First

Session, 50th General Assembly

Elizabeth II, 2022

BILL 58

AN ACT TO AMEND THE

URBAN AND RURAL PLANNING ACT, 2000

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE KRISTA

LYNN HOWELL

Minister of Municipal and Provincial Affairs

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Urban and Rural Planning Act, 2000 to

replace regional appeal boards

with adjudicators appointed by the minister to hear appeals authorized under

the Act;

allow the minister to designate

one or more employees as appeal officers to carry out administrative and other

duties related to the appeals process;

allow hearings by

teleconference, video conference or other electronic means;

allow an adjudicator to dismiss

an appeal without holding a hearing where the subject of the appeal is not

within the adjudicator's jurisdiction;

confirm that the provisions of

Part VI of the Act, as they existed immediately before the coming into force of

this Act, continue to apply in respect of appeals related to planning areas

under the jurisdiction of the City of St. John's, appeals under

section 12 of

the Housing Act and appeals under

chapter

10 of the Labrador Inuit Land Claims Agreement; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE URBAN AND RURAL

PLANNING ACT, 2000

Analysis

S.2 Amdt.

Definitions

S.6 Amdt.

Regional planning areas

S.7 Amdt.

Regional authority

S.9 Amdt.

Ministerial regional plan

S.10 Amdt.

Municipal plan

S.19 Amdt.

Commissioner and hearing

S.22 Amdt.

Report

S.24 Amdt.

Government policy review and plan registration

S.26 Amdt.

Minister may undertake duties

S.31 Amdt.

Local planning and protected areas

S.35 Amdt.

Council and regional authority etc. regulations

Part VI R&S

PART

APPEALS

40. Adjudicators

41. Appeals

42. Procedures and powers

of adjudicators

43. Hearings

44. Decisions of adjud-

icator

45. Fees

46. Development may not

proceed

46.1 Appeal to court

46.2 Application of form-

er provisions

S.48 Amdt.

Applications referred to minister

S.50 Amdt.

Expropriation

S.58 Amdt.

Vesting of title

S.62 Amdt.

Information supporting claims to be submitted to minister

S.64 Amdt.

Board

S.71 Amdt.

Awards

S.72 Amdt.

Apportionment of award

S.73 Amdt.

Exchange of land subject to money payment

S.80 Amdt.

Payments

S.84 Amdt.

Claimant may apply to court

S.85 Amdt.

Application to court

S.86 Amdt.

Notice of application to court

S.87 Amdt.

Adverse claims

S.89 Amdt.

Adjudication

S.94 Amdt.

Guardian

S.96 Amdt.

Purchase notice

S.97 Amdt.

Requirements respecting purchase notice

S.102 Amdt.

Order

S.103 Amdt.

Enforcement of planning

S.106 Amdt.

Offence and penalty

S.109 Amdt.

Delegation

Transitional

SNL2001 cC-14.1 Amdt.

RSNL1990 cC-15 Amdt.

RSNL1990 cC-16 Amdt.

SNL1999 cM-24 Amdt.

RSNL1990 cP-43 Amdt.

CNLR 997/96 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2000 cU-8

as amended

(1) Section 2 of the Urban

and Rural Planning Act, 2000

is amended by adding immediately before paragraph (

a) the following:

(a.01) "adjudicator" means an adjudicator

appointed under

section 40;

(a.02) "appeal officer" means an employee

of the department designated under subsection 40(5);

(2) Paragraph 2(

b) of the Act is repealed.

(3) Paragraph 2(

e) of the Act is amended by

deleting the words "Trial Division" and substituting the words "Supreme

Court of Newfoundland and Labrador".

2. Subsection 6(1) of the Act is amended by

deleting the words "him or her" and substituting the words "the

minister".

3. Subsection 7(1) of the Act is amended by

deleting the words "him or her" and substituting the words "the

minister".

4. Paragraph 9(1)(

b) of the Act is amended by deleting

the words "he or she" and substituting the words "the

minister".

5. Subsection 10(2) of the Act is amended by

deleting the words "him or her" and substituting the words "the

minister".

6. Subsection 19(4) of the Act is amended by

deleting the words "him or her" and substituting the words "the

commissioner".

7. Subsection 22(2) of the Act is amended by

(

a) deleting the words "his or her"; and

(

b) deleting the words "him or her" and

substituting the words "the commissioner".

8. Subsection 24(4) of the Act is amended by

(

a) deleting the comma after the first occurrence

of the word "minister"; and

(

b) deleting the words "he or she" and

substituting the words "the minister".

Section 26 of the Act is amended by deleting

the words "he or she" wherever they appear and substituting the words

"the minister".

10. (1) Paragraph 31(1)(

b) of the Act is amended by

deleting the words "his or her" and substituting the words "the

minister's".

(2) Subsection 31(3) of the Act is amended by

deleting the words "he or she" and substituting the words "the

minister".

11. Paragraph 35(1)(

l) of the Act is amended by

deleting the word "boards" and substituting the word "adjudicators".

Part VI of the Act is repealed and the

following substituted:

PART VI

APPEALS

Adjudicators

(1) The

minister shall appoint not more than 20 persons as adjudicators to hear appeals

authorized under this Act and the regulations.

(2) An adjudicator shall be appointed for a term

of 3 years and may be reappointed for an additional 3 year term.

(3) Notwithstanding subsection (2), where the term

of an adjudicator expires, the adjudicator shall continue to be an adjudicator

until reappointed or replaced.

(4) An adjudicator shall receive remuneration and

shall be reimbursed for expenses incurred in carrying out the duties of an

adjudicator under this Act and the regulations in a manner that may be

determined by the Lieutenant-Governor in Council.

(5) The minister shall designate one or more

employees of the department as appeal officers to carry out administrative and

other duties related to appeals.

(6) Notwithstanding subsection (1), the City of

Corner Brook and the City of Mount Pearl may appoint one or more adjudicators

to hear appeals for the planning areas under their jurisdiction in accordance

with the development regulations, and this Part, with the necessary changes,

shall apply.

Appeals

(1) A person or a

group of persons aggrieved by a decision may appeal the decision to an

adjudicator where

(

a) the decision is permitted to be appealed to an

adjudicator under this Act or another Act; or

(

b) the decision is permitted to be appealed under

the regulations and the decision relates to one or more of the following:

(

i) an application to undertake a development,

(ii) a revocation of an approval or a permit to

undertake a development, or

(iii) the issuance of a stop work order.

(2) A decision of a council, regional authority or

authorized administrator to adopt, approve or proceed with a plan, a scheme,

development regulations and amendments and revisions of them is final and not

subject to an appeal.

(3) An appeal made under this

section shall be

filed with an appeal officer not more than 14 days after the person who made

the original application receives the decision.

(4) An appeal shall be made in writing and shall

include

(

a) a

summary of the decision being appealed;

(

b) the grounds for the appeal; and

(

c) the required fee.

Procedures and

powers of adjudicators

(1) For

the purpose of a hearing under this or another Act, an adjudicator

(

a) has the powers of a commissioner appointed

under the Public Inquiries Act, 2006 ;

and

(

b) is not bound by the rules of evidence.

(2) The minister shall establish rules of

procedure for appeals.

(3) The minister shall, by regulation, prescribe

(

a) notice periods that apply to appeals; and

(

b) the manner in which persons are to be notified

with respect to appeals.

(4) An adjudicator shall consider and decide

appeals in accordance with

(

a) this Act;

(

b) a plan and development regulations registered

under

section 24 that apply to the matter being appealed;

(

c) a scheme, where adopted under

section 29; and

(

d) the circumstances and merits of the matter

being appealed.

(5) Where it is necessary for the purpose of an

appeal or other matter before an adjudicator, an adjudicator or a person

designated by an adjudicator may enter upon land and other property in order to

inspect that land or property.

Hearings

(1) A

hearing of an appeal under this Part

(

a) may, as determined by an adjudicator, be conducted in person or by teleconference, video conference

or other electronic means of communication that permits all parties to

communicate with each other during the hearing; and

(

b) shall be open to the public.

(2) A person or group of persons, other than the

person or group of persons who brought an appeal, that is affected by the

subject of an appeal or their representatives may, where authorized by an

adjudicator, appear before the adjudicator and make representations concerning

the matter under appeal.

(3) Where an adjudicator designates a person to

carry out an inspection under subsection 42(5),

(

a) the person may provide the adjudicator with a

written report of the inspection; and

(

b) a written report provided under paragraph (

a) shall be considered to have been provided in the same manner as evidence before

an adjudicator during a hearing of an appeal.

(4) Where an adjudicator determines that the

subject matter of an appeal is not within the jurisdiction of the adjudicator

under

section 41, the adjudicator may dismiss the appeal without holding a

hearing.

Decisions of

adjudicator

(1) In

deciding an appeal, an adjudicator may do one or more of the following:

(

a) confirm, reverse or vary the decision that is

the subject of the appeal;

(

b) impose conditions that the adjudicator

considers appropriate in the circumstances; and

(

c) direct the council, regional authority or

authorized administrator to carry out its decision or make the necessary order

to have the adjudicator's decision implemented.

(2) Notwithstanding subsection (1), a decision of

an adjudicator shall not overrule a discretionary decision of a council,

regional authority or authorized administrator.

(3) An adjudicator shall not make a decision that

does not comply with

(

a) this Act;

(

b) a plan and development regulations registered

under

section 24 that apply to the matter being appealed; and

(

c) a scheme, where adopted under

section 29.

(4) An adjudicator shall, in writing, notify the person

or group of persons who brought the appeal and the council, regional authority

or authorized administrator of the adjudicator's decision.

Fees

(1) The minister may establish fees for the making of appeals under this Part.

(2) Where an appeal under

section 41 is

successful, the council, regional authority or authorized administrator that

made the decision that was appealed shall pay the person or group of persons

who brought the appeal an amount of money equal to the fee paid under subsection

41(4).

Development may

not proceed

(1) Where

an appeal is made under

section 41, the development with respect to the appeal,

work related to that development or an order that is under appeal shall not

proceed or be carried out pending a decision of the adjudicator.

(2) Where, on appeal, a permit to develop is

confirmed or ordered to be issued, a council, regional authority or authorized

administrator shall issue the permit as confirmed or ordered.

Appeal to court

46.1

(1) A

person or group of persons who brought an appeal or a council, regional

authority or authorized administrator may, not later than 10 days after

receiving a decision of an adjudicator, appeal that decision to the court on a

question of law or jurisdiction.

(2) An adjudicator may be represented by counsel

and heard on an appeal under this section.

(3) The court shall either confirm or revoke the decision

of the adjudicator and where revoked the court shall refer the matter back to

the adjudicator with the opinion of the court as to the error in law or

jurisdiction and the adjudicator shall deal with the matter in accordance with

that opinion.

Application of

former provisions

46.2

(1) Notwithstanding

section 40,

(

a) the City of St. John's may appoint an appeal

board to hear appeals for the planning areas under its jurisdiction in

accordance with the development regulations registered under

section 24, and

the former

Part VI, with the necessary changes, shall apply; and

(

b) a municipal authority, as defined in the Housing Act , may appoint an appeal board

to hear appeals under

section 12 of the Housing

Act , and the former

Part VI, with the necessary changes, shall apply.

(2) For the purposes of

section 10.11.1 of the

Labrador Inuit Land Claims Agreement as defined in the Labrador Inuit Land Claims Agreement Act , the reference to "the

appeal provisions of the Urban and Rural

Planning Act, 2000 " shall mean the appeal provisions of the Urban and Rural Planning Act, 2000 as

they existed immediately before the coming into force of this section.

(3) For the purposes of this section, "former

Part VI" means

Part VI of this Act as it existed immediately before the

coming into force of this section.

13. (1) Subsection 48(1) of the Act is amended by

deleting the words "him or her" and substituting the words "the

minister".

(2) Subsection 48(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

minister's".

(3) Subsection 48(7) of the Act is amended by deleting

the words "to him or her".

14. Paragraph 50(4)(

c) of the Act is amended by

deleting the words "his or her" and substituting the words "the

owner's".

15. Subsection 58(3) of the Act is amended by

deleting the words "he or she" and substituting the words "the

sheriff or peace officer".

16. Subsection 62(1) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the person's".

17. (1) Subsection 64(11) of the Act is amended by

deleting the words "his or her duties" and substituting the words

"the duties of an assessor".

(2) Paragraph 64(11)(

b) of the Act is amended by

deleting the words "he or she should appoint another assessor" and

substituting the words "another assessor should be appointed".

(3) Subsection 64(12) of the Act is amended by

deleting the words "he or she" and substituting the words "the

assessor".

Section 71 of the Act is amended by deleting

the words "him or her" and substituting the words "the

owner".

19. Subsection 72(3) of the Act is repealed and the

following substituted:

(3) After the apportionment of the rent the

lessee, sublessee or their assigns shall, as to future accruing rent, be liable

only for so much of the rent as is apportioned with respect to the land not

expropriated and as against the lessee and sublessee or their assigns the

lessor has the same rights and remedies for the recovery of the portion of rent

as the lessor had before the apportionment for the recovery of the whole rent

reserved by the lease.

20. Subsection 73(1) of the Act is amended by

deleting the words "him or her" and substituting the words "the

person".

(1) Subparagraph 80(1)(a)(ii) of the Act is

amended by deleting the words "by him or her".

(2) Paragraph 80(1)(

c) of the Act is amended by

deleting the words "his or her" and substituting the words "the

Attorney General's".

Section 84 of the Act is amended by deleting

the words "him or her" and substituting the words "the

person".

(1) Section 85 of the Act is amended by

deleting the words "he or she" wherever they appear and substituting

the words "the claimant".

(2) Paragraph 85(2)(

a) of the Act is amended by

deleting the words "his or her" and substituting the words "the

claimant's".

24. Subsection 86(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

claimant's".

Section 87 of the Act is amended by deleting

the words "claimant, his or her" and substituting the words

"claimant or the claimant's".

Section 89 of the Act is amended by deleting

the words "he or she" and substituting the words "the

judge".

27. (1) Subsection 94(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person".

(2) Subsection 94(4) of the Act is amended by

deleting the words "he or she has been appointed guardian" and

substituting the words "the guardian has been appointed".

28. (1) Subsection 96(2) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the owner"; and

(

b) deleting the words "his or her" and

substituting the words "the owner's".

(2) Subsection 96(5) of the Act is amended by

deleting the words "he or she" and substituting the words "the

minister".

(3) Subsection 96(9) of the Act is amended by

deleting the words "he or she" and substituting the words "the

minister".

29. Subsection 97(2) of the Act is amended by

deleting the words "his or her" and substituting the word

"the".

30. Subsection 102(1) of the Act is amended by

deleting the words "he or she" and substituting the words "the minister".

31. Subsection 103(1) of the Act is amended by

deleting the words "he or she" wherever they appear and substituting

the words "the minister".

32. Subsection 106(3) of the Act is amended by

deleting the words "he or she" and substituting the words "the

Provincial Court judge".

33. Subsection 109(1) of the Act is amended by

deleting the words "his or her duties, powers and functions" and

substituting the words "any duties, powers and functions conferred or

imposed on the minister".

Transitional

(1) Where an appeal has been made under

section

42 of the Urban and Rural Planning Act,

2000 before the coming into force of this Act and the appeal has not, on

the coming into force of this Act, been decided, it shall be considered to be

an appeal to an adjudicator under

section 12 of this Act.

(2) A decision on an appeal that is made before

the coming into force of this Act shall be considered to be a decision of an

adjudicator under

section 12 of this Act.

SNL2001 cC-14.1

Amdt.

35. The

Schedule to the Citizens' Representative Act is amended by deleting the reference

"An appeal board established under

section 40 of the Urban and Rural Planning Act, 2000 " and substituting the

reference "An adjudicator appointed under

section 40 of the Urban and Rural Planning Act, 2000 ".

RSNL1990 cC-15

Amdt.

36. Subsection 240(1) of the City of Corner Brook Act is repealed and the following substituted:

Appeal

(1) A

person who feels aggrieved by an order made under

section 238 may, within 14

days of the service or posting of the order, appeal to an adjudicator appointed

under the Urban and Rural Planning Act,

2000 and the adjudicator may make the order with respect to the matter that

appears just.

RSNL1990 cC-16

Amdt.

37. Subsection 240(1) of the City of Mount Pearl Act is repealed and the following substituted:

Appeal

(1) A

person who feels aggrieved by an order made under

section 238 may, within 14

days of the service or posting of the order, appeal to an adjudicator appointed

under the Urban and Rural Planning Act,

2000 and the adjudicator may make the order with respect to the matter that

appears just.

SNL1999 cM-24

Amdt.

38. (1) Subsection 408(1) of the Municipalities Act, 1999 is repealed and

the following substituted:

Appeal

(1) A

person aggrieved by an order made under subsection 404(1) may, within 14 days

of the service or posting of the order, appeal to an adjudicator appointed

under the Urban and Rural Planning Act,

2000 and the adjudicator may make an order with respect to the matter that

appears just.

(2) Section 409 of the Act is repealed and the

following substituted:

Appeal

409. A

person aggrieved by the refusal of a council to issue a permit required under

section 194 may, within 14 days from the date of that refusal, appeal the refusal

to an adjudicator appointed under the Urban

and Rural Planning Act, 2000 and the adjudicator may make an order with

respect to the matter that appears just.

RSNL1990 cP-43

Amdt.

Schedule C to the Public Service Commission Act is amended by deleting the statutory appointment

reference " Urban and Rural Planning

Act, 2000 , subsection 41(1)" and substituting the statutory

appointment reference " Urban and

Rural Planning Act, 2000 , subsection 40(1)".

CNLR 997/96 Rep.

40. The Regional

Appeal Boards Establishment Order , Consolidated Newfoundland and Labrador

Regulation 997/96, is repealed.

Commencement

41. This Act comes into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Queen's Printer