The City of Winnipeg Charter Amendment and Planning Amendment Act

This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

S.M. 2022, c. 27

Bill 34, 4th Session, 42nd Legislature

The City of Winnipeg Charter Amendment and Planning Amendment Act

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The City of Winnipeg Charter and The Planning Act.

The key changes to The City of Winnipeg Charter are as follows.

Individuals who are not employees of the city may be appointed to act as inspectors and issue orders to remedy contraventions.

The city may serve certain compliance orders and demolition orders by substitutional service, as directed by the district registrar for the Winnipeg Land Titles Office, if it is not reasonably possible to serve the order personally.

The city may now require secondary plans to be prepared and submitted by a property owner before certain applications made by the owner for adoption, or amendment to, a zoning by-law or approval of a plan of subdivision are considered.

Timelines for planning appeals are clarified and may be extended with the agreement of the applicant.

The manner for giving notice of public hearings concerning development applications is updated.

The key changes to The Planning Act are as follows.

Timelines for application processing and planning appeals are clarified and may be extended with the agreement of the applicant.

The deadline for appeal to The Municipal Board is changed from 30 days to 14 days for appeals concerning subdivisions, aggregate quarries and large-scale livestock operations.

The expiry date of an approved variance may be extended for up to three years.

Consequential amendments are made to The Planning Amendment and City of Winnipeg Charter Amendment Act (unproclaimed) and The CentrePort Canada Act.

(Assented to June 1, 2022)

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

PART 1

THE CITY OF WINNIPEG CHARTER

S.M. 2002 c. 39 amended

1

The City of Winnipeg Charter is amended by this Part.

2

Section 1 is amended

(a) by adding the following definitions:

"designated official", when used in a provision of this Act, means an individual appointed or designated by council to carry out

(a) a responsibility under that provision, or

(b) a responsibility in respect of a by-law to which reference is made in that provision; (« agent désigné »)

"development plan" means the plan adopted by council under section 224 for development in the city; (« plan d'aménagement »)

"development plan by-law" means a by-law passed under Part 6

(a) to adopt, re-adopt, replace or amend the development plan, or

(b) to amend a by-law referred to in clause (a); (« règlement municipal sur le plan d'aménagement »)

"secondary plan" means a land use plan for a specific neighbourhood, district or area of the city adopted under subsection 234.7(2); (« plan secondaire »)

(b) by replacing the definition "secondary plan by-law" with the following:

"secondary plan by-law" means a by-law passed under Part 6

(a) to adopt, re-adopt, replace or amend a secondary plan, or

(b) to amend a by-law referred to in clause (a); (« règlement municipal sur un plan secondaire »)

(c) by repealing the definition "Plan Winnipeg by-law".

3

Subsection 116(1) is amended, in the part before clause (a), by adding "individual or" after "or other".

4

Section 120 is renumbered as subsection 120(1) and the following is added as subsection 120(2):

Application — designated officials

120(2)

Clauses (1)(b) and (c) apply with necessary changes to an order issued by a designated official.

5(1)

Subsection 180(1) is amended, in the part before clause (a), by adding "or designated official" after "designated employee".

5(2)

Subsection 180(2) is replaced with the following:

Identification

180(2)

A designated employee or designated official exercising any authority under subsection (1) or section 182 must, upon request, display or produce identification showing that they have been designated as an employee or official who may exercise that authority.

6

Section 181 is amended by adding "or designated official" after "designated employee".

7(1)

Subsection 182(1) is amended, in the part before clause (a), by adding "or designated officials" after "designated employees".

7(2)

Subsection 182(3) is replaced with the following:

Appointment lapses

182(3)

A by-law appointing a designated employee or designated official under subsection (1) expires one year after it is passed, but council may by by-law re-appoint the employee or individual.

7(3)

Subsections 182(4) and (5) are amended by adding "or designated official" after "designated employee".

8

Subsection 184(1) is amended by adding "or designated official" after "designated employee".

9(1)

Clause 185(3)(b) is replaced with the following:

(b) subject to subsection (4), the order is served on the owner of the building or structure personally.

9(2)

The following is added after subsection 185(3):

Substitutional service

185(4)

If the city has been unable to effect personal service of an order under clause (3)(b) after having made reasonable attempts to do so, the district registrar may, on application made by a designated employee, grant an order of substitutional service of the order.

Compliance with order for substitutional service

185(5)

Proof of compliance with an order of substitutional service under subsection (4) is deemed to be proof of service of the order on the person served.

10

Subclause 189(1)(b)(ii) is amended by adding "or designated official" after "designated employee".

11

The centred heading "PLAN WINNIPEG" before section 224 is replaced with "DEVELOPMENT PLAN".

12

Section 224 is amended by replacing everything before clause (a) with the following:

Adoption of the city development plan

224

Council must, by by-law, adopt a development plan, in this Act referred to as the "development plan", which must set out

13

Subsection 225(3) of the French version is amended

(a) in the section heading, by striking out "rejet" and substituting "refus"; and

(b) in the part before clause (a), by striking out "rejetée" and substituting "refusée".

14

The centred heading before section 227 is replaced with "DEVELOPMENT PLAN BY-LAW".

15

The centred heading "Council" is added before section 234.

16

Subsections 234(2) and (3) are repealed.

17

The following is added as sections 234.1 to 234.8:

Owners of Real Property

Definition

234.1

In this section and sections 234.2 to 234.8, "designated application" means an application made by the owner of real property that is the subject of the application for

(a) the adoption of, or an amendment to, a zoning by-law; or

(b) the approval of a plan of subdivision.

By-law for submission of secondary plans

234.2(1)

Council may by by-law establish criteria for determining when, in respect of a designated application, an owner of real property must prepare and submit a proposed secondary plan to the city.

Additional matters by-law must address

234.2(2)

A by-law under subsection (1) must

(a) specify the manner for determining the appropriate boundaries of the neighbourhood, district or area to be subject to a proposed secondary plan submitted by an owner of real property;

(b) set out maps to be included and the statements of objectives and issues that a proposed secondary plan submitted by an owner of real property must address;

(c) specify the format to be used for a proposed secondary plan submitted by an owner of real property; and

(d) set out the criteria to be used for determining when a proposed secondary plan submitted by an owner of real property is sufficiently complete and ready for further consideration.

Preparation of plan

234.2(3)

An owner of real property must ensure that

(a) the proposed secondary plan is prepared with the assistance of an individual who is a registered professional planner within the meaning of The Registered Professional Planners Act; and

(b) the registered professional planner consults with the city in the preparation of the plan.

Determining if secondary plan required

234.3(1)

Within 20 days after the city receives the designated application, a designated employee must

(a) determine if a proposed secondary plan is required to be submitted by the owner of real property in respect of the application, in accordance with the criteria set out in the by-law for submission of secondary plans; and

(b) give written notice of the determination to the owner of real property by ordinary mail.

Failure to make determination in timely manner

234.3(2)

In respect of a designated application, the city must not require a proposed secondary plan to be submitted by the owner of real property if the designated employee fails to give notice within the time period specified in subsection (1).

Secondary plan may be required only by by-law

234.3(3)

The city must not require an owner of real property to submit a proposed secondary plan unless one is required under a by-law adopted under subsection 234.2(1).

Determining if plan sufficient

234.4(1)

A designated employee must

(a) give the owner of real property notice by ordinary mail of the date that the city received the proposed secondary plan submitted by the owner of real property in respect of a designated application; and

(b) within 20 days after the plan is received by the city,

(i) determine if the plan meets the requirements set out in the by-law for submission of secondary plans, and

(ii) give notice of the determination to the owner of real property by ordinary mail.

If application does not comply with by-law

234.4(2)

If the designated employee determines the owner's plan does not meet the requirements of the by-law for submission of secondary plans, the designated employee must provide reasons for the determination in the notice sent under subsection (1).

Amended plan submitted

234.4(3)

If an amended plan is submitted as a result of a determination under subsection (2), this section applies to the amended plan.

Extension by agreement

234.5

Despite subsection 234.3(1) and clause 234.4(1)(b), the time periods referred to in those sections may be extended by an agreement in writing between the owner of real property and the city.

Appeals

234.6

A decision of a designated employee under clause 234.3(1)(a) or subclause 234.4(1)(b)(i) may be appealed to The Municipal Board in accordance with section 282.1.

Approval Process

Requirements for secondary plans

234.7(1)

A secondary plan must be adopted or amended by by-law and be consistent with the development plan.

Initiation of new or amended secondary plan

234.7(2)

The adoption of, or amendment to, a secondary plan may be initiated by

(a) council; or

(b) an application filed with a designated employee by an owner of real property.

Adoption and amendment process

234.7(3)

A secondary plan by-law or an amendment to a secondary plan by-law is subject to the same adoption and approval process required for a zoning by-law or an amendment to a zoning by-law under this Part.

Secondary plans previously adopted

234.8

Despite subsection 54(2) and section 234 as section 234 read immediately before the coming into force of this provision, a secondary plan adopted before the coming into force of this provision is not invalid solely because it was adopted by a resolution of council.

18(1)

Subsection 236(1) of the French version is amended by striking out "peut adopter" and substituting "adopte".

18(2)

The following is added after subsection 236(1):

General requirements

236(1.1)

A zoning by-law must be consistent with the development plan by-law and any applicable secondary plan by-law.

19

The centred heading before section 245 is replaced with "DEVELOPMENT PERMITS".

20

The following is added after the centred heading "DEVELOPMENT PERMITS" as section 244.1:

Development permit required

244.1

No development may take place unless

(a) a development permit has been issued in accordance with the applicable zoning by-law; and

(b) the development complies with the permit.

21

Section 245 is amended by striking out "permit" wherever it occurs and substituting "development permit", with necessary grammatical changes.

22(1)

Section 246 is amended by striking out "permit" wherever it occurs and substituting "development permit".

22(2)

The section heading for subsection 246(1) of the French version is replaced with "Délai dans la délivrance du permis d'aménagement".

22(3)

Clause 246(1.1)(a) is replaced with the following:

(a) the city must send the owner of real property confirmation of the date that the city received the application, by ordinary mail; and

22(4)

Subsection 246(1.2) is amended

(a) in the French version, by replacing the section heading with "Demande complète — critères"; and

(b) by striking out "documents" and substituting "documents, fees".

22(5)

The following is added after subsection 246(1.2):

If application is incomplete

246(1.2.1)    If the designated employee determines under subsection (1.2) that the application is incomplete, the city must give the owner of real property written notice, by ordinary mail, that identifies any missing documents, fees or other information.

22(6)

Subclause 246(2)(b)(i) is amended by striking out "proposed under section 234" and substituting "initiated under section 234.7".

23

Section 246.1 is amended by striking out "permit" wherever it occurs and substituting "development permit".

24

Clause 274(2)(b) is amended by striking out "subsection 234(3)" and substituting "subsection 234.7(2)".

25(1)

Subsection 275(1) is amended

(a) in the section heading, by striking out "proposals" and substituting "applications"; and

(b) by repealing clause (a).

25(2)

The following is added after subsection 275(1):

Development application process

275(1.1)

In respect of an application under subsection (1),

(a) the city must send the owner of the real property confirmation of the date that the city received the application, by ordinary mail; and

(b) a designated employee must, within 20 days after the application is received, determine if the application is complete.

If application is complete

275(1.2)

An application is complete if, in the opinion of the designated employee, the application contains the documents, fees and other information necessary to review the application.

If application is incomplete

275(1.3)

If the designated employee determines under subsection (1.2) that the application is incomplete, the city must give the owner of the real property written notice, by ordinary mail, that identifies any missing documents, fees or other information.

Extension by agreement

275(1.4)

The time period referred to in clause (1.1)(b) may be extended by an agreement in writing between the owner of the real property and the city.

Applications to be forwarded

275(1.5)

As soon as reasonably practicable after determining an application is complete, the designated employee must forward the application for a decision or hearing in accordance with this Part.

Secondary plan affects pending application

275(1.6)

If proceeding with an application under subsection (1) requires consideration to be given to adopting or amending a secondary plan by-law, the 20-day time period in clause (1.1)(b) runs from the later of the following:

(a) the day council passes or rejects the secondary plan by-law;

(b) if council's decision respecting the secondary plan by-law is appealed to The Municipal Board,

(i) the day on which The Municipal Board makes its order under subsection 282.1(9), or

(ii) if The Municipal Board's decision is appealed under section 495, the day on which the judge hearing the appeal has made a decision, and all appeals from that decision have been exhausted or the time period for filing all appeals has expired.

25(3)

Subsection 275(2) is amended

(a) in the section heading, by striking out "Rejection" and substituting "Refusal"; and

(b) in clause (b), by striking out "rejected" and substituting "refused".

25(4)

Subsection 275(3) is amended

(a) in the section heading of the English version, by striking out "rejection" and substituting "refusal"; and

(b) by striking out "A refusal" and substituting "A decision of a designated employee under subsection (1.3) and a refusal".

26

Section 277 is replaced with the following:

Notices of hearings

277(1)

Unless otherwise provided, where under this Part a notice of a hearing is required to be given,

(a) the notice must be given

(i) by publishing the notice of the hearing in one issue of a newspaper on two occasions at least 6 days apart during the period beginning 40 days before the hearing and ending 7 days before the hearing, or

(ii) by posting the notice prominently on the website of the newspaper for at least 14 days before the hearing;

(b) at least 27 days before the hearing, a copy of the notice must be sent to the applicant, if there is one; and

(c) in the case of a hearing respecting a development plan by-law, a secondary plan by-law or a zoning by-law, at least 27 days before the hearing, a copy of the notice must be sent to

(i) any municipality, or the board of any planning district established under The Planning Act, any part of which is within 1 km of any real property in respect of which the hearing is to be conducted, and

(ii) the minister.

Non-application

277(2)

Subsection (1) does not apply to a hearing conducted by The Municipal Board under subsection 230(1) (hearing by Municipal Board) or 270(2) (hearing by Municipal Board) or an appeal under section 282.1 or 282.2 (appeals to Municipal Board).

27

Clauses 278(1)(b) and (c) are replaced with the following:

(b) the adoption of, or amendment to, a secondary plan;

(c) the adoption of, or amendment to, a zoning by-law;

28

Subsection 282.1(1) is amended

(a) in the part before clause (a), by striking out "subsection 275(1)" and substituting "this Part";

(b) in clause (a), by striking out "refusal or";

(c) in clause (b), by striking out "refusal" and substituting "rejection";

(d) in clause (c), by striking out "refusal to" and substituting "rejection of an application for";

(e) by adding the following after clause (d):

(d.1) a decision to refuse an application for a development permit for a proposed development as not conforming to the development plan by-law, a secondary plan by-law or a zoning by-law;

(d.2) a decision to refuse an application for a development permit for a proposed development as not conforming to the regional planning by-law of the Capital Planning Region;

(f) by replacing clause (f) with the following:

(f) a decision of a designated employee that an application is incomplete under the following provisions or otherwise:

(i) clause 234.3(1)(a),

(ii) clause 234.4(1)(b),

(iii) subsection 275(1.3).

29(1)

Subsection 282.2(1) is amended

(a) by replacing everything before clause (a) with the following:

Appeals concerning failing to proceed

282.2(1)

Subject to subsections (1.1), (1.2) and (2), if the following matters are not decided within the period that is specified, an applicant may consider the application to have been rejected and may appeal the rejection to The Municipal Board under section 282.1:

(b) in clause (a), by striking out "for an amendment to" and substituting "respecting"; and

(c) in subclause (b)(ii) of the English version, by adding "after the completed application is received by the city" after "150 days".

29(2)

The following is added after subsection 282.2(1):

Extension by agreement

282.2(1.1)

 The time periods referred to in subsection (1) may be extended by an agreement in writing between the applicant and the city.

Determining start of time period

282.2(1.2)

 If an application under subsection 275(1) requires consideration to be given to adopting or amending a secondary plan by-law, the time period under subsection 282.2(1) for the application runs from the later of the following:

(a) if a proposed secondary plan is submitted by an owner of real property, the day that is 150 days after the owner's complete plan is received by the city;

(b) if council's decision respecting the secondary plan by-law is not appealed to The Municipal Board, the day on which the time period to file a notice of appeal with The Municipal Board under subsection 282.1(3) expires;

(c) if council's decision respecting the secondary plan by-law is appealed to The Municipal Board,

(i) the day on which The Municipal Board makes its order under subsection 282.1(9), or

(ii) if The Municipal Board's decision is appealed under section 495, the day on which the judge hearing the appeal has made a decision, and all appeals from that decision have been exhausted or the time period for filing all appeals has expired.

29(3)

Subsection 282.2(2) is amended

(a) in the part before clause (a), by striking out "The applicant" and substituting "Subject to subsections (1.1) and (1.2), the applicant"; and

(b) by replacing clause (b) with the following:

(b) subject to any extensions that apply, the longest applicable time period in subsection (1) expires without a decision and 30 days have passed.

29(4)

Subsection 282.2(3) is amended by striking out "applicable time period set out in clauses (1)(a) to (g)" and substituting "applicable time period determined under subsection (1), (1.1), (1.2) or (2)".

30

Subsection 366(1) is replaced with the following:

Building not to be removed if taxes unpaid

366(1)

A designated employee may refuse to approve an application to remove a building from land on which it is situated if taxes on the building or land, or any related penalties, are unpaid.

31

Clause 495(1)(b) is amended by striking out "section 234" and substituting "section 234.7".

32

The following is added after subsection 520(3):

Audit requirements

520(4)

Despite the requirements under section 322 of the former Act, the trustees need not furnish an audited statement of the assets and liabilities held by them if an audit of the assets and liabilities is included in the annual consolidated financial statement of the city under section 105 of this Act.

33

The provisions of The City of Winnipeg Charter identified in Column 1 of the Schedule to this Act are amended in the manner and to the extent set out opposite them in Columns 2 and 3.

PART 2

THE PLANNING ACT

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

34

The Planning Act is amended by this Part.

35

Subsection 10(2) is amended by striking out "Plan Winnipeg" and substituting "the development plan for the City of Winnipeg".

36

Subsection 12(5) of the French version is amended

(a) in clause (c), by striking out "ou le refus" and substituting ", le refus ou le rejet"; and

(b) in clause (h), by striking out "ou leur refus" and substituting ", leur refus ou leur rejet".

37

Subsection 56(2) of the French version is amended

(a) in the section heading, by striking out "Rejet" and substituting "Refus";

(b) in the part before clause (a), by striking out "rejetée" and substituting "refusée"; and

(c) in clause (b), by striking out "rejetée" and substituting "refusée".

38(1)

Subsection 80(2) of the French version is amended

(a) in the section heading, by striking out "Rejet" and substituting "Refus";

(b) in the part before clause (a), by striking out "rejetée" and substituting "refusée"; and

(c) in clause (c), by striking out "rejetée" and substituting "refusée".

38(2)

The following is added after subsection 80(2):

Application process

80(2.1)

In respect of an application for an amendment to a zoning by-law under clause (1)(b), the board or council must

(a) send the applicant confirmation of the date that the board or council received the application; and

(b) within 20 days after the application is received, determine if the application is complete.

If application is complete

80(2.2)

An application is complete if, in the opinion of the board or council, the application contains the documents, fees and other information necessary to review the application.

If application is incomplete

80(2.3)

If the board or council determines under subsection (2.2) that the application is incomplete, the board or council must give the applicant notice that identifies any missing documents, fees or other information.

Extension by agreement

80(2.4)

The time period referred to in clause (2.1)(b) may be extended by an agreement in writing between the applicant and the board or council.

39(1)

Subsection 82.1(1) is amended, in the section heading, by striking out "refusal" and substituting "refusal, rejection".

39(2)

Subsection 82.1(2) is amended

(a) in the part before clause (a), by striking out "In respect of" and substituting "Subject to subsection (2.1), in respect of"; and

(b) in clause (a), by striking out "after the application is made" and substituting "after the complete application is received by the board or council".

39(3)

The following is added after subsection 82.1(2):

Extension by agreement

82.1(2.1)

The time periods referred to in subsection (2) may be extended by an agreement in writing between the applicant and the board or council.

40

The following is added after subsection 94(3):

Application process

94(3.1)

In respect of an application for a variance under subsection (1), the board or council must

(a) send the applicant confirmation of the date that the board or council received the application; and

(b) within 20 days after the application is received, determine if the application is complete.

If application is complete

94(3.2)

An application is complete if, in the opinion of the board or council, the application contains the documents, fees and other information necessary to review the application.

If application is incomplete

94(3.3)

If the board or council determines under subsection (3.2) that the application is incomplete, the board or council must give the applicant notice that identifies any missing documents, fees or other information.

Extension by agreement

94(3.4)

The time period referred to in clause (3.1)(b) may be extended by an agreement in writing between the applicant and the board or council.

41

Subsection 101(2) is replaced with the following:

Extending approval deadline

101(2)

A board, council or planning commission may extend the deadline under subsection (1)

(a) for a period of not longer than 12 months if an application is received before the expiry of the original deadline; and

(b) for a second period of not longer than 12 months if an application is received before the expiry of the first extension.

42

The following is added after subsection 103(4):

Application process

103(4.1)

In respect of an application for approval of a conditional use under subsection (2), the board or council must

(a) send the applicant confirmation of the date that the board or council received the application; and

(b) within 20 days after the application is received, determine if the application is complete.

If application is complete

103(4.2)

An application is complete if, in the opinion of the board or council, the application contains the documents, fees and other information necessary to review the application.

If application is incomplete

103(4.3)

If the board or council determines under subsection (4.2) that the application is incomplete, the board or council must give the applicant notice that identifies any missing documents, fees or other information.

Extension by agreement

103(4.4)

The time period referred to in clause (4.1)(b) may be extended by an agreement in writing between the applicant and the board or council.

43

Subsection 118.2(2) is amended, in the part before clause (a), by striking out "30 days" and substituting "14 days".

44

The following is added after subsection 124(1):

Application process

124(1.1)

In respect of an application for subdivision approval under subsection (1), the approving authority must

(a) send the applicant confirmation of the date that the approving authority received the application; and

(b) within 20 days after the application is received, determine if the application is complete.

If application is complete

124(1.2)

An application is complete if, in the opinion of the approving authority, the application contains the documents, fees and other information necessary to review the application.

If application is incomplete

124(1.3)

If the approving authority determines under subsection (1.2) that the application is incomplete, the approving authority must give the applicant notice that identifies any missing documents, fees or other information.

Extension by agreement

124(1.4)

The time period referred to in clause (1.1)(b) may be extended by an agreement in writing between the applicant and the approving authority.

45(1)

Subsection 125(4.1) is amended

(a) by striking out "For" and substituting "Subject to subsection (4.2), for"; and

(b) by striking out "it" and substituting "the complete application".

45(2)

The following is added after subsection 125(4.1):

Extension by agreement

125(4.2)

The time period referred to in subsection (4.1) may be extended by an agreement in writing between the applicant and the council.

46(1)

Section 125.3 is amended

(a) by renumbering it as subsection 125.3(1); and

(b) by striking out "For" and substituting "Subject to subsection (2), for".

46(2)

The following is added as subsection 125.3(2):

Extension by agreement

125.3(2)

The time period referred to in subsection (1) may be extended by an agreement in writing between the applicant and the council.

47

Clause 129(3)(a), in the part before subclause (i), and clause (b) are amended by striking out "30 days" and substituting "14 days".

48(1)

Subsection 147(3) is replaced with the following:

Application process

147(3)

In respect of an application for a development permit under subsection (2), a designated employee or officer of a planning district or municipality must

(a) send the applicant confirmation of the date that the planning district or municipality received the application; and

(b) within 20 days after the application is received, determine if the application is complete.

48(2)

Subsection 147(4) is amended

(a) in the French version, by replacing the section heading with "Demande complète — critères"; and

(b) by striking out "documents" and substituting "documents, fees".

48(3)

The following is added after subsection 147(4):

If application is incomplete

147(4.1)

If the designated employee or officer determines under subsection (4) that the application is incomplete, the designated employee or officer must give the applicant notice that identifies any missing documents, fees or other information.

49(1)

Section 151.0.1 is amended

(a) by renumbering it as subsection 151.0.1(1); and

(b) by striking out "If" and substituting "Subject to subsection (2), if".

49(2)

The following is added as subsection 151.0.1(2):

Extension by agreement

151.0.1(2)

 The time period referred to in subsection (1) may be extended by an agreement in writing between the owner of the affected property and the board, council or planning commission.

50

The following is added after subsection 151.0.2(1):

Application process

151.0.2(1.1)    In respect of an application for an amendment to a development agreement under subsection (1), the planning district or municipality must

(a) send the applicant confirmation of the date that the planning district or municipality received the application; and

(b) within 20 days after the application is received, determine if the application is complete.

If application is complete

151.0.2(1.2)    An application is complete if, in the opinion of the planning district or municipality, the application contains the documents, fees and other information necessary to review the application.

If application is incomplete

151.0.2(1.3)    If the planning district or municipality determines under subsection (1.2) that the application is incomplete, the planning district or municipality must give the applicant notice that identifies any missing documents, fees or other information.

Extension by agreement

151.0.2(1.4)    The time period referred to in clause (1.1)(b) may be extended by an agreement in writing between the applicant and the planning district or municipality.

51(1)

Subsection 151.0.3(2) is amended

(a) by striking out "If" and substituting "Subject to subsection (2.1), if"; and

(b) by adding "after the complete application is received by the board or council" after "within 90 days".

51(2)

The following is added after subsection 151.0.3(2):

Extension by agreement

151.0.3(2.1)    The time period referred to in subsection (2) may be extended by an agreement in writing between the applicant and the board or council.

52

Subsection 174(3) is amended

(a) by striking out "If" and substituting "Subject to any extensions that apply, if";

(b) by striking out "within the longest time period applicable" and substituting "within 30 days after the end of the longest time period applicable"; and

(c) by striking out "subsection 82.1(2) or 118.2(1.1)" and substituting "subsection 82.1(2), 118.2(1.1) or 125(4.1)".

PART 3

TRANSITIONAL PROVISIONS AND CONDITIONAL AND
CONSEQUENTIAL AMENDMENTS

Transitional — prior applications under City of Winnipeg Charter

53(1)

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 1 of this Act had not come into force.

Transitional — prior applications under Planning Act

53(2)

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 2 of this Act had not come into force.

S.M. 2021, c. 36 amended before coming into force

54(1)

If section 21 of this Act comes into force before section 58 of The Planning Amendment and City of Winnipeg Charter Amendment Act, S.M. 2021, c. 36, comes into force, then section 58 of that Act is replaced with the following:

58

The following is added after section 240.1 and before the centred heading that follows it:

Development agreement for a development permit

240.1.1(1)

 As a condition of issuing a development permit that authorizes the following developments, the city may require the owner of real property affected by the application to enter into a development agreement with the city respecting the development and any adjacent real property owned or leased by the owner:

(a) a prescribed major development;

(b) a development that requires new construction or expansions of existing sewer and water, waste removal, drainage, public roads, connecting streets, street lighting, sidewalks or traffic control works.

Limitation

240.1.1(2)

 Despite subsection (1), a development agreement under this section must not impose a condition under clause 259(1)(a) or (b).

Regulations

240.1.1(3)

 The minister may make regulations prescribing a development to be a major development for the purpose of clause (1)(a).

54(2)

If section 21 of this Act comes into force before clause 282.2(1)(f), as enacted by section 70 of The Planning Amendment and City of Winnipeg Charter Amendment Act, S.M. 2021, c. 36, comes into force, then clause 282.2(1)(f), as enacted by section 70 of that Act, is replaced with the following:

(f) for a development agreement required under section 240.1.1 within the longer of 90 days after the issuance of the development permit or the expiry of the time period that applies under section 246.

54(3)

If section 33 of this Act comes into force before section 50 of The Planning Amendment and City of Winnipeg Charter Amendment Act, S.M. 2021, c. 36, comes into force, then section 50 of that Act is replaced with the following:

50

The following is added after subsection 226(3):

Consultation with minister and region

226(3.0.1)

 On beginning a review of the development plan, council must consult with the Capital Planning Region, the minister and any other person or organization designated by the minister.

S.M. 2002, c. 39 amended after S.M. 2021, c. 36 comes into force

55(1)

If section 50 of The Planning Amendment and City of Winnipeg Charter Amendment Act, S.M. 2021, c. 36, comes into force before section 33 of this Act, then subsection 226(3.0.1) of The City of Winnipeg Charter is amended by striking out "Plan Winnipeg" and substituting "the development plan".

55(2)

If section 58 of The Planning Amendment and City of Winnipeg Charter Amendment Act, S.M. 2021, c. 36, comes into force before section 21 of this Act comes into force, then subsection 240.1.1(1) of The City of Winnipeg Charter is amended by striking out "permit" in the section heading and in the section and substituting "development permit".

55(3)

If section 70 of The Planning Amendment and City of Winnipeg Charter Amendment Act, S.M. 2021, c. 36, insofar as it enacts clause 282.2(1)(f), comes into force before section 21 of this Act comes into force, then clause 282.2(1)(f) of The City of Winnipeg Charter is amended by striking out "permit" and substituting "development permit".

Consequential amendment, C.C.S.M. c. C44

56

Subsection 21(4) of The CentrePort Canada Act is amended by striking out "Plan Winnipeg" and substituting "the development plan adopted for the City of Winnipeg under The City of Winnipeg Charter".

S.M. 2021, c. 36 (unproclaimed provision repealed)

57

Section 70 of The Planning Amendment and City of Winnipeg Charter Amendment Act, S.M. 2021, c. 36, is repealed insofar as it enacts clause 282.1(1)(e).

PART 4

REVIEW AND COMING INTO FORCE

Review

58(1)

The minister must undertake a comprehensive review of the amendments made by this Act to Part 6 of The City of Winnipeg Charter and to The Planning Act that includes public representations by October 29, 2024.

Tabling report in Assembly

58(2)

Within one year after the review is undertaken or within any longer period that the Legislative Assembly allows, the minister must table a report on the review in the Assembly.

Coming into force

59

This Act comes into force on a day to be fixed by proclamation.


SCHEDULE

(Section 33)

Column 1
The City of Winnipeg Charter Provision
Column 2
Strike out
Column 3
Substitute
225(1) "Plan Winnipeg" in the section heading and in the section "the development plan"
225(2) "Plan Winnipeg" "the development plan"
226(1) "Plan Winnipeg" in the part before clause (a) "the development plan"
226(2) "Plan Winnipeg" "the development plan"
226(3) "Plan Winnipeg" wherever it occurs "the development plan"
226(3.1) "Plan Winnipeg" in the part before clause (a) "the development plan"
226(3.2) "Plan Winnipeg" in subclauses (a)(i) and (c)(ii) "the development plan"
226(4) "Plan Winnipeg" "the development plan"
226(5) "Plan Winnipeg" "The development plan"
227(1) "Plan Winnipeg by-laws" in the section heading
"Plan Winnipeg by-law" in the part before clause (a)
"development plan by-law"
"development plan by-law"
227(2) "Plan Winnipeg by-law" in the part before clause (a) "development plan by-law"
228(1) "Plan Winnipeg by-law" in the part before clause (a) "development plan by-law"
229(1) "Plan Winnipeg by-law" in the part before clause (a) "development plan by-law"
229(2) "Plan Winnipeg by-law" "development plan by-law"
229(3) "Plan Winnipeg by-law" "development plan by-law"
230(1) "Plan Winnipeg by-law" in the part before clause (a) "development plan by-law"
230(3) "Plan Winnipeg by-law" "development plan by-law"
231 "Plan Winnipeg by-law" "development plan by-law"
232(1) "Plan Winnipeg by-law" wherever it occurs
"Plan Winnipeg" in clause (a)
"development plan by-law"
"the development plan"
232(2) "Plan Winnipeg by-law" wherever it occurs "development plan by-law"
233 "Plan Winnipeg by-law" in the section heading and in the section "development plan by-law"
234(1) "Plan Winnipeg" in clause (a) "the development plan"
235 "Plan Winnipeg by-law"
"Plan Winnipeg"
"development plan by-law"
"the development plan"
246(2) "Plan Winnipeg by-law" in clause (a)
"proposed Plan Winnipeg by-law" in subclauses (b)(i) and (c)(i)
"amendment to Plan Winnipeg" in subclause (b)(i)
"development plan by-law"
"proposed development plan by-law"
"amendment to the development plan"
246(3) "Plan Winnipeg by-law" in the part before clause (a) "development plan by-law"
247(3) "Plan Winnipeg" in clause (a) "the development plan"
255(2) "Plan Winnipeg" in the part before clause (a) "the development plan"
257(1) "Plan Winnipeg" in subclause (b)(i) "the development plan"
269(1) "Plan Winnipeg" in clause (a)
"Plan Winnipeg by-law" in clause (b)
"the development plan"
"development plan by-law"
269(3) "Plan Winnipeg by-law" in the part before clause (a) "development plan by-law"
274(2) "Plan Winnipeg" in clause (a) "development plan"
275(2) "Plan Winnipeg" in clause (a) "the development plan"
278(1) "Plan Winnipeg" in clause (a) "the development plan"
495(1) "Plan Winnipeg by-laws" in clause (a) "development plan by-law"