer or any other officer, employee or agent of an approving authority, board or council may, at all reasonable times and with the consent of the owner or occupier but subject to section 84, enter upon any land, building or premises within the jurisdiction of an approving authority, board or council for the purpose of implementing a by-law adopted under this Act or The Planning Act, S.M. 1964 (1st Sess.), or a provision of this Act, or The Planning Act, S.M. 1964 (1st Sess.).

S.M. 1998, c. 39, s. 60.

Limitation of prosecution

86

No prosecution for an offence under this Act shall be commenced after two years from the date on which the offence is alleged to have been committed.

PART VIII

TRANSITIONAL

Prior agreements

87

Nothing in this Act prevents the registration of any transfer of land by the Crown pursuant to an agreement entered into by the Crown prior to the coming into force of this Act.

Alteration of municipal boundaries etc.

88(1)

Where because of an alteration or extension of municipal boundaries, or because of the formation or dissolution of a municipality, or for any other reason, land that was situated within one municipality and subject to a development plan, or zoning by-law is thereafter situated in another municipality

(a) the development plan or zoning by-law of the first municipality with respect to that land shall prevail and remain in effect and be administered by the second municipality until the second municipality has amended its development plan or zoning by-law with respect to that land; or

(b) where the second municipality does not have a development plan or zoning by-law,

(i) the land is subject to the development plan or zoning by-law of the first municipality existing at the time when the land was added to the second municipality, or

(ii) the second municipality may amend the provisions of the development plan or zoning by-law of the first municipality affecting the land added to the second municipality.

Effect of existing by-law, etc. on annexed lands

88(2)

Where under circumstances mentioned in subsection (1) the land concerned was not subject to a development plan, or zoning by-law, that land is not subject to an existing development plan, or zoning by-law of the second municipality but shall be subject to a plan or by-law made or passed by the second municipality with respect to that land.

Continuation of process

88(3)

Where under the circumstances referred to under subsection (1), a municipality was in the process of adopting a by-law the enlarged municipality may proceed with the by-law in accordance with the provisions of this Act as if the alteration of the boundaries of the municipality had not occurred.

Lands formerly in additional zone

88(4)

Where land in all or part of a municipality in the area formerly known as the "additional zone" as defined by The City of Winnipeg Charter, S.M. 1989-90, c. 10, any development plan, community plan, zoning by-law or similar by-law in force on the date when that land was removed from the additional zone, continues in force in respect of that land until the planning district or municipality amends, repeals or replaces the plan, by-law or order in accordance with subsections (5) and (6).

Plans formerly in effect in additional zone

88(5)

A community plan or action area plan that was adopted under The City of Winnipeg Act and which was in effect in all or part of a municipality at the date on which land was removed from the additional zone is considered the same as a development plan, and may be amended, repealed or replaced by the municipality or the district in accordance with section 33.

Terms of zoning by-law formerly in effect in additional zone

88(6)

The terms of a zoning by-law which was in effect in all or part of a municipality on the date that those lands were removed from the additional zone have, for the purposes of this Act, the same meaning as the meanings given to those terms under this Act.

Amendment of zoning by-law formerly in effect in additional zone

88(7)

A zoning by-law which was in effect in all or part of a municipality at the date on which those lands were removed from the additional zone may be amended, repealed or replaced by the municipality in accordance with sections 42 to 47.

S.M. 1998, c. 39, s. 61 and 62; S.M. 2002, c. 39, s. 535.

Definitions

89(1)

In this section, "planning scheme" means

(a) a statement of policy by the council of a municipality with respect to the use and development of land;

(b) the use, erection, construction, relocation and enlargement of buildings within a defined area; or

(c) an amending planning scheme, an initial planning scheme, or a partial planning scheme adopted or carried out under The Planning Act, S.M. 1964 (1st Sess.).

Planning schemes deemed zoning by-laws

89(2)

A planning scheme adopted by a council is deemed to be a zoning by-law for the purposes of this Act, and shall be used and amended in the same manner as a zoning by-law.

Provincial land use policies prevail over planning schemes

89(3)

Where a conflict exists between provincial land use policies and a planning scheme, the provincial land use policies prevail.

Development plan prevails over planning scheme

89(4)

Where a conflict exists between a development plan and a planning scheme, the development plan prevails.

S.M. 1998, c. 39, s. 63.

Definition

89.1(1)

In this section, "basic planning statement" means a statement of objectives and policies for the development of an area adopted by a board or council under this Act.

Basic planning statements deemed development plans

89.1(2)

A basic planning statement adopted by a board or council is deemed to be a development plan for the purposes of this Act, and shall be used and amended in the same manner as a development plan.

S.M. 1998, c. 39, s. 63.

Minor amendment to development plan

89.2

A board or council may at any time seek the minister's permission to amend an adopted development plan, and where in the minister's opinion the proposed amendment is of a minor nature and does not change the intent of the adopted development plan, the minister may, after consultation with Executive Council, grant the requested permission, and the board or council may amend the adopted development plan accordingly, without prior public notice, or a public meeting or hearing.

S.M. 1998, c. 39, s. 63.

Minor amendment to zoning by-law

89.3

The council of a municipality may at any time seek the minister's permission to amend a zoning by-law, and where in the minister's opinion the proposed amendment is of a minor nature and does not change the intent of the zoning by-law, the minister may grant the requested permission, and the council may amend the zoning by-law accordingly, without prior public notice, or a public meeting or hearing.

S.M. 1998, c. 39, s. 63.

Planning advisory committees

90(1)

A board or council may by by-law establish planning advisory committees as necessary to advise and assist in the formulation of planning matters, including the preparation, amendment or review of a development plan, zoning by-law, subdivision, variation, or conditional use application, or other matters as the board or council considers advisable.

Payment to members

90(2)

A planning district or municipality may pay the members of a planning advisory committee established under subsection (1) who are not members of a board or council such remuneration and out-of-pocket expenses as considered advisable by the board or council.

S.M. 1998, c. 39, s. 63.

Planning Act to prevail

91

Where there is a conflict between any provision of this Act or any provision of The Conservation Districts Act, the provision of this Act prevails.

Application of Act

92

Subject to Part IX (Northern Manitoba), this Act applies to the whole of the province except

(a) the City of Winnipeg; and

(b) land designated as a provincial park under The Provincial Parks Act;

unless the Lieutenant Governor in Council by order declares that this Act, or any part of it, applies thereto.

S.M. 1993, c. 39, s. 39; S.M. 1998, c. 39, s. 64; S.M. 2000, c. 29, s. 9.

93

Repealed.

S.M. 1998, c. 39, s. 65.

PART IX

NORTHERN MANITOBA

Meaning of "minister"

94

In this Part and in provisions of this Act and regulations made under this Act that apply to Northern Manitoba, "minister" means the minister appointed by the Lieutenant Governor in Council to administer The Northern Affairs Act.

S.M. 2000, c. 29, s. 10.

Definitions from The Northern Affairs Act

95

In this Part, the following terms have the same meaning as they have in The Northern Affairs Act: "community", "community council", "incorporated community", "incorporated community council", "local committee", "Northern Manitoba".

S.M. 2000, c. 29, s. 10.

APPLICATION OF ACT

Application of Act to Northern Manitoba

96

Subject to this Part, this Act and the regulations made under this Act apply to Northern Manitoba, with necessary modifications.

S.M. 1998, c. 39, s. 66; S.M. 2000, c. 29, s. 10.

96.1

Repealed.

S.M. 1998, c. 39, s. 66; S.M. 2000, c. 29, s. 10.

LAND USE CONTROL

Functions of the Municipal Board

Minister may appoint person to perform functions of Municipal Board

97

The minister may appoint one or more persons to perform the functions of the Municipal Board in respect of an incorporated community or an area that is not incorporated under any of the following provisions:

(a) section 10 (recommendations re special planning area);

(b) section 12 (recommendations re planning district);

(c) section 30 (recommendations re development plan);

(d) section 45 (orders re zoning by-law).

S.M. 1998, c. 39, s. 67; S.M. 2000, c. 29, s. 10.

Incorporated Communities

Application of Act to incorporated communities

98

A community that is incorporated under The Northern Affairs Act is deemed to be a municipality for the purpose of this Act.

S.M. 1998, c. 39, s. 68 and 69; S.M. 2000, c. 29, s. 10.

Unincorporated Areas

Minister deemed council for unincorporated areas

99

For the purpose of this Act and The Real Property Act, the minister is deemed to be the council for any area that is not in an incorporated community.

S.M. 1998, c. 39, s. 70; S.M. 2000, c. 29, s. 10.

Delegation of development plan and zoning by-laws

100(1)

The minister may by regulation delegate to a local committee or community council the minister's authority — as the council for an area that is not in an incorporated community — to enact a development plan by-law and a zoning by-law for the area.

Delegation includes later related matters

100(2)

A delegation under subsection (1) may include the minister's authority as the council for the area under any of the following provisions:

(a) agreements under section 46 (development agreements);

(b) section 53 (conditional uses);

(c) sections 54 and 55 (variation orders);

(d) section 56 (minor variations);

(e) sections 58 and 59 (development permits).

Minister's approval under s. 30 does not apply to development plan

100(3)

A development plan prepared by a local committee or community council under this section is not subject to the approval of the minister referred to in clause 30(4)(a) and subsections 30(5), (6), (13) and (14).

Third reading of development plan by-law

100(4)

The committee or council may give third reading to the development plan by-law

(a) if the minister does not refer it to the Municipal Board under clause 30(4)(b), 60 days after the by-law is submitted to the minister under subsection 30(1); or

(b) if the minister refers the by-law to the Municipal Board under clause 30(4)(b), 60 days after the Board submits a report under subsection 30(12).

S.M. 2000, c. 29, s. 10.

Filing development plan and zoning by-laws

101(1)

After a development plan by-law or zoning by-law made pursuant to section 100 is given third reading, the local committee or community council shall file a copy of the by-law with the minister in accordance with the regulations.

Coming into force of by-law

101(2)

A by-law filed under subsection (1) comes into force 30 days after the day of filing, or after such further time as the minister may prescribe by regulation.

S.M. 2000, c. 29, s. 10.

Disallowance of development plan or zoning by-law

102

The minister may disallow, in whole or in part, a development plan by-law or zoning by-law made pursuant to section 100. The disallowance may be made at any time after the by-law is filed, and must be in writing. The by-law or part then ceases to be in force and is deemed to be repealed.

S.M. 2000, c. 29, s. 10.

SUBDIVISION CONTROL

Approving authority for unincorporated areas

103(1)

When the minister acts as the council for an area that is not in an incorporated community, the minister is deemed to also be acting as the approving authority in respect of the area.

Approving authority for incorporated communities

103(2)

The minister may appoint one or more persons to act as the approving authority for incorporated communities or areas that are not incorporated, or both.

S.M. 2000, c. 29, s. 10.

Application of section 66 and appeal provisions

104

Section 66 (no decision by approving authority within 60 days) does not apply to Northern Manitoba, and section 68 (appeal) applies only to the extent set out in sections 105 to 109.

S.M. 2000, c. 29, s. 10.

No appeal of minister's decision

105

A decision made by the minister as the approving authority cannot be appealed under section 68.

S.M. 2000, c. 29, s. 10.

Appeal from Decision of Appointed Approving Authority

Appeal of certain decisions of approving authority

106(1)

When an approving authority appointed under subsection 103(2) makes a decision under subsection 64(2) (conditional approval or rejection) or (4) (alteration of conditional approval), or both, the person applying for the subdivision may appeal the decision to the minister. The appeal must be made by sending a notice of appeal to the minister by registered mail within 30 days after the date of the notice of the decision.

Contents of notice of appeal

106(2)

A notice of appeal must contain the following:

(a) the name and address of the person appealing;

(b) a copy of the notice of the decision of the approving authority;

(c) the reasons for the appeal.

S.M. 2000, c. 29, s. 10.

Procedure on appeal

107

Upon receiving an appeal, the minister shall do one of the following:

(a) approve the proposed subdivision, subject to any conditions the minister considers appropriate;

(b) reject the proposed subdivision; or

(c) appoint a person or the Municipal Board, or direct the Board to appoint a member of the Board,

(i) to conduct a hearing and submit a report with recommendations to assist the minister to make a decision under clause (a) or (b), or

(ii) to make a decision in respect of the matter in accordance with clause (a) or (b), with or without conducting a hearing;

within a specified period of time.

S.M. 2000, c. 29, s. 10.

Hearing

108

When a hearing is held pursuant to clause 107(c), the following provisions apply, with necessary modifications: subsections 68(4.1) (notice of hearing), (5) (public authority may be heard) and (5.1) (appeal as new hearing).

S.M. 2000, c. 29, s. 10.

Notice of decision

109

A person or board making a decision on an appeal shall ensure that a copy of the decision is mailed to

(a) the minister;

(b) the appellant;

(c) the approving authority;

(d) any local committee, community council or incorporated community council for the area in which the land is located;

(e) each person who participates in the appeal.

S.M. 2000, c. 29, s. 10.

REGULATIONS

Regulation may apply to all or part of area

110

The Lieutenant Governor in Council may provide in a regulation made under this Act that it applies to all or part of Northern Manitoba, including all or part of an incorporated community.

S.M. 2000, c. 29, s. 10.

Regulations by minister

111

The minister may make regulations

(a) for the purpose of section 100, delegating to a community council or local committee, upon such terms and conditions as the minister considers necessary or advisable, the power to enact a development plan by-law and a zoning by-law; and

(b) for the purpose of section 101, respecting the filing of development plan by-laws and zoning by-laws.

S.M. 2000, c. 29, s. 10.