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The Planning Act
This is an unofficial archived version of The Planning Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. P80

The Planning Act

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

Definitions.

1

In this Act,

"approving authority" means

(a) the minister, or

(b) the board of a district that is authorized by the minister, or

(c) the minister responsible for the administration of provincial park lands under The Provincial Park Lands Act;. ("autorité compétente")

"basic planning statement" means a statement of objectives as described in section 36; ("énoncé d'aménagement de base")

"board" means the board of a district established under section 12; ("commission d'aménagement" ou " commission")

"building" includes any well, pipe line, excavation, cut, fill, transmission line or other erection or structure, or any part thereof, and also includes any addition to or extension of a building and any chattel that is attached to any structure or land or that is installed therein or thereon; (" bâtiment")

"building permit" means a permit issued by a municipality, planning district, or other appropriate authority authorizing the construction or alteration of all or part of any building; ("permis de construction")

"building site" means the location on which construction of a building is about to commence or is in progress; ("site de construction")

"clerk" includes

(a) the clerk, secretary-treasurer, or secretary of a municipality or planning district, and

(b) the resident administrator of a local government district; ("greffier")

"conditional use" means the use of land or building which may be permitted in any particular zoning district as provided for in a zoning by-law or planning scheme; ("utilisation conditionnelle")

"council" means

(a) the council of a municipality,

(b) the resident administrator of a local government district,

(c) in unorganized territory, the Minister of Municipal Affairs,

(d) in provincial park lands, the minister responsible for the administration of those lands under The Provincial Park Lands Act; ("conseil")

"crown reserve" means land which vests in the Crown but which is not dedicated to the public; ("réserve domaniale")

"development" means,

(a) the carrying out of the construction, erection or placing of any building or excavation or other operation on, over or under land, or

(b) the making of any change in the use or intensity of use of any land or buildings or premises; ("mise en valeur")

"development permit" means a permit issued under a planning scheme or zoning by-law, authorizing development, and may include a building permit; ("permis d'aménagement")

"development plan" means a plan, policy and program, or any part thereof, approved under this Act, covering any area of land defined therein, designed to achieve stated objectives and to promote the optimum economic, social, environmental and physical condition of the area, and consisting of the texts, maps or illustrations describing the program and policy; ("plan directeur")

"highway" means any place or way, including any structure forming part thereof, which or any part of which the public is ordinarily entitled or permitted to use for the passage of vehicles or pedestrians, with or without fee or charge therefor, and includes all the space between the boundary lines thereof whether or not used for vehicular or pedestrian traffic; and, without restricting the generality of the foregoing, includes roads, road allowances, streets, lanes, thoroughfares, and other means of communication dedicated to the public use as highways, or opened or made as highways under any Act of the Legislature, and any part of a highway as so defined, and also includes all bridges, subways, walkways, underpasses, grade separations, piers, wharves, ferries, and squares, and the road improvements thereon, dedicated to the public use; but does not include any area designed or intended, and primarily used, for the parking of vehicles and the necessary passageways thereon; ("route")

"instrument" means a certificate of title, certificate of charge, book, plan or document in writing relating to a dealing with land, or creating a mortgage, encumbrance, or lien thereon, or evidencing title thereto, or a duplicate thereof; ("instrument" )

"land" means land, messuages, tenements, hereditaments, corporeal and incorporeal, of every kind and description, whatever the estate or interest therein, and whether legal or equitable, together with all paths, passages, ways, watercourses, liberties, privileges, and easements, appertaining thereto, and all trees and timber thereon, and all mines, minerals, and quarries, unless specially excepted; ("bien-fonds")

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")

"municipality" means a city, town, village, rural municipality, local government district or other municipal organization; ("municipalité")

"owner" means a person who appears by the records of the proper land titles office to have any right, title, estate or interest in land and includes the agent of such a person in possession or occupation of the land with the express or implied consent of the owner; ("propriétaire")

"parcel" means the aggregate of all land described in any manner in a certificate of title; ("parcelle")

"plan of subdivision" means a plan prepared in accordance with The Real Property Act; ("plan de lotissement" )

"planned unit development" means a land development project planned as an entity in accordance with a unitary site plan which permits flexibility in siting of building, mixture of housing types and land uses, usable open spaces, and the preservation of significant natural features; ("plan particulier d'urbanisme")

"planning district" means a planning district established under this Act; ("district d'aménagement")

"planning scheme" means a statement of policy with respect to the use and development of land and the use, erection, construction, relocation and enlargement of buildings within a defined area and includes an amending planning scheme, an initial planning scheme, and a partial planning scheme adopted or carried out under any former Planning Act; ("schéma d'aménagement")

"public authority" means a minister of the Crown or any council, district planning board, school board, hospital board or other public body with power to use or develop land for public or community purposes; ("autorité publique")

"public reserve" means a parcel of land required under section 70 or reserved for a use set out in section 73, and includes "public reserve" within the meaning of The Real Property Act; ("réserve publique")

"registered owner" means a person

(a) who is the registered owner of land that is subject to The Real Property Act, as that expression is defined in that Act, or

(b) who is the owner of a freehold estate in land that is not subject to The Real Property Act and who is the grantee named in a valid conveyance of the land that is registered under The Registry Act, or

(c) who is registered under The Condominium Act as the owner, as defined in that Act, of a unit under that Act; ("propriétaire inscrit")

"resolution" includes any report or part thereof adopted by a council or board of a district; ("résolution")

"shoreland" means

(a) land within 1,000 feet of the ordinary high water mark of a lake, sea or inlet thereof, or

(b) land within 300 feet of the ordinary high water mark of a river, stream, watercourse, creek, spring or other body of water; ("bien-fonds riverain")

"street" means any public highway, lane, park, square, subway, bridge, wharf, thoroughfare or way or any part thereof; ("rue")

"structural alteration" means the construction or reconstruction of supporting elements of a building or other structure; ("modification de structure")

"subdivision" means the division of a parcel by an instrument including a plan of subdivision, conveyance, deed or mortgage; ("lotissement")

"works" includes buildings, walls, bridges, trestlework, dams, canals, locks, tunnels, subways, wharves, piers, ferries, viaducts, aqueducts, embankments of streams, ditches, culverts, drains, sewers, vaults, mines, wells, roads, pavements, sidewalks, pathways, pedestrian decks or tunnels, street railways, the towers, poles, lines and equipment of transportation, telephone, hydro or transit systems, harbours, docks, booms, excavations, and fabrics made, built, constructed, erected, extended, enlarged, repaired, improved, formed or excavated by means of, or with the aid of, human skill and human, animal, or mechanical labour; ("ouvrage")

"zoning by-law" means a by-law passed by the council of a municipality under Part V. ("règlement de zonage")

PART I

ADMINISTRATION

Officers and employees.

2

Such officers and employees as may be deemed necessary for the purposes of this Act may be appointed or employed as provided in The Civil Service Act.

Minister may make grants.

3

The minister may make grants to any organization engaged in or constituted for the purpose of carrying out programs designed to foster and promote public understanding of and participation in planning.

Minister may provide p|anning assistance.

4

The minister may, upon request, provide technical planning assistance to

(a) a branch, department or agency of the government of the province;

(b) the Government of Canada;

(c) a municipality;

(d) a planning district; or

(e) a government or agency of another province; on such terms and conditions as he may consider advisable.

PART II

PROVINCIAL LAND USE PLANNING

Duties of minister.

5

The minister may

(a) initiate and make recommendations to the Executive Council respecting the development of provincial land use policies;

(b) co-ordinate federal, provincial and local government land use policies and programs as they relate to provincial policies and programs;

(c) inquire into and study any matter pertaining to land use, and, if considered advisable, make recommendations to the Executive Council;

(d) recommend to the Executive Council, the establishment of special planning area and the approval of a development plan for the special planning area;

(e) recommend to the Executive Council the establishment of a planning district;

(f) recommend to the Executive Council the approval or rejection of district and municipal development plans.

Orders of Lieutenant Governor in Council.

6

The Lieutenant Governor in Council, on the recommendation of the minister, may

(a) establish provincial land use policies;

(b) establish a special planning area;

(c) approve a development plan for a special planning area, planning district or municipality;

(d) establish a planning district.

Planning board.

7

The Lieutenant Governor in Council may appoint an Inter-departmental Planning Board consisting of not less than three members.

Chairman and vice-chairman.

8(1)

The Lieutenant Governor in Council shall designate a member of the board to be chairman and a member to be vice-chairman thereof.

Rules and procedure.

8(2)

The board may make rules to govern its own procedure.

Duties of the board.

9

The board shall

(a) advise and assist the minister and government departments and agencies in formulating policies affecting the use and development of land;

(b) advise and assist any public authority in the planning and regulation of use and development of land and co-ordinate the major land use planning activities of such public authorities;

(c) review submissions from the minister for the establishment of special planning areas and planning districts and make recommendations thereon to the minister;

(d) review special planning area, district and municipal development plans and make recommendations thereon to the minister;

(e) perform any other duties assigned to it under this Act or any other Act or by the Lieutenant Governor in Council.

Recommendation for special planning areas by the minister.

10(1)

The minister may recommend to the Executive Council the establishment of an area as a special planning area to provide for

(a) the orderly development of parks, grounds or sites for recreational, governmental or educational institutions or other similar undertakings of a public or quasi-public nature in respect of which public moneys may be expended;

(b) the protection of dams, reservoirs, roads, buildings or other undertakings or works in respect of which public moneys may be expended;

(c) the protection and conservation of the environment and of natural resources such as lakes, rivers, shorelands, forests, agricultural lands and recreational lands, and lands adjacent to or surrounding airports;

(d) the preservation of visual corridors and recreation areas;

(e) the preservation of the landscape and natural beauty of the area;

(f) the preservation of historic and archaeological structures and sites, and areas adjacent thereto;

(g) the creation and preservation of wilderness areas and wild animal and wild bird sanctuaries;

(h) the orderly development of a new townsite or a townsite in which a new industry has been established or is expected to be established, if it is considered that the industry will have a significant influence beyond the place where it is or is expected to be established or if it is expected that the industry will be the cause of a marked increase in the demand for urban services in the community;

(i) the rehabilitation and restoration of mining areas; or

(j) any other thing that may be considered necessary for the purpose of preventing damage to or the destruction of lands, sites or buildings, or of preventing interference with the use of lands, sites or buildings.

Designation of special planning areas.

10(2)

The Lieutenant Governor in Council may, subject to subsection (3), designate an area of land to be a special planning area, where the area has a special provincial or regional significance.

Consultation by minister.

10(3)

Before an area is designated as a special planning area, the minister shall consult with the council of the municipality or the councils of the municipalities in which the area or any part thereof is situated; and after consultation report thereon to the Lieutenant Governor in Council.

Order in council establishing special planning area.

10(4)

An order in council establishing a special planning area shall

(a) state the reasons for establishing the special planning area;

(b) define the boundaries of the area;

(c) suspend, with respect to the area, for such period of time as the Order states, the operation of any district or municipal development plans, zoning by-laws or building by-laws;

(d) state, that during the period mentioned in clause (c), no development shall be undertaken within the special planning area without the written permission of the minister following consultation with the municipalities or district: (e) set out the general principles for guiding the control and administration of development in the area pending the preparation and adoption of a development plan, land use control regulations, and such other regulations necessary to achieve the purposes for which the area is established;

(f) establish an advisory committee of such number of municipal councillors as set out in the Order, for the designated area to advise and make recommendations to the minister in respect to the preparation and implementation of the development plan, zoning by-law or any other by-law or regulation required for the special planning area.

Publication and notice of order in council.

10(5)

Subsections 13(2), (3) and (4) apply, with such modifications as the circumstances require, to an order in council establishing a special planning area.

Contents of special planning area development plan.

10(6)

A development plan for a special planning area shall contain

(a) statements of policy with respect to some or all of the matters set out in clause 25(4)(a) but adapted to the dimensions of the area:

(b) such proposals as are, in the opinion of the minister, advisable for the implementation of policies contained in the plan.

Consultation with municipalities and Municipal Board hearing.

10(7)

Prior to making a recommendation with respect to the approval of a development plan for a special planning area under clause 5(d), the minister shall direct The Municipal Board to,

(a) consult with the councils of affected municipalities; and

(b) hold a public hearing to consider submissions from any person and to submit a report thereon with recommendations to the minister.

Form of notice.

10(8)

The notice of the public hearing referred to in subsection (7) shall be given

(a) by publishing a copy thereof, at least once a week for two successive weeks in a daily newspaper in the province, the first of such notices to be published at least 21 days before the date fixed for the public hearing referred to in clause (7)(b);

(b) by sending a copy thereof to every member of the Legislative Assembly and to each municipality and planning district within and adjacent to the area affected; and

(c) by depositing a copy thereof in the Provincial Library;

and shall state

(d) that on the day and at the time and place stated in the notice, a meeting will be held to hear representations from any person with respect to the proposed development plan; and

(e) that a copy of the proposed development plan may be inspected by any person at a place and time specified therein.

Power to acquire land.

10(9)

For the purposes of implementing any feature of a development plan or carrying out the intent of the Order in Council, the government may acquire by purchase, lease or otherwise, or, subject to The Expropriation Act, take and expropriate and hold any land or interest therein within the area covered by the plan, and sell, lease or otherwise dispose of any such land or interest therein.

Power of designated minister.

10(10)

The Lieutenant Governor in Council may designate any member of the Executive Council to implement any feature of the development plan referred to in subsection (1) or (6).

Agreements with municipalities.

10(11)

For the purposes of carrying out the intent of the plan, the government may enter into an agreement providing for a sharing of the costs of the implementation of any feature of the plan with

(a) a municipality, or

(b) a district board; or

(c) the government of another province: or

(d) the Government of Canada; or

(e) any one or more of them jointly.

PART III

DISTRICT PLANNING

Establishment of district and boards authorized.

11(1)

There may be established, as herein provided, planning districts consisting of the whole or parts of two or more municipalities, and in respect of each district, a planning board having the powers and duties set out in this Act.

Area to be included in a district.

11(2)

The area included in a district shall be described in the order of the Lieutenant Governor in Council establishing the district and, in so far as is practicable, shall comprise such lands as would constitute a logical, rational area for planning purposes based on, but not limited to such considerations as topographic features, the extent of existing and probably urban development, the existence of important agricultural, resource, conservational, recreational, or other urban or rural concerns, the existence or desirability of uniform social and economic interests and values and the existence of planning concerns common to the municipalities or communities concerned, and such other factors as the Lieutenant Governor in Council may deem necessary to consider.

Application to establish district.

12(1)

An application to establish a planning district may be initiated by

(a) the minister; or

(b) a municipality; or

(c) more than one municipality jointly.

Submission to minister for recommendation.

12(2)

An application referred to in subsection (1) shall be submitted to the minister who shall refer the application to The Municipal Board.

Consultation with municipalities and Municipal Board hearing.

12(3)

Upon receipt of an application under subsection (2), The Municipal Board

(a) may consult with the councils of the affected municipalities; and

(b) after giving notice, shall hold public hearings to consider submissions from any person affected by the application.

Form of notice.

12(4)

The notice of any public hearing referred to in subsection (3) shall be given,

(a) by publishing a copy thereof, at least once a week for two successive weeks in a newspaper circulating in the area affected, the first of such notices to be published at least 21 days before the date fixed for the public hearing referred to in clause (3)(b); and

(b) by sending a copy thereof to each municipality within and adjacent to the area affected.

Municipal Board to recommend area.

12(5)

After consultation with the affected municipalities and the completion of hearings held pursuant to subsection (3), The Municipal Board shall recommend the area to be included in the planning district and shall advise the minister accordingly.

Establishment of district

12(6)

Following the recommendation of the area to be included in a planning district by The Municipal Board, the Lieutenant Governor in Council may establish the district to comprise the area recommended by The Municipal Board or such other area as he considers advisable.

Government may be heard.

12(7)

The minister may authorize any person to appear before The Municipal Board in any hearing held under subsection (3), to make representations for and on behalf of the government.

Lands in additional zone.

12(8)

Where any part of the area included in a planning district is within the additional zone, as described under subsection 4(2) of The City of Winnipeg Act, the jurisdiction of the City of Winnipeg over that area shall cease and this Act shall apply on, from and after the date of establishment of the planning district; but every by-law, order or plan in force on the effective date of the establishment of the planning district continues in force within that part of the municipality until the board of a district or the council of a municipality as the case may be, amends, repeals or replaces the by-law, order or plan, in accordance with the provisions of this Act.

Order in council establishing district.

13(1)

An order in council establishing a planning district shall set out

(a) the boundaries of the district;

(b) the name of the district;

(c) the name of the board of the district;

(d) subject to section 17, the number of members of the district board;

(e) prescribe the proportions in which funds, if any, are to be contributed to the district board by the municipalities in the district and by the government to meet the expenses of the board;

(f) such other matters as are necessary to carry into effect the purposes and intent of this Act.

Publication in Gazette.

13(2)

An order in council establishing a planning district is not a regulation to which The Regulations Act applies; but the Order in Council does not have any force or effect until it has been published in one issue of the Manitoba Gazette, and is effective on, from and after the date of such publication.

Evidence of establishment.

13(3)

The publication of an order in council under subsection (2) is conclusive evidence of the establishment of the district and that the requirements of this Act have been complied with in the establishment thereof.

Notice of Order in Council.

13(4)

Public notice of the order in council establishing a planning district shall be given by the minister

(a) by publishing a notice in one issue of a newspaper circulating in the area affected to the effect that the planning district has been established; and

(b) by sending a copy of the order in council to the affected municipalities.

Incorporation.

14

Upon the establishment of a district, the members of the board of the district and their successors in office are a body corporate under the name of the board as set out in the Order in Council establishing the district.

Change of name.

15(1)

The Lieutenant Governor in Council may, on petition of the board of the district, and upon such notice to the included municipalities as he deems sufficient, change the name of the district and make the consequent changes in the name of the board which shall continue as a corporate body under the new name.

Liability, etc. of board unchanged.

15(2)

A change in the name of a planning district and in the name of its board under subsection (3) does not affect any obligation, liability, right of action of the district or board existing at the time of the change.

Change of boundaries and dissolution.

15(3)

On the application of the board of a district or the council of a municipality the Lieutenant Governor in Council may

(a) change the boundaries of the district; or

(b) dissolve the district;

and the provisions of sections 11, 12 and 13, with such modifications as the circumstances require, apply to any such change or dissolution.

Distribution of assets on dissolution.

15(4)

In making an order for the dissolution of a district the Lieutenant Governor in Council may determine the manner in which the assets and liabilities of the district are to be distributed.

Seal.

16(1)

The board of a district shall, at its first meeting, adopt a corporate seal.

Use of seal after change of name.

16(2)

Where the name of a district and of the board thereof is changed, the seal used by the board before the change of the name of the district shall continue to be its seal until a seal bearing the new name of the board is adopted.

Membership of board.

17(1)

The number of members of the board of a planning district shall be determined by the Lieutenant Governor in Council and shall be composed of

(a) one or more members of the council of each municipality or the advisory council of each local government district, nominated by the council of the municipality or the advisory council of the local government district; and

(b) at the request of the board of the district, a person employed by the government and designated by the minister where a substantial part of the land in the district is Crown land.

Term of office of board members.

17(2)

A member of a district board, other than the member designated under clause (l)(b). shall hold office for a term of three years.

Cessation of membership on board.

17(3)

A member of a district board who is a member of the council of a municipality or the advisory council of a local government district shall cease to be a member of the board when he ceases to be a member of the council or advisory council.

Meetings of the board.

18(1)

A district board shall hold meetings at such times and such places as are fixed from time to time by the by-laws of the board.

Quorum.

18(2)

A majority of the members of a district board constitute a quorum for the transaction of business.

Rules and procedure.

18(3)

A district board may by by-laws make and adopt rules regulating the transaction of business and may appoint committees.

Chairman and acting chairman.

18(4)

Subject to subsection (5), a district board shall, at its first meeting, elect a chairman from its members and shall appoint one of its members as acting chairman to preside over any meeting of the board over which the chairman is by reason of his absence, inability or any other reason, unable to preside.

Civil servant not eligible as officer.

18(5)

The member of a district board designated under clause 17(l)(b) is not eligible to be elected as chairman of the board, or appointed as an officer of the board.

Voting by chairman.

18(6)

The chairman or acting chairman of a district board is entitled to cast his vote as a member of the board; and in the event of a tie vote, the motion shall be deemed to be lost.

Remuneration.

18(7)

A district board shall, by by-law, provide for paying to each member of the board, other than the member designated under clause 17(l)(b), such remuneration as may be fixed by the by-law, and may pay the actual travelling expenses of a member of the board, officer or employee duly authorized by resolution of the board, to go on a special journey beyond the boundaries of the district on the business thereof.

Majority vote.

19(1)

All questions at a meeting of a district board shall be decided by a majority vote.

General powers as to by-laws.

19(2)

Except as herein otherwise provided, a district board may enact by-laws that are not contrary to law or inconsistent with the provisions of this Act

(a) for governing its proceedings and the conduct of its affairs and business;

(b) respecting the calling of meetings of the board; and

(c) prescribing and regulating the fees and charges to be paid by any person in respect of services rendered by any officer or employee of the board;

and may enact such other by-laws and rules as may be necessary to discharge its duties and functions.

Recording of by-laws.

19(3)

Every by-law of a district board shall be recorded in the minutes thereof under the seal of the board and shall be signed

(a) by the chairman or the person who presided at the meeting at which the by-law was passed; and

(b) by the secretary.

Proof of by-laws.

19(4)

A copy of a by-law or resolution of a district board certified by the secretary under his hand to be a true copy, shall be received as evidence in any court or other tribunal without proof of the seal or the signature of the secretary.

Appointment of staff by board.

20

The board of a district may employ a secretary, a treasurer, or a secretary-treasurer, and such other officers and employees as may be necessary, and fix their remuneration.

General powers of board.

21

Subject as herein otherwise provided, a district board may exercise the powers and discharge the duties conferred or charged upon it under this Act and may enter into any contract or agreement necessary to enable it to exercise its powers or discharge its duties under this Act and in general has all the rights and is subject to all the liabilities of a corporation; and without restricting the generality of the foregoing, the board may

(a) acquire in any manner, and hold and alienate, both real and personal property as it considers advisable;

(b) expend its funds for any of the purposes of the board;

(c) promote public interest and participation in the planning and orderly development of the district;

(d) enter into any contract or agreement with any person for the purpose of the development of land;

(e) enter into an agreement with any municipality or with any person or with both a municipality and a person, for the doing jointly with that municipality or person of any act or thing that it has power to do within the district;

(f) enter into agreements with any municipalities within the district and the government or any agency of the government for the purpose of establishing and maintaining transportation and utility systems and recreational facilities to be used in common by the member municipalities of the district; and

(g) enter into agreements with any municipality within the district, the government or any agency of the government and any adjoining planning district for the purpose of developing and maintaining housing facilities.

DUTIES OF BOARD

Responsibilities of board.

22(1)

A district board is responsible for the preparation, adoption, administration and enforcement of a district development plan or basic planning statement or any amendment thereof: and in addition it is responsible for the administration and enforcement of

(a) the zoning by-law or a planning scheme of any municipality within the district;

(b) the building by-law of any municipality within the district; and

(c) the by-law for minimum standards of maintenance and occupancy of buildings of any municipality within the district.

Other duties of board.

22(2)

A district board shall also

(a) request the advice and assistance of the council of any member municipality in the preparation of the district development plan or basic planning statement or any amendment thereto;

(b) review and co-ordinate policies and programs relating to the use of land and the provisions of public facilities by municipalities within the district;

(c) advise the minister as may be required from time to time in all matters relating to the district;

(d) perform such other duties as may be vested in it by the minister or may be delegated to it by a council of a member municipality; and

(e) prepare and submit to the member municipalities an annual report of its activities and an operating budget for the next ensuing fiscal year on or before March 1 of each year.

Development officer.

22(3)

A district board shall appoint a development officer, who on behalf of member municipalities, may

(a) subject to such conditions and restrictions as council impose, issue development permits; and

(b) allow such minor variations to the requirements of the by-law or planning scheme as authorized under section 58.

Hearing of objections.

22(4)

Subject to subsection 48(7), objections to a zoning by-law or planning scheme to which a member municipality has given second reading, other than objections made by a district board or the council of an adjoining municipality, shall be filed with and heard by the district board.

Board as approving authority.

22(5)

Where the board of a district has adopted a development plan under this Act, the minister may, upon the application of the board, authorize the board to act as an approving authority for the area under its jurisdiction subject to such conditions as the minister deems necessary.

Agreement for services and grants.

23

The minister may make an agreement with the board of a district to assist the district

(a) by providing technical and administrative assistance; and

(b) by payment to the district of financial grants; subject to such terms and conditions as he may consider advisable.

PART IV

DEVELOPMENT PLANS

Preparation and adoption of development plan.

24(1)

The minister may, after consultation with the board of a district or the council of a municipality, in writing order

(a) the board of the district; or

(b) the council of a municipality;

to prepare and adopt a development plan for the district or the municipality, as the case may be, within two years from the date of the order or within such further time as the minister may allow.

Order to amend plan.

24(2)

Where pursuant to subsection (1) or (4) the board of a district or the council of a municipality has adopted a development plan, the minister may after consultation with the board or council of the municipality, in writing order the board or the municipality, as the case may be, to prepare and adopt an amendment to the development plan within such time as may be specified in the order.

Failure to comply with order.

24(3)

Where the board of a district or the council of a municipality fails to comply with an order under subsection (1) or (2), the minister may, do all those things that are required to be done by the board or the municipality for the preparation and adoption of a development plan or amendment thereto.

Preparation and amendment of plan.

24(4)

Subject to the provisions of this Act, the board of a district or the council of a municipality may, after advising the minister, prepare a development plan or any amendment thereto.

Purpose of a development plan.

25(1)

The purposes of a development plan are

(a) to serve as a framework whereby the district or the municipality and the community as a whole may be guided in formulating development policies and decisions;

(b) to identify the factors relevant to the use and development of land;

(c) to identify the critical problems and opportunities concerning the development of land and the social, environmental and economic effects thereof;

(d) to set forth the desired timing, patterns and characteristics of future development of land and to determine the probable social, environmental and economic consequences thereof;

(e) to establish and specify the programs and actions necessary for the implementation of the development plan;

(f) to outline the methods whereby the best use and development of land and other resources in adjacent municipalities, districts, or affected areas immediately abutting thereto, may be co-ordinated;

(g) to identify those matters of government concern which affect the use and development of land and other resources within the district or the municipality.

Advice and consultation.

25(2)

In the preparation of a development plan, the board of a district or the council of a municipality, as the case may be, shall

(a) seek advice and assistance of a qualified planning officer or consultant employed or appointed by the board or the council;

(b) consult with any public authority concerned; and

(c) hold public meetings and publish information;

for the purpose of obtaining the participation and co-operation of the inhabitants of the district or municipality, as the case may be, in determining the solutions of problems or matters affecting the development of the area.

Studies and surveys required.

25(3)

The development plan shall be prepared on the basis of studies and surveys of land use, including but not limited to, agriculture, forestry, wildlife, mineral extraction, population growth, the economic base of the area, its transportation and communication needs, public services, social services, the capacity of the natural resources and environment to accommodate development, and any other matter related to the present or future physical, social or economic factors relevant to the preparation of the plan.

Contents of development plan.

25(4)

A development plan shall contain,

(a) statements of aims, objectives and policy with respect to some or all of the following matters

(i) the development and use of land and other resources,

(ii) the conservation, management and improvement of the physical and social environment,

(iii) the control and abatement of all forms of pollution or activities deemed to be detrimental to the natural environment, (iv) the establishment and maintenance of land banks to reserve land for future use and to ensure the orderly, economical, convenient and compatible development of land,

(v) the preservation, protection or enhancement of areas of land, buildings and structures by reason of their historical, archaeological, geological, architectural, environmental or scenic significance, (vi) proposals relating to the use, changes in use or in the intensity of use of residential, commercial, industrial, recreational and open spaces, institutional, and other activities on or affecting land,

(vii) the provision of public services and facilities including,

(A) sewage collection, treatment and disposal,

(B) water supply and distribution,

(C) garbage disposal,

(D) educational and cultural institutions,

(E) recreational facilities, parks, playgrounds and other public open spaces,

(F) fire and police facilities,

(G) transportation and communication facilities,

(H) facilities for the provision of health and social services,

(I) preservation of buildings and sites of historical interest,

(viii) proposals dealing with

(A) the control of hazard areas such as flood plains, soil erosion areas, erosion prone slope lands, valleys and banks of waterways, marsh areas, head water areas, and similar conditions,

(B) the management and preservation of agricultural land and activities, forested areas, natural and wildlife areas and water storage areas,

(C) the protection, restoration, reclamation or use of shoreland,

(D) the subdivision of land in rural areas and the establishment of limited development areas for agriculture, water storage, wildlife,

(E) the fringe areas of cities, towns, villages, hamlets and other built-up areas,

(F) the location and creation of new communities and settlements,

(G) the development, control, rehabilitation and reclamation of top soil removal areas, gravel and sand pits, quarries and other mineral deposits,

(ix) the spatial distribution of residential development, and the renewal, rehabilitation and improvement of neighbourhoods, and urban cores,

(x) the co-ordination of programs of the board of a district or the council of a municipality, as the case may be, relating to the economic, social and physical development of the district or of the municipality, as the case may be,

(xi) the programming of public investment in respect of public and private development, in terms of cost and available financial resources, including the phasing of the development or redevelopment of various areas,

(xii) guideline for land use control measures and the subdivision of land,

(xiii) the fiscal capacity of the municipality to support the planned development,

(xiv) such matters other than those mentioned in this clause as are, in the opinion of the board, or council advisable;

(b) a map or series of maps, showing the division of all or part of the land in the district or municipality, as the case may be, into areas of permitted land uses or permitted densities of population, or both, as the board or council as the case may be, considers necessary for the purposes of the development plan; and

(c) such proposals as are, in the opinion of the board, or council, advisable for the implementation of policies contained in the plan.

Periodic review of development plan.

26

Every development plan shall be reviewed by the board or council from time to time but not later than,

(a) such time as the minister considers it necessary; or

(b) when the board or council considers it necessary; or

(c) five years after the coming into effect of the plan or from the last review, as the case may be.

Adoption of development plan.

27(1)

The board of a district or council of a municipality shall by by-law adopt a development plan.

Consultation with municipal councils.

27(2)

Before giving a development plan bylaw first reading, the board of a district shall consult with the councils of the member municipalities.

Public notice of meeting.

28(1)

The board of a district or council of a municipality shall after the first and before the second reading of a development plan by-law give public notice,

(a) that, on the day, and at the time and place stated in the notice, a meeting will be held to receive representations from any person with respect to the proposed development plan; and

(b) setting out the general intent of the development plan and stating that a copy of the proposed development plan may be inspected by any person at a place, and at times stated in the notice, and the person may make copies thereof or take extracts therefrom.

Adopting by-law and plans available for inspection.

28(2)

The board of a district or council of a municipality shall make available for inspection a copy of the proposed plan, including all maps and sketches forming part thereof, and shall permit any person to inspect it and, subject to the payment of such reasonable fee as the board or council may impose, to make copies thereof or take extracts therefrom at the place and during the times stated in the notice.

How notice of meeting given.

28(3)

The notice shall be given,

(a) by publishing a copy thereof in a newspaper having a general circulation in the district or municipality, at least once a week for two successive weeks the first of such notices to be published at least 21 days before the date fixed for the public meeting referred to in clause (l)(a);

(b) by sending a copy thereof to the minister, adjacent municipalities, adjacent planning districts, if any, and the municipalities within the district;

(c) by sending a copy thereof to The City of Winnipeg where the development plan by-law affects a municipality or planning district abutting an additional zone municipality, as that expression is defined in The City of Winnipeg Act; and

(d) in any other manner that the board or council deems advisable.

Representations at public meeting.

28(4)

On the day, and at the time and place stated in the notice, the board or council shall hold a meeting to receive representations from any person on his own behalf or on behalf of another.

Meeting may be adjourned.

28(5)

The board of a district or council of a municipality may receive all representations on the same day, or if thought advisable, adjourn from time to time until all representations are received, and, if the meeting is adjourned, the board or council may subsequently sit and receive the representations on the date fixed for the adjourned meeting.

Representation by government.

28(6)

Subsection 12(7) applies, with such modifications as the circumstances require, to a meeting held under this section.

Action of board or council.

28(7)

The board or council, on receipt of representations referred to in subsections (4) and (5) may

(a) give second reading to the by-law; or

(b) alter the plan and give further notice and hold a meeting in accordance with subsections (1) to (6) before giving second reading to the by-law; or

(c) alter the plan and give second reading to the by-law where the board or council is of the opinion that the alteration does not change the intent of the plan.

Municipal plan as part of district development plan.

29

Provided there are no changes of substance, the development plan or the basic planning statement of a member municipality may be adopted in whole and included as part of a development plan proposed by the board of a district, and the minister may by order provide that no representations shall be received under section 28 with respect to the part of the proposed development plan so adopted and applying solely to that member municipality.

Submission of plan for approval.

30(1)

Forthwith after giving second reading to a development plan by-law, the board of a district or the council of a municipality shall submit to the minister

(a) five certified copies of the development plan by-law;

(b) a statutory declaration of compliance with the requirements of subsections 28(1), (2) and (3) and subsections (2) and (3);

(c) a copy of all written objections, if any.

Publication of notice.

30(2)

Immediately prior to forwarding a copy of a development plan by-law to the minister under subsection (1), the board of a district or the council of a municipality shall cause a notice to be sent by registered mail to all persons who made representations at the meeting referred to in subsection 28(4), stating,

(a) that second reading was given to the development plan by-law;

(b) that any person who has made a representation at the meeting may file an objection with the minister, on or before a date specified in the notice.

Determination of date.

30(3)

The date specified in the notice shall be at least 14 days after the date on which the notice is mailed.

Action of minister.

30(4)

Upon receiving a development plan by-law from the board of a district or the council of a municipality under subsection (1), the minister may require such amendment to the by-law as he. in his discretion, considers necessary.

Reference back to board or council.

30(5)

If, pursuant to subsection (4), the minister does not require any amendment or requires only an amendment which, in his opinion, is not of a substantial nature, he shall send the bylaw back to the board or council, as the case may be, and the board or council, if it desires to proceed further with the by-law shall

(a) make any amendment required by the minister;

(b) forthwith give third reading to the by-law; and

(c) return five certified copies of the by-law to the minister.

Reference to Municipal Board.

30(6)

Where after receiving a development plan by-law

(a) the minister requires an amendment thereto which in his opinion is of a substantial nature; or

(b) there are objections to the by-law that the minister believes should be considered by The Municipal Board;

he shall submit the by-law and objections thereto to The Municipal Board and direct that board to hold a hearing to consider the amendment and the objections.

Public notice of hearing.

30(7)

Where a development plan by-law is referred to The Municipal Board under subsection (6), The Municipal Board shall give public notice,

(a) that, on the day, time and place stated in the notice, a hearing will be held to receive representations from any persons with respect to the proposed amendments and objections to the development plan by-law; and

(b) setting out the general intent of the amendments to be considered at the hearing.

How notice of hearing given.

30(8)

The notice shall be given,

(a) by publishing a copy thereof in a newspaper having a general circulation in the district or municipality, at least once a week for two successive weeks the first of such notices to be published at least 21 days before the date fixed for the public hearing referred to in clause (7)(a);

(b) by sending a copy thereof to any who objected to the by-law, to any person that The Municipal Board deems should receive the notice and to the board or the council, as the case may be;

(c) in any other manner that the Board deems advisable.

Hearing by Municipal Board.

30(9)

Where a development plan by-law is referred to The Municipal Board under subsection (6) The Municipal Board shall

(a) on the date and at the time and place stated in the notice sit and hear any person who appears and desires to give evidence or make representations on his own behalf or on the behalf of another in the matter ; and

(b) submit its report and recommendation to the minister.

Board or council may be represented before The Municipal Board.

30(10)

Where the minister forwards a development plan by-law to The Municipal Board under subsection (6), any person authorized by the board of a district or the council of a municipality for that purpose, may appear before The Municipal Board at all hearings concerning the objections and has the rights of a party to the matter to submit evidence and present argument, either personally or through counsel.

Representation by government.

30(11)

Subsection 12(7) applies, with such modifications as the circumstances require, to a hearing held under subsection (9).

Reference back to council.

30(12)

Upon receipt of the report and recommendations from The Municipal Board, the minister shall send the development plan by-law to the board of the district or the council of the municipality, as the case may be, and the board or the council, if it desires to proceed further with the by-law, shall

(a) make any amendment required by the minister;

(b) forthwith give third reading to the by-law; and

(c) return five certified copies of the by-law to the minister.

L. G. in C. to approve by-law.

30(13)

Upon receipt of the by-law from the board of a district or the council of a municipality pursuant to subsection (5) or (12), the minister shall submit the by-law to the Lieutenant Governor in Council for approval.

L. G. in C. decision not subject to appeal.

30(14)

Where the Lieutenant Governor in Council has approved a development plan by-law, the decision is final and binding on all persons and is not subject to appeal in any court of law.

Effective date of by-law.

30(15)

The effective date of a development plan by-law is the date on which the order in council was made, or such other date as may be specified therein.

Existing development plans revoked.

30(16)

Upon the approval of a district development plan, all previously existing municipal development plans or basic planning statements applicable to or affecting that district are revoked.

Publication of approval.

31

Upon approval of the development plan by the Lieutenant Governor in Council, the board of the district or the council of the municipality, as the case may be, shall publish a notice in a newspaper having general circulation in the area stating that the plan has been approved by the Lieutenant Governor in Council and naming the place where it may be inspected.

Effect of adoption of plan.

32(1)

The adoption of a development plan does not require the board of a district or the council of a municipality to undertake any proposal therein suggested or outlined; but no undertaking or development within the area affected by the development plan shall be carried out that is inconsistent or at variance with the proposals or policies set out in the development plan.

Zoning by-law.

32(2)

Upon the adoption of a development plan the council of a municipality shall enact a zoning by-law within

(a) 12 months; or

(b) such longer period of time as the minister, after consultation with the municipality, may decide.

Amending zoning by-law.

32(3)

Notwithstanding subsection (2), where the council of a municipality has enacted a zoning by-law while the development plan was being prepared, or where a planning scheme for the municipality is in effect, when the development plan is adopted, the council shall amend its zoning by-law or planning scheme as the case may be, within the time set out in subsection (2), to bring it into conformity with the development plan.

Amending development plan.

33

Sections 27 to 32 apply, with such modifications as the circumstances require, to the amendment of a development plan.

Acquisition and disposal of land.

34

For the purpose of implementing any feature of a development plan, a district or municipality may acquire by gift or purchase or by expropriation subject to The Expropriation Act, any interest in land and may sell, lease or otherwise dispose of land or development right so acquired or held, if the land is no longer required.

Preparation of basic planning statement.

35

Where a development plan is not in effect, the board of a district or the council of a municipality, after advising the minister, may, and when so ordered by the minister, shall, prepare a basic planning statement for the district or the municipality or any part thereof.

Purpose of a basic planning statement.

36(1)

The purpose of a basic planning statement is

(a) to provide, by means of a simple statement of objectives and land use policies, an alternative to the more comprehensive development plan for those municipalities or planning districts facing minimal development pressures; or

(b) to provide, by means of an interim statement of objectives and land use policies, general guidelines pending the adoption of a development plan for those municipalities or planning districts facing major development pressures.

Format approval.

36(2)

A basic planning statement shall be prepared in a format approved by the minister.

Contents of a basic planning statement.

36(3)

A basic planning statement shall contain

(a) a statement of objectives and policies for the future development of the area affected;

(b) a statement of objectives to serve as guidelines in the preparation of the zoning by-law and in the approval of subdivisions;

(c) a map or series of maps outlining the land use designation reflecting the policies of the statement prepared pursuant to clause (l)(a);

(d) a statement of its relationship to a special planning area development plan, if any; and

(e) references to the studies and surveys forming the basis of the statement.

Adoption of basic planning statement.

37(1)

The board of a district or council of a municipality may by by-law adopt a basic planning statement.

Consultation with municipal councils.

37(2)

Before giving a basic planning statement by-law first reading, the board of a district shall consult with the councils of the member municipalities.

Public meeting.

37(3)

The board of a district or council of a municipality shall after the first and before the second reading of a basic planning statement bylaw give notice and hold a public meeting, and the provisions of section 28 apply, with such modifications as the circumstances require, to the meeting.

Application of subsecs. 30(1) to (12).

37(4)

Subsections 30(1) to (12) apply, with such modifications as the circumstances require, to a basic planning statement.

Minister to approve by-law.

37(5)

Upon receipt of the by-law from the board of a district or the council of a municipality pursuant to subsection 30(5) or (12), the minister may by order, approve the basic planning statement by-law.

Decision of minister not subject to appeal.

37(6)

Where the minister has by order approved a basic planning statement by-law, his decision is final and binding on all persons and is not subject to appeal in any court of law.

Effective date of by-law.

37(7)

The effective date of a basic planning statement by-law approved under subsection (5) is the date on which the minister's order is made, or such other date as may be specified therein.

Publication of approval.

37(8)

Upon approval of the basic planning statement by-law by the minister, the board of a district or the council of a municipality, as the case may be, shall publish a notice in a newspaper having a general circulation in the area stating that the basic planning statement has been approved and the place where it may be inspected.

Effect of adoption of statement.

37(9)

Section 32 applies, with such modifications as the circumstances require, upon the adoption of a basic planning statement.

Amending basic planning statement.

37(10)

This section applies, with such modifications as the circumstances require, to the amendment of a basic planning statement.

PART V

LAND USE CONTROL

Prohibition of development.

38

No development shall take place, and no development permit shall be issued by the appropriate authority, unless the development conforms with

(a) an adopted development plan for a special planning area, a planning district, or a municipality;

(b) an adopted planning scheme;

(c) an adopted zoning by-law;

(d) an adopted basic planning statement; and

(e) the provisions of this Act.

Interim development control order.

39(1)

The minister may by order, published in the Manitoba Gazette, declare that a planning district, a municipality, or any part thereof, is an interim development control area.

Development control.

39(2)

Within an interim development control area, no development shall take place unless development permit therefor has been obtained from

(a) the board of the district, if the area is within a planning district; or

(b) in all other cases, the council.

Development permit.

39(3)

The board of a district or the council, as the case may be, may in its discretion issue or refuse to issue a development permit or issue a development permit subject to specified terms and conditions, and in exercising its discretion the board or council shall have regard to the conformity of the proposed development to the proposed development plan or basic planning statement, as the case may be.

Expiry of development permit.

39(4)

If the development authorized by a development permit issued under this section is not commenced within 12 months from the date of its issue, the development permit ceases to be valid.

Duration of order.

39(5)

An order made under subsection (1) shall cease to be in effect after a period of time specified therein or upon the adoption of a zoning by-law, whichever comes first.

Publication of notice.

39(6)

The board or council, as the case may be, shall publish a notice of an order made under subsection (1) in a newspaper having a general circulation in the area at least once a week for two successive weeks.

Provision in order.

39(7)

An order made under subsection (1) may provide that a development permit is not required for those types of development specified therein or that a development permit is required for only those types of development specified therein, and subsection (2) shall be construed accordingly.

Development permit required.

39(8)

Upon the adoption of a basic planning statement or a development plan, no development shall take place unless a development permit therefor has been obtained from

(a) the board of the district, if the land is within a planning district; or

(b) in all other cases, the council.

Development permit.

40(1)

Every development permit shall contain a condition, that the development to be carried out thereunder conforms in all respects to the terms, provisions and specifications of the application for the permit as finally approved, and shall be completed within a reasonable period of time.

Building permit.

40(2)

A building permit is not valid unless a valid and subsisting development permit, where such permit is required, has been issued.

Withholding of permit.

40(3)

Notwithstanding any other provision of this Act or the provisions of any building by-law, the council of a municipality or the board of a district may cause a permit for the construction of any building or structure or the use of the land to be withheld for a period of 60 days from the date of the application for the permit.

Rejection of permit.

40(4)

Within the period provided in subsection (3), the council of a municipality or the board of a district shall consider the application for the permit and may reject the application if it is of the opinion that the proposed building, structure or use of land does not conform with the provisions of the development plan, basic planning statement, planning scheme, zoning by-law or this Act, or any amendment, alteration or replacement thereof.

Extension of period.

40(5)

In addition to the period of 60 days referred to in subsection (3), the council of a municipality may withhold the permit for a further 125 days in either of the following situations:

(a) if the council is of the opinion that the proposed building, structure or use of land would not conform to the provisions of the development plan or basic planning statement or an amendment, alteration or replacement thereof that is not adopted but has been authorized by the council of a municipality or board of a district to be prepared for adoption under this Act at the time the application for the permit was made;

(b) at the time application for the permit was made, the council of a municipality had passed a resolution authorizing the preparation of a zoning by-law or amendment thereto or the preparation of an amendment to an existing planning scheme, and a referral of that recommendation was being prepared or had been carried out.

Refusal or granting of permit.

40(6)

Where a development plan or basic planning statement, or an amendment, alteration or replacement thereof or a zoning by-law or amendment thereto or an amendment to an existing planning scheme is adopted within the periods referred to in subsections (3) and (5), the permit applied for may be refused; but where a development plan, basic planning statement, zoning by-law, or any amendment, alteration or replacement thereof, or an amendment to a planning scheme, is not adopted within those periods, the permit applied for shall not be further withheld, and the owner of the land in respect of which the permit was withheld pursuant to subsection (5) shall be entitled to compensation for the damages necessarily resulting from the withholding of that permit: and subsections 52(2), (3) and (4) apply, with such modifications as the circumstances require.

Dwelling units permitted on a parcel.

41(1)

No person shall construct, locate or place or cause to be constructed, located or placed more than one dwelling unit or mobile home on a parcel.

Development officer not to issue permit.

41(2)

A development officer shall not issue a development permit to a person for the construction, location or placing of more than one dwelling unit or mobile home on a parcel.

Exceptions to subsections (1) and (2).

41(3)

Subsections (1) and (2) do not apply where the second or any additional dwelling unit or mobile home

(a) is to be used in connection with or ancillary to a commercial, agricultural or industrial use;

or

(b) is a mobile home forming part of a mobile home park approved by a municipality.

Existing zoning by-law or planning scheme to prevail.

41(4)

Nothing in subsection (1), (2) or (3) prohibits a development of a parcel or the construction, location or placing of a dwelling unit on the parcel that is authorized by an existing zoning by-law or planning scheme.

Zoning by-law.

42(1)

The council of a municipality may enact a zoning by-law but only where a development plan or a basic planning statement is adopted for the area, and that by-law shall generally conform to the development plan or basic planning statement adopted for the area.

Contents of zoning by-law.

42(2)

A zoning by-law shall be in a form prescribed by the minister and shall

(a) include a map or maps dividing the municipality into zones;

(b) prescribe for each zone the permitted uses of lands, buildings and structures and the conditional uses thereof, if any ;

(c) provide for the issuing of development permits and the procedures whereby an application for a development permit is to be made and processed;

(d) subject to subsection 22(3), prescribe the duties of the development officer and provide for the delegation of authority

(i) to issue development permits subject to such conditions and restrictions as council may impose, and

(ii) allow such minor variations to the requirements of the by-law as authorized under section 58;

(e) provide the procedure to be followed and the fee to be paid by the owner of land or person acting under his authority who wishes to obtain an amendment to the by-law.

General development standards.

43(1)

A zoning by-law shall prescribe as to each zone and as to any permitted or conditional use therein, general development standards; and in prescribing those standards council shall have due regard to the character of the zone, the nature of the existing or proposed uses of land and buildings in the zone, and the peculiar suitability of the zone for particular uses in relation to the most appropriate uses of land within the municipality.

Development standard provisions.

43(2)

Without limiting the generality of subsection (1), a zoning by-law may contain provisions

(a) prohibiting the use of land except for such purposes as may be set out in the by-law;

(b) prohibiting the erection or use of buildings or structures except for such purposes as may be set out in the by-law;

(c) prohibiting the making or establishment of sand and gravel pits or quarries;

(d) prohibiting the excavation or filling in of land or the removal or movement of soil or other material from land;

(e) prohibiting the cutting and removal of trees or vegetation;

(f) establishing the dimensions and area of lots or parcels of land that may be used in any locality for particular uses of lands or buildings;

(g) establishing, for any locality, the number of buildings, and the maximum and minimum floor area of each building, that may be erected or placed on any unit of land of such area as is specified in the by-law;

(h) establishing the location, size and number of access points to a parcel from adjoining highways or streets, but allowing at least one point of access to the parcel from an adjoining highway or street;

(i) regulating the location, height, dimensions, and cubic contents of any building or other structure to be erected, constructed, reconstructed, altered, moved or repaired;

(j) regulating the amount of land that, in any locality, may be covered by buildings or structures and the size of yards, lawns, courts, or other open spaces adjacent or appurtenant to any building;

(k) specifying the minimum distance that must exist between any window in any building and any other building or structure, in order to ensure adequate air and light and fire protection;

(l) requiring the owner, lessee, or other occupant of buildings, or other structures erected, placed, or used for a permissible purpose after the enactment of the by-law to provide and maintain, on property owned and occupied by him any loading or parking facilities appurtenant to any such building or structure that are deemed by the council to be necessary ;

(m) prohibiting public outdoor display in any form or manner of advertisements, or regulating the nature, kind, size, description, and contents, of any such advertisement permitted to be displayed;

(n) prohibiting the altering of land levels for building or other purposes where it may affect surface drainage;

(o) prohibiting the placement of fences, walks, hedges, shrubs and trees and other objects and where permitted regulate the height and maintenance thereof;

(p) regulating or prohibiting the outdoor storage of goods, machinery, vehicles, building materials, waste materials and other items and requiring outdoor storage sites to be screened by fences, hedges or buildings;

(q) regulating the permissible densities of population which may be expressed on the basis of the number of dwelling units per unit of area:

(r) regulating the flood lighting of any building or land;

(s) regulating central waste storage and collection areas, and facilities and enclosures for storage of water;

(t) regulating the placement and maintenance of walls, fences, hedges, trees and shrubs and other objects to provide a buffer between lands for different purposes;

(u) regulating the hours of any use of land or buildings where the use if unregulated, may adversely affect the amenity of the area;

(v) regulating the sequence of development, including commencement and completion;

(w) establishing standards for "Planned Unit Development District".

Land subject to flooding and otherwise unsuitable for building.

43(3)

A zoning by-law may contain special provisions prohibiting the erection of any building or structure

(a) within a specified distance of any natural or artificial lake, river, watercourse or body of water;

(b) on land that is subject to flooding or subsidence or is lowlying, marshy or unstable, or is otherwise unsuitable or hazardous for a proposed purpose by virtue of its soil or topography.

Power to prohibit includes power to regulate.

43(4)

The power to prohibit provided in subsections (2) and (3) includes the power to permit and regulate any matter referred to in those subsections.

Consideration in establishing development standards.

44

In establishing and adopting development standards for an area, the council shall have regard to the policies set out in the development plan, or basic planning statement.

Enactment of zoning by-law or amendment thereto.

45(1)

The council of a municipality shall indicate its intention to enact a zoning by-law or amendment thereto by giving first reading to the by-law and proceed, forthwith, with public notice as set out in subsections (2), (3) and (4).

Public notice of meeting.

45(2)

The notice mentioned in subsection (1) shall

(a) state that, on the day, and at the time and place stated in the notice, a meeting will be held to receive representations and objections, if any, from any person with respect to the proposed by-law;

(b) set out the general intent of the by-law and state that a copy of the proposed by-law may be inspected by any person at a place, and at times stated in the notice; and

(c) where the by-law changes the uses or density of specific properties, include a sketch illustrating by named streets or other identifying boundaries the general area within which the land affected is located; or

(d) where the by-law is of general application and does not change the use or density of specific properties, describe the area affected by reference to zoning districts or to the municipality as a whole, if applicable.

How notice of meeting given.

45(3)

The notice shall be given,

(a) by publishing a copy thereof in a newspaper having a general circulation in the municipality, at least once a week for two successive weeks the first of such notices to be published at least 21 days before the date fixed for the public meeting referred to in clause (2)(a);

(b) by mailing a copy thereof, not later than 14 days before the day fixed for the public meeting, to

(i) the minister,

(ii) the planning district, if any,

(iii) any municipality or planning district within 300 feet, or such greater distance as council deems advisable, of the land to which the zoning by-law or amendment applies,

(iv) the applicant, if any; and

(c) in the case of an amendment which changes the permitted use of specific properties, in either of the following manners, as council deems advisable:

(i) by mailing a copy thereof, not later than 14 days before the day fixed for the public meeting, to the owners, as shown on the assessment rolls of the relevant municipality, of land within 300 feet of the land to which the amendment applies;

(ii) by posting a copy thereof on or near to the land, building or structure to which the amendment applies for at least two weeks before the public meeting.

Repeal and substitution of zoning by-law or planning scheme.

45(4)

Where a zoning by-law or a planning scheme is repealed in its entirety and another zoning by-law is substituted therefor, public notice of the meeting shall be made pursuant to clauses (2)(a) and (b) and clauses (3)(a) and (b), and in any other manner that council deems necessary.

Errors in the assessment roll.

45(5)

Notwithstanding any errors or omissions in the assessment roll to which reference is made in sub-clause (3)(c)(i), the mailing of notices to the addresses shown on that roll shall be deemed sufficient notice.

Proof of posting of notice.

45(6)

Evidence that a copy of the notice was posted on one occasion during the period referred to in sub-clause (3)(c)(ii) shall be deemed to be proof that a copy of the notice was posted at all material times.

Zoning by-law and plans available for inspection.

45(7)

The council of a municipality shall make available for inspection a copy of the proposed by-law, including all maps and sketches forming part thereof, and shall permit any person to inspect it at the place and during the times stated in the notice.

Representations at public meeting.

45(8)

On the day, and at the time and place stated in the notice, the council shall hold a meeting to receive representations from any person on his own behalf or on behalf of another.

Meeting may be adjourned.

45(9)

The council of a municipality may receive all representations on the same day, or if thought advisable, adjourn from time to time until all representations are received, and, if the meeting is adjourned, the council may subsequently sit and receive the representations on the date fixed for the adjourned meeting.

Representation by government

45(10)

Subsection 12(7) applies, with such modifications as the circumstances require, to a meeting held under this section.

Alteration of by-law, etc.

45(11)

Subject to subsection (12), where, as a result of the consideration of submissions regarding the by-law or amendment or for any other reason the council proposes to alter the by-law or amendment, the council shall not pass the by-law or amendment until the alteration has been advertised and made available for inspection in the manner set out in this section.

Minor alteration - waiver of notice.

45(12)

Upon request from the council, the minister may dispense with the requirements of subsection (11) where in the opinion of the minister the alteration proposed to a by-law or amendment is of a minor nature.

Limitation on representation.

45(13)

Any person who wishes to make a submission following the advertisement of a proposed alteration shall limit his submission to the alteration.

Record of meeting to be kept.

45(14)

A record shall be kept of any meeting referred to in this section.

Action by council where by-law not to be proceeded with.

46(1)

Where after the conclusion of the meeting referred to in subsection 45(8) the council of the municipality decides not to proceed with the by-law, the council shall not later than 90 days after the conclusion of the meeting or within such longer period as the minister upon the request of the council may allow, pass a resolution not to proceed with the by-law and shall give notice of the resolution to the minister and to those persons who filed objections or made representations at the meeting; and thereafter the by-law shall not be proceeded with, notwithstanding the provisions of section 120 of The Municipal Act.

Action by council where by-law given third reading.

46(2)

Within the time mentioned in subsection (1) after the meeting referred to in subsection 45(8), the council of the municipality shall, where there are no objections to the by-law, and it decides to proceed with the by-law, give second and third readings, subject to subsection 45(11), to the by-law and send a copy thereof to the minister and shall send by registered mail to all persons who appeared and made representations or appeared and filed written representations at the meeting, a notice stating that the council has given third reading to the by-law and indicating whether or not any changes have been made to the by-law.

Action by council where by-law given second reading.

46(3)

Within the time mentioned in subsection (1), after the meeting referred to in subsection 45(8), the council of the municipality shall

(a) where there are objections to the by-law, give second reading, subject to subsection 45(11), to the by-law;

(b) send a copy of the by-law to the minister; and

(c) send by registered mail a notice to all persons who made or filed an objection to the by-law stating that they may within the time specified in the notice file a further objection with The Municipal Board or the board of a district, as the case may be;

and the person who filed a further objection with The Municipal Board, or the board of a district, shall send a copy of the further objection to the council.

Where written representation filed.

46(4)

Where a written representation is filed at the meeting referred to in subsection 45(8), the notice required to be given to the person who filed the written representations and to every person who signed it shall be deemed to be validly given if the notice is mailed by registered mail to a single address set out thereon for the receipt of notice, if any, or to any single address given upon the filing of the written representation, or in the absence of any single address, to any one or more of the addresses set out thereon, and in the absence of any legible address, no notice shall be required to be given.

Council to specify date.

46(5)

The date specified in the notice under subsection (2) shall be at least 14 days after the date on which the notice is mailed.

Where no objections received.

46(6)

Where council has not, within the time specified in a notice given in accordance with clause (3)(c) and subsection (5), received a copy of any further objection filed with The Municipal Board or the board of a district in accordance with subsection (3), the council may give third reading to the by-law, and if third reading is given the council shall

(a) send a copy of the by-law to the minister; and

(b) by regular mail send to every person who made or filed an objection to the by-law, a notice stating that the council has given third reading to the by-law.

Action where objections received.

47

Where a copy of an objection is received under subsection 46(3) by the council on or before the date specified in the notice, the council shall not give third reading to the by-law unless

(a) The Municipal Board or the board of the district, as the case may be, confirms those parts of the by-law to which objection was made; or

(b) the by-law complies with the decision of The Municipal Board or the board of a district, as the case may be, under subsection 48(3) or (4).

Notice of hearing.

48(1)

On receipt of an objection under subsection 46(3) or subsection (7) The Municipal Board or the board of the district, as the case may be, shall,

(a) fix a date, time and place for the hearing of the objection;

(b) give not less than 14 days notice thereof, in writing, to the person objecting and to the municipality and such notice as it considers adequate to any other person whom it deems should receive notice thereof;

(c) on the date, and at the time and place, stated in the notice, sit and hear any person who appears and desires to give evidence or make representations on his own behalf or on behalf of another in the matter.

Council may be represented at hearing.

48(2)

Where an objection is received by The Municipal Board or the board of a district under subsection 46(3), any person authorized by the council for that purpose, may appear at all hearings held for the purpose of dealing with the objection, and has the rights of a party to the objection, to submit evidence and present argument.

Disposition of objection.

48(3)

Within 30 days after the conclusion of a hearing under this section, The Municipal Board or the board of the district, as the case may be, shall

(a) confirm or refuse to confirm any part of the by-law to which objection was made; or

(b) recommend that council amend the by-law in such manner and subject to such terms and conditions as it may prescribe:

and shall send a notice of its decision to

(c) the minister;

(d) the board of the district, if applicable:

(e) those who made representations at the hearing; and

(f) the council.

Procedures on amendment.

48(4)

Sections 45 to 48 apply to an amendment pursuant to a recommendation under clause (3)(b), unless The Municipal Board or the board of the district, as the case may be, has in its order authorized council to make the amendment at third reading, either without notice or with such notice as may be stipulated in the order.

By-law to conform to decision of board.

48(5)

Where The Municipal Board or the board of the district, as the case may be, has rendered its decision pursuant to subsection (3), council shall not give third reading to the by-law unless it conforms to the decision of the board and if third reading is given shall send a copy of the by-law to the minister and shall send by regular mail a notice to all persons who were given a notice in accordance with clause 46(3)(c) stating that council has given third reading to the by-law.

Filing of objection with Municipal Board.

48(6)

Where under subsection 46(3) the board of a district or the council of an adjoining municipality files an objection to a zoning by-law or amendment thereof, the objection shall be filed with The Municipal Board and heard by that board in accordance with the provisions of this section.

Transfer of objections to Municipal Board.

48(7)

Where an objection is filed with The Municipal Board under subsection 46(3) by a district board or an adjoining municipality, all objections filed with a district board under subsection 46(3) shall be transferred by the district board to The Municipal Board for hearing in accordance with the provisions of this section: and, upon receiving an objection from the board of a district or the council of an adjoining municipality The Municipal Board shall forthwith notify the district board, if any, that any objection filed with the district board be transferred in accordance with this subsection.

Decision not subject to appeal.

48(8)

The decision or order of The Municipal Board or the board of a district under this section is final and binding on all persons and is not subject to any appeal.

Agreement with municipality.

49(1)

Where an application is made for the amendment of a zoning by-law, the council may require the owner or the person entitled to be registered as owner of the land, building or structure to which the amendment will apply, as a condition to its enactment, to enter into a development agreement with the municipality in respect of that land as well as contiguous land owned or leased by the applicant dealing with any one or more of the following matters:

(a) the use of the land and any existing or proposed building or structure;

(b) the timing of construction of any proposed building or structure;

(c) the siting and design including exterior materials of any proposed building or structure: (d) traffic control and the provision of parking:

(e) landscaping, the provision of open space and the grading of the land:

(f) the construction by or at the expense of the owner or applicant, in whole or in part, of roads, sidewalks, landscaping, street lighting and of works, plant, pipeline or facilities for storm drainage, water supply and distribution, and the collection and disposal of sewage, or any one or more of them;

(g) the payment of a sum of money to the municipality in lieu of the requirement under clause (f) to be used by the municipality for any of the purposes referred to in that clause;

(h) the dedication of land or payment of money in lieu thereof, where the application is for a zoning classification to permit a residential use, use for a mobile home park or an increase in residential density, in which case clauses 70(f) and (g) shall apply to the dedication.

Effect of registering agreement.

49(2)

An agreement referred to in subsection (1) may provide that it runs with the land, and when a caveat with a copy of the agreement attached thereto, is filed in the appropriate land titles office, the agreement shall, without special mention thereof in the agreement, be deemed to bind the owner of the land affected thereby, his heirs, executors, administrators, successors and assigns.

Execution of agreement before amendment of by-law.

49(3)

The council of a municipality may authorize the execution of the development agreement prior to the adoption of any amendment to the zoning by-law, but the development agreement is not binding on the parties thereto until the final adoption of the amendment to the zoning by-law.

Quashing of by-law.

50

After a zoning by-law has been given third reading it shall conclusively be deemed to have been within the power of the municipality to enact; and any proceeding to quash the by-law shall be taken in accordance with the provisions of The Municipal Act.

NON-CONFORMING USES AND BUILDINGS

Continuance of lawfully existing nonconformities.

51(1)

Subject to the provisions of this Act, the enactment of a zoning by-law or any amendment thereof does not affect any building or structure, or any use of land, buildings or structures that were lawfully in existence prior to the coming into force of the by-law or amendment.

Building deemed to be existing.

51(2)

In addition to a building or structure that is completed, a building or structure shall be deemed to be existing at the date of the passing of a zoning by-law or amendment thereof, if

(a) it was lawfully under construction; or

(b) the permit for its construction was in force and effect;

but this provision does not apply unless the construction is commenced within the period limited for the commencement of construction under the permit for its construction.

Certificate may be issued.

51(3)

A certificate may be issued upon the application of any person having an interest therein, describing the building or structure, or use of land, building or structure that was lawfully in existence at the date of the passing of a zoning by-law, or amendment thereof and stating that it may continue to exist although it does not conform to the zoning by-law or amendment.

Fee for certificate.

51(4)

Council may require the payment of a fee for the issue of the certificate referred to in subsection (3), and the certificate shall be conclusive evidence of the facts stated therein.

Cancellation of permit.

52(1)

Notwithstanding clause 51(2)(b), a permit issued for the construction of a building or structure may be cancelled, if at the time of the enactment of a zoning by-law or amendment thereof, construction of the building or structure had not commenced and the building or structure, if allowed to be constructed, would not conform to the by-law or amendment, as the case may be.

Payment of certain expenses where permit cancelled.

52(2)

Where a permit is cancelled under subsection (1), the municipality or district shall pay to the person on whose behalf the permit was obtained, such reasonable expenses for the preparation of plans for the building or structure and the promotion of the development as may be agreed upon by the municipality or district and that person.

Where parties fail to agree on amount

52(3)

Where the parties are unable to agree upon the amount to be paid under subsection (2), the person on whose behalf the permit was obtained may require that the municipality or district submit the matter forthwith to arbitration by serving a written notice to that effect upon the municipality or district.

Arbitration.

52(4)

The arbitration shall be by a single arbitrator appointed by the parties, or by the minister if they are unable to agree, and the provisions of The Arbitration Act apply with such modifications as the circumstances require.

Structural alteration prohibited.

53(1)

Notwithstanding section 51 unless permitted by the by-law or amendment or by a variation order, no structural alteration except as required by law shall be made to a building or structure while a non-conforming use thereof is continued or while the building or structure does not conform to the provision of a zoning by-law or amendment thereof.

Change to other non-conforming use.

53(2)

Where the existing use of a building, structure or land does not conform to a zoning bylaw or amendment thereof, that use may not be changed to another non-conforming use.

Where non-conforming building damaged.

53(3)

Where a building or structure that does not conform to the provisions of a zoning by-law or amendment thereof is destroyed or damaged to an extent that in the opinion of the council, is 50% or more of the replacement value of the building or structure above its foundation, the building or structure shall not be repaired or rebuilt except in conformity with the provisions of the by-law or amendment.

Discontinuance of non-conforming use.

54(1)

Where the non-conforming use of land, building or structure has been discontinued, for more than 12 consecutive months, it shall not thereafter be used except in conformity with the zoning by-law or amendment thereof.

Change in tenants not deemed to affect use.

54(2)

A change of tenants or occupants of any land, building or structure shall not of itself be deemed to affect the use of the land, building or structure for the purposes of this section.

Council may acquire non-conforming building or land.

55

A municipality may by expropriation, lease, exchange or purchase, acquire any land, building or structure that does not conform to a zoning by-law or amendment thereof and may dispose of any such land, building, or structure, in any manner that it considers advisable.

VARIATION BOARD

Establishment of variation board.

56(1)

For the purpose of granting variation orders under this Act, the council of a municipality in which the property affected is located, constitutes a variation board.

Meetings of the board.

56(2)

Meetings of the variation board shall be held at the call of the chairman and at such other times as the board may determine or as may be required to deal with an application under section 57.

Quorum and procedure of board.

56(3)

A majority of the members of the variation board constitute a quorum and the board shall adopt rules of procedure to be followed in carrying out its functions.

Record of proceedings.

56(4)

The variation board shall keep records of its proceedings in the office of the board and those records shall be open to the public.

Application for variation order.

57(1)

Any person who is of the opinion that a zoning by-law or a planning scheme, as the case may be, injuriously or adversely affects him, his property or his rights, may at any time apply to the variation board in the municipality in which the property affected is located, in such form and accompanied by such supporting material and fee as the board may require for an order varying or altering the application of the by-law or scheme, as the case may be, in one or more of the ways authorized by subsection (3).

Conditions of variation order.

57(2)

An order varying the application of a zoning by-law or a planning scheme, as the case may be, may be made only where the variation board is satisfied that

(a) the general environment, amenity and convenience of the community as a whole will not be adversely affected; and

(b) the general environment, amenity, convenience, character and value of adjoining properties will not be adversely affected.

Types of variation order.

57(3)

The variation board may reject an application made under subsection (1) or it may vary the application of the zoning by-law or the planning scheme, as the case may be, in one or more of the following ways:

(a) by varying the height, site area, site width, site coverage, floor area and cubic contents of a building, front yard, side yard, rear yard, and dwelling unit density requirements as they apply to an individual site;

(b) by permitting an existing building or use, which complies with the provisions of the zoning district in which it is located, to be extended into another zoning district, if

(i) the land into which the use or building is to extend is located adjacent to the existing building or use, and is not separated therefrom by a lane or public thoroughfare,

(ii) the land into which the use or building is to be extended is owned by the owner of the existing building at the time the zoning by-law or planning scheme in question came into force and effect,

(iii) the extension of the building or use encroaches no more than 60 feet into the adjacent district, and

(iv) the minimum yard and height requirements of the adjacent district are complied with;

(c) by varying automobile parking space or loading space requirements where, in the particular instance, the variation will not be inconsistent with the purpose and intent of those requirements;

(d) by permitting the waiver of the requirement that automobile parking space be provided on the same site as the building or use, if other suitable and convenient parking space is available;

(e) by permitting, in connection with an authorized use in a zoning district designated in a zoning by-law or planning scheme as an "Agricultural District" or as a "Rural District", such commercial or industrial uses as are purely incidental to such authorized use;

(f) by permitting in a zoning district designated in a scheme as a "one family dwelling district" or as a "single family dwelling district" the conversion of a one family dwelling into a two family dwelling, if

(i) the board is satisfied that the conversion is necessary to maintain the dwelling in a reasonable manner for the remainder of its economic life,

(ii) the minimum dwelling unit area standards for a two family dwelling district are maintained, and the minimum parking facilities are provided as required in such a zoning district,

(iii) the general design and the external appearance is maintained, and

(iv) when the useful life of the dwelling has terminated, or the dwelling is demolished or destroyed in part or completely, the site will revert to the zoning district requirements of the zoning district in which it is located:

(g) by varying the requirements for walls, fences, hedges, trees, shrubs or other encroachments into yards as they apply to an individual site within a particular zone;

(h) by varying the requirements for all types of signs as they apply to an individual site within a particular zone;

(i) by permitting a proposed use of land, building or structure that is not listed as a permitted or conditional use in that zone, if in the opinion of the board, it is readily identifiable as being similar to the uses of land, buildings or structures defined in general terms in the by-law for that particular zone.

Action to be taken by board.

57(4)

On receipt of an application the variation board shall,

(a) fix a day for the hearing of the application which shall be not later than 30 days after the date of the filing of the application;

(b) notify the applicant of the time and place at which it will hear the application;

(c) not later than 10 days before the day fixed for the hearing of the application, give notice of the hearing by registered mail

(i) to each assessed owner of property within a radius of 150 feet from the site affected,

(ii) to owners of land adjoining the property affected or across the street or lane, if any, and

(iii) to the board of a district, if any;

(d) give such notice in any other manner that the variation board deems advisable.

Hearing.

57(5)

On the day and at the time and place stated in the notice, the variation board shall hold a hearing to receive the representations of the applicant and any other person, who desires to make representations either on his own behalf or on behalf of another.

Order of board.

57(6)

On completion of the hearing, the board may by order,

(a) reject the application; or

(b) vary the application of the zoning by-law or planning scheme, as the case may be, subject to Such conditions as the board considers necessary or desirable to maintain the intent and purpose of the development plan, or basic planning statement, if any, the zoning by-law or planning scheme, and any relevant provision thereof.

Majority vote.

57(7)

A majority vote of the members of the variation board present at the hearing referred to in subsection (5) constitutes the decision of the variation board.

Mailing of order.

57(8)

The variation board shall send by registered mail a copy of its order to the applicant and any person who made representations at the hearing and to the board of a district, if any.

Decision final and binding.

57(9)

The order of the variation board under subsection (6) is final and binding on the municipality and all persons.

Expiry of order.

57(10)

The order of the variation board under subsection (6) shall expire and cease to have any effect if it is not acted upon within 12 months from the date of the making thereof, unless it is renewed prior to the expiry date at the discretion of the variation board, for an additional period not exceeding 12 months.

Authority of development officer to grant minor variations.

58(1)

The council of a municipality may, by by-law, authorize its development officer or the development officer of the planning district, as the case may be, to grant or refuse, in his discretion, a minor variation not to exceed 10% of the requirements of a zoning by-law or planning scheme governing front, side, rear or any other yard.

Application for minor variation.

58(2)

Notwithstanding subsection 57(1), where the council under subsection (1) has authorized a development officer to grant or refuse a minor variation of a zoning by-law or planning scheme, an application for the variation shall be made to the development officer, in such form together with such fee as council may require.

Action to be taken by development officer.

58(3)

On receipt of an application for a minor variation under subsection (2), the development officer may, in his discretion,

(a) reject the application; or

(b) vary the application of the zoning by-law or planning scheme, as the case may be, in accordance with the limits established by by-law of council.

Notice to applicant

58(4)

Where the council authorizes a development officer to grant or refuse minor variations under subsection (1), the development officer shall forthwith after granting or refusing a variation send by registered mail to the applicant for the variation

(a) a copy of the order granting the variation; or

(b) written notice of the rejection of the application, and advising the applicant of his right to appeal the rejection to the variation board.

Application of section 57.

58(5)

Clauses 57(4)(a) and (b) and subsections 57(5) to (10) apply with such modifications as the circumstances require to an appeal under this section.

CONDITIONAL USES

Application for conditional use.

59(1)

Where a zoning by-law provides for a conditional use, an application for approval of a conditional use shall be made to council by the owner of the land, building or structure or by a person authorized in writing by him and shall be in such form and accompanied by such material and payment of such fee as the council deems advisable.

Application of subsection 57(4).

59(2)

Subsection 57(4) applies, with such modifications as the circumstances require, to an application under subsection (1).

Hearing.

59(3)

On the date, time and place stated in the notice, the council shall hold a meeting to receive representations of the applicant and any other person who desires to make representations either on his own behalf or on behalf of another.

Decision of council.

59(4)

On completion of the hearing, the council of a municipality may,

(a) reject the application; or

(b) approve the application if the facts presented are such as to establish

(i) that the proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighbourhood, the community and the general environment, and

(ii) that such use or feature as proposed will not be detrimental to the health, safety, convenience, or general welfare of persons residing or working in the vicinity, or injurious to property, improvements, or potential development in the vicinity, with respect to aspects including but not limited to

(A) the nature of the proposed site, including its size and shape, and the proposed size, shape, and arrangement of structures,

(B) the accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic, and the adequacy of proposed off-street parking and loading,

(C) the safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust, and odour,

(D) treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs, and

(iii) that such use or feature as proposed will comply with the applicable provisions of the zoning by-law or basic planning statement and will not adversely affect the development plan.

Conditions of approval.

59(5)

When approving a conditional use as provided herein, the council, may prescribe such additional conditions, beyond those specified in the zoning by-law, as are in its opinion necessary to secure the objectives of the zoning by-law; and the council may revoke the conditional use authorized for any violation of any additional conditions imposed by it.

Modification of conditions.

59(6)

Authorization of a change in any condition previously imposed in the authorization of a conditional use is subject to the same procedures as for a new conditional use.

Majority vote.

59(7)

A majority vote of the members of council present at the hearing referred to in subsection (3), constitute the decision of council.

Mailing of decision.

59(8)

The council shall send by registered mail a copy of its decision to the applicant and to any person who made representations at the meeting and to the board of a district, if any.

Decision final and binding.

59(9)

The decision of council under subsection (4) is final and binding on the municipality and all persons.

Expiry of approval.

59(10)

The approval of council under subsection (4) shall expire and cease to have any effect if it is not acted upon within 12 months of the date of the decision, unless it is renewed prior to the expiry date at the discretion of council for an additional period not exceeding 12 months.

PART VI

SUBDIVISION CONTROL

Restriction on registration of certain instruments.

60(1)

Except as provided in subsection (3), a District Registrar shall not accept for registration any instrument, including an order or judgment of a court, that has the effect or that may have the effect of subdividing a parcel unless the subdivision has been approved by the approving authority.

Caveat void.

60(2)

A caveat that is filed contrary to subsection 137(2) of The Real Property Act is void.

Exceptions to subsection (1).

60(3)

A District Registrar may accept for registration without subdivision approval an instrument that has the effect or that may have the effect of subdividing a parcel, where

(a) each parcel resulting from the subdivision

(i) consists of 80 acres or more in area and either abuts on a highway or is being consolidated with an adjoining parcel of land which abuts on a highway, or

(ii) consists of two or more legal subdivisions which abut each other and the resulting parcel either abuts on a highway or is being consolidated with an adjoining parcel of land which abuts on a highway, or

(iii) consists of one or more whole lots or blocks in a registered plan of subdivision, or

(iv) consists of one or more whole lots or blocks and any existing part or parts of a lot or block contiguous thereto in a registered plan of subdivision, or

(v) consists of at least one parish lot in either the inner or the outer two miles, or a settlement lot: or

(b) the instrument is a lease of land on which there is a structure commonly known as a shopping centre, or of premises within a structure commonly known as a shopping centre; or

(c) the parcel resulting from the subdivision is not contiguous to or does not abut any other land described in the certificate of title but abuts on a highway or is being consolidated with adjoining land which abuts on a highway: or

(d) land is leased or being leased for non-residential purposes where the term of the lease together with the term of any renewal or substitution thereof does not exceed 10 years; or

(e) land is being acquired or disposed of by Her Majesty in right of Canada. Her Majesty in right of Manitoba or the Manitoba Hydro-Electric Board; or

(f) land is being acquired by a municipality for the purpose of

(i) constructing, opening or making a new drain or widening, altering, diverting or straightening an existing drain under section 272 of The Municipal Act, or

(ii) the widening or extension of a highway, where the instrument or plan is accompanied at the time of its presentation for registration by a statutory declaration of an officer of the municipality that the land in respect of which registration is sought was secured for any of those purposes; or

(g) land is subject to an agreement for sale and purchase or other equitable disposition in writing entered into prior to January 1, 1976 and the agreement is supported by a statutory declaration of a witness to the agreement or disposition, or where no witness can be found, of a party to the agreement or disposition.

Parcel includes highway, etc.

60(4)

For the purposes of sub-clause (3)(a)(i) or (ii) a parcel shall be deemed to include land for a highway, road allowance, drain or right-of-way excepted from the certificate of title covering the parcel.

Woodlot not a settlement lot.

60(5)

The expression "settlement lot" used in sub-clause (3)(a)(v) does not include a woodlot.

Contiguity of land described in title.

60(6)

For the purpose of clause 3(c), lands that are excepted from a certificate of title or acquired for a highway, railway line, transmission or distribution line, drain or right of way shall be deemed not to create a break in the contiguity of the land described in the title.

Easement not a subdivision.

60(7)

An easement does not have the effect of subdividing a parcel and shall be deemed not to create a break in the contiguity of the land described in the title.

Affidavit or statutory declaration may be required.

60(8)

The District Registrar may require an affidavit or statutory declaration by one of the parties to an instrument alleging facts to establish that any of clause (3)(a), (b), (d) or (g) apply to a subdivision, and the affidavit or statutory declaration may be accepted by the District Registrar as conclusive proof of the matters therein stated.

Effect of zoning by-law or planning scheme.

60(9)

Where a parcel of land remains after the acquisition of adjoining land or of any use or right therein, and such acquisition would have required the approval of the approving authority but for clause (3)(e) or (f), it is hereby deemed that such parcel conforms to the applicable site area or lot size requirements of the zoning by-law or planning scheme in force at the time of the acquisition.

Agreement, etc., contravening control.

60(10)

No unregistered instrument, other than an instrument referred to in subsection (3), that has the effect or that may have the effect of subdividing a parcel, creates or conveys any interest in land unless the subdivision has been approved by the approving authority; but nothing in this subsection affects an agreement with respect to the subdivision of a parcel where the agreement contains an express provision making the subdivision subject to the approval of the approving authority.

Explanatory plans.

60(11)

A plan prepared and filed in the Land Titles Office pursuant to section 121 of The Real Property Act after November 1, 1986, is not a registered plan of subdivision within the meaning of this Part.

Mines and minerals excepted.

60(12)

In this section "land" does not include mines and minerals.

Application for subdivision approval.

61

An owner of land or a person duly authorized by the owner in writing may apply to the approving authority for the subdivision of that land in accordance with the regulations.

Referral of application to council.

62

The approving authority shall, in accordance with the regulations refer the application to the relevant agencies and thereafter submit a copy of the application to the council of the municipality within which the affected land is situated.

Resolution of council.

63(1)

Where the council of a municipality receives an application pursuant to section 62, it shall, after considering the application, by resolution

(a) reject or refuse to approve the application for subdivision; or

(b) approve the application for subdivision, without conditions or with conditions as set out in section 70;

and shall provide the approving authority with a certified copy of the resolution.

Resolution of council final.

63(2)

Notwithstanding section 120 of The Municipal Act, the resolution of council referred to in subsection (1) is final and shall not be reversed: but the council may by subsequent resolution

(a) impose new conditions; or

(b) vary or cancel existing conditions;

and shall provide the approving authority with a certified copy of the resolution.

Notice required.

63(3)

Where the land proposed to be subdivided is not subject to any existing development plan, basic planning statement or planning scheme, the council shall, before passing the resolution under subsection (1) give notice of, and hear any representations with respect to, the application for subdivision in accordance with subsections (4) and (5).

Form of notice.

63(4)

The notice under subsection (3) shall state

(a) that, on the day, time and place stated in the notice, council will sit and hear representations from any person in respect of the proposed subdivision of land; and

(b) that a copy of the application and plan of subdivision, if any, may be inspected at such time and place as may be specified in the notice.

Manner of giving notice.

63(5)

The notice referred to in subsection (4) shall contain a description of the land to which the proposed subdivision applies, and shall be given by personally serving or mailing a copy thereof, not later than 14 days before the day fixed for the hearing, to

(a) the owners, as shown on the most recent assessment rolls of the relevant municipality, of land within 300 feet of the land proposed to be subdivided;

(b) any municipality within 300 feet of the land proposed to be subdivided;

(c) the district board, if any;

(d) the applicant; and

(e) the approving authority.

Rejection of subdivision by approving authority.

64(1)

Upon receipt of a certified copy of a resolution of council pursuant to clause 63(1)(a), the approving authority shall forthwith reject the application for subdivision and no appeal lies from the rejection.

Conditional approval or rejection of subdivision by approving authority.

64(2)

Upon receipt of a certified copy of a resolution of council approving the subdivision pursuant to section 63, the approving authority shall

(a) give conditional approval to the subdivision, subject to such conditions as may be contained in the resolution and any additional conditions in accordance with section 70; or

(b) reject the application for subdivision in accordance with section 69.

Service of notice of decision.

64(3)

The approving authority shall give written notice of its decision pursuant to subsection (1) or (2) by serving the notice personally or by mailing the notice to the last known address of the applicant, the council and the minister, and where the notice is mailed, it shall be deemed to have been served on the date of the notice.

Alteration of conditions by approving authority.

64(4)

The approving authority may add conditions or alter or delete any of the conditions set out in the conditional approval pursuant to subsection (2) other than those conditions imposed by council under section 63 and shall, in accordance with subsection (3), give written notice thereof to those persons mentioned in that subsection.

Re-application of same proposal.

64(5)

Except with the prior permission of the approving authority, no subsequent application for approval of a proposed subdivision of land that provides for the same use of the land shall be made by the same or any other person within 6 months from the date of the rejection by the approving authority of the application for subdivision of that land.

Where conditions are fulfilled.

65(1)

Subject to subsections (3) and (4), where the applicant provides evidence satisfactory to the approving authority that the conditions imposed in accordance with clause 64(2)(a) or subsection 64(4) or both have been complied with, the approving authority shall

(a) after the expiration of 30 days from the date of the notice under subsection 64(3); or

(b) prior to the expiration of 30 days from the date of the notice under subsection 64(3), if the minister agrees;

issue to the applicant a certificate of approval for the subdivision and notify the applicant, the council and the minister; and the certificate is valid for a period of 12 months from the date of issuance thereof.

Automatic expiration of conditional approval.

65(2)

Where the applicant has failed to provide evidence satisfactory to the approving authority that the conditions imposed in accordance with clause 64(2)(a) or subsection 64(4), or both, have been complied with within 24 months from the date of the notice under subsection 64(3) the conditional approval automatically expires.

Extension of time limit.

65(3)

An approving authority may, upon the request of the applicant

(a) at any time within the 12 month period mentioned in subsection (1) extend the period for one additional period of not more than 12 months; and

(b) at any time within the 24 month period mentioned in subsection (2) extend the period for one additional period of not more than 12 months.

Certificate of approval not to issue until appeal settled.

65(4)

Where an appeal is launched under subsection 68(1), the certificate of approval mentioned in subsection (1), shall not be issued pending the disposition of the appeal.

No decision by approving authority.

66

Where the approving authority fails to make a decision on the application, as required under subsection 64(2), the applicant may, upon the expiry of 60 days from the date of the resolution of council, consider the application as having been rejected by the approving authority and may appeal to The Municipal Board in accordance with subsection 68(1).

Revocation of approval.

67(1)

An approving authority may revoke

(a) a conditional approval; or

(b) a certificate of approval where the plan or instrument has not been registered in the land titles office or where a new certificate of title has not been issued;

and the approving authority shall forthwith in writing notify the applicant and, where necessary, the land titles office; and upon revocation the provisions of subsections 52(2), (3) and (4) apply, with such modifications as the circumstances require.

Revocation final.

67(2)

A revocation under subsection (1) is final and not subject to appeal.

Appeal to Municipal Board.

68(1)

An appeal from a decision of an approving authority, pursuant to subsection 64(2), or (4) or both, including any condition imposed thereunder, may be commenced by the applicant or the minister by sending a notice of appeal by registered or certified mail, to, or serving such notice upon, the secretary of The Municipal Board

(a) within 30 days from the date of the notice under subsection 64(3); or

(b) after the expiration of the time specified under section 66 where no decision is made by the approving authority.

Contents of notice of appeal.

68(2)

A notice of appeal pursuant to subsection (1) shall contain

(a) the legal description and municipal location of the land proposed to be subdivided;

(b) the name and address of the applicant for subdivision approval; and

(c) the name and address of the appellant.

Decision final.

68(3)

If within the time fixed for appeal, no notice of appeal is received by The Municipal Board, the decision of the approving authority under subsection 64(2) or (4) or both is final.

Hearing of appeal.

68(4)

Where an appeal is filed with The Municipal Board, under subsection (1) The Municipal Board shall hold a hearing de novo, notice of which shall be given to the minister, the applicant, the approving authority, the council, the district board, if any, and to such other persons and in such manner as The Municipal Board may determine.

Persons appearing.

68(5)

Any person authorized by the minister or the approving authority may appear before The Municipal Board at all hearings concerning the appeal and that person has the right of a party to the appeal to submit evidence and present argument.

Order of Municipal Board.

68(6)

Subject to sections 69 and 70 and subsequent to the hearing referred to in subsection (4), The Municipal Board may, by order

(a) approve the proposed subdivision, subject to such conditions, if any, as it considers appropriate; or

(b) reject the proposed subdivision.

Notice of decision of Municipal Board.

68(7)

The Municipal Board shall render its decision within 30 days from the date on which the hearing was concluded, and shall mail a copy of its decision to

(a) the appellant;

(b) the approving authority;

(c) the council;

(d) the district board, if any;

(e) the minister; and

(f) any other person who was a party to the appeal.

Issuance of certificate after appeal.

68(8)

Where under subsection (6) The Municipal Board approves a subdivision subject to conditions, and the applicant provides evidence satisfactory to the approving authority that those conditions have been complied with, the approving authority shall issue to the applicant a certificate of approval for the subdivision and notify the applicant, the council and the minister; and the certificate, subject to extension under subsection 65(3), is valid for a period of 12 months from the date of the issuance thereof.

Conditional approval to lapse.

68(9)

Where the applicant has failed to provide evidence satisfactory to the approving authority that the conditions imposed by the Municipal Board in an order under subsection (6) have been complied with within 24 months from the date of that order, the conditional approval given under that subsection, subject to extension under subsection 65(3), automatically expires.

Prerequisites for approval.

69

A subdivision of land shall not be approved unless

(a) the proposed subdivision, subject to subsections 89(1) and (2), conforms with any provincial land use policy, development plan, basic planning statement, zoning by-law, planning scheme and subdivision regulation; and

(b) the land is suited to the purpose for which the subdivision is proposed and may be expected to be used for that purpose within a reasonable period of time.

Conditions of approval.

70

A subdivision of land may be approved subject to one or more of the following matters, where relevant to the subdivision:

(a) any condition necessary to ensure compliance with any Act of the Legislature or the Parliament of Canada, the regulations thereunder and the requirements of any regulatory agency established thereunder, including any condition that may be necessary to ensure compliance with this Act, the regulations, and subject to subsections 89(1) and (2), any provincial land use policy, development plan, basic planning statement, zoning by-law and planning scheme;

(b) any condition necessary to satisfy the requirements of a municipal by-law, including a condition requiring the payment of general subdivision examination fees and capital levies and a condition setting out arrangements satisfactory to council for payment of taxes on the land to be subdivided, for the current year plus any arrears;

(c) any condition recommended or required by an authority, agency, department or board to which the application has been referred by the approving authority;

(d) the condition that the owner enter into an agreement with the Crown in right of Manitoba, the municipality or the planning district, as the case may require, regarding any or all of the following matters:

(i) the installation or construction at the owner's expense or partly at the owner's expense and partly at the expense of the other party within designated time limits and in accordance with specifications set forth in the agreement, of storm and sanitary sewers, drains, watermains and laterals, hydrants, sidewalks, boulevards, curbs, gutters, street lights and graded, gravelled or paved streets and lanes, connections to existing services, area grading and levelling of land, street name plates, traffic signals and devices, connecting and boundary streets, landscaping of parks and boulevards and such other works as may be required,

(ii) the limitation, regulation or prohibition of any existing or future use of the land, building or structure where there is no zoning by-law or planning scheme affecting the land, building or structure;

(e) any condition that is essential to the proper design of the subdivision or required to implement the reorganization of titles;

(f) the dedication of land by the owner without compensation which in the opinion of council is

(i) required for adequate highways and municipal services systems within the subdivision,

(ii) required as public reserve land in an amount not exceeding one acre for each 100 persons expected to occupy the area being subdivided, for use as public reserve land, where the land in the proposed subdivision is to be divided into parcels of less than 10 acres,

(iii) required for school purposes in an amount not exceeding one acre for each 100 persons expected to occupy the area being subdivided, to be conveyed to the school division or district,

(iv) unsuitable for building sites or any other kind of development by reason of it being a swamp, gully, ravine, natural drainage course, or creek bed or otherwise unsuitable due to its topography or subsurface conditions;

(g) the dedication by the owner without compensation as a Crown reserve or a public reserve the following lands:

(i) shorelands designated specifically or by general description in an established provincial land use policy, basic planning statement or development plan as land to be provided without compensation upon subdivision, and

(ii) other lands as may be required to provide access to the shorelands reserved under subclause (i);

(h) a condition that the owner enter into an agreement with the Crown in right of Manitoba, the municipality or the planning district, as the case may be, as an alternative to taking a dedication under sub-clause (f)(iv) or clause (g), regulating the use or development of those lands including

(i) the limitation, regulation or prohibition of any use or activity thereon,

(ii) the limitation, regulation or prohibition of cultivating, removing trees or shrubs, or otherwise altering the existing environmental character thereof, and

(iii) the limitation, regulation or prohibition of any development thereon;

(i) a condition that a zoning by-law or planning scheme be amended.

Payment in lieu of dedication.

71(1)

Where council is of the opinion that dedication of land under sub-clause 70(f)(ii) or (iii) would be unnecessary or undesirable, the council may by resolution under section 63 require that in lieu thereof the applicant pay to the municipality, the school division, or the school district, as the case may be, a sum of money equivalent to the value of the land that would have been dedicated.

Valuation of land.

71(2)

For the purpose of determining the amount of any payment required under subsection (1), the value of the land may be determined by agreement between the owner and the municipality: but where the owner and the municipality are unable to agree on the value either party may submit the matter to arbitration by serving written notice to that effect upon the other party, in which case

(a) the value shall be determined on the basis of what might be expected to be realized if the unsubdivided land was sold in the open market immediately prior to the conditional approval; and

(b) subsection 52(4) applies, with such modifications as the circumstances require.

Filing of caveat.

72(1)

An agreement entered into in accordance with clause 70(d) or (h), or both, may provide that it runs with the land, and when a caveat with a copy of the agreement attached thereto is filed in the appropriate land titles office, the agreement binds the owner of the land and the heirs, executors, administrators, successors and assigns of the owner.

Withdrawal of caveat.

72(2)

The Crown in right of Manitoba, the municipality or the planning district, as the case may be, may, at any time, withdraw the caveat referred to in subsection (1).

Uses of public reserve land.

73(1)

Public reserve land shall be used only for

(a) a public park, or part thereof:

(b) a public recreation area, or part thereof:

(c) a natural area or part thereof:

(d) a planted buffer strip or part thereof separating incompatible land uses; or

(e) public works.

Land deemed to be public reserve land.

73(2)

A parcel of land, the title of which is registered in the name of a municipality, and which is used at the time of coming into force of this Act, in whole or in part, as a public park or a public recreation area and has not been previously designated as public reserve land as a result of a registered plan of subdivision, shall be deemed to be public reserve land for purposes of this Act.

Approval of minister for closing of public reserves.

73(3)

Land designated as a public reserve, whether in the name of the municipality or the Crown in right of Manitoba, may be closed by bylaw of the municipality: but the by-law has no effect until approved by the minister.

Disposal of land dedicated pursuant to a condition.

73(4)

Subject to the other provisions of this Act, if money is paid to a municipality pursuant to subsection 71(1) or if the council of the municipality determines that land conveyed pursuant to sub-clause 70(f)(i) or (ii) is not required for public purposes, the land may be sold or leased, and all moneys received by the municipality from the sale or lease of the land or pursuant to subsection 71(1) shall be paid into a special account and may

(a) be expended only for the purchase of land to be held and used by the municipality for public parks or recreational purposes; or

(b) be invested in such securities as a trustee may invest in under The Trustee Act, and the earnings derived from the investment of the money shall be paid into the special account.

Notice of intention to dispose of public reserve land and hearing.

73(5)

Where the council of a municipality proposes to dispose of public reserve land, it shall give notice of its intention and shall hold a hearing to hear representations from persons, organizations and agencies who may be affected by the proposed disposition.

Disposal of land conveyed as school site.

73(6)

Subject to the other provisions of this Act, if money is paid to a school division or district pursuant to subsection 71(1), or if the school board determines that land conveyed pursuant to subclause 70(f)(iii) is not required for a school site, it may be sold or leased, and all moneys so received shall be paid into a special account and may

(a) be used only for capital expenditures; or

(b) be invested in such securities as a trustee may invest in under The Trustee Act, and the earnings derived from the investment of the money shall be paid into the special account.

Notice of intention to dispose of land and hearing.

73(7)

Where the school board proposes to dispose of land conveyed under sub-clause 70(f)(iii), it shall give notice of its intention and shall hold a hearing to hear representations from persons, organizations and agencies who may be affected by the proposed disposition.

By-laws establishing general levies.

74(1)

The council of a municipality may pass a by-law prescribing and regulating the fees and charges to be paid by an applicant for subdivision approval in respect of technical, administrative, professional, consultative or other services required by the municipality in examining and approving an application for the subdivision of land, and such fees and charges shall be credited to and form part of the general funds of the municipality.

Scale of capital levies.

74(2)

The council of a municipality may pass a by-law prescribing the scale of levies to be paid by an applicant for subdivision approval as compensation to the municipality for the capital costs specified in the by-law and that may be incurred by the municipality wholly or in part by reason of the subdivision of land and no such levies shall be charged or paid except pursuant to such by-law.

Establishment of reserve funds.

74(3)

Where the council of a municipality passes a by-law in accordance with subsection (2), it shall establish a reserve fund pursuant to section 568 of The Municipal Act and all levies received shall be transferred to such reserve funds.

Obsolete plans of subdivision.

75(1)

The council of a municipality may by by-law declare any plan of subdivision, or any part thereof, within the municipality, that has been registered for eight years or more, not to be a registered plan of subdivision for the purposes of this Part.

Notice and filing in land titles office.

75(2)

Forthwith after giving first reading to a by-law for the purpose of subsection (1), council shall send notice of the first reading by registered or certified mail to each person appearing by the assessment roll of the municipality to be the owner of the land to which the proposed by-law applies, to the address shown on the assessment roll, and shall register a certified copy or duplicate of the proposed by-law in the land titles office.

Errors in assessment roll.

75(3)

The mailing of notices to the addresses shown in the assessment roll shall be deemed to be sufficient notice notwithstanding errors or omissions in the assessment roll.

Effect of filing.

75(4)

Following registration in the land titles office of the proposed by-law to which first reading was given for the purpose of subsection (1), no person shall subdivide any parcel contained in a plan of subdivision to which the proposed by-law applies, unless approval has been given by the approving authority.

Contents of notice

75(5)

The notice referred to in subsection (2) shall describe the effect of the proposed by-law and of the registration in the land titles office under subsection (4) and shall state that on the date, time and place stated therein a meeting will be held to receive representations and objections with respect to the proposed by-law.

Meeting.

75(6)

On the date, time and place stated in the notice, the council shall hold a meeting to receive representations and objections.

Action by council.

75(7)

After the meeting referred to in subsection (6) council shall

(a) give second and third readings to the by-law, send notice to those persons notified under subsection (2) of the decision of council, and register a certified copy or duplicate of it in the land titles office; or

(b) resolve not to proceed further with the by-law and send a certified copy of its resolution to the land titles office, in which case the by-law shall not thereafter be proceeded with, notwithstanding the provisions of section 120 of The Municipal Act.

Removal of registration.

75(8)

Upon receipt of a copy of a resolution under clause (7)(b), the copy of the proposed by-law registered under subsection (2) shall be removed from the register and subsection (4) shall be deemed never to have applied with respect to any plan of subdivision or part thereof to which the proposed by-law would have applied.

Removal of by-law from register.

75(9)

Upon registration of a by-law under clause (7)(a), the copy of the proposed by-law registered under subsection (2) shall be removed from the register and subsection (4) shall be deemed never to have applied with respect to any plan of subdivision or part thereof which was omitted from the by-law following the first reading.

Application for order cancelling plans.

76(1)

For the purpose of facilitating the physical development of any part of a municipality, the council may apply to The Municipal Board for an order cancelling in whole or in part, amending or altering, a registered plan of subdivision of land in the municipality.

Cancellation, etc., may be ordered.

76(2)

Upon the application of a municipality pursuant to subsection (1), after such notice and hearing as it deems proper, and upon such terms and conditions as it may fix, The Municipal Board may order the cancellation in whole or in part, or the amendment or alteration of the registered plan; and notwithstanding the provisions of this Part respecting new plans, or clause 112(3)(g) of The Real Property Act, the board may direct the registration of a plan showing the partial cancellation, amendment or alteration, or a new plan in substitution therefor.

Municipal Board Act applies.

76(3)

Where an application is made pursuant to subsection (1), subsection 95(5) and sections 96 to 103 of The Municipal Board Act apply with such modifications as the circumstances require.

Principles of resubdivision.

76(4)

Notwithstanding sections 96 to 103 of The Municipal Board Act, the following principles shall apply to an application of a municipality pursuant to subsection (1):

(a) all parcels of land, including highways and other public lands within the area comprised in the application shall be deemed to be a single unit of land;

(b) from that single unit there shall be taken the land required for the highways and other public lands, and the remainder shall be divided among the owners in a suitable and equitable manner and for the purpose of this clause the municipality shall be deemed to be an owner of land.

Subdivision regulations.

77

For the purpose of carrying out the provisions of this Part according to its intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders

(a) prescribing areas within the province to which the regulations do not apply;

(b) prescribing the procedure to be followed by applicants, the council of a municipality, the approving authority, the board of a planning district and other interested parties respecting an application for subdivision approval;

(c) prescribing the contents of all maps and other documents which are required to be filed or submitted respecting an application for subdivision approval;

(d) prescribing the fees to be paid to the approving authority or the province in processing an application for subdivision approval;

(e) prescribing procedures respecting the circulation of applications to any authority, agency, department, council or board;

(f) prescribing conditions and standards for the design of the subdivision, streets, lanes, public reserves, lots, blocks and other units of land, the permissible minimum widths and maximum grades of streets and lanes, and the provision of service streets in proposed subdivisions abutting on controlled access highways;

(g) prescribing those provisions of the regulations which may be waived or varied where they are unreasonable or impracticable.

Prescribing forms by minister.

78

For the purpose of carrying out the provisions of this Part according to its intent, the minister may prescribe the form of any documents.

Errors and omissions.

79

Where in the opinion of the approving authority an error or omission exists in a conditional approval, certificate of approval or unregistered plan of subdivision, approved in accordance with this Part, the approving authority may, without any notice correct the error or omission.

PART VII

ENFORCEMENT

Enforcement of by-laws, resolutions and orders.

80

Any by-law, resolution or order enacted or made by a council, board of a district, approving authority, or the minister, under this Act, or any regulation made thereunder may be enforced and contravention thereof restrained by the Court of Queen's Bench upon action brought by a municipality, a district, the director, the minister, or an elector, whether or not any penalty has been imposed for any contravention thereof: and it is unnecessary for the Crown or the Attorney-General or any other officer of the Crown to be a party to such action.

Offences and penalties.

81(1)

Every person who contravenes or disobeys, or refuses or neglects to obey or comply with

(a) any provisions of this Act or any provision of any other Act that, by this Act, is made applicable to proceedings taken or things done under this Act; or

(b) any provision of a development agreement entered into between a council and an owner of land: or

(c) any provision of a zoning by-law, planning scheme, basic planning statement, development plan or any other by-law, regulation, resolution, agreement, scheme or plan enacted or made by a council of a municipality, a board of a district, an approving authority, or the minister, pursuant to this Act or pursuant to powers delegated by the minister or a council of a municipality, under this Act:

for which no other penalty is provided, is guilty of an offence and liable, on summary conviction, to a fine not exceeding $1,000. in the case of an individual or $5,000. in the case of a corporation, or, in the case of an individual, to imprisonment for a term not exceeding six months or to both.

Offences by directors and officers of corporation.

81(2)

Where a corporation commits an offence against this Act or against any by-law of a council or a board of a district, each director or officer of the corporation who authorized, consented to, connived at. or knowingly permitted or acquiesced in. the doing of the act that constitutes the offence, is likewise guilty of the offence and liable, on summary conviction, to the penalty for which provision is made in subsection (1).

Order to remedy breach.

81(3)

A judge or magistrate imposing a penalty on any person under subsection (1) may, in addition to imposing the penalty, order the person to observe, perform or carry out ar. v matter or thing that may be necessary to remedy the contravention for which the penalty was imposed.

Continuing offence.

81(4)

Where the contravention, refusal, neglect, omission, or failure, for which a person is prosecuted continues for more than one day. the person is guilty of a separate offence for each day that it continues.

Indemnity.

82

No member of a council or of the board of a district, employee of a municipality or a planning district, and no person acting under the lawful instructions of any one of them or under the authority of this Act or the regulations, is personally liable for any loss or damage suffered by any person by reason of anything lawfully done or omitted to be done pursuant to. or in the exercise of, powers given by this Act or the regulations.

Proof of by-law.

83

A conviction for breach of any of the documents or instruments referred to in clauses 81(l)(b) and (c) shall not be quashed for want of proof thereof before the convicting judge or magistrate, but the court or judge hearing the motion to quash may dispense with any such proof or may permit the document or instrument to be proved by affidavit or otherwise.

Order to exercise power.

84(1)

Subject to subsections (2), (3) and (4), where any consent required by this Act is refused by an owner or occupier, or the exercise of a power authorized by this Act is prevented by the owner or occupier, a judge of the Court of Queen's Bench who is satisfied by information upon oath that the circumstances requiring the exercise of that power exist, shall order the person to exercise the power.

Owner's consent.

84(2)

The municipality, district board or approving authority, as the case may be, may apply for an order under subsection (1) without first attempting to obtain consent from the owner or occupier.

Entry in emergencies.

84(3)

When an emergency or danger to person, or property arises or is apparently about to arise, the minister may by order grant authority to enter any land, building or premises, to the persons described in the order and authorize the exercise of the powers set out in this Act, and consent to enter and exercise that authority is not required from any other person.

Delegation of powers.

84(4)

The powers set out under subsection (3) may be delegated by the minister to a council or board of a district.

Entry upon premises.

85

The development officer or any other officer, employee or agent of an approving authority, the board of a district or a council duly appointed and authorized for the purpose may, at all reasonable times and with the consent of the owner or occupier but subject to section 84, enter upon any land, building or premises within the jurisdiction of the approving authority, board of a district or council for the purpose of carrying into effect any provision of this Act or a former Planning Act.

Limitation of prosecution.

86

No prosecution for an offence under this Act shall be commenced after two years from the date on which the offence is alleged to have been committed.

PART VIII

TRANSITIONAL

Prior agreements.

87

Nothing in this Act prevents the registration of any transfer of land by the Crown pursuant to an agreement entered into by the Crown prior to the coming into force of this Act.

Alteration of municipal boundaries etc.

88(1)

Where because of an alteration or extension of municipal boundaries, or because of the formation or dissolution of a municipality, or for any other reason, land that was situated within one municipality and subject to the provisions of a planning scheme, development plan, basic planning statement or zoning by-law, as the case may be, is thereafter situated in another municipality

(a) the provisions thereof with respect to that land shall prevail and remain in effect and be administered by the second municipality until the second municipality has amended its planning scheme, development plan, basic planning statement, or zoning by-law, as the case may be, with respect to that land; or

(b) where the second municipality does not have a planning scheme, development plan, basic planning statement, or zoning by-law, the land that is added to the second municipality

(i) is subject to the provisions of the planning scheme, development plan, basic planning statement, or zoning by-law of the municipality existing at the time when the land was added to the second municipality, or

(ii) the second municipality may amend the provisions of the planning scheme, development plan, basic planning statement, or zoning by-law affecting the land added to the second municipality.

Effect of existing by-law, etc. on annexed lands.

88(2)

Where under circumstances mentioned in subsection (1) the lands concerned were not subject to the provisions of any planning scheme, development plan, basic planning statement or zoning by-law, those lands are not subject to the provisions of any existing planning scheme, development plan, basic planning statement or zoning by-law of the enlarged municipality out shall be subject to any scheme, plan, statement or by-law made or passed by the enlarged municipality with respect to those lands subsequent to the enlargement thereof.

Continuation of process.

88(3)

Where under the circumstances referred to under subsection (1), a municipality was in the process of adopting a by-law the enlarged municipality may proceed with the bylaw in accordance with the provisions of this Act as if the alteration of the boundaries of the municipality had not occurred.

Where land use policies do not apply.

89(1)

The provincial land use policies do not apply where a development plan or a basic planning statement has been approved in accordance with this Act.

Where planning scheme provisions do not prevail.

89(2)

Where a conflict arises between the provisions of

(a) provincial land use policies and a planning scheme, the provisions of the provincial land use policies prevail;

(b) a development plan and a planning scheme, the provisions of the development plan prevail: and

(c) a basic planning statement and a planning scheme, the provisions of the basic planning statement prevail.

Conversion of planning schemes.

89(3)

Upon application by a municipality, the minister may at his discretion by order declare that, from the date of the order, a planning scheme or any part thereof is deemed to be

(a) a zoning by-law adopted under this Act, subject to such revision or modification as may be required in order to conform with subsection 42(2) and sections 51 to 59 inclusive; or

(b) a basic planning statement adopted under this Act.

Conversion to zoning by-law.

89(4)

An order shall not be made under clause (3)(a) unless a development plan or basic planning statement is in force in the area or unless an order under clause (3)(b) is made simultaneously therewith.

Notice of order.

89(5)

Notice of an order made under subsection (2) shall be published in a newspaper having a general circulation in the area, giving the effect of the order and the place where the zoning by-law or basic planning statement may be inspected.

Minor alteration.

89(6)

Where the minister permits, the board of a district or the council of a municipality, as the case may be, may amend an adopted development plan, basic planning statement, zoning by-law or planning scheme without prior public notice, a public meeting or, if applicable, approval of the Lieutenant Governor in Council, if in the opinion of the minister the alteration is of a minor nature.

Planning advisory committees.

90(1)

The board of a district or the council of a municipality, as the case may be, may by by-law establish such number of planning advisory committees as may be deemed necessary to advise and assist in the formulation of planning matters, including the preparation of a development plan, basic planning statement or a zoning by-law.

Payment to members.

90(2)

A municipality or planning district may pay the members of a planning advisory committee established under subsection (1) who are not members of a council or a district board such remuneration and out-of-pocket expenses as is deemed advisable by council or the board.

Planning Act to prevail.

91

Where there is a conflict between any provision of this Act or any provision of The Conservation Districts Act, the provision of this Act prevails.

Application of Act.

92(1)

Subject to subsection (2) this Act applies to the whole of the province except

(a) The City of Winnipeg and the additional zone as that expression is defined in The City of Winnipeg Act; and

(b) lands designated as "provincial park lands" under The Provincial Park Lands Act;

unless the Lieutenant Governor in Council by order, declares that this Act or any part thereof applies, with such modifications as the circumstances require, thereto.

Application to Northern Manitoba.

92(2)

This Act applies to Northern Manitoba as defined in The Northern Affairs Act to the extent that it is made applicable and in accordance with the provisions of Part IX.

Amendment of planning scheme.

93(1)

Sections 45 to 50 apply, with such modifications as the circumstances require, to the amendment of a planning scheme.

Restriction on amendment.

93(2)

Subject to the approval of the minister, a planning scheme shall not be amended in such a way as to increase the area of land to which it applies.

Conditional use applications.

93(3)

Notwithstanding any provision of a planning scheme, an application for a conditional use under a planning scheme shall be made to and determined by council in accordance with section 59, with such modifications as the circumstances require.

Non-conforming uses and buildings.

93(4)

Notwithstanding the provisions of any planning scheme, sections 51 to 55 inclusive, apply with such modifications as the circumstances require thereto.

PART IX

NORTHERN MANITOBA

Minister responsible.

94

The minister responsible for this Part and for those sections of this Act that apply in Northern Manitoba shall be the minister responsible for The Northern Affairs Act.

Definitions.

95(1)

In this Part, the words or terms "community", "community council", "incorporated community", " incorporated community council", "local committee", "minister" and " Northern Manitoba" have the meanings ascribed to them by The Northern Affairs Act.

Minister and council defined.

95(2)

Notwithstanding section 1, where a provision of this Act applies to Northern Manitoba, the term " minister" and, in unorganized territory, the term "council" mean the minister mentioned in section 94.

Application of specific provisions to Northern Manitoba.

96

The following provisions of this Act apply, with such modifications as the circumstances require, to Northern Manitoba:

(a) section 1;

(b) Parts I to III;

(c) Part IV except subsections 37(2) to 37(9) inclusive;

(d) Part V except sections 45 to 48, inclusive; subsections 57(4), (5) and (8); subsections 59(2), (3) and (8);

(e) Part VI except sections 66 and 68;

(f) Part VII;

(g) Part VIII.

Approval of minister.

97(1)

An incorporated community council shall not give third reading to or finally pass a development plan by-law or a basic planning statement by-law until it has been approved by the minister.

Objections to zoning by-law.

97(2)

Where an objection has been received by the minister in accordance with the regulations made under section 99, to a zoning by-law which has been given third reading by an incorporated community council, those parts of the by-law to which objection is made are not in force until the objection has been determined by the minister in accordance with the regulations.

Delegation of authority.

98(1)

Where the minister is the council of a municipality for the purposes of this Part, he may by order delegate to

(a) a person;

(b) a community council; or

(c) a local committee;

the authority to

(d) issue development permits under section 40;

(e) make variation orders under section 57;

(f) make conditional use orders under section 59; or

(g) enter into agreements pursuant to section 49 or clause 70(d).

Approving authority for Northern Manitoba.

98(2)

The minister may by order published in The Manitoba Gazette designate a person as the approving authority for Northern Manitoba.

Appeal.

98(3)

Where the minister has made an order under subsection (2), an applicant may appeal the decision of the approving authority to the minister within 30 days of the decision by sending a notice of appeal by registered mail to the minister.

Hearing.

98(4)

Upon an appeal to the minister under subsection (3), he may appoint a person to conduct a hearing in respect of the proposed subdivision and to report thereon with his recommendation or he may direct The Municipal Board to hold a hearing and submit its recommendation to him.

Person conducting hearing.

98(5)

Where the minister appoints a person to conduct a hearing under subsection (4), subsections 10(4), (5) and (6) of The Northern Affairs Act shall apply, with such modifications as the circumstances require.

Municipal Board hearing.

98(6)

Where the minister directs The Municipal Board to hold a hearing under subsection (4), subsections 68(4) and (5) of this Act shall apply, with such modifications as the circumstances require.

Decision and notice.

98(7)

Subsections 68(6) and (7) shall apply, with such modifications as the circumstances require, to the decision of the minister upon an appeal under subsection (3).

Regulations.

99

For the purpose of carrying out the provisions of this Part according to its intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and not inconsistent therewith; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders

(a) respecting procedures, hearings, inquiries, notices, reports, orders or other matters connected with

(i) the adoption or approval of a basic planning statement,

(ii) the adoption of and determining of objections to a zoning by-law, and

(iii) the making of variation orders and conditional use orders; and

(b) respecting the procedure to be followed and the fees to be paid in connection with applications under section 49.