Bill 57 — A Bill Relating To the /Planning and Regulation of the Use and Rievelopment of Land (Legislature 14, Session 5)

L14 S5 1795

Alberta — Bills

o No. 57 5th Session, 14th Legislature, Alberta 11 Elizabeth II BILL 57 A Bill relating to the /Planning and Regulation of the Use and rievelopment of Land HON. MR. HOOKE Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1963

General. :This is a Bill to repeal and replace The Town and Rural Planning Act, being

chapter 337 of the Revised Statutes of Alberta, 1915i5. The proposed new Act is a revision of the existing !Act with numerous alterations, additions and omissions. The

section ref erences in the notes to each clause are to the sections IQf the existing Act from whi'ch the proposed new sections are taken. 2.

Definitions.

BILL NO'. 57 of 1963

An Act relating to' the Planning and RegulatiQn Qf the Use and Development Qf Land (Assented to , 1963) HER MAJESTY, by and with the advice and CQnsent Qf the Legislative Assembly Qf the PrQvince of Alberta, enacts as fQllQws: 1. This Act may be cited as "The Planning Act". 2.

In this Act, (a) "apprQving authQrity" means the PrQvincial Plan ning DirectQr, a regiQnal planning cQmmissiQn Qr a municipal planning cQmmissiQn authQrized under this Act to' apprQve proPQsed subdivisiQns Qf land; (b) "BQard" means the PrQvincial Planning BQard named in sectiQn 5; (c) "building" includes any structure, erectiQn, stQck pile, sign Qr fixture that may be built Qr placed Qn land; (d) (e) (/) (g) (h) "commissiQn" means (

i) in

Part 3 a regiQnal planning cQmmissiQn, and (ii) in

Part 4 a municipal planning commissiQn; "cQuncil" means (

i) the council Qf a municipality, Qr (ii) in the case Qf a special area Qr an imprQve ment district, the Minister Qf Municipal Af fairs,Qr (iii) in the case of a new tQwn, the bQard of ad ministratQrs; "deveIQpment" means (

i) the carrying Qut Qf any cQnstructiQn Qr ex cavation Qr Qther operatiQns in, Qn, Qver Qr under land, Qr (ii) the making Qf any change in the use Qr the intensity Qf use Qf any land, buildings or premises; "DirectQr" means the PrQvincial Planning DirectQr; "'highway" means a cO'ntrolled highway designated as such pursuant to' The Public Highways Act Qr a majO'r roadway designated as a highway by a regiQnal or municipal planning commissiO'n or shown as a highway on a general or regiQnal plan;

2 (i) "Minister" means the member of the Executive 'Council charged with the administration of this Act; (j) "municipality" means a city, town, village, sum mer village, new town, municipal district, county, special area or improvement district; (k) "non-conforming building" means a building (

i) that is lawfully constructed or lawfully under construction at the date of passage of a de velopment control resolution or at the date of first pUblication of an official notice of a proposal to pass a zoning by-law affecting the land on which the building is situated, and (ii) that does not or will not conform to the re quirements of the resolution or the zoning by law when it becomes effective; (l) "non-conforming use" means a lawful specific use (

i) made or intended to be made of land or a build ing or a building lawfully under construction at the date of passage of a development control resolution or the date of first pUblication of an official notice of a proposal to pass a zoning by-law affecting such land or building, and (ii) that does not or will not conform to the re quirements of the resolution or the zoning by law when it becomes effective; ( m) "parcel" means an area of land registered in a land ti tIes office that (

i) is the subject of a separate certificate of title, or (ii) is capable of being made the subject of a separate certificate of title without contra vening any regulation under this Act relating to the rninimum size of a unit of land that may he used for the purposes to which the area of land is to be put; (n) "plan of subdivision" means a plan of survey pre pared and registered under The Land Titles Act for the purpose of effecting the subdivision of a parcel or parcels of land; (0) "public authority" means a Minister of the Crown and any council, school board, hospital board or other public body with power to use or develop land [or public or community purposes; (p) "public roadway" means any public highway, street, avenue, arterial or limited access roadway, local access roadway, service roadway, boulevard, square, bridge, lane, alley, walkway, sidewalk or any other class of thoroughfare used or intended to be used by the public generally, but does not include a highway as defined in clause (h); (q) "Registrar" means a Registrar of Land Titles;

3 3. Purpose of the Act. The present

section 2a. 4. Appointment of personnel. The present sections 4 and 6. 5. Provincial Planning Board. The present

section 5. 6. Powers and duties of the Board. The present sections 7 and 8.

3 (r) "reserve" means a parcel of land reserved for use as a park, recreation area or a school site; (s) "subdivision" means a division of a parcel of land that is the subject of a separate certificate of title by means of an agreement, plan of subdivision, plan of surveyor any instrument transferring or creating an estate or interest in part of the parcel greater than a leasehold interest for a term of three years. 3.

The purpose of this Act is to provide means whereby plans and related measures may be prepared and adopted to achieve the orderly and economical development of land within the Province without infringing on the rights O'f individuals except to the extent that is necessary for the greater puihlic interest.

PART 1 AUTHORITIES AND AGENCIES Provincial Planning Board 4. Subje'ct to The Public Service Act, 1962, there shall be appointed a Provincial Planning Director and such em ployees as may be necessary to assist the Director and the Board. 5.

(1) The Provincial Planning Advisory Board is hereby cO'ntinued under the style and title O'f the Provincial Plan ning Board.

(2) The Board shall consist O'f (

a) a chairman who shall be appointed by the Lieuten ant Governor in Council; (

b) the Director, whO' shall be the executive member of the Board, and (

c) such representatives of departments O'f the Govern ment that are concerned with any aspects of urban and rural land use and development within the Province, other than Ministers of the Crown as may /be appointed by the Lieutenant GovernO'r in Council. 6. ( 1) The Board shall (

a) advise the Lieutenant Governor in Council with respect to regulations to be made under this Act and administer such regulations as ma.y be assigned to' it, (

b) advise the Lieutenant Governor in Council with respect to the establishment and O'peration of re giO'nal planning cO'mmissions, (

c) assist regional planning cO'mmissions in the co-ordi nation of their activities,

4 7. Other Board powefls. The present se'ction 9.

4 (

d) discharge any other duties or functions assigned to it by this or any other Act or by the Minister, (

e) on or before the tenth day of February in each year, make an annual report to the Minister con cerning the activities of the Board during the pre ceding calendar year, which shall be submitted by the Minister to the next ensuing session of the Legislature.

(2) The Board shall hear, decide and issue orders re specting appeals in all cases where, under this Act or the regulations or any other Act or any regulations there under, the Board is required to do so.

(3) A decision of the Board under subsection (2) is final and binding upon all parties, subject only to an appeal under

section 146. ( 4) The Board may (

a) advise the Local Authorities Board with respect to the planning aspects and implications of applica tions or proposals for the alteration of municipal boundaries, (

b) conduct studies with respect to the physical, eco nomic and social aspects of development and pre pare reports and recommendations on metropolitan growth, the planning of new towns, and any other matters relating to the development of any part of the Province that may require the consideration of the Lieutenant Governor in Council, (

c) assist and advise any public authority in the plan ning of orderly and economical development of land within its jurisdiction and as to the methods where by such orderly and economical development may be attained, (d) (

e) collect such information, undertake such research and publish and disseminate such material as will assist public authorities, and encourage the plan ing of orderly and economical development within the Province, and pay moneys and make grants to any municipality or regional planning commission for such purposes and in such amounts as may be specified from time to time by the Lieutenant Governor in Council. 7. The Board may (

a) fix a quorum for its meetings, hearings, or other sittings, (

b) delegate to any person such of its duties as seem to it proper, and (

c) make regulations prescribing forms to be used and the procedures to be followed in carrying out the intent of this Part.

5 8. Inquiries and hearings. The 'present sections 9a, 9b and 9c. 9. Estatblishment of Regional Planning Commissions (presently District Planning Commissions). The present sections 10 and 11. 10 . .order establishing a regionall planning commi1ssion. The present

section 12.

5 8.

(1) The Board may appoint or direct any person to make an inquiry into and report upon any matter before the Board, or upon any matter or thing over which the Board has jurisdiction.

(2) For the purposes of holding any inquiry or he'aring under this or any other Act or regulation or under a municipal by-law, the Board, or any person appointed by it to make an inquiry, has all the powers of a commissioner under The Public Inquiries Act.

(3) The Board may make and adopt rules of practice, not inconsistent with this Act, regulating its procedure and the times of its sittings.

(4) In the conduct of inquiries and hearings before it, the Board is not bound by the technical rules of evidence. (5 )T'he Board may order by whom and in what pro portion the costs and expenses incurred in making any inquiry and report or in holding any hearing under this Act shall 'be paid, and may fix the amount of the costs and expenses in accordance with a

schedule or scale of costs adopted by the Board.

(6) Where necessary in any inquiry or matter before the Board, the Board or 'any person appointed by it to make an inquiry may enter upon and inspect any land or other property. Regi'onal Planning Commissions 9. The Board, on its own motion, or upon receiving an application of a regional planning commission or of a council made by resolution and after making such inquiries and holding such hearings as it considers sufficient, may advise, and the Lieutenant Governor in Council may order (

a) the establishment of a regional planning com mission, (

b) the representation of a municipality on a com mission, (

c) the withdrawal of a municipality from a commis- (d) (e) (/) sion, the establishment or alteration of a regional plan ning area, the establishment of regulations governing a com mission, and the amendment of an order establishing a commis sion and of the regulations governing a commission. 10.

(1) An order establishing a regional planning com mission shall specify (

a) the municipalities that are to be represented on the commission and the name of the commission, (

b) the area, to be known as the regional planning area, within which the commission may exercise its powers,

6 II. Municipal representation on the commission. The present

section 14a.

6 (

c) the number Qf members to' be apPQinted to' the cQmmissiQn by each represented municipality, and (

d) the members to' be apPQinted to' the cQmmissiQn by the BQard to' represent the PrQvince.

(2) The Qrder may prQvide that twO' Qr mQre municipal ities shall be represented Qn the cQmmissiQn by the same member whO' shall be apPQinted by the cQuncils Qf thQse municipalities, jQintly Qr in rQta.tiQn as the Qrder may pre scribe.

(3) The Qrder shall include regulatiQns (

a) gQverning the QrganizatiQn Qf the cQmmissiQn, the hQlding Qf its meetings and the transactiQn Qf its business in general, and (

b) prescvibing the prQPQrtiQn in which the funds re quired to' meet the estimated annual expenses Qf the cQmmissiQn are to' be cQntributed by the PrQ vince and by the represented municipalities.

(4) The financial yea.r Qf a regiQnal planning commis siQn shall be the twelve-mQnth periQd beginning Qn the first day Qf April.

(5) On Qr befQre the first day Qf July in each year, a regiQnal planning cQmmissiQn shall submit to' its members and ,to' the BQard (

a) a report Qn its QperatiQns and activities during the preceding :Dinancial year cQncerning regiQnal plan ning, municipal planning, subdivisiQn apprQvals 'and any majQr developments, prQjects Qr trans actiQns that have required the attentiQn Qf the cQmmis!siQn, and (

b) in such standard fQrm as the BQard may prescribe, a statement of the incQme and expenditures, assets and liabilities Qf the cQmmissiQn fQr the preceding financial year. 11.

(1) The cQuncil Qf a municipality represented Qn a regiQnal planning commissiQn shall (

a) pay to' the commissiQn the funds required Qf it to' meet the expenses Qf the cQmmissiQn, as deter mined under the regulatiQns gQverning the CQm missiQn, and (

b) apPQint annually, by resQlutiQn, the members re quired'by the regulatiQns gQverning the cQmmissiQn to' be appointed to represent the municipality Qn the cQmmissiQn.

(2) Where a municipality is represented by Qne member, that member shall be a member Qf the municipal cQuncil.

(3) Where a municipality is represented by mQre than Qne member, Qne member shall be a member of the munici pal cQuncil and any Qther member may be (

a) a member Qf the cQuncil, Qr (

b) a resident Qf the municipality whO' is nQt a munici pal Qfficial.

7 12. ISettling differences. The present

section 13. 13. Delegation of council duties to commission. The present

section 14b. 14. Functions of a regional planning commi,ssion. The present

section 14.

7 12.

(1) The council of a municipality represented on a regional planning commission may petition the Board con cerning (

a) the :£inancing of the commission, (

b) the allocation of services by the commission to that municipality, and (

c) the funds required to be paid by that municipality to the commission.

(2) The Board, upon hearing the petition, may make such order .or recommendation, including the adjustment of the funds to be paid to the commission by any municipality, as it deems desirable, and the decision of the Board is final and binding on the commission and on any munici pali ty concerned. 13. The council of a municipality represented on a re gional planning commission may delegate to the commission the function of administering the provisions or part of the provisions of a regional plan or development scheme but only when those provisions are determined by the com mission to be of comm.on concern to two or more munici palities represented on the commission. 14.

(1) The functions of a regional planning commis sion are (

a) to study the resources and development of the regional planning area, with a view to preparing a regional plan, (

b) to prepare a preliminary regional plan for the pur poses of development control during the period of preparation of a regional plan, (

c) to advise and assist the council of any municipality represented on the commission (

i) in the planning of orderly and economical de velopment of the municipality, and (ii) on matters affecting the planning of orderly and economical development that are of com mon concern to the municipality and any other municipality or the Province, (

d) when so requested, to prepare and recommend to the council of any municipality represented on the commission all or any of the following: (

i) a general plan; (

H) a development control by-law; (iii) a zoning by-law; (iv) a development scheme; and (

e) to promote public interest in the planning of orderl~T and economical development of the regional plan ning area.

(2) A regional planning commission

8 15. Establishment of municipal planning commISSIons. This

section is new. The commissions would replace the technical planning boards and the planning advisory commissions authorized under sections 14c and 14d of the existing Act.

8 (

a) may appoint such planning officers and other em ployees and such consultants as the commission considers necessary for its purposes, (

b) may expend the funds furnished to it by the munici palities represented on the commission and by the Province for any of the purposes of the commission, and (

c) shall exercise such rights and powers and perform such duties relating to the planning and control of development that are (

i) vested in it by the Lieutenant Governor in Council, (ii) assigned to it by order of the Board in connec tion with the administration of The Subdivision and Transfer Regulations made under this Act, or (iii) delegated to it by resolution of the council of a municipality represented on the commission.

(3) The Lieutenant Governor in Council, upon the advice of the Board, may make regulations concerning the salaries, pensions, leave and other terms of service of persons em ployed by regional planning commissions. Municipal Planning Commissions 15.

(1) A municipal council may, by by-law, establish a municipal planning commission, consisting in the case of a city, of not less than five members, and in all other cases, of not less than three members.

(2) A municipal planning commission shall (

a) advise and assist the council and co-ordinate the activities of the various departments and agencies 'Of the municipality with regard to the planning of orderly and economical development within the municipality, (

b) where so authorized by this Act, serve as an ap proving authority under The Subdivision and Trans fer Regulations, (

c) advise any approving authority under The Sub division and Transfer Regulations with respect to any proposed subdivisions within or near the boun daries of the municipality, and (

d) perform on behalf of the council such functions under a development control by-law or a zoning by-law as the council, in accordance with this Act, assigns to it.

(3) The members of a municipcd planning commission shall be appointed by the council in the manner set out in the by-law, and in the case of a city, not less than one-half of the members shall be appointed officials of the city.

(4) A municipal planning commission has no power to raise money or expropriate land, but may be authorized to expend such funds as may be furnished it by the council.

9 16. Subdivilsion of land. This

section is taken from

section 6 of The Surveys and Expropriation Act. 17. The Subdivision and Transfer Regulations are authorized. This authority is also taken from

section 6 of The Surveys and Ex propriation Act.

(5) The by-law may authorize the municipal planning commission to retain the services of such special consultants as are necessary for any of its purposes.

(6) The by-law shall provide for the terms of office of the members of the commission, the filling of vacancies caused by the retirement or resignation of members, the holdings of meetings, the keeping of minutes and any other matters pertaining to the organization of the municipal planning commission and the transaction of its business.

PART 2 SUBDIVISION AND RE-SU8DIVISION OF LAN'D General 16. Land shall not be subdivided unless (

a) the land, in the opinion of the approving authority, is suited to the purpose for which the subdivision is intended and may reasonably be expected to be used for that purpose within a reasonable time after a plan or other instrument affecting the subdivision is registered, (

b) the proposed subdivision conforms to any existing or proposed general plan, preliminary regional plan, regional plan, replotting scheme, development scheme or zoning by-law affecting the land or ad jacent land or is in conformity with a logical ex tension thereof, (

c) the proposed subdivision complies in all respects with this Act and The Subdivision and Transfer Regulations, and is approved in the manner pre scribed by those regulations, and (

d) the person proposing the subdivision provides, if required by the municipality, for the installation and construction at his own expense of all necessary public roadways, sidewalks, curbs, culverts, drain age ditches, utility systems, and other public facil ities that may be required of him under The Sub division and Transfer Regulations. 17.

(1) The Lieutenant Governor in Council may make regulations to be known as The Subdivision and Transfer Regulations for the purpose of controlling, regulating and governing the subdivision of land.

(2) The regulations shall prescribe (

a) the procedure to be followed by applicants for ap proval of proposed subdivisions and by the approv ing authorities, (

b) rules governing

10 18. Effect of regulations on power to expropriate. .S~bclause (1) is taken from

section 6 of The Surveys and ExpropnatIon Act. Subclause (2) is new. 19. Approval of proposed subdivision. New. This clause and clauses 20, 2[1 and 22 are presently found in the subdivision regula tions.

10 (

i) the laying Qut and dimensiQns Qf IQts, blQcks and Qther units o.f land, (ii) the laying Qut and minimum widths, lengths and maximum grades Qf streets, lanes and rQadways, (iii) the IQcatiQns, areas and shapes Qf reserves, (

c) the IQcatiQns where subdivisiQns intended fQr specific types o.f develQpment and use are permitted Qr prQhibited, (

d) the fQrms to. he used, the apprQvals to. be o.btained and the fees to. be paid by perSQns applying fQr a'pprQval Qf prQPQsed subdivisiQns, and (

e) such Qther rules and requirements, nQt incQnsistent with this Act, as may be necessary to. carry out the intent Qf this Part. 18.

(1) The SubdivisiQn and Transfer RegulatiQns do. nQt apply when the subdivisiQn is effected by the purchase o.r acquisitiQn of land pursuant to. any law Qf the PrQvince Qr of Canada whereby the purchaser has a right to. expro priate the land.

(2) Where (

a) a public authQrity Qr Qther bQdy having the PQwer to. purchase Qr expropriate land fQr public Qr public utility purpQses intends to. acquire any right Qf way Qr site fQr such a purpQse within a parcel Qf land 'which the Qwner thereof prQPQses to. subdivide, and (

b) the right Qf way Qr site (

i) is required fQr a use that is nQt QccasiQned by the anticipated subdivisiQn and develQpment Qf the parcel, and (ii) is to. be acquired whether the parcel is sub- divided Qr nQt, the Qwner of the parcel may be required, as a cQnditiQn Qf approval Qf the prQPQsed subdivisiQn, to. prQvide the right of way Qr site as part Qf the swbdivisiQn, subject to. any right to. cQmpensatiQn that he may have and to. CQm pliance with any cQnditiQns gQverning the right o.f acquisi tiQn under the Act authQrizing the acquisitiQn Qf the site Qr right Qf way by the public authQrity Qr other bQdy. 19.

(1) A perSQn who. prQPQses to. carry Qut a subdivisiQn Qf land shall apply fQr apprQval Qf the prQPQsed subdivisiQn in the manner prescribed by The SubdivisiQn and Transfer RegulatiQns.

(2) An applicatiQn fQr apprQval o.f a prQPQsed subdivisiQn shall be made to. and apprQval may be given by (

a) the municipal planning cQmmissiQn Qf the city, where the land proPQsed to. be subdivided lies within the cQrpQrate limits Qf the city Qf EdmQntQn Qr the city Qf Calgary, Qr

11 20. Right of appeal to the Board. New. 21. Requirements of The Subdivision and Transfer Regulations may be waived by the Board. New. 22. Approval of the plan of subdivision. New.

11 (

b) a regional planning commission that has been authorized by order of the Board to act as an approving authority in respect of a subdivision of land within a regional planning area, or (

c) the Director in all other cases.

(3) An application shall be approved only if the proposed subdivision is in conformity with this Act and The Sub division and Transfer Regulations.

(4) Where an application is approved by an approving authority other than the Director, that approving authority shall file with the Director a copy of the approved applica tion. 20.

(1) Where an application is refused or is approved subject to any conditions that may be imposed by an ap proving authority, the applicant may appeal to the Board, except when the application is refused for failure to comply with clause (

b) of

section 16, and the Board, on such conditions as it considers necessary to impose, may confirm, reverse or vary the decision of the approving authority.

(2) In determining an appeal, the Board is not bound by the ter,ms of The Subdivision and Transfer Regulations, and may waive, modify or vary any requirement therein or any condition of approval specified in the decision, having regard to all the circumstances relating thereto and all the consequences that in its judgment may issue from the de velopment and use of the land in the proposed subdivision.

(3) If a decision on an application is not made by the approving authority within ten weeks after the authority receives the application in its complete and final form or within such longer period as the applicant may consent to in writing, the application shall be deemed to be refused, and the applicant may appeal to the Board under subsection (1), as. though he had received a refusal at the end of that period. 21.

Where an approving authority is of the opinion that compliance with a requirement of The Subdivision and Transfer Regulations is impracticable or undesirable be cause of circumstances peculiar to a proposed subdivision, the approving authority shall report the circumstances to the Board, and the Board, in its discretion, may order that the applicant be relieved in whole or in part from com pliance with the requirement. 22.

(1) When an application for a proposed subdivision has been approved, the applicant, within twelve months after the date of approval, shall submit to the proper ap proving authority a plan of subdivision or a registerable instrument drawn in conformity with the approved applica tion and upon being satisfied that the plan or instrument so conforms, the approving authority shall endorse it with a certificate of approval.

12 23. Restrictions on registration of instruments that may have the effect of dividing parcels. The present

section 2'4a. '24. Roadways, utility rights of way and reserves are to be provided without compensation when land is subdivided. This is a new section, but its provisions ar'e presently found in the reJ:rola tions.

(2) If the plan of subdivision or registerable instrument is not submitted within twelve months after the date of approval of the application, the approval is void.

(3) Before the endorsement of a plan of subdivision or an instrument, the applicant shall pay such approval fees as are prescdbed by The Subdivision and Transfer Regula tions.

(4) A plan of subdivision that has been endorsed under subsection (1) by an approving authority, other than the Director, shall be forwarded by that approving authority to the Director.

(5) Where the Director is satisfied that a plan of sUlb division conforms with an approved application, he shall endorse the plan with a certificate of approval and may specify a period of time within which his endorsement is effective and within which the applicant shall take all neces sary steps that may be required of him to enable the Registrar to register the plan.

(6) If the Director is of the opinion that a plan of sub division does not conform with an approved application or if any inquiry or inspection of the land made upon his in structions reveals any condition or circumstance that may warrant reconsideration of the application, he shall report accordingly to the Board and the Board may (

a) authorize him to endorse the plan, or (

b) defer the endorsement of the plan, or (c) 'order that its endorsement be refused, or (

d) alter or cancel any condition, subject to which the application was approved, or (

e) impose such additional conditions as the regulations may authorize. 23. Where an instrument (

a) granting a lease for three years or more of only part of a parcel, or (

b) charging, mortgaging or otherwise encumbering only part of a parcel, or (

c) providing for the sale of part of a parcel, has the effect or may have the effect of subdividing the parcel, the Registrar shall not accept the instrument unless it is approved in accordance with this Act and The Sub division and Transfer Regulations or until a plan so sub dividing the parcel is registered under The Land Titles Act. 24.

(1) Subject to any specific requirements and exemp tions that may be made under this Act and The Subdivision and Transfer Regulations, the owner of land comprising a proposed subdivision shall provide from that land, without compensation,

13 25. Provision of a reserve may be deferred or money may be paid in lieu thereof. A new section. 26. 'Disposition of reserves and investment of revenues there from. A new section.

13 (

a) such public roadways and public utility rights of way, or portions thereof, for the purpose of pro viding suitable access and services to all parcels in the subdivision, and (

b) such reserves, as are required by this Act and the regulations.

(2) In each subdivision, the reserves shall contain not less than ten per cent of the total area of the land being subdivided. 25. Where it appears to the approving authority that the provision of a reserve would serve no practical purpose or for any other reason would be unnecessary or undesirable, the approving authority may recommend to the Board and the Board may order that the provision of a reserve in part or in full (

a) be deferred until a further subdivision is made, or (

b) be waived and that in lieu thereof the applicant be authorized to pay to the municipality a sum of money in an amount equivalent to the value before the subdivision of the land that would otherwise have been provided as a reserve. 26.

(1) A reserve shall be used by a municipality or other public authority only for the purposes of a school, a public park or recreation area, but if it appears that a reserve will not be required for any of those purposes, the Board, upon application by the municipality may authorize the lease of the reserve or its sale by tender or public auction.

(2) All moneys received by a municipality pursuant to

section 25 and from the lease or sale of reserves under sub section (1) shall be paid into a special account and may (a) (

b) be expended only for the purchase of land to be held and used by the municipality or a school board for the purposes of schools, public parks and recre ation areas, or 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.

(3) The municipal auditor, in his annual report to the council, shall report on the activities and position of the special account.

14 27. Removail. of dwellings from unsubdivided non-agricultural land. The present

section 2'4b. 28. Replotting scheme's authorized. The present

section 34. 29. Manner of paying for replotting schemes. The present sections 46, 47 and 48.

14 Removal of Dwellings from Unsubdivided Non-agricultural Land 27.

(1) No person shall erect or permit or cause to be erected more than one dwelling house on any parcel of land that is not used exclusively for agriculture. .

(2) Where a dweHing house has been or is being erected In contravention of subsection (1), the council of the munici pality in which the land is situated may cause to be served upon the owner of the parcel a notice in writing requiring him to discontinue the use or erection of the dwelling house and to remove it from the parcel within such time as may be specified in the notice.

(3) If the owner does not comply with the notice, he is guilty of an offence and liable on

summary conviction to a fine of twenty dollars for each day the dwelling house is used as such after service of the notice.

(4) The Board may, by order, exclude from the oper ation of this

section such parcel or area of land as may be described in the order for such period as it may specify in the order. Replotting Schemes 28. A council may authorize the preparation of a scheme to be known as a replotting scheme for the purposes (

a) of cancelling an existing subdivision or a part thereof or consolidating any parcels of land in a subdivis,ion into one area of land, (

b) of making a new subdivision to be registered in place of the cancelled subdivision or the parcels consolidated, 'and (

c) of redistributing the newly subdivided land among the owners of the lands affected by the scheme. 29.

(1) A resolution authorizing a replotting scheme shall prescribe the 11lanner in which the cost of carrying out the scheme is to be apportioned between the munici pality and the owners of the lands affected by the scheme.

(2) The portion of the cost of a replotting scheme pay able by the municipality may be paid from the general revenue of the municipality or raised by a special tax levied and collected upon all lands and improvements in the munici pality liable to assessment and taxation for general purposes.

(3) The portion of the cost of a replotting scheme pay able by the owners of the lands affected thereb~T may be raised by a special tax levied and collected upon and from the lands comprised in the scheme and liable to assessment and taxation for general purposes.

(4) All the provisions of any Act relating to the levying, payment and recovery of the general taxes of the munici pality apply to a special tax levied under this

section a~ if such tax were a general tax of the municipality.

15 30. Regulations respecting replotting schemes. The present

section 62. 31. Form of replotting scheme. The present

section 35.

(5) A municipality, by the issue of debentures, may bor row any sum or sums of money required to pay the cost of and incidental to a replotting scheme as if the scheme had been carried out as a local improvement under

an Act providing for local improvements and applicable to the municipality.

(6) The sums required for the repayment of any such debenture (

a) shall be apportioned between the municipality and the owners of the land affected by the replotting scheme in the manner set out in the scheme, and (

b) shall be raised by special taxes in the same manner as is provided by subsections (2), (3) and (4). 30. The Lieutenant Governor in Council, upon the advice of the Board, may make regulations relating to (

a) the manner and form in which replotting schemes are to be prepared, (

b) the manner in which negotiations with any person having a registered interest in the land affected by a repl'Otting scheme are to be conducted, (

c) the m'anner in which the consent or dissent of persons affected by a replotting scheme is to be evidenced, (

d) the notices to be given to persons affected by a replotting scheme, and (

e) the keeping of accounts of the costs of replotting schemes and the apportionment of the costs, and generally as to the procedure upon any replotting scheme. 31. A replotting scheme shall be in such form as may be required by the regulations and shall specify (

a) the parcels of land that are to be consolidated, (

b) the names of the registered owners of the parcels and of any persons having any registered interest in those parcels, and the nature of any such interest, (

c) the assessed value of the parcels, exclusive of any improvements thereon, and the area of each parcel, (

d) the layout of new subdivisions by means of a plan such as may be required to be submitted with an application under The Subdivision and Transfer Regulations, (

e) the allotment of the new parcels to the owners concerned, (

I) the amount of compensation, if any, proposed to be paid to any owner concerned, and (

g) the estimated cost of the scheme and the share of the cost (

i) to be charged to each owner concerned, and (ii) to be charged to the municiality.

16 32. Valuation of parcels and distribution of the new parcels created by a replotting scheme. A new section. 33. Approval of replotting scheme. The present

section 36 (1) and (2,). Subclause (3) is new. 34. A subdivision made under a replotting scheme is subject. to The Subdivision and Transfer Regulations. The present

section 36(3).

16- 32.

(1) A council shall, immediately after authorizing the preparation of a replotting scheme, cause an appraisal to be made for the purpose of determining the value, at that time, of all the parcels of land, excluding any improve ments thereon, in the existing subdivision that are to be included in the replotting scheme.

(2) The council shall, immediately after the approval of the replotting scheme, cause an appraisal to be made of the value of each new parcel that is to be created under the new plan of subdivision.

(3) The council shall distribute the new parcels among the owners of the existing parcels as nearly as is reasonably possible on the basis of their values as determined under subsections (1) and (2) so that each owner is allotted a new parcel with a value having the same ratio to the total value of all the new parcels, excluding reserves, as the value of his existing parcel has to the total value of all the existing parcels.

(4) Notwithstanding subsections (1) and (2), if the re plotting scheme has been consented to in writing by the registered owners, other than the municipality, of all the parcels affected by the scheme, the appraisals need not be made and the new parcels may be distributed among the owners of the existing parcels as nearly as is reasonably possible on the basis of area so that each owner is allotted a new parcel with an area having the same ratio to the total area of all the new parcels, excluding reserves, as the area of his existing parcel has to the total area of all the existing parcels. 33. (1) vVhen a replotting scheme has been prepared, the council, by resolution passed by the affirmative vote of not less than two-thirds of all its members, may approve the replotting scheme.

(2) Notwithstanding subsection (1), unless the replot ting scheme has been consented to in writing by the regis tered owners (

a) owning sixty per cent of the number of parcels 'affected by the replotting scheme, and (

b) assessed for sixty per cent of the assessed value, exclusive of improvements, of the parcels affected by the replotting scheme, the replotting scheme shall not be approved by the council.

(3) Notwithstanding subsection (1), if the replotting scheme has been consented to in writing by the registered owners, other than the municipality, of all of the parcels affected by the scheme, the replotting scheme may be approved and adopted by a resolution passed by a majority vote of the members of council present. 34. A subdivision to be made under a replotting scheme is subject to the provisions of this Act respecting subdiYi-

1" 35. Replotting notice. The present

section 37. 36. Notice of replotting proceedings. The present sections 38, 39 and 40. 37. A replotting scheme must be discontinued or proceeded with within 6 months. The present sections 4'2 (1) and 43.

17 sions and of The Subdivision and Transfer Regulations, and shall be submitted for approval under those regulations before approval is given by a council under

section 33. 35. After approving a replotting scheme, the council shall f~le in the land titles office a certified copy of the res.olubon approving the replotting scheme, together with a lIst of the parcels affected by the scheme, and thereupon the Registrar s;hall endorse upon the certificate of title of each parcel a memorandum of the resolution to be known as a replotting notice. 36.

(1) The endorsement of a replotting notice on a certificate of title constitutes notice of the replotting scheme (

a) to aU persons having any interest in the land affected by the scheme whether the interest appears upon the certificate of title or not, and (

b) to all persons dealing in the land covered by the certificate of title after the endorsement of the replotting notice, and all such persons are bound by all proceedings under the replotting s,cheme, whether taken before or after the date of the endor'sement of the replotting notice on the certificate of title.

(2) A person who has an interest in or claim on any land affected by the replotting scheme, that is not of record against the certificate of title to the land at the time of the endorsement of the replotting notice upon the title, is not entitled to receive any notice of any proceedangs as to re plotting required to be given by this Part, except a pur chaser from the Crown and a purchaser under The Tax Recovery Act.

(3) A person who acquires an interest in land affected by a replotting scheme, after the endorsement of the re plotting notice upon the title, is not entitled to receive any notice of any proceedings as to replotting unless he has filed in the office of the municipality written notice of his interest, with evidence of registration thereof, and an ad dress to which notices can be mailed. 37.

(1) Not later than sax months after the filing of a resolution approving a replotting scheme that has not been consented to by all the owners of the lands affected by the scheme, the council shall either (

a) discontinue the scheme and file a certified copy of the resolution of discontinuance in the land titles office, or (

b) proceed with the scheme by submitting the follow ~ng documents to the Public Utilities Board: (

i) a certified copy of each notice given pursuant to clause (

a) of subsection (2) ;

18 38. When compensation is to be paid. The present

section 50. 39. Hearing to determine compensation. The present

section 51. 40. Basis of compensation. The present

section 52.

18 (ii) a copy of the notice published pursuant to clause (

b) of subsection (2); (iii) a certified copy of the resolution approving the scheme; (iv) a certified ,copy of the scheme; (

v) a

schedule of the redistribution of land as to area and value to each person who is the owner of any registered interest in land in the scheme; and (vi) 'a s'chedule of the apportionment of costs of the scheme.

(2) If the council proceeds with the scheme it shall (

a) serve notice by mail to all persons who have a registered interest in the land titles office in the 'land affected by the replotting scheme that the council intends to adopt the scheme and of the pro visions of

section 38, and (

b) publish a copy of the notice referred to in clause (

a) in a local newspaper and specify therein the last day upon which an application may be made to the Public Utilities Board has a registered interest in

(3) The Registrar, upon the filing of a certified copy of the resolution of discontinuance, shall cancel all replotting notices relating to that scheme. 38. A person who (

a) at the time the council submits a scheme to the Public Utilities Board has a registered interest in any l:and affected by the replotting scheme, and (

b) has not previously consented to the replotting scheme, m'ay, not l'ater than two months after notice is served pur suant to

section 37, apply for and shall receive such compen sation as the Board fixes. 39. Where a council has submitted the documents specified in clause (

b) of subsection (1) of

section 37, the Public Utilities Board (

a) shall fix a time and place for the hearing of ap plications for compensation by all persons entitled to make such an application, and (

b) shall cause a notice in writing to be sent to those persons not later than thirty days before the date fixed for the hearing. 40.

(1) The Public Utilities Board shall determine whether the value of the new parcel to be allotted to each owner bears a proper ratio to the value of his former parcel as determined under

section 32, and may allow compensation for and on account of

19 41. When compensation prohibited. A new section. 42. The compensation payable is part of the cost of the replotting scheme. The present

section 5,5. 43. Right to compensation. See present

section 56.

19 (

a) loss of or damage to or the cost of moving buildings or improvements upon the former parcel, (

b) loss of income from the use of buildings, or de preciation in the previous value or usefulness of 'any land, building or improvement caused by the carrying out of the replotting scheme, and (

c) subject to

section 41, such other effects of the scheme as it deems fit and proper to consider.

(2) If the Public Utilities Board is not satisfied that a ,proper determination of values and allocation of parcels has been made under

section 32, it may order that such amount as it may determine shall be paid by the council to a person who has a registered interest and who is not adequately compensated by the allocation. 41. No compensation shall be allowed by the Public Utilities Board in respect of (

a) any costs, expenses, loss, damage or inconvenience (

i) incurred or sustained in investigating any re ,plotting scheme or in presenting any claim, or (ii) arising out of or caused by the promotion of any replotting scheme or any delay in proceed ing to adopt or discontinue it, (

b) any building constructed, erected or placed upon land after the date of the endorsement of the re plotting notice, or any alteration made to any exist ing buildings or any improvements to land subse quent to the date of endorsement of the replotting notice, or any actual or anticipated loss, damage or expense incidental thereto or incidental to the re moval of any such building, or (

c) any reduction in or loss of value on account of re duction of area within the limits of a right to take land under this Act for public roadway or other public purposes contained in the Crown grant of the land or a statute applying to the land. 42.

(1) The compensation fixed by the Public Utilities Board shall be deemed to be part of and shall be included in the cost of the replotting scheme.

(2) The compensation shall be paid by the municipality and recovered in the manner provided for the recovery of the costs of a replotting scheme. 43. Except as provided herein, no person is entitled to compensation by reason only of the adoption and carrying out of a replotting scheme.

20 44. Adoption of replotting scheme. A new section. 45. Procedure on adoption. The present sections 42 (2) and 43. 46. nuties of Registrar when replotting scheme adopted. The present

section 44. 47. Effect of replotting scheme. The present

section 45.

20 44.

(1) If no applications for compensation are made within the time limited by

section 38, the council may by resolution adopt the scheme.

(2) Where applications for compensation are made, and after the compensation has been determined by the Public Utilities Board, the council may adopt the scheme as or iginally authorized in

section 28 or with the approval of the Provincial Planning Board, such parts thereof as it is prepared to carry out. 45.

(1) When a replotting scheme is adopted under sub section (3) of

section 33 or under

section 44, the council shall thereupon file in the land titles office (

a) a certified copy of the adopting resolution, (

b) a certified copy of the replotting scheme, and (

c) a plan of subdivision made in accordance with the s'cheme and sealed with the seal of the lTIunicipality.

(2) Notwithstanding

section 82 of The Land Titles Act, the plan of subdivision shall be signed on behalf of the municipality by its proper officers and it is not necessary to obtain on the plan the signatures of the owners of the land included therein.

(3) If the council does not adopt the scheme within six months after the date of determination of any compen s'ation to be paid under

section 42, the council shall p'ass and file in the land titles office a resolution discontinuing the scheme and the Registrar s'hall cancel all replotting notices upon the certificates of title to those parcels to which the resolution applies. 46. Upon the filing of a certified copy of a resolution adopting a replotting scheme, together with the documents required to be filed therewith and if the plan of subdivision has been approved in the manner prescribed by The Sub division and Transfer Regulations, the Registrar shall (

a) register the plan of subdivision, (

b) make the registrations and cancellations and issue the certificates of title and do the other things proper and necessary to register each person named in the certified copy of the replotting scheme as the owner in fee simple in possession of the parcel allotted to him under the replotting scheme, subject only to the encumbrances that appeared on the certificate of title to the parcel owned by him before the registration of the plan of subdivision. 47.

(1) Upon the Registrar accepting for filing a certified copy of a resolution adopting a replotting scheme, together with the documents required to be filed therewith,

21 48. Authority of municipaHty to carry out works. The present

section 57. 49. Disposal of parcels allotted to a municipality pursuant to a replotting scheme. The present

section 5-8. 50. Municipal authority to act. The present sections 59 and 60.

21 (

a) the replotting scheme and the redistribution of the newly subdivided land thereby made are binding f'Or all purposes upon all persons having any interest in the parcels affected by the scheme, subject only to such rights to compensation as are given by this Part, (

b) ex'cept as is otherwise provided in the replotting scheme, (

i) all rights, obligations and incidents of owner ship of the owner 'Of any parcel affected by the scheme or 'Of an interest therein, and (ii) all public and private relationships whatso- ever with respect to such parcel, shall be deemed to be transferred to and exist with respect to the new parcel allotted to such owner to the same extent and in the same manner as they existed with regard to the first mentioned parcel, and (

c) all municipal rates, taxes, assessments and charges levied against any parcel affected by the replotting scheme and the owner thereof shall be levied against the new parcel, and the new parcel and the 'Owner thereof are subject to all proceedings taken and to be taken for the collection of such municipal rates, taxes, assessments and charges in any man ner provided by law.

(2) Nothing in this

section shall be deemed to affect the power of a municipality to assess and levy taxes and rates upon the parcels affected by the replotting scheme until the time the Registrar accepts for filing the certified copy of the resolution adopting the scheme and the documents re quired to be filed therewith. 48. A municipality, by its servants, workmen or con tractors, (

a) may move any building or utility the removal of which is required pursuant to the provisions of the replotting scheme, and (

b) may carry out any other works required to com plete the replotting scheme. 49. A municipality nlay dispose of any new parcels allotted to it pursuant to a replotting scheme in any man ner provided by law for the disposition 'Of the former parcels. 50.

(1) In the absence of any express provision to the contrary, any proceedings or any act or matter incidental thereto required or authorized to be taken 'Or done by the municipality under sections 28 to 49 shall be taken or done by resolution of the council.

22 SI. Allotments and decisions binding. The present

section 41. S'2. Powers of a council. The present

section 61. S3. A compulsory subdivision may be required. The present

section 28. S4. Effect of registration of notice of compulsory subdivision. The present sections 2'9 and 30. SS. Authority of council where owner fails to subdivide. The present

section 31.

(2) The assent of the electors or pr'Oprietary elect'Ors 'Of a municipality is not required for any proceedings or action taken by a municipality pursuant to sections 28 t'O 49. 51. Any allotment, decision, award, consent or 'Other proceedings under sections 30 to 49 is binding upon and enures to the benefit of the owner of the land thereby affected, his heirs, executors, administrators and assigns. 52. For the purpose of carrying out sections 28 to 49, the council may exercise any of the powers conferred upon it by ,this

Part in addition to the powers conferred upon it by the municipal Act under which it is governed. Compulsory Subdivisions 53.

(1) Where an unsubdivided parcel 'Of land is occu pied by two 'Or more occupiers of separate premises thereon, the council of the municipality within whose jurisdiction the parcel is situated, may, subject to the approval of the Board, serve upon the registered owner of the parcel a notice in writing requiring him to apply under The Sub division and Transfer Regulations for approval of a sub division of the parcel within such period of time of not less than one month, as may be specified in the notice and to register an approved plan of subdivision in the land titles 'Office. (2 ) The council shall file a certified copy of the notice in the land titles office and the Registrar shall endorse a memorandum thereof upon the certificate of title of the parcel to which the notice relates. 54.

(1) Where a memorandum of a notice issued pur suant to

section 53 is endorsed on a certificate of title, the Registrar shall not register any instrument purporting to grant or convey an interest in the parcel to which the notice relates until the registration is consented to or the notice is withdrawn or cancelled by the councilor the plan of subdivision is registered.

(2) Upon the registration of the plan of subdivision, the endorsement of the memorandum upon the certific3.ite 'Of title of the owner has n'O further effect and the Registrar shall forthwith cancel the endorsement. 55. If, upon the expiry of the period specified in a notice issued pursuant to

section 53, the registered owner of the parcel described in the notice has refused or neglected to apply for approval of a subdivision as required by the notice, the council on his behalf and with or without his consent may (

a) apply for approval of a subdivision as provided by

section 19,

23 56. Recovery of costs. The present

section 32. 57. SUlbdivision may include the whole parcel. The present

section 33. 58. Zoning caveat regulations authorized. The present

section 16. 59. Effect of zoning caveat. The present

section 17.

23 (

b) upon obtaining the approval, have any necessary survey of the parcel made, and (

c) register a plan of subdivision 'Of the parcel. 56.

(1) The approval fees and the costs of making the survey and registering the plan of the subdivision and any other costs incurred by the council pursuant to

section 55 (

a) are a debt due to the municipality by the regis tered owner of the parcel in respect of which the notice was issued, and (

b) are a charge upon the land included in the parcel.

(2) The council may recover the costs as part of and by the same means as are provided for the rect>very of the general municipal taxes. 57. A subdivision of a parcel made pursuant to sections 53 to 56 need not be confined to those portions of the parcel that are occupied as separate premises at the time of the making of the survey but, if the council so requires and subject to the approval of the Board, the subdivision may include the whole parcel or such portion or portions thereof as can suitably be subdivided for future separate occupancy. Zoning Caveats 58.

The Lieutenant Governor in Council, upon the advice of the Board, may make regulations to be known as The Zoning Caveat Regul'ations (

a) setting out a list of zones into any or all of which the parcels in any proposed subdivision may be clas,sified 'Or divided by the Director, and (

b) prescribing, prohibiting and regulating, as to each zone, such things as a council may prescribe, pro hibit or regul'ate by means of a z'Oning by-law. 59.

(1) Where a subdivision of any land that is not subject t'O a zoning by-law is appr'Oved pursuant to The Subdivision and Transfer Regul'ati'Ons, the Direct'Or may, by means of a zoning caveat, regul'ate the uses to be made 'Of the lots and parcels within the subdivision.

(2) A zoning caveat shall (

a) set out a list of zones of permitted land use classes into which the land comprising the subdivision is divided, (b) (

c) prescribe, prohibit and and regulate uses of land and buildings within each zone in the same manner as m'ay be done by means of a zoning by-law under this Act, be signed by the Director, and

2.4 60. Discharge of zoning caveat. The present

section 18. 61. Notification of zoning caveat. The present

section 19. 62. Approval of Director required before instruments may be registered. The present

section 20. 63. Compliance with zoning caveat regulations. The present

section 21. 64. Offence. The present

section 22. 65. Powers of the Minister. The present

section 23.

24 (

d) be filed by the Director in the land titles office when the plan of subdivision or the transfer or other instrument effecting the subdivision is sub mitted for registration. 60. The Director (

a) may discharge a zoning caveat in whole or in part, or (

b) may discharge a zoning caveat and file instead a new zoning caveat for the purpose of altering the zones into which the subdivision is divided. 61.

(1) The Registrar, upon the filing of a zoning caveat, shall endorse a notification of the zoning caveat upon the certificate of title to every parcel that is affected by the zoning caveat and shall serve a notice of the caveat by mail on the registered owner at his address for service in the land titles 'Office.

(2) Upon the endorsement of a notification of a zoning caveat, every parcel affected by the zoning eaveat is sub ject to the regulations set out in the zoning caveat and applicable thereto.

(3) The provisions of this Act with respect to non conforming buildings and non-eonforming uses apply to land that is subject to a zoning caveat in the same manner as to land that is subject to a zoning by-law. 62. Until a transfer or other instrument presented for registration and relating to a parcel that is subject to a zoning caveat is approved by the Director, the Registrar shall not register the transfer or other instrument, if in his opinion the use of the parcel is not or may not be in compliance with the zoning caveat. 63.

The owner of ,the subdivision and each subsequent owner or 'Occupier of any parcel included in the subdivision shall comply with the regulations set out in the zoning caveat. 64. A person who as a registered owner was served with a notice of a caveat or, as an owner or occupier who acquired his interest after the caveat was endorsed upon the certifiC'ate 'Of title pursuant to

section 61 and wh~ contravenes the regulations set out in the caveat is guilty of an 'Offence and is liable on

summary conviction to a fine 'Of twenty dollars for each day the default c'Ontinues. 65. The Minister has the same powers of enforcement 'Of the regulations set out in a zoning caveat as a council has under this Act in respect of a zoning by-law.

25 66. Effect of zoning by-law or zoning caveat. The present se'c tion 24. 67. Resolution to prepare and adopt a regional plan. See the present

section 101 (1). 68. Advisory powers of a regional planning commission. The present

section 102. 69. Preparation of a regional plan. See the present

section 101 (2).

25 66. Upon the coming into effect of a development con trol by-law or a zoning by-law affecting a parcel in respect of which a zoning caveat has been registered, (

a) the zoning caveat ceases to have any effect, and (

b) the Director shall forthwith register in the land titles office a discharge 'Of the caveat, and thereupon the Registrar shall cancel from the cer tificate of title to the parcel the notification of the zoning caveat endorsed thereon.

PART 3 REGIONAL PLANNING Regional Plans 67. A regional planning commission, by a vote of a majority of not less than two-thirds of the municipalities represented on the commission, may resolve to prepare and adopt a regional plan for the whole or such parts of the regional planning area as are specified in the resolution. 68. A commission, whether it has adopted or resolved to prepare and adopt a regional plan or not, may study and submit to the proper authorities concerned proposals re lating to (

a) the adjustment of boundaries between municipal ities and the annexation of territory by or the amalgamation of municipalities, (

b) the supply of water and the provision of sewerage facilities or other public services within the re gional planning area, (

c) the conservation of na.tural resources, the preven tion of pollution of streams, the control of flooding and the utilization of land and resources within the regional planning area, and (

d) the location, attraction, development, diversifica tion and dispersal of industry within the regional planning area. 69. A regional plan (

a) shall be prepared under the direction of qualified planning officers or qualified planning consultants who shall be appointed by and be responsible to the commission, (

b) shall be prepared on the basis of surveys and studie~ of land use, population growth, the economic base of the regional planning area, its transP'Ortation and communication needs, public services, social services and such other factors as are relevant to the preparation of a regional plan,

26 70. Development control. A new section. 71. Preparation and adoption of preliminary regional plan. The present

section 113.

26 (

c) shall include (

i) a map showing the division of all or part of the land in the regional planning area into areas of permitted land use classes as the commission considers necessary for the pur poses of the regional plan, (ii) a

schedule prescribing the uses of lands and buildings to be permitted within each of those areas, (iii) proposals relating to the provision of highways, public roadways, services, public buildings, schools, parks and recreation areas and the reserva tion of land for these purposes, (iv) a

schedule setting out the sequence in which specified areas of land may be developed or re-developed and in which the public ser vices and facilities referred to in subclause (iii) should be provided, and (

v) proposals relating to the financing and pro gramming of public development projects and capital works to be undertaken by the munici palities or other public authorities having jurisdiction within the regional planning area, and (

d) may include (

i) proposals to facilitate the development of in dustrial enterprises especially adapted to the economic base and resources of the regional planning area, and (ii) such written statements, reports, charts and drawings as may be necessary to express and illustrate the proposals contained in the re gional plan. Development Control 70. Where a commission resolves to prepare and adopt a regional plan, each council having jurisdiction over any part of the regional planning area to which the regional plan is to apply shall (

a) exercise control over development in accordance with the terms of any existing development control by-law enacted under

Part 4, or (

b) in the absence of such a by-law, apply to the Min ister for authority to exercise development control in the manner provided by

Part 4. Preliminary Regional Plans 71. Where a commission resolves to. prepare and adopt a regional plan, and as soon as pOSSIble. t~ereafter,. the commission shall prepare and adopt a prelImInary regIOnal plan by which development shall be ~verned in the exer cise of development control under

section 70.

27 72. Contents of a preliminary regional plan. The present

section 114. 73. When and how a preliminary regional plan becomes effec tive. lSee the present

section 116. 74. Adoption of a preliminary regional plan and a regional plan. See the present

section 103. 75. Notice of intended confirmation of a regional plan. See the present

section 105.

27 72. A preliminary regional plan shall consist of (

a) a map showing the regional area or part thereof divided into such areas of permitted land use classes as the commission considers necessary for the purposes of the preliminary regional plan, and (

b) a

schedule prescribing the uses of lands and build ings to be permitted within each area in the same manner as such uses may be prescribed in a zoning by-law, and may include general proposals for the development and improvement of public roadways in the regional planning area. 73. A preliminary regional plan shall not be adopted except up'On the affirmative vote of two-thirds of the members present and voting upon the resolution. Adoption of Regional or Preliminary Regional Plans 74.

(1) A commission may adopt a preliminary regional plan or provisionally adopt a regional plan at any meeting only if (

a) at least thirty days' notice of motion to adopt the prop'Osed plan has been given by a member at or before the preceding meeting of the commission, and (

b) the commission, upon receipt of the notice of motion, has sent a copy of it, together with a copy of the proposed plan to the council of each municipality and to each public authority having jurisdiction in the regional planning area.

(2) A preliminary regional plan, as originally prepared or as amended, may be adopted 'Only after the commission hlas cons1idered any representations with respect to the plan that are submitted .to it by the public authorities mentioned in clause (

b) of subsection (1) within ten weeks from the date on which copies of the proposed plan were sent to them. 75.

(1) When a proposed regional plan is provisionally adopted, the commission shall give notice thereof and of its intention to confirm the plan by publishing (

a) in a prominent position in one or more newspapers circulating in the regional planning area, and (

b) on at least two occasions, a notice of intended confirmation of the plan.

(2) The notice of intended confirmation of the proposed regional plan shall state (

a) the principal features of the plan and a

summary 'Of its contents,

28 76. Public hearing on proposed regional plan. The present

section 10'6. 77. Copies of the plan are to be sent to the councils affected and the Board. The present

section 108. 78. Effective date of a regional plan. See the present

section 109 (1) . 79. Enactment of a zoning by-law to give effect to the plan. The present

section 109 (2).

28 (

b) the place or places within the regional planning area, one of which shall be the office 'Of the com mission, where a copy of the plan may be inspected by the public during reasonable hours, and (

c) that representations by property owners and other interested persons will be heard by the commission upon a date to be stated in the notice, not less than thirty days from the date of the first publication of the notice. 76.

(1) The commission shall hold a public hearing and as soon as possible thereafter shall meet to consider the representations that have been made and may (

a) make such amendments to the proposed regional plan as it considers advisable in view of the repre sentations, and (

b) confirm the regional plan as advertised or as amended by subsequent advertisement.

(2) A regional plan shall not be confirmed except upon the affirmative vote of two-thirds of the members present and voting upon the resolution. 77.

(1) Upon a regional plan being confirmed or a preliminary regional plan being adopted, the commission shall send a notice of the confirmation or adoption to each council and to the Board.

(2) The commission shall furnish copies of the regional plan or the preliminary regional plan (

a) to the Board in such number as the Board may require, and (

b) to each council in the number of one copy for every councillor and two additional copies.

(3) The commission shall make available for sale to the public copies of the regional plan or preliminary regional plan at such reasonable prices as may be set by the com mission. 78. A regional plan and a preliminary regional plan comes into effect upon being approved by the Board. 79. When a regional plan comes into effect every council shall (a) (

b) forthwith enact and maintain in effect a zoning by-law to give effect to the regional plan as it affects the territory of its municipality, and take any other action within its powers that may be necessary to give effect to the regional plan or to remove any inconsistency between any general plan previously prepared and ad?pted un.der Par.t ~ or any by-law affecting the terrItory of Its mUnICI- pality.

29 80. Notice to other public authorities. The present

section 112. 81. A zoning by-law need not be advertised. See the present

section 110. 82. Amendment of plans. The present

section 118 (2) and (3) 83. A plan must be completely reviewed every 5 years. A new section. 84. Application of the provisions of the Part to amendments. New.

29 80.

(1) When a regional plan comes into effect the commission shall give notice thereof to any public authority having jurisdiction within the regional planning area.

(2) Upon receiving a notice in accordance with sub section (1), each public authority having jurisdiction within the regional planning area shall thenceforth refrain from enacting any by-law, taking any action, or under taking any work or any construction project that conflicts with or is inconsistent with the regional plan.

(3) A public authority has the same right of appeal to the Board as a council has under clauses (

a) and (

b) of

section 85 and is governed by the decision of the Board accordingly. 81. Notwithstanding

section 130, a zoning by-law passed by a council pursuant to

section 79 need not be advertised nor need the council hold any public hearing in connection therewith when the Director certifies that the provisions of the by-law are for the purpose only of implementing the provisions 'Of a regional plan that have already been ad vev"tised. Amendment of Regional Plans and Preliminary Regional Plans 82.

(1) A council may submit to a cDmmission a written request for an amendment to a regional plan or a prelim inary regional plan, together with a statement of the par ticulars of the prDposed amendment and the reason the amendment is requested.

(2) On or befDre the date 'Of the secDnd regular meeting 'Of a commission follDwing the receipt of a request fDr an amendment, the commission shall either adDpt or refuse tD adopt the proposed amendment and, if no action is taken by the cDmmission by that date Dr such later date as may be agreed tD by the council making the request, the request shall be deemed tD be refused and an appeal may be made tD the Board under seotiDn 85. 83.

Each cDmmissiDn that has adopted a regional plan Dr a preliminary regiDnal plan shall at intervals 'Of five years thereafter cDmpletely review the plan and may amend or amplify the regional plan or the preliminary regional plan as it cDnsiders necessary, subject to the right of any council tD appeal to the Board against any amendment or amplificatiDn Dr any refusal by the commission tD adDpt any prDpDsed amendment Dr amplification. 84. The prDvisions 'Of this Part respecting the adoptiDn, advertising, confirmation, apprDval, passage Dr coming into effect of (

a) a preliminary regiDnal plan or a regiDnal plan, or (

b) a develDpment control by-law Dr a zDning by-law, apply 1nutatis mutand1's tD the amendment 'Of such a plan Dr by-law.

30 85. Appeal by a council to the Board. The present

section 12;1. 86. Appeal by a commis1sion to the Board. The present

section 122. 87. Procedure on appeal. The present

section 125. 88. Hearing required. The present

section 124. 89. Powers of the Board on appeal. The present

section 128.

30 Appeals 85. A cQuncil may appeal to' the BQard a decisiQn O'f the cQmmissiQn (a) ~O'nfirmin.g a regiQnal plan Qr adQpting a prelim Inary regIOnal pIan Qr any part thereof, Qr (

b) refusing to' adQp.t Qr cQnfirm an amendment to' a regiQnal plan Qr a preliminary regiQnal plan prQ pO'sed by the cQuncil, Qr (

c) made under sectiQn 93 and referring to' a dispute to' which the cQuncil is a party. 86. A commissiQn may appeal to' the BO'ard where (

a) a cQuncil has nQt passed a by-law required to' imp1e ment a regiQnal plan Qr preliminary regiQnal plan, or (

b) a development cQntrQI by-law Qr a zQning by-law passed by a cQuncil does nQt prQperly implement a regiQnal plan 0'1' a preliminary regiQnal plan, Qr (

c) a public authQrity has taken an actiQn Qr under taken a public work cQntrary to', incQnsisten:t with 'Qr at variance from a regiQnal pl'an or a preliminary regiO'nal plan, Qr (

d) a cO'uncil fails to' administer its zO'ning and O'ther by-l'aws in a manner cQnsistent with a regiQnal pl'an Qr a preliminary regiO'nal plan Qr administers its zQning and Qther by-laws in a manner that causes O'r will cause an incO'nsistency with Qr a variatiQn from a regiQnal plan Qr a preliminary regiQnal plan. 87.

(1) An appeal to' the BQard, under this Part, shall be submitted in writing to' the secretary of the BQard and shall state the circumstances and grounds Qf the appeal.

(2) A CQPy Qf the appeal shall be delivered Qr transmitted by registered mail by the appellant to' the Qffice of the CQm missiQn and the Qffice Qf any municipality cQncerned.

(3) The BQard, in its sQle discretiQn, may refuse to' enter tain an appeal that has nQt been lodged with the secretary Qf the BQard within sixty days O'f the date Qf the decisiQn or actiQn that is the subject Qf an appeal. 88.

(1) The BQard, befQre deciding an appeal made under this Part, shall hQld a hearing Qn the matter at a cQnvenient place in the regiQnal planning area.

(2) At least ten day~ be.fQre ~h.e date set fQr. the hear.i~g, the BQard shall give notIce In wrItIng to' all pubhc authorItIes that it thinks are CQncerned stating the time and place of the hearing and the subject O'f the appeal. 89. The BQard, in disPQsing of an appeal, having regard to' this Part, to' the general S,CQpe and intent of the r~gional plan, Qr preliminary regi~nal plan, and to' the merIts and circumstances Qf the partIcular case, may

31 90. Effect of decisions. The present

section 128. 91. All actions taken or powers exercised by a council are to be in conformity with the plan. A new section. 92. No compensation allowed. A new section.

31 (

a) settle the content of a preliminary regional plan or regional plan and of any by-law made in conformity therewith by a council, (

b) determine whether a bY-law, action or public work of a public authority, as in effect or as proposed, 'conforms to a preliminary regional plan or a regional p~an, (

c) determine whether a council is conforming to, en forcing, or properly administering a preliminary regional plan or regional plan and the by-laws relevant thereto, (

d) require a commission to amend a preliminary regional plan or regional plan, and (

e) require a council to adopt, amend, enforce, or ad minister a by-law in a manner that will cause con formity with a preliminary regional plan or region al plan. 90.

(1) Where the Board in disposing of an appeal re quires a bY-law, a preliminary regional plan, or a regional plan to be amended, the amendment shall be deemed to be in full force and effect upon the publication by the Board of its decision, and it is not necessary for the council or the comm,ission, as the case may be, to pass an amending by-law or resolution for the amendment to be fully effective for all purposes, unless the Board otherwise states in its decision.

(2) A public authority sha.ll not take a contemplated action, issue a permit or carry out a public work, whether or not the work has been commenced, when enjoined by the Boord from doing so either (

a) as a result of a decision made by the Board in dis posing of an appeal, or (

b) pending the hearing and determination of an appeal by the Board. General 91. Any zoning by-law, development control by-law, de velopment scheme, general plan, or replotting scheme pre pared and adopted or confirmed, and any action taken or powers exercised by a council pursuant to

Part 4 shall be in conformity with any preliminary regional plan or any regional plan that is being prepared or has been adopted under this Part and is subject to any conditions or restric tions imposed under this Part. 92. No person is entitled to compensation by reason of the adoption or the carrying out of a provision of a regional plan or a preliminary regional plan if the provision is one that may be contained in or enforcea.ble by means of a zoning by-law.

32 93. Inter-municipal disputes. The present

section 120. 94. Regulations authorized. The present

section 129. 95. Preparation of general plans by municipalities. See the pres ent

section 63. Subclause (2) is new. 96. Requisites of a general plan. The present

section 64.

32 ~~.

(1) Where the council of a municipality is of the opInIOn that an action taken by another council under this Act has Dr may have a detrimental effect within the boundaries of the first municipality, it may refer the matter to the commission whether or not the action is one that comes within the purview of a regional plan or preliminary regional plan.

(2) The commission shall decide any matter referred to it under subsection (1) and the decision is binding, subject to the right of either council under

section 85 to appeal. 94. The Board may make regulations, not inconsistent with this Part, pres'cribing the forms to be used and the procedure to be followed in carrying out the intent of this Part.

PART 4 MUNICIPAl PLANNING General Plans 95.

(1) A council may resolve to prepare a general plan describing the manner in which the future development or re-development of the munic,ipality may best be organized and carried out, having regard to considerations of orderli ness, economy and convenience.

(2) In the case of a city, town or village, the general plan to be prepared may include such areas of land outside the boundaries of the city, town or village as the councils concerned consider necessary to include, having regard to the future orderly and economical growth and development of the city, town or village. 96. A general plan (

a) shall be prepared under the direction of qualified planning officers or qualified planning consultants, who shall be appointed by the council and be re sponsible to it, (

b) shall be prepared on the basis of surveys and studies of land use, population growth, the economic 'base of the municipality, its transportation and communication needs, public services, social ser vices and such other factors as are relevant to the preparation of a general plan, (

c) shall include (

i) a map showing the division of all or part of the land that is to be included in the general plan into areas of permitted land use classes that the council considers necessary for the purposes of the general plan, (ii) proposals as to the content of a zoning by-law,

3,3 97. Adoption of general plan by a by-law. See the present sec tion {),5. Subclause (2) is new. 98. A general plan must be completely reviewed every 5 years. A new section. 99. Zoning by-law to be enacted after adoption of a general plan. The present sedion 66. 100. Application for authority to exercise development control. The present

section :6,8.

33 (iii) proposals relating to the provision of public roadways, services, public buildings, schools, parks and recreation areas and the reservation of l'and for these and other public and com munity purposes, (iv) a

schedule setting out the sequence in which specified areas of land may be developed or re developed and in which the public services and facilities referred to in subdause (iii) should be provided in specified areas, and (

v) proposals relating to the financing and pro gramming of public development projects and capital works to be undertaken by the munici palities or other public authorities having jurisdiction within the area included in the general plan, and (

d) shall include such other written statements, re ports, oharts and drawings as may be necessary to express and illustrate the proposals contained in the general plan. 97.

(1) A council may, by by-law, adopt a general plan.

(2) Where a general plan includes areas of land outside the boundary of a city, town or village, either (

a) each ,council within whose municipal territory such land lies may also adopt the general plan by by law passed in accordance with sections 129 to 136, or (

b) development control shall continue to be exercised with respect to those areas in the manner provided by this Part. 98. The council shall completely review the general plan once every five years after its adoption and may by by-law amend the plan. 99. When a general plan has been adopted, (

a) the council shall proceed with the enactment of a zoning by-law to regulate the use and develapment of land in the manner prescribed and within the area or areas referred to in the general plan, and (

b) the council or any other public authority shall not enact any by-law, take any action or carry out or commence any undertaking or public project that is inconsistent or at variance with the general plan. Development Control 100.

(1) A council, on passing a resolution authorizing the preparation of a general plan, shaH forthwith apply to the Minister for an order authorizing the exercise of control over development in the areas to be included in the general plan or parts thereof before

34 101. Form of application. The present

section 69. 102. Issue of development control orders. The present

section 70. 103. Requirements of development control order. The present

section 71.

34 (

a) the completion and adoption of the general plan, 'and (

b) the passage of a zoning by-law prepared in accord ance with the general plan.

(2) Control shaH be exercised over development on the ib~sis. of the merits of each individual application for per mISSIon to carry out development, having regard to the proposed development conforming with the general plan being prepared.

(3) When the area for which a general plan is to be pre pared includes land lying outside a city, town or village, development control shall be exercised jointly by the coun cils concerned in a manner consistent with this Act and in accordance with the terms of the O'rder issued under sub sectiO'n ( 1) . 1.01. A council, in applying under

section 100, shall submit to' the Board (

a) a certified copy of the resolutiO'n authO'rizing the preparation of the general plan, (

b) a description of the area over which development control is to be exercised, and (

c) a statement of the arrangements that the council has made or proposes to make for (

i) the preparation of the general plan, and (ii) the administration of development control, and the Board if satisfied that the arrangements for the preparation of the general plan and for the administration of development cO'ntrol are appropriate shall so report to the Minister. 1.02. The Minister, upon the report of the Board, may make an order, to be known as a development contrO'I order which shall (

a) suspend the operation of any existing zoning by law within the area over which development cO'ntrol is to be exercised, and (

b) authorize the enactment of such by-laws as may be necessary to enable a council or two or more coun cils jointly to exercise development control over the described area. 103. A development cO'ntrol order shall prescribe (

a) the date upon which the suspension of the opera tion of any existing zoning by-law comes into effect, and (

b) the manner in which development contrO'I shall be exercised and administered and the matters to be subject to such control.

35 104. Development control by-'law. New. lOS. Appointment of development cont'rol officer. See the present s·ection 71a (2). 106. Rules respecting the Ulse of land and specific kinds of development. See the present

section 7'la (2a). 107. Land use elassification guides authorized and authority is given for provisional approva,ls of changes in land uses. A new section.

35 104.

(1) A development control by-law shall, subject to this section, provide for the control of development by means of a system of permits.

(2) The by-raw may provide that where a develDpment permit is refused, an application for the same development may not be suhmitted by the same or any Dther person until at least six months, or such longer period (not exceed ing two years) as may be fixed by the by-law, after the refusal.

(3) A ,council may issue a development permit on con ditions as to the construction of public roadways required to give access to. the development and the installation of utilities that are necessitated by the development.

(4) If the development authorized by a permit is not com menced within twelve months from the date of its issue the permit ceases to be valid. 105. A development control by-law may provide for the appointment of a development control officer and the coun cil m'ay by resolution authorize the municipal planning commission or the development control officer to receive, consider and decide on its behalf any app1ications for de velopment permits. 106.

(1) A council may by resolution make rules re specting (

a) the use of land in specific areas, or (

b) any special aspects Df specific kinds of develop- ment and the manner of their control, by which the municipal pl1anning commission, or develop ment control officer shaH be governed in dealing with ap plications.

(2) A resolutiDn passed under subsection (1), or under subsection (1) of

section 107, (

a) shall be submitted to the Board for its approval and shall be accompanied by a report in writing indicating the considerations on which the resolu tion is based, (

b) has no force or effect until it has been approved by the Board, and (

c) upon being approved by the Board, shall ~ pub lished in such manner as the Board may reqUIre. 107.

(1) A land use classification guide and a

schedule Df permitted land us~s may be pr~pared and adDpted by a resolution of a counc'll under sectlOn 105 for the purposes of development control, but such a guide or

schedule is not part of the development control by-law.

(2) Where the owner or prospective owner Df land wishes to develop the land for a use for which the land is not

36 108. Parts oi a general plan may be adopted. See the present

section 71a (2a). 109. Establishment of development appeal board. See the present

section 71a (4). 110. Appeals. See the present

section 71a (3) to (7). Ill. Effective date of deve[opment control. See present sectior 7'2 (1).

36 classified in the guide, he may apply to the council for provisional approval of the use desired and the council may grant a provisional approval of that use.

(3) A provisional approval granted under subsection (2) is effective for twelve months from the date thereof and within that time an application may be made for a specific development of the land in conformity with the approved use and if a development permit is granted the land use c1asslification guide shall be so amended. 108. At any time during the operation of development control, a council may by by-law adopt and implement, in the manner prescribed by this Act, any part or parts of a general plan before the completion of the full general plan. 109.

A development control by-law may provide for the establishment of a development appeal board, which shall consist of at least three persons to be appointed annually by resolution of the council, none of whom shall be officials or servants of the council, or members of the municipal planning commission, and at least one of whom shall be a member of the council and a majority shall be persons other than members of the council. 110.

(1) A person affected by a decision of a municipal planning commission or a development control officer made pursuant to

section 105 may appeal (

a) to the development appeal board, or (

b) where no development appeal board is established, to the council.

(2) The development appeal board or the council, as the case nlay be, shall hold a hearing of each appeal and deter mine the appeal, having regard to the merits and circum stances of the case and to any considerations arising from or relevant to the preparation of the general plan.

(3) A person claiming to be affected by a decision of the development appeal board under subsection (2) may appeal tha t decision to the council, and the council shall hold a hear ing and, upon determining the appeal shall confirm, reverse or vary the decision appealed from, subject to any con ditions that the council may see fit to impose.

(4) In determining an appeal made under subsection (3) a council shall have due regard to the general purposes and intent of the development control by-law and the general plan tha,t is being prepared.

(5) A decision of a council !!lade u~der this

section is final and binding upon all partIes, subject only to appeal under

section 146. 111. Development control becomes effective within a municipality when, pursua~t to .a development control order and in accordance WIth thIS Part, a development control by-law is passed and approved.

37 112. Alteration of development control order. The present sec tion 7'2 (2), (3), (4), 113. Development control in improvement districts and special areas. The present

section 72:a. 114. Adoption of development schemes. The present sedion 7>3.

37 112.

(1) Where a development control order is in effect in a municipality other than (

a) an improvement district, or (

b) a special area, or (

c) a municipality that is a member of a regional plan- ning commission, the council shall report to the Board at such intervals as the development control order may prescribe, on the pro gress made in the preparation of the general plan and on the operation of development control.

(2) The Minister, upon the report of the Board, may amend, rescind or replace a development control order if he is not satisfied with the progress being made in the preparation of a general plan or with the manner in which development control is being administered.

(3) Where the Minister amends, rescinds or replaces a development control order, the council shall forthwith amend, rescind or replace its development control by-law accordingly. 113. With respect to the control of development in a special area or in an improvement district, the Minister may delegate to such person as he may appoint any or all of the functions required of the Minister by sections 104 to 110. Development Schemes 114.

(1) At any time after the adoption of a general plan or while development control is being exercised prior thereto, the council may prepare and by by-law adopt a development scheme for the purpose of (

a) ensuring that any proposal contained or to be in cluded in the general plan will be carried out or will be carried out in a particular manner, or (

b) amplifying the details of any such proposal, or both.

(2) Without limiting the generality of subsection (1), the council, by a development scheme, may (

a) provide for the acquisition, assembly, consolidation, subdivision and sale or lease by the municipality of such land and buildings as are necessary to carry out the development scheme, (

b) reserve land for future acquisition as the site or location of any public roadway, service or building or for a school, park or other open space and make such agreements with the owners of the land as will permit its acquisition and use for those pur poS'es, (

c) specify the manner in which any particular area of land is to be used, subdivided, or developed, and regulate or prohibit the construction of buildings that would interfere with the carrying out of the development scheme, and

38 I Hi. Hegulations respecting development schemes authorized. A new section. 116. Erffective date of a development scheme. The present

section 75. 117. Acquisition of lands and buildings for the purpose of carry ing out a development scheme. The present sections 76, 77 and 7:8. 118. Expenses for the purposes of a development scheme. The present

section 79. 119. Zoning by-laws. The present

section 80 in part.

38 (

d) make available any land f'Or agricultural, residen tial, commercial, industrial, or other uses of any class at any particular time. 1.15.

(1) The Lieutenant Governor in Council, upon the advIce of the Board, may make regulations prescribing the manner and form in which development schemes shall be prepared.

(2) A development scheme gohall describe and set out (

a) the manner in which the scheme is intended to implement a proposal or part of a proposal con tained or to be contained in the general plan, (

b) the land affected by the scheme, and the names and addresses of the owners of such land, and (

c) the details (

i) of the development to be carried out, or (ii) of any land to be reserved and the manner in which the reservation is to be effected, or (iii) of the manner in which land affected by the scheme is to be subdivided. 116. A development scheme comes into force upon being adopted by by-law and being approved by the Board. 117.

(1) When a development scheme comes into force, the council may acquire by expropriation or otherwise any l'ands or buildings the acquisition of which is essential to the carrying out of the scheme, together with lands (

a) that are the remnants of parcels, portions of which are necessary for carrying out the scheme, or (

b) that may be injuriously affected by the scheme.

(2) Where land is acquired for the purposes of a devel opment scheme, the owner of the land has the same right to compenS'ation therefor as he would have if the land were acquired for public purposes by the municipality under the municipal Act by which it is governed.

(3) A council may dispose of any lands acquired for the purpose of the devel'Opment scheme without the approval of the proprietary electors, subject to any building or other restrictions that may be set out in the development scheme. 118. An expense incurred by a council in acquiring lands or taking any other action for the purposes of a development scheme shall be met as part of the cost of the scheme and the proceeds of any sale or other disposition of the lands so acquired shall be applied against the cost of the development scheme. Zoning By-laws 119.

(1) A council may pass a zoning by-law to regulate the use and development of land within its municipal

39 120. Basis of a zoning by-law. The present

section 80 in part. 1'21. Contents of a zoning by-law. The present

section 80 (6) and (6a) with some new provisions added.

39 boundaries and for that purpose may divide the munICI pality into zones of permitted land use classes, of such number, shape and area as it considers advisable, prescribe the purposes for which buildings and land may be used, and regulate or prohibit the use of such land or buildings for any other purpose.

(2) Where a council adopts part of a general plan with respect to specific areas of land that are subject to a development control by-law, the council shall pass a zoning by-law with respect to those areas, and the development control by-law then ceases to a'pply to and within those areas. 120. A zoning by-law (

a) shall be based upon a survey of the existing land uses and conditions of land and buildings in the munici pali ty, (

b) shall prescribe for each zone the uses of land and buildings that are permHted therein, or prohibited therein, subject only to such regulations as may be contained in the zoning by-law, and (

c) shall not establish a zone in which only parks, play grounds, schools, public recreation grounds or public buildings are permitted unless, at the time the zone is established, the lands in the zone are owned by the municipality or by a public authority. 121.

(1) A zoning by-,law may contain provisions for the purpose of (

a) regulating as to any zone (

i) the ground area, floor area, height and bulk orf buildings, (ii) the depth, dimensions and area of yards, courts, off-street parking areas and other open spaces to be provided around buildings, and the maintenance of such spaces, (iii) the pl'ace'ment, location, arrangement and maintenance of buildings on their sites and their relationship to other buildings, (iv) the placement, height and maintenance of fences, walls, hedges, shrubs, trees and other obje'cts where their regulation is necessary to maintain good visibility for the safe movement of traffic, (

v) the size of rooms in buildings, (vi) the design, character and appearance of build ings, (vii) the provision of access to sites from adjoining streets or lanes, (viii) the outdoo~ ~torage o~ goods, machin~ry, vehicles bUIldIng materIals, waste materIals and oth~r items and requiring outdoor storage

40 sites to be screened by fences, buildings or hedges as may be prescribed or approved by the council, (ix) the use, location, design and construction of off-street parking and loading facilities, and (

x) the public display of signs and advertisements and prohibiting or controlling the placement, construction, height, size and character of signs and advertising devices, (

b) pres'cribing conditions under which dilapidated signs and advertisements m'ay be required by re solution of council to be renovated or removed, (

c) prescribing as to any zone (

i) the minimum site area and dimensions of par ;cels required for particular sizes of buildings or uses of lands or of buildings, (ii) maximum and minimum permissible densities of population, which may be expressed in the zoning by-law as a ratio of habitable rooms per acre or as a number of dwelling units per site area or in a similar manner, and (iii) the facilities to be provided for off-street parking or loading of vehicles, which may be expressed in the by-law in terms of the mini mum number of parking or loading stalls or the minimum area for parking or loading required to be provided for particular sizes of buildings or uses of land or of buildings, (

d) regulating the erection of buildings (

i) within a specified distance of any lake, river or watercourse, (ii) on land that is subject to flooding or sub sidence or is low-lying, marshy or unstable, and (iii) within a specified distance from any airfield or airport, and (

e) presicribing building regulations or adopting and constituting as building regulations the regulations published under the titles of The National Build ing Code of Canada 1960, or The Uniform Building Code 1958 Edition of the Pacific Coast Building Official Conference, or any specified part, provision or amendment of the regulations either in place of or in addition to ;lny other regulations made un der this clause.

(2) In prescribing the facilities to be provided for off street parking under subsection (1), a zoning by-law ~ay provide that an owner of land to be developed may, subJect to the approval of the council, (

a) provide the required off-street parking on land other than that to be developed, or

41 122. Delegation of authority. See the present

section 80 (7). 123. Application of zoning by-law. See the present

section 80 (7) and (11). Subclause (3) is new. 124. Regulation by permits. See the present

section 80 (8) and ('9).

41 (

b) at his option and in lieu of providing off-street parking, pay to the municipality such amount of money on such terms as the council considers reas onable in return for equivalent public parking space to be provided by the municipality elsewhere in the zone, and any money so received by the municipality shall be used only for the development of municipal off-street parking facilities. 122. A zoning by-law may provide that a municipal planning ,commission or an official of the municipality may be authorized by resolution of the council to act on its behalf in respect of the matters referred to in sections 123 and 126. 123.

(1) A zoning by-law may prohibit the erection of a building on any site where it would otherwise be permitted under the zoning by-law when, in the opinion of the council, satisfactory arrangements have not been made for the supply to such building of water, electric power, sewerage, street aocess or other services or facilities or any of them.

(2) A zoning by-law may provide that the council, in its dis'cretion and in any particular circumstances of proposed land use to be set out in the by-law, shall determine the manner in which any regulation made under

section 121 shall apply in specific cases.

(3) A zoning by-law may provide that when an applica tion for a change of zoning or a permit is refused, an ap plication for the same change or permit may not be sUJb mitted by the same or any other person until at least six months, or such longer period (not exceeding two years) as may be fixed by the by .. law after the refusal. 1'24. A zoning by-law may (

a) regulate and prohibit (

i) the excavation or filling in of land, or the re moval of top soil from land, (ii) changes in the use of a building or of land, and (iii) the erection, construction, placement, moving in, enlargement, alteration, repair, removal and demolition of a building, and may require that a permit therefor is first ob tained, (

b) prescribe a system of development permits and building permits, the terms and conditions under which a permit may be issued, suspended, reinstated and revoked, and (

c) require that (

i) any work undertaken without a permit or after a permit has been suspended or revoked, or

42 125. Non-conforming buildings and uses. The present

section 82. 126. Unauthorized construction. The present

section 90.

42 (ii) any prohibited use being made of land or of a building, be discontinued upon notice issued by an authorized officer of the municipality and be not resumed until a permit therefor has been issued or reinstated. 125.

(1) Where a zoning by-law has been adopted, a non-conforming building shall not be enlarged, added to, rebuilt or structurally altered except (

a) as may be required by statute or by-law, or (

b) as may be necessary to make it a conforming build ing, or (

c) as the council or an official or servant of the council designated by the zoning by-law may deem necessary for the routine maintenance of the building.

(2) If a non-conforming building is damaged or destroyed by fire or other causes to an extent of more than seventy five per cent of the value of the building above its foun dation, the building shall not be repaired or rebuilt except in conformHy with the zoning by-law.

(3) A non-conforming lawful use of land or a building may be continued, but if that use is discontinued or changed, any future use shall conform to the provisions of the zoning by-law.

(4) A non-conforming use of part of a building may be extended throughout the building, but the building, whether or not it is a non-conforming building, shall not be en larged or added t'O and no structural alteration shall be made therein.

(5) A non-conforming use of part of a parcel of land shall not be extended or transferred in whole or in part to any 'Other part of the parcel and no additional building shall be erected upon the parcel while the non-conforming use continues.

(6) The use of land or a building is not affected by reason only of a change of ownership, tenancy or 'Occupancy of the land Dr building. Unauthorized Construction 126.

(1) Where the erection, construction, enlargement, alteration, repair, removal or. demoliti.on of a building or any excavation or work is. beIng c~rrled out or a~y land or building is used otherwIse than In accordance WIth (

a) this Part, or (

b) a development scheme, development control by-law or zoning by-law, or (

c) a permit issued in accordance with such a by-law or scheme,

43 127. A development appeal boa·rd must be established. S'ee the present

section 8'1 (1). 128. Appeals to the development appeal board. See the present

section 811 (3) to (6).

43 the council, by written notice either served personally upon ?r sent by registered mail to the owner of the property Involved, may require the removal, demolition, or alteration of the building, the filling in of the excavation, or the ces sation 'Of the work or the use to which the land or building is being put, as the case may be. (2) 'The notice shall state (

a) the grounds upon which the removal, demolition, alteration, filling in, or cessation of work Dr use is required, and (

b) that the removal, demolition, or alteration of the building, the filling in of the excavation, or the cessation of the work or the use of the land or build ing, as the case may be, shall be carried out or ef fected within a reasonable period s·tated in the n(jtice, which shall be not more than two months computed from the date of the notice.

(3) If an owner 'Of property to whom notice is given pursuant to subsection (1) fails to comply with the require ments of the notice, the council, by its officials or servants, may enter upon the property and carry out or effect such removal, demolition, alteration, filling in, or cessation of use as the notice requires to be done or effected, and may recover the expense thereof from the owner by action, and the expenses, until paid by the owner, are a charge and lien upon the property in respect of which the notice was given. 127. If a development appeal board has not been estab lished under

section 109, a zoning by-law shall establish one to be constituted in accordance with

section 109. 128.

(1) An appeal to the devel.opment appeal b.oard may be made by a person (

a) who claims that the strict enforcement of the re quirements of a zoning by-law 'Or of

section 125 would cause him special and unnecessary hardship because of circumstances peculiar to the use, char acter .or situation .of his land .or building, or (

b) wh.o is not satisfied with a decision resulting from the exercise .of discretionary powers by the council, the municipal planning commission or an authorized 'Official of the municipality under the zoning by law, .or (

c) who proposes a specific use of land or a building that is not expressly provided for by the zoning by law but is similar in character and purp.ose to other uses of land and buildings permitted by the zoning by-law in the zone in which such use is proposed, .or (

d) when a zoning by-law provides for an appeal,

(2) The development appeal board shall ensure that reasonable notice of the hearing of each appeal is given to all persons to whom n.otice is required to be given by the z.oning by-law and any other persons who, in its opinion, may be affected by the subject .of the appeal.

44 129. Enactment of by-laws. A new section. 130. Procedure for enacting by-laws. The present

section 83 in part.

(3) The development appeal board shall consider and determine each appeal having due regard to the circum stances and merits of the particular case and the general purposes and intent of the zoning by-law and any general plan that has been adopted and, in the case of an appeal made under clause (

a) of subsection (1), shall seek to re lieve the appellant from unnecessary hardship to such ex tent as in its opinion will not be unduly adverse to the public interest.

(4) In determining an appeal, the development appeal board may confirm, reverse or vary the decision appealed from and may impose such conditions or limitations as it deems proper and desirable in the circumstances.

(5) The decision of the development appeal board is final and binding up,on all parties, subject only to an appeal under

section 146. Enactment of By-laws 129. Sections 130 to 134 apply to by-laws adopting general plans and development schemes and to development control by-laws and zoning by-laws. 130.

(1) A council, before giving a proposed by-law second reading, shall send two copies of the by-law to the Director, who shall advise the council as to the form and content of the by-law a.nd its conformity with this Act.

(2) Upon being so advised, the council shall revise the by-law as may be necessary and shall publish in two issues of at least one newspaper or in at least one issue of each of two newspap€rs circulating in the municipality, an official notice stating (

a) the purpose for which the council p,roposes to pass the by-law, (

b) the place or places, one of which shall be the office of the municipality, where a copy of the proposed by-law may be inspected by the public during reasonable hours, and (

c) the time and place at which the council will hold a public hearing on the proposed by-law, which shall be after the last pUblication of the official notice and not less than fourteen days after the first publication of the notice.

(3) Before publication of the notice required under sub section (2) the council may by resolution prescribe the procedure t~ be followe~ by persons who wish .to submit representations conc.ernlng the by-IB;w and, WIthout re stricting the generahty of the foregOIng, may (

a) require the submission of written representations to the council prior to the hearing, and (

b) regulate the presentation of oral submissions at the public hearing.

45 131. Amendment of proposed by-law. The present

section 83 in part.

(4) Any requirements or regulatio.ns made by reso.lutio.n of the co.uncil under subsection (3) shall be set o.ut in the no.tice o.f the public hearing.

(5) The co.uncil shall ho.ld a public hearing at the time and place stated in the no.tice and at that hearing, subject to. subsectio.n (3), shall hear any perso.n who. wishes to. make representatio.ns co.ncerning the manner in which any pro.visio.n 'Of the by-law may affect him o.r any o.wner o.f land who.m he represents or the public at large o.r any Io.cal group o.f residents o.r pro.perty o.wners.

(6) A co.uncil may ho.ld mo.re than o.ne public hearing and the time and place o.f any hearing subsequent to the first shall be stated in the no.tice required under subseetio.n (2) o.r in a separate no.tice o.r no.tices to. the like effect.

(7) The co.uncil shall (

a) co.nsider all representatio.ns made at the public hearing o.r submitted in writing pursuant to. clause (

a) o.f subsectio.n (3) and rule upon them, (

b) make such amendments o.f the by-law as are nec essary to. give effect to. any ruling made under clause (a), and give the by-law seco.nd reading, and (

c) submit to. the Bo.ard two. co.pies of any amendments so. made, to.gether with a statuto.ry declaratio.n by the proper o.fficer o.f the municipality depo.sing as to. (

i) the co.ntents o.f the o.fficial no.tice and its pub- licatio.n pursuant to. subsectio.n (2), (ii) the ho.lding o.f the public hearing, and (iii) the perso.ns by who.m representations were made, the nature o.f the representatio.ns and the manner in which they were dealt with by the co.uncil. 1.31..

(1) The Bo.ard (

a) may a.ppro.ve the by-law as amended, o.r (

b) may require the alteratio.n o.r deletio.n o.f any pro. visio.n o.f the by-law which in its opinio.n may (

i) impose undue restraint upon the rights o.f any person claiming to. be affected by the by-law, o.r (ii) be inimical to. the o.rderly and eco.no.mical de velo.pment o.r use o.f any land affected by the by-Iaw,o.r (iii) be inco.nsistent with any pro.visio.n o.f this Act, or (

c) may require the additio.n to. the by-law o.f ~ny pro. visio.n which in the o.pinio.n o.f the Bo.ard IS neces sary fo.r clarificatio.n o.f the full intent, purposes o.r applicatio.n o.f the by-law.

(2) Any alteratio.n, deletio.n o.r additio.n required by t~e Board under subsectio.n (1) shall be made by the co.uncII, and the co.uncil ma.y then pass the by-law but witho.ut further amendment.

46 132. Effectiveness of a by-law. The present

section 83 (7). 133. Certain documents .stated to be part of by-law, plan or scheme to which they relate. A new section. 134. Amendment or repeal of by-law. The present

section 84. 135. Right to compensation. The present

section 85. 136. 'Copies of plans and schemes to be made available. The present

section 86.

(3) Upon final passage of the by-law, the council (

a) shall deposit with the Director a certified copy of the by-law, if the by-law has been approved by the Board, or (

b) if changes in the by-law have been required, shall send to the Board two copies of the by-law as so changed and finally passed, and the Board shall ap prove the by-law and return one copy to the council. 132. A by-law has no force or effect unless it has been approved by the Board. 133.

(1) A zoning map and a

schedule of permitted and prohibited land uses accompanying or appended to a zoning by-law shall be deemed to be part of the by-law.

(2) All maps and documents constituting a general plan as specified in

section 96 shall be deemed to be part of the by-law by which the general plan is adopted.

(3) All maps, plans, drawings, specifications and docu ments describing a development scheme and referred to in or annexed to the by-law shall be deemed to be part of the by-law by which such development scheme is adopted. 134.

(1) A council may, by by-law, amend or repeal any by-I1aw adopting a general plan or a development scheme or any development control by-law or any zoning by-law.

(2) Subject to subsection (3), sections 130 to 133 apply to any amending or repealing by-law.

(3) The council need not publish an official notice of its intention to p,ass an amending by-law or hold a public hear ing pursuant to seCition 130 where the Director certifies that the amendment to be made by the proposed by-law is only for the purpose of clarifying a provision of the existing by-law. 135.

(1) No person is entitled to compensation by reason only of (

a) the making or passing of a zoning by-law, or (

b) any provision contained in a zoning by-law, or (

c) any lawful action taken under a zoning by-law.

(2) No person is entitled to compensation by reason only of the passing or carrying out of a development control by-law or a by-law adopting a general plan or development scheme if the provisions contained in any of them are such as may be contained in or enforceable by means of a zoning by-law. 136. A council that has adopted a general plan or de velopment scheme or has passed a ?evelopment co,ntrol by law or a zoning by-law shall forthWIth prepare copIes there of, together with any incorporated a~endments, maps and schedules, which shall be made avaIlable to the general public at reasonable cost.

47 137. Right to enter. The present

section 89. 138. A method of enforcing plans, schemes and by-laws. The present

section 9 1 1. 139. Penalty section. The present

section 92. Subclause (2) is new.

47 Right to Enter 137.

(1) The council or any of its authorized officers or servants have the right to enter into or upon any prop€rty within a municipality for the purpose of making any in spection required in connection with the preparation of a general plan, development scheme, development control by law, zoning by-law, or the carrying out of the provisions thereof.

(2) Where entrance into or upon any property within the municipality is refused, a magistrate, upon complaint on oath by an officer of the council made after reasonable notice in writing of intention to make the complaint has been given to the person having custody of the property, may by order under his hand require that person to admit the council or its officers or servants into the property dur ing such reasonable hours as the magistrate thinks fit.

(3) If no person having custody of the property can be found, the magistrate, on oath made bef.ore him Qf that fact, shall authorize the council or its officers or servants, ,by .order, to enter into or up,on the prQperty during the hours specified in the order.

(4) An Qrder made by a magistrate continues in fQrce until the purpose for which it was made has been fulfilled. Enforcement of By-laws 138. A general plan, a develop'ment scheme, a develop ment contrQI by-law, or a zQning by-law may be enfQrced, and the contravention of any provisions contained therein restrained, by the Supreme CQurt of Alberta upon actiQn brought by a council, whether or not any penalty has been im'posed for the contravention. 139.

(1) A perSQn who contravenes or suffers or permits any act or thing to be done in contraventiQn of or neglects or fails to comply with (

a) a develQpment scheme or a by-law in force pursuant to this Part or

section 79, or (

b) a condition of a permit granted pursuant to. a de velopment scheme or a by-law in force pursuant to this Part or

section 79, is guilty of an offence and is liable Qn

summary convictiQn to a fine of not more than one hundred dollars and in ad dition thereto to a fine of nQt more than twenty dollars f.or every day the default continues, and in default of payment to imprisonment for a term not exceeding thirty days.

(2) When a person is convicted under subsection (1) of having undertaken or permitted a develop,ment that contra venes any by-law or permit, the cQuncil may file a notifica tion of the illegal development against the title to the affected land in the land titles office.

48 140. Powers of council. The present

section 9:3. 141. Change of municipal ·boundaries. The present

section 94. 142. Authority of Minister to enfoI1ce municipal planning. The present

section 95.

(3) The conviction of a person under this

section does not operate as a bar to further prosecution under this sec tion for the continued neglect or failure on the part o.f the person to. comply with a develo.pment scheme or a by-law in force pursuant to this Part or

section 79, or with the conditions of a building permit issued in accordance with any SJUch by-law or development scheme. 140. For the purposes of carrying out sections 95 to 139, a council may exercise any of the powers conferred upon it by this

Part in addition to the powers conferred upon it by the municipal A:ct under which it is governed. 141.

(1) Where, because of an alteration or extension of municipal boundaries or to the formation or dissolution of a village, or to any other reason, land that was wi thin one muni'Cipality and subject to a development control by law or zoning by-law of that municipality is thereafter situated within the boundaries of another municipality, the Minister, in his discretion, by order, may provide that the development control by-law or zoning by-law to which the land was subject in the first municipality shall remain in effect with respect to that land, with such amendments thereto as the Minister states in the order, until a new or amending development control by-law or zoning by-law comes into force in that part of the municipality within which the land is then situated.

(2) When an order is made under subsection (1), the council of the municipality within which the land is then situated shall administer and enforce the development con trol by-law or the zoning by-law as the order provides. Enforcement of Municipal Planning 142.

(1) Where, after making such inquiries as he con siders sufficient, the Minister is satisfied (

a) that the council of a municipality is not conform ing to, enforcing or administering the provisions of a general plan, development scheme, development control by-law or zoning by-law in force in that ,municipality, or (

b) that it is in the public interest that the council of a municipality prepare and adopt or enact a general plan, development scheme, develo.pment control by law or zoning by-law, within such time or times as he may state in his order, he may order the council to conform to, enforce, administer, prep·are, adopt or enact, as the case may be, a general plan, development scheme, development contro.I by-law or zoning by-law, within such time or times as he may state in his order.

49 143. Conditions on the development of land. The present

section 9·5a. 144. Authority to make regulations. The pres'ent

section 9;6. 145. Procedure for conducting hearing. A new section. 146. Appeail to the Supreme Court of Alberta on questions of jurisdiction and of law. This is part of the present

Document details

Collection	Alberta — Bills
Citation	L14 S5 1795
Type	bill
Volume / chapter	L14 S5 1795
Language	en
Format	json
Source	PROVINCIAL
Identifier	81cfa9fcf2430c5beb3db0fdc8fe695320661744

Source file is stored in the law ingest library (json).