The Planning Act

C.C.S.M. c. P80

The Planning Act

Table of Contents

1 Definitions
(2) Reference to "Act" includes regulations
2 Application
3 Application to unorganized territory
4 Provincial land use policies
(2) Application to Winnipeg
(3) Contents of policies
5 Overview
6 Definition of "regional member municipality"
7 City of Winnipeg
8 Capital Planning Region
(2) Included municipalities and boundaries
(3) Regional member municipalities may be changed
9 Minister may establish planning region
(2) Considerations and consultations when forming planning region
(3) Contiguous municipalities
(4) Name and boundaries
10 Referral of proposal to Municipal Board
(2) Content of proposal
(3) Consultation and hearing
(4) Recommendation to minister
10.1 Mandate of a planning region
(2) Related activities
10.2 Planning region powers
(2) General powers
(3) Real property may be acquired by expropriation
(4) Agreements
10.3 Regional planning by-law
(2) Requirements for regional plan
(3) Maps and statement of objectives
(4) Consistency with provincial land use policies
10.4 Process for adopting and amending regional plans
(2) Process to be based on development plans of planning districts
(3) Ministerial approval
(4) Initiating amendments to a regional planning by-law
(5) Regional plan not subject to appeal
(6) Compliance with plans
10.5 Review
10.6 Preparation and review of regional plan
10.7 Orders of minister re regional plans
(2) Minister may order, amend or replace plan by-law
(3) Referral to Municipal Board
(4) Consultation and hearing
(5) Recommendation to minister
(6) LG in C may order adoption
(7) Effect of order
10.8 Effect of regional plan
(2) Three-year transition for by-laws
(3) Exception for bringing plans into alignment
10.9 Limitation on regional member municipalities
(2) Regional planning by-law is effective immediately
10.10 Regional planning board may require compliance
(2) Injunction or other order
(3) Decision of the Court
10.11 Planning region is a corporation
(2) Application of Corporations Act
10.12 Board of directors
10.13 Composition of board
(2) Appointments continue
(3) Vacancy does not impair board's powers
10.14 Financial contributions
(2) If no agreement
10.15 Annual budget for operations
(2) Fiscal year
10.16 Financial records and systems
(2) Auditor
(3) Records to be publicly available
10.17 Annual report
10.18 By-laws — administrative matters
(2) By-laws — additional matters
(3) By-laws inconsistent with Acts
10.19 Dissolving or amending boundaries
(2) Distribution of assets and liabilities
10.20 Application
(2) Effect of regional plan
(3) Administration and enforcement of by-laws
(4) Costs
(5) Amendments to a regional plan
10.21 Regulations
(2) Application of regulations
11 Inland Port Special Planning Area
(2) Regulations re special planning area
(3) Name and boundaries
(4) Consultation required
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
(7) Impact of regional plans
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
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
13 Role of municipalities
14 Role of planning districts
15 Agreements
(2) Additional responsibilities
16 Application to establish district
(2) Resolutions
(3) Requirement for public hearing
17 Establishment of planning district
(2) Contents of regulation
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
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
31 Planning commissions
32 By-law requirements
(2) Composition of commission
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
37 Resolutions
38 Deemed hearing by board or council
39 Commission must meet all 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
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
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
(2.1) Consultation with minister and region
(3) Method of review
(4) By-law to be re-enacted or replaced
60 Order
61 Minister may amend or replace by-law
(2) Referral to Municipal Board
(3) Approval by Order in Council
62 Policies do not apply
(2) Policies apply to amendments and review
62.1 Consideration of water statutes
62.2 Drinking water and wastewater management plans
(2) Minister's order for plans to be prepared
(3) Content
(4) Interpretation — "capital region"
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
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
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
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
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
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
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
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
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
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
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.
114 Hearing date
(2) Notice of hearing date
(2.1) Publishing or posting notice
(3) Notice of T.R.C. report
115 Hearing
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
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
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
123 Restriction on approvals
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
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
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
(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
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
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
133 Six-month wait before applying again
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
137.2 Prohibition — advertising future school buildings
(2) Exception
(3) Definitions
137.3 Offence
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
142 By-laws establishing fees and charges
(2) Examination and approval services
143 Levies established by by-law
(2) Establishment of reserve funds
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
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
146 Subdivision regulations
(2) Regulations may be limited
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
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
151.1 Agreements
(2) Purpose
(3) Content
(4) Effect of agreement
(5) Definitions
152 Meaning of "minister"
(2) Definitions from Northern Affairs Act
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
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
162 Approving authority for subdivision
163 Sending notice
(2) Deemed receipt
164 Alternate service
165 Notice for written submissions
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
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
181 Offences
(2) Continuing offences
(3) Directors and officers
182 General penalty
(2) Orders in addition to penalty
183 Time limit for prosecution
184 Designated employees and officers
185 Third reading deadline does not apply
186 Records of planning regions and planning districts
187 Limited restrictions on livestock operations
(2) When by-law does not apply to livestock operation
188 Alteration of boundaries
(2) Alteration of boundaries — regions
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
194 Definitions
(2) Planning statement deemed development plan
(3) Planning scheme deemed zoning by-law
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
201 Development plan by-law deadline
202 Zoning by-law deadline
(2) Exception
203 Extension of deadline
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
212 to 216 [modifications corrélatives]
217 [conditional amendment]
218 Repeal
219 C.C.S.M. reference
220 Coming into force
(2) Coming into force: section 217