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C.C.S.M. c. P80
The Planning Act
| 1 | Definitions |
| PART I | |
| ADMINISTRATION | |
| 2 | Officers and employees |
| 3 | Minister may make grants |
| 4 | Minister may provide planning assistance |
| PART II | |
| PROVINCIAL LAND USE PLANNING | |
| 5 | Duties of minister |
| 6(1) | Orders of Lieutenant Governor in Council |
| (2) | Regulations |
| (3) | |
| (4) | Regulations under clause (2)(b) |
| INTER-DEPARTMENTAL PLANNING BOARD | |
| 7 | Inter-Departmental Planning Board |
| 8(1) | Chairperson and vice-chairperson |
| (2) | Rules of procedure |
| 9 | Duties of the Inter-Departmental Planning Board |
| SPECIAL PLANNING AREAS | |
| 10(1) | |
| (2) | Designation of special planning areas |
| (3) | Consultation by minister |
| (4) | Order in council establishing special planning area |
| (5) | Publication and notice of order in council |
| (6) | Contents of special planning area development plan |
| (7) | |
| (8) | Notice of public hearing |
| (8.1) | Content of notice |
| (8.2) | |
| (9) | Power to acquire land |
| (10) | Power of designated minister |
| (11) | Agreements with municipalities |
| PART III | |
| PLANNING DISTRICTS | |
| 11 | |
| 12(1) | Application to establish planning district |
| (2) | Submission to minister for recommendation |
| (3) | |
| (4) | Notice of public hearing |
| (4.1) | Content of notice |
| (5) | Municipal Board to recommend area |
| (6) | L. G. in C. may establish planning districts and boards |
| (6.1) | Area to be included in a planning district |
| (7) | Public authority may be heard |
| (8) | |
| 13(1) | Order in council establishing planning district |
| (2) | Publication in Gazette |
| (3) | Evidence of establishment |
| (4) | Notice of Order in Council |
| 14 | Incorporation |
| 15(1) | Change of name |
| (2) | Liability, etc. of board unchanged |
| (3) | Change of boundaries and dissolution |
| (4) | Distribution of assets on dissolution |
| (5) | Planning district development plan to continue |
| 16(1) | Seal |
| (2) | Use of seal after change of name |
| 17(1) | Membership of board |
| (2) | Term of office of board members |
| (3) | Alternate board member |
| 18(1) | Meetings of the board |
| (2) | Quorum |
| (3) | Rules and procedure |
| (4) | Chairman and acting chairman |
| (5) | Civil servant not eligible as officer |
| (6) | Voting by chairman |
| (7) | Remuneration |
| 19(1) | Majority vote |
| (2) | General powers as to by-laws |
| (3) | Recording of by-laws |
| (4) | Proof of by-laws |
| 20 | Appointment of staff by board |
| 21 | General powers of board |
| DUTIES OF BOARD | |
| 22(1) | Responsibilities of board |
| (2) | Other duties of board |
| (3) | Development officer |
| (4) | Hearing of objections by board |
| (5) | Board as approving authority |
| (6) | Council as approving authority |
| 23 | Agreement for services and grants |
| PART IV | |
| DEVELOPMENT PLANS | |
| 24(1) | Preparation of development plan |
| (2) | Minister's orders re development plan |
| (3) | Failure to comply with order |
| (4) | |
| 25(1) | Purpose of a development plan |
| (2) | Advice and consultation |
| (3) | Studies and surveys required |
| (4) | Contents of development plan |
| (5) | Development plan for airport vicinity protection area |
| 26 | Periodic review of development plan |
| ADOPTION OF A DEVELOPMENT PLAN | |
| 27(1) | Plan adopted by by-law |
| (2) | Consultation with councils |
| 28(1) | Public hearing |
| (2) | Notice of public hearing |
| (3) | Posting requirements |
| (4) | Proof of posting of notice |
| (5) | Content of notice |
| (6) | Development plan inspection |
| (7) | Action of board or council after public hearing |
| (8) | Notice of resolution not to proceed |
| (9) | Adjournment of public hearing |
| (10) | Representations limited to alterations |
| (11) | Public authority may be heard |
| (12) | Record of hearing |
| 29 | Municipal plan as part of district development plan |
| 30(1) | Submission of plan to minister |
| (2) | Service re application to minister |
| (3) | Notice where written representation is filed |
| (4) | Minister's options on consideration of by-law |
| (5) | Reference to board or council with approval |
| (6) | Board or council may proceed with by-law |
| (7) | Municipal Board hearing |
| (8) | Notice of hearing |
| (9) | Content of notice |
| (10) | Representations limited for hearings on alterations |
| (11) | Public authority may be heard |
| (12) | Municipal Board shall report to minister |
| (13) | Minister's actions on receipt of report |
| (14) | Third reading or resolution not to proceed |
| (15) | Effective date of by-law |
| (16) | By-law not subject to appeal |
| 31 | Notice of development plan by-law approval |
| 32(1) | Effect of adoption of plan |
| (2) | Zoning by-law |
| (3) | Existing zoning to conform to plan |
| 33 | Amendment of development plan |
| 33.1 | Land use policies do not apply |
| 34 | Acquisition and disposal of land |
| 35 to 37 | |
| PART V | |
| LAND USE CONTROL | |
| 38 | General prohibition on development |
| ZONING BY-LAWS | |
| 39(1) | Zoning by-law |
| (2) | Contents of zoning by-law |
| 40(1) | General development standards |
| (2) | Development standard provisions |
| (3) | Special provisions for unsuitable lands |
| (4) | Zoning by-law for airport vicinity protection area |
| (5) | Power to prohibit or regulate includes power to permit |
| 41 | Council's duty re development standards |
| 42(1) | First reading and public hearing of zoning by-law |
| (2) | Notice of public hearing |
| (3) | Requirements for posting notices |
| (4) | Proof of posting of notice |
| (5) | Content of notice |
| (6) | Zoning by-law inspection |
| (7) | Public authority may be heard |
| (8) | Alteration of by-law, etc. |
| (9) | |
| (10) | Adjournment of public hearing |
| (11) | Representations limited to alterations |
| (12) | Record of hearing |
| 43(1) | Action of council after public hearings |
| (2) | Notice where written representation is filed |
| (3) | Action where no second objections received |
| 44 | Action where second objections received |
| 45(1) | Hearing by Municipal Board or board |
| (2) | Public authority may be heard |
| (3) | Disposition of objection |
| (4) | Procedures on alteration |
| (5) | By-law to conform to order of board |
| (6) | Objection heard by Municipal Board |
| (7) | Transfer of objections to Municipal Board |
| (8) | Order not subject to appeal |
| 46(1) | Agreement with municipality |
| (2) | Effect of registering agreement |
| (3) | Execution of agreement before amendment of by-law |
| 47(1) | Quashing of by-law |
| (2) | Amending a zoning by-law |
| (3) | Zoning memorandum may be issued |
| NON-CONFORMITIES | |
| 48(1) | Continuance of lawfully existing non-conformities |
| (2) | Structure or parcel deemed to be existing |
| (3) | Certificate may be issued |
| (4) | Certificate as evidence |
| 49(1) | Cancellation of permit |
| (2) | Payment of certain expenses where permit cancelled |
| (3) | Where parties fail to agree on amount |
| (4) | Arbitration |
| 50(1) | Structural alteration prohibited |
| (2) | Increase in intensity or non-conforming use |
| (3) | Non-conforming parcels |
| (4) | Alteration to non-conforming structure allowed |
| (5) | Where non-conforming structure damaged |
| 51(1) | Discontinuance of non-conforming use |
| (2) | Change in tenants not deemed to affect use |
| (3) | Non-conformity may be altered by variation |
| 52 | Council may acquire non-conforming building or land |
| CONDITIONAL USES | |
| Application for Conditional Use | |
| 53(1) | Application for conditional use |
| Applications Relating to Livestock Operation | |
| (1.1) | Minister to receive copy of application |
| Notice of Hearing | |
| (2) | Council to fix hearing date and give notice |
| (3) | Posting requirements |
| (4) | Proof of posting of notice |
| Hearing | |
| (5) | Hearing |
| (5.1) | Record of hearing to be kept |
| (6) | Adjournment of public hearing |
| Council's Decision | |
| (7) | Decision of council |
| (8) | Conditions of approval |
| (9) | Modification of conditions |
| (11) | Notice of decision |
| (12) | Decision not subject to appeal |
| (13) | Expiry of approval |
| Livestock Operations | |
| 53.1(1) | Application re livestock operation |
| (2) | Subsections 53(3) to (13) apply |
| Hearing Date | |
| (3) | Council to fix date after T.R.C. report received |
| Notice | |
| (4) | Council to give notice of hearing |
| (5) | Notice to include availability of T.R.C. report |
| Technical Review Committees | |
| (6) | Appointment of Technical Review Committees |
| (7) | Minister to refer application to regional T.R.C. |
| (8) | Committee may require additional material |
| (9) | Report to be made available at municipal office |
| (10) | No development until all approvals obtained |
| VARIATION ORDERS | |
| 54 | Council may issue variation orders |
| 55(1) | Application for variation order |
| (2) | Conditions of variation order |
| (3) | Types of variation order |
| (4) | Variation hearing to be held by council |
| (5) | Posting requirements |
| (6) | Proof of posting of notice |
| (7) | Public hearing |
| (8) | Variation order |
| (9) | Adjournment of public hearing |
| (10) | Record of hearing to be kept |
| (11) | Notification re order |
| (12) | Order not subject to appeal |
| (13) | Expiry of order |
| (14) | Council may revoke order |
| 56(1) | |
| (2) | Application for minor variation |
| (3) | Action to be taken by development officer |
| (4) | Notice to applicant |
| (5) | Appeal of minor variation |
| INTERIM DEVELOPMENT CONTROL ORDERS | |
| 57(1) | Interim development control order |
| (2) | Publication of notice |
| (3) | Development control |
| (4) | Development permit |
| (5) | Expiry of development permit |
| (6) | Duration of order |
| (7) | Provision in order |
| DEVELOPMENT PERMITS | |
| 58(1) | Development permit |
| (2) | Building permit |
| (3) | Withholding of permit |
| (4) | Rejection of permit |
| (5) | Extension of period |
| (6) | Refusal or granting of permit |
| 59(1) | Dwelling units permitted on a parcel |
| (2) | Development officer not to issue permit |
| (3) | Exceptions to subsections (1) and (2) |
| (4) | Existing zoning by-law to prevail |
| PART VI | |
| SUBDIVISION CONTROL | |
| 60(1) | Restriction on registration of certain instruments |
| (2) | Caveat void |
| (3) | Exceptions to subsection (1) |
| (4) | Parcel includes highway, etc. |
| (5) | Woodlot not a settlement lot |
| (6) | Contiguity of land described in title |
| (7) | Easement not a subdivision |
| (8) | Affidavit or statutory declaration may be required |
| (9) | Effect of zoning by-law |
| (10) | Agreement, etc., contravening control |
| (11) | Explanatory plans |
| (12) | Mines and minerals excepted |
| 61 | Application for subdivision approval |
| 62 | Referral of application to council |
| 63(1) | Decision of council |
| (2) | Resolution of council final |
| (3) | Subdivision hearing to be held by council |
| (4) | Form of notice |
| (5) | |
| (6) | Record of hearing to be kept |
| (7) | Subdivision application inspection |
| 64(1) | |
| (2) | Decision of approving authority |
| (3) | Notice of decision |
| (4) | Alteration of conditions by approving authority |
| (5) | Re-application of same proposal |
| 65(1) | Where conditions are fulfilled |
| (2) | Automatic expiration of conditional approval |
| (3) | Extension of time limit |
| (4) | Certificate of approval not to issue until appeal settled |
| 66 | No decision by approving authority |
| 67(1) | Revocation of approval |
| (2) | Revocation final |
| 68(1) | Appeal to Municipal Board |
| (2) | Contents of notice of appeal |
| (3) | Decision final |
| (4) | Appeal hearing |
| (4.1) | Notice of hearing |
| (5) | Public authority may be heard |
| (5.1) | Appeal as new hearing |
| (6) | Order of Municipal Board |
| (7) | Notice of decision of Municipal Board |
| (8) | Issuance of certificate after appeal |
| (9) | Conditional approval to lapse |
| (10) | Approving authority may close subdivision application |
| (11) | Effect of closed application |
| 69 | Prerequisites for approval |
| 70 | Conditions of approval |
| 71(1) | Payment in lieu of dedication |
| (2) | Valuation of land |
| 72(1) | Filing of caveat |
| (2) | Withdrawal of caveat |
| 73(1) | Uses of public reserve land |
| (2) | Land deemed to be public reserve land |
| (3) | Approval of minister for closing of public reserve |
| (4) | Disposal of land dedicated pursuant to a condition |
| (5) | Notice and hearing of public reserve closing |
| (5.1) | Requirements for notice and hearing |
| (5.2) | Action after third reading |
| (6) | Disposal of land conveyed as school site |
| (7) | Notice of intention to dispose of land and hearing |
| 74(1) | By-laws establishing general levies |
| (2) | Scale of capital levies |
| (3) | Establishment of reserve funds |
| 75(1) | Obsolete plans of subdivision |
| (2) | Registration in land titles office |
| (3) | Notice of hearing |
| (4) | Content of notice |
| (5) | By-law inspection and copying |
| (6) | Hearing |
| (7) | Action by council |
| (8) | Removal of registration |
| (9) | Removal of by-law from register |
| 76(1) | Application for order cancelling plans |
| (2) | Cancellation, etc., may be ordered |
| (3) | Municipal Board Act applies |
| (4) | Principles of resubdivision |
| 77 | Subdivision regulations |
| 78 | Prescribing forms by minister |
| 79 | Errors and omissions |
| PART VII | |
| ENFORCEMENT | |
| 80 | Enforcement of by-laws, resolutions and orders |
| 81(1) | Offences and penalties |
| (2) | Offences by directors and officers of corporation |
| (3) | Order to remedy breach |
| (4) | Continuing offence |
| 82 | Indemnity |
| 83 | Proof of by-law |
| 84(1) | Order to exercise power |
| (2) | Owner's consent |
| (3) | Entry in emergencies |
| (4) | Delegation of powers |
| 85 | Entry upon premises |
| 86 | Limitation of prosecution |
| PART VIII | |
| TRANSITIONAL | |
| 87 | Prior agreements |
| 88(1) | Alteration of municipal boundaries etc. |
| (2) | Effect of existing by-law, etc. on annexed lands |
| (3) | Continuation of process |
| (4) | Lands formerly in additional zone |
| (5) | Plans formerly in effect in additional zone |
| (6) | |
| (7) | |
| 89(1) | Definitions |
| (2) | Planning schemes deemed zoning by-laws |
| (3) | |
| (4) | Development plan prevails over planning scheme |
| 89.1(1) | Definition |
| (2) | Basic planning statements deemed development plans |
| 89.2 | Minor amendment to development plan |
| 89.3 | Minor amendment to zoning by-law |
| 90(1) | Planning advisory committees |
| (2) | Payment to members |
| 91 | Planning Act to prevail |
| 92 | Application of Act |
| 93 | |
| PART IX | |
| NORTHERN MANITOBA | |
| 94 | Meaning of "minister" |
| 95 | Definitions from The Northern Affairs Act |
| APPLICATION OF ACT | |
| 96 | Application of Act to Northern Manitoba |
| 96.1 | |
| LAND USE CONTROL | |
| Functions of the Municipal Board | |
| 97 | |
| Incorporated Communities | |
| 98 | Application of Act to incorporated communities |
| Unincorporated Areas | |
| 99 | Minister deemed council for unincorporated areas |
| 100(1) | Delegation of development plan and zoning by-laws |
| (2) | Delegation includes later related matters |
| (3) | |
| (4) | Third reading of development plan by-law |
| 101(1) | Filing development plan and zoning by-laws |
| (2) | Coming into force of by-law |
| 102 | Disallowance of development plan or zoning by-law |
| SUBDIVISION CONTROL | |
| 103(1) | Approving authority for unincorporated areas |
| (2) | Approving authority for incorporated communities |
| 104 | Application of section 66 and appeal provisions |
| 105 | No appeal of minister's decision |
| Appeal from Decision of Appointed Approving Authority | |
| 106(1) | Appeal of certain decisions of approving authority |
| (2) | Contents of notice of appeal |
| 107 | Procedure on appeal |
| 108 | Hearing |
| 109 | Notice of decision |
| REGULATIONS | |
| 110 | Regulation may apply to all or part of area |
| 111 | Regulations by minister |