1982 BILL 7 Fourth Session, 19th Legislature, 31 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 7 PLANNING AMENDMENT ACT, 1982 THE MINISTER OF MUNICIPAL AFFAIRS First Reading Second Reading .................................................... . Committee of the Whole .......................................... . Third Reading ..................................................... . Royal Assent ....................................................... .

Bill 7 BILL 7 1982 PLANNING AMENDMENT ACT, 1982 (Assented to ,1982) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Planning Act is amended by this Act. 2

Section 86 is amended (

a) in subsection (2) by striking out "subsection (3)" and sub­ stituting "subsections (3) and (3.1 )"; (

b) by adding the following after subsection (3):

(3.1) The Registrar shall not accept for registration an in­ strument that has the effect of subdividing a parcel referred to in supsection (2)(

d) or (

e) unless the instrument is accom­ panied by a certificate indicating that each parcel to be cre­ ated by it has direct access or a lawful means of access to a public roadway.

(3.2) The certificate referred to in subsection (3.1) shall be given (

a) by a development officer of the municipality if the parcel to be subdivided is located in a city, town, new town, village or summer village, or (

b) by the Minister of Transportation if the parcel to be subdivided is located in a county, municipil district, im­ provement district or special area. 1

Explanatory Notes 1 This Bill will amend

chapter P·9 of the Revised Statutes of Alberta 1980. 2

Section 86 presently reads: 86(1) Except as provided in subsection (2), a Registrar shall not acceptfor registration an instrument that has the effect or that may have the effect of subdividing a parcel unless the subdivision has been approved by the sub­ division approving authority.

(2) Subject to subsection (3), a Registrar may accept for registration with­ out subdivision approval an instrument that has the effect or may have the effect of subdividing a parcel described in a certificate of title if registration of the instrument would result in the issuing olone or more certificates of title and the parcel described in each certificate of title so issued would consist only of one or more of the following: (

a) a quarter section; (

b) a river lot shown on an official plan referred to in

section 32 of the Surveys Act that is filed or lodged in a land titles office; (

c) a settlement lot shown on an official plan referred to in

section 32 of the Surveys Act that is filed or lodged in a land titles office; (

d) a part of the parcel described in the existing title if the boundaries of the part are described in the existing title other than by reference to a legal subdivision; (

e) a part of the parcel described in the existing title if the boundaries of the part are described in the existing title by reference to a plan of subdivision.

(3) The Registrar shall not accept for registration an instrument that has the effect or may have the effect of subdividing a parcel (

a) if the parcel is described in a plan of subdivision that is registered in a land titles office before July 1, 1950, and 1

Section 161(1) is amended by striking out "98" and substituting "97". In accordance with

section 4(1) of the

Interpretation Act, this Bill comes into force on the date it receives Royal Assent. 2

(

b) if the parcel contains 2 or more lots one or more of which is less than 20 acres in area, unless a subdivision of the parcel has been approved by a subdivision ap­ proving authority.

(4) A Registrar shall not accept a caveat for registration in a land titles office that relates to an instrument that has or may have the effect of subdividing a parcel unless (

a) no subdivision approval is required in respect of that subdivision pursuant to subsection (2), or (

b) subdivision approval has been granted in respect of that subdivi­ sion. 3 Corrects a cross-reference. 2 Title: 1982 (19th, 4th) Bill 7, Planning Amendment Act, 1982