.png){kind=small}
C.C.S.M. c. P80
The Planning Act
Table of Contents
| PART 1 | ||
| INTRODUCTORY PROVISIONS | ||
| 1 | Definitions | |
| (2) | Reference to "Act" includes regulations | |
| (3) | Interpretation — "capital region" | |
| 2 | Application | |
| 3 | Application to unorganized territory | |
| PART 2 | ||
| PROVINCIAL AND REGIONAL PLANNING |
||
| 4 | Provincial land use policies | |
| (2) | Application to Winnipeg | |
| (3) | Contents of policies | |
| 5 | Regional strategy | |
| (2) | Purpose of strategy | |
| (3) | Contents of regional strategy | |
| (4) | Consistency with provincial land use policies | |
| 6 | Assistance from minister | |
| 7 | Public meetings | |
| (2) | Consultation with minister | |
| 8 | Effective date | |
| (2) | Amendments | |
| 9 | Effect of regional strategy | |
| 10 | City of Winnipeg | |
| (2) | Application | |
| ESTABLISHMENT | ||
| 11 | Inland Port Special Planning Area | |
| (2) | Regulations re special planning area | |
| (3) | Name and boundaries | |
| (4) | Consultation required | |
| REGULATING LAND USE IN SPECIAL PLANNING AREAS |
||
| 12 | Land use within special planning area | |
| (2) | No overlapping by-laws | |
| (3) | Jurisdiction that remains unchanged | |
| (4) | Minister is approving authority re subdivisions | |
| (5) | Regulations for land use in a special planning area | |
| (6) | Regulations may authorize different process for minor matters | |
| PLANNING AUTHORITIES FOR SPECIAL PLANNING AREAS |
||
| 12.1 | Inland Port Special Planning Authority | |
| (2) | Establishment of other special planning authorities | |
| 12.2 | Mandate of a special planning authority | |
| (2) | Report to minister | |
| (3) | Decision not subject to appeal | |
| (4) | Assistance from minister | |
| (5) | Authority is to act in accordance with regulations | |
| 12.3 | Composition | |
| (2) | Reader's aid | |
| 12.4 | Term of office | |
| (2) | Term continues | |
| (3) | Limit | |
| (4) | Vacancy does not impair the authority's powers | |
| 12.5 | Remuneration | |
| (2) | Acceptance | |
| 12.6 | Chair and vice-chair | |
| (2) | Function of vice-chair | |
| 12.7 | Authority may make rules | |
| (2) | Publication of rules | |
| 12.8 | Regulations respecting special planning authorities | |
| 12.9 | Composition of Inland Port Special Planning Authority | |
| (2) | Additional members | |
| (3) | Minister to recommend | |
| 12.10 | Chair of the Authority | |
| (2) | Chair has tie-breaking vote | |
| 12.11 | Vacancies | |
| (2) | Failure to nominate | |
| 12.12 | Conflict of interest | |
| (2) | Members may participate in hearings | |
| (3) | Application | |
| IMPLEMENTING LAND USE PLANNING IN SPECIAL PLANNING AREAS |
||
| 12.13 | Development agreements as condition | |
| (2) | Decisions of planning authorities re development agreements | |
| (3) | Content of development agreements | |
| (4) | Subdivision approvals — public reserves | |
| 12.14 | Cancelling permits or approvals | |
| (2) | Compliance with direction | |
| (3) | Withholding development permits | |
| (4) | Minister responsible for expenses, etc. | |
| 12.15 | Minister may designate person to enforce | |
| (2) | Who may be designated | |
| (3) | Powers and duties | |
| (4) | Role of minister | |
| 12.16 | Role of Municipal Board | |
| (2) | Notice of decision | |
| (3) | Decision not subject to appeal | |
| PART 3 | ||
| PLANNING AUTHORITIES | ||
| 13 | Role of municipalities | |
| ROLE | ||
| 14 | Role of planning districts | |
| 15 | Agreements | |
| (2) | Additional responsibilities | |
| ESTABLISHMENT | ||
| 16 | Application to establish district | |
| (2) | Resolutions | |
| (3) | Requirement for public hearing | |
| 17 | Establishment of planning district | |
| (2) | Contents of regulation | |
| STRUCTURE AND ADMINISTRATION | ||
| 18 | Corporate status | |
| (2) | Corporation without share capital | |
| (3) | Applicability of Corporations Act | |
| 19 | Board to manage affairs | |
| (2) | Minimum representation | |
| (3) | Member from L.G.D. | |
| 20 | First directors | |
| (2) | Term of office of first directors | |
| 21 | Organizational and procedural by-laws | |
| (2) | Compensation by-law | |
| (3) | General powers re by-laws | |
| 22 | Financial contributions | |
| (2) | Annual report | |
| 23 | Dispute resolution | |
| 24 | Employees | |
| CHANGES TO PLANNING DISTRICTS |
||
| 25 | Application for name change | |
| (2) | Name change | |
| (3) | Liability unchanged | |
| 26 | Application for alteration or dissolution | |
| (2) | Application for amalgamation | |
| 27 | Requirements for adding municipality | |
| (2) | Requirements for dissolution or removal | |
| (3) | Requirements for amalgamation | |
| 28 | Referral to Municipal Board | |
| (2) | Consultation and hearing | |
| (3) | Recommendation to minister | |
| 29 | Decision | |
| (2) | Amendments to regulation | |
| (3) | Distribution of assets and liabilities | |
| (4) | Result of amalgamation | |
| 30 | Development plan continues to apply | |
| (2) | When municipal development plan applies | |
| ESTABLISHMENT | ||
| 31 | Planning commissions | |
| 32 | By-law requirements | |
| (2) | Composition of commission | |
| ROLE OF PLANNING COMMISSIONS | ||
| 33 | Decisions by planning commission | |
| 34 | Notice of decision | |
| (2) | Appeal of decision by commission | |
| (3) | Notice of appeal | |
| (4) | Decision final if no appeal | |
| 35 | Appeal to board or council | |
| (2) | Notice of hearing | |
| (3) | Who may not hear appeal | |
| (4) | Quorum not lost | |
| (5) | New hearing | |
| 36 | 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 | ||
| REQUIREMENTS | ||
| 40 | Development plan for planning districts | |
| (2) | Development plan for municipalities | |
| (3) | Exception | |
| 41 | Consistency with provincial land use policies | |
| 42 | Requirements of development plan | |
| (2) | Livestock operation policy | |
| 43 | Deadline for review | |
| 44 | Meetings and consultation | |
| (1.1) | Subject matter of consultation with school boards | |
| (2) | Consultation with councils | |
| ADOPTION PROCESS | ||
| 45 | Adoption | |
| 46 | Public hearing | |
| (2) | Second reading | |
| (3) | Notice of resolution not to proceed | |
| 47 | Submission to minister | |
| (3) | No adoption until approval | |
| 48 | Notice of second reading | |
| 49 | Referral to Municipal Board | |
| 50 | Municipal Board hearing | |
| (2) | Report to minister | |
| 51 | 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 | Amending development plan by-law | |
| (2) | Application by owner may be refused | |
| 57 | Amendment process | |
| 58 | Exception for minor amendments | |
| (2) | Decision | |
| 59 | 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 | 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 | Policies do not apply | |
| (2) | Policies apply to amendments and review | |
| APPLICATION OF WATER STATUTES | ||
| 62.1 | Consideration of water statutes | |
| WATER AND WASTEWATER INFRASTRUCTURE |
||
| 62.2 | Drinking water and wastewater management plans | |
| (2) | Minister's order for plans to be prepared | |
| (3) | Content | |
| 63 | Adoption of secondary plans | |
| (2) | Consistency with development plan by-law | |
| 64 | Adoption and amendment process | |
| 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 | District-wide zoning by-law | |
| (2) | Effect on municipal zoning by-law | |
| 70 | Exception | |
| 71 | Zoning by-law requirements | |
| (2) | General development requirements | |
| (3) | Contents of zoning by-law | |
| (4) | Power to prohibit includes power to permit | |
| (5) | Zoning for affordable housing | |
| (6) | "Affordable housing" to be defined | |
| (7) | Incentive zoning | |
| 72 | Zoning by-laws for livestock operations | |
| (3) | Siting and setback of livestock operations | |
| 72.1 | Changes to farm buildings housing livestock | |
| (2) | Meaning of "authorized change" | |
| (3) | Use of existing building during construction | |
| (4) | Limitation re non-conforming buildings and uses | |
| ADOPTION OF ZONING BY-LAW | ||
| 73.1 | Eligible persons | |
| (2) | Sufficient objections re adopting a zoning by-law | |
| (3) | Sufficient objections re amending a zoning by-law | |
| (4) | Objections on owner's behalf | |
| 74 | Public hearing | |
| (2) | Alteration to zoning by-law | |
| (3) | No hearing for minor alteration | |
| 75 | Adoption if objections not sufficient | |
| 76 | Objections at planning commission hearing | |
| (2) | Options of board or council | |
| (3) | Notice to objectors | |
| (4) | Actions if second objections are not sufficient | |
| (5) | Hearing if sufficient objections | |
| 77 | Objections at board or council hearing | |
| (2) | Options of board or council | |
| (3) | Notice to objectors | |
| (4) | Actions if second objections are not sufficient | |
| (5) | Referring objections | |
| MUNICIPAL BOARD | ||
| 77.1 | Requirement for third reading | |
| (2) | Hearing | |
| (3) | Notice of hearing | |
| (4) | Order | |
| (5) | Effect of decision | |
| (6) | Notice of decision | |
| (7) | Delayed decision | |
| (8) | Order not subject to appeal | |
| 78 | Objections from public authorities | |
| (2) | Transfer of objections | |
| 79 | Notice of adoption | |
| (2) | Notice of resolution not to proceed | |
| (3) | Notice to applicant | |
| AMENDMENTS | ||
| 80 | Amending zoning by-law | |
| (2) | Application by owner may be refused | |
| (3) | Amendment process | |
| 81 | Development agreement as condition | |
| 82 | Exception for minor amendments | |
| (2) | Decision | |
| APPEALS CONCERNING ZONING | ||
| 82.1 | Appeal of refusal or conditions | |
| (2) | Right to appeal if failure to proceed | |
| (3) | How to appeal | |
| (4) | Notice of appeal | |
| (5) | Appeal hearing | |
| (6) | Notice of hearing | |
| (7) | Decision of Municipal Board | |
| (8) | Effect of decision | |
| (9) | Notice of decision | |
| (10) | Decision not subject to appeal | |
| 82.2 | Costs on appeal re failing to proceed | |
| (2) | Board retains discretion as to costs | |
| GENERAL PROVISIONS | ||
| 83 | Quashing of by-law | |
| 84 | Effect of zoning by-law on caveats | |
| (2) | Development scheme is a restriction | |
| 85 | Zoning memorandum may be issued | |
| NON-CONFORMING USES | ||
| 86 | 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 | Cancellation of permits | |
| (2) | Agreement on expenses | |
| (3) | Arbitration if no agreement | |
| (4) | Conduct of arbitration | |
| 89 | Limits on construction | |
| (2) | Damaged non-conforming building | |
| 90 | No increase or change in non-conforming use | |
| (2) | Non-conforming parcels | |
| 91 | Discontinuance of non-conforming use | |
| (2) | Effect of change of ownership on use | |
| 92 | Non-conformity may be altered by variance | |
| (2) | Variation procedure applies | |
| 93 | Acquiring non-conforming land or building | |
| PART 6 | ||
| VARIANCES | ||
| 94 | Applicants | |
| (2) | Application to board or council | |
| (3) | Application requirements | |
| 95 | Authority respecting variances | |
| 96 | Public hearing | |
| 97 | Decision | |
| (2) | Restrictions on variances | |
| 98 | Conditions of order | |
| (2) | Revoking variance order | |
| 99 | Notice of decision | |
| 100 | No appeal | |
| (2) | Appeal of planning commission order | |
| 101 | Expiry of variance order | |
| (2) | Extending approval deadline | |
| 102 | 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 | ||
| APPLICATIONS | ||
| 103 | Requirement for approval | |
| (2) | Applicants | |
| (3) | Application to board or council | |
| (4) | Application requirements | |
| 104 | Authority respecting conditional uses | |
| 105 | Public hearing | |
| 106 | Decision | |
| (2) | Conditions of approval | |
| (3) | Revoking approval | |
| (4) | Modification of conditions | |
| 107 | Conditions on small livestock operations | |
| (2) | No conditions re manure | |
| 108 | Notice of decision | |
| 109 | No appeal | |
| (2) | Appeal of planning commission order | |
| 110 | Expiry of approval | |
| (2) | Extending approval deadline | |
| 111 | Application | |
| (2) | Applicability of Division 1 | |
| 112 | Minister to receive copy of application | |
| TECHNICAL REVIEW COMMITTEES | ||
| 113 | 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 | Hearing date | |
| (2) | Notice of hearing date | |
| (2.1) | Publishing or posting notice | |
| (3) | Notice of T.R.C. report | |
| 115 | Hearing | |
| DECISION | ||
| 116 | 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 | |
| 118.1 | Definitions | |
| 118.2 | Right to appeal | |
| (2) | How to appeal | |
| (3) | Notice of appeal | |
| 118.3 | Appeal hearing | |
| (2) | Notice of hearing | |
| 118.4 | Decision of Municipal Board | |
| (2) | Notice of decision | |
| (3) | Decision not subject to appeal | |
| 118.5 | Effect of decision | |
| PART 8 | ||
| SUBDIVISION CONTROL | ||
| DEFINITIONS | ||
| 119 | Definitions | |
| (2) | Mines and minerals not included | |
| 120 | Board as approving authority | |
| 120.1 | Approving authority for Brandon | |
| (2) | Approving authority for designated municipalities | |
| WHEN SUBDIVISION APPROVAL IS REQUIRED |
||
| 121 | 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 | Application for subdivision approval | |
| (2) | Approving authority to prepare report | |
| (3) | Minor subdivisions | |
| (4) | New or varied conditions | |
| (5) | Minor subdivisions if council is approving authority | |
| REVIEW BY COUNCIL | ||
| 125 | Review by council | |
| (2) | Hearing when road created | |
| (3) | Council's decision final | |
| (4) | Notice to approving authority | |
| (4.1) | If no decision within specified time | |
| (5) | Non-application to council | |
| MINOR SUBDIVISIONS | ||
| 125.1 | Review and approval of minor subdivisions | |
| (2) | Approval may not be reversed | |
| (3) | Conditions on approval | |
| (4) | Effect of approval — minor subdivisions | |
| (5) | Council resolution required to reject | |
| (6) | Effect of rejection | |
| (7) | Notice of decision | |
| (8) | Non-application | |
| (9) | Non-application if council is approving authority | |
| 125.2 | Notice of council decisions for minor subdivisions | |
| 125.3 | If no decision within specified time | |
| FINAL DECISION BY APPROVING AUTHORITY |
||
| (2) | Decision of approving authority | |
| (3) | Notice of decision | |
| (4) | New or varied conditions | |
| (5) | If no decision within 60 days | |
| 126.1 | Council acting as approving authority | |
| (2) | Non-application | |
| 127 | Conditional approval valid for 2 years | |
| 128 | Revoking a conditional approval | |
| (1.1) | Effect of revocation — minor subdivisions | |
| (2) | Notice | |
| (3) | Revocation final | |
| APPEAL TO MUNICIPAL BOARD | ||
| 129 | Right to appeal | |
| (1.1) | Right to appeal — when council is approving authority | |
| (3) | How to appeal | |
| (4) | Notice of appeal | |
| 130 | Appeal hearing | |
| (2) | Notice of hearing | |
| 131 | Decision of Municipal Board | |
| (2) | Notice of decision | |
| (3) | If conditions not met within 2 years | |
| 131.1 | Costs on appeal re failing to proceed | |
| (2) | Board retains discretion as to costs | |
| CERTIFICATE OF APPROVAL | ||
| 132 | Certificate of approval | |
| (2) | Certificate issued in 30 days | |
| (3) | Notice | |
| (4) | Certificate valid for 24 months | |
| (4.1) | Transitional — extension of 12-month certificate | |
| (5) | No certificate until appeal settled | |
| WAITING PERIOD FOR NEW APPLICATIONS |
||
| 133 | Six-month wait before applying again | |
| CONDITIONS OF SUBDIVISION APPROVAL |
||
| 135 | Conditions of approval | |
| 136 | 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 | |
| CONDITION OF SUBDIVISION APPROVAL |
||
| 137.2 | Prohibition — advertising future school buildings | |
| (2) | Exception | |
| (3) | Definitions | |
| 137.3 | Offence | |
| USE AND DISPOSAL OF PUBLIC RESERVE LAND |
||
| 138 | Uses of public reserve land | |
| (2) | Land deemed to be public reserve land | |
| 139 | Closing public reserve land | |
| (2) | Notice and hearing of public reserve closing | |
| 140 | Money in place of reserve land | |
| (2) | Use of money | |
| 141 | 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 | By-laws establishing fees and charges | |
| (2) | Examination and approval services | |
| 143 | Levies established by by-law | |
| (2) | Establishment of reserve funds | |
| OBSOLETE PLANS OF SUBDIVISION | ||
| 144 | 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 | 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 | Subdivision regulations | |
| (2) | Regulations may be limited | |
| PART 9 | ||
| DEVELOPMENT REQUIREMENTS | ||
| DEVELOPMENT PERMITS | ||
| 147 | Development permit required | |
| (2) | Application to board or council | |
| (3) | Determination on application to be made in 20 days | |
| (4) | When application is complete | |
| (5) | Extension by agreement | |
| (6) | Applications to be forwarded | |
| 148 | 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 | |
| 149.2 | Appeals re development permits | |
| (2) | Right to appeal if failure to issue permit | |
| (3) | Application | |
| (4) | Costs on appeal re failing to proceed | |
| (5) | Board retains discretion as to costs | |
| DEVELOPMENT AGREEMENTS | ||
| 150 | Development agreements | |
| 150.1 | Development agreements for affordable housing | |
| 151 | Registering development agreements | |
| (2) | Agreement before amendment or order | |
| 151.0.1 | Failing to conclude development agreement | |
| 151.0.2 | Application to amend a development agreement | |
| (2) | Decision | |
| 151.0.3 | Appeals re development agreement | |
| (2) | Right to appeal if failure to decide | |
| (3) | How to appeal | |
| (4) | Notice of appeal | |
| (5) | Appeal hearing | |
| (6) | Notice of hearing | |
| (7) | Decision of Municipal Board | |
| (8) | Notice of decision | |
| (9) | Decision not subject to appeal | |
| 151.0.4 | Costs on appeal re failing to proceed | |
| (2) | Board retains discretion as to costs | |
| CONFORMING CONSTRUCTION AGREEMENTS |
||
| 151.1 | Agreements | |
| (2) | Purpose | |
| (3) | Content | |
| (4) | Effect of agreement | |
| (5) | Definitions | |
| PART 10 | ||
| NORTHERN MANITOBA | ||
| INTERPRETATION | ||
| 152 | Meaning of "minister" | |
| (2) | Definitions from Northern Affairs Act | |
| APPLICATION TO | ||
| 153 | Application to Northern Manitoba | |
| (2) | References to "minister" | |
| 154 | Incorporated communities | |
| 155 | Unincorporated areas | |
| 156 | Delegation of minister's authority | |
| (2) | Delegation subject to terms and conditions | |
| 157 | Municipal Board | |
| LAND USE PLANNING | ||
| 158 | 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 | 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, HEARINGS AND DECISIONS | ||
| GENERAL | ||
| 163 | 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 | Notice re planning districts, development plans and zoning by-laws | |
| (2) | Notice of a public hearing | |
| (3) | Required notice | |
| (4) | Notice to affected property owners | |
| 169 | Notice re certain applications | |
| (2) | Required notice | |
| (3) | Notice to affected property owners | |
| (4) | Notice of variance involving livestock operations | |
| (5) | Notice of a conditional use involving an aggregate quarry | |
| 170 | Posting requirements | |
| (2) | Proof of posting | |
| 171 | Inspection of documents | |
| 172 | Conduct of hearing | |
| (1.1) | Method of hearing | |
| (2) | Adjournment | |
| 173 | Representations | |
| (2) | Recording representations | |
| 174 | Combined hearings | |
| (2) | Notice of combined hearings | |
| (3) | Effect of combined hearing | |
| 174.1 | Reasons to be provided | |
| PART 12 | ||
| ENFORCEMENT | ||
| 175 | Authority to inspect and enforce | |
| (2) | Related inspection powers | |
| (3) | No interference | |
| 176 | Requirements | |
| (2) | Identification | |
| (3) | No notice in emergencies | |
| 177 | Warrant | |
| 178 | Order to remedy contravention | |
| (2) | Content of order | |
| (3) | Review by board or council | |
| (4) | Powers of board or council | |
| 179 | District or municipality remedying contraventions | |
| (2) | Costs | |
| 180 | Injunction | |
| PART 12.1 | ||
| OFFENCES AND PENALTIES | ||
| 181 | Offences | |
| (2) | Continuing offences | |
| (3) | Directors and officers | |
| 182 | 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 | Limited restrictions on livestock operations | |
| (2) | When by-law does not apply to livestock operation | |
| 188 | Alteration of boundaries | |
| 189 | Duties of minister | |
| (2) | Minister may provide planning assistance | |
| 191 | Act prevails | |
| 192 | Protection from liability | |
| 193 | Regulations by L.G. in C. | |
| (2) | Ministerial regulations | |
| PART 14 | ||
| TRANSITIONAL | ||
| INTERPRETATION | ||
| 194 | Definitions | |
| (2) | Planning statement deemed development plan | |
| (3) | Planning scheme deemed zoning by-law | |
| MATTERS UNDER THE FORMER ACT |
||
| 195 | Planning districts continued | |
| (2) | Board of district continued | |
| (3) | Adopting by-laws | |
| 196 | Development plan by-law continues | |
| 197 | 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 | Zoning by-law deadline | |
| (2) | Exception | |
| 203 | Extension of deadline | |
| DEVELOPMENT APPROVAL | ||
| 204 | Applications before Act in force | |
| 205 | Transitional approval requirements | |
| 206 | Approval required | |
| (2) | Exception | |
| 207 | General development approval | |
| 208 | Small livestock operation approval | |
| 209 | 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 | |
| 210 | Subdivision applications | |
| (2) | Additional requirements | |
| (3) | Additional condition of approval | |
| 211 | Transitional regulations | |
| (2) | Timing of regulations | |
| PART 15 | ||
| CONSEQUENTIAL AND CONDITIONAL AMENDMENTS |
||
| PART 16 | ||
| REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE |
||
| 218 | Repeal | |
| 219 | C.C.S.M. reference | |
| 220 | Coming into force | |
| (2) | Coming into force: section 217 | |