Second

Session, 50th General Assembly

Charles III, 2024

BILL 93

AN ACT TO AMEND THE

URBAN AND RURAL PLANNING ACT, 2000 AND THE CITY OF ST. JOHN'S MUNICIPAL

TAXATION ACT

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE JOHN

HAGGIE

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

add

definitions of affordable

housing, incentive or bonus zoning agreement and inclusionary zoning;

clarify that proposals for land

use zoning regulations may include proposals for inclusionary zoning;

clarify that a council or regional

authority may include policies respecting affordable housing and incentive or

bonus zoning agreements in a plan;

clarify that a council or

regional authority may make development regulations respecting inclusionary

zoning where a plan includes proposals for inclusionary zoning;

clarify that a council or regional

authority is required to use money provided to a council or regional authority

under

section 37 for park land or public uses;

clarify that a council or

regional authority may make regulations respecting

incentive or bonus zoning agreements;

allow a council or regional

authority to hold a public hearing by electronic means ; and

modernize the requirements for

publishing notices required under the Act.

This Bill would amend the City of St. Johns Municipal Taxation Act to

add a definition of affordable housing;

allow the council

of the City of St. John's to exempt real property that is used for affordable

housing from real property tax;

replace all references to

"Trial Division" with the correct reference "Supreme

Court"; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE URBAN AND RURAL

PLANNING ACT, 2000 AND THE CITY OF ST. JOHN'S MUNICIPAL TAXATION ACT

Analysis

URBAN

AND RURAL PLANNING ACT, 2000

S.2 Amdt.

Definitions

S.13 Amdt.

Plan requirements

S.17 Amdt.

Notice of adoption

S.18 Amdt.

Public hearing

S.24 Amdt.

Government policy review and plan registration

S.35 Amdt.

Council and regional authority etc. regulations

S.37 Amdt.

Dedication of land for public use

S.37.1 Added

Incentive or bonus zoning agreements

S.52 Amdt.

Notice of expropriation

S.81 Amdt.

Notification of claimants

S.110.1 Added

Publication

CITY

OF ST. JOHN'S MUNICIPAL TAXATION ACT

S.2 Amdt.

Interpretation

S.6 Amdt.

Tenant of tax exempt property

S.7 Amdt.

Representative capacity

S.8 Amdt.

Tax exempt property

S.17 Amdt.

Payment Review Board

S.22 Amdt.

Collection of water tax

S.25 Amdt.

Circus licence

S.28 Amdt.

Accommodation tax

S.30 Amdt.

Lien for taxes

21. S.33 Amdt.

Right of mortgagee

S.36 Amdt.

Sale for arrears

S.37 Amdt.

Where no bidder

S.39 Amdt.

Distribution of purchase price

S.40 Amdt.

Sale invalid

S.41 Amdt.

Assessment after sale

S.42 Amdt.

Effect of sale

S.44 Amdt.

Collection despite appeal

S.45 Amdt.

Repayment on overpayment

S.46 Amdt.

Limitations on actions

S.47 Amdt.

Defence barred

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

URBAN AND RURAL PLANNING ACT, 2000

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) "affordable housing" means housing

that is determined to be affordable by a council or regional authority;

(2) Section 2 of the Act is amended by adding

immediately after paragraph (

h) the following:

(h.1) "incentive or bonus zoning

agreement" means an agreement referred to in

section 37.1;

(h.2) "inclusionary zoning" means a type

of land use zoning that allows a variety of housing

options within a development, including affordable housing and multi-unit housing ;

(1) Section 13 of the Act is amended by adding

immediately after subsection (2) the following:

(2.1) Without

limiting the generality of paragraph (2)(d), proposals for land use zoning

regulations may include proposals respecting inclusionary zoning.

(2) Subsection 13(3) of the Act is amended by

adding immediately after paragraph (

n) the following:

(n.1) establish provisions for and policies with

respect to affordable housing;

(n.2) establish provisions for and policies with

respect to incentive or bonus zoning agreements;

3. Subsection 17(1) of the Act is repealed and the

following substituted:

Notice of

adoption

17 .

(1) Where a proposed plan and development regulations have been

adopted under subsection 16(1), a council or regional authority shall publish

notice of that adoption twice in accordance with

section 110.1 not fewer than

14 days before the date fixed under

section 18 for the hearing of objections to

and representations on the proposed plan and regulations.

4. Subsection 18(2) of the Act is repealed and the

following substituted:

(2) A public hearing

referred to in subsection (1)

(

a) shall be held within

the area under the jurisdiction of the applicable council or regional

authority; and

(

b) may, as determined by the council or regional

authority, be conducted in person or by teleconference, video conference or

other electronic means of communication that permits

all participants to communicate with each other during the hearing.

5. Subsection 24(2) of the Act is repealed and the

following substituted:

(2) Where a plan and

development regulations are registered under subsection (1), the council or

regional authority shall, within 10 days of being notified of that

registration, publish notice of that registration

(

a) in accordance with

section 110.1; and

(

b) in the Gazette .

6. (1) Subsection 35(1) of the Act is amended by

adding immediately after paragraph (

a) the following:

(a.1) respecting inclusionary

zoning, where the plan includes proposals for inclusionary zoning;

(2) Subsection 35(5) of the Act is repealed and

the following substituted:

(5) Notwithstanding

subsection (3) and

section 25, where there is a proposed change in a regulation

made under this

section that has not occurred as a result of

a change in a plan, a council or regional authority responsible for the changed

regulation shall

(

a) publish notice of

those proposed changes in accordance with

section 110.1; and

(

b) receive

representations with respect to those changes before forwarding the regulations

to the minister for registration under

section

Section 37 of the Act is amended by adding

immediately after subsection (4) the following:

(4.1) A council or regional authority shall use any

money paid under subsection (3) or (4) for the acquisition or development of

land for park land or other public use.

(4.2) Notwithstanding subsection (4.1), a council or

regional authority may, with the prior approval of the minister, use any money

paid under subsection (3) or (4) for another purpose that supports the policies

of the council or regional authority that are included in a plan registered

under this Act.

8. The Act is amended by adding immediately after

section 37 the following:

Incentive or

bonus zoning agreements

37 .1

(1) A

council or regional authority may make regulations requiring an applicant for a

development to enter into an incentive or bonus zoning agreement.

(2) An incentive or bonus zoning agreement may

modify specified development requirements where the applicant for the

development agrees to provide a contribution by undertaking actions or

providing other amenities in the area of the

development that support the policies of the council or regional authority that

are included in a plan registered under this Act.

(3) Where the council or regional authority

determines that it is not feasible or desirable for an applicant for a

development to provide the contribution referred to in subsection (2), the

applicant may pay an amount of money to the council or regional authority equal

to the value of the contribution that would have been required under subsection

(2).

(4) A council or regional authority shall use any

money paid under subsection (3) for the purpose for which the money was paid.

(5) Notwithstanding subsection (4), a council or

regional authority may, with the prior approval of the minister, use any money

paid under subsection (3) for another purpose that supports the policies of the

council or regional authority that are included in a plan registered under this

Act.

9. Paragraph 52(2)(

b) of the Act is repealed and

the following substituted:

(

b) publish a notice in accordance with

section

110.1.

10. Paragraph 81(

c) of the Act is repealed and the

following substituted:

(

c) within 10 days after

payment into court publish a notice in accordance with

section 110.1 stating

the place and description of the land and that the land has been expropriated

under this Act and calling upon persons who had an interest in or claim against

the land or who have been injuriously affected by the expropriation to file

their claims to compensation with the court.

11. The Act is amended by adding immediately after

section 110 the following:

Publication

110 .1 Any

notice required to be given by a council, regional authority or authorized

administrator under this Act, the regulations or a by-law shall, unless

otherwise stated in this Act, be posted in at least 2 conspicuous places in the

area affected and also given by one or more of the

following means:

(

a) publishing the notice in a newspaper published

or having general circulation in the area affected;

(

b) broadcasting the notice on a radio or

television station that broadcasts in the area affected;

(

c) mailing the notice,

including direct mail and leafleting;

(

d) publishing the

notice on the council's, regional authority's or authorized administrator's website;

(

e) publishing the

or authorized administrator; and

(

f) any other means that

is reasonably expected to notify a person in the area affected .

CITY OF ST. JOHN'S MUNICIPAL TAXATION ACT

SNL2006 cC-17.1

as amended

12. Subsection 2(1) of the City of St. John's

Municipal Taxation Act is amend by adding

immediately before paragraph (

a) the following:

(a.01) "affordable housing" means housing

that is determined to be affordable by the council;

Section 6 of the Act is amended by

(

a) deleting the words "him or her" and

substituting the words "the tenant"; and

(

b) deleting the words "he or she" and

substituting the words "the tenant".

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

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

person's".

15. Paragraph 8(1)(

d) of the Act is amended by

deleting the word "or" after subparagraph (vii), deleting the

semi-colon and word "and" at the end of subparagraph (viii) and

substituting a comma and the word "or" and adding immediately after

subparagraph (viii) the following:

(ix) used as part of an affordable

housing initiative that is funded, in whole or in part, by the government of

the provincial government; and

16. Subsection 17(2) of the Act is amended by

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

person's".

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

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

occupier or other person".

(2) Subsection 22(6) of the Act is amended by

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

the words "the owner".

18. (1) Subsection 25(1) of the Act is amended by

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

person".

(2) Subsection 25(7) of the Act is amended by

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

person".

19. Paragraph 28(3)(

b) of the Act is amended by

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

student".

20. Subsection 30(7) of the Act is amended by

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

city clerk".

21. Subsection 33(2) of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the person's ";

(

b) deleting the words "he or she"

wherever they appear and substituting the words "the person"; and

(

c) deleting the words "him or her" and

substituting the word "the person".

22. Subsection 36(1) of the Act is amended by

(

a) deleting the words "him or her" and

substituting the words "the city clerk"; and

(

b) deleting the words "his or her" and

substituting the words "the city clerk's".

23. (1) Subsection 37(1) of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the city clerk"; and

(

b) deleting the words "him or her" and

substituting the words "the city clerk".

(2) Subsection 37(2) of the Act is amended by deleting

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

clerk".

24. Subsection 39(2) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

Section 40 of the Act is amended by

(

a) deleting the words "him or her" and

substituting the words "the purchaser"; and

(

b) deleting the words "his or her" and

substituting the words "the city clerk's".

26. Subsection 41(1) of the Act is amended by

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

purchaser's".

Section 42 of the Act is amended by deleting

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

purchaser's".

Section 44 of the Act is amended by deleting

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

Court".

29. Subsection 45(1) of the Act is amended by

(

a) deleting the words "his or her" and

substituting the words "the person's"; and

(

b) deleting the words "he or she" and

substituting the words "the person".

30. Paragraph 46(1)(

b) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

Section 47 of the Act is amended by deleting

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

Court".

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