R.S.M. 1987, c. P80
The Planning Act
Table of Contents
1 | Definitions. | |
PART I
ADMINISTRATION |
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2 | Officers and employees. | |
3 | Minister may make grants. | |
4 | Minister may provide p|anning assistance. | |
PART II
PROVINCIAL LAND USE PLANNING |
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5 | Duties of minister. | |
6 | Orders of Lieutenant Governor in Council. | |
7 | Planning board. | |
8 | Chairman and vice-chairman. | |
(2) | Rules and procedure. | |
9 | Duties of the board. | |
10 | Recommendation for special planning areas by the minister. | |
(2) | Designation of special planning areas. | |
(3) | Consultation by minister. | |
(4) | Order in council establishing special planning area. | |
(5) | Publication and notice of order in council. | |
(6) | Contents of special planning area development plan. | |
(7) | Consultation with municipalities and Municipal Board hearing. | |
(8) | Form of notice. | |
(9) | Power to acquire land. | |
(10) | Power of designated minister. | |
(11) | Agreements with municipalities. | |
PART III
DISTRICT PLANNING |
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11 | Establishment of district and boards authorized. | |
(2) | Area to be included in a district. | |
12 | Application to establish district. | |
(2) | Submission to minister for recommendation. | |
(3) | Consultation with municipalities and Municipal Board hearing. | |
(4) | Form of notice. | |
(5) | Municipal Board to recommend area. | |
(6) | Establishment of district | |
(7) | Government may be heard. | |
(8) | Lands in additional zone. | |
13 | Order in council establishing district. | |
(2) | Publication in Gazette. | |
(3) | Evidence of establishment. | |
(4) | Notice of Order in Council. | |
14 | Incorporation. | |
15 | Change of name. | |
(2) | Liability, etc. of board unchanged. | |
(3) | Change of boundaries and dissolution. | |
(4) | Distribution of assets on dissolution. | |
16 | Seal. | |
(2) | Use of seal after change of name. | |
17 | Membership of board. | |
(2) | Term of office of board members. | |
(3) | Cessation of membership on board. | |
18 | Meetings of the board. | |
(2) | Quorum. | |
(3) | Rules and procedure. | |
(4) | Chairman and acting chairman. | |
(5) | Civil servant not eligible as officer. | |
(6) | Voting by chairman. | |
(7) | Remuneration. | |
19 | Majority vote. | |
(2) | General powers as to by-laws. | |
(3) | Recording of by-laws. | |
(4) | Proof of by-laws. | |
20 | Appointment of staff by board. | |
21 | General powers of board. | |
DUTIES OF BOARD | ||
22 | Responsibilities of board. | |
(2) | Other duties of board. | |
(3) | Development officer. | |
(4) | Hearing of objections. | |
(5) | Board as approving authority. | |
23 | Agreement for services and grants. | |
PART IV
DEVELOPMENT PLANS |
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24 | Preparation and adoption of development plan. | |
(2) | Order to amend plan. | |
(3) | Failure to comply with order. | |
(4) | Preparation and amendment of plan. | |
25 | Purpose of a development plan. | |
(2) | Advice and consultation. | |
(3) | Studies and surveys required. | |
(4) | Contents of development plan. | |
26 | Periodic review of development plan. | |
27 | Adoption of development plan. | |
(2) | Consultation with municipal councils. | |
28 | Public notice of meeting. | |
(2) | Adopting by-law and plans available for inspection. | |
(3) | How notice of meeting given. | |
(4) | Representations at public meeting. | |
(5) | Meeting may be adjourned. | |
(6) | Representation by government. | |
(7) | Action of board or council. | |
29 | Municipal plan as part of district development plan. | |
30 | Submission of plan for approval. | |
(2) | Publication of notice. | |
(3) | Determination of date. | |
(4) | Action of minister. | |
(5) | Reference back to board or council. | |
(6) | Reference to Municipal Board. | |
(7) | Public notice of hearing. | |
(8) | How notice of hearing given. | |
(9) | Hearing by Municipal Board. | |
(10) | Board or council may be represented before The Municipal Board. | |
(11) | Representation by government. | |
(12) | Reference back to council. | |
(13) | L. G. in C. to approve by-law. | |
(14) | L. G. in C. decision not subject to appeal. | |
(15) | Effective date of by-law. | |
(16) | Existing development plans revoked. | |
31 | Publication of approval. | |
32 | Effect of adoption of plan. | |
(2) | Zoning by-law. | |
(3) | Amending zoning by-law. | |
33 | Amending development plan. | |
34 | Acquisition and disposal of land. | |
35 | Preparation of basic planning statement. | |
36 | Purpose of a basic planning statement. | |
(2) | Format approval. | |
(3) | Contents of a basic planning statement. | |
37 | Adoption of basic planning statement. | |
(2) | Consultation with municipal councils. | |
(3) | Public meeting. | |
(4) | Application of subsecs. 30(1) to (12). | |
(5) | Minister to approve by-law. | |
(6) | Decision of minister not subject to appeal. | |
(7) | Effective date of by-law. | |
(8) | Publication of approval. | |
(9) | Effect of adoption of statement. | |
(10) | Amending basic planning statement. | |
PART V
LAND USE CONTROL |
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38 | Prohibition of development. | |
39 | Interim development control order. | |
(2) | Development control. | |
(3) | Development permit. | |
(4) | Expiry of development permit. | |
(5) | Duration of order. | |
(6) | Publication of notice. | |
(7) | Provision in order. | |
(8) | Development permit required. | |
40 | Development permit. | |
(2) | Building permit. | |
(3) | Withholding of permit. | |
(4) | Rejection of permit. | |
(5) | Extension of period. | |
(6) | Refusal or granting of permit. | |
41 | Dwelling units permitted on a parcel. | |
(2) | Development officer not to issue permit. | |
(3) | Exceptions to subsections (1) and (2). | |
(4) | Existing zoning by-law or planning scheme to prevail. | |
42 | Zoning by-law. | |
(2) | Contents of zoning by-law. | |
43 | General development standards. | |
(2) | Development standard provisions. | |
(3) | Land subject to flooding and otherwise unsuitable for building. | |
(4) | Power to prohibit includes power to regulate. | |
44 | Consideration in establishing development standards. | |
45 | Enactment of zoning by-law or amendment thereto. | |
(2) | Public notice of meeting. | |
(3) | How notice of meeting given. | |
(4) | Repeal and substitution of zoning by-law or planning scheme. | |
(5) | Errors in the assessment roll. | |
(6) | Proof of posting of notice. | |
(7) | Zoning by-law and plans available for inspection. | |
(8) | Representations at public meeting. | |
(9) | Meeting may be adjourned. | |
(10) | Representation by government | |
(11) | Alteration of by-law, etc. | |
(12) | Minor alteration - waiver of notice. | |
(13) | Limitation on representation. | |
(14) | Record of meeting to be kept. | |
46 | Action by council where by-law not to be proceeded with. | |
(2) | Action by council where by-law given third reading. | |
(3) | Action by council where by-law given second reading. | |
(4) | Where written representation filed. | |
(5) | Council to specify date. | |
(6) | Where no objections received. | |
47 | Action where objections received. | |
48 | Notice of hearing. | |
(2) | Council may be represented at hearing. | |
(3) | Disposition of objection. | |
(4) | Procedures on amendment. | |
(5) | By-law to conform to decision of board. | |
(6) | Filing of objection with Municipal Board. | |
(7) | Transfer of objections to Municipal Board. | |
(8) | Decision not subject to appeal. | |
49 | Agreement with municipality. | |
(2) | Effect of registering agreement. | |
(3) | Execution of agreement before amendment of by-law. | |
50 | Quashing of by-law. | |
NON-CONFORMING USES AND BUILDINGS | ||
51 | Continuance of lawfully existing nonconformities. | |
(2) | Building deemed to be existing. | |
(3) | Certificate may be issued. | |
(4) | Fee for certificate. | |
52 | Cancellation of permit. | |
(2) | Payment of certain expenses where permit cancelled. | |
(3) | Where parties fail to agree on amount | |
(4) | Arbitration. | |
53 | Structural alteration prohibited. | |
(2) | Change to other non-conforming use. | |
(3) | Where non-conforming building damaged. | |
54 | Discontinuance of non-conforming use. | |
(2) | Change in tenants not deemed to affect use. | |
55 | Council may acquire non-conforming building or land. | |
VARIATION BOARD | ||
56 | Establishment of variation board. | |
(2) | Meetings of the board. | |
(3) | Quorum and procedure of board. | |
(4) | Record of proceedings. | |
57 | Application for variation order. | |
(2) | Conditions of variation order. | |
(3) | Types of variation order. | |
(4) | Action to be taken by board. | |
(5) | Hearing. | |
(6) | Order of board. | |
(7) | Majority vote. | |
(8) | Mailing of order. | |
(9) | Decision final and binding. | |
(10) | Expiry of order. | |
58 | Authority of development officer to grant minor variations. | |
(2) | Application for minor variation. | |
(3) | Action to be taken by development officer. | |
(4) | Notice to applicant | |
(5) | Application of section 57. | |
CONDITIONAL USES | ||
59 | Application for conditional use. | |
(2) | Application of subsection 57(4). | |
(3) | Hearing. | |
(4) | Decision of council. | |
(5) | Conditions of approval. | |
(6) | Modification of conditions. | |
(7) | Majority vote. | |
(8) | Mailing of decision. | |
(9) | Decision final and binding. | |
(10) | Expiry of approval. | |
PART VI
SUBDIVISION CONTROL |
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60 | Restriction on registration of certain instruments. | |
(2) | Caveat void. | |
(3) | Exceptions to subsection (1). | |
(4) | Parcel includes highway, etc. | |
(5) | Woodlot not a settlement lot. | |
(6) | Contiguity of land described in title. | |
(7) | Easement not a subdivision. | |
(8) | Affidavit or statutory declaration may be required. | |
(9) | Effect of zoning by-law or planning scheme. | |
(10) | Agreement, etc., contravening control. | |
(11) | Explanatory plans. | |
(12) | Mines and minerals excepted. | |
61 | Application for subdivision approval. | |
62 | Referral of application to council. | |
63 | Resolution of council. | |
(2) | Resolution of council final. | |
(3) | Notice required. | |
(4) | Form of notice. | |
(5) | Manner of giving notice. | |
64 | Rejection of subdivision by approving authority. | |
(2) | Conditional approval or rejection of subdivision by approving authority. | |
(3) | Service of notice of decision. | |
(4) | Alteration of conditions by approving authority. | |
(5) | Re-application of same proposal. | |
65 | Where conditions are fulfilled. | |
(2) | Automatic expiration of conditional approval. | |
(3) | Extension of time limit. | |
(4) | Certificate of approval not to issue until appeal settled. | |
66 | No decision by approving authority. | |
67 | Revocation of approval. | |
(2) | Revocation final. | |
68 | Appeal to Municipal Board. | |
(2) | Contents of notice of appeal. | |
(3) | Decision final. | |
(4) | Hearing of appeal. | |
(5) | Persons appearing. | |
(6) | Order of Municipal Board. | |
(7) | Notice of decision of Municipal Board. | |
(8) | Issuance of certificate after appeal. | |
(9) | Conditional approval to lapse. | |
69 | Prerequisites for approval. | |
70 | Conditions of approval. | |
71 | Payment in lieu of dedication. | |
(2) | Valuation of land. | |
72 | Filing of caveat. | |
(2) | Withdrawal of caveat. | |
73 | Uses of public reserve land. | |
(2) | Land deemed to be public reserve land. | |
(3) | Approval of minister for closing of public reserves. | |
(4) | Disposal of land dedicated pursuant to a condition. | |
(5) | Notice of intention to dispose of public reserve land and hearing. | |
(6) | Disposal of land conveyed as school site. | |
(7) | Notice of intention to dispose of land and hearing. | |
74 | By-laws establishing general levies. | |
(2) | Scale of capital levies. | |
(3) | Establishment of reserve funds. | |
75 | Obsolete plans of subdivision. | |
(2) | Notice and filing in land titles office. | |
(3) | Errors in assessment roll. | |
(4) | Effect of filing. | |
(5) | Contents of notice | |
(6) | Meeting. | |
(7) | Action by council. | |
(8) | Removal of registration. | |
(9) | Removal of by-law from register. | |
76 | Application for order cancelling plans. | |
(2) | Cancellation, etc., may be ordered. | |
(3) | Municipal Board Act applies. | |
(4) | Principles of resubdivision. | |
77 | Subdivision regulations. | |
78 | Prescribing forms by minister. | |
79 | Errors and omissions. | |
PART VII
ENFORCEMENT |
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80 | Enforcement of by-laws, resolutions and orders. | |
81 | Offences and penalties. | |
(2) | Offences by directors and officers of corporation. | |
(3) | Order to remedy breach. | |
(4) | Continuing offence. | |
82 | Indemnity. | |
83 | Proof of by-law. | |
84 | Order to exercise power. | |
(2) | Owner's consent. | |
(3) | Entry in emergencies. | |
(4) | Delegation of powers. | |
85 | Entry upon premises. | |
86 | Limitation of prosecution. | |
PART VIII
TRANSITIONAL |
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87 | Prior agreements. | |
88 | Alteration of municipal boundaries etc. | |
(2) | Effect of existing by-law, etc. on annexed lands. | |
(3) | Continuation of process. | |
89 | Where land use policies do not apply. | |
(2) | Where planning scheme provisions do not prevail. | |
(3) | Conversion of planning schemes. | |
(4) | Conversion to zoning by-law. | |
(5) | Notice of order. | |
(6) | Minor alteration. | |
90 | Planning advisory committees. | |
(2) | Payment to members. | |
91 | Planning Act to prevail. | |
92 | Application of Act. | |
(2) | Application to Northern Manitoba. | |
93 | Amendment of planning scheme. | |
(2) | Restriction on amendment. | |
(3) | Conditional use applications. | |
(4) | Non-conforming uses and buildings. | |
PART IX
NORTHERN MANITOBA |
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94 | Minister responsible. | |
95 | Definitions. | |
(2) | Minister and council defined. | |
96 | Application of specific provisions to Northern Manitoba. | |
97 | Approval of minister. | |
(2) | Objections to zoning by-law. | |
98 | Delegation of authority. | |
(2) | Approving authority for Northern Manitoba. | |
(3) | Appeal. | |
(4) | Hearing. | |
(5) | Person conducting hearing. | |
(6) | Municipal Board hearing. | |
(7) | Decision and notice. | |
99 | Regulations. |