Bill 89 (Legislature 12, Session 2)

L12 S2 6635

Alberta — Bills

Bill No. 89 of 1954 A BILL TO AMEND THE TOWN AND RURAL PLANNING ACT, 1953 ' NoTE This Bill amends The Town and Rural Planning Act, 1958, being

chapter 113 of the Statutes of Alberta,

Section 2 is amended to define "new parcel" which is an expression that occurs in the amended

section 25. Sections 25 and 26 are struck out ·and a new

section 25 substituted. The new

section 25 authorizes the Provincial Planning Advisory Board, with the approval of the Lieu tenant Governor in Council, to make regulations for the purpose of controlling the subdivision of land. Subsection (2) sets out some of the particulars of the regulations which may be made under the general power given in subsection (1). Subsection (3) prohibits the subdividing of land except in conformity with the subdivision regulations, while subsection (4) sets out the circumstances in which the pro hibition applies. Subsection (5) prohibits the approval of a subdivision of land adjoining a main highway without the approval of the Minister of Highways to the subdivision.

Section 27 is amended. Subsection (1) is struck out as it is no longer necessary by reason of amendments to

section 25. A cross reference in subsection (2) is brought up to date and subsections (2) and (3) are renumbered (1) and (2).

Section 84, subsection (2) is amended. Subclause (iv) of clause (

a) requires that the official notice of an intended zoning, interim development by-law or by-laws adopting general plans or development schemes state a time not less than eight weeks from the date of the notice on which a public hearing will be held on such by-law. This time is now to be not less than fourteen days from the publication of that official notice.

Section 85, subsection (3) is amended. Subsection (3) refers to the time of the public hearing referred to in

section 84 (2) and is amended to conform to the amendment to

section 84 (2).

Section 98, clause (

a) is amended to permit interim de velopment by-laws, orders and zoning by-laws made under the earlier Tmvn and Rural Planning Act to be amended or repealed in accordance with the provisions of this Act.

Section 7 validates and ratifies certain subdivision regu lations and transfer regulations made pursuant to

section 6 of The Surveys and Expropriation Act and sections 7 and 9 of this Act, and as to which doubt exists as to the

ii extent . of the powers contained in these sections to make all the regulations contained therein. This

section makes it unnecessary to remake these regulations under the powers now given to make regulations in the new

section 25. This Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not fomt any pa1·t of the Bill but is offered in explanation . of its provisions.)

BILL No. 89 of 1954

An Act to amend The Town and Rural Planning Act, 1953 (Assented to '1954-) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The To'wn and Rural Planning Act, 1958, being

chapter llS of the Statutes of Alberta, 1953, is hereby amended.

Section 2 is amended by adding immediately after

section 2 clause (

k) the following new clause: amended "(k1) 'ne~ parcel' means an area of land situated within "new parcel" "(

i) a district pJanning area, or "(ii) a municipality in which there is in force any by-law or order in the nature of a by-law enacted or made pursuant to the provisions of this Act;". 3. The heading "Transfers" and sections 25 and 26 are

section 2 5 struck out and the following are substituted: amended "Subdivisions "25.

(1) The Provincial Planning Advisory Board, with subdivision the approval of the Lieutenant Governor in Council, may relrUia.ttona make regulations for the purpose of controlling the sub- division of land. "

(2) Without limiting the generality of subsection (1), the Provincial Planning Advisory Board With the approval of the Lieutenant Governor in Council may, by regulation, " (

a) prohibit land from being subdivided unless "(

i) the land is suited to the purpose for which the subdivision is intended, and might reasonably be expected to be used within a reasonable period of time for that purpose, "(ii) the manner of subdivision is in conformity with the provisions or proposed provisions of any existing or proposed· general plan, development scheme or zoning by-law affect ing the land or adjacent land or' in confor mity with a logical extension of any such existing or proposed provision, . ~ ·. . .. .

Section J7 &llltll4ecl 2 "(iii) the owner of the land installs and constructs at his own expense, if required to do so, all such streets, curbing, service roads, lanes, sidewalks, culverts and drainage ditches that might be necessary, "(iv) the manner of subdivision does not preju dice the possibility of the future further subdivision of the land or the future con venient subdivision of adjoining land, and "(

v) the manner of subdivision is the most de sirable and practicable taking into account such considerations as the Provincial Plan ning Advisory Board may specify, " (

b) prescribe rules and conditions concerning "(

i) the laying out of streets, lanes, public re serves, lots, blocks and other units of land, and "(ii) the minimum widths and maximum grades and lengths of streets and lanes, which are to be complied with when land is sub divided, and "(

c) prescribe forms to be used, the procedures to be followed and the fees to be paid by persons sub dividing land. "

(3) Subject to subsection ( 4) "(

a) no land shall be subdivided unless the subdivision conforms with the regulations made by the Pro vincial Planning Advisory Board in that behalf, and " (

b) no Registrar shall register any plan of subdivision or plan of· survey or any transfer by description or any other document of any nature whereby any subdivision might be effected unless the same is approved by the Provincial Planning Advisory Board in accordance with its regulations in that behalf . .. (4) · The provisions of subsection (3) apply only to "(

a) subdivisions effected by any plan of subdivision or plan of survey, and " (

b) a transfer by description or other document that is intended to effect the transfer of an interest in "(

i) a small parcel, or "(ii) a new parcel, the description of which i~ not of record in a Land Titles Office immediately prior to the execution of that transfer or other document. "

(5) The Provincial Planning Advisory Board shall not approve the subdivision of any land that adjoins a main highway established pursuant to The Public Highways Act unless the subdivision has first been approved by the Minister of Highways.".

Section 27 is amended

3 (

a) by striking out subsection (1), (

b) by renumbering subsections (2) and (3) as sub sections (1) and (2), (

c) by striking out the word and figure "subsection (1)" where it occurs in subsection (2) now re numbered as subsection (1) and by substituting the words and figures "clause (

b) of subsection {3) of

section 25".

Section 84, subsection (2), clause (a), subclause (iv) ~~!~~neds• is amended by striking out the words "eight weeks" and by substituting the words "fourteen days".

Section 85, subsection (3) is amended by striking out ::nc;~~~:s the words "except that the time at which the council will hold a public hearing may be less than eight weeks, but shall not be less than four weeks, from the first publication of the official notice referred to in

section 84".

Section 98, clause (

a) is amended by striking out the

section 98 words "until such time as they are repealed, and" and by amended substituting the words "and may be amended or repealed in accordance with the provisions of this Act, and". 8.

The subdivision regulations made jointly by the Prbevdlous D• t f S d th p • • 1 PI • Ad • au !vision 1rec or o urveys an e rovmc1a annmg v1sory regulations Board and approved by Order in Council No. 969/53 dated confirmed the sixth day of June, 1953, and the Town and Rural Plan- ning (Transfer) Regulations made by the Provincial Planning Advisory Board and approved by Order in Council No. 167/54 dated the first day of February, 1954, are ratified, validated and confirmed.". 9. This Act comes into force on the day upon which it is fomlns Into assented to. orce

No. 89 SECOND SESSION 1WELFfH LEGJSLAruRE 3 ELIZABETH II 1954 BILL

An Act to amend the Town and Rural Planning Act, 1953 Received and read the First time ..... Second time ........................ .. ............ . Third time .................. . Hon. MR. GERHART Title: 1954 (12th, 2nd) Bill 89,

An Act to amend The Town and Rural Planning Act, 1953

Document details

Collection	Alberta — Bills
Citation	L12 S2 6635
Type	bill
Volume / chapter	L12 S2 6635
Language	en
Format	json
Source	PROVINCIAL
Identifier	09272fc97ddb4e7cb38c0ffb35b781083a5c35de

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