Bill 82 (Legislature 15, Session 5)

L15 S5 1283

Alberta — Bills

1967 Bill 82 Fifth Session, 15th Legislature, 15 Elizabeth -II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 82

An Act to amend The Planning Act THE 'MINISTER OF MUNICIPAL AFFAIRS First time ................................................................... . Second time ................................................................ Third time .................................................................. Printed by L. S. Wall, Queen's Printer, Edmonton

BILL 82 1967

An Act to amend The Planning Act (Assented to , 1967) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Planning Act is hereby amended.

Section 5, subsection (4) is amended by adding after the words "pursuant to

section 110" the words "or

section 128".

Section 18 is amended by striking out the words "and The Subdivision and Transfer Regulations do not apply when the" and by substituting the words "does not apply when a development or a".

Section 24 is amended by striking out subsection (2) and by substituting the following:

(2) In each subdivision the reserves shall contain such area of land, being not more than 10 per cent of the land being subdivided, as is prescribed by The Subdivision and Transfer Regulations.

(3) Notwithstanding subsection (2), where the land to be subdivided contains swamps, gullies, ravines or natural drainage courses or other land which in the opinion of the Board is unsuitable for building sites or private use, the Board may require that these areas be provided as reserves in addition to the reserves to be provided under subsection (2).

Section 25 is amended by striking out subsections (1) and (2) and by substituting the following: 25.

(1) 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 undesir able, the approving authority may require that the provision of a reserve in part or in full be deferred until a further sub division is made or may recommend to the Board and the Board may order

Explanatory Notes I. This Bill amends

chapter 43 of the Statutes of Alberta, 1963. 2.

Section 5 (4) presently reads:

(4) When the Board is hearing a.ppeals pursuant to

section 110, the Board shall not consist of employees appointed under The Public Service Act, 1962, oi,her than the Director.

Section 18 presently reads in part: 18. This Act and The Subdivision and Transfer Regulations do not apply when the subdivisiQn is effected solely for the purposes of providing for (

a) public roadways, highways, highway ,maintenance garages and sites, government weigh scales, or 4.

Section 24 (2) presently reads:

(2) In each sUlbdivislon, the reserves shall contain not less than ten per cent of ,the total area of the land being subdivided. s.

Section ,25 (1) and (2) presently read: 25.

(1) Where it appears to the a.pproving 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 required to pay to the municipality a sum of money in an amount equivalent to the value before the subdivision of the land that would other wise have been provided as a reserve.

(2) For the purposes of subsection (1), the value of the land shall be computed by multiplying an assessment of the land as determined pur suant to the 1959 Assessment Manual prescribed by Alberta Regulation 142/60 by two and one-half.

(

a) that the provision of a reserve in part or in full be waived, or (

b) that in lieu thereof the applicant be required to pay to the municipality a sum of money in an amount equivalent to the value of the land that would other wise have been provided as a reserve.

(2) For the purposes of clause (

b) of subsection (1), the value of the land shall be determined on the basis of its value on the market immediately before the subdivision of the land. '6.

Section 26, subsection (2) is amended by striking out clause (

a) and by substituting the following: (

a) be expended only for the purchase of land to be held and used for the purposes of schools, public parks and recreation areas or for the development of public parks and recreation areas, or

Section 95 is amended by striking out subsections (2) and (3) and by substituting the following:

(2) A general plan to be prepared may include such areas of land lying within the boundaries of more than one muni cipality as the councils of the municipalities concerned con sider necessary to include, and agree to by resolution, having regard to the future orderly and economical growth and development of the area of all the land so included.

(3) Where the general plan to be prepared includes areas of land lying within the boundaries of more than one muni cipality and where there is disagreement between the coun cils of two or more municipalities as to (

a) the land lying within the boundaries of one or more such municipalities that should not be included in the general plan to be prepared, or (

b) the extent of the areas of land that are to be in cluded in the general plan, or (

c) any other matter connected with the general plan to be prepared, a council that is a party to the disagreement may apply to the Board for an inquiry by the Board into the disagree ment.

(4) At least 10 days before the date set for the inquiry referred to in subsection (3), the Board shall give notice in writing to the council of any municipality that it thinks is concerned stating the time and place of the inquiry.

(5) The Board, after hearing arguments or receiving written submissions presented by any municipality invited to attend the inquiry, shall make recommendations to resolve the disagreement and report its findings on the matter. to the Minister. 2

2 6.

Section 26 (2) (

a) presently reads:

(2) All moneys received iby a municipaUty pursuant to

section 25 and from the lease or sale of reserves under subsection (1) shall be paid into a special account and may (a) ,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 recreation areas, or ' and the earnings derived from the investment of the money shall be paid intoO the special account.

Section 95 presently reads: 95.

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

(2) In the case of a city, town or village, the general plan to be pr.epared 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 cHy, town or village.

(3) A municipality with a population of two thousand five hundred persons or less, need not comply with sections 100 to

Section 97 is struck out and the following is sub stituted: 97.

(1) A council may adopt a general plan by by-law passed in accordance with sections 129 to 136.

(2) Where a general plan includes areas of land lying within the boundaries of more than one municipality, each council within whose municipal territory any of that land lies may also adopt the general plan by by-law passed in accordance with sections 129 to 136.

Section 99 is amended by renumbering the

section as subsection (1) and by adding the following after the renum bered subsection (1):

(2) Notwithstanding clause (

a) of subsection (1) of this

section and subsection (2) of

section 119, the council may exclude from the provisions of a zoning by-law any areas of land included in the general plan and may exercise or continue to exercise development control in the areas ex cluded, in which case sections 100 to 113 apply. 10. The following

section is added after

section 99 : 99a. A municipality with a population of 2,500 persons or less need not comply with sections 100 to 113.

Section 100 is amended (

a) by striking out subsection (1) and by substituting the following: 100.

(1) A council, on passing a resolution authorizing the preparation of a general plan or a by-law adopting a general plan, shall apply to the Minister for an order authorizing the exercise or the continuance of the exercise of development con trol in the areas included or to be included in the general plan or parts thereof. (

b) as to subsection (2) by adding the words "or as adopted" at the end of the subsection, (

c) by striking out subsection (3) and by substituting the following:

(3) Where a general plan is to be prepared for land lying within the boundaries of more than one municipality, development control shall be exercised jointly by the councils of the municipalities con cerned and the method of exercising joint develop ment control shall be agreed to by resolutions of the councils concerned. ( 4) Where the method of exercising j oint devel opment control cannot be agreed to by the councils of the municipalities concerned, a council that is 3

Section 97 presently reads: 97.

(1) A coun<lil 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 wi,thin whose munidpal territory such land lies may also adopt the general plan by by-law passed in accordance with sections 129 to 136, or (

b) development contl'ol may be exercised with respect to those areas in the manner provided by this Part. 9. See note to clause 11. 10. Subsection (3) of the present

section 95 is re-enacted in a more appropriate place in the Act. II. The amendment to sections 99 and 100 are to make it possible for a council to int~oduce or to continue to exercise development control over all or part of the land included in a general plan that has been adopted. 3

a party to the disagreement may apply t.o the Board for an inquiry into the matter and the Board shall hold an inquiry and make recommendations to resolve the disagreement in the same manner as is prescribed in subsections (4) and (5) .of

section 95 and report its findings on the matter to the Minister.

Section 10'2 is amended by adding after the words "report of the Board" the words "made under

section 95 or 101".

Section 109 is amended by renumbering the

section as subsection (1) and by adding the following after the renum bered subsection (1):

(2) A member of a council who has been apP.ointed to a development appeal board pursuant to subsection (1) is not precluded from discussing and voting on all matters brought before a council pursuant to sections 110 and 128.

Section 110, subsection (5) is amended by adding after the words "under this section" the words "or

section 107".

Section 121, subsection (1) is amended by striking out clause (b).

Section 122 is struck .out and the f.ollowing is sub stituted: 122. A zoning by-law may provide that a municipal planning commission or an .official of a municipality may be authorized to act on behalf of the council in respect of matters referred to in sections 123 to 126.

Section 123 is amended by striking out subsections (2) and (3) and by substituting the following:

(2) A zoning by-law may provide that when a develop ment permit is refused an application f.or the same permit on the same parcel of land may not be submitted by the same .or any .other person until at least six months after the refusal.

(3) A zoning by-law may provide that a council may determine that a specific use of land or a building that is not provided for in a zoning by-law is similar in character and purpose to another use of land .or a building included in the zoning by-law in the zone in which the specific use is proposed.

(4) A zoning by-law may provide that in any zone a specific use of land or a building may only be allowed with the express permission of the council and that the council may limit the period of time that use may be allowed and why it must be terminated .or disc.ontinued. 4

Section 102 reads in part: 102. The Minister, upon the report. of the Board, may make an order, to be known as a development control order 13. Self-explanatory.

Section 110 ('5) presently reads:

(5) A per.son claiming to be affected by a decision of a council under this

section may appeal the decision to the Board within ten days of the receipt by him of the decision. IS.

Section 121 (1) (

b) is moved to

section 123 (4). See clause 1,7. 4

Section 1212 is revised to correct typographical errors. 17.

Section 123 (2) and (3) presently read:

(2) A zoning by-law may provide that the council, in its discretion and in any particular circumstances of proposed land use to be set out in the by-l3Jw,shalI detemnine the manner in which any prov.tsion of the by-law shall apply in specific cases.

(3) A zoning by-law may provide ,that when an application for a chauge of zoning or a permit is refused, an application for the same change or permit may not be submitted 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,l by-law afoter the refusal.

Section 128 is struck out and the following is sub stituted: 128.

(1) A person claiming to be affected by a decision of a municipal planning commission or an authorized offi cial of a municipality pursuant to

section 122 (

a) to strictly enforce the requirements of a zoning by-law or of

section 125 so as to cause him special and unnecessary hardship because of circumstances peculiar to the use, character or situation of his land or building, or (

b) to not allow 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 purpose to other uses of land and buildings provided for in the zoning by law in the zone in which the specific use is proposed, or (

c) to refuse to issue a development permit for a spe cific use of land or a building expressly provided for in the zoning by-law in the zone in which the specific use is proposed, may within 14 days after the notice of the decision is mailed to him appeal in writing to the development appeal board.

(2) If a decision on an application to develop is not made by the municipal planning commission or an authorized officer of a municipality pursuant to

section 122 (

a) within 30 days after receiving the application in its complete and final form, or (

b) within such longer period as the applicant may con- sent to in writing, the application shall be deemed to be refused and the appli cant may appeal in writing to the development appeal board within 14 days from the end of that period as though he had received a refusal at the end of that period.

(3) The development appeal board shall hold a hearing and it shall ensure that reasonable notice of the hearing is given to all persons, who in its opinion, may be affected, and it shall consider each appeal having due regard to the cir cumstances and merits of the particular case and to the putpose, scope and intent of any general plan that is adopted and to the zoning by-law that is in force.

(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 considers proper and desirable in the circumstances.

(5) A person claiming to be affected by a decision made by a development appeal board may, within 14 days after the date the notice of the decision is mailed to him, appeal in wri ting to the council, and the council shall hold a hearing and it shall consider each appeal having due regard to the 5

18. This is a reorganization of the present

section to provide an extension of the appeal procedure with respect to decisions rend ered on development applications under a zoning by-law, which presently may be appealed to a development appeal board, but includes further levels of appeal to a council and thence to the Provincial Planning Board. 5

circumstances and merits of the particular case and to the purpose, scope and intent of any general plan that is adopted and to the zoning by-law that is in force.

(6) In determining an appeal, a council may confirm, reverse or vary the decision appealed from and may impose such conditions or limitations as it considers proper and desirable in the circumstances.

(7) A person claiming to be affected by a decision made by a council (

a) resulting from an appeal pursuant to subsection (6), or (

b) resulting from the exercise of discretionary powers under a zoning by-law pursuant to subsection (3) of

section 123, or (

c) resulting fron1 the exercise of express permission under a zoning by-law pursuant to subsection (4) of

section 123, may within 14 days after the notice of the decision is mailed to him appeal in writing to the Board, and the Board shall hold a hearing and it shall consider each appeal having due regard to the circumstances and merits of the particu lar case and to the purpose, scope and intent of any general plan that is adopted.

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

(9) The decision of the Board is final and binding on all parties subject only to appeal under

section 146.

Section 146 is struck out and the following sections are substituted: 146.

(1) Subject to subsection (2), upon a question of jurisdiction or upon a question of law an appeal lies from an order of the Board made pursuant to

section 107, 110 or 128 to the Appellate Division of the Supreme Court of Alberta.

(2) Leave to appeal shall be obtained from a judge of the Appellate Division upon application made within 30 days after the making of the order or decision of the tribunal sought to be appealed from and upon notices to the parties and to the tribunals affected and upon hearing such of them as appear and desire to be heard, and the costs of the application are in the discretion of the judge.

(3) Upon leave being obtained the party appealing shall within 10 days after the appeal has been set down, give to the parties affected by the appeal or to the counsel by whom the parties were represented before the tribunal and to the secretary of the tribunals affected, notice in writing 6

19. These new sections replacing present

section 146, provide for appeals on development matters which have been determined by order of the Provincial Planning Board and may be taken to the Appellate Division of the Supreme Court of Alberta on matters of law and jurisdiction. These amendments parallel the final appeal procedure prescribed in The Local Authorities Board Act. 6

that the case has been set down to be heard in appeal and the appeal shall be heard by the Appellate Division as speedily as practicable.

(4) The council of the municipality in which a decision is made by an authorized official or a municipal planning commission and which is the subject of an appeal, shall be the respondent at the hearing, notwithstanding that other tribunals may have been affected in accordance with sec tions 107, 110 and 128. 14&. On the hearing of the appeal (

a) the tribunal who made the order lor decision appealed from and any other tribunal affected is entitled to be represented by counselor otherwise and heard upon the argument, (

b) no evidence other than the evidence that was sub mitted to the tribunal upon the making of the order appealed from shall be admitted, but the court may draw all such inferences as are not inconsis,tent with the facts expressly found by the tribunal and as are necessary for determining the question of juris diction or of law, and (

c) the court shall proceed either to confirm or vacate the order 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 deal with the matter in accord ance with that opinion. 14Gb.

(1) The Appellate Division may fix the costs and fees to be taxed, allowed and paid upon the appeal, and may make rules of practice respecting appeals under this Act and until such rules are made the rules of practice applicable to appeals from a judge of the Supreme Court to the Appellate Division apply.

(2) No member of any tribunal is personally liable to costs by reason or in respect of an appeal under

section 146. 146c. In sections 146 to 146b, "tribunal" means a body named in subsection (1) of

section 146, subseotion (2) of

section 107, subsections (1) and (3) of

section 110 and sub sections (1) and (4) of

section 128. 20. This Act comes into force on the day upon which it is assented to. 7

7 Title: 1967 (15th, 5th) Bill 82,

An Act to amend The Planning Act

Document details

Collection	Alberta — Bills
Citation	L15 S5 1283
Type	bill
Volume / chapter	L15 S5 1283
Language	en
Format	json
Source	PROVINCIAL
Identifier	b0b58b44be1387d8c36af2d923b938c798c41e1c

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