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S.M. 1986-87, c. 11
An Act to amend The Planning Act
(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Sub-cls. 1(a)(i) to (iv) rep. and sub.
Sub-clauses l(a)(i), (ii), (iii) and (iv) of The Planning Act, being chapter 29 of the Statutes of Manitoba, 1975 (chapter P80 of the Continuing Consolidation of the Statutes of Manitoba) are repealed and the following sub-clauses are substituted therefor:
(i) the minister, or
(ii) the board of a district that is authorized by the minister, or
(iii) the minister responsible for the administration of provincial park lands under The Provincial Park Lands Act;.
Clause 1(y) of the Act is amended
(a) by striking out the figures "74" in the 1st line thereof and substituting therefor the figures "70"; and
(b) by striking out the figures "76(1)" in the 2nd line thereof and substituting therefor the figures "73".
Subsection 14(3) of the Act is amended
(a) by striking out the word "shall" in the 2nd line thereof;
(b) by adding thereto, immediately before the word "consult" in clause (a) thereof, the word "may"; and
(c) by adding thereto, immediately before the word "after" in the 1st line of clause (b) thereof, the word "shall".
Section 24 of the Act is amended by adding thereto, immediately after subsection (4) thereof, the following subsection:
Where the board of a district 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.
Clause 27(4)(a) of the Act is amended by adding thereto, immediately after sub-clause (xiii) thereof, the following sub-clause:
(xiv) the fiscal capacity of the municipality to support the planned development.
Clause 27(4)(d) of the Act is repealed.
Subsecs. 31(7) and (8) rep. and sub.
Subsections 31(7) and 31(8) of the Act are repealed and the following subsection is substituted therefor:
The board or council, on receipt of representations referred to in subsections (4) and (5) may
(a) give second reading to the by-law; or
(b) alter the plan and give further notice and hold a meeting in accordance with subsections (l) to (6) before giving second reading to the bylaw; or
(c) alter the plan and give second reading to the by-law where the board or council is of the opinion that the alteration does not change the intent of the plan.
Section 31.1 of the Act is amended by adding thereto, immediately after the word "plan" in the 2nd line thereof, the words "or a basic planning statement".
Subsection 32(16) of the Act is repealed and the following subsection is substituted therefor:
Existing development plans revoked.
Upon the approval of a district development plan, all previously existing municipal development plans or basic planning statements applicable to or affecting that district are automatically revoked.
Subsection 34(2) of the Act is amended (a) by striking out the words " proceed to" in the 2nd line thereof; and
(b) by striking out the figure "6" in clause (a) thereof and substituting therefor the figures "12".
Subsection 34.1(2) of the Act is repealed.
Subsection 45(1) of the Act is repealed and the following subsection is substituted therefor:
Where council has not, within the time specified in a notice given in accordance with clause 44(2)(c) and subsection 44(4), received a copy of any further objection filed with The Municipal Board or the board of a district in accordance with subsection 44(2), the council may give third reading to the by-law, and if third reading is given the council shall
(a) send a copy of the by-law to the minister; and
(b) by regular mail send to every person who made or filed an objection to the by-law, a notice stating that the council has given third reading to the by-law.
Subsection 46(4.1) of the Act is amended by adding thereto, immediately after the word "board" in the 4th line thereof, the words "and if third reading is given shall send a copy of the by-law to the minister and shall send by regular mail a notice to all persons who were given a notice in accordance with clause 44(2)(c) stating that council has given third reading to the by-law".
Subsection 48(1) of the Act is amended
(a) by adding thereto, immediately after the word "with" in the 6th line thereof, the words "any one or more of the following matters: ";
(b) by striking out the word "and" at the end of clause (g) thereof; and
(c) by striking out clause (h) thereof, and substituting therefor, the following 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.
Sections 60 to 79 of the Act are repealed and the following sections are substituted therefor:
Restriction on registration of certain instruments.
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.
A caveat that is filed contrary to subsection 137(2) of The Real Property Act is void.
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 2 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 1 parish lot in either the inner or the outer 2 miles, or a settlement lot; or
(b) the instrument is a lease of land on which there is a structure commonly known as a shopping centre, or of premises within a structure commonly known as a shopping centre; or
(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-residential purposes where the term of the lease together with the term of any renewal or substitution thereof does not exceed 10 years; or
(e) land is being acquired or disposed of by Her Majesty in right of Canada, Her Majesty in right of Manitoba 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 section 272 of 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; or
(g) land is subject to an agreement for sale and purchase or other equitable disposition in writing entered into prior to the 1st day of January, 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.
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.
The expression "settlement lot" used in sub-clause (3)(a)(v) does not include a woodlot.
Contiguity of land described in title.
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.
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.
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 or planning scheme.
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 or planning scheme in force at the time of the acquisition.
Agreement, etc., contravening control.
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.
A plan prepared and filed in the Land Titles Office pursuant to section 121 of The Real Property Act after this Part comes into operation, is not a registered plan of subdivision within the meaning of this Part.
In this section "land" does not include mines and minerals.
Application for subdivision approval.
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.
The approving authority shall, in accordance with the regulations refer the application to the relevant agencies and thereafter submit a copy of the application to the council of the municipality within which the affected land is situated.
Where the council of a municipality 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.
Notwithstanding section 120 of 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.
Where the land proposed to be subdivided is not subject to any existing development plan, basic planning statement or planning scheme, the council shall, before passing the resolution under subsection (1) give notice of, and hear any representations with respect to, the application for subdivision in accordance with subsections (4) and (5).
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; and
(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.
The notice referred to in subsection (4) shall contain a description of the land to which the proposed subdivision applies, and shall be given by personally serving or mailing a copy thereof, not later than 14 days before the day fixed for the hearing, to
(a) the owners, as shown on the most recent assessment rolls of the relevant municipality, of land within 300 feet of the land proposed to be subdivided;
(b) any municipality within 300 feet of the land proposed to be subdivided;
(c) the district board, if any;
(d) the applicant; and
(e) the approving authority.
Rejection of subdivision by approving authority.
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.
Conditional approval or rejection of subdivision by approving authority.
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.
Service of notice of decision.
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.
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.
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 or any other person within 6 months from the date of the rejection by the approving authority of the application for subdivision of that land.
Where conditions are fulfilled.
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.
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.
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.
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.
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).
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 52(2), (3) and (4) apply, mutatis mutandis.
A revocation under subsection (1) is final and not subject to appeal.
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, postage prepaid, 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.
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; and
(c) the name and address of the appellant.
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.
Where an appeal is filed with The Municipal Board, under subsection (1) The Municipal Board shall hold a hearing de novo, notice of which shall be given to the minister, the applicant, the approving authority, the council, the district board, if any, and to such other persons and in such manner as The Municipal Board may determine.
Any person authorized by the minister or the approving authority may appear before The Municipal Board at all hearings concerning the appeal and that person has the right of a party to the appeal to submit evidence and present argument.
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.
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 district board, if any;
(e) the minister; and
(f) any other person who was a party to the appeal.
Issuance of certificate after appeal.
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.
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.
A subdivision of land shall not be approved unless
(a) the proposed subdivision, subject to subsections 90(1) and (1.1), conforms with any provincial land use policy, development plan, basic planning statement, zoning by-law, planning scheme 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.
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 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 subsections 90(1) and (1.1), any provincial land use policy, development plan, basic planning statement, zoning by-law and planning scheme.
(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 or planning scheme 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 1 acre for each 100 persons 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 10 acres,
(iii) required for school purposes in an amount not exceeding 1 acre for each 100 persons 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, basic planning statement 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 or planning scheme be amended.
Payment in lieu of dedication.
Where council is of the opinion that dedication of land under sub-clause 70(f)(ii) or (iii) would be unnecessary or undesirable, the 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.
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 52(4) applies, mutatis mutandis.
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.
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).
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.
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 reserves.
Land designated as a public reserve, whether in the name of the municipality or the Crown in right of Manitoba, may be closed by bylaw of the municipality; but the by-law has no effect until approved by the minister.
Disposal of land dedicated pursuant to a condition.
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 of intention to dispose of public reserve land and hearing.
Where the council of a municipality proposes to dispose of public reserve land, 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.
Disposal of land conveyed as school site.
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.
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.
By-laws establishing general levies.
The council of a municipality may pass a by-law prescribing and regulating the fees and charges to be paid by an applicant for subdivision approval in respect of technical, administrative, professional, consultative or other services required by the municipality 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.
The council of a municipality may pass a by-law prescribing the scale of levies to be paid by an applicant for subdivision 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.
Where the council of a municipality passes a by-law in accordance with subsection (2), it shall establish a reserve fund pursuant to section 568 of The Municipal Act and all levies received shall be transferred to such reserve funds.
Obsolete plans of subdivision.
The council of a municipality may by by-law declare any plan of subdivision, or any part thereof, within the municipality, that has been registered for 8 years or more, not to be a registered plan of subdivision for the purposes of this Part.
Notice and filing in land titles office.
Forthwith after giving first reading to a by-law for the purpose of subsection (1), council shall send notice of the first reading by registered or certified mail to each person appearing by the assessment roll of the municipality to be the owner of the land to which the proposed by-law applies, to the address shown on the assessment roll, and shall register a certified copy or duplicate of the proposed by-law in the land titles office.
The mailing of notices to the addresses shown in the assessment roll shall be deemed to be sufficient notice notwithstanding errors or omissions in the assessment roll.
Following registration in the land titles office of the proposed by-law to which first reading was given for the purpose of subsection (1), 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.
The notice referred to in subsection (2) shall describe the effect of the proposed by-law and of the registration in the land titles office under subsection (4) and shall state that on the date, time and place stated therein a meeting will be held to receive representations and objections with respect to the proposed by-law.
On the date, time and place stated in the notice, the council shall hold a meeting to receive representations and objections.
After the meeting 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 (2) 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, notwithstanding the provisions of section 120 of The Municipal Act.
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 (4) 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.
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 (4) 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.
Application for order cancelling plans.
For the purpose of facilitating the physical development of any part of a municipality, the 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.
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 112(3) (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.
Where an application is made pursuant to subsection (1), subsection 95(4) and sections 96 to 103 of The Municipal Board Act apply mutatis mutandis.
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.
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 such regulations and orders, not inconsistent with any other provisions of this Act
(a) prescribing areas within the province to which the regulations do not apply;
(b) prescribing the procedure to be followed by applicants, the council of a municipality, the approving authority, the board of a planning district and other interested parties respecting an application for subdivision approval;
(c) prescribing the contents of all maps and other documents which are required to be filed or submitted respecting an application for subdivision approval;
(d) prescribing the 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 standards for the design of the subdivision, streets, lanes, public reserves, lots, blocks and other units of land, the permissible minimum widths and maximum grades of streets and lanes, and the provision of service streets in proposed subdivisions abutting on controlled access highways;
(g) prescribing those provisions of the regulations which may be waived or varied where they are unreasonable or impracticable.
Prescribing forms by minister.
For the purpose of carrying out the provisions of this Part according to its intent, the minister may prescribe the form of any documents.
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.
Subsection 90(1) of the Act is repealed and the following subsections are substituted therefor:
Where land use policies do not apply.
The provincial land use policies do not apply where a development plan or a basic planning statement has been approved in accordance with this Act.
Where planning scheme provisions do not prevail.
Where a conflict arises between the provisions of
(a) provincial land use policies and a planning scheme, the provisions of the provincial land use policies prevail;
(b) a development plan and a planning scheme, the provisions of the development plan prevail; and
(c) a basic planning statement and a planning scheme, the provisions of the basic planning statement prevail.
Clause 101(e) of the Act is amended by striking out therefrom the figures and word "69 and 72" and substituting therefor the figures and word "66 and 68".
Clause 103(1)(g) of the Act is amended by striking out therefrom the words and figures "sections 48, 63 or 63.1" and substituting therefor the words and figures "section 48 or clause 70(d)".
Subsection 103(6) of the Act is amended by striking out the figures and word "72(3) and (4)" in the 2nd line thereof and substituting therefor the figures and word "68(4) and (5)".
Subsection 103(7) of the Act is amended by striking out the figures "72(6)" in the 1st line thereof and substituting therefor the figures "68(6)".
This Act comes into force on a day fixed by proclamation.