3rd Session, 43rd 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 33

THE PLANNING AMENDMENT AND CITY OF WINNIPEG CHARTER AMENDMENT ACT

(Assented to                                         )

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

PART 1
THE PLANNING ACT

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

1   The Planning Act is amended by this Part.

2(1)   Subsection 10(3) is amended

(a) in clause (a), by striking out "hold" and substituting "within 120 days after the referral, hold"; and

(b) in the French version, by striking out "de l'audience" and substituting "des audiences".

2(2)   Subsection 10(4) is amended by adding "within 60 days after the last hearing" at the end.

3   Subsection 10.2(3) is repealed.

4(1)   Clause 10.7(4)(a) is amended by striking out "hold" and substituting "within 120 days after the referral, hold".

4(2)   Subsection 10.7(5) is amended by adding "within 60 days after the hearing" at the end.

5   Subsection 10.8(2) is amended by striking out "Within three years after its planning region has adopted a regional planning by-law" and substituting "After its planning region has adopted a regional planning by-law and within three years after the by-law has come into force".

6   Subsection 10.9(2) is amended

(a) by replacing the section heading with "Pending applications not subject to regional planning by-law"; and

(b) by striking out "is subject to subsection (1)" and substituting "is not subject to subsection (1)".

7   Section 10.10 is repealed.

8   Subsection 10.20(2) is amended, in the part after clause (d), by striking out "sections 10.9 and 10.10" and substituting "section 10.9".

9   Subsection 12.14(4) is amended by striking out "and 148(6) when he or she" and substituting "when the minister".

10(1)   Subsection 28(2) is amended by striking out "Upon receiving the application, the Municipal Board must hold a public hearing" and substituting "The Municipal Board must hold a public hearing within 120 days after receiving the referral".

10(2)   Subsection 28(3) is amended by adding "within 60 days after the hearing is concluded" at the end.

11(1)   Clause 50(1)(a) is amended by striking out "hold" and substituting "within 120 days after the referral, hold".

11(2)   Subsection 50(2) is amended by striking out "30 days" and substituting "60 days".

12   The centred heading "Livestock Operations" is added before section 72.

13   Subsections 72.1(1) and (2) are replaced with the following:

Changes to Livestock Operations

Definitions

72.1(1)   The following definitions apply in this section.

"authorized change" means

(a) in relation to a livestock operation that is not subject to supply management, a change that meets the requirements set out in subsection (2.4) that is a replacement, or an alteration or expansion, of an existing farm building that houses livestock; or

(b) in relation to a livestock operation, or part of a livestock operation, that is subject to supply management, a change that meets the requirements set out in subsection (2.4) that is

(i) a replacement, or an alteration or expansion, of an existing farm building that houses livestock, or

(ii) an intensification of use of the part of the operation that is subject to supply management. (« modification autorisée »)

"supply management" means the controlled production and marketing of a farm product in accordance with a quota order made under The Farm Products Marketing Act. (« gestion de l'offre »)

Interpretation — animal units under current zoning by-law

72.1(2)   For the purpose of this section, the number of animal units permitted or recognized as a conforming use for a livestock operation is

(a) the number permitted in the zoning by-law as of the day the zoning by-law came into effect, if the livestock operation is a permitted use under the zoning by-law; or

(b) the number permitted in the latest approval of a conditional use under Division 1 or 2 of Part 7, if the livestock operation is a conditional use under the zoning by-law.

Interpretation — animal units if livestock operation existed before current zoning by-law

72.1(2.1)   If a livestock operation was established before the zoning by-law was adopted, the number of animal units permitted or recognized as a conforming use for the livestock operation is the number deemed to be permitted as a conditional use under the zoning by-law on the day the zoning by-law came into effect.

Changes to non-supply managed livestock operations

72.1(2.2)   For a livestock operation that is not subject to supply management, a change is deemed not to be a failure to comply with, or a change to a condition imposed on, the approval of a conditional use, an intensification of a use, a new use or new construction under this Act or any zoning by-law if it is an authorized change to an existing farm building that houses livestock.

Changes to supply managed livestock operations

72.1(2.3)   For a livestock operation, or part of a livestock operation, that is subject to supply management, a change is deemed not to be a failure to comply with, or a change to a condition imposed on, the approval of a conditional use, an intensification of a use, a new use or new construction under this Act or any zoning by-law if it is an authorized change to

(a) an existing farm building that houses livestock; or

(b) the intensity of use of the part of the operation that is subject to supply management.

Requirements

72.1(2.4)   For a change to be an authorized change,

(a) a person with an interest in the livestock operation must apply for and obtain a zoning memorandum from the planning district or municipality that states

(i) that the livestock operation appears to conform with the zoning by-law, and

(ii) the number of animal units permitted or recognized as a conforming use for the livestock operation before and after the proposed change; and

(b) the change must not result in an increase in animal units of more than 15% from the number of animal units permitted or recognized as a conforming use for the livestock operation.

14(1)   Subsection 76(3) is amended, in the part before clause (a), by striking out "stating that" and substituting "stating the reasons for proceeding with the by-law despite the objections and that".

14(2)   Subsection 76(5) is amended by adding "together with copies of the relevant planning authority records as defined in section 77.1" at the end.

15   Subsection 77(5) is amended by adding "together with copies of the relevant planning authority records as defined in section 77.1" at the end.

16   Section 77.1 is replaced with the following:

Meaning of "planning authority records"

77.1   In sections 77.2 and 78, "planning authority records" includes the following in respect of a by-law:

(a) the application, if any, along with supporting materials filed by the applicant;

(b) the minutes of the hearing held under subsection 74(1), the record of all representations made at the hearing and each written submission filed before or at the hearing;

(c) supporting materials filed with the board or council or the planning commission before or at the hearing;

(d) objections to the by-law;

(e) the written decision of the board or council with reasons;

(f) any other documents relevant to the matter.

Notice of referral

77.2(1)   If the board or council refers an objection under subsection 76(5) or 77(5), it must, within 14 days after the referral, give notice of the following to every person who made a representation at the hearing respecting the by-law or who objected to the by-law:

(a) the referral;

(b) that the Municipal Board's report, with recommendations, to the board or council will be published on the Municipal Board's website.

Review of by-law

77.2(2)   If a by-law is referred to the Municipal Board, the Board must, within 120 days after the referral,

(a) conduct a review based on the planning authority records; and

(b) submit a report, with recommendations, in respect of the by-law to the board or council and provide a copy to the minister at the same time.

Scope of review

77.2(3)   A review under this section is not subject to subsection 15(3) of The Municipal Board Act. Despite any rules adopted by the Municipal Board, the Board must not hold a hearing or receive new evidence or representations.

Preparation of report

77.2(4)   In preparing the report under this section, the Municipal Board's considerations must be limited to

(a) the planning authority records; and

(b) the board or council's stated reasons for proceeding with the by-law despite the objections.

Publication of report

77.2(5)   The Municipal Board must publish the report, with recommendations, on its website within seven days after submitting the report to the board or council.

Requirement for third reading

77.2(6)   The board or council must not give the by-law third reading unless the board or council has considered the recommendations that the Municipal Board has made in its report in respect of the by-law.

Delayed decision

77.3   If the minister is reviewing a development plan by-law or an amendment to a development plan by-law at the same time that an objection to a zoning by-law for the same area is being considered under section 77.2, the Municipal Board may delay making the report required under that section until the minister has made their decision.

17(1)   Subsection 78(1) is amended, in the part before clause (a), by striking out everything after "Municipal Board" and substituting "together with copies of the relevant planning authority records:".

17(2)   The following is added after subsection 78(2):

Hearing by Municipal Board

78(3)   Subject to subsection 24(3.2) of The Municipal Board Act, the Municipal Board must hold a hearing within 120 days after receiving an objection.

Notice of hearing

78(4)   At least 14 days before the hearing, the Municipal Board must give notice of the hearing to

(a) the applicant, if any;

(b) the board or council that referred the objection;

(c) the regional planning board, if any land within its region is subject to the by-law;

(d) the minister;

(e) every person who made a representation at the hearing held under subsection 74(1); and

(f) every person who objected to the by-law.

Scope of hearing

78(5)   A hearing under this section is not subject to subsection 15(3) of The Municipal Board Act. The Municipal Board must not receive representations from any person who is not entitled to receive notice of the hearing.

Order

78(6)   The Municipal Board must, within 60 days after the hearing is concluded, make an order

(a) confirming or refusing to confirm the by-law or any part of it; or

(b) directing the board or council to alter the by-law in the manner the Municipal Board specifies to address any representations on the objection made at the hearing.

The order may be subject to any terms or conditions that the Municipal Board considers advisable.

Notice of decision

78(7)   The Municipal Board must send a copy of the order to the following:

(a) the applicant, if any;

(b) the board or council that referred the objection;

(c) the regional planning board, if any land within its region is subject to the by-law;

(d) the minister;

(e) every person who made a representation at the hearing held under subsection (3);

(f) every person who objected to the by-law.

Decision not subject to appeal

78(8)   The decision of the Municipal Board is final and not subject to appeal.

Requirement for third reading

78(9)   The board or council must not give the by-law third reading unless

(a) the Municipal Board makes an order under clause (6)(a) confirming the parts of the by-law that were the subject of the objection; or

(b) the board or council, as the case may be, complies with the order of the Municipal Board under clause (6)(b) (alteration of by-law).

18   The following is added after section 78:

Application — sufficient objections

78.1   For certainty, when a board or council must refer a zoning by-law to the Municipal Board under subsection 76(5) or 77(5) and under the requirements of subsection 78(1), section 77.2 no longer applies and the board or council must follow the procedure set out in section 78.

19   The following is added after subsection 82.1(1):

No appeal if Municipal Board recommendations considered

82.1(1.1)   Despite subsection (1), no appeal may be made in respect of an application for an amendment to a zoning by-law, or a condition imposed in respect of that amendment, when the Municipal Board's recommendations in its report on the by-law have been considered by the board or council in accordance with subsection 77.2(6).

20   Section 82.2 is repealed.

21   Subsection 107(1) is amended

(a) in the section heading, by striking out "small";

(b) in the part before clause (a), by striking out "involving fewer than 300 animal units" and substituting "dealt with in accordance with this Division"; and

(c) by replacing subclause (c)(iii) with the following:

(iii) the construction or maintenance — at the owner's expense or partly at the owner's expense — of works required to service the livestock operation, including roads, traffic control devices, water servicing, site drainage, fencing, landscaping or shelter belts,

22   The following is added after section 110 as part of Division 1:

Minor change for large-scale livestock operation

110.1   Despite subsection 106(4), an application to change a conditional use for an existing livestock operation involving 300 or more animal units must be made and dealt with in accordance with this Division if the application is to change any condition other than a condition described in subsection 111(1).

23   Subsection 111(1) is replaced with the following:

Application

111(1)   Subject to section 110.1 of Division 1, an application to approve or change a conditional use for a livestock operation involving 300 or more animal units must be made and dealt with in accordance with this Division if the application is

(a) to establish the operation;

(b) to change or add a livestock category for the operation; or

(c) to increase the number of animal units involved in the operation.

24   Section 118.1 is amended in the definition "large-scale livestock operation" by striking out "that is subject to Division 2" and substituting "involving 300 or more animal units".

25   Clause 118.2(1)(b) is amended, in the part before subclause (i), by adding "that was made and dealt with in accordance with Division 2" after "operation".

26   Subsection 118.3(1) is amended by adding "within 120 days after the notice of appeal is received" at the end.

27(1)   Subclause 118.4(1)(b)(ii) is amended by striking out "section 107" and substituting "subsection 116(2)".

27(2)   Subsection 118.4(2) is amended

(a) by striking out "30 days" and substituting "60 days"; and

(b) by striking out "planning commission" and substituting "planning commission, the minister".

28(1)   Subsection 119(1) is amended by replacing the definition "minor subdivision" with the following:

"minor subdivision" means a subdivision that meets the requirements set out in subsection 119(1.1). (« lotissement mineur »)

28(2)   The following is added after subsection 119(1):

Minor subdivision — requirements

119(1.1)   A subdivision is a minor subdivision for the purpose of this Part if

(a) the subdivision is one of the following:

(i) a subdivision that results in a single new parcel of land,

(ii) a subdivision of one or more parcels of land where each parcel being transferred is to be consolidated with an adjacent parcel covered by another title, so that no additional title results,

(iii) a subdivision that results in new parcels of land where at least one boundary, or part of a boundary, of at least two adjacent parcels is or will be subject to a party wall agreement; and

(b) the subdivision meets all the following conditions:

(i) the parcels resulting from the subdivision conform with the development plan by-law, the zoning by-law and any secondary plan by-law,

(ii) the subdivision does not create any new public roads,

(iii) the subdivision does not require any change in access to a provincial road or provincial trunk highway.

29   Subsection 130(1) is amended by adding "within 120 days after the notice of appeal is received" at the end.

30   Subsection 131(2) is amended by striking out "30 days" and substituting "60 days".

31   Section 131.1 is repealed.

32   Subsection 148(6) is repealed.

33   Subsections 149.2(4) and (5) are repealed.

34   Subsection 151.0.1(1) is amended by striking out "section 150" and substituting "item 3 of section 135 or under section 150".

35   Clause 151.0.3(1)(a) is amended by striking out "section 150" and substituting "item 3 of section 135 or under section 150".

36   Section 151.0.4 is repealed.

37   Clause 172(1)(b) is amended by striking out "hear" and substituting "unless otherwise specified in this Act, hear".

38   Subsection 187(1) is amended by replacing everything before clause (a) with the following:

Limited restrictions on livestock operations

187(1)   Except as provided in a development plan by-law, in provisions of a zoning by-law respecting the siting and setback of livestock operations or by application of section 161, a board or council may not impose any restrictions or conditions on

PART 2
THE CITY OF WINNIPEG CHARTER

S.M. 2002 c. 39 amended

39   The City of Winnipeg Charter is amended by this Part.

40   Section 1 is amended in the definition "hearing body" by striking out ", and where The Municipal Board is required under this Act to hold or conduct a hearing, includes The Municipal Board in respect of the hearing".

41(1)   Clause 236.1(6)(a) is amended by adding "and the reasons for proceeding with the by-law despite the objections" after "by-law".

41(2)   Subsection 236.1(7) is replaced with the following:

Meaning of "city planning records"

236.1(7)   In this section, "city planning records" includes the following in respect of a proposed zoning by-law:

(a) the application, if any, along with supporting materials filed by the applicant;

(b) the minutes of the hearing conducted by the designated committee of council respecting the proposed by-law, the record of all submissions made at the hearing and each written submission filed before or at the hearing;

(c) supporting materials filed with the designated committee of council before or at the hearing;

(d) objections to the proposed by-law filed with the city;

(e) the designated committee of council's report to council and the written decision of council with reasons;

(f) any other documents relevant to the matter.

Referral to Municipal Board

236.1(7.1)   If the city receives sufficient objections within 14 days after the day the notice is given, the city must, before council gives second reading to the proposed by-law,

(a) refer the proposed by-law to The Municipal Board together with copies of the relevant city planning records; and

(b) within 14 days after the referral under clause (a), give notice of the following to every person who made submissions respecting the proposed by-law or who filed with the city an objection to the proposed by-law:

(i) the referral,

(ii) that The Municipal Board's report, with recommendations, to council in respect of the proposed by-law will be published on The Municipal Board's website.

Review of by-law

236.1(7.2)   If a proposed zoning by-law is referred to The Municipal Board, the board must, within 120 days after the referral,

(a) conduct a review based on the city planning records; and

(b) submit a report, with recommendations, in respect of the by-law to council and provide a copy to the minister at the same time.

41(3)   Subsection 236.1(8) is replaced with the following:

Scope of review

236.1(8)   A review under this section is not subject to subsection 15(3) of The Municipal Board Act. Despite any rules adopted by The Municipal Board, the board must not hold a hearing or receive new evidence or submissions.

Preparation of report

236.1(8.1)   In preparing the report under this section, The Municipal Board's considerations must be limited to

(a) the city planning records; and

(b) council's stated reasons for proceeding with the proposed by-law despite the objections.

Publication of report

236.1(8.2)   The Municipal Board must publish the report, with recommendations, on its website within seven days after submitting the report to council.

41(4)   Subsection 236.1(9) is replaced with the following:

Council consideration of report

236.1(9)   Council must not pass a proposed zoning by-law that has been referred to The Municipal Board unless council has considered the recommendations that the board has made in its report to council in respect of the by-law.

42   Clause 246(3)(b) is repealed.

43   Section 246.1 is repealed.

44(1)   The following is added before subsection 270(1):

Meaning of "city planning records"

270(0.1)   In this section, "city planning records" has the same meaning as in subsection 236.1(7), except in respect of a proposed secondary plan by-law.

44(2)   Subsection 270(1) is amended, in the part after clause (b), by adding "together with copies of the relevant city planning records" at the end.

44(3)   Subsection 270(2) is replaced with the following:

Hearing by Municipal Board

270(2)   Subject to subsection 24(3.2) of The Municipal Board Act, The Municipal Board must hold a hearing within 120 days after receiving an objection.

Notice of hearing

270(2.1)   At least 14 days before the hearing, The Municipal Board must give notice of the hearing to

(a) the applicant, if any;

(b) council;

(c) the Capital Planning Region;

(d) the minister;

(e) every person who made submissions at the hearing conducted by the designated committee of council respecting the proposed by-law; and

(f) every person who filed with the city an objection to the proposed by-law.

Scope of hearing

270(2.2)   A hearing under this section is not subject to subsection 15(3) of The Municipal Board Act. The Municipal Board must not receive submissions from any person who is not entitled to receive notice of the hearing.

44(4)   Subsection 270(3) is replaced with the following:

Order

270(3)   The Municipal Board must, within 60 days after the hearing is concluded, make an order

(a) confirming or refusing to confirm the proposed secondary plan by-law or any part of it; or

(b) directing council to alter the proposed by-law in the manner The Municipal Board specifies to address any submissions on the objection made at the hearing.

The order may be subject to any terms or conditions that The Municipal Board considers advisable.

Notice of decision

270(4)   The Municipal Board must send a copy of the order to the following:

(a) the applicant, if any;

(b) council;

(c) the Capital Planning Region;

(d) the minister;

(e) every person who made submissions at the hearing held under subsection (2);

(f) every person who filed with the city an objection to the proposed by-law.

Decision not subject to appeal

270(5)   The decision of The Municipal Board is final and not subject to appeal.

Requirement for passing by-law

270(6)   Council must not pass the proposed secondary plan by-law unless

(a) The Municipal Board makes an order under clause (3)(a) confirming the parts of the by-law that were the subject of the objection; or

(b) council complies with the order of The Municipal Board under clause (3)(b) (alteration of by-law).

45   The following is added after section 272 as part of Division 3:

Application — sufficient objections

272.1   For certainty, when the city must refer a proposed zoning by-law to The Municipal Board under both subsections 236.1(7.1) and 270(1), section 236.1 no longer applies and the city must follow the procedure set out in section 270.

46   Clause 276(c) is amended by adding "or The Municipal Board" at the end.

47   The following is added after section 276.1 and before the centred heading that follows it:

Notice for written submissions

276.2   If this Part requires a notice to be given to a person who made a submission before or at a hearing and a written submission was made at the hearing on behalf of more than one person, notice is deemed to have been given if the notice is sent to one of those persons.

48   Subsection 278(3) is amended by striking out "Where a hearing body holds a combined hearing, the hearing body" and substituting "Where a hearing body or The Municipal Board holds a combined hearing, the hearing body or the board".

49(1)   Subsection 282.1(2) is replaced with the following:

No appeal if Municipal Board recommendations considered

282.1(2)   Despite subsection (1), no appeal may be made in respect of a zoning by-law, or a condition imposed in respect of that by-law, when The Municipal Board's recommendations in its report on the by-law have been considered by council in accordance with subsection 236.1(9).

49(2)   Clause 282.1(5)(a) is amended, in the part before subclause (i), by striking out "give" and substituting "at least 14 days before the hearing, give".

50   Subsections 282.2(4) and (5) are repealed.

PART 3

TRANSITIONAL AND COMING INTO FORCE

Transitional — prior applications under Planning Act

51(1)   An application made but not completed under The Planning Act before the coming into force of this section is to be dealt with under that Act as if Part 1 of this Act had not come into force.

Transitional — prior applications under City of Winnipeg Charter

51(2)   An application made but not completed under Part 6 of The City of Winnipeg Charter before the coming into force of this section is to be dealt with under that Part as if Part 2 of this Act had not come into force.

Coming into force

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