PLANNING AND DEVELOPMENT AMENDMENT ACT, 2017 1 B I L L No. 113

An Act to amend The Planning and Development Act, 2007 (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Planning and Development Amendment Act, 2017. SS 2007, c P-13.2 amended 2 The Planning and Development Act, 2007 is amended in the manner set forth in this Act.

Section 2 amended 3(1) Subsection 2(1) is amended: (

a) by repealing clause (b); (

b) by repealing clause (e); (

c) by adding the following clause after clause (h): “(h.1) ‘day’ means calendar day”; (

d) in subclause (rr)(

i) by adding “ the administration of ” after “ the minister responsible for”; and (

e) by adding the following clause after clause (xx): “(xx.1) ‘school division’ means a board of education or the conseil scolaire within the meaning of The Education Act, 1995”. (2) Subsection 2(2) is amended: (

a) by adding “ District Development Appeals Board, ” after “ Development Appeals Board,”; and (

b) by adding “ a regional planning authority, ” after “ a district planning authority,”. (3) Subsection 2(3) is repealed.

Section 13 amended 4 The following subsection is added after subsection 13(6): “

(7) The minister may, by order, amend, suspend or revoke any order issued pursuant to subsection (1) if the minister considers it appropriate to do so”.

Section 14 amended 5 Clause 14(

a) is repealed and the following substituted: “(

a) every order made pursuant to subsections 13(1), (4) and (7) ”.

PLANNING AND DEVELOPMENT AMENDMENT ACT, 2017 2

Section 19 amended 6(1) Subsection 19(1) is repealed and the following substituted: “

(1) An approving authority may, in its official community plan, adopt policies respecting site plan control for commercial, industrial, institutional or mixed use development”. (2) Subsection 19(2) is amended in the portion preceding clause (

a) by striking out “ specific industrial or commercial development ” and substituting “the specific development”. (3) Clause 19(3)(

a) is amended by striking out “ vehicular”.

Section 23 amended 7 Subsection 23(2) is amended by striking out “ minister ” and substituting “director”.

Section 24 amended 8 Subsection 24(6) is amended by striking out “ minister ” and substituting “director”.

Section 30 amended 9 Subsection 30(1) repealed and the following substituted: “

(1) Notwithstanding

section 29, in order to achieve consistency with a provincial land use policy or statement of provincial interest, the minister may, after consultation with the council, direct the council to prepare and adopt for all or part of the municipality: (

a) an official community plan, and the council shall adopt that plan within two years from the date of the direction or any other period the minister may require as set out in the direction; or (

b) an amendment to an official community plan, and the council shall adopt that amendment within six months after the date of the direction or any other period that the minister may require as set out in the direction”.

Section 32 amended 10(1) Subsection 32(2) is amended: (

a) by striking out “ and” after clause (h); and (

b) by adding the following after clause (i): “(

j) the provision of municipal reserve for school purposes, including policies that: (

i) ensure the creation of municipal reserve sites suitable in size to be used for school purposes; (ii) designate the locations of municipal reserve sites to be used for school purposes; and (iii) provide for the dedication of land or money-in-lieu of land through the subdivision process that supports equity for all subdivision applicants and municipalities within the region; and “(

k) the management of lands that are in proximity to existing or proposed railway operations”.

PLANNING AND DEVELOPMENT AMENDMENT ACT, 2017 3

(2) The following subsection is added after subsection 32(3): “

(4) The policies mentioned in clause (2)(

j) must be developed in consultation with: (

a) the minister responsible for the administration of The Education Act, 1995; (

b) any school division whose boundaries include land within the municipality; and (

c) any municipality that may be affected by the policies if the consultation is determined to be necessary by the minister responsible for the administration of The Education Act, 1995”.

Section 32.1 amended 11(1) Clause 32.1(1)(

c) is amended by striking out “ specific”.

(2) Subsection 32.1(3) is amended in the portion preceding clause (

a) by striking out “minister” and substituting “director”.

(3) Subsection 32.1(4) is amended by striking out “ minister ” and substituting “director”.

Section 49 amended 12

Section 49 is amended by adding the following after clause (j): “(j.1) regulating development in proximity to existing or proposed railway operations; and”.

Section 51 amended 13 Subsection 51(5) is repealed and the following substituted: “

(5) The municipal administrator shall file with the director a certified copy of the fee bylaw and the document mentioned in subsection (2.1) within 15 days after the date on which the bylaw is passed”.

Section 71 amended 14 Subsection 71(3) is am ended by striking out “ minister ” and substituting “director”.

Section 78 amended 15(1) Subsection 78(3) is amended by striking out “ subsection (1) ” and substituting “subsections (1) and (5)”. (2) Subsection 78(4) is amended by striking out “ minister” where it appears for the second time and substituting “director”.

(3) The following subsection is added after subsection 78(4): “

(5) The minister may, by order, amend, suspend or revoke any waiver given by the minister pursuant to subsection (1) if the minister considers it appropriate to do so”.

Section 83 amended 16 Clause 83(

b) is amended by striking out “ minister ” and substituting “director”.

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Section 96 amended 17

Section 96 is amended by striking out “ pecuniary interest” and substituting “conflict of interest or financial interest”.

Section 97 amended 18 Clause 97(2)(

a) is amended: (

a) in subclause (iv): (

i) by striking out “ district planning commission ” and substituting “planning district”; and (ii) by striking out “ the commission” and substituting “ the planning district”; and (

b) by adding the following paragraph after paragraph (vi)(A): “(A.1) adding the affiliation of a municipality ”.

Section 101 amended 19

Section 101 is amended by striking out “pecuniary interest” and substituting “conflict of interest or financial interest”.

Section 102 amended 20 Clause 102(19)(

a) is amended by striking out “ 10 business ” and substituting “15”.

Section 103 amended 21 Subsection 103(1) is repealed and the following substituted: “

(1) Every municipality included in whole or in

part in a planning district shall, in conjunction with the adoption of the district plan, pass or amend, in accordance with this Act, a zoning bylaw that is consistent with the plan for the portion of the municipality included within the district”.

Section 108 amended 22(1) Subsection 108(1) is repealed and the following substituted: “

(1) Subject to

section 97, with any necessary modification, and on the request of the councils of two or more municipalities, the minister may, by order, establish a district planning authority as a body corporate to head the district”. (2) Subsection 108(4) is repealed and the following substituted: “

(4) In making an order pursuant to subsection (1), the minister may: (

a) subject to clause (2)(a), provide for any of the matters set out in subclauses 97(2)(a)(iii) and (iv); and (

b) provide for any other matter that the minister considers necessary with respect to the planning district and its authority”.

PLANNING AND DEVELOPMENT AMENDMENT ACT, 2017 5 New

section 109 23

Section 109 is repealed and the following substituted: “Power of district planning authorities 109(1) A district planning authority described in

section 108 may do any of the following: (

a) exercise any of the powers vested in a council by this Act with respect to the preparation, adoption, administration and enforcement of official community plans, district plans, regional plans and zoning bylaws for the area contained in the planning district; (

b) exercise any of the powers mentioned in clauses 100(

a) to (

e) and 104(

a) to (e), with any necessary modification; (

c) employ or engage the services of any person that it considers necessary and fix their remuneration; (

d) make any arrangements that it considers advisable to obtain suitable accommodation for its purposes; (

e) enter into an agreement with one or more district planning authorities described in

section 108 for the creation of a board, which is to be a body corporate, the sole function of which is to make arrangements to carry out the powers described in clauses (

c) and (

d) on behalf of the parties to the agreement that the parties may agree to; (

f) by bylaw, provide municipal services either to the affiliated municipalities or directly to persons within the planning district, and, by agreement, outside the boundaries of the planning district to another municipality, organization, Provincial Health Auth ority, government or Indian band, according to the terms and conditions set by the district planning authority; (

g) expend funds, charge fees for its services and, by bylaw, set terms and conditions respecting any charges, fees, discounts or penalties associated with providing a municipal service; (

h) enter into development levy an d servicing agreements pursuant to

Part VIII of this Act; (

i) do all other things that it considers necessary, incidental or conducive to exercising its powers or fulfilling its functions or providing the municipal services it is authorized to provide.

(2) The powers outlined in subsection (1) of any district planning authority may be exercised: (

a) only subject to the terms of the minister’s order establishing the planning district; (

b) only subject to the agreement of th e affiliated members of the planning district; and (

c) notwithstanding clause 127(

b) of The Municipalities Act or clause 101(1)(

b) of The Cities Act, as the case may be.

(3) Notwithstanding subsection (1), no district planning authority may exercise the powers of a council mentioned in sections 41 to 43.

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(4) If a district planning authority des cribed in

section 108 has been delegated any authority pursuant to subsection (1) for matters with respect to which appeals may be made, it shall establish a District Development Appeals Board pursuant to

Part XI for the purpose of hearing any appeal of decisions made by the district planning authority.

(5) No district planning authority described in

section 108 has the power to enter into agreements described in

section 235 with the exception of those agreements authorized pursuant to clause (1)(

h) or unless otherwise authorized by the terms of the minister’s order”.

Section 112 amended 24

Section 112 is amended by striking out “pecuniary interest” and substituting “conflict of interest or financial interest”.

Section 119.1 amended 25 Subsection 119.1(3) is repealed and the following substituted: “

(3) A regional planning area may consist of all or any portion of any municipality that the minister considers appropriate”. New

section 119.6 26

Section 119.6 is repealed and the following substituted: “Other duties of a regional planning authority 119.6(1) A regional planning authority may: (

a) exercise any of the powers vested in a council by this Act with respect to the preparation, adoption, administration and enforcement of official community plans, district plans, regional plans and zoning bylaws for the regional planning area; (

b) exercise any of the powers mentioned in clauses 100(

a) to (e), with any necessary modification; (

c) employ or engage the services of any person that it considers necessary and fix that person’s remuneration; (

d) make any arrangements that it considers advisable to obtain suitabl