Bill 45 - Community Planning Act

BILL 45

Community Planning Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PART 1

DEFINITIONS, INTERPRETATION AND PURPOSE

Definitions and interpretation

1( 1) The following definitions apply in this Act.

“abut” includes having access thereto directly. (attenant)

“advisory committee” means a planning advisory committee established under section 3. (comité consultatif)

“Board” means the Assessment and Planning Appeal Board established under the Assessment and Planning Appeal Board Act. (Commission)

“building inspector” means (inspecteur des constructions)

(a) a person who has the primary responsibility under a regional service commission for the enforcement of a local government by-law or the primary responsibility under provincial law with respect to building and construction within the region, and

(b) a person appointed under subsection 71(2) of the Local Governance Act.

“clerk” means a clerk of a local government appointed under the Local Governance Act. (greffier)

“council” means the mayor and councillors of a local government. (conseil)

“Crown” means the Crown in right of the Province. (Couronne)

“development” means (aménagement)

(a) the erecting, placing, relocating, removing, demolishing, altering, repairing or replacing of a building or structure other than utility poles and wires, traffic control devices and pipelines defined in the Pipeline Act, 2005 except for buildings and structures remote from a pipeline used for management and administration or housing or storing of moveable equipment or statutory notices,

(b) if the purpose for which land, buildings and structures are used is set out in a regional plan, municipal plan, rural plan, development scheme, zoning by-law or regulation, a change in the purpose for which the land, building or structure is used,

(c) any excavation of sand, gravel, clay, shale, limestone or other deposits for a development mentioned in paragraph (a) or for purposes of the sale or other commercial use of the material excavated, or

(d) the making of land by cutting or filling to a depth in excess of one metre, except in the case of laying pipelines defined in the Pipeline Act, 2005.

“development officer” means (agent d’aménagement)

(a) with respect to a local government that is providing its own land use planning service,

( i) the planning director, if one has been appointed under subsection 10(1), or

( ii) the Director, if there are regional developments or, in the case of a village, the Director, if he or she is appointed as the development officer under paragraph 10(3)(a) or if paragraph 10(3)(b) applies, and

(b) with respect to a local government or a local service district that is not providing its own land use planning service, the planning director as defined in the Regional Service Delivery Act.

“development scheme” means a development scheme described in section 101. (projet d’aménagement)

“Director” means the Provincial Planning Director appointed under section 9. (directeur provincial)

“land for public purposes” means land, other than streets, for the recreational or other use or enjoyment of the general public. (terrain d’utilité publique)

“land registration office” means a registry office established under the Registry Act or a land titles office established under the Land Titles Act. (bureau d’enregistrement des biens-fonds)

“local government” means a municipality, rural community or regional municipality. (gouvernement local )

“local service district” means an unincorporated area inside the territorial limits defined by regulation under the Local Governance Act. (district de services locaux)

“Minister” means the Minister of Environment and Local Government and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“municipal plan” means a municipal plan under section 21. (plan municipal)

“non-conforming use” means a use of any land, building or structure, including that which is lawfully under construction or for which a building permit or a development and building permit to undertake construction is in effect, that is not permitted by (usage non conforme)

(a) an existing or proposed zoning by-law or rural plan under section 33 or 44 for which a resolution under section 114 has been passed by the council and remains in effect, or

(b) an existing or proposed rural plan or zoning regulation under section 51 or 125 for which a notice has been published under paragraph 111(1)(b) and six months have not elapsed since the publication, if the use existed on the day the by-law was made, the plan or regulation was made, the resolution was passed or the notice was published.

“planner” means an individual who is entitled to use the designation MCIP or FCIP under the by-laws of the Canadian Institute of Planners or a planner as defined in the Regional Service Delivery Act. (urbaniste)

“region” means a region as defined in the Regional Service Delivery Act. (région)

“regional development” means a development (aménagement régional)

(a) which is identified in a regional plan as being subject to approval in relation to standards described in the plan for the development, and

(b) for which approval is not required under section 108.

“regional plan” means a regional plan under section 18. (plan régional)

“regional service commission” means a regional service commission established under the Regional Service Delivery Act. (commission de services régionaux)

“registrar” means the registrar as defined in the Registry Act or the Land Titles Act, as the case may be. (registrateur)

“rural community” means a rural community incorporated or continued under the Local Governance Act. (communauté rurale)

“rural plan” means a rural plan under section 33 or 44 or a regulation under section 52, as the case may be. (plan rural)

“statement of provincial interest” means a statement of provincial interest under section 13. (déclaration d’intérêt provincial)

“street” means the entire width between the boundary lines of a street, road or highway. (rue)

“subdivide” means to divide a parcel of land into two or more parcels. (lotir)

“type 1 subdivision” means a subdivision of land that is not a type 2 subdivision. (lotissement de type 1)

“type 2 subdivision” means a subdivision of land that requires the development of (lotissement de type 2)

(a) one or more streets, or

(b) a form of access other than a street and approved by an advisory committee or regional service commission as being advisable for the development of the land.

“use of land” includes the mining or excavation of sand, gravel, clay, shale, limestone or other deposits whether or not for the purpose of sale or other commercial use of the material mined or excavated. (usage des terrains) (affectation des terrains)

1( 2) In this Act, a reference to a local government is a reference to the body corporate or to the area inside the territorial limits of the local government, as the context requires.

Purposes of Act

2 The purposes of this Act are as follows:

(a) to support the development of environmentally, economically, socially and culturally sustainable communities;

(b) to enable the articulation of provincial priorities and to guide regional and local planning decisions in the development of communities; and

(c) to enable co-operation between local governments, local service districts, regional service commissions and other jurisdictions and agencies in the delivery of planning services and infrastructure development.

PART 2

PLANNING ADMINISTRATION AND AUTHORITIES

Establishment of advisory committees

3( 1) A council that is providing its own land use planning service shall make a by-law establishing a planning advisory committee.

3( 2) No by-law establishing a planning advisory committee is valid unless the requirement of paragraph 112(1)(b) is complied with and comes into force when filed in the land registration office in accordance with that paragraph or on a date after the filing as the by-law provides.

Duties and powers of advisory committee

4 The powers and duties of an advisory committee are as follows:

(a) the powers and duties accruing under the provisions referred to in paragraph 24(1)(a) of the Regional Service Delivery Act, other than the provisions of sections 51 and 125 of this Act that are referred to in that paragraph;

(b) to advise and make recommendations to the council on matters relating to community planning;

(c) to give its views to the council on any by-law proposed to be made under this Act, whether or not its views have been requested in accordance with section 110; and

(d) to exercise the powers and perform the duties relating to community planning that are given to it by this Act or the council.

Membership of advisory committee

5( 1) An advisory committee shall consist of,

(a) in the case of a city or town, at least five members, but no more than 15 members, or

(b) in the case of a village or a rural community, at least three members, but no more than six members.

5( 2) Subject to this section, by resolution, a council referred to in section 3

(a) shall appoint members to serve on the advisory committee,

(b) shall designate the chair and vice-chair of the advisory committee, and

5( 3) A person appointed to an advisory committee may be a member of the council or an employee or agent of the local government, but the majority shall be other than members of the council and employees or agents of the local government.

5( 4) To be a member of an advisory committee, a person shall be

(a) eligible to vote under the Municipal Elections Act, and

(b) a resident of the local government.

Terms of office

6( 1) Subject to subsections (3) and (7), a member of an advisory committee shall be appointed for a term of three years and is eligible for reappointment.

6( 2) The chair and vice-chair of an advisory committee shall be appointed for a term of one year and are eligible for re-election or re-designation.

6( 3) When appointing the first members of the advisory committee, a council shall designate members in the following manner so that as nearly as possible the term of office of one-third of the members expires each year:

(a) members who hold office until the first day of January of the year following their appointment;

(b) members who hold office until the first day of January of the second year following their appointment; and

6( 4) If the membership of an advisory committee is increased, a council shall fix, on appointing the additional members, their term of office so that as nearly as possible the term of office of one-third of the members expires on the first day of January in each year.

6( 5) If the membership of an advisory committee is decreased, a council may remove the necessary number of members, but it shall do so in a manner so that as nearly as possible the term of office of one-third of the members expires on the first day of January in each year.

6( 6) When a member of a council or an employee or agent of a local government is appointed to an advisory committee,

(a) unless the council fails to appoint another person to replace him or her, the member of the council or the employee or agent ceases to be a member of the advisory committee on ceasing to be a member of the council or employee or agent of the local government, and

(b) if the council replaces the member of the council or the employee or agent under paragraph (a), the appointment is for the remainder of the term of the member replaced.

6( 7) If a member of an advisory committee dies, resigns, becomes ineligible to be a member or is removed from office, the council may appoint another person to succeed the member, and the person shall hold office for the remainder of the term of the member he or she succeeds.

6( 8) If a council fails to appoint a successor for a member of the advisory committee whose term of office would but for this subsection have expired, the member continues to hold office until his or her successor is appointed, and when appointed, the successor holds office until the day his or her term would have expired if he or she had been appointed at the appropriate time.

Administration of advisory committee

7 An advisory committee,

(a) shall elect a chair and vice-chair of the advisory committee from among its membership,

(b) may appoint a secretary from among or outside its membership,

(d) shall keep records of its proceedings.

Expenses of advisory committee

8 The expenses of an advisory committee that are approved by the council shall be paid by the council.

Provincial Planning Director

9( 1) The Lieutenant-Governor in Council shall appoint an employee of the Department of Environment and Local Government as the Provincial Planning Director, to whom the Civil Service Act shall apply.

9( 2) In local governments that are providing their own land use planning service, the Director is the development officer for the purposes of

(a) approving regional developments on land located in a local government if no appointment has been made under subsection 10(1),

(b) administering a subdivision by-law and approving developments under the by-law in a village or rural community that appoints the Director as the development officer under paragraph 10(3)(a), and

(c) administering a subdivision regulation under this Act in a village or rural community in which the regulation is in effect.

9( 3) The Director may

(a) delegate an administrative power conferred on him or her under this Act,

(b) provide technical planning assistance for councils, advisory committees and regional service commissions, and

(c) exercise the powers and perform the duties in relation to community planning that the Minister assigns to him or her.

Local government planning director

10( 1) Subject to this section, a council that is providing its own land use planning service

(a) may employ the staff that it considers necessary for the purpose of performing services in relation to community planning,

(b) may appoint a planner as the planning director or a person as planning officer, and

( i) passing a resolution to publish a notice stating its intention to make a municipal plan, a rural plan under section 33 or 44, as the case may be, or a development scheme,

( ii) passing a resolution under section 114 with respect to a zoning, deferred widening or controlled access street by-law, or

( iii) making a subdivision by-law or a by-law referred to in subparagraph (ii).

10( 2) The person appointed under subsection (1) is also the development officer for the local government.

10( 3) In the case of a village or rural community that is providing its own land use planning service,

(a) the council may, with the approval of the Minister, appoint the Director as the development officer for the village or rural community, as the case may be, and

(b) the Director is the development officer for the village or rural community, as the case may be, with respect to a subdivision regulation that is in effect in the village or rural community.

Design review committee by-law

11 A council may make a by-law to establish one or more committees, called a design review committee, which shall advise the local government on development within the local government.

Content of design review committee by-law

12( 1) A design review committee by-law may

(a) provide for the membership of the design review committee,

(b) provide for the appointment of the chair and other officers of the committee,

(d) fix the remuneration, if any, to be paid to the chair of the committee, if the chair is not a council member,

(e) determine the reimbursement of members of the committee for expenses incurred as members,

(f) establish the duties and procedure of the committee, including a procedure by which the committee’s views are made known to the council, and

(g) provide for the matters the committee may consider when reviewing the external appearance of structures for a development and matters relating to the site plan for the development.

12( 2) A design review committee by-law may provide that the members are to be appointed by resolution.

PART 3

PLANNING DOCUMENTS

Division A

Statement of Provincial Interest

Establishing statement of provincial interest

13( 1) The Lieutenant-Governor in Council shall establish by regulation a statement of provincial interest in order to protect the provincial interest in the use and development of land.

13( 2) A regulation under this section shall

(a) identify provincial interests and priorities to guide planning decisions in the Province, and

(b) establish policies and, if applicable, minimum standards to align planning policies and guide development of economically, environmentally, socially and culturally sustainable communities.

13( 3) Before establishing or amending a statement of provincial interest, the Minister may consult with any person the Minister considers appropriate.

Activities of the Province to be consistent with statement of provincial interest

14 The activities of the Province shall be consistent with a statement of provincial interest.

Regional plan, municipal plan, rural plan, by-law or regulation to be consistent with statement of provincial interest

15( 1) A regional plan, municipal plan, rural plan or a by-law or regulation under this Act, or an amendment or addition to any of them, that is made or adopted after the coming into force of a statement of provincial interest shall be consistent with the statement of provincial interest.

15( 2) A regional plan, municipal plan, rural plan or a by-law or regulation under this Act, or a portion of any of them, that is inconsistent with a statement of provincial interest, is considered inconsistent with this Act and regulations and is of no effect to the extent of the inconsistency, unless the council can demonstrate to the Minister a practical reason for being so.

Enforcement

16( 1) For the purpose of achieving consistency with a statement of provincial interest, the Minister, after consulting with the council or regional service commission, may direct the council or regional service commission, as the case may be, to prepare and make an amendment to a regional plan, municipal plan, rural plan or by-law.

16( 2) The council or the regional service commission, as the case may be, shall comply with the direction within 24 months after the date the direction was given under subsection (1).

16( 3) The Minister shall revoke the direction if the council makes an amendment to the regional plan, municipal plan, rural plan or by-law, as the case may be, in a manner that complies with and, in the opinion of the Minister, is consistent with the statement of provincial interest and the plan or by-law is in effect.

Review

17( 1) The Minister shall ensure that a review of a statement of provincial interest is commenced within 10 years after its commencement for the purpose of examining and reporting on the plan’s effectiveness and to make recommendations on any potential amendments or for its repeal.

17( 2) The Minister shall ensure that a review under subsection (1) is concluded no later than 24 months after it commences.

Division B

Regional Planning and Development

Regional plans

18( 1) A regional plan may be prepared for a region of the Province in accordance with this Act and the regulations.

18( 2) Before and during the preparation of a regional plan, the Minister may consult with the local governments and regional service commission for that region with respect to the contents of the regional plan.

Province to consider regional plan

19 Before carrying out or authorizing a development in a region, the Province shall consider a regional plan prepared for the region.

Regional development

20( 1) If a regional plan is in force, a regional development in the area shall not be undertaken unless it is approved as conforming to standards described for the area in the plan.

20( 2) An approval under subsection (1) may be given

(a) by the planning director as defined in the Regional Service Delivery Act, in the case of a regional development on land in a region,

(b) by the planning director or planning officer, if one has been appointed, in the case of a regional development in an area that is on land in a local government that is providing its own land use planning service, or

20( 3) If an application is made for an approval referred to in paragraph (2)(a), the planning director as defined in the Regional Service Delivery Act shall forward notice of his or her response as soon as circumstances permit to

(a) the council, if the land involved is in a local government, or

(b) the Director, if the land involved is in a local service district.

20( 4) In approving a regional development under this section, the approving officer may make the approval subject to any terms and conditions he or she considers necessary to ensure consistency with the regional plan.

20( 5) If a regional development is approved under this section and no appeal is made under section 120 within the time limit prescribed for the appeal, the development is deemed to be consistent with the regional plan.

20( 6) If, in respect of a regional development, there is an inconsistency between a regional plan, municipal plan, rural plan or a by-law or regulation under this Act, except a regulation respecting land use and development policies under paragraph 125(1)(j) or a regulation establishing a statement of provincial interest, the regional plan prevails.

Division C

Municipal Plans

Adoption and approval of municipal plan

21( 1) Within five years of the coming into force of this section, a council shall make a by-law adopting a municipal plan, prepared in the manner set out in this Act and the regulations, if no municipal plan by-law is already in force.

21( 2) The Minister shall assess the municipal plan and shall approve it if it meets the requirements prescribed by this Act and the regulations, if any.

Province to consider municipal plan

22 Before carrying out or authorizing a development in a municipality, the Province shall consider a municipal plan prepared for the municipality.

Failure to adopt municipal plan

23 If a council fails to make a by-law adopting a municipal plan or amendment when required to do so, the Minister may exercise any of the powers of the council under this Act on giving at least 30 days’ written notice to the municipality of the Minister’s intention to do so.

Preparation and content of municipal plan

24( 1) A council shall prepare a municipal plan for the municipality for approval by the Minister.

24( 2) A municipal plan shall be prepared

(a) under the direction of

( i) the planning director or a planning consultant engaged by the council and responsible to the director, if a planning director has been appointed,

( ii) a planning consultant engaged by and responsible to the council, if a planning officer has been appointed, or

( iii) in the case of a municipality not providing its own land use planning service,

( A) a planning consultant engaged by and responsible to the council, or

( B) the planning director or a planning consultant engaged by and responsible to the regional service commission, if the regional service commission prepares the plan, and

(b) on the basis of a written report of studies of the economy, finances, resources, population, land use, transportation facilities, municipal facilities and services, and any other matter related to the present or future economic, social or physical conditions of the municipality.

24( 3) The zones into which the municipality is proposed to be divided by the zoning by-law shall be delineated on a map or plan attached to and forming part of the municipal plan.

24( 4) In preparing a municipal plan, a planner shall

(a) ascertain the assumptions of policy of the council in relation to the proposed plan,

(b) if the planner is engaged by a municipality that is not providing its own land use planning service, seek the advice and assistance of the regional service commission, and

( i) the results of the studies referred to in subsection (2),

( ii) the regional plan, if any, and

( iii) the resources likely to be available for carrying out the proposals referred to in the plan.

24( 5) A municipal plan shall contain the following:

(a) statements of policy with respect to

( i) the development and use of land in the municipality,

( ii) the conservation and improvement of the physical environment,

( iii) the control and abatement of all forms of pollution of the natural environment,

( iv) the development of communication, utility and transportation systems,

( v) the reservation and projected use of land for municipal purposes, and

( vi) the provision of municipal services and facilities, including

( A) sewage collection, treatment and disposal,

( B) water supply and distribution,

( C) solid waste disposal,

( D) educational and cultural institutions,

( E) recreational facilities, parks, playgrounds and other public open spaces,

( F) fire and police facilities,

( G) cemeteries and crematoria,

( H) urban renewal,

( I) housing,

( J) preservation of buildings and sites of historical interest, and

( K) facilities for the provision of health and social services,

( vii) the co-ordination of programmes of the council relating to the economic, social and physical development of the municipality, and

( viii) any other matter that is, in the opinion of the council, advisable;

(b) any proposal that is, in the opinion of the council, advisable for the implementation of policies referred to in the plan;

(d) a five-year capital budget for the physical development of the municipality.

24( 6) With respect to a five-year capital budget contained in a municipal plan, the council shall annually

(a) revise the budget to make it applicable to the next five years, and

(b) provide a copy of the revised budget to the Minister.

24( 7) Section 26 does not apply to a revision of a budget under subsection (6).

Public notice of municipal plan

25( 1) Before complying with the requirements of section 111 with respect to a municipal plan, a council shall publish a notice at least 10 days, but no more than 14 days, before the day referred to in paragraph (b), stating

(a) the intention of the council to adopt a municipal plan,

(b) the time and place for a public presentation by the council of the proposed plan, and

(c) that objections to the proposed plan may be made to the council within 30 days of the day of the public presentation.

25( 2) A notice referred to in subsection (1) shall be given by one or more of the following means:

(a) publishing the notice in a newspaper published or having general circulation in the municipality;

(b) broadcasting the notice on a radio or television station that broadcasts in the municipality at least once a day for the period of time that the notice is required to be published; and

25( 3) A council shall retain a hard copy of the notice referred to in subsection (1) in the council offices for the period of time that the notice is required to be published.

25( 4) Notice provided in a manner authorized by subsection (2) shall be sufficient notice only if the notice is also available for examination by the public for the required period of time in the office of the clerk during regular office hours.

25( 5) If a municipality has given notice in a manner authorized by subsection (2), it may also post the notice on social media websites.

25( 6) If a notice is given in a manner authorized by subsection (2), any person may submit to the council written objections to the proposed municipal plan within the period referred to in subsection (1).

Comply with notice provisions

26( 1) Subject to subsection 24(7), no municipal plan is valid unless

(a) the procedure set out in section 111 is complied with, and

(b) the requirement of paragraph 112(1)(b) is complied with.

26( 2) A municipal plan comes into force when filed in the land registration office in accordance with paragraph 112(1)(b) or on a date after the filing as the by-law adopting the municipal plan provides.

Effect of municipal plan

27 The adoption of a municipal plan does not commit the municipality or the Province to undertake a proposal suggested or outlined in the plan, but, in the case of a municipality, shall prevent the undertaking of a development in any manner inconsistent with a proposal or policy outlined or suggested in the plan.

Conflict between municipal plan and zoning or subdivision by-law

28 If there is a conflict between a municipal plan and a zoning or subdivision by-law, the municipal plan prevails.

Secondary municipal plan

29( 1) A municipal plan may provide for the preparation and adoption by by-law of a secondary municipal plan that applies, as part of the municipal plan, to a specific area or areas of a municipality.

29( 2) The purpose of a secondary municipal plan is to address issues with respect to a particular part of the planning area that may not, in the opinion of the council, be adequately addressed in the municipal plan alone.

Effect of secondary municipal plan

30 The adoption of a secondary municipal plan does not commit the municipality to undertake any proposal in the secondary municipal plan.

Conflict between secondary municipal plan and a municipal plan

31 If there is a conflict between a secondary municipal plan and a municipal plan, the municipal plan prevails.

Review

32( 1) The council of a municipality shall ensure that a review of a municipal plan is commenced within 10 years after the coming into force of this section for the purpose of examining and reporting on the plan’s effectiveness and to make recommendations on any potential amendments or for its repeal.

32( 2) The council of a municipality shall ensure that a review under subsection (1) is concluded no later than 36 months after it commences.

32( 3) The council of a municipality shall provide a copy of the report prepared as a result of the review to the Minister as soon as circumstances permit.

Division D

Rural Plans for Villages

Adoption and approval of rural plans for villages

33( 1) Within five years of the coming into force of this section, a council of a village shall make a by-law adopting a rural plan for the village, prepared in the manner set out in this Act and the regulations, if no rural plan by-law for the village is already in force.

33( 2) The Minister shall assess the rural plan for the village and approve it if it meets the requirements prescribed by this Act and the regulations, if any.

Failure to make rural plan for a village

34 If the council of a village fails to make a by-law adopting the rural plan or amendment when required to do so, the Minister may exercise any of the powers of the council under this Act on giving at least 30 days’ written notice to the village of the Minister’s intention to do so.

Preparation and content of rural plan for a village

35( 1) A council of a village shall prepare a rural plan for the village for approval by the Minister.

35( 2) A rural plan for a village shall contain

(a) statements of policy with respect to

( i) residential uses,

( ii) commercial uses,

( iii) institutional uses,

( iv) recreational facilities and public open spaces,

( v) resource uses,

( vi) protection of water supplies,

( vii) heritage buildings and sites of historical or archeological interest,

( viii) conservation of the physical environment, or

( ix) any other matter that the council considers necessary;

(b) proposals the council considers advisable for the implementation of the policies in the rural plan,

(d) zoning provisions.

35( 3) Subsections 53(2) to (8) and sections 55 to 59 apply with the necessary modifications to zoning provisions referred to in paragraph (2)(d).

35( 4) If there is a conflict between a policy or a proposal referred to in paragraphs (2)(a) and (b) and a zoning provision referred to in paragraph (2)(d), the policy or proposal prevails.

Secondary rural plan

36( 1) A rural plan for a village may provide for the preparation and adoption by by-law of a secondary rural plan that applies, as part of the rural plan for the village, to a specific area or areas of the village.

36( 2) The purpose of a secondary rural plan is to address issues with respect to a particular part of the planning area that may not, in the opinion of the council, be adequately addressed in the rural plan alone.

Effect of secondary rural plan

37 The adoption of a secondary rural plan does not commit the council of a village to undertake any proposal in the secondary rural plan.

Conflict between secondary rural plan and a rural plan

38 If there is a conflict between a secondary rural plan and a rural plan, the rural plan prevails.

Public notice of rural plan

39( 1) Despite any other provision in this Act, the council of a village shall not vote on adopting a rural plan until after the 14 days referred to in subsection (2) and, if written objections are submitted under subsection (2), the written objections are considered.

39( 2) A person may send written objections in relation to objections raised on the day fixed under subsection 111(1) for consideration of objections to the person referred to in paragraph 111(4)(c) within 14 days after that day.

39( 3) If the council of the village substantially amends the proposed rural plan after the notice under paragraph 111(1)(b) is published, section 111 and subsections (1) and (2) apply with the necessary modifications to the amendment.

Comply with notice provisions

40( 1) Subject to section 39, no rural plan for a village is valid unless

(a) the procedure set out in section 111 is complied with, and

(b) the requirement of paragraph 112(1)(b) is complied with.

40( 2) A rural plan for a village comes into force when filed in the land registration office in accordance with paragraph 112(1)(b) or on a date after the filing as the by-law adopting the rural plan provides.

Effect of rural plan for a village

41( 1) Before carrying out or authorizing a development in a village, the Province shall consider a rural plan prepared for the village.

41( 2) The adoption of a rural plan does not commit the village or the Province to undertake a proposal in the rural plan, but, in the case of a village, shall prevent the undertaking of a development in a manner inconsistent with a proposal or policy outlined or suggested in the plan.

Conflict between rural plan for a village and a subdivision by-law

42 If there is a conflict between a rural plan and a subdivision by-law, the rural plan prevails.

Review

43( 1) The council of a village shall ensure that a review of a rural plan is commenced within 10 years after the coming into force of this section for the purpose of examining and reporting on its effectiveness and to make recommendations on any potential amendments or its repeal.

43( 2) The council of a village shall ensure that a review under subsection (1) is concluded no later than 36 months after it commences.

43( 3) The council of a village shall provide a copy of the report prepared as a result of the review to the Minister as soon as circumstances permit.

Division E

Rural Plans for Rural Communities

Adoption and approval of rural plans for rural communities

44( 1) Within five years of the coming into force of this section, a rural community council shall make a by-law adopting a rural plan for the rural community, prepared in the manner set out in this Act and the regulations, if no rural plan for the rural community is already in force.

44( 2) The Minister shall assess the rural plan for the rural community and shall approve it if it meets the requirements prescribed by this Act and the regulations.

44( 3) Paragraph 52(2)(a) and subsections 52(3) to (9) apply with the necessary modifications to a rural plan adopted under subsection (1).

44( 4) Part 5 of this Act applies with the necessary modifications to a rural plan adopted under this section.

44( 5) The adoption of a rural plan does not commit the rural community council or the Province to undertake a proposal in the rural plan.

44( 6) With respect to zoning provisions in a rural plan under this section,

(a) the powers and functions in paragraphs 53(2)(g) and (h) or 53(3)(c) with respect to particular uses of land may be vested in a regional service commission,

(b) if a person applies to a rural community council to have an area of land re-zoned to permit the carrying out of a specific proposal,

( i) the rural community council may act by resolution under section 59;

( ii) the Minister may enter into an agreement with the person respecting those matters set out in the resolution, and

( iii) the provisions of section 59 with respect to a resolution or agreement apply with the necessary modifications to a resolution or agreement under this section,

(c) despite subsection (3), if a rural plan under this section provides that a developer may pay money instead of providing off-street parking under paragraph 53(2)(k), the money shall be paid, despite the Financial Administration Act, to the regional service commission and the regional service commission shall deal with the money in accordance with the directions of the rural community council and section 57,

(d) if a fee for amending the zoning provisions is provided for in the rural plan under this section, it shall be paid, despite the Financial Administration Act, to the regional service commission and credited to the cost of the delivery of the land use planning service under subsection 161(4) of the Local Governance Act, and

(e) the powers in sections 55 and 56 with respect to certain proposed uses and variance shall be deemed to be vested in the relevant regional service commission.

44( 7) The Regulations Act does not apply to a rural plan under this section.

Comply with notice provisions

45( 1) No rural plan for a rural community is valid unless

(a) the procedure set out in section 111 is complied with, and

(b) the requirement of paragraph 112(1)(b) is complied with.

45( 2) A rural plan for a rural community comes into force when filed in the land registration office in accordance with paragraph 112(1)(b) or on a date after the filing as the by-law adopting the rural plan provides.

Secondary rural plan

46( 1) A rural plan for a rural community may provide for the preparation and adoption by-by-law of a secondary rural plan that applies, as part of the rural plan, to a specific area or areas of a rural community.

46( 2) The purpose of a secondary rural plan is to address issues with respect to a particular part of the planning area, that may not, in the opinion of the council, be adequately addressed in the rural plan alone.

Conflict between secondary rural plan and a rural plan

47 If there is a conflict between a secondary rural plan and a rural plan for a rural community, the rural plan for the rural community prevails.

Effect of secondary rural plan

48 The adoption of a secondary rural plan does not commit the rural community council to undertake a proposal in the secondary rural plan.

Effect of rural plan for a rural community

49( 1) Before carrying out or authorizing a development in a rural community, the Province shall consider a rural plan prepared for the rural community.

49( 2) In the case of a rural community, the adoption of a rural plan for a rural community shall prevent the undertaking of a development in a manner inconsistent with a proposal or policy outlined or suggested in the plan.

Review

50( 1) The rural community council shall ensure that a review is commenced of a rural plan within 10 years after the coming into force of this section for the purpose of examining and reporting on the plan’s effectiveness and to make recommendations on a potential amendment or for its repeal.

50( 2) The rural community council shall ensure that a review under subsection (1) is concluded no later than 36 months after it commences.

50( 3) The rural community council shall provide a copy of the report prepared as a result of the review to the Minister as soon as circumstances permit.

Division F

Rural Plans for Local Service Districts

Ministerial regulations respecting rural plans for local service districts

51 The Minister may make regulations respecting rural plans for local service districts.

Content of regulation

52( 1) In a regulation under this Division, the Minister

(a) shall designate an area for the purpose of the application of the regulation, and

(b) may provide for anything that a council is empowered to do by by-law under this Act.

52( 2) A regulation under this Division shall contain

(a) statements of policy with respect to

( i) residential uses,

( ii) commercial uses,

( iii) institutional uses,

( iv) recreational facilities and public open spaces,

( v) resource uses,

( vi) protection of water supplies,

( vii) heritage buildings and sites of historical or archeological interest,

( viii) conservation of the physical environment, or

( ix) any other matter the Minister considers necessary;

(b) any proposals the Minister deems advisable for the implementation of the policies in the rural plan;

(c) zoning provisions that divide the area into zones, prescribe the purposes for which land, buildings and structures in a zone may be used and prohibit the use of land, buildings and structures for any other purpose; and

(d) a map showing the zones referred to in paragraph (c).

52( 3) Subsections 53(2) to (8), except paragraphs 53(2)(c) and (l), and sections 55 to 59 apply with the necessary modifications to zoning provisions referred to in paragraph (2)(c).

52( 4) If there is a conflict between a policy or a proposal referred to in paragraphs (2)(a) and (b) and a zoning provision referred to in paragraph (2)(c), the policy or proposal prevails.

52( 5) A regulation under this Division may prescribe a fee for the amendment of zoning provisions in the regulation.

52( 6) Despite any provision in this Act, the Minister shall not make a regulation under this Division until after the 14 days referred to in subsection (7) and, if written objections are submitted under subsection (7), the written objections are considered.

52( 7) A person may send written objections in relation to objections raised on the day fixed for consideration of objections to the Minister within 14 days after that day.

52( 8) If the Minister substantially amends the proposed regulation under this Division after the notice of the day for consideration of objections is published, section 111 and subsections (6) and (7) apply with the necessary modifications to the amendment.

52( 9) If a fee for the amendment of zoning provisions is prescribed in a regulation under this Division, the fee shall be paid, despite the Financial Administration Act, to the regional service commission and credited to the cost of the delivery of the land use planning service under subsection 161(4) of the Local Governance Act.

52( 10) The making of a regulation under this Division does not commit the Province to undertake a proposal in the regulation.

52( 11) Section 115 applies with the necessary modifications to a regulation under this Division.

52( 12) Section 49 and subsections 125(4) to (16) apply with the necessary modifications to a regulation under this Division.

52( 13) The Regulations Act does not apply to a regulation under this Division.

52( 14) A regulation under this Division shall be published in The Royal Gazette, but failure to make the publication does not affect the validity of the regulation.

PART 4

LAND USE CONTROLS AND IMPLEMENTATION TOOLS

Division A

Zoning By-laws

Making of zoning by-law

53( 1) On the adoption of a municipal plan, a council shall

(a) immediately proceed to draft a zoning by-law to carry out the intent of the plan, and

(b) make the zoning by-law within

( i) one year, or

( ii) a longer period or periods, not to exceed a total of two years, as the Minister, after consultation with the municipality, may decide.

53( 2) For greater certainty and without limiting subsection (1), a zoning by-law shall divide the municipality into zones, prescribe the purposes for which land, buildings and structures in a zone may be used and prohibit the use of land, buildings and structures for any other purpose, and may

(a) with respect to a zone, regulate

( i) the minimum size and dimensions of lots and other parcels into which land may be subdivided, and the minimum size and dimensions of land required for a particular class of use or size of building or structure,

( ii) the maximum density of population,

( iii) the height, number of storeys, ground area, floor area and bulk of buildings and structures,

( iv) the percentage of land that may be built on, and the depth, size or area of yards, courts, parking areas and open spaces,

( v) the placement, location and arrangement of buildings and structures, including their setting back from the boundaries of streets and other public areas, and from rivers, streams or other bodies of water,

( vi) the design, character and appearance of buildings and structures,

( vii) the placement, height and maintenance of fences, walls, hedges, shrubs, trees and other objects,

( viii) the types, dimensions and locations of means of access of lots to streets,

( ix) the facilities to be provided and maintained for off-street parking and loading of vehicles,

( x) the size of rooms and the means of lighting and ventilating buildings,

( xi) the excavation of sand, gravel, clay, shale, limestone or other deposits for purposes of the sale or other commercial use of the material excavated,

( xii) the altering of land levels for building or other purposes in so far as this may affect surface drainage,

( xiii) the location, dimensions, standards of construction and purposes of advertising signs and billboards,

( xiv) the preservation and planting of trees,

( xv) the location of buildings and structures in relation to sources of public water supply, and

( xvi) subject to standards established under an Act of the Parliament of Canada or the Legislature, standards of pollution control to which permitted uses must conform;

(b) prohibit, unless a permit is obtained,

( i) a change in the purpose for which land or a building or structure is used,

( ii) the use of land, buildings and structures for the purpose of displaying advertising signs and billboards, or

( iii) an excavation referred to in subparagraph (a)(xi),

(c) prescribe a system of permits, their terms and conditions, the conditions under which they may be issued, suspended, reinstated, revoked and renewed, their form and the fees for the permits,

(d) prohibit the erection of a building in respect of which, in the opinion of the council, satisfactory arrangements have not been made for the supply of electric power, water, sewerage, street or other services or facilities,

(e) require the improvement, removal or demolition of a building or structure that, in the opinion of the council, is dilapidated, dangerous or unsightly, and empower the council to improve, remove or demolish the building or structure at the expense of the owner or to acquire the parcel of land on which the building or structure is situated,

(f) prescribe standards with respect to the appearance of land in a zone and require landscaping and improvements in accordance with standards prescribed in the by-law,

(g) designate specific uses of land, buildings or structures, otherwise permitted in a zone, as being subject to any special conditions or standards as may be stated in the by-law,

(h) prohibit the erection of a building or structure on a site where it would otherwise be permitted under the by-law if, in the opinion of the advisory committee or regional service commission, the site is marshy, subject to flooding, excessively steep or otherwise unsuitable for a proposed purpose by virtue of its soil or topography,

(i) empower the advisory committee or regional service commission, subject to the terms and conditions as it considers fit,

( i) to authorize for a temporary period not exceeding one year a development otherwise prohibited by the by-law;

( ii) to authorize, for an additional temporary period not exceeding one year, a development otherwise prohibited by the by-law if

( A) the applicant holds an authorization under subparagraph (i) that is to expire or has expired,

( B) an application with respect to the land has been made to amend the applicable zoning by-law or rural plan, and

( C) the advisory committee or regional service commission has received a resolution from the council confirming that the council will consider the application referred to in clause (B); and

( iii) to require the termination or removal of a development authorized under subparagraph (i) or (ii) at the end of the authorized period,

(j) empower the advisory committee or regional service commission

( i) to delegate its authority under paragraph (i) to the development officer, and

( ii) to authorize a delegate under subparagraph (i) to further delegate his or her authority under paragraph (i) to a person,

(k) provide that the council may, in its discretion, allow a developer to pay to the municipality a sum of money in lieu of providing the off-street parking required by the by-law, the amount payable to be determined according to a fixed amount per parking space as provided by the by-law, and payable on the terms and conditions the council determines,

(l) provide that anyone who applies to the council for an amendment to the by-law shall pay a fee to the council and that the council may, if it decides to, return all or part of the fee to the applicant,

(m) provide

( i) procedures for applying for amendments to the by-law,

( ii) conditions and standards under which changes in zones may be made, or

( iii) that the council will not consider applications for amendments or re-submissions of applications for amendments, except at a time specified in the by-law,

(n) prescribe types of development that are exempted from the provisions of section 108, and

(o) prescribe standards and provisions with respect to the establishment of overlay zones.

53( 3) In prescribing the purposes for which land, buildings and structures in a zone may be used, a zoning by-law may

(a) establish classes of purposes with respect to main, secondary and accessory uses and permit land, buildings or structures to be used for

( i) one or more classes of purpose, or

( ii) one or more purposes in a class;

(b) subject to section 58, permit developments consisting of combinations of uses of land, buildings and structures in a zone to be known as an integrated development zone if

( i) the combinations of uses are contained in a specific proposal described in a resolution or agreement adopted or entered into under section 59, and

( ii) the land to be developed is rezoned for purposes of the development, and

( i) in respect of which the advisory committee or regional service commission, subject to subsection (5), may impose terms and conditions, and

( ii) that may be prohibited by the advisory committee or regional service commission if compliance with terms and conditions imposed under subparagraph (i) cannot reasonably be expected.

53( 4) Terms and conditions imposed under paragraph (3)(c) shall be limited to those considered necessary by the advisory committee or regional service commission to protect

(a) properties within the zone or in abutting zones, or

(b) the health, safety and welfare of the general public.

53( 5) The zones into which a municipality is divided by a zoning by-law shall be shown on a map or plan attached to and forming part of the by-law.

53( 6) A map or plan referred to in subsection (5) may indicate any streets affected by a deferred widening by-law and any building line established by the by-law.

53( 7) If the location of a building or structure encroaches up to 60 cm on a set-back requirement under subparagraph (2)(a)(v), or encroaches up to 30 cm on a yard requirement under subparagraph (2)(a)(iv), the encroachment does not constitute a violation of the requirements of the by-law, if it occurs in good faith.

53( 8) An encroachment under subsection (7) is deemed to have occurred in good faith if the development officer, or a person to whom he or she has delegated the power, so attests.

53( 9) A delegation authorized under paragraph (2)(j) shall be in writing and include

(a) the manner in which the delegate is to exercise his or her authority, and

(b) any limitations, terms or conditions on the manner in which the delegate is to exercise his or her authority.

Comply with notice provisions

54( 1) No zoning by-law is valid unless

(a) the procedure set out in section 111 is complied with, and

(b) the requirement of paragraph 112(1)(b) is complied with.

54( 2) A zoning by-law comes into force when filed in the land registration office in accordance with paragraph 112(1)(b) or on a date after the filing as the by-law provides.

Variances from zoning by-law

55( 1) Subject to the terms and conditions it considers fit, the advisory committee or regional service commission may permit

(a) a proposed use of land or a building that is otherwise not permitted under the zoning by-law if, in its opinion, the proposed use is sufficiently similar to or compatible with a use permitted in the by-law for the zone in which the land or building is situated, or

(b) a reasonable variance from the requirements referred to in paragraph 53(2)(a) of a zoning by-law if it is of the opinion that the variance is desirable for the development of a parcel of land or a building or structure and is in keeping with the general intent of the by-law and any plan under this Act affecting the development.

55( 2) Subject to the terms and conditions that he or she considers fit, a development officer may permit a reasonable variance from the requirements referred to in subparagraph 53(2)(a)(i), (iii), (iv), (v), (vii), (viii), (ix) or (xiii) if the development officer is of the opinion that the variance is desirable for the development of a parcel of land or a building or structure and is in keeping with the general intent of the by-law and any plan under this Act affecting the development.

55( 3) If an advisory committee or a regional service commission has made a determination with respect to a request for a variance under paragraph (1)(b), a request with respect to the same variance shall not be made to a development officer.

55( 4) If a development officer has made a determination with respect to a request for a variance under subsection (2), a request with respect to the same variance shall not be made to an advisory committee or a regional service commission.

55( 5) A development officer may delegate the power to permit a variance under subsection (2) to a person.

Notice of variance

56 If requested to permit a proposed use or variance under section 55, the advisory committee, regional service commission or development officer may give notice to owners of land in the neighbourhood of the land in respect of which the request is received

(a) describing the land,

(b) describing the use proposed or variance requested, and

(c) giving the right to make representation to the advisory committee, regional service commission or development officer in connection with the request within the time limit set out in the notice.

Payments by developer

57 All money received by the council under paragraph 53(2)(k) is to be paid into a special account, and the money in that account is to be expended by the council for acquiring or developing land for public off-street parking and for no other purpose.

Integrated development scheme

58 An integrated development zone shall not be described or shown as set out in subsection 53(5) except on compliance with the provisions of paragraph 53(3)(b).

Re-zoning and amendments

59( 1) Subject to this section, if a person applies to the council to have an area of land re-zoned to permit the carrying out of a specific proposal, the council may

(a) by resolution,

( i) set out the proposal,

( ii) impose reasonable terms and conditions concerning

( A) the uses of the land, buildings and structures,

( B) the site layout and design, including parking areas, landscaping, and entry and exit ways,

( C) the external design, appearance and spacing of buildings and structures, and

( D) any other matters that it considers relevant to the situation,

( iii) prescribe time limits within which a part of the proposal referred to in subparagraph (i) or terms and conditions imposed under subparagraph (ii) shall be carried out, and

( iv) provide that on the re-zoning of the land, the land in the zone and any building or structure on the land shall not be developed or used except in accordance with the proposal set out, terms and conditions imposed and time limits prescribed in accordance with this paragraph; and

(b) enter into an agreement with a person respecting matters contained in a resolution under paragraph (a), and any additional matters as the parties may agree, to assure that on the re-zoning of the land the land in the zone and any building or structure on the land is developed and used in accordance with the terms of the agreement.

59( 2) A resolution or agreement adopted or entered into under subsection (1) shall not become effective until certified copies of the re-zoning by-law and the resolution or agreement are filed in the land registration office.

59( 3) If the council varies the resolution or agreement entered into under subsection (1) or enters into a new agreement, the council shall give notice of the variation of the resolution or agreement or of the new agreement in accordance with section 111, which applies with the necessary modifications, and the variation of the resolution or agreement or the new agreement shall not become effective until a certified copy of it and, if necessary, a certified copy of the by-law amending or replacing the by-law referred to in subsection (2) are filed in the land registration office.

59( 4) When registered in the land registration office, a resolution or agreement under this section is binding on a subsequent owner of the land in respect of which the resolution or agreement is made until discharged by the municipality.

59( 5) If land or a building or structure to which a resolution or an agreement under this section pertains is developed or used contrary to the provisions of the resolution or agreement, or the developer fails to meet a time limit prescribed in the resolution or agreement, the council may cancel the resolution or agreement.

59( 6) If the council cancels a resolution or agreement under subsection (5), the land to which that resolution or agreement pertains shall revert to the type of zone under which it fell before re-zoning on filing of a notice of the cancellation in the land registration office.

59( 7) After filing a notice of the cancellation in the land registration office under subsection (6), the council shall immediately

(a) give notice of the cancellation, and the effect of the cancellation, in a newspaper circulated in the municipality or on the municipality’s website and in any other manner the Director determines, and

(b) take the necessary steps to have the re-zoning by-law repealed.

59( 8) Failure to publish a notice referred to in subsection (7) or to repeal the rezoning by-law shall not affect the reversion of the land to the type of zone under which it fell before re-zoning.

59( 9) Before entering into an agreement with a person under this section, the council may require a person to deliver a performance bond, negotiable instrument or other security acceptable to the council assuring implementation of the agreement.

Non-conforming use

60( 1) The making of a zoning by-law or a regulation that amends or repeals an existing zoning by-law or regulation or the making of zoning provisions in a rural plan that amend or repeal existing zoning provisions

(a) may cause uses then existing to become non-conforming, and

(b) does not change the date on which a use became non-conforming.

60( 2) A non-conforming use may continue despite the zoning by-law or regulation or rural plan but

(a) if the use is discontinued for a period of ten consecutive months, or a further period as the advisory committee or regional service commission, as the case may be, considers fit, it shall not be recommenced and any further use of the land, building or structure shall conform with the zoning by-law or regulation or rural plan, and

(b) if a building or structure that contains a non-conforming use has, in the opinion of the advisory committee or regional service commission, as the case may be, been damaged to the extent of at least half of the whole building or structure, exclusive of the foundation, the building or structure shall not be repaired or restored or used except in conformity with the zoning by-law or regulation or rural plan, unless the advisory committee or regional service commission agrees otherwise, and, in the case of a by-law, the council may purchase or otherwise acquire the parcel of land on which the building or structure is situated.

60( 3) A non-conforming use of a part of a building may be extended throughout the building, except that, if a portion of the building was constructed after the date the use became non-conforming, the use shall not be extended into that portion without the consent of the advisory committee or regional service commission.

60( 4) With the consent of the advisory committee or regional service commission, as the case may be, a non-conforming use may be changed to a similar non-conforming use.

60( 5) Except as required by an Act or regulation or a by-law, no person shall enlarge, add to or structurally alter a building containing a non-conforming use.

Standards to be met re non-conforming use

61( 1) The council may require that any land, building or structure containing a non-conforming use shall be maintained and kept in a condition appropriate to the area in which it is located, in accordance with standards prescribed by the council.

61( 2) If standards have been prescribed under subsection (1), the council may give to the owner and to the occupier of the land, building or structure written notice, indicating

(a) the prescribed standards,

(b) the consequences of failing to comply with the standards, and

61( 3) If the standards prescribed under subsection (1) are not complied with, the council may

(a) perform, at the expense of the owner or occupier, the work required to meet the standards, or

(b) require the termination of the use.

61( 4) At least ten days before taking an action in accordance with subsection (3), the council shall give written notice to the owner and to the occupier indicating the action intended to be taken and when the action will be taken.

61( 5) The council shall take no action under subsection (3) or (4) until

(a) the time for appeal of the action under section 120 has expired and no appeal has been made, or

(b) an appeal referred to in paragraph (a) has been disposed of.

Division B

Building By-laws

Building standards and permits

62( 1) Subject to this section, a council may make a building by-law to prescribe standards for the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing, or a combination of the work, of a building or structure.

62( 2) In relation to work referred to in subsection (1), a building by-law may

(a) prohibit the undertaking or continuing of any work in violation of standards prescribed by the by-law, and

(b) prescribe a system of permits for the work, their terms and conditions, the conditions under which they may be issued, suspended, reinstated, revoked and renewed, their form and the fees for the permits.

62( 3) In prescribing standards under subsection (1), a council

(a) shall adopt by reference or otherwise the National Building Code, or a portion of the National Building Code, in relation to

( i) buildings, and

( ii) structures for which standards are provided for in the National Building Code;

(b) shall adopt a supplementary building code approved under subsection (6) or, if no code is approved, prescribe reasonable standards that may have been approved and designate classes of buildings to which the standards apply, and

(c) may prescribe reasonable standards in relation to structures for which standards are not provided under paragraph (a).

62( 4) If a code is adopted under this section, a council shall not adopt a penalty clause or, by reference, a administrative procedure contained in the code.

62( 5) If a building by-law is in effect, no wiring permit under a regulation under the Electrical Installation and Inspection Act may be issued in respect of a development, unless the applicant for the permit delivers a copy of the building permit for the development.

62( 6) For the purpose of making public buildings accessible to and usable by physically disabled persons, the Lieutenant-Governor in Council may by regulation approve a building code, for adoption under subsection (3), supplementary to the National Building Code.

62( 7) No building by-law is valid unless the requirement of paragraph 112(1)(b) is complied with and comes into force when filed in the land registration office in accordance with that paragraph or on a date after the filing as the by-law provides.

Division C

Deferred Widening By-laws

Altering of streets and establishing building lines

63( 1) If a council determines that land is required for the purposes of widening, altering or diverting an existing street or of constructing a new street, the council may make a deferred widening by-law that

(a) states its intention of acquiring land for the purposes of widening, altering or diverting an existing street or of constructing a new street,

(b) sets out the proposed boundaries of the existing or new street,

(d) prohibits the placing, erecting, altering or repairing of anything on land between the street and a building line referred to in paragraph (c).

63( 2) A street line set out, building line established or land proposed to be acquired under a deferred widening by-law shall be shown on a map or plan that is attached to and forms part of the by-law.

63( 3) A deferred widening by-law shall be consistent with the local government’s regional plan, municipal plan, rural plan under section 33 or 44 or development scheme, as the case may be.

Comply with notice provisions

64( 1) No deferred widening by-law is valid unless

(a) the procedure set out in section 111 is complied with, and

(b) the requirement of paragraph 112(1)(b) is complied with.

64( 2) A deferred widening by-law comes into force when filed in the land registration office in accordance with paragraph 112(1)(b) or on a date after the filing as the by-law provides.

Amendment and filing

65( 1) When a deferred widening by-law is filed in the land registration office, no person shall place, erect, alter or repair anything on land on which a prohibition under paragraph 63(1)(d) is in effect, unless permitted under subsection (2).

65( 2) Despite a provision of a deferred widening by-law, the council may permit on land on which a prohibition under paragraph 63(1)(d) is in effect,

(a) any repairs it considers fit, and

(b) the placing, erecting or altering of a building or structure if the owner of the land consents to make the land available to the council in accordance with terms and conditions agreed on in writing.

65( 3) If registered in the land registration office, an agreement made under subsection (2) is binding on a subsequent owner of the land in respect of which the agreement is made until discharged by the local government.

65( 4) If a by-law repealing a deferred widening by-law is filed in the land registration office under paragraph 112(1)(b), on the filing, an agreement made under subsection (2) shall cease to have effect, except for any rights which have accrued under the agreement.

Acquisition of land

66( 1) At any time after the filing of a deferred widening by-law in the land registration office, the council may proceed to acquire any land it proposed to acquire under the by-law.

66( 2) If the owner of land proposed to be acquired under a deferred widening by-law requests in writing at any time after the filing of the by-law in the land registration office that the council purchase the land, and the land is free of buildings and structures, subsection 65(1) ceases to apply to the land at the expiration of six months from the day the request is made.

Valid for five years

67( 1) Subject to subsection 66(2), a deferred widening by-law ceases to have effect at the expiration of five years from the day it was filed in the land registration office, except with respect to the payment for land acquired under the by-law.

67( 2) Despite subsection (1), a council may extend the period of effectiveness of a deferred widening by-law by re-enacting or replacing the by-law.

Division D

Controlled Access Street By-laws

Access to streets

68( 1) Subject to this section, a council may make a controlled access street by-law that

(a) declares all or a part of an existing or proposed publicly owned street to be a controlled access street, and

(b) in respect to a street referred to in paragraph (a), but subject to any exceptions set out in the by-law,

( i) restricts access to the street, and

( ii) prohibits a development on properties abutting on the street that, in the opinion of the advisory committee or regional service commission, would interfere in any way with the use of the street.

68( 2) Subject to subsection (3), a property that would have no access to a street as the result of a controlled access street by-law shall

(a) retain an access at a place approved by the advisory committee or regional service commission, or

(b) be provided by the local government with an alternative access to another street at a place approved by the advisory committee or regional service commission.

68( 3) An access referred to in subsection (2) shall have the width the council determines.

68( 4) A controlled access street by-law under this section shall be consistent with the local government’s regional plan, municipal plan, rural plan under section 33 or 44 or development scheme, as the case may be.

Comply with notice provisions

69( 1) No controlled access street by-law is valid unless

(a) the procedure set out in section 111 is complied with, and

(b) the requirement of paragraph 112(1)(b) is complied with.

69( 2) A controlled access street by-law comes into force when filed in the land registration office in accordance with paragraph 112(1)(b) or on a date after the filing as the by-law provides.

Division E

Flood Risk Area By-laws

Definition of “development”

70 The following definition applies in this Division.

“development” includes the following: (aménagement)

(a) the erecting, placing, relocating, structurally altering or replacing of a building or structure, and any excavation or other site work preparatory to the work, except in respect of utility poles and wires, traffic control devices or statutory signs and notices,

(b) the resurfacing of an area,

(d) the placing or dumping of landfill in any manner.

Designation of flood risk area

71( 1) If a local government requests, the Minister may designate an area within the local government to be a flood risk area.

71( 2) The designation referred to in subsection (1) shall be effected by the production of a map of the local government, or of a portion of the local government, showing the various elevations along the line delineating the flood risk area.

71( 3) In the event of a conflict between the actual elevation of an area shown at the time of the designation and the line delineating the flood risk area on the map, the actual elevation shown shall be deemed to be the boundary of the flood risk area.

71( 4) Despite subsection (2) and (3), no parcel of land shall be deemed to be outside a flood risk area by virtue of it having been filled after the flood risk area is designated to an elevation in excess of that shown on the flood risk map referred to in subsection (2).

Making and enforcement of flood risk area by-law

72( 1) If a flood risk area has been designated under section 71, the council may make a flood risk area by-law to be effective within the flood risk area and to provide for

(a) the maintenance of an adequate floodway for conveyance of flood waters,

(b) the conservation of the flood-water storage capacity of an area, and

72( 2) Without limiting subsection (1), a flood risk area by-law may prescribe engineering standards, designs and techniques to be followed in all development within the flood risk area and may prohibit all development except in accordance with the prescribed standards, designs and techniques.

72( 3) A flood risk area by-law may

(a) prohibit development that would obstruct or interfere with the normal floodway or free flow of flood waters during a flood period, and

(b) require that all development in a flood risk area or in a portion of the area be carried out so as not to reduce the flood water storage capacity of the area, and prohibit development in any other manner.

72( 4) If a flood risk area by-law provides that all development within the flood risk area or a portion of the flood risk area be carried out so as not to reduce the flood water storage capacity of the area, the council may by resolution permit a development if the developer

(a) establishes that he or she is unable to provide the additional storage capacity for flood water displaced by the development, and

(b) has paid to the local government an amount of money sufficient to enable the local government to economically provide for equivalent flood water storage capacity, whether within or outside the flood risk area.

72( 5) In no event shall the amount of money paid to the local government in accordance with subsection (4) exceed the sum of

(a) the market value, at the time of the issuance of the permit for the proposed development, of land available to provide the equivalent flood water storage capacity referred to in subsection (4), and

(b) the necessary construction costs to provide the capacity.

72( 6) Money received by a local government in accordance with subsection (4) shall be deposited in a special interest bearing trust account and be expended by the local government only for flood control purposes and for no other purpose.

72( 7) No flood risk area by-law is valid unless the requirement of paragraph 112(1)(b) is complied with and comes into force when filed in the land registration office in accordance with that paragraph or on a date after the filing as the by-law provides.

Permits re flood risk area by-law

73( 1) A flood risk area by-law may provide for a system of permits and the manner of application for the permits, including the fees to be paid, as well as the conditions of their issuance, refusal or cancellation.

73( 2) A permit referred to in subsection (1) may be subject to any terms and conditions that reasonably ensure that the development is carried out in accordance with prescribed engineering standards, designs and techniques.

73( 3) A permit issued under a flood risk area by-law shall not authorize a development prohibited under this Act or any other Act.

73( 4) Despite any other provision of this Act, no appeal shall lie to the Board under subparagraph 120(1)(a)(ii) as a result of the making of a flood risk area by-law.

Division F

Subdivision By-laws

Making of subdivision by-law

74( 1) Subject to this Division, a council may make a subdivision by-law to regulate the subdividing of land in the local government.

74( 2) A by-law under subsection (1) shall be consistent with a local government’s regional plan, rural plan under section 33 or 44 or municipal plan, as the case may be.

74( 3) No subdivision by-law is valid unless the requirement of paragraph 112(1)(b) is complied with and comes into force when filed in the land registration office in accordance with that paragraph or on a date after the filing as the by-law provides.

Content of subdivision by-law

75( 1) For greater certainty and without limiting subsection 74(1), a subdivision by-law may

(a) prescribe forms for tentative plans and fees to be paid by persons seeking approval of tentative and subdivision plans,

(b) prescribe standards for laying out public and future streets, lots, blocks, land for public purposes and other parcels of land in subdivisions,

( i) a street owned by the Crown or the local government, as the case may be, or

( ii) an access, other than to a street referred to in subparagraph (i), approved by the advisory committee or regional service commission as being advisable for the development of land,

(d) require as a condition of approval of a subdivision plan that, if entry is gained to the subdivision by means of an existing street or other access, whoever its owner may be, the person seeking approval of the plan shall

( i) make provision to bring the existing access to the same standard as required for streets within the subdivision; or

( ii) contribute to the cost of work referred to in subparagraph (i) to the extent required for streets within the subdivision under paragraph (i), provided the amount contributed per linear metre for the access does not exceed the cost to the person per linear metre for streets within the subdivision or, if the plan does not provide for the laying out of streets to be publicly owned, the average cost per linear metre for subdivision streets within the local government constructed during the preceding 12 months,

(e) prescribe classes of subdivisions with respect to

( i) facilities required under paragraph (i),

( ii) lot sizes in relation to water and sewerage services, or

( iii) land for public purposes,

(f) require, as a condition of approval of the subdivision plan, with respect to a subdivision or class of subdivision, that land is to be set aside as land for public purposes and so indicated on the subdivision plan

( i) in an amount indicated in the by-law not exceeding ten per cent of the area of the subdivision, exclusive of the land to be vested as public streets on the filing of the plan in the land registration office, and

( ii) at a location approved in accordance with section 88,

(g) provide that in the discretion of the council there is to be paid to the local government, in lieu of setting aside land under paragraph (f), the sums indicated in the by-law, not exceeding eight per cent of the market value of land in the subdivision at the time of submission for approval of the subdivision plan, exclusive of land indicated as streets intended to be publicly owned,

(h) subject to any applicable set-back regulation, if no rural plan under section 33 or 44 or zoning by-law is in effect, regulate by classes of subdivisions the location of buildings and structures on lots established after the adoption of a provision under this paragraph,

(i) require that a person proposing to subdivide land provides within the subdivision, or contribute to the cost of the subdivision to the extent required by the by-law, facilities, including streets, curbing, sidewalks, culverts, drainage ditches, water and sewer lines and others that the by-law for that class of subdivision requires,

(j) provide that the development officer shall not approve a subdivision plan unless, in the opinion of the council,

( i) the council will be able in the near future to provide the proposed subdivision with streets, water and sewer lines, light, recreational areas or other facilities required by the by-law for that class of subdivision, or the person proposing the subdivision has made satisfactory arrangements for providing the facilities, and

( ii) the person proposing the subdivision has made satisfactory arrangements to enter into an agreement with the council that is binding on his or her heirs, successors and assigns to comply with a provision under paragraph (i) and

( A) deposit with the local government a sum sufficient to cover the cost with respect to facilities that the by-law requires him or her to pay, or

( B) deliver to the local government a performance bond acceptable to the council in an amount sufficient to cover the cost referred to in clause (A),

(k) provide that the development officer shall not approve a subdivision plan if, in his or her opinion and in the opinion of the advisory committee or regional service commission,

( i) the land is not suited to the purpose for which it is intended or may not reasonably be expected to be used for that purpose within a reasonable time after the subdivision plan is approved, or

( ii) the proposed manner of subdividing will prejudice the possibility of further subdividing the land or the convenient subdividing of adjoining land,

(l) provide that names of streets in subdivisions are subject to the approval of the advisory committee or regional service commission, or

(m) in respect of a part of the local government set out within limits defined by regulation under the Surveys Act, the design and standard of legal survey monuments to be used in laying out subdivisions.

75( 2) If, in accordance with subparagraph (1)(f), land for public purposes is required to be set aside and so indicated on a subdivision plan, a person proposing to subdivide land may

(a) at a location approved under section 88, set aside a greater amount of land for public purposes than is required by the subdivision by-law, and

(b) if the amount of land for public purposes vested in a local government by a subdivision plan filed in the land registration office exceeds the amount required by the subdivision by-law when the plan was approved, credit the excess amount against any further requirement in respect of any land of which the land comprised in the filed subdivision plan formed a part.

75( 3) If a by-law includes a fee to be paid for the approval of a tentative plan referred to in paragraph (1)(a), the by-law may include different fees for the approval of tentative plans for type 1 subdivisions and type 2 subdivisions.

Land for public purposes

76( 1) Land for public purposes vested in a local government under section 88 or 89 and land acquired under subsection (2) shall be set aside by the council as land for public purposes, but the council may sell the land if

(a) the council receives the consent of the advisory committee or regional service commission for the sale or six weeks have elapsed from the date a request in writing was made for the consent, and

(b) a majority of the members of council vote in favour of the sale.

76( 2) All money received by the council under subsection (1) or under paragraph 75(1)(g) is to be paid into a special account, and the money in that account is to be expended by the council for acquiring or developing land for public purposes and for no other purpose.

Exemptions and variances

77( 1) If a subdivision by-law is in effect, the development officer

(a) is the receiver of tentative and subdivision plan submissions under the by-law,

(b) subject to the terms and conditions as he or she considers fit, may exempt a person from submitting a tentative plan in respect of a subdivision not involving the laying out of streets, the setting aside of land for public purposes or a variance, but shall in that case instruct the person with respect to the manner of subdividing the land,

(c) may exempt a person from a scale or size requirement under subsection 81(1) or from a requirement prescribed by subsection 81(2),

(d) if a subdivision plan seeks to subdivide only a part of a parcel of land, may exempt the subdivision plan from the requirement of showing all the boundaries of the parcel,

(e) if a subdivision plan seeks to alter the boundaries of two or more adjoining parcels of land, may exempt the subdivision plan from the requirement of showing all the boundaries of the parcels,

(f) may grant exemptions in accordance with section 80,

(g) if a tentative plan received by the development officer involves the laying out of public or future streets or the setting aside of land for public purposes or, in his or her opinion, may affect the future location of public streets, shall forward a copy of the plan to the council or the Minister of Transportation and Infrastructure and to the advisory committee or regional service commission, whichever is authorized under this Act to assent to the subdivision plan or make recommendations with respect to it,

(h) if a tentative plan received by the development officer includes, in the opinion of the development officer, a utility or other easement, shall forward a copy of the plan to the following:

( i) every local supplier of electric power in the area to which the subdivision plan would apply,

( ii) every corporation operating as a telephone or telecommunications provider in the area to which the subdivision plan would apply,

( iii) every corporation operating as a natural gas utility in the area to which the subdivision plan would apply,

( iv) every company operating an oil or natural gas pipeline in the area to which the subdivision plan would apply, and

( v) if any of the land is within 300 m of a railway line, the company operating the railway line,

(i) if a tentative plan received by the development officer involves a request for variance, shall forward a copy of the plan and the request to the advisory committee or regional service commission,

(j) within six weeks of receiving an application for approval of a tentative plan that complies with the requirements of section 81, shall

( i) approve it subject to any terms and conditions he or she considers necessary to assure compliance with the by-law, or

( ii) reject it by notice in writing to the person submitting it, stating the features of the plan objected to,

(k) shall approve a subdivision plan that

( i) conforms with this Act and any municipal plan, rural plan, development scheme or a zoning, deferred widening or controlled access street by-law or regulation which affects development under section 108, or

( ii) conforms to the aspects referred to in subparagraph (i), except for a variance permitted by the advisory committee or regional service commission,

(l) shall examine each instrument presented to him or her, and any plan attached to the instrument, that transfers an interest in land in the area affected by the by-law and, on the basis of any information that appears to him or her to be sufficient,

( i) shall, in the manner referred to in subsection (4),

( A) approve it for registration in the land registration office, or

( B) exempt it under section 80,

( ii) shall refuse to approve it under clause (i)(A) if

( A) the approval is prohibited by subsection 79(4), or

( B) it transfers an interest in a parcel of land that, together with other parcels, comprises the minimum lot area required by by-law for a development on one of the parcels and that was so required by by-law, and comprised part of the lot area, at the time the development was undertaken, or

( iii) may refuse to approve it under clause (i)(A), or to exempt it under section 80, if it

( A) fails to refer or refers inaccurately to the municipal, rural community or territorial division within which the land is situated, or

( B) fails to include relevant information mentioned in subsection 79(6) respecting filed subdivision plans, and

(m) with respect to powers vested in him or her by this Act pertaining to the administration of a subdivision bylaw, may

( i) if the development officer is a planning director as defined in the Regional Service Delivery Act or a planning director appointed under this Act, delegate the powers, or

( ii) if the development officer is a planning officer, delegate the powers when authorized in writing by the Minister.

77( 2) A subdivision plan that involves the laying out of public or future streets, the setting aside of land for public purposes, a variance or, in the opinion of the development officer, a utility or other easement, shall not be approved under paragraph (1)(k) unless

(a) in the case of the laying out of streets or the setting aside of land for public purposes, it has been assented to under section 87 or 88,

(b) in the case of a variance, the variance is permitted by the advisory committee or regional service commission in writing, and

( i) the development officer has been advised by the agency concerned that it is satisfied with it, or a time limit of more than two weeks determined by the officer for receiving the advice has expired without objection being received, or

( ii) it is approved by the development officer despite an objection being received under subparagraph (i).

77( 3) A development officer may approve for registration an instrument presented to him or her, and a plan attached to the instrument, that transfers an interest in land not affected by a subdivision by-law.

77( 4) An approval or exemption referred to in subparagraph (1)(l)(i) or an approval referred to in subsection (3) shall be signified by a certificate endorsed on the instrument, dated and signed by the development officer, or by a person to whom the power is delegated in accordance with paragraph (1)(m), and an instrument purporting to be so certified shall be accepted by the registrar without further acknowledgement or proof of the certification.

77( 5) If a development officer purports in good faith to certify an instrument in accordance with this section, the instrument is deemed to be properly certified.

77( 6) With respect to an instrument that transfers an interest in land in a town, village or rural community that is providing its own land use planning service, the Director may exercise the authority of a development officer under paragraph (1)(l), other than the authority contained in clause (1)(l)(i)(B).

Approval of variances

78( 1) An advisory committee or regional service commission may

(a) subject to the terms and conditions it considers fit, permit a reasonable variance from the requirements of a subdivision by-law, if it is of the opinion that the variance is desirable for the development of land and is in keeping with the general intent of the by-law and any plan or scheme under this Act affecting the land,

(b) require that a subdivision plan include any terms and conditions attached to the variance, or

(c) withdraw any or all of the terms and conditions attached to the variance under paragraph (b), by resolution, effective on the filing of an approved amending subdivision plan in the land registration office.

78( 2) A development officer may

(a) subject to the terms and conditions that he or she considers fit, permit a reasonable variance from the requirements of a subdivision by-law referred to in paragraph 75(1)(b) or (h), if the development officer is of the opinion that the variance is desirable for the development of land and is in keeping with the general intent of the by-law and any plan or scheme under this Act affecting the land,

(b) require that a subdivision plan include any terms and conditions attached to the variance, or

(c) withdraw any or all of the terms and conditions attached to the variance under paragraph (b), effective on the filing of an approved amending subdivision plan in the land registration office.

78( 3) If requested to permit a variance under paragraph (1)(a) or (2)(a), the advisory committee, regional service commission or development officer may give notice to owners of land in the neighborhood of the proposed subdivision in respect of which the variance is requested

(a) describing the land comprised in the proposed subdivision,

(b) describing the variance requested, and

(c) giving the right to make representation to the advisory committee, regional service commission or development officer, as the case may be, with respect to the request within the time limit set out in the notice.

78( 4) If an advisory committee or a regional service commission has made a determination with respect to a request for a variance under subsection (1), a request with respect to the same variance shall not be made to a development officer.

78( 5) If a development officer has made a determination with respect to a request for a variance under subsection (2), a request with respect to the same variance shall not be made to an advisory committee or a regional service commission.

Subdivision plan

79( 1) The following definition applies in this section:

“filed subdivision plan” means a plan of subdivision (plan de lotissement déposé)

(a) approved by a development officer under this Act and filed in the land registration office, or

(b) filed in the land registration office if there was no subdivision by-law or regulation under this Act applicable to the land referred to in the plan.

79( 2) If a filed subdivision plan indicates that a parcel of land was created for the purpose of being added to an adjoining parcel,

(a) the adjoining parcels constitute one parcel for purposes of subdivision, if the conveyance to effect that end has taken place, and

(b) the parcel created is not to be developed as a separate parcel if the conveyance to effect that purpose has not taken place, but it may be added to another adjoining parcel within the subdivision for purposes of a development.

79( 3) Subject to this section, no person shall subdivide land affected by a subdivision by-law or regulation under this Act by any means other than a filed subdivision plan, except to the extent that the subdivision is exempted under section 80.

79( 4) If a person subdivides land referred to in subsection (3) in violation of the provisions of that subsection, an instrument in respect of the land shall not be approved under clause 77(1)(l)(i)(A) until the violation has been rectified.

79( 5) This section does not apply to

(a) the subdividing of a building or structure, or

(b) the transfer, without further subdividing, of an interest in

( i) a remnant of a parcel of land out of which the land included in a filed subdivision plan formed a part,

( ii) a remnant of a parcel of land described in an instrument exempted under section 80 and filed in the land registration office, or

( iii) a parcel of land that is the subject matter of a separate deed or a separate description in a deed of two or more parcels, if the deed was registered in the land registration office before a subdivision by-law or regulation affecting the land was made under this Act.

79( 6) Every instrument transferring an interest in a parcel of land appearing on and created by a filed subdivision plan, or in a remnant described in subsection (5), shall

(a) refer to the plan by its name and registration data, or to the exempted instrument by its registration data,

(b) in the case of the parcel,

( i) identify it by its identifying numbers or letters on the plan, and

( ii) except or reserve an easement shown on the plan that affects the parcel, and

(c) in the case of a remnant, state that the land is a remnant of the land of which the subdivision or the land described in the exempted instrument formed a part.

79( 7) Failure to comply with subsection (6) does not invalidate the instrument.

Exemptions for certain parcels or conveyances

80( 1) Subject to paragraph 77(1)(l), a development officer may exempt from a subdivision by-law or the provisions of this Act respecting subdivisions the following:

(a) a subdivision in which each parcel of land is not fewer than two hectares in area and in which a parcel that fronts on a publicly owned street has a rectangular width of at least 150 m at the minimum set-back established by a by-law or regulation under this Act affecting the land;

(b) the conveyance of a part of a parcel of land that is distinct from other parts of that parcel by reason of separate possession, occupation or use and was so distinct immediately before a subdivision by-law or regulation affecting the land was made under this Act;

(c) the conveyance of a part of a parcel of land that is distinct from the other parts of that parcel because a publicly owned street, a railway, a lake or a river separates it from the other parts;

(d) a transaction that has the effect of granting the use of or an interest in land directly or by right of renewal for a period not exceeding ten years in total;

(e) the conveyance of an easement or right-of-way;

(f) a sale in accordance with a power in a mortgage made before a subdivision by-law or regulation affecting the land was made under this Act;

(g) a conveyance in respect of a part of a parcel of land being acquired by the Crown for the purpose of a highway right-of-way, whether or not the part is intended to be used in its entirety for that purpose; and

(h) any other thing in the circumstances prescribed by regulation.

80( 2) A development officer may refuse to grant an exemption under subsection (1) if, in his or her opinion and in the opinion of the advisory committee or regional service commission, the proposed exemption

(a) is undesirable for the development of the land or the neighboring land, or

(b) is not in keeping with the general intent of this Act or a by-law under this Act.

Tentative subdivision plan

81( 1) Subject to an exemption under paragraph 77(1)(b), a person seeking approval of a subdivision plan shall submit to the development officer a written application for approval of a tentative subdivision plan and as many copies of the tentative plan as the officer requires, drawn to the scale and size required for a subdivision plan.

81( 2) Subject to an exemption under paragraph 77(1)(c), a tentative plan shall be marked “Tentative Plan” and show the following, if applicable:

(a) the proposed name of the proposed subdivision;

(b) the boundaries of that part of the plan to be approved, marked by a black line of greater weight than all other lines on the diagram of the plan;

(c) the locations, widths and names of existing streets on which the proposed subdivision abuts and the locations, widths and proposed names of the proposed streets in the subdivision;

(d) the approximate dimensions and layouts of the proposed lots, blocks, land for public purposes and other parcels of land and the purposes for which they are to be used;

(e) the nature, location and dimensions of any existing restrictive covenant, easement or right-of-way affecting the land proposed to be subdivided and of an easement intended to be granted within the proposed subdivision;

(f) any natural and artificial features, including buildings, railways, highways, watercourses, drainage ditches, swamps and wooded areas within or adjacent to the land proposed to be subdivided;

(g) the availability and nature of domestic water supplies;

(h) the nature and porosity of the soil;

(i) any contours or elevations necessary to determine the grade of the streets and the drainage of the land;

(j) the services that are or will be provided by the local government to the land proposed to be subdivided;

(k) if necessary to locate the proposed subdivision in relation to existing streets and prominent natural features, a small key plan acceptable to the development officer showing the location;

(l) any plans for landscaping and tree planting;

(m) the proposed location of every building; and

(n) any further information required by the development officer to assure compliance with the subdivision by-law.

81( 3) Before approving a tentative plan or granting an exemption from submitting a tentative plan, a development officer shall conduct a review to ensure that the plan or exemption, as the case may be, conforms with all current standards and approval requirements.

81( 4) The approval of a tentative plan shall not be shown on the plan.

81( 5) A tentative plan shall not be accepted for filing in the land registration office.

Expiry of tentative subdivision plan

82 The approval of a tentative plan or an exemption from submitting a tentative plan is null and void at the expiration of one year from the day the approval or exemption was given and shall not be renewed except as regards a portion of the land in respect of which a subdivision plan corresponding to the tentative subdivision plan or the instructions of the development officer under paragraph 77(1)(b) has been approved by the officer.

Lay-out of streets and lots

83( 1) A person whose tentative plan is approved by a development officer, or who is exempted by a development officer under paragraph 77(1)(b) from the requirement to submit a tentative plan, may proceed in one or more stages to lay out the streets, lots, blocks, land for public purposes and other parcels of land in accordance with the tentative plan or the instructions of the development officer and prepare a subdivision plan in accordance with section 84.

83( 2) A person acting under this section shall use legal survey monuments of a design and standard in accordance with the by-laws under the New Brunswick Land Surveyors Act, 1986.

Application for approval of subdivision plan

84( 1) A person referred to in subsection 83(1) may submit to the development officer a written application for approval of a subdivision plan for all or a part of the land included in the tentative plan, or in relation to which the exemption referred to in that subsection was granted, and accompanied by copies of the subdivision plan in the number and form determined by the development officer.

84( 2) A subdivision plan referred to in subsection (1) shall be drawn

(a) to a scale having a ratio of one to 1,000, except if, in the opinion of the development officer, a ratio of one to 500, one to 2,000 or one to 5,000 is more practical,

(b) on one of the following sizes of material:

( i) 21.5 cm × 35.5 cm,

( ii) 35.5 cm × 43 cm, or

( iii) 50 to 75 cm × 50 cm to 100 cm, and

(c) in a manner that the space left on the face of the plan for the approval of the development officer, an assent of the Minister of Transportation and Infrastructure or a council and the particulars of filing in the land registration office is acceptable to the development officer with respect to adequacy and location.

84( 3) A subdivision plan shall set out the following:

(a) in the title block,

( i) the name of the subdivision,

( ii) if required by the development officer, the name of a street to which the subdivision has access,

( iii) the local government or parish, and the county and province in which the land is located, and

( iv) the scale and date of the survey;

(b) the name of the owner of the land and the details of registration of the deed or deeds of the land;

(c) the north point of the plan, indicated by an arrow oriented other than toward the lower edge of the plan or extension of the plan;

(d) the distances from, and the relation to, existing survey monuments and markers;

(e) the boundaries of that part of the plan to be approved marked by a black line of greater weight than all other lines on the diagram of the plan;

(f) the area of land to be vested in the local government as streets, indicated by the names of the streets and, in smaller print immediately below each name, the word “public” and, if a portion only of the street shown on the plan is to be so indicated, the portion is to be denoted by a line drawn across and at right angles to the street at each terminus thereof identified by an arrow;

(g) the area of land to be vested in the local government as future streets, indicated by the words “future street”;

(h) the area of land to be conveyed as land for public purposes, indicated by the words “land for public purposes”;

(i) the area of land with respect to which easements are to be granted, indicated by words describing the purpose of the easement;

(j) subject to subsection (4), the boundaries of streets and other parcels of land by means of solid black lines;

(k) the location, dimensions and names of streets abutting the subdivision;

(l) the nature, location and dimensions of an existing restrictive covenant, easement or right-of-way;

(m) any numbers and letters necessary to accurately identify each lot or other parcel of land and, if available, the civic number of the lot or parcel;

(n) the location and description of legal survey monuments;

(o) any applicable proposed street boundary or building line established by a deferred widening by-law;

(p) a building line or set-back affecting the subdivision under paragraph 75(1)(h) or an agreement referred to in section 131; and

(q) except in the case of a subdivision plan of land in a local government that indicates, to the satisfaction of the development officer, the location of the subdivision on the diagram of the plan, the location of the proposed subdivision in relation to existing streets or prominent natural features on a small key plan drawn to a scale having a ratio of not less than one to 20,000.

84( 4) With respect to the boundaries of streets and other parcels of land set out on a subdivision plan, the plan shall show azimuths and distances and the radii, central angles and arcs of the boundaries for circular curves.

84( 5) A subdivision plan shall be

(a) prepared especially for the subdivision,

(b) marked “Subdivision Plan”,

(d) certified as correct and sealed by a New Brunswick Land Surveyor, and

(e) accompanied by

( i) the proof of title the development officer considers advisable, and

( ii) if the plan is signed by an agent under paragraph (c), a copy of a written authorization of the owner.

84( 6) If any information required by subsection (5) is shown on the plan filed in the land registration office, the subdivision plan or a plan referred to in paragraph 90(1)(a) may indicate, in lieu of setting out the information, that the information appears on the plan that is filed, referring to the plan by its name, date and registration data.

84( 7) Subject to any other Act or to a delegation under paragraph 75(1)(l), the naming of streets in subdivisions is subject to the approval of the council in consultation with the advisory committee or regional service commission.

Approval of subdivision plan

85( 1) The approval of a subdivision plan by the development officer shall be signified on the face of the plan by a stamp or certificate of approval, dated and signed by the officer.

85( 2) A subdivision plan approved under subsection (1) shall be received and filed by the registrar without acknowledgment or proof of the signature.

85( 3) An approval signified on a subdivision plan in accordance with subsection (1) is deemed to approve only that part of the plan of which the boundaries are marked as described in paragraph 84(3)(e).

85( 4) Except if an assent referred to in section 87 or 88 is required to be given, a subdivision plan approved by a development officer is valid when filed in the land registration office in accordance with this Act.

85( 5) On the approval of a subdivision plan, the development officer shall return the copies of the plan to the person who submitted them.

Filing of subdivision plan

86( 1) Unless it bears the approval of the development officer, no subdivision plan in respect of which a subdivision by-law or regulation is in effect may be filed in the land registration office.

86( 2) An approval of a subdivision plan by a development officer is only valid for a one-year period, unless the subdivision plan is filed in the land registration office before the expiration of the one-year period.

86( 3) With respect to a subdivision, a person presenting a subdivision plan for filing in the land registration office shall deposit copies of the plan with the registrar, in the number and form determined by the registrar, and bearing the approval of the development officer.

86( 4) When a subdivision plan referred to in subsection (3) is filed in the land registration office, the registrar shall endorse the registration data on the face of each copy of the plan presented and

(a) retain a copy of the subdivision plan in the land registration office,

(b) provide, in the manner the registrar considers appropriate, one or more copies to the following:

( i) the development officer who approved the plan;

( ii) the Director of Assessment for the Province or a person designated by him or her;

( iii) if the Minister of Transportation and Infrastructure or a council has assented to the plan, that Minister or the council, as the case may be; and

( iv) the person who presented the plan for filing.

86( 5) The development officer shall stamp each copy of a subdivision plan received under subsection (4) “For Official Use Only” and may use it for making copies for the advisory committee, regional service commission, council or their employees or agents, or for his or her own purposes, but shall not use it for making copies for any other person.

Subdivision plan for roads and streets

87( 1) If a subdivision plan of land in a rural community that has not made a by-law under section 10 of the Local Governance Act with respect to the service of roads and streets provides for the laying out of public or future streets or a subdivision plan of land not in a municipality provides for the laying out of public or future streets, approval of the plan by the development officer shall not be given until the plan has been assented to by the Minister of Transportation and Infrastructure.

87( 2) The assent of the Minister of Transportation and Infrastructure under this section shall not be given until,

(a) the regional service commission has recommended the location of the streets referred to in subsection (1) to the Minister of Transportation and Infrastructure,

(b) if the installation of a water or sanitary sewer system, or both, is proposed to provide a water or sanitary sewer service to lots in the subdivision, an agreement, as required by the Minister of Environment and Local Government, has been entered into with respect to the installation or operation of the system and

( i) the system has been installed under the supervision of a person designated by the Minister, in accordance with the plan for the system as approved by all authorities required by an Act or regulation to approve the plan, or

( ii) a bond, money or a certified cheque, in a form and amount satisfactory to the Minister, has been deposited with the Minister or at his or her direction to guarantee the installation of the system in accordance with the plan mentioned in subparagraph (i) or the installation or operation of the system in accordance with an agreement with respect to the plan,

( i) the streets have been constructed under the supervision of a person designated by the Minister of Transportation and Infrastructure in accordance with standards approved by that Minister, or

( ii) a bond satisfactory to the Minister of Transportation and Infrastructure has been deposited to guarantee the construction of the streets in accordance with standards approved by that Minister, and

(d) if the requirements of paragraph (b) have been satisfied, the Minister of Environment and Local Government or a person designated by him or her for that purpose so certifies on the face of the plan.

87( 3) The assent of the Minister of Transportation and Infrastructure under this section shall be signed by that Minister or a person designated by him or her for that purpose and the assent shall be endorsed on the face of the subdivision plan.

87( 4) The filing of a separate document in the land registration office purporting to be an assent under this section shall be noted on the relevant subdivision plan by the registrar and, on filing, the land indicated on the subdivision plan as streets vests in the Crown in the manner set out in subsection (5).

87( 5) Subject to subsection (8), if a subdivision plan has been assented to by the Minister of Transportation and Infrastructure and approved by the development officer, the land indicated on the plan as streets vests, on the filing of the plan in the land registration office, in the Crown in the following manner:

(a) land indicated on the plan as a public street vests, free from any lien or encumbrance, as a highway under the Highway Act, and

(b) land indicated on the plan as a future street vests, free from any lien or encumbrance, as property acquired for highway purposes under the Highway Act.

87( 6) If a subdivision plan has been assented to by the Minister of Transportation and Infrastructure and approved by the development officer, the easements designated on the plan in accordance with the regulations vest the rights prescribed by regulation, on the filing of the plan in the land registration office,

(a) in the Crown, or

(b) in the public utility indicated on the face of the plan.

87( 7) For the purposes of paragraphs (6)(b) and 88(7)(b), “public utility” means a person owning, operating, managing or controlling an undertaking for the supply of electricity, gas or telephone service.

87( 8) If the requirements of subparagraph (2)(b)(i) have been satisfied in respect of a water or sanitary sewer system, or both, and certified under paragraph (2)(d),

(a) the Minister shall file in the land registration office a document signed by the Minister stating that he or she accepts on behalf of the Crown the system as certified, and

(b) on the filing of the document in the land registration office, the system as certified, together with the land on or within which the system was installed, as shown on the plan referred to in the document, vests in the Crown as represented by the Minister, free from any lien or encumbrance, whenever created, but this paragraph shall be deemed not to affect the administration and control of land that is vested in the Crown under subsection (5) as a highway or for highway purposes.

87( 9) A document referred to in subsection (8) shall be received and filed by the registrar without acknowledgement or proof of the signature of the Minister and, on filing in the land registration office, the registrar shall endorse on the plan referred to in the document that the document was filed.

Approval of subdivision plan for streets

88( 1) If a subdivision plan of land in a municipality provides for the laying out of public or future streets or the setting aside of land for public purposes, approval of the plan by the development officer shall not be given until the plan has been assented to by the council.

88( 2) If a subdivision plan in a rural community that has made a by-law under section 10 of the Local Governance Act with respect to the service of roads and streets provides for the laying out of public or future streets, approval of the plan by the development officer shall not be given until the plan has been assented to by the rural community council.

88( 3) If a subdivision plan in a rural community provides for the setting aside of land for public purposes, approval of the plan by the development officer shall not be given until the plan has been assented to by the rural community council.

88( 4) An assent under this section shall not be given until

(a) subject to subsection (8), the advisory committee or regional service commission has recommended the location of the streets referred to in subsection (1) or (2) or the land for public purposes referred to in subsection (1) or (3), or both, as the case may be, or the recommendation has been rejected by a majority of the members of council, and

(b) paragraph 75(1)(i) has been complied with.

88( 5) The assent shall be certified under the corporate seal of the local government, signed by the clerk and endorsed on the face of the subdivision plan.

88( 6) If a subdivision plan has been assented to under this section and approved by the development officer, the land indicated on the plan as being streets or land for public purposes vests, on the filing of the plan in the land registration office, in the local government in the following manner:

(a) land indicated on the plan as a public street vests, free from any lien or encumbrances, as a local government street,

(b) land indicated on the plan as a future street vests, free from any lien or encumbrances, as property acquired for purposes of a future street, and

(c) land indicated on the plan as land for public purposes vests, free from any lien or encumbrances, as land for public purposes.

88( 7) If a subdivision plan has been assented to under this section and approved by the development officer, the easements designated on the plan in accordance with the regulations vest the rights prescribed by regulation, free from any lien or encumbrance, on the filing of the plan in the land registration office,

(a) in the local government, or

(b) in the public utility indicated on the face of the plan.

88( 8) In making a recommendation in respect of streets under paragraph (4)(a), an advisory committee or regional service commission shall give consideration to

(a) the topography of the land proposed for subdivision,

(b) the creation of lots suitable for the intended use thereof,

(d) the provision of

( i) convenient access to the proposed subdivision and to lots within it, and

( ii) convenient further subdividing of the land proposed for subdivision or the subdividing of adjoining land.

Amendments to subdivision plan

89( 1) A subdivision plan filed in the land registration office may be amended by a new subdivision plan, marked “Amending Subdivision Plan” and bearing the same name as the plan being amended, that indicates the manner in which the land affected by the amendment is proposed to be subdivided, and the new plan shall be dealt with in respect to approvals under this Act and filing in the land registration office in the same manner as other subdivision plans, except that an amending plan shall set out the date and registration data of the plan being amended.

89( 2) If an amending subdivision plan is filed in the land registration office, the registrar shall endorse on the plan amended the fact of the amendment, the date and registration data of the amending plan and the name of the surveyor who certified the amending plan.

89( 3) On the filing of an amending subdivision plan in the land registration office,

(a) if the plan has been assented to under section 87 and approved by the development officer, land indicated on the plan as being streets vests, free from any lien or encumbrance, in the Crown in the manner described in subsection 87(5),

(b) if the plan has been assented to under section 88 and approved by the development officer, land indicated on the plan as being streets or land for public purposes vests, free from any lien or encumbrance, in the local government in the manner described in subsection 88(6), and

(c) if the plan has been approved and signed by the Minister under subparagraph 125(11)(a)(ii) and approved by the development officer, land indicated on the plan as being land for a public purpose vests, free from any lien or encumbrance, in the Crown for that purpose.

89( 4) If land indicated on a subdivision plan as being streets or land for a public purpose has vested in the Crown or a local government, but under an amending subdivision plan the land is to be used for other purposes,

(a) the new use of the land shall be indicated on the amending subdivision plan,

(b) if a street or part of a street is transferred, a copy of a certificate under section 33 the Highway Act to the effect that the street or part of the street is discontinued is provided to the development officer, and

(c) a document transferring ownership of the land supporting the new use of the land and, if applicable, the certificate referred to in paragraph (b) shall be provided to the registrar.

89( 5) Land referred to in subsection (4) shall vest, free from any lien or encumbrance, in the new owner of the land on filing.

Subdivision plan by local government

90( 1) If a purchase or other acquisition of land by a local government that has a subdivision by-law in force would subdivide land, the council may, in lieu of complying with a provision of this Act,

(a) prepare a plan setting out, with the necessary modifications, relevant matters mentioned in subsection 84(3), and certified as to its correctness and sealed by a New Brunswick Land Surveyor,

(b) provide a copy of the plan to the development officer,

( i) ten days have elapsed since the date the plan was submitted to the development officer if no recommendation concerning the plan is made to the council by the development officer,

( ii) the plan has been altered in accordance with recommendations referred to in subparagraph (i), or

( iii) the council has, by resolution passed by a majority of the members of council, rejected the recommendations referred to in subparagraph (i), and

(d) send to the development officer a copy of the plan endorsed by the registrar.

90( 2) If a plan referred to in subsection (1) has the effect of altering a subdivision plan filed in the land registration office,

(a) the council shall on the plan refer to any altered subdivision plan of which it has knowledge, and

(b) when it is filed in the land registration office, the registrar shall on each altered subdivision plan endorse the fact of the alteration, the name, date and registration data of the altering plan and the name of the surveyor who certified it.

Division G

Development Charge By-laws

Making of development charge by-law

91( 1) For the purposes referred to in subsection (2), a council may make a by-law that

(a) provides for the imposition and payment of a development charge in respect of land that is to be developed or subdivided, and

(b) authorizes an agreement to be entered into in respect of the payment of a charge.

91( 2) A development charge may be used only to pay for all or part of the on or off-site capital cost of

(a) new or expanded facilities for the supply and distribution of water,

(b) new or expanded facilities for the collection, treatment and disposal of sewage,

(d) new or expanded roads, sidewalks and trails required for or impacted by a subdivision or development;

(e) new or expanded streets,

(f) new traffic signs and signals and new or expanded transit facilities,

(g) land required for or in connection with facilities described in paragraphs (a) to (f), or

(h) for any other purpose referred to in the regulations.

91( 3) In respect of land that is the subject of a development or subdivision, a development charge imposed under this section may be collected once for a purpose described in subsection (2) if

(a) the purpose of the charge is authorized in the development charge bylaw, and

(b) the collection of the charge for the purpose authorized in the bylaw is specified in the development charge agreement referred to in subsection (1).

91( 4) All money received by the council under this section is to be paid into a special account, and the money in that account is to be expended by the council for the specific purpose described in paragraphs (2)(a) to (g) for which it is collected and for no other purpose.

Development charge agreement

92( 1) An applicant and a local government may enter into a development charge agreement that

(a) provides for the payment of development charges in instalments,

(b) permits the applicant to provide certain services or extended services in lieu of the payment of all or part of the charges,

(d) provides for any other matter necessary or desirable to effect the agreement.

92( 2) A development charge by-law may prescribe the circumstances in which a development charge agreement is entered into and the general terms that it contains.

Comply with notice provisions

93( 1) No development charge by-law is valid unless

(a) the procedure set out in section 111 is complied with, and

(b) the requirement of paragraph 112(1)(b) is complied with.

93( 2) A development charge by-law comes into force when filed in the land registration office in accordance with paragraph 112(1)(b) or on a date after the filing as the by-law provides.

Effect of development charge agreement

94 A development charge agreement is binding

(a) on the land that is subdivided or developed, and

(b) on each individual lot in a subdivision or development, to the extent specified in the agreement.

Division H

Incentive or Bonus Zoning Agreement By-laws

Definition of “incentive or bonus zoning agreement”

95 The following definition applies to this Division.

“incentive or bonus zoning agreement” means an agreement that permits the relaxation of specific requirements with respect to zoning if an applicant exceeds other requirements or undertakes other action, in the public interest, as specified in the agreement. (entente de zonage incitatif)

Incentive or bonus zoning agreements

96( 1) If a municipal plan or rural plan under section 33 or 44 is in effect, a council may by by-law provide for an incentive or bonus zoning agreement respecting specific zones to be specified in the by-law.

96( 2) An incentive or bonus zoning agreement by-law shall

(a) identify the developments that may be subject to an incentive or bonus zoning agreement,

(b) identify the area or areas where the developments may be located,

(d) set out the method to be used to determine the contribution for incentive or bonus zoning.

96( 3) An incentive or bonus zoning agreement may

(a) include plans or maps,

(b) provide for the discharge of any terms and conditions under the incentive or bonus zoning agreement, with or without the concurrence of the property owner,

(c) provide that, on completion of the development or phases of the development, the incentive or bonus zoning agreement, or portions of it, may be discharged by the council,

(d) provide that, if the development does not commence or is not completed within the time specified in the incentive or bonus zoning agreement, the incentive or bonus zoning agreement or portions of it may be discharged by the council without the concurrence of the property owner,

(e) include any terms and conditions respecting incentive or bonus zoning and the external appearance of structures.

96( 4) For greater certainty, the making of an incentive or bonus zoning agreement by-law by a council does not require the council to enter into an incentive or bonus zoning agreement.

96( 5) An incentive or bonus zoning agreement by-law may provide that the council accept money in lieu of a contribution under this section.

96( 6) All money accepted by the council under this section in lieu of a contribution is to be paid into a special account, and the money in that account is to be expended for the purposes for which the money was accepted and for no other purpose.

Comply with notice provisions

97( 1) No incentive or bonus zoning agreement by-law is valid unless

(a) the procedure set out in section 111 is complied with, and

(b) the requirement of paragraph 112(1)(b) is complied with.

97( 2) An incentive or bonus zoning agreement by-law comes into force when filed in the land registration office in accordance with paragraph 112(1)(b) or on a date after the filing as the by-law provides.

Prohibition on breach of agreement

98 No person shall breach the terms of an incentive or bonus zoning agreement.

Division I

Local Government Agreement By-laws

Local government agreements

99( 1) A council may make a by-law adopting a local government agreement entered into with one or more local governments that provides for the following:

(a) joint land use planning and development matters;

(b) mechanisms for resolving disputes between the local governments;

(d) the proportion of any funds that each affiliated local government is required to contribute to meet the expenses of constructing and operating the services, infrastructure or facilities that are covered by the agreement;

(e) a process and procedure for amending and terminating the agreement; and

(f) any other matters related to economic, physical, social or cultural development that the councils consider necessary.

99( 2) If a local government agreement contains provisions that limit or control the development of land, the councils that are parties to the agreement shall amend their regional plan, municipal plan, rural plan or zoning by-law, as the case may be, to reflect those provisions.

99( 3) Within 30 days after a local government agreement is entered into, each local government that is party to the agreement shall file with the Minister a certified copy of the local government agreement and the by-law adopting it.

99( 4) Within 30 days after a local government agreement is amended or terminated, each local government that is party to the agreement shall file with the Minister a certified copy of the bylaw amending or terminating the agreement.

Comply with notice provisions

100( 1) No local government agreement by-law is valid unless

(a) the procedure set out in section 111 is complied with, and

(b) the requirement of paragraph 112(1)(b) is complied with.

100( 2) A local government agreement by-law comes into force when filed in the land registration office in accordance with paragraph 112(1)(b) or on a date after the filing as the by-law adopting the local government agreement provides.

Division J

Development Scheme By-laws

Development scheme

101 If a municipal plan or rural plan under section 33 or 44 is in effect, a council may make a by-law adopting a development scheme to carry out or amplify

(a) a proposal suggested or outlined in the plan, or

(b) a project that is not inconsistent with the plan.

Preparation and content of development scheme

102( 1) For greater certainty and without limiting section 101, a development scheme

(a) shall

( i) consist of written statements, maps, drawings and other descriptive matter, all under seal, signed by the clerk and indicating that they are a part of the scheme, as may be necessary to illustrate the scheme,

( ii) delineate the land affected by the scheme,

( iii) set out details of the development or redevelopment to be carried out in the scheme area,

( iv) describe the manner in which the scheme is intended to be implemented,

( v) indicate the amount of any land to be reserved in the scheme area, or if feasible the particular land to be reserved, and the manner in which the reservation is to be effected, and

( vi) prescribe the manner in which land in the scheme area is to be subdivided; and

(b) may, in relation to the scheme area,

( i) prescribe

( A) the manner in which existing buildings and structures may be altered or repaired where the developments would not otherwise be permitted by the scheme, and

( B) developments for which no building permit is required,

( ii) provide for the acquisition, assembly, consolidation, sale or lease by the local government of the land, buildings or structures necessary to carry out the scheme,

( iii) indicate land to be acquired as the site or location of streets, public buildings, schools, parks or recreation areas or other public services such as light, water or sewerage,

( iv) provide for agreements with the owners of land referred to in subparagraph (iii) in order to permit the acquisition of the land for those purposes,

( v) allocate areas of land available for residential, commercial, industrial, agricultural or other purpose at any particular time, and

( vi) specify the order and timing for subdivision or development of a particular part of the area.

102( 2) A development scheme shall make provision for any general matters the Minister may require.

102( 3) The provisions of sections 25 and 27 with respect to a municipal plan apply with the necessary modifications to a development scheme.

102( 4) Despite a development scheme by-law, a council may authorize the constructing, altering or repairing of any land, building or structure if

(a) in its opinion, the land, building or structure will conform to the scheme, or

(b) the owner of the land, building or structure enters into an agreement with the council containing the terms and conditions that the council considers fit.

102( 5) On registration in the land registration office, an agreement under this section is binding on a subsequent owner of the land in respect of which the agreement is made, until discharged by the local government.

102( 6) An expense incurred by a council in acquiring land or taking any other action for the purposes of a development scheme is considered part of the cost of the scheme and the proceeds of a sale or other disposition of land acquired for the purposes is applied against the cost of the scheme.

Comply with notice provisions

103( 1) No development scheme by-law is valid unless

(a) the procedure set out in section 111 is complied with; and

(b) the requirement of paragraph 112(1)(b) is complied with.

103( 2) A development scheme by-law comes into force when filed in the land registration office in accordance with paragraph 112(1)(b) or on a date after the filing as the by-law adopting the development scheme provides.

Conflict

104 If there is a conflict between a development scheme and a zoning by-law, subdivision by-law or zoning provisions in a rural plan under section 33 or 44, the development scheme shall prevail.

Division K

Acquisition of Land

Acquisition of land by local government

105( 1) Subject to this section, a local government may acquire by gift, purchase, expropriation or otherwise any land or interest in land required for the purpose of carrying out a proposal contained in a municipal plan, rural plan under section 33 or 44 or development scheme in effect in the local government.

105( 2) Land that may be acquired under subsection (1) or under subsection 66(1) includes

(a) the remnants of parcels, portions of which are essential to a purpose referred to in those subsections,

(b) any land that may be injuriously affected by carrying out a proposal referred to in those subsections,

(c) any land that, if allowed to be built on without restriction, might become the site of buildings or structures that would prejudicially affect the full enjoyment of a building forming part of the proposed development or the architectural effect of the building, and

(d) any land that the council considers could be conveniently subdivided or re-arranged and developed as part of the proposal.

105( 3) An expropriation under subsection (1) shall be undertaken in accordance with section 184 of the Local Governance Act.

Acquisition of land by Minister

106( 1) Subject to this section, the Minister may acquire by gift, purchase, expropriation or otherwise any land or interest in land required for the purpose of carrying out a proposal contained in a regional plan or rural plan under section 33, 34 or under a regulation under section 51 or in a regulation made in accordance with paragraph 125(1)(k).

106( 2) Subsection 105(2) respecting land acquired by a local government applies with the necessary modifications to land acquired under this section.

106( 3) An expropriation under this section shall be undertaken in accordance with the Expropriation Act.

Compensation

107( 1) Subject to subsection (2), if a regional plan, rural plan, municipal plan or development scheme indicates that certain land may be required by the Minister or a local government for a purpose described in it, compensation for the land on expropriation shall not include an amount in respect of an unauthorized development on the land after the date of the notice of intention to make, or to recommend the making of, the plan or scheme.

107( 2) On application by a person affected by subsection (1), a judge of The Court of Queen’s Bench of New Brunswick may order that compensation be paid in respect of a development referred to in the application, if the judge is satisfied that the development was undertaken in good faith without knowledge of a restriction imposed on the development by this Act or a plan or scheme under this Act.

Division L

Prohibition re Development

Construction freeze

108( 1) Except as otherwise provided in this section, no person shall undertake a development and no building permit or development and building permit shall be issued for the development unless the development officer having jurisdiction approves the development as conforming with, if it applies to the land on which the development is located,

(a) a municipal plan, rural plan or development scheme

( i) in effect,

( ii) in respect of which the adopting by-law has been the subject of a resolution under paragraph 111(1)(a), or

( iii) in respect of which the Minister has published a notice under paragraph 111(1)(b);

(b) subject to paragraph (a), a zoning or deferred widening or controlled access street by-law or regulation

( i) in effect,

( ii) in respect of which the council has passed a resolution under section 114, or

( iii) in respect to which the Minister has published a notice under paragraph 111(1)(b);

( i) in effect, or

( ii) in respect of which the Minister has published a notice under paragraph 111(1)(b);

(d) any other matters prescribed by regulation.

108( 2) The provisions of subparagraphs (1)(a)(ii), (iii) and (1)(b)(ii) cease to apply

(a) in the case of a resolution under paragraph 111(1)(a), when the by-law becomes valid or when it fails to become valid because of the operation of subsection 111(6) or because the council does not meet the requirement of paragraph 112(1)(b) within a reasonable time,

(b) in the case of a resolution under section 114, as provided in subsection (1) of that section, and

108( 3) A permit under this Act, the approval of a regional development or a poster or placard in lieu of the permit or approval shall be posted in a prominent place on the property in respect of which the approval is given or the permit issued by the person who obtained the approval or is named in the permit.

108( 4) This section does not apply to types of development exempted under paragraph 53(2)(n) or by a regulation under this Act.

108( 5) If a development officer has reason to believe that land has been subdivided in violation of subsection 79(3), the development officer shall not approve a development in relation to the land unless he or she is satisfied that the person applying for the approval is

(a) the registered owner of an interest in the land to which the development relates, or

(b) the duly authorized agent of the owner referred to in paragraph (a).

108( 6) With respect to powers vested a development officer by this section, a development officer may

(a) if the development officer is a planning director as defined in the Regional Service Delivery Act or a planning director appointed under this Act, delegate the powers, or

(b) if the development officer is a planning officer, delegate the powers if authorized in writing by the Minister.

PART 5

MAKING, AMENDMENT, REPEAL
AND REVIEW OF BY-LAWS

Procedure for making by-laws

109( 1) Subject to this section, the provisions of section 15 of the Local Governance Act apply to the making of a by-law under this Act.

109( 2) If a proposed by-law would adopt a municipal plan, rural plan under section 33 or 44 or a development scheme, it shall be sufficient compliance with subsection (1) if, instead of the by-law being read in its entirety, only those parts of the document that comprise the proposed plan or scheme may be read in their entirety.

109( 3) If a provision of this Act imposes a requirement that a majority of the members of the council must vote in favour of a by-law in order to make the by-law, it shall be sufficient compliance with the provision if a majority of the members of the council vote in favour of the by-law on third reading by title.

109( 4) Despite any by-law, unless otherwise ineligible, the mayor or a presiding officer of the council may vote once on a motion if a majority vote of the members of council is required.

Request for views of advisory committee

110( 1) Before making a by-law under this Act, a council shall request in writing the written views of the advisory committee or regional service commission on

(a) a proposed by-law in respect of which the views have not been given previously, and

(b) a change made in a proposed by-law after the advisory committee or regional service commission has given its views.

110( 2) A by-law made under this Act by a council is not valid unless

(a) the views mentioned in subsection (1) have been requested, and

(b) if the by-law fails to give effect to the written views of the advisory committee or regional service commission, a majority of the members of council vote in favour of making the by-law.

110( 3) The advisory committee or regional service commission shall be deemed to have approved a proposed by-law if it fails to give the views requested on the by-law under subsection (1) within 30 days of the request, or within a longer period as the council may decide.

Public notice of by-law

111( 1) Subject to subsection (2), with respect to a by-law made under this Act, a council shall

(a) by resolution, fix a time and place for the consideration of objections to the proposed by-law, and

(b) subject to subsection (7), by giving notice by one or more of the following means:

( i) publishing the notice on two separate occasions in a newspaper published or having general circulation in the local government in the form described in subsection (4) of its intention of considering the making of the by-law, the first of the notices to be published not less than 21 days and not more than 30 days before the day fixed under paragraph (a), and the second of the notices to be published not less than four days and not more than 11 days before that day, or

( ii) posting the notice on the local government’s website in the form described in subsection (4) of its intention of considering the making of the by-law, to be published not less than 21 days before the day fixed under paragraph (a).

111( 2) This section does not apply to a subdivision by-law, a building by-law, a flood risk area by-law, a by-law establishing a planning advisory committee, a design review committee by-law or any other by-law prescribed by regulation.

111( 3) If a local government has given notice in a manner authorized by paragraph (1)(b), it may also post the notice on social media websites.

111( 4) A notice under paragraph (1)(b)

(a) shall set forth a description of the area affected by the by-law and refer to street names and civic numbers in the case of a zoning by-law or zoning provisions in a rural plan under section 33 or 44, if feasible,

(b) shall state a place where and the hours during which the by-law may be inspected and the time and place set by the council for the consideration of written objections to the by-law,

(d) may, in the case of an amendment or repeal, briefly state an explication or the reasons for the amendment or repeal.

111( 5) If a notice is given in a manner authorized by paragraph (1)(b) in respect of a proposed by-law, the council shall

(a) make suitable provision for inspection of the by-law by the public at the time and place set out in the notice, and

(b) before making the by-law, hear and consider written objections to it.

111( 6) A person who wishes to speak for or against written objections is entitled to be heard at the time and place fixed under subsection (1) for consideration of the objections.

111( 7) If, after the notice is given in a manner authorized under paragraph (1)(b), the council substantially amends the proposed by-law, the provisions of this section apply with the necessary modifications to the amendment.

111( 8) The council is not required to vote on the by-law on the day fixed under subsection (1) for the consideration of objections to it, but the by-law shall not become valid unless, within six months after the day that the notice was given or published under subsection (1),

(a) the by-law is made, and

(b) the by-law is submitted for the approval of the Minister, except for a zoning by-law, subdivision by-law, building by-law, deferred widening by-law, controlled access street by-law or amendment to the zoning provisions in a rural plan under section 33 or 44.

111( 9) If it is proposed to amend a zoning by-law or a rural plan under section 33 or 44 for the re-zoning of an area of land, the council is not required to publish a second notice under subparagraph (1)(b)(i) if

(a) the owners of land within the area and within 100 m of the area, other than a person applying for the re-zoning, are advised in writing of the proposed amendment, or

(b) a notice of the proposed amendment is posted in a prominent place on the property proposed to be re-zoned.

Approval by Minister

112( 1) With respect to a by-law made under this Act and a municipal plan, rural plan under section 33 or 44 or development scheme made by a council, the council shall

(a) subject to subsection (2), apply to the Minister for approval that the document complies with the requirements of this Act,

(b) file in the land registration office a certified copy of the document that bears, if required, the approval of the Minister,

( i) if the approval of the Minister is required, the Minister’s action with respect to the document, and

( ii) information with respect to the filing of the document referred to in paragraph (b), and

(d) if the approval of the Minister is required, provide a copy of the notice referred to in paragraph (c) to the Minister.

112( 2) An application referred to in paragraph (1)(a) shall be accompanied by

(a) two copies, certified by the clerk, of the municipal plan, rural plan under section 33 or 44 or development scheme adopted by the by-law, as the case may be,

(b) a statutory declaration by the clerk of compliance with sections 110 and 111, and

112( 3) If a municipal plan, rural plan under section 33 or 44 or development scheme made by the council is approved by the Minister, the plan or scheme shall not be invalid by reason only of failure to comply with a requirement with respect to its content.

Approval of an amendment to zoning by-law

113 If a written objection to a proposed by-law to amend a zoning by-law or zoning provisions in a rural plan under section 33 or 44 is signed by the owners of at least one-third of the area of the land within the area affected by the by-law and within 100 m of that area, but not including land owned by a person who made application for the amendment, and is presented to the council not fewer than two days before the hearing required by section 111, the by-law shall not become valid unless a majority of the members of the council vote in favour of making the by-law.

Construction freeze

114( 1) Subject to subsection (2), where the council fixes the time and place under paragraph 111(1)(a) for consideration of objections to a proposed zoning, deferred widening or controlled access street by-law or proposed zoning provisions in a rural plan under section 33 or 44, it may set out by resolution the proposed by-law or rural plan or the principles to be contained in it and prohibit a development in the area affected by the proposed by-law or rural plan until the by-law or rural plan becomes valid or fails to become valid because of the operation of subsection 111(8) or because the council does not meet the requirement of paragraph 112(1)(b) within a reasonable time.

114( 2) A resolution passed under subsection (1) ceases to be effective after 14 days from the day on which the resolution is passed, unless the notice of intention to consider the making of the by-law referred to in the resolution is published under subsection 111(1) no latter than 14 days from the passing of the resolution.

Review of planning documents

115 Despite any other provision of this Act, the Minister may require a council to review a plan or development scheme adopted under this Act if the Minister considers a review necessary.

Consultations by council

116 A council may submit a proposed by-law, municipal plan, rural plan under section 33 and 44 or development scheme to the Director for his or her comments.

Amendment or repeal of by-laws

117( 1) Subject to this Act, a council may make a by-law that

(a) amends or repeals a by-law made under this Act, or

(b) makes an amendment to, or repeals, a municipal plan, rural plan under section 33 or 44 or development scheme adopted by by-law under this Act.

117( 2) Except if otherwise provided, all provisions of this Act respecting a by-law or a municipal plan, rural plan under section 33 or 44 or a development scheme adopted under this Act apply, with the necessary modifications, to a by-law, plan or scheme amending or repealing it.

117( 3) For the purposes of this section, a revision or replacement of a zoning by-law or zoning provisions in a rural plan under section 33 or 44 is deemed to be an amendment.

No injurious affection

118 Land shall not be deemed to be injuriously affected by reason only of the making of a by-law or regulation under this Act, or the amendment or repeal of the by-law or regulation.

Severability of by-law

119 The provisions of a by-law under this Act are severable and the invalidity of a part of the by-law does not affect the validity of those provisions that are not dependent or conditional on the effectiveness of the invalid provision.

PART 6

APPEALS TO THE ASSESSMENT AND
PLANNING APPEAL BOARD

Jurisdiction of Board

120( 1) Subject to subsection (2), a person, including the Director, may appeal to the Board if he or she alleges that

(a) the terms and conditions imposed or the prohibition of his or her development in accordance with paragraph 53(3)(c), the refusal to approve his or her regional or other development in accordance with subsection 20(1) or paragraph 108(1)(a) or (b) or the refusal to grant him or her a permit under this Act or the terms and conditions attached to a permit,

( i) resulted from

( A) the unreasonable use of powers referred to in paragraph 53(3)(c), or

( B) the misapplication of this Act or a by-law or regulation under this Act, or

( ii) would cause him or her special or unreasonable hardship not subject to alleviation under section 55 or 78 or for which alleviation was unreasonably refused;

(b) the approval of another person’s regional or other development or the granting of a permit under this Act to the person

( i) resulted from the misapplication of this Act or a by-law or regulation under this Act, or

( ii) would cause that person special or unreasonable hardship by reason of the effect of the proposed regional or other development on his or her land, building or structure;

( i) are unnecessary for the protection of the best interests of the local government, or

( ii) would cause him or her unreasonable hardship; or

(d) the refusal of the development officer to approve a tentative plan under paragraph 77(1)(j), a subdivision plan under paragraph 77(1)(k), an instrument for registration in the land registration office under paragraph 77(1)(l), or to exempt an instrument under section 80, resulted from the misapplication of this Act or a subdivision by-law under this Act.

120( 2) Except where the Board decides there are insufficient grounds for hearing an appeal, the Board shall hear and determine all appeals under subsection (1).

120( 3) The time limit for making an appeal under subsection (1) is

(a) under paragraph (1)(a), 60 days from,

( i) subject to subparagraph (ii), the giving of the decision on the application; or

( ii) if terms and conditions are attached to the permit appealed, the date the permit was issued,

(b) under paragraph (1)(b), ten days from the date of posting of the permit or approval under subsection 108(3),

(d) under paragraph (1)(d), 60 days from the date of the refusal referred to in that paragraph.

Orders and decisions

121( 1) With respect to an appeal under paragraph 120(1)(a), the Board may

(a) dismiss it,

(b) allow it by approving the regional or other development or ordering the granting of the permit, as the case may be, subject to the terms and conditions as the Board considers necessary to ensure consistency with this Act or a by-law or regulation under this Act, or

121( 2) With respect to an appeal under paragraph 120(1)(b), the Board may

(a) dismiss it,

(b) allow it by revoking the approval or the permit, or

(c) attach any terms and conditions to the approval or the permit as the Board considers necessary to ensure consistency with this Act or a by-law or regulation under this Act.

121( 3) With respect to an appeal under paragraph 120(1)(c), the Board may affirm, revoke or vary the prescribed standards or proposed action.

121( 4) With respect to an appeal under paragraph 120(1)(d), the Board may

(a) dismiss it, or

(b) order the development officer to approve, subject to the terms and conditions as the Board considers necessary to ensure consistency with this Act or a by-law or regulation under this Act, the tentative or subdivision plan, or to approve the instrument for registration in the land registration office or to exempt it.

121( 5) In addition to any other authority that the Board may have under this section, the Board may refer a matter back to the regional service commission, the council, the advisory committee or the development officer that made the decision that is the subject of the appeal.

121( 6) If the Board refers a matter back under subsection (5),

(a) the regional service commission, the council, the advisory committee or the development officer, as the case may be, may affirm, revoke or vary the decision that is the subject of the appeal, and

(b) the Board may provide directions.

121( 7) A decision of the Board, other than an order referred to in subsection (8), shall take effect four days following the day a copy of the Board’s decision was sent by mail under subsection 14(2) of the Assessment and Planning Appeal Board Act.

121( 8) If the Board orders the granting of a permit, the approval of a plan or instrument or the exempting of an instrument, the responsible officer shall comply with the order immediately and the order shall be effective on the compliance.

121( 9) Despite this section, the Board may allow an appeal in a manner referred to in paragraph (1)(b) or (2)(b) or make an order mentioned in paragraph (4)(b) if, in the opinion of the Board, a particular provision of a by-law under this Act

(a) is not authorized by this Act, and

(b) is the basis for the action appealed.

121( 10) A decision of a majority of the members of the Board hearing an appeal is a decision of the Board.

Publication of decision

122 The Minister shall cause the decisions of the Board that the Minister considers to be of significance to be published annually.

Power of inspection

123( 1) The Board may authorize a person to make an inquiry relating to a matter pending before it under this Act and, for that purpose, to enter on and inspect any land, building or structure.

123( 2) Before or after attempting to enter any land, building or structure for the purposes of making an inquiry under subsection (1), the person authorized by the Board may apply for an entry warrant under the Entry Warrants Act.

123( 3) The person authorized by the Board shall not enter a private dwelling under subsection (1) unless the person has the consent of the owner or occupant or has obtained an entry warrant under the Entry Warrants Act.

123( 4) A report made in accordance with an inquiry under subsection (1) shall be made available to any person the Board considers appropriate at least three days before the hearing of an appeal and shall be received in evidence.

PART 7

REGULATIONS

Regulations – general

124( 1) The Lieutenant-Governor in Council may make regulations

(a) respecting statements of provincial interests;

(b) respecting regional plans;

(c) prescribing community planning and development services provided in local service districts for which a regional service commission may charge fees;

(d) prescribing the amount of a fee for a service referred to in paragraph (c);

(e) governing the maximum amount that a local government may establish or impose and collect as a development charge, either generally or specifically;

(f) governing the principles and criteria that shall be applied by a local government when establishing a development charge;

(g) designating types of easements and prescribing the rights which these designated types of easements vest in the Crown, a local government or a public utility and subsection 125(16) applies to the regulations;

(h) prescribing matters that a development must be in conformity with before a building permit or a development and building permit may be issued under subsection 108(1);

(i) governing what may be considered by a development officer to be adequate proof that a development is in conformity with a matter prescribed under paragraph (h);

(j) establishing the procedure of the Board respecting appeals commenced under this Act;

(k) defining words or expressions used in this Act but not defined;

(l) respecting any other matter that may be necessary for the proper administration of this Act.

124( 2) Without limiting paragraph (1)(b), a regulation made under that paragraph may prescribe

(a) the process, procedure or criteria, for making or amending a regional plan,

(b) the notice or consultation, or both, required for making or amending a regional plan,

(d) any indicators to determine or to assist in determining whether an objective set out in the regional plan has been, is being or will be achieved or maintained,

(e) any monitoring and reporting with respect to indicators and policies, including who will do the monitoring and when, and to whom the monitoring will be reported,

(f) the making of different provision for different parts of a region, including specifying a period of time for application and providing for an exclusion from, exception to or exemption from its legal effect,

(g) the role and function of the Minister, government departments and other persons in reviewing or assisting in the development of regional plans or an amendment of a regional plan, and

(h) if the regional plan is specific or general in its application.

124( 3) Despite the Financial Administration Act, if a fee is prescribed under paragraph (1)(d), the fee shall be paid to the regional service commission providing the prescribed service and shall be credited to the cost of the delivery of the land use planning service under subsection 161(4) of the Local Governance Act.

124( 4) The Lieutenant-Governor in Council shall consult with the Board before making a regulation under paragraph (1)(j).

Regulations re planning and development

125( 1) Subject to this section, the Lieutenant-Governor in Council may make regulations

(a) governing the setting back of buildings and structures from the boundaries of streets or classes of streets;

(b) prescribing the location, layout, equipment, standards and licensing of mobile home parks and approving standards of mobile home sites and prescribing the fees to be paid by operators of mobile home parks;

(c) prescribing the location and dimensions of service stations, gas bars, car washes and automotive repair garages and approving standards of construction;

(d) prescribing the location and dimensions, purposes and licensing of public advertising signs and billboards and approving standards of construction and establishing fees for the purposes of public advertising signs and billboards;

(e) governing the excavation of sand, gravel, clay, shale, limestone or other deposits for purposes of the sale or other commercial use of the material excavated;

(f) respecting the subdividing of land;

(g) respecting the building, locating or relocating, demolishing, altering, structurally altering, repairing or replacing, or a combination of the work, of buildings and structures, including, without limiting the generality of the foregoing, standards for the work and the prohibiting of the undertaking or continuing of the work in violation of the standards;

(h) respecting development and building permits, including, without limiting the generality of the foregoing, governing the application for the permits, the issuance, suspension, reinstatement or revocation of the permits, the terms and conditions of the issuance, suspension, reinstatement or revocation of the permits, the terms and conditions of the permits, the form of the application and the permits and prescribing the fees for the application and the permits and the fees for building inspection services and governing the provision of information with respect to the permits to the Executive Director of Assessment under the Assessment Act and the use to be made of the information;

(i) in a part of an area in which a regulation under paragraph (g) or (h) is in effect, prohibiting the issue of a wiring permit under the Electrical Installation and Inspection Act in respect of a development unless the applicant for the wiring permit delivers a copy of the development and building permit for the development;

(j) respecting land use and development policies, including, without limiting the generality of the foregoing, policies respecting settlement patterns, commercial and industrial siting, flood plains and planning for coastal zones;

(k) in an area designated under subsection (3), governing anything, except a development scheme, or a combination of things that a council is empowered to do by by-law under this Act;

(l) respecting anything otherwise authorized by this Act.

125( 2) If a fee is prescribed under paragraph (1)(h), the fee shall be paid, despite the Financial Administration Act, to the regional service commission and shall be credited to the cost of the delivery of the land use planning service under subsection 161(4) of the Local Governance Act.

125( 3) Subject to subsections (4) and (7), the Lieutenant-Governor in Council may

(a) except in the case of a rural plan under section 51, designate an area or areas for the purpose of the application of a regulation under this section, thereby restricting, subject to paragraph (b), the application of the regulation accordingly, and

(b) with respect to a subdivision regulation, provide that the regulation applies throughout the Province exclusive of those areas identified in the regulation as not being subject to the regulation.

125( 4) A regulation under this section

(a) subject to paragraph (b), is not effective in a municipality;

(b) if made under paragraph (1)(a) or (f), is effective in a village that is within an area in which it applies and

( i) in the case of a regulation under paragraph (1)(a), no zoning by-law or zoning provisions in a rural plan under section 33 are in effect in the village, or

( ii) in the case of a regulation under paragraph (1)(f), no subdivision by-law is in effect in the village; and

125( 5) Despite subsection (4), a regulation under paragraph (1)(j) is effective in a local government or local service district specified in the regulation.

125( 6) Despite any other provision in this Act, if there is an inconsistency between a regulation under paragraph (1)(j) and a regional plan, rural plan, municipal plan or by-law or regulation under this Act, except a regulation establishing a statement of provincial interest, the regulation under paragraph (1)(j) prevails.

125( 7) With respect to a regulation made under this section applicable in an area designated under subsection (3) or paragraph 52(1)(a), the regulation shall be consistent with a rural plan, if any, in effect in the area.

125( 8) If a regulation under this section is in effect, the planning director as defined in the Regional Services Delivery Act is the development officer and the powers vested in a regional service commission under paragraph (9)(a) or (e), (10)(b) or (11)(b) shall be deemed to be vested in the regional service commission.

125( 9) With respect to a zoning regulation or to zoning provisions in a rural plan under this section

(a) the powers and functions referred to in paragraphs 53(2)(g) and (h) or paragraph 53(3)(c), with respect to particular uses of land, may be vested in a regional service commission,

(b) if the power referred to in subparagraph 53(2)(i)(ii) is provided for in the regulation, a letter from the Minister shall satisfy the requirement of clause 53(2)(i)(ii)(C),

(c) the power referred to in paragraph 53(2)(j) may be vested in a regional service commission and, if it is, subsection 53(9) applies with the necessary modifications to the regulation,

(d) if a fee referred to in paragraph 53(2)(l) is provided for in the regulation, it shall be paid into the Consolidated Fund, but may be returned in whole or in part on the advice of the Minister,

(e) the powers referred to in sections 55 and 56 with respect to certain proposed uses and variances shall be deemed to be vested in the relevant regional service commission or development officer, as the case may be, and

(f) if a person applies to the Minister to have an area of land re-zoned to permit the carrying out of a specific proposal,

( i) the Minister, in relation to the application, may make an order or enter into an agreement with the person, and

( ii) the provisions of section 59 with respect to a resolution or agreement under that section apply with the necessary modifications to an order or agreement made under this section.

125( 10) A subdivision regulation under this section may

(a) subject to subsections (12) and (13), provide for

( i) the setting aside of land for public purposes at a location as may be approved by the Minister after consultation with the regional service commission, the indicating of the land on a subdivision plan and the vesting of the land in the Crown on the filing of the subdivision plan in the land registration office, and

( ii) the paying, at the discretion of the Minister, of money in lieu of land mentioned in subparagraph (i),

(b) vest in a regional service commission the power referred to in paragraph 75(1)(c) with respect to access,

(c) vest in a regional service commission the power referred to in paragraph 75(1)(k) with respect to approval of a subdivision plan,

(d) prescribe the fee to be paid for the approval of a tentative plan, including prescribing different fees for the approval of tentative plans for type 1 subdivisions and type 2 subdivisions,

(e) provide that the naming of streets in subdivisions is subject to the approval of the regional service commission, and

(f) add to the list of exemptions referred to in subsection 80(1) with respect to land in the area to which the regulation applies.

125( 11) If a subdivision regulation under this section is in effect,

(a) the provisions of section 77 with respect to a subdivision by-law apply with the necessary modifications to the regulation, except if a plan involves the setting aside of land for public purposes, in which case the plan shall not be approved unless

( i) the location of the land has been recommended by the regional service commission, and

( ii) the plan has been approved and signed by the Minister,

(b) the powers mentioned in section 78 with respect to variance are vested in the regional service commission or development officer, as the case may be, and

125( 12) Land vested in the Crown under this section shall be held undeveloped or developed for public purposes and may, if subsequently included within the boundaries of a local government, be conveyed to the local government and the land shall be subject to all provisions of this Act affecting land for public purposes vested in a local government under this Act.

125( 13) All money received by the Minister in lieu of land for public purposes or realized by him or her on the sale of the land is to be paid into a special account, and the money in that account is to be expended by the Minister for acquiring or developing land for public purposes and for no other purpose, and

(a) pending the expenditure the money shall be invested and the earnings derived from the investments paid into the special account, and

(b) if a subdivision in respect of which money has been received is subsequently included within the boundaries of a local government, the portion of the money that remains unexpended, together with any increments that have accrued under paragraph (a), is to be paid to the local government of which the subdivision becomes a part, and is to be treated by the local government in the same manner as money received for a public purpose under a subdivision by-law.

125( 14) Before making a regulation under this section, the Minister shall

(a) if the regulation would have effect in a region, request the regional service commission to give its views on the regulation,

(b) if the regulation is to be made under section 51 and would have effect in a local service district that has an advisory committee, request the advisory committee to give its views on the regulation, and

(c) follow, with the necessary modifications, the procedure preliminary to the making of a by-law under section 111, except if the regulation is to be made under paragraph (1)(a), (b), (f), (g), (h) or (i).

125( 15) Despite paragraph (14)(c), with respect to a zoning regulation under subsection (1) or a rural plan under section 51, the provisions of section 111 shall not be read as requiring the Minister to make available for public consideration the proposed rural plan or amendment if the Minister makes available for public consideration a written summary of the proposed rural plan or amendment.

125( 16) The Director shall file a copy of each regulation made under this section in the land registration office for every county in which any land affected by the regulation is situated, but the filing shall not be a condition precedent to the coming into force of the regulation.

PART 8

MISCELLANEOUS AND GENERAL

Administration

126( 1) The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

126( 2) Despite subsection (1), the Minister shall not delegate the powers referred to in section 51, 125 or 132.

Fees

127( 1) A council may make a by-law prescribing fees for the following community planning and development services provided by the local government or a regional service commission:

(a) providing a zoning confirmation letter;

(b) providing a letter confirming that a use of land, a building or a structure is in compliance with a community planning and development by-law;

(c) processing and considering applications for an authorization in accordance with a by-law made under paragraph 53(2)(i);

(d) processing and considering requests under section 55; and

(e) examining an instrument under paragraph 77(1)(l).

127( 2) If a fee is prescribed under subsection (1) and collected by a regional service commission, the fee shall be paid to the local government in the region.

Approvals for pipeline construction

128 A development officer may grant approvals for pipeline construction for which he or she is the approving authority under the Pipeline Act, 2005.

Development on Crown land

129 Except as to the Crown or an agent of the Crown, a person is not exempt from compliance with this Act, a by-law or regulation under this Act, an order or demand or terms and conditions made or imposed in accordance with an order, or a decision of the Board, by reason only of the fact that the land, building or structure in respect of which he or she undertakes a development is owned by the Crown.

Proof of a by-law

130( 1) A copy of a resolution of a council or of a bylaw made under this Act certified by the clerk to have been compared with the original and to be a true copy is evidence in all courts of the passage and existence of the resolution or by-law, without proof of the official character or handwriting of the clerk.

130( 2) When a certified copy of a resolution or by-law states the date on which the resolution was adopted or the by-law made, it is evidence of the date of adoption or of making, as the case may be.

130( 3) A copy of a minute, record, map, plan, document or writing or of any part of it filed or deposited in the office of a clerk, certified by the clerk as the person having charge of the original to have been compared with the original and to be a true copy, is evidence in all courts of the minute, record, map, plan, document or writing, without proof of the official character or handwriting of the clerk.

Agreement with developer

131( 1) If a developer proposes to establish conditions for a development that are additional to those required by a zoning by-law, zoning provisions in a rural plan or a subdivision by-law or regulation, or if terms and conditions are imposed under paragraph 44(6)(a) or (c), paragraph 53(3)(c), section 55, subsection 73(2), section 78 or paragraph 125(9)(a) or (e) or (11)(b), the following may enter into an agreement with the developer to ensure the performance of the conditions:

(a) the council, if the development is within the local government; and

(b) the Minister, if the development is not within the local government.

131( 2) The provisions of subsection 102(5) with respect to an agreement apply with the necessary modifications to an agreement under this section.

131( 3) If a council or the Minister has entered into an agreement under subsection (1), the council or Minister, as the case may be, may

(a) on breach of the agreement and after giving 30 days’ notice in writing to the developer, enter the development and perform any of the covenants or conditions in respect of which the breach exists, or

(b) at any time, discharge a covenant or condition of an agreement.

131( 4) If an agreement under this section is filed in the land registration office, a discharge of a covenant or condition under paragraph (3)(b) shall be filed within ten days of filing the agreement.

PART 9

ENFORCEMENT

Powers of Minister

132( 1) The Minister shall not exercise a power under this section except with the approval of the Lieutenant-Governor in Council.

132( 2) In addition to other powers vested in the Minister under this Act, the Minister may quash a by-law made under this Act if satisfied that it is in the public interest to do so on giving notice in The Royal Gazette and filing a copy of the notice in the land registration office.

132( 3) If the Minister is satisfied that a local government is not conforming to a regional plan or is not conforming to or enforcing its municipal plan or a by-law made by it or its rural plan, the Minister may order the local government to do so.

132( 4) If a council fails to comply with an order of the Minister under this Act, the Minister may exercise all the powers conferred by this Act on the council on giving notice in The Royal Gazette and filing a copy of the notice in the land registration office.

132( 5) If exercising powers under subsection (4) in relation to a local government, the Minister may appoint, if the local government is providing its own land use planning service, five persons to be the advisory committee for the local government, but the council may appoint four additional persons to act on the committee, and the committee may exercise all the powers it would have if it was otherwise established under this Act.

132( 6) The Minister may at any time revest the powers vested in him or her under subsection (4) in the council on giving notice in The Royal Gazette and filing a copy of the notice in the registry office.

Inspection of property

133( 1) The Director, a development officer or the person authorized by the Minister or the council may, at all reasonable times, and with the consent of the owner or occupant, enter any land, building or premises for the purposes of inspection if the Director, the development officer or the person authorized by the Minister or the council has reasonable grounds to believe that a development or form of development on or in the land, building or premises violates a provision of this Act or the regulations or a bylaw or an order made under this Act.

133( 2) Before or after attempting to enter any land, building or premises for the purposes of making an inspection under subsection (1), the Director, the development officer or the person authorized by the Minister or the council may apply for an entry warrant under the Entry Warrants Act.

133( 3) The Director, a development officer or the person authorized by the Minister or the council shall not enter a private dwelling under subsection (1) unless the person has the consent of the owner or occupant or has obtained an entry warrant under the Entry Warrants Act.

133( 4) If, after inspection, the Director, the development officer or the person authorized by the Minister or the council determines that the development or form of development violates a provision of this Act or the regulations or a bylaw or an order made under this Act, that person may serve, or cause to be served, a written order under section 134 to the owner, operator or occupant of the land, building or premises on or in which the development or form of development is located.

Violation of Act

134( 1) If a development is undertaken in violation of this Act, a by-law or regulation under this Act or terms and conditions imposed on the development, the Director or the council, as the case may be, or a development officer, building inspector or other person duly authorized by the Director or the council may order

(a) cessation of the development,

(b) alteration of the development in order to remove the violation, or

(c) the doing of anything required to restore the land, building or structure to its condition immediately before the undertaking of the development.

134( 2) Subject to subsection (6), an order under subsection (1) shall

(a) be in writing and signed by the person making it,

(b) be served on the owner of the land, building or structure in respect of which the order is issued by personal delivery to the owner or by registered mail addressed to the owner at the last known address of the owner,

(d) state that the action specified in the order is to be taken within the period stated in the order, the period being, in cases referred to in paragraphs (1)(b) and (c), not fewer than 14 days and not more than two months from the day the order is served.

134( 3) The owner of property who is ordered to take action under this section shall comply with the order at his or her own expense.

134( 4) If an owner of property fails to comply with an order under this section, the Director or council may cause the ordered action to be undertaken and may recover the costs of the order from the owner in an action in a court of competent jurisdiction.

134( 5) The costs incurred by the Director or council under subsection (4) shall constitute a lien on the property concerned until recovered from the owner.

134( 6) An order under this section requiring the cessation of a development may also be served by personal delivery to the person in charge of carrying out the development or by registered mail to the person at his or her last known address, and the person shall cease carrying out the development within the period stated in the order.

134( 7) Service by registered mail of an order provided in subsections (2) and (6) is deemed to have been effected four days after the notice is deposited in the mail.

Application for an order of the Court

135( 1) A local government or the Minister or a person designated for that purpose by the council or the Minister may make an application to The Court of Queen’s Bench of New Brunswick or a judge of that court for any of the orders described in subsection (2), whether or not a penalty has been provided for or imposed under this Act for the violation, failure or obstruction, if a person, other than a local government,

(a) violation or fails to comply with

( i) a provision of this Act or a by-law or regulation under this Act,

( ii) an order or demand made under this Act or a by-law or regulation under this Act,

( iii) any terms and conditions imposed in accordance with paragraph 53(2)(i) or (3)(c), section 55, subsection 78(1), 102(4) or 121(1) or (2), or

( iv) a decision of the Board; or

(b) obstructs any person in the performance of his or her duty under this Act.

135( 2) In proceeding under this section, the judge may

(a) make an order restraining the continuance or repetition of the violation, failure or obstruction,

(b) make an order directing the removal or destruction of a building or structure or part of the building or structure in respect of which the violation or failure has taken place, and that on failure to comply with the order a person designated by the council or the Minister, as the case may be, may remove or destroy the building or structure or part of the building or structure at the expense of the owner, and

(c) make any other order as is required to enforce the provision in respect of which the action was instituted and as to costs and the recovery of the expense of the removal or destruction as the judge deems fit.

Powers of the Court

136( 1) On application by a person directly affected by the operation or non-enforcement of a by-law, resolution or order made under this Act by a council, or by a resident of the local government, The Court of Queen’s Bench of New Brunswick or a judge of that court may by order

(a) quash it in whole or in part for illegality, or

(b) declare that it is in force and effect, in whole or in part.

136( 2) The Court of Queen’s Bench of New Brunswick may refuse to hear an application made under subsection (1) if

(a) the by-law, resolution or order that is the subject of the application has been the subject of a previous application under that subsection, and

(b) in the opinion of the Court, the application raises substantially the same matters as were adjudicated on in a previous application.

Prohibition

137 No person shall

(a) violate or fail to comply with a provision of a by-law made under this Act,

(b) violate or fail to comply with a provision of a regulation made under this Act,

(c) violate or fail to comply with a term and condition imposed under paragraph 53(2)(i) or (3)(c), section 55, subsection 78(1), 102(4) or 121(1) or (2),

(d) violate or fail to comply with an order or demand made under this Act or a by-law or regulation made under this Act,

(e) violate or fail to comply with a decision of the Board, and

(f) obstruct any person in the performance of his or her duty under this Act.

Offences and penalties

138( 1) A person who violates or fails to comply with a provision of this Act that is listed in Column 1 of Schedule A commits an offence.

138( 2) For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column 1 of Schedule A is punishable as an offence of the category listed beside it in Column 2 of Schedule A.

138( 3) The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on the person’s part to comply with the provisions of this Act.

138( 4) Subject to subsection (5), a prosecution for an offence under this Act shall not be commenced after six months from the discovery of the offence.

138( 5) If an appeal is made to the Board with respect to an alleged offence, the time period referred to in subsection (4) shall be extended by the elapsed time between

(a) the date of the notice of appeal, and

(b) the date of the final disposition of the appeal.

Proceedings

139 Proceedings for an offence under this Act shall be commenced in the name of the Minister or the clerk of the local government or any other person who is designated for that purpose by the council.

Ministerial enforcement of rural plans

140 The Minister is authorized to enforce a rural plan by-law in a local service district and sections 132 to 139 apply with the necessary modifications to the enforcement of a rural plan by-law by the Minister.

PART 10

TRANSITIONAL PROVISIONS, REPEAL AND COMMENCEMENT

Definition of “former Act”

141 For the purposes of this Part, “former Act” means the Community Planning Act, chapter C-12 of the Revised Statutes, 1973.

Municipal development plan under former Act

142 Despite any inconsistency with a provision of this Act, a municipal development plan made under the authority of the former Act that was in force immediately before the commencement of this section shall be deemed to be a municipal plan made under this Act and is valid and continues in force until amended or repealed, to the extent that it is not inconsistent with this Act or a statement of provincial interest.

Resolutions under former Act

143 Despite any inconsistency with a provision of this Act, a resolution made by a council of a municipality or rural community or a regional service commission under the authority of the former Act that was in force immediately before the commencement of this section, shall be deemed to have been made under this Act and is valid and continues in force until amended or repealed.

By-laws under former Act

144 Despite any inconsistency with a provision of this Act, a by-law made under the authority of the former Act that was in force immediately before the commencement of this section shall be deemed to have been made under this Act and is valid and continues in force until amended or repealed, to the extent that it is not inconsistent with this Act or a statement of provincial interest.

Permits, approvals and orders continue

145 Despite any inconsistency with a provision of this Act, a permit, approval or order made or issued under the former Act that was in force immediately before the commencement of this section shall be deemed to have been made under this Act and is valid and continues in force until amended or repealed.

Agreements and contracts continue

146 Despite any inconsistency with a provision of this Act, agreements and contracts entered into by a municipality, rural community or rural municipality under the former Act that are in force immediately before the coming into force of this section are continued as if they were made under this Act, subject to any provision of this Act that affects them.

Applications before Act in force

147 Despite any inconsistency with a provision of this Act, any application received by a council of a municipality, rural community or village before the coming into force of this section is to be dealt with in accordance with the process in effect in the municipality, rural community or village at the time the application was received.

Appeals before the Board

148 Despite any inconsistency with a provision of this Act, any appeal commenced under the previous Act before the Assessment and Planning Appeal Board before the coming into force of this section is to be dealt with in accordance with the process in effect under this Act.

Terms of office of members elected to planning advisory committees continue

149 Despite any inconsistency with a provision of this Act, a person who was a member of a planning advisory committee appointed under section 12 of the former Act immediately before the commencement of this section shall be deemed to have been elected under section 3 of this Act and continues in office until he or she resigns or is reappointed or replaced.

Payments under section 45 of former Act

150 Despite any inconsistency with a provision of this Act, if payments are still due or owing under the provision of section 45 of the former Act immediately before the coming into force of this section with respect to the an amount equal to the initial cost of the facilities, or equal to the share of the cost required to be paid by a person, section 45 of the former Act is continued as if that Act was not repealed.

Provincial Planning Director continues

151 Despite any inconsistency with a provision of this Act, the person appointed under section 4 of the former Act holding the office of Provincial Planning Director immediately before the commencement of this section shall be deemed to have been appointed the Provincial Planning Director under section 9 of this Act and continues in office until he or she resigns or is reappointed or replaced.

Municipal planning directors, municipal planning officers, rural community planning directors and rural community planning officers continue

152 Despite any inconsistency with a provision of this Act, a person who was appointed as a municipal planning director, municipal planning officer, rural community planning director or rural community planning officer under section 16 of the former Act and holding office immediately before the commencement of this section shall be deemed to have been appointed as a planning director or planning officer, as the case may be, under section 10 of this Act and continues in office until he or she resigns or is reappointed or replaced .

Repeal of the Community Planning Act

153 The Community Planning Act, chapter C-12 of the Revised Statutes, 1973, is repealed.

Regulations under the Community Planning Act

154 Despite any inconsistency with any provision of this Act,

(a) the following regulations made under the Community Planning Act, chapter C-12 of the Revised Statutes, 1973, including any amendments made to them under paragraph (b) are valid and continue in force until repealed by a regulation or regulations made by the Lieutenant-Governor in Council under this Act:

( i) New Brunswick Regulation 80-159,

( ii) New Brunswick Regulation 81-126,

( iii) New Brunswick Regulation 84-45,

( iv) New Brunswick Regulation 84-59,

( v) New Brunswick Regulation 84-217,

( vi) New Brunswick Regulation 84-292,

( vii) New Brunswick Regulation 89-7,

( viii) New Brunswick Regulation 93-165,

( ix) New Brunswick Regulation 93-171,

( x) New Brunswick Regulation 93-172,

( xi) New Brunswick Regulation 94-68,

( xii) New Brunswick Regulation 2002-45,

( xiii) New Brunswick Regulation 2009-31, and

( xiv) New Brunswick Regulation 2011-61;

(b) a regulation referred to in paragraph (a) may be amended under the Community Planning Act, chapter C-12 of the Revised Statutes, 1973, on or after the commencement of this section as if that Act had not been repealed.

Commencement

155 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.

SCHEDULE A

Column 1		Column 2
Provision		Category of Offence
	20(1) ...............		E
	60(5) ...............		E
	65(1) ...............		E
	79(3) ...............		E
	108(1) ...............		E
	108(3) ...............		B
	137(a) ...............		E
	137(b) ...............		C
	137(c) ...............		E
	137(d) ...............		E
	137(e) ...............		E
	137(f) ...............		E