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2nd Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 6

THE PLANNING AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. P80 amended

1           The Planning Act is amended by this Act.

2           Subsection 86(3) is amended by striking out "subsection 126" and substituting "section 126 or 126.1".

3           The definition "approving authority" in subsection 119(1) is replaced with the following:

"approving authority" means

(a) the board, in the case of a board authorized under section 120;

(b) the council, in the case of a council that is subject to section 120.1; and

(c) the minister, in any other case. (« autorité compétente »)

4           The following is added after section 120 and before the centred heading that follows it:

Approving authority for Brandon

120.1(1)    The council of The City of Brandon is hereby established as the approving authority for the subdivision of land in Brandon.

Approving authority for designated municipalities

120.1(2)    The minister may make regulations designating the council of a municipality as the approving authority for the subdivision of land in the municipality, including regulations

(a) establishing eligibility requirements for the council to act as the approving authority;

(b) respecting conditions that apply when the council is the approving authority.

5           The following is added after subsection 124(4):

Minor subdivisions if council is approving authority

124(5)      If the council is the approving authority, an application for a minor subdivision must be sent to the council and dealt with in accordance with section 125 or 125.1, and subsections (3) and (4) do not apply to such an application.

6(1)        Subsection 125(1) is amended, in the part before clause (a), by striking out "a copy of the material from the approving authority" and substituting "the planning report".

6(2)        The following is added after subsection 125(4):

Non-application to council

125(5)      Subsection (4) does not apply if the council is the approving authority.

7(1)        Subsection 125.1(1) is amended, in the part before clause (a), by striking out "subsection 124(3)" and substituting "subsection 124(3) or (5)".

7(2)        Subsection 125.1(4) of the French version is amended by striking out "par l'autorité compétente".

7(3)        The following is added after subsection 125.1(8):

Non-application if council is approving authority

125.1(9)    Subsections (4), (6) and (7) do not apply in respect of a minor subdivision if the approving authority is the council.

8           The following is added after section 125.1 and before the centred heading that follows it:

Notice of council decisions for minor subdivisions

125.2       If the council is the approving authority, the municipality must send a certified copy of council's decision on a minor subdivision to the applicant and to the minister.

9           The following is added after section 126:

Council acting as approving authority

126.1(1)    A decision made in accordance with section 125 or 125.1 by a council that is an approving authority is deemed to be a decision of the approving authority to reject the application or give conditional approval to the subdivision, subject to any conditions specified by the council or the designated employee or officer.

Non-application

126.1(2)    Section 126 does not apply when the council is the approving authority.

10          Section 127 is amended by striking out "or 126(3)" and substituting ", section 125.2 or subsection 126(3)".

11(1)       The following is added after subsection 129(1):

Right to appeal: when council is approving authority

129(1.1)    If the council is the approving authority, an applicant or the minister may appeal a decision under section 125 or 125.1 to approve an application or to impose conditions on such an approval.

11(2)       Subsection 129(2) is amended by adding "clause 125(1)(a), subsection 125.1(5) or" before "clause 126(1)(a)".

11(3)       Subclause 129(3)(a)(i) is replaced with the following:

(i) the municipality gives notice of the decision under subsection 125.1(7) or section 125.2, or

12(1)       Subsection 132(1) is amended by adding "section 125 or 125.1 or" before "clause 126(2)(b)".

12(2)       Subsection 132(2) is amended by striking out "board, the board" and substituting "board or the council of a municipality, the board or the municipality".

12(3)       Subsection 132(3) is replaced with the following:

Notice

132(3)      The approving authority must send a copy of the certificate of approval to

(a) the applicant;

(b) the council, except if the council is the approving authority; and

(c) the minister, except if the minister is the approving authority.

Coming into force

13          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Planning Act to provide that the council of the City of Brandon is the approving authority for the subdivision of land in Brandon.

The minister may make regulations that enable the council of a municipality other than Brandon to be the approving authority for the subdivision of land within its municipality.