C.C.S.M. c. P80
The Planning Act
PART 1 | ||
INTRODUCTORY PROVISIONS | ||
1 | (1) | Definitions |
(2) | Reference to "Act" includes regulations | |
(3) | Interpretation — "capital region" | |
1.1 | Related nearby livestock operations deemed to be one operation | |
2 | Application | |
3 | Application to unorganized territory | |
PART 2 | ||
PROVINCIAL AND REGIONAL PLANNING | ||
DIVISION 1 | ||
PROVINCIAL LAND USE POLICIES | ||
4 | (1) | Provincial land use policies |
(2) | Application to Winnipeg | |
(3) | Contents of policies | |
DIVISION 2 | ||
REGIONAL STRATEGIES | ||
5 | (1) | Regional strategy |
(2) | Purpose of strategy | |
(3) | Contents of regional strategy | |
(4) | Consistency with provincial land use policies | |
6 | Assistance from minister | |
7 | (1) | Public meetings |
(2) | Consultation with minister | |
8 | (1) | Effective date |
(2) | Amendments | |
9 | Effect of regional strategy | |
10 | (1) | City of Winnipeg |
(2) | Application | |
DIVISION 3 | ||
SPECIAL PLANNING AREAS | ||
11 | (1) | Establishing special planning area |
(2) | Consultation required | |
(3) | Term of designation | |
11.1 | (1) | Inland port area |
(2) | Consultation required | |
12 | Development in special planning area | |
PART 3 | ||
PLANNING AUTHORITIES | ||
DIVISION 1 | ||
MUNICIPALITIES | ||
13 | Role of municipalities | |
DIVISION 2 | ||
PLANNING DISTRICTS | ||
ROLE | ||
14 | Role of planning districts | |
15 | (1) | Agreements |
(2) | Additional responsibilities | |
ESTABLISHMENT | ||
16 | (1) | Application to establish district |
(2) | Resolutions | |
(3) | Requirement for public hearing | |
17 | (1) | Establishment of planning district |
(2) | Contents of regulation | |
STRUCTURE AND ADMINISTRATION | ||
18 | (1) | Corporate status |
(2) | Corporation without share capital | |
(3) | Applicability of Corporations Act | |
19 | (1) | Board to manage affairs |
(2) | Minimum representation | |
(3) | Member from L.G.D. | |
20 | (1) | First directors |
(2) | Term of office of first directors | |
21 | (1) | Organizational and procedural by-laws |
(2) | Compensation by-law | |
(3) | General powers re by-laws | |
22 | (1) | Financial contributions |
(2) | Annual report | |
23 | Dispute resolution | |
24 | Employees | |
CHANGES TO PLANNING DISTRICTS | ||
Change in Name | ||
25 | (1) | Application for name change |
(2) | Name change | |
(3) | Liability unchanged | |
Alteration, Dissolution and Amalgamation | ||
26 | (1) | Application for alteration or dissolution |
(2) | Application for amalgamation | |
27 | (1) | Requirements for adding municipality |
(2) | Requirements for dissolution or removal | |
(3) | Requirements for amalgamation | |
28 | (1) | Referral to Municipal Board |
(2) | Consultation and hearing | |
(3) | Recommendation to minister | |
Decision | ||
29 | (1) | Decision |
(2) | Amendments to regulation | |
(3) | Distribution of assets and liabilities | |
(4) | Result of amalgamation | |
30 | (1) | Development plan continues to apply |
(2) | When municipal development plan applies | |
DIVISION 3 | ||
PLANNING COMMISSIONS | ||
ESTABLISHMENT | ||
31 | Planning commissions | |
32 | (1) | By-law requirements |
(2) | Composition of commission | |
ROLE OF PLANNING COMMISSIONS | ||
Decisions | ||
33 | Decisions by planning commission | |
34 | (1) | Notice of decision |
(2) | Appeal of decision by commission | |
(3) | Notice of appeal | |
(4) | Decision final if no appeal | |
35 | (1) | Appeal to board or council |
(2) | Notice of hearing | |
(3) | Who may not hear appeal | |
(4) | Quorum not lost | |
(5) | New hearing | |
Hearings | ||
36 | (1) | Hearings by planning commission |
(2) | Report to board or council | |
GENERAL | ||
37 | Resolutions | |
38 | Deemed hearing by board or council | |
39 | Commission must meet all requirements | |
PART 4 | ||
PLANS | ||
DIVISION 1 | ||
DEVELOPMENT PLANS | ||
REQUIREMENTS | ||
40 | (1) | Development plan for planning districts |
(2) | Development plan for municipalities | |
(3) | Exception | |
41 | Consistency with provincial land use policies | |
42 | (1) | Requirements of development plan |
(2) | Livestock operation policy | |
(3) | Restriction on designation | |
43 | Deadline for review | |
44 | (1) | Meetings and consultation |
(2) | Consultation with councils | |
ADOPTION PROCESS | ||
45 | Adoption | |
46 | (1) | Public hearing |
(2) | Actions after hearing | |
(3) | Notice of resolution not to proceed | |
47 | (1) | Submission to minister |
(2) | Requirements | |
(3) | No adoption until approval | |
48 | Notice of second reading | |
49 | Referral to Municipal Board | |
50 | (1) | Municipal Board hearing |
(2) | Report to minister | |
51 | (1) | Minister's decision |
(1.1) | When drinking water and wastewater plans required | |
(2) | Consultation | |
(3) | Notice of decision | |
52 | Third reading | |
53 | Notice of adoption | |
54 | By-law not subject to appeal | |
55 | Resolution not to proceed | |
AMENDMENTS AND REVIEW | ||
56 | (1) | Amending development plan by-law |
(2) | Application by owner may be refused | |
57 | Amendment process | |
58 | (1) | Exception for minor amendments |
(2) | Decision | |
59 | (1) | Periodic review |
(2) | Minister's order for review | |
(3) | Method of review | |
(4) | By-law to be re-enacted or replaced | |
POWERS OF MINISTER | ||
60 | Order | |
61 | (1) | Minister may amend or replace by-law |
(2) | Referral to Municipal Board | |
(3) | Approval by Order in Council | |
APPLICATION OF PROVINCIAL LAND USE POLICIES | ||
62 | (1) | Policies do not apply |
(2) | Policies apply to amendments and review | |
APPLICATION OF WATER PROTECTION ACT | ||
62.1 | Consideration of Water Protection Act | |
WATER AND WASTEWATER INFRASTRUCTURE | ||
62.2 | (1) | Drinking water and wastewater management plans |
(2) | Minister's order for plans to be prepared | |
(3) | Content | |
DIVISION 2 | ||
SECONDARY PLANS | ||
63 | (1) | Adoption of secondary plans |
(2) | Consistency with development plan by-law | |
64 | Adoption process | |
DIVISION 3 | ||
GENERAL | ||
65 | Compliance with plans | |
66 | Acquisition and disposal of land | |
67 | Revoking development plan by-law | |
PART 5 | ||
ZONING BY-LAWS | ||
REQUIREMENTS | ||
68 | Zoning by-law required | |
69 | (1) | District-wide zoning by-law |
(2) | Effect on municipal zoning by-law | |
70 | Exception | |
71 | (1) | Zoning by-law requirements |
(2) | General development requirements | |
(3) | Contents of zoning by-law | |
(4) | Power to prohibit includes power to permit | |
72 | (1) | Zoning by-laws for livestock operations |
(2) | Restricted zoning for large livestock operations | |
(3) | Siting and setback of livestock operations | |
73 | Incentive zoning | |
ADOPTION OF ZONING BY-LAW | ||
74 | (1) | Public hearing |
(2) | Alteration to zoning by-law | |
(3) | No hearing for minor alteration | |
75 | Adoption if no objection | |
When Planning Commission Holds Hearing | ||
76 | (1) | Objections at planning commission hearing |
(2) | Options of board or council | |
(3) | Notice to objectors | |
(4) | Actions if no second objection | |
(5) | Hearing on second objection | |
(6) | Decision | |
When Board or Council Holds Hearing | ||
77 | (1) | Objections at board or council hearing |
(2) | Options of board or council | |
(3) | Notice to objectors | |
(4) | Actions if no second objection | |
(5) | Referring second objection | |
(6) | Requirement for third reading | |
(7) | Hearing | |
(8) | Order | |
(9) | Notice of decision | |
(10) | Delayed decision | |
(11) | Order not subject to appeal | |
General Adoption Matters | ||
78 | (1) | Objections from public authorities |
(2) | Transfer of objections | |
79 | (1) | Notice of adoption |
(2) | Notice of resolution not to proceed | |
AMENDMENTS | ||
80 | (1) | Amending zoning by-law |
(2) | Application by owner may be refused | |
(3) | Amendment process | |
81 | Development agreement as condition | |
82 | (1) | Exception for minor amendments |
(2) | Decision | |
GENERAL PROVISIONS | ||
83 | Quashing of by-law | |
84 | (1) | Effect of zoning by-law on caveats |
(2) | Development scheme is a restriction | |
85 | Zoning memorandum may be issued | |
NON-CONFORMING USES | ||
86 | (1) | Continuance of lawfully existing non-conformities |
(2) | What constitutes existing building | |
(3) | What constitutes existing parcel | |
(4) | What constitutes existing use | |
87 | Certificate of non-conformity | |
88 | (1) | Cancellation of permits |
(2) | Agreement on expenses | |
(3) | Arbitration if no agreement | |
(4) | Conduct of arbitration | |
89 | (1) | Limits on construction |
(2) | Damaged non-conforming building | |
90 | (1) | No increase or change in non-conforming use |
(2) | Non-conforming parcels | |
91 | (1) | Discontinuance of non-conforming use |
(2) | Effect of change of ownership on use | |
92 | (1) | Non-conformity may be altered by variance |
(2) | Variation procedure applies | |
93 | Acquiring non-conforming land or building | |
PART 6 | ||
VARIANCES | ||
94 | (1) | Applicants |
(2) | Application to board or council | |
(3) | Application requirements | |
95 | Authority respecting variances | |
96 | Public hearing | |
97 | (1) | Decision |
(2) | Restrictions on variances | |
98 | (1) | Conditions of order |
(2) | Revoking variance order | |
99 | Notice of decision | |
100 | (1) | No appeal |
(2) | Appeal of planning commission order | |
101 | (1) | Expiry of variance order |
(2) | Extending approval deadline | |
102 | (1) | Authority re minor variances |
(2) | No notice or hearing required | |
(3) | Decision on minor variances | |
(4) | Submissions before setting conditions | |
(5) | Notice to applicant | |
(6) | Appeal of minor variance | |
PART 7 | ||
CONDITIONAL USES | ||
DIVISION 1 | ||
GENERAL CONDITIONAL USES | ||
APPLICATIONS | ||
103 | (1) | Requirement for approval |
(2) | Applicants | |
(3) | Application to board or council | |
(4) | Application requirements | |
104 | Authority respecting conditional uses | |
105 | Public hearing | |
106 | (1) | Decision |
(2) | Conditions of approval | |
(3) | Revoking approval | |
(4) | Modification of conditions | |
107 | (1) | Conditions on small livestock operations |
(2) | No conditions re manure | |
108 | Notice of decision | |
109 | (1) | No appeal |
(2) | Appeal of planning commission order | |
110 | (1) | Expiry of approval |
(2) | Extending approval deadline | |
DIVISION 2 | ||
LARGE-SCALE CONDITIONAL USE LIVESTOCK OPERATIONS | ||
111 | (1) | Application |
(2) | Applicability of Division 1 | |
112 | Minister to receive copy of application | |
TECHNICAL REVIEW COMMITTEES | ||
113 | (1) | Appointment of Technical Review Committees |
(2) | Application referred to T.R.C. | |
(3) | Committee may require additional material | |
(4) | T.R.C. report | |
(5) | Report available for inspection | |
(6) | Regulations re T.R.C. | |
HEARINGS | ||
114 | (1) | Hearing date |
(2) | Notice of hearing date | |
(3) | Notice of T.R.C. report | |
115 | Hearing | |
DECISION | ||
116 | (1) | Decision |
(2) | Conditions on livestock operations | |
(3) | No conditions re manure | |
(4) | Revoking approval | |
117 | Notice of decision | |
118 | No development until all approvals obtained | |
PART 8 | ||
SUBDIVISION CONTROL | ||
DEFINITIONS | ||
119 | (1) | Definitions |
(2) | Mines and minerals not included | |
120 | Board as approving authority | |
WHEN SUBDIVISION APPROVAL IS REQUIRED | ||
121 | (1) | Approval required for subdivision of land |
(2) | Cases in which approval is not required | |
(3) | Parcel includes public road, etc. | |
(4) | Contiguity of land | |
(5) | Easement not a subdivision | |
(6) | Affidavit or statutory declaration may be required | |
(7) | Effect of zoning by-law | |
(8) | Caveat void | |
122 | Unregistered instrument effecting subdivision | |
RESTRICTION ON SUBDIVISION APPROVAL | ||
123 | Restriction on approvals | |
APPLYING FOR SUBDIVISION APPROVAL | ||
124 | (1) | Application for subdivision approval |
(2) | Approving authority to prepare report | |
REVIEW BY COUNCIL | ||
125 | (1) | Review by council |
(2) | Hearing when road created | |
(3) | Council's decision final | |
(4) | Notice to approving authority | |
FINAL DECISION BY APPROVING AUTHORITY | ||
126 | (1) | Role of approving authority |
(2) | Decision of approving authority | |
(3) | Notice of decision | |
(4) | New or varied conditions | |
(5) | If no decision within 60 days | |
127 | Conditional approval valid for 2 years | |
128 | (1) | Revoking a conditional approval |
(2) | Notice | |
(3) | Revocation final | |
APPEAL TO MUNICIPAL BOARD | ||
129 | (1) | Right to appeal |
(2) | No appeal if council rejects application | |
(3) | How to appeal | |
(4) | Notice of appeal | |
130 | (1) | Appeal hearing |
(2) | Notice of hearing | |
131 | (1) | Decision of Municipal Board |
(2) | Notice of decision | |
(3) | If conditions not met within 2 years | |
CERTIFICATE OF APPROVAL | ||
132 | (1) | Certificate of approval |
(2) | Certificate issued in 30 days | |
(3) | Notice to council and minister | |
(4) | Certificate valid for 12 months | |
(5) | No certificate until appeal settled | |
WAITING PERIOD FOR NEW APPLICATIONS | ||
133 | Six-month wait before applying again | |
SHORTENED PROCESS FOR MINOR SUBDIVISIONS | ||
134 | (1) | Definition of "minor subdivision" |
(2) | Conditions for minor subdivisions | |
(3) | Shortened process | |
(4) | Decision of designated employee | |
CONDITIONS OF SUBDIVISION APPROVAL | ||
135 | Conditions of approval | |
136 | (1) | Money in place of public reserve or school lands |
(2) | Council must specify payment as a condition | |
(3) | Agreement about the amount | |
(4) | Arbitration | |
137 | Errors in approvals or plans | |
USE AND DISPOSAL OF PUBLIC RESERVE LAND | ||
138 | (1) | Uses of public reserve land |
(2) | Land deemed to be public reserve land | |
139 | (1) | Closing public reserve land |
(2) | Notice and hearing of public reserve closing | |
140 | (1) | Money in place of reserve land |
(2) | Use of money | |
141 | (1) | Money in place of school lands |
(2) | Use of school lands, money | |
(3) | Notice of intention to dispose of land and hearing | |
FEES, CHARGES AND CAPITAL LEVIES | ||
142 | (1) | By-laws establishing fees and charges |
(2) | Examination and approval services | |
143 | (1) | Levies established by by-law |
(2) | Establishment of reserve funds | |
OBSOLETE PLANS OF SUBDIVISION | ||
144 | (1) | Obsolete plans of subdivision |
(2) | Registration in land titles office | |
(3) | Notice and hearing | |
(4) | Action of planning authority | |
(5) | Decision distributed | |
(6) | Discharge | |
(7) | Plan declared obsolete cannot be revived | |
CANCELLING PLANS OF SUBDIVISION | ||
145 | (1) | Application for order cancelling or amending registered plan |
(2) | Notice of hearing | |
(3) | Decision of Municipal Board | |
(4) | Municipal Board Act applies | |
(5) | Principles of re-subdivision of a cancelled plan | |
(6) | Municipality as owner | |
REGULATIONS | ||
146 | (1) | Subdivision regulations |
(2) | Regulations may be limited | |
PART 9 | ||
DEVELOPMENT REQUIREMENTS | ||
DEVELOPMENT PERMITS | ||
147 | (1) | Development permit required |
(2) | Application to board or council | |
148 | (1) | Decision on development permit |
(2) | Review of application | |
(3) | Withholding development permit | |
(4) | Refusal to issue withheld permit | |
(5) | No further withholding | |
(6) | Compensation for withholding | |
149 | Dwelling units permitted on a parcel | |
150 | Development agreements | |
151 | (1) | Registering development agreements |
(2) | Agreement before amendment or order | |
PART 10 | ||
NORTHERN MANITOBA | ||
INTERPRETATION | ||
152 | (1) | Meaning of "minister" |
(2) | Definitions from Northern Affairs Act | |
APPLICATION TO NORTHERN MANITOBA | ||
153 | (1) | Application to Northern Manitoba |
(2) | References to "minister" | |
154 | Incorporated communities | |
155 | Unincorporated areas | |
156 | (1) | Delegation of minister's authority |
(2) | Delegation subject to terms and conditions | |
157 | Municipal Board | |
LAND USE PLANNING | ||
158 | (1) | Land use control may be adopted |
(2) | Adoption by incorporated communities | |
(3) | Adoption by communities | |
(4) | Adoption in other areas of Northern Manitoba | |
159 | Modified adoption of development plan by-law | |
160 | (1) | Filing requirement |
(2) | Delayed coming into force | |
(3) | Disallowing by-law | |
161 | Transitional provisions apply | |
SUBDIVISION CONTROL | ||
162 | Approving authority for subdivision | |
PART 11 | ||
NOTICES AND HEARINGS | ||
DIVISION 1 | ||
NOTICES | ||
GENERAL | ||
163 | (1) | Sending notice |
(2) | Deemed receipt | |
164 | Alternate service | |
165 | Notice for written submissions | |
NOTICE OF HEARINGS | ||
166 | Notice of hearing | |
167 | Contents of notice | |
168 | (1) | Notice re planning districts, development plans and zoning by-laws |
(2) | Publication requirements | |
(3) | Required notice | |
(4) | Notice to affected property owners | |
169 | (1) | Notice re certain applications |
(2) | Required notice | |
(3) | Notice to affected property owners | |
(4) | Notice of variance involving livestock operations | |
170 | (1) | Posting requirements |
(2) | Proof of posting | |
171 | Inspection of documents | |
DIVISION 2 | ||
HEARINGS | ||
172 | (1) | Conduct of hearing |
(2) | Adjournment | |
173 | (1) | Representations |
(2) | Recording representations | |
174 | (1) | Combined hearings |
(2) | Notice of combined hearings | |
PART 12 | ||
ENFORCEMENT | ||
175 | (1) | Authority to inspect and enforce |
(2) | Related inspection powers | |
(3) | No interference | |
176 | (1) | Requirements |
(2) | Identification | |
(3) | No notice in emergencies | |
177 | Warrant | |
178 | (1) | Order to remedy contravention |
(2) | Content of order | |
(3) | Review by board or council | |
(4) | Powers of board or council | |
179 | (1) | District or municipality remedying contraventions |
(2) | Costs | |
180 | Injunction | |
OFFENCES AND PENALTIES | ||
181 | (1) | Offences |
(2) | Continuing offences | |
(3) | Directors and officers | |
182 | (1) | General penalty |
(2) | Orders in addition to penalty | |
183 | Time limit for prosecution | |
PART 13 | ||
MISCELLANEOUS PROVISIONS | ||
184 | Designated employees and officers | |
185 | Third reading deadline does not apply | |
186 | Records of planning district | |
187 | (1) | Limited restrictions on livestock operations |
(2) | When by-law does not apply to livestock operation | |
188 | Alteration of boundaries | |
189 | (1) | Duties of minister |
(2) | Minister may provide planning assistance | |
190 | (1) | Interdepartmental Planning Board |
(2) | Duties of Interdepartmental Planning Board | |
191 | Act prevails | |
192 | Protection from liability | |
193 | (1) | Regulations by L.G. in C. |
(2) | Ministerial regulations | |
PART 14 | ||
TRANSITIONAL | ||
INTERPRETATION | ||
194 | (1) | Definitions |
(2) | Planning statement deemed development plan | |
(3) | Planning scheme deemed zoning by-law | |
MATTERS UNDER THE FORMER ACT | ||
195 | (1) | Planning districts continued |
(2) | Board of district continued | |
(3) | Adopting by-laws | |
196 | Development plan by-law continues | |
197 | (1) | Zoning by-law continues |
(2) | Deemed amendment of zoning by-law | |
(3) | Exception for planning scheme | |
198 | By-laws and decisions continue | |
199 | Permits and orders continue | |
200 | Agreements and contracts continue | |
DEVELOPMENT PLAN BY-LAWS AND ZONING BY-LAWS | ||
201 | Development plan by-law deadline | |
202 | (1) | Zoning by-law deadline |
(2) | Exception | |
203 | Extension of deadline | |
DEVELOPMENT APPROVAL | ||
204 | Applications before Act in force | |
205 | Transitional approval requirements | |
206 | (1) | Approval required |
(2) | Exception | |
General Development | ||
207 | General development approval | |
Small-Scale Livestock Operations | ||
208 | Small livestock operation approval | |
Large-Scale Livestock Operations | ||
209 | (1) | Hearings required for large operations |
(2) | Large operations with no land use planning | |
(3) | Large operations with no zoning by-law | |
(4) | Large operations with no development plan | |
Subdivision | ||
210 | (1) | Subdivision applications |
(2) | Additional requirements | |
(3) | Additional condition of approval | |
211 | (1) | Transitional regulations |
(2) | Timing of regulations | |
PART 15 | ||
CONSEQUENTIAL AND CONDITIONAL AMENDMENTS | ||
212 to 217 | ||
PART 16 | ||
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | ||
218 | Repeal | |
219 | C.C.S.M. reference | |
220 | (1) | Coming into force |
(2) | Coming into force: section 217 |