BILL 76
An Act to Amend the
Community Planning Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Section
1 of the Community Planning Act, chapter C-12 of the Revised Statutes,
1973, is amended by adding the following definition in alphabetical
order:
“provincial planning policy”
means the provincial planning policy established by the Lieutenant-Governor
in Council under subsection 4.1(1); (politique provinciale d’urbanisme)
2 Section
2 of the Act is amended by adding after paragraph (c.1) the following:
(c.2) the establishment of a provincial
planning policy;
3 The
Act is amended by adding after section 4 the following:
PROVINCIAL PLANNING POLICY
Establishment of provincial
planning policy
4.1(1) On the recommendation of the Minister, the Lieutenant-Governor
in Council shall by regulation establish a provincial planning policy,
which shall include the following:
(a) the principles upon which community
planning and development in the Province are to be based;
(b) the provincial goals and priorities
for community planning and development in the Province or areas of
the Province;
(c) policy statements on matters related
to community planning and development that are of provincial interest
such as water quality and quantity, air quality, natural resources
or any other matter related to the social, economic or environmental
welfare of the Province; and
(d) any other matter that the Minister
considers necessary for the implementation of the policies, goals
and priorities set out in the regulation.
4.1(2) Before making a recommendation to establish or amend the provincial
planning policy, the Minister shall consult with such persons and
public bodies as the Minister considers appropriate.
4.1(3) A regional plan, municipal plan, rural plan, basic planning statement
or a by-law or regulation under this Act that is enacted or adopted
after the coming into force of the provincial planning policy shall
conform with the provincial planning policy, and in the case of a
conflict, the provincial planning policy prevails.
4.1(4) An amendment, modification or addition made to a regional plan,
municipal plan, rural plan, basic planning statement or a by-law or
regulation under this Act after the coming into force of the provincial
planning policy shall conform with the provincial planning policy,
and in the case of a conflict, the provincial planning policy prevails.
4 Section
22 of the Act is amended by striking out “paragraph 77(1)(h.1)”
and substituting “paragraph 77(1)(h.1) or a regulation establishing
a provincial planning policy”.
5 Subsection
77(3.2) of the Act is amended by striking out “or regulation
under this Act” and substituting “or regulation under this Act, except
a regulation establishing a provincial planning policy”.