Third Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 33
| Section | Table of Contents |
| PART 1 | |
| INTRODUCTORY PROVISIONS | |
| 1(1) | Definitions |
| (2) | Reference to "Act" includes regulations |
| 2 | Application |
| 3 | Application to unorganized territory |
| PART 2 | |
| PROVINCIAL AND REGIONAL PLANNING | |
| DIVISION 1 | |
| PROVINCIAL LAND USE POLICIES | |
| 4(1) | Provincial land use policies |
| (2) | Application to Winnipeg |
| (3) | Contents of policies |
| DIVISION 2 | |
| REGIONAL STRATEGIES | |
| 5(1) | Regional strategy |
| (2) | Purpose of strategy |
| (3) | Contents of regional strategy |
| (4) | Consistency with provincial land use policies |
| 6 | Assistance from minister |
| 7(1) | Public meetings |
| (2) | Consultation with minister |
| 8(1) | Effective date |
| (2) | Amendments |
| 9 | Effect of regional strategy |
| 10(1) | City of Winnipeg |
| (2) | Application |
| DIVISION 3 | |
| SPECIAL PLANNING AREAS | |
| 11(1) | Establishing special planning area |
| (2) | Consultation required |
| (3) | Term of designation |
| 12 | Development in special planning area |
| PART 3 | |
| PLANNING AUTHORITIES | |
| DIVISION 1 | |
| MUNICIPALITIES | |
| 13 | Role of municipalities |
| DIVISION 2 | |
| PLANNING DISTRICTS | |
| ROLE | |
| 14 | Role of planning districts |
| 15(1) | Agreements |
| (2) | Additional responsibilities |
| ESTABLISHMENT | |
| 16(1) | Application to establish district |
| (2) | Resolutions |
| (3) | Requirement for public hearing |
| 17(1) | Establishment of planning district |
| (2) | Contents of regulation |
| STRUCTURE AND ADMINISTRATION | |
| 18(1) | Corporate status |
| (2) | Corporation without share capital |
| (3) | Applicability of Corporations Act |
| 19(1) | Board to manage affairs |
| (2) | Minimum representation |
| (3) | Member from L.G.D. |
| 20(1) | First directors |
| (2) | Term of office of first directors |
| 21(1) | Organizational and procedural by-laws |
| (2) | Compensation by-law |
| (3) | General powers re by-laws |
| 22(1) | Financial contributions |
| (2) | Annual report |
| 23 | Dispute resolution |
| 24 | Employees |
| CHANGES TO PLANNING DISTRICTS | |
| Change in Name | |
| 25(1) | Application for name change |
| (2) | Name change |
| (3) | Liability unchanged |
| Alteration, Dissolution and Amalgamation | |
| 26(1) | Application for alteration or dissolution |
| (2) | Application for amalgamation |
| 27(1) | Requirements for adding municipality |
| (2) | Requirements for dissolution or removal |
| (3) | Requirements for amalgamation |
| 28(1) | Referral to Municipal Board |
| (2) | Consultation and hearing |
| (3) | Recommendation to minister |
| Decision | |
| 29(1) | Decision |
| (2) | Amendments to regulation |
| (3) | Distribution of assets and liabilities |
| (4) | Result of amalgamation |
| 30(1) | Development plan continues to apply |
| (2) | When municipal development plan applies |
| PLANNING COMMISSIONS | |
| ESTABLISHMENT | |
| 31 | Planning commissions |
| 32(1) | By-law requirements |
| (2) | Composition of commission |
| ROLE OF PLANNING COMMISSIONS | |
| Decisions | |
| 33 | Decisions by planning commission |
| 34(1) | Notice of decision |
| (2) | Appeal of decision by commission |
| (3) | Notice of appeal |
| (4) | Decision final if no appeal |
| 35(1) | Appeal to board or council |
| (2) | Notice of hearing |
| (3) | Who may not hear appeal |
| (4) | Quorum not lost |
| (5) | New hearing |
| Hearings | |
| 36(1) | Hearings by planning commission |
| (2) | Report to board or council |
| GENERAL | |
| 37 | Resolutions |
| 38 | Deemed hearing by board or council |
| 39 | Commission must meet all requirements |
| PART 4 | |
| PLANS | |
| DIVISION 1 | |
| DEVELOPMENT PLANS | |
| REQUIREMENTS | |
| 40(1) | Development plan for planning districts |
| (2) | Development plan for municipalities |
| (3) | Exception |
| 41 | Consistency with provincial land use policies |
| 42(1) | Requirements of development plan |
| (2) | Livestock operation policy |
| (3) | Restriction on designation |
| 43 | Deadline for review |
| 44(1) | Meetings and consultation |
| (2) | Consultation with councils |
| ADOPTION PROCESS | |
| 45 | Adoption |
| 46(1) | Public hearing |
| (2) | Actions after hearing |
| (3) | Notice of resolution not to proceed |
| 47(1) | Submission to minister |
| (2) | Requirements |
| (3) | No adoption until approval |
| 48 | Notice of second reading |
| 49 | Referral to Municipal Board |
| 50(1) | Municipal Board hearing |
| (2) | Report to minister |
| 51(1) | Minister's decision |
| (2) | Consultation |
| (3) | Notice of decision |
| 52 | Third reading |
| 53 | Notice of adoption |
| 54 | By-law not subject to appeal |
| 55 | Resolution not to proceed |
| AMENDMENTS AND REVIEW | |
| 56(1) | Amending development plan by-law |
| (2) | Application by owner may be refused |
| 57 | Amendment process |
| 58(1) | Exception for minor amendments |
| (2) | Decision |
| 59(1) | Periodic review |
| (2) | Minister's order for review |
| (3) | Method of review |
| (4) | By-law to be re-enacted or replaced |
| POWERS OF MINISTER | |
| 60 | Order |
| 61(1) | Minister may amend or replace by-law |
| (2) | Referral to Municipal Board |
| (3) | Approval by Order in Council |
| APPLICATION OF PROVINCIAL LAND USE | |
| 62(1) | Policies do not apply |
| (2) | Policies apply to amendments and review |
| DIVISION 2 | |
| SECONDARY PLANS | |
| 63(1) | Adoption of secondary plans |
| (2) | Consistency with development plan by-law |
| 64 | Adoption process |
| DIVISION 3 | |
| GENERAL | |
| 65 | Compliance with plans |
| 66 | Acquisition and disposal of land |
| 67 | Revoking development plan by-law |
| PART 5 | |
| ZONING BY-LAWS | |
| REQUIREMENTS | |
| 68 | Zoning by-law required |
| 69(1) | District-wide zoning by-law |
| (2) | Effect on municipal zoning by-law |
| 70 | Exception |
| 71(1) | Zoning by-law requirements |
| (2) | General development requirements |
| (3) | Contents of zoning by-law |
| (4) | Power to prohibit includes power to permit |
| 72(1) | Zoning by-laws for livestock operations |
| (2) | Restricted zoning for large livestock operations |
| (3) | Siting and setback of livestock operations |
| 73 | Incentive zoning |
| ADOPTION OF ZONING BY-LAW | |
| 74(1) | Public hearing |
| (2) | Alteration to zoning by-law |
| (3) | No hearing for minor alteration |
| 75 | Adoption if no objection |
| When Planning Commission Holds Hearing | |
| 76(1) | Objections at planning commission hearing |
| (2) | Options of board or council |
| (3) | Notice to objectors |
| (4) | Actions if no second objection |
| (5) | Hearing on second objection |
| (6) | Decision |
| When Board or Council Holds Hearing | |
| 77(1) | Objections at board or council hearing |
| (2) | Options of board or council |
| (3) | Notice to objectors |
| (4) | Actions if no second objection |
| (5) | Referring second objection |
| (6) | Requirement for third reading |
| (7) | Hearing |
| (8) | Order |
| (9) | Notice of decision |
| (10) | Delayed decision |
| (11) | Order not subject to appeal |
| General Adoption Matters | |
| 78(1) | Objections from public authorities |
| (2) | Transfer of objections |
| 79(1) | Notice of adoption |
| (2) | Notice of resolution not to proceed |
| AMENDMENTS | |
| 80(1) | Amending zoning by-law |
| (2) | Application by owner may be refused |
| (3) | Amendment process |
| 81 | Development agreement as condition |
| 82(1) | Exception for minor amendments |
| (2) | Decision |
| GENERAL PROVISIONS | |
| 83 | Quashing of by-law |
| 84 | Effect of zoning by-law on caveats |
| 85 | Zoning memorandum may be issued |
| NON-CONFORMING USES | |
| 86(1) | Continuance of lawfully existing non-conformities |
| (2) | What constitutes existing building |
| (3) | What constitutes existing parcel |
| (4) | What constitutes existing use |
| 87 | Certificate of non-conformity |
| 88(1) | Cancellation of permits |
| (2) | Agreement on expenses |
| (3) | Arbitration if no agreement |
| (4) | Conduct of arbitration |
| 89(1) | Limits on construction |
| (2) | Damaged non-conforming building |
| 90(1) | No increase or change in non-conforming use |
| (2) | Non-conforming parcels |
| 91(1) | Discontinuance of non-conforming use |
| (2) | Effect of change of ownership on use |
| 92(1) | Non-conformity may be altered by variance |
| (2) | Variation procedure applies |
| 93 | Acquiring non-conforming land or building |
| PART 6 | |
| VARIANCES | |
| 94(1) | Applicants |
| (2) | Application to board or council |
| (3) | Application requirements |
| 95 | Authority respecting variances |
| 96 | Public hearing |
| 97(1) | Decision |
| (2) | Restrictions on variances |
| 98(1) | Conditions of order |
| (2) | Revoking variance order |
| 99 | Notice of decision |
| 100(1) | No appeal |
| (2) | Appeal of planning commission order |
| 101(1) | Expiry of variance order |
| (2) | Extending approval deadline |
| 102(1) | Authority re minor variances |
| (2) | No notice or hearing required |
| (3) | Decision on minor variances |
| (4) | Submissions before setting conditions |
| (5) | Notice to applicant |
| (6) | Appeal of minor variance |
| PART 7 | |
| CONDITIONAL USES | |
| DIVISION 1 | |
| GENERAL CONDITIONAL USES | |
| APPLICATIONS | |
| 103(1) | Requirement for approval |
| (2) | Applicants |
| (3) | Application to board or council |
| (4) | Application requirements |
| 104 | Authority respecting conditional uses |
| 105 | Public hearing |
| 106(1) | Decision |
| (2) | Conditions of approval |
| (3) | Revoking approval |
| (4) | Modification of conditions |
| 107(1) | Conditions on small livestock operations |
| (2) | No conditions re manure |
| 108 | Notice of decision |
| 109(1) | No appeal |
| (2) | Appeal of planning commission order |
| 110(1) | Expiry of approval |
| (2) | Extending approval deadline |
| DIVISION 2 | |
| LARGE-SCALE CONDITIONAL USE | |
| LIVESTOCK OPERATIONS | |
| 111(1) | Application |
| (2) | Applicability of Division 1 |
| 112 | Minister to receive copy of application |
| TECHNICAL REVIEW COMMITTEES | |
| 113(1) | Appointment of Technical Review Committees |
| (2) | Application referred to T.R.C. |
| (3) | Committee may require additional material |
| (4) | T.R.C. report |
| (5) | Report available for inspection |
| HEARINGS | |
| 114(1) | Hearing date |
| (2) | Notice of hearing date |
| (3) | Notice of T.R.C. report |
| 115 | Hearing |
| DECISION | |
| 116(1) | Decision |
| (2) | Conditions on livestock operations |
| (3) | No conditions re manure |
| (4) | Revoking approval |
| 117 | Notice of decision |
| 118 | No development until all approvals obtained |
| PART 8 | |
| SUBDIVISION CONTROL | |
| DEFINITIONS | |
| 119(1) | Definitions |
| (2) | Mines and minerals not included |
| 120 | Board as approving authority |
| WHEN SUBDIVISION APPROVAL IS REQUIRED | |
| 121(1) | Approval required for subdivision of land |
| (2) | Cases in which approval is not required |
| (3) | Parcel includes public road, etc. |
| (4) | Contiguity of land |
| (5) | Easement not a subdivision |
| (6) | Affidavit or statutory declaration may be required |
| (7) | Effect of zoning by-law |
| (8) | Caveat void |
| 122 | Unregistered instrument effecting subdivision |
| RESTRICTION ON SUBDIVISION APPROVAL | |
| 123 | Restriction on approvals |
| APPLYING FOR SUBDIVISION APPROVAL | |
| 124(1) | Application for subdivision approval |
| (2) | Approving authority to prepare report |
| REVIEW BY COUNCIL | |
| 125(1) | Review by council |
| (2) | Hearing when road created |
| (3) | Council's decision final |
| (4) | Notice to approving authority |
| FINAL DECISION BY APPROVING AUTHORITY | |
| 126(1) | Role of approving authority |
| (2) | Decision of approving authority |
| (3) | Notice of decision |
| (4) | New or varied conditions |
| (5) | If no decision within 60 days |
| 127 | Conditional approval valid for 2 years |
| 128(1) | Revoking a conditional approval |
| (2) | Notice |
| (3) | Revocation final |
| APPEAL TO MUNICIPAL BOARD | |
| 129(1) | Right to appeal |
| (2) | No appeal if council rejects application |
| (3) | How to appeal |
| (4) | Notice of appeal |
| 130(1) | Appeal hearing |
| (2) | Notice of hearing |
| 131(1) | Decision of Municipal Board |
| (2) | Notice of decision |
| (3) | If conditions not met within 2 years |
| CERTIFICATE OF APPROVAL | |
| 132(1) | Certificate of approval |
| (2) | Certificate issued in 30 days |
| (3) | Notice to council and minister |
| (4) | Certificate valid for 12 months |
| (5) | No certificate until appeal settled |
| WAITING PERIOD FOR NEW APPLICATIONS | |
| 133 | Six-month wait before applying again |
| SHORTENED PROCESS FOR MINOR SUBDIVISIONS | |
| 134(1) | Definition of "minor subdivision" |
| (2) | Conditions for minor subdivisions |
| (3) | Shortened process |
| (4) | Decision of designated employee |
| CONDITIONS OF SUBDIVISION APPROVAL | |
| 135 | Conditions of approval |
| 136(1) | Money in place of public reserve or school lands |
| (2) | Council must specify payment as a condition |
| (3) | Agreement about the amount |
| (4) | Arbitration |
| 137 | Errors in approvals or plans |
| USE AND DISPOSAL OF PUBLIC RESERVE LAND | |
| 138(1) | Uses of public reserve land |
| (2) | Land deemed to be public reserve land |
| 139(1) | Closing public reserve land |
| (2) | Notice and hearing of public reserve closing |
| 140(1) | Money in place of reserve land |
| (2) | Use of money |
| 141(1) | Money in place of school lands |
| (2) | Use of school lands, money |
| (3) | Notice of intention to dispose of land and hearing |
| FEES, CHARGES AND CAPITAL LEVIES | |
| 142(1) | By-laws establishing fees and charges |
| (2) | Examination and approval services |
| 143(1) | Levies established by by-law |
| (2) | Establishment of reserve funds |
| OBSOLETE PLANS OF SUBDIVISION | |
| 144(1) | Obsolete plans of subdivision |
| (2) | Registration in land titles office |
| (3) | Notice and hearing |
| (4) | Action of planning authority |
| (5) | Decision distributed |
| (6) | Discharge |
| (7) | Plan declared obsolete cannot be revived |
| CANCELLING PLANS OF SUBDIVISION | |
| 145(1) | |
| (2) | Notice of hearing |
| (3) | Decision of Municipal Board |
| (4) | Municipal Board Act applies |
| (5) | Principles of re-subdivision of a cancelled plan |
| (6) | Municipality as owner |
| REGULATIONS | |
| 146(1) | Subdivision regulations |
| (2) | Regulations may be limited |
| PART 9 | |
| DEVELOPMENT REQUIREMENTS | |
| DEVELOPMENT PERMITS | |
| 147(1) | Development permit required |
| (2) | Application to board or council |
| 148(1) | Decision on development permit |
| (2) | Review of application |
| (3) | Withholding development permit |
| (4) | Refusal to issue withheld permit |
| (5) | No further withholding |
| (6) | Compensation for withholding |
| 149 | Dwelling units permitted on a parcel |
| 150 | Development agreements |
| 151(1) | Registering development agreements |
| (2) | Agreement before amendment or order |
| PART 10 | |
| NORTHERN MANITOBA | |
| INTERPRETATION | |
| 152(1) | Meaning of "minister" |
| (2) | Definitions from Northern Affairs Act |
| APPLICATION TO NORTHERN MANITOBA | |
| 153(1) | Application to Northern Manitoba |
| (2) | References to "minister" |
| 154 | Incorporated communities |
| 155 | Unincorporated areas |
| 156(1) | Delegation of minister's authority |
| (2) | Delegation subject to terms and conditions |
| 157 | Municipal Board |
| LAND USE PLANNING | |
| 158(1) | Land use control may be adopted |
| (2) | Adoption by incorporated communities |
| (3) | Adoption by communities |
| (4) | Adoption in other areas of Northern Manitoba |
| 159 | Modified adoption of development plan by-law |
| 160(1) | Filing requirement |
| (2) | Delayed coming into force |
| (3) | Disallowing by-law |
| 161 | Transitional provisions apply |
| SUBDIVISION CONTROL | |
| 162 | Approving authority for subdivision |
| PART 11 | |
| NOTICES AND HEARINGS | |
| DIVISION 1 | |
| NOTICES | |
| GENERAL | |
| 163(1) | Sending notice |
| (2) | Deemed receipt |
| 164 | Alternate service |
| 165 | Notice for written submissions |
| NOTICE OF HEARINGS | |
| 166 | Notice of hearing |
| 167 | Contents of notice |
| 168(1) | |
| (2) | Publication requirements |
| (3) | Required notice |
| (4) | Notice to affected property owners |
| 169(1) | Notice re certain applications |
| (2) | Required notice |
| (3) | Notice to affected property owners |
| (4) | Notice of variance involving livestock operations |
| 170(1) | Posting requirements |
| (2) | Proof of posting |
| 171 | Inspection of documents |
| DIVISION 2 | |
| HEARINGS | |
| 172(1) | Conduct of hearing |
| (2) | Adjournment |
| 173(1) | Representations |
| (2) | Recording representations |
| 174(1) | Combined hearings |
| (2) | Notice of combined hearings |
| PART 12 | |
| ENFORCEMENT | |
| 175(1) | Authority to inspect and enforce |
| (2) | Related inspection powers |
| (3) | No interference |
| 176(1) | Requirements |
| (2) | Identification |
| (3) | No notice in emergencies |
| 177 | Warrant |
| 178(1) | Order to remedy contravention |
| (2) | Content of order |
| (3) | Review by board or council |
| (4) | Powers of board or council |
| 179(1) | District or municipality remedying contraventions |
| (2) | Costs |
| 180 | Injunction |
| OFFENCES AND PENALTIES | |
| 181(1) | Offences |
| (2) | Continuing offences |
| (3) | Directors and officers |
| 182(1) | General penalty |
| (2) | Orders in addition to penalty |
| 183 | Time limit for prosecution |
| PART 13 | |
| MISCELLANEOUS PROVISIONS | |
| 184 | Designated employees and officers |
| 185 | Third reading deadline does not apply |
| 186 | Records of planning district |
| 187(1) | Limited restrictions on livestock operations |
| (2) | When by-law does not apply to livestock operation |
| 188 | Alteration of boundaries |
| 189(1) | Duties of minister |
| (2) | Minister may provide planning assistance |
| 190(1) | Interdepartmental Planning Board |
| (2) | Duties of Interdepartmental Planning Board |
| 191 | Act prevails |
| 192 | Protection from liability |
| 193(1) | Regulations by L.G. in C. |
| (2) | Ministerial regulations |
| PART 14 | |
| TRANSITIONAL | |
| 194(1) | Definitions |
| (2) | Planning statement deemed development plan |
| (3) | Planning scheme deemed zoning by-law |
| MATTERS UNDER THE FORMER ACT | |
| 195(1) | Planning districts continued |
| (2) | Board of district continued |
| (3) | Adopting by-laws |
| 196 | Development plan by-law continues |
| 197(1) | Zoning by-law continues |
| (2) | Deemed amendment of zoning by-law |
| (3) | Exception for planning scheme |
| 198 | By-laws and decisions continue |
| 199 | Permits and orders continue |
| 200 | Agreements and contracts continue |
| DEVELOPMENT PLAN BY-LAWS AND ZONING | |
| 201 | Development plan by-law deadline |
| 202(1) | Zoning by-law deadline |
| (2) | Exception |
| 203 | Extension of deadline |
| DEVELOPMENT APPROVAL | |
| 204 | Applications before Act in force |
| 205 | Transitional approval requirements |
| 206(1) | Approval required |
| (2) | Exception |
| General Development | |
| 207 | General development approval |
| Small-Scale Livestock Operations | |
| 208 | Small livestock operation approval |
| Large-Scale Livestock Operations | |
| 209(1) | Hearings required for large operations |
| (2) | Large operations with no land use planning |
| (3) | Large operations with no zoning by-law |
| (4) | Large operations with no development plan |
| Subdivision | |
| 210(1) | Subdivision applications |
| (2) | Additional requirements |
| (3) | Additional condition of approval |
| 211(1) | Transitional regulations |
| (2) | Timing of regulations |
| PART 15 | |
| CONSEQUENTIAL AND | |
| CONDITIONAL AMENDMENTS | |
| 212 | Consequential amendment, C.C.S.M. c. H40 |
| 213(1) | Consequential amendment, C.C.S.M. c. H50 |
| (2) | |
| (3) | |
| 214 | Consequential amendment, C.C.S.M. c. N100 |
| 215 | Consequential amendment, C.C.S.M. c. R30 |
| 216 | Consequential amendment, S.M. 2002, c. 39 |
| 217 | Conditional amendment |
| APPLICATION OF WATER PROTECTION ACT | |
| 62.1 | Consideration of Water Protection Act |
| PART 16 | |
| REPEAL, C.C.S.M. REFERENCE | |
| AND COMING INTO FORCE | |
| 218 | Repeal |
| 219 | C.C.S.M. reference |
| 220(1) | Coming into force |
| (2) | Coming into force: section 217 |