1971 Bill 62 Fourth Session, 16th Legislature, 20 Elizabeth II THE LEGISLATIVE ASSE11:BLY OF ALBERTA

An Act to amend The Planning Act THE ]VfINISTER OF 11uNICIPAL . AFFAIRS First Re2.ding ............ . Second Reading .. Third Reading

AN ACT TO AtJl,END THE PLAr~:JING ACT (Assented to , 1971) HER MAJESTY, by and 'with the advice and consent of .the Legislative Assembly of Alberta, enacts as follows: 1. The Planning Act is hereby amended. /

Section 2 is amended by adding the following after clause (I): (f1) "development permit" means a certificate or docu­ ment permitting a developme!1t and includes a plan or drawing or set of plans or drawings, specifica­ tions or other docunlents upon which the permit is issued;

Section 5 is amended (

a) as to subsection (2), clause (

b) by adding after the word "chairman" the words ", a deputy chairman", (

b) by striking out subsection (5) and by substituting the following:

(5) If the chairman is absent from any meeting (

a) the deputy chairman nlay act as the chairman, or (

b) the members of the Board present at the meet­ ing may designate any menlber present to be chairman for that meeting. (

c) as to subsection (6) by adding after the word "chair­ man" the words ", the deputy chairman", (

d) by adding the fol101.ving sub~~ctior. after subsection (6) :

(6.1) An order, direction, approval or other in­ strument that the Board is to Dlake on a TIlatter sub­ mitted to it pursuant to

section 21, 22 or 24 may be made by the chairnlan, the deputy chairman or any other member of the Board without the need for calling a meeting of the Board. 4..

Section 6 is amended by st1'iking out subsections (2) and (3) and by substituting the followi'ng:

Explanatory Notes I. This Bill will amend

chapter Alberta 1970. v. the Revised Statutes of 2. "Development permit" defined. 3.

Section 5 (2) (b), (5) and (6) p2 ::y read:

(2) The Board shall consist of (

b) a chairman and other member:::- -110 ~hall t,: appointed b~' the Lieutenant Governnor in COL -·il to hold office during pleasure, but no :\Iinisters of the Crown shall be appol. : to the Board.

(5) If the chairman is absent from any meeting, the members of the Board present at the meeting may deslgn:tte [lEY memLer presenc to be chairman f0r tha t meeting.

(6) An order, direction, approval or other instrument that !hf' Board is to make may be mFlde on its behalf by the ch;uiman or nny other member of the Board. 4.

Section 6 (2) and (3) presently read: I

(2) Th~ Bo~rd ~hall h~ar .. decide and issue 0rd~l"s resPt'ct~ng a1:!)e:1.h: n nil ('aN'~ where, under thIS .\<'t or tilt' regulatlC'l1;:'; or aIl~ otht:, ..-\ct or any regUlations thereunder, the Bo~rd is n'quir,-'cl tL) do suo (3) .\ dl'l"biull of the Board ul1cler subs .·dilln (~) is fin:11 a:~d l,lmlil!g upon all l':u·tit·s, subject only to an appeal ul1l1er ::;~'L'til'll ! Iti.

(2) The Board (

a) shall hear, decide and issue ordrr:-:; respecting ap­ peals or other nlatters coming ,,'ithin its jurisdic­ tion in all cases where, under this Ad or the regula­ tions or any other Act or any regllbtion thereunder, the Board is required to do so, and (

b) may rehear any nla tter before it.

(3) An order of the Board pursuant to subsection (2) (

a) may be reviewed, rescinded, varied, altered or changed if no development has commenced as a result of the issuance of the original order, (

b) is final and binding upon all parties and all persons subject only to an appeal under

section 146, and (

c) unless acted upon within 12 months from its date of issue, or such further period of time as the Board may specify, is void.

Section 9 is st1'uck out and the following is subsUtuted: 9.

(1) A regional planning commission may be com20sed of such number of members to be appointed in such manner as may be determined by order of the rvIinister.

(2) Each municipality situated in a regional planning area may be represented by one member of thE' municipal council to be appointed by the council who may attend the organizational meeting and the annual general meeting of the regional planning commission.

(3) Notwithstanding subsection (1), the representative appointed by the nlunicipal council pursuant to subsection (2) and not appointed to the commission nlay attend any meeting of the commission at which an item of business of a planning nature affecting his municipality is to be dealt with by the commission and the representative Inay speak to and vote on the matter before the commission as if he were a member. 6. Sections 11 and 12 are struck out and the following

section is substituted: 11.

(1) The l\1inister shall establish a fund to be known as the Alberta Planning Fund.

(2) The Lieutenant Governor in Council shall by April 15, 1971 and by February 28 in each year thereafter, or as Soon thereafter as possible, establish a rate expressed in mills, not exceeding in any case the rate of one nlill.

(3) Each municipality shall pay into the Fund annually a sum equal to the anlOunt which results fronl applying the applicable mill rate established pursuant to subsection (2) 2

Section 9 presently reads: 9.

(1) A regional planning commission may be composed of (

a) not more than t\ .... o members to repr""':'nt the public to be appointed by the Board upon the reeD::. :~ndation of the com­ mission, (

b) not more than three members to represent a city to be apPointed by the city council, (

c) not more than one member to represent e:tch impr0vement district to be appointed by the ::\linister, (

d) one member and one alternate mc.-mber to represent any oth,'r municipality ,to be appointed by the municipal council, and (

e) not more than five menibers to represent the Government to b·! appointed by the Board,

(2) A ,person appointed to a commission (

a) to represent the public may only be a rt'sident of the regional planning area, (

b) to represent a mUnicipality other than an impro"ement district may only be a member of the municip::!.l council, and (

c) to represent an impro\'emcnt district or the Goyernment may only be an employee of the Government.

(3) An alternate member appointed to a commission may be a member of a municipal council, or a resident or municipal secretary of a municipality represented on the commission.

(4) Notwithstanding subsection (2), two or mOre municipalities may be represented on a commission by the same member who shall be 11 member of the municipal council of one 0[ those municipalitit-s anu who shall be appointed jOintly by the councils of those muniCipalities. 6. Sections 11 and 12 presently read: 11.

(1) The oouncil of a municipality rel1!·esented on a regiOll:11 planning commission shall (

a) annually appoint, by resolution, the members to represent it on the commi:;sion, and (

b) pay to the commission the funds requIred of it to me'et th! expenses of the commission.

(2) The council ·of a municipality situated in a regional planning ana which i:; not represented on the regional planning commission S:IUoi! pay to the commission (

a) the funds required of it to meet its p;):-tion of til,,' annual ex­ penses of the commission, and (

b) the cost of any planning service performed by the commission upon the request of the municipality. 12.

(1) The council of a municipality situat,d in a rC,!;i<Jllal planlling area may pc-tition the Board concerning (

a) the financing of the region:1l planning commission, (

b) the allocation of sF:I"vic",s by the regiollal pbnning COlllmis~ion to that municipality, and (

c) the fU1ll1s r<,quir~d to be paid by that IlIunieip:llity to tht· regionnl planning commission. (2) 1'hl:' Eu,lrd, upon he:uing- the jll'tition, lIlay mal,e such ~rdel' Or recommendation, including" the adjusrment of the funds to be p:1ld t.) the, commission by any municipa.lity, as it dt'ems d~sirable, and thl' deCIsion of the Board is final al;cl lJil,ding" en the cOlnmissi~n and 011 any muniCipality concerned, -

to the equalized assessment of th~ l!lun~c.ipa1ity as established for the year under The 1\1U111Clpahhes Asse8sment and Equalization Act.

(4) The Minister shall advise each municipality by April 30 1971 and by lVlarch 31 in e?ch year thereafter, or as soon as' possible thereafter, of the anlount it is required to pay into the Fund.

(5) Each municipality shall pay the anlOunt required of it on or before the first day of June of each year.

(6) In default by any municipality of the payment of the amount required of it, the IVlinister may require the Pro­ vincial Treasurer· to withhold any moneys payable by the Province until the amount owing by the municipality is paid.

(7) There shall be paid from the Fund to each regional planning commission such sums as may be authorized by order of the Board together with grants as authorized by the Legislature sufficient to meet the operating costs of the regional planning commission.

(8) Any surplus accruing to the Fund at the end of the fiscal year shall rerllain in the Fund and be available for use in the following year.

Section 16, clause (

b) is aJnended by adding after the words "development schenle or" the words "uses of land pre­ scribed in a".

Section 20 is ·amended by st1'iking out subsection (1) and by substituting the following: 20.

(1) Where an application (

a) is refused for any reason other than a failure to comply with an existing general plan, preliminary regional plan, regional plan, replotting scheme, de­ velopment scheme or with the uses of land pre­ scribed in a zoning by-law, or (

b) is approved conditionally, the. applicant may appeal to the Board by serving \vritten notIce of appeal on the secretary of the Board within 30 days after the date upon \vhich notice of the decision is mailed to him.

Section 23 is antended by adding the 'Word "or" at the end of clause (

c) and by adding the following clav.se after clause (c): (

d) representing a survey perfornlec1 in accordance \"vith

section 75 of The Land Titles Act, 3

Section 16 (

b) presently reads: 16. Land shall not he sub::1iYided unl"ss (

b) the propcsed subdiYislon ccnforms to an~- existing ge e~ ..... l plan,_ preliminary r.~gional plan, regional phn. repbttin schem'C'. deyelopment scheme or zonlng by-b." affecting th,' la ,d, 8.

Section 20 (1) presently reads: 20. (I) ,\Yhere an application (

a) is refused for any reason other than a fai1ure to comply with

section Hi, clause (b), or (

b) is approyed con(~itlonally, the applicant may appc'a! to the Board by s~,dng "rltten notice of appen.l on the secn'tan- of the Boar(l wI:hh 14 da\-s afte:' notice l)f the decision is mailed to him. - .

Section 23 (

c) presently reads: 23. "-here an instrumcllt (

c) providing for the ><11e of part of a parcel, has th .. effpct .or mn.y han' the efiect of subc1;\'ilUy: Reg-:str:\!' shall not accept the instnII1H'!1~ unk>''' ! accordance with this ~\d and Ti!E' Subdi\'isbll all ulatio::s .. th .. parcel. t;H' is ~~ PP:'v\"t-'d i~1 Tl'ar'sff'l' }~e~- 3

Section 25 is amended (

a) as to subsection (3) by adding after the 'Words "sub­ section (2)", where-vel' they occur, the words "or (4)", (

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

(4) Notwithstanding subsection (2), where land adjoining the beel and shore of a lake, river, stream or other body of water is to be subdivided, the owner shall provide from that land without conl­ pensation the following reserves in lieu of the re­ serves to be provided under subsection (2), namely, (

a) a strip of land not less than 10 feet in width throughout lying between the boundary of the bed and shore and the boundary of the land that will be retained by the owner, and (

b) a parcel fronting on the bed and shore and being (

i) an area having a width throughout of not less than one-quarter of the length of the reserve referred to in cIa use (

a) and having a depth of not less than 125 feet, or (ii) an area equivalent to 10 per cent of the area of the land to be subdivided, whichever is the greater.

Section 26 is amended (

a) as to subsection (2) by stTiking out the wo'rd "be­ fore" and by substituting the 'Word "after", (

b) by stTiking out subsections (3) to (6) and by SZlQ­ stituting the following: (3) vVhere the provision of a reserve in part or in full is deferred, the approving authority or its designated representative shall file a caveat \'lith the Registrar of a land titles office respecting the deferred reserve against the title to the land af­ fected. 12. The following sections are aa(~ed aj ter

section 26: .26.1

(1) A reserve shall be used by a municipality only for the following purposes: 4 (

a) a public park; (

b) a public recreation area; (

c) a school site or part thereof where the school auth­ ority has entered into an agreement with the nlunici­ pal authority whereby the school is to be used for conlnlunity purposes outside school hours;

Section 25, subsections (2) and (3) read:

(2) In each subdiYisicn the fPsen'es ~hall contain stich ::In a of l:tnd. being .not rno!"t' than 1(' per c. nt of the l:tnrl hf,ing- suLui\':ded, as is pI'csenbeu by The Subuh'ision and Transfer R"gulatioTls,

(3) Xotwithstancling sUbsection (2), where the land to be suhdiyidr:::J contains swamps, gullies, ravines or natura! drainag-e courses (Jr other land which in th_· opinil)n of the approdng- autl1Orit~- is ul1suitaLl., for building sites or pri"at.: lise, the aI1proving- authority m:1.Y require that these areas b", pro\'idecl as reserves in addition to the reser-ves to be provid;-'d under subsection (2). II.

Section 26 (2) and (3) read:

(2) For the purposes of subsection (1), clause (b), the yalue of the land shall be determined on the basis of its yalue on the m~rl;:et im­ mediately before the subdivision of the land. (3) 'Vhere th.· provision of a reserve in part or in fuI! is deferred, the Director, as caveator, may file a can'rtt re~pecting the defc'rred reserve against the title to the affected land in th" land titles office. See note to following

section of this Bill.

Section 26, subsections (4) to (6) presently read:

(4) A reserye shall be U'3rd by a municipality or other public authority only fer tho pUrpJS8S of a s<.:hool. a pulJlic park or recr~ation area, but if it appears that a reser,e will nnt b,,' l'equirt:'d for ar.y of these purposes the Eoard. upon application by the municipality. may authoriz~' tht.! Ic-ase of the r0Sel'Ve or its ex,~hanGt' for anoth::r n,- rc;1 of similar value or its sede in such man.~ l- and :.>n such terms a~ thE' Board specifies,

(5) All moneys received by a municipality pursuant to subsection (1) a:ld from the lease or sale of reSei'\'E,'S under suus cthn (4) shall 1),­ paiJ into a special account and may (

a) be expendl'Cl only for the pUl'ch:',se cf hnd to be> h,lc1 anl] USed for the purposes of SCh::lOls. puhlic P:1.l'i;:s aml rl creat i,)]! ar.:oas "r for such other special purposes as m;],y b·! (h·t~·rmilled by tlk Board or for the dc\-elopment of public p:1.rks and r.:·~'I"'. atioll arc-as, or (

b) be inn~sted in such s('curities as a truste0 may i:l\'est in under The Trustt'e Act, and the earnings derived frpm the investment of the mOl1>?Y sIn!! 1 .. , p:1.id into the special account. (

G) The municipal auditor. in hls annu:11 report to thp conncil, ~h:l" report on the acti\-ities am] positi.c,n of the 8P- eLll aCCoulIt,

(

d) a planted ~UffCl~ strip separating an industrial area from a resIdentIal area. (2) 'Yhere a rescn-e parcel has been allocated for the use of a school as prescribed in subsection (1) and that use is discontinued, the o\Yllership to the reserve parcel reverts to the municipality. 26.2

(1) If it appears to a municipality that a reserve will not be required for any of the purposes provided in

section 26.1, the council, by resolution, nlay indicate its intention to apply to the Board for an order disposing of the reserve.

(2) Notice of a resolution passed pursuant to subsection (1) shall be (

a) mailed by registered mail to the persons registered or assessed as owners of the land abutting or ad­ joining the reserve parcel, and (

b) published in two issues of a newspaper circulating jn the municipality, stating the time and place at which the council proposes to hold a public hearing on the matter, which shall not be less than 10 days after the publication of the resolution.

(3) A person claiming to be affected by the proposed disposition of the reserve shall serve written notice of his objection to the municipal secretary prior to the day on which the hearing is proposed to be held.

(4) The council sha.ll hold a hearing at the time and place stated in the resolution and at the hearing shall hear a submission by (

a) any person who is the registered or assessed owner of the land abutting or adj oining the reserve parcel; (

b) any local group of residents or property owners; (

c) the director of a regional planning conlmission where a reserve parcel is situated in a regional plan­ ning area; (

d) a representative of a nlunicipal planning cOlllmis­ sion.

(5) A hearing need not be held if no ·written notice of objection is received by a council pursuant to subsection (3). (6) 'Vhen applying to the Board for an order disposing of a reserve, the council shall submit to the Board a statutory declaration of the municipal secretary deposing as to (

a) the contents of the resolution and its publication pursuant to subsection (2); (

b) the holding of the hearing; 5

(

c) the persons by \vhom representations were nlaae, the nature of the representation and the manner in which the representations wel'(~ dealt with by the council.

(7) The Eoard nlaY authorize the sale or lease of the re­ serve, or its exchange for another parcel of similar value in such TIlanr..Cl' and on such terms as the Board may specify.

(8) All moneys received by a ll1unicipality pursuant to

section 2() and from the sale or lease of a reserve under sub­ section (7) shall be paid into a special account and nlay (

a) be expended only" for the purchase of land to be held and used for the purpose stated in

section 26.1 or for the developnlent of public parks and recreation areas or for such other specified purposes as may be determined by the Board, or I (

b) be invested in such securities as the 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. .

(9) Upon authorizing the disposal of a reserve parcel the Board shall file a copy of the appropriate order with the Registrar of the land titles office and the Registrar shall be authorized (

a) in the case of a sale, to renlove the reserve designa­ tion from the parcel on the registered plan and from the title of the parcel, or (

b) in the case of an exchange of parcels, to transfer the reserve designation to the parcel which is the sub­ j ect of the exchange on the registered plan and to the title of the parcel.

(10) The municipal auditor in his annual report to the council, shall report on the activities and position of the special account pursuant to subsection (8). 26.3 The council of a municipality shall submit to the Board a copy of (

a) the annual report of the municipal auditors referred to in

section 26.2, subsection (10), and (

b) a report on the nunlbers and uses allocated to all reserve parcels acquired by the lllunicipality and any subsequent development ·::hereJn in the previous calendar year by the first day of Nlay in each year. 2SA: \Vhere a person, association, corporation, agency or, except when otherwise ordered by the Board, a council 6 (

a) authorizes, orders, approves, causes, or condones either by resolution, by-law or otherwise the use of a reserve other than those uses prescribed in

section 26.1, or

to} erects or causes to be erected an obsh'uction bar ... riel', notice or sign on land preventing or purp~rting to prevent the lawful use by any person of a public roadway, reserve or wallnvay established pursuant to

section 25, the person or m~mber of an associat~0!l' cOl'poration, agency or council "'ho IS a p::u·ty to the decIsIOn or action is guilty of an offence and liable on sunln1ary conviction to a fine of not more than $500 and in addition to a fine I)f not more than $100 for every. day. the offence continues, and in de­ fault of payment to Impl'lSOnnlent for a term not exceeding 30 days,

Section 95, clause (c), subclause (

v) is a1nended b?! adding (LfteT the word "proposals" the words "for a period of not less than five years after the adoption of the plan".

Section 121, subsection (1) is amended by adding the folio'wing clause after clause 15: 16. the removal of trees and shrubs from any land or the prohibition thereof. .

Section 122, clause (

a) is a'mended by striking out the words "and building permits" and by substituting the words "or building permits, or both,".

Section 128 is amended by striking out subsections (1) and (2) and by substituting the following: 128.

(1) A decision of a development officer or a munici­ pal planning comn1ission n1ade under a development control by-law or a zoning by-law raay be appealed to the develop­ ment appeal board (

a) by a person clainling to be affected by the decision, except when approval has been given to a develop­ ment in an area under a zoning by-law and the pro­ posed use complies ,vith the provisions of the by­ law relating to pern1issible uses, in which case no appeal exists, (

b) notwithstanding clause (a), by a person occup::;ring land situated in one n1unicipality and within one mile of an approved developlnent to be situated in an adjoining municipality, clain1ing that the develop­ ment would be injurious to the health and safety of persons and property, and (

c) by a municipality o\yning land in an adjoinin.g municipality and for which a development permIt has been denied, 7

Section 95 (c) (

v) presently reads: 95. A general plan (

c) shall include (

v) proposals relating to the financing and programming' or public development projects and capital works to be uncJf:r­ taken by the municipalities or other public authflri t j,.:: having jurisdictio:1 withir. th.:- area incl;.!ded in the gt."llf"l":tl plan, 14.

Section 121 (1) /15 reads: 121.

(1) A zoning by-law may contain pro\-islons for the purp'Jse (If regulating as to any zone: 15. the exca\-ation or filling in of land or the removal of topsoil fronl land or the prohibition thereof. I

Section 122 (

a) presently reads: 122. A zoning by-law shall (

a) prJyide for a system of deyelopment permits and buiIl1;!!," permits, and the tt'.'rms and conditions unc:er which a perlllit may be issued, refused, susp:·ndcd, re!!1stated and reyoked. an,] 16.

Section 128 (1) and (2) presently read: 128.

(1) A person claiming to be affected by a decision of a den'l/.p· m"nt officer or ~ mU:licipal planning commission nnde under a !l •. - velopment c.)ntrol or zon;ng by-law may. subjt'r't t: subs':ctinn (:!l. appeal to the development appeal board hy serving written notir'{' "f appeal on the secretary of the bl):u-d within 14 da.'·s aft"r notic·> of t 11, decision is mailed or posted on the site or published. in a newspapu.

(2) Xo appe'11 exists where a dc"\-,-'l~p!l~€'nt permit is issupd in an :1.t·";1 under a zoning by-law and aI)pron'd for the re:1S(IIl th:lt the· pro­ posed use complies with the proYisiollS of the by-Ia 'W relatiIlg" tl, permissible lIses, 7

by serving written notice of. al~peal on the secreta!,y of the development appeal uo:u'd wIthin 14 d(~ys after nO,tIce of. the decision is mai!ed or posted on the sIte or publlshed In a newspaper circulating in the area.

Section 189 is amended by striking out subsection (1) and by sUbstituting the following: 139.

(1) A person who commences a development on any land and (

a) who, (

i) does any act or thing, or (ii) permits any act or thing to be done, in contravention of a by-law in force pursuant to this Act, or (

b) who fails or neglects (

i) to obtain a development permit, or (ii) comply with a condition of a development per­ mit, in accordance with a by-law in force pursuant to this Act, is guilty of an offence and is liable on

summary conviction to a fine of not more than $500 and, in addition, to a fine of ~ot more than $100 for every day the offence continues and In default of payment to imprisonment for a term not ex­ ceeding 30 days.'

Section 143 is struck out and the following is sub­ stituted: 143. Where a council, an approving authority, an appeal bo~rd, a municipal planning con1mission or a developn1ent offIcer has the power under this Act to impose certain re­ quirements or lin1itations as a condition of issuing or auth­ orizing a development pern1it or authorizing the subdivis.ion of land, the council may enter into an agreement 'with tl1e owner of the land with respect to the observance of those re.quirements or lin1itations and the council nlay file a caveat 'Hth the Registrar of a land titles u.L':fice I'elating to the agreement against the title to the land affected.

Section 146 is amended by striking out subsection (1) and by substituting the following: 14H.

(1) Subject to subsection (2), an appeal lies to the Appellate Division of the Supreme Court of Alberta 8 (

a) upon a question of law or a question of jurisdiction from an order of a tribunal made pursuant to sec­ tion 6, 20, 89, 110 or 128, and

Section 139 (1) presently reads: 139.

(1) A person who commencE'S a development on any land and >,,'ho fails or n~'~lects to (

a) obtain a development permit, or (

b) comply 'with a conditio!l of a deyelopm~nt pc:rmit, in accordance ".-ith a by-I::\'.' is s-u]ty -::f ;til ot'fc-!l("c, aile' is liah!e 0n

summary com'iction to a fin~ of not more than $500, and in addition to a fine of not more tha'l :)100 fr)l' t'\'e!'~' d:1.~' tIl<:' orience continue:;. a:Jd in default of payme!~, to illlpds::nment fe,l' a te!'ln Int exceediw; 30 days.

Section 143 presently reads: 143. Where a council, an approving authority or an appeal board has the po\\" l' under this Act to ilnp·.:>se C'C'rt:1.in ro::ql,;irt-llli'LLS 01' l';l~itL!t;Ol:'j as a conciition of issui::g a pL:rmit '..)1' atilt-r· .... :s\.! .:uth:::ri;::L:;;· i.he <,ub­ divisioll or development of land. the coU!:cil I:,ay e.:tel' i<1tc> an a:;Tee­ ment with the owner of the land with n::spect to 1.h·, (JL·.·n',,;;ce (,f the",: conditi:ms and such agreement shaH be deemed to L·~ a CO\'t:n:l,H rUll­ ning with the land. 19.

Section 146 (1) p.::esently reads: 145. (]) Subject to subsection (~), UPOll a qu !"tir"1 o~ jLlI'bel l·:ior. .)!' upon a. qu . .-·stion of law an apPc:1.1 lies from .tll O;'t:l': of a tr'bu: :1.1 l!1 "~L' pursuant to

section ~O. ]]0 or 12S t:> the .\p:JC1::t:e l)l\'i<nz vi th" SUpreme Court of Alberta,

(

b) from an order of a tribunal made pursuant to sec­ tion 128, subsection (1), clause (

b) or (c).

Section 147, clause (

c) is amended by adding after the word "confirm" the 'Words ", vary, reverse". 21. This A.ct conws into fOTce on the day upon 'Which it is assented to.

Section 147 (

c) presently reads: 147. On the hearing of the appeal (

c) the court shall proceed either to confirm or vacate the ord'~l" and in the latter event shall refer the matter back to that tribunal that in its opinion erred as to a question of law or of jurisdiction, and the tribunal shall dpal with the matter in ac­ cordance with that opinion. Title: 1971 (16th, 4th) Bill 62,

An Act to amend The Planning Act