Capital Planning Region Regulation

Capital Planning Region Regulation, M.R. 161/2022 The Planning Act , C.C.S.M. c. P80 Regulation 161/2022 Registered December 14, 2022 bilingual version (HTML) Table of Contents Section PART 1 CAPITAL PLANNING REGION 1 Interpretation 2 Board composition 3 Head of council as director 4 Member of council as director 5 Minister's appointment of directors 6 Chair and vice-chair 7 First board meeting 8 Repealed 9 Voting 10 Decisions of the board 10.1 Special decisions 11 Application of Corporations Act 12 Annual budget 13 Municipalities to agree on contribution 14 Contribution if no agreement 15 Records 16 Website 17 Printed regional planning by-laws PART 2 REGIONAL PLAN 18 Adoption of regional plan 19 Preparation of proposed regional plan 20 Public consultation 21 First reading 22 Public hearing 23 Second reading 24 Submission to minister 25 No adoption until approval 26 Notice of second reading given 27 Referral to Municipal Board 28 Minister's decision 29 Third reading 30 Adoption 31 Notice of adoption 32 Notice of resolution not to proceed 33 Notice of public hearing 34 Electronic notification 35 Amending regional planning by-law 36 Amendment process 37 Exception for minor amendments 38 Effect on planning instruments 39 Review of regional plan PART 3 COMING INTO FORCE 40 Coming into force Schedule PART 1 CAPITAL PLANNING REGION Interpretation 1(1) The following definitions apply in this regulation. "Act" means The Planning Act . («  Loi  ») "capital planning region" means the Capital Planning Region established under section 8 of the Act. (« région d'aménagement du territoire de la capitale ») "regional member municipality" means a regional member municipality forming part of the capital planning region. (« municipalité participante régionale ») "regional planning board" means the board of directors of the capital planning region. (« conseil de la capitale ») 1(2) A reference in this regulation to the population of a municipality or other area means the population of the municipality or area as shown by the most recent census taken and available under the Statistics Act (Canada). M.R. 83/2025 BOARD OF DIRECTORS Board composition 2 The regional planning board must consist of the following directors: (a) one director from each regional member municipality, appointed in accordance with section 3 or 4; (b) up to two directors appointed by the minister, in accordance with section 5. M.R. 12/2026 Head of council as director 3(1) On the coming into force of this regulation, the head of council of each regional member municipality is appointed to the regional planning board. 3(2) The head of council of each regional member municipality is, and continues as, a director unless the regional member municipality appoints a member of council to the board under section 4. 3(3) If the member of council appointed under section 4 ceases to be a director, the regional member municipality may appoint (a) its head of council; or (b) another member of council in accordance with section 4. 3(4) If no appointment is made under subsection (3) and the position on the board remains vacant for 120 days from the date the member ceased to be a director, the head of council of that municipality is deemed to be a director of the regional planning board. Member of council as director 4(1) The council of a regional member municipality may appoint a member of council who is not its head of council to the regional planning board. 4(2) If a council appoints a member to the board, the chief administrative officer of the municipality must give a copy of the municipality's appointment resolution to the regional planning board as soon as practicable after the resolution is passed. 4(3) A member appointed under this section holds office as a director for a term of three years after the date the appointment becomes effective, and after that until a successor is appointed, unless the member sooner dies, ceases to be a member of council, resigns or is removed from office as a director. 4(4) A member appointed to fill a vacancy in the position of director holds office for the remainder of the unexpired term of the original appointment, and after that until a successor is appointed, unless the member sooner dies, ceases to be a member of council, resigns or is removed from office as a director. Minister's appointment of directors 5(1) The minister may appoint up to two directors to the regional planning board. 5(2) An individual appointed as a director holds office for a term of three years after the date the appointment becomes effective, and after that until a successor is appointed, unless the individual sooner dies, resigns or is removed from office as a director. 5(3) An individual appointed to fill a vacancy in the position of an individual director holds office for the remainder of the unexpired term of the original individual's appointment, and after that until a successor is appointed, unless the individual sooner dies, resigns or is removed from office as a director. 5(4) and (5) [Repealed] M.R. 12/2026 5(6) The regional planning board must not make by-laws that affect the appointment or term of a director appointed by the minister. M.R. 12/2026 Chair and vice-chair 6(1) The regional planning board must designate one of the directors as chair and one of the directors as vice-chair. 6(2) A director designated as chair or vice-chair holds office for a term of two years after the date the designation becomes effective, and after that until a successor is designated, unless the individual sooner dies, resigns or is removed from office as chair or vice-chair or as a director. M.R. 12/2026 CORPORATE MATTERS First board meeting 7 The capital planning region must hold the first meeting of the regional planning board within 120 days after the coming into force of this regulation to (a) appoint officers to hold office until the next annual general meeting; and (b) schedule meetings for the balance of the fiscal year and the date of the first annual general meeting. 8 [Repealed] M.R. 12/2026 Voting 9 Each director is entitled to one vote on any decision of the regional planning board. Decisions of the board 10 Subject to section 10.1, a decision of a majority of the directors present at a meeting is the decision of the regional planning board. M.R. 12/2026 Special decisions 10.1 A decision of the regional planning board on a regional planning by-law or the annual budget must be approved as follows: (a) by a majority of not less than 2/3 of the directors present at the meeting; (b) the directors who approve the decision must represent regional member municipalities that collectively have at least 66.6% of the population in the capital planning region. M.R. 12/2026 Application of Corporations Act 11(1) Subject to subsections (2) and (3), the following provisions of The Corporations Act apply to the capital planning region to the extent that they do not conflict with the Act: (a) the definitions "body corporate", "business", "corporation", "court", "director", "individual" and "person" in subsection 1(1); (b) subsection 97(1) (duty to manage); (c) subsection 98(1) (by-laws); (d) subsection 100(1) (qualifications of directors); (e) clauses 103(1)⁠(a) and (c) and subsection 103(2) (ceasing to hold office); (f) subsections 109(9) to (12) (electronic meetings); (g) subsection 110(1) (delegation); (h) section 111 (validity of acts of directors and officers); (i) section 114 (liability of directors for wages); (j) subsections 115(1) to (4), clauses 115(5)⁠(a), (b) and (c) and subsections 115(6) to (8) (disclosure of interest in contract); (k) section 116 (officers); (l) section 117 (duty of care of directors and officers); (m) section 118 (dissent); (n) subsections 119(1) to (5) and (7) (indemnification); (o) section 120 (remuneration). 11(2) The provisions incorporated by subsection (1) are to be read without reference to articles, shareholders or unanimous shareholder agreements. 11(3) If a provision incorporated by subsection (1) conflicts with the by-laws of the capital planning region, the by-laws of the capital planning region prevail unless the provision of The Corporations Act requires a higher standard. FINANCIAL MATTERS Annual budget 12(1) The regional planning board must prepare and approve an annual budget for its operations in each fiscal year. 12(2) The regional planning board must provide the minister with a copy of the budget for each fiscal year before the start of that year. 12(3) If the regional planning board does not provide the minister with a copy of the budget for a fiscal year before the start of that year, (a) the minister may, after consultation with the board, prepare, approve or amend the budget; and (b) the board must adopt the budget as prepared, approved or amended by the minister. M.R. 12/2026 Municipalities to agree on contribution 13(1) Unless otherwise agreed to by the regional member municipalities within 120 days after the coming into force of this regulation, and for each fiscal year afterwards, each regional member municipality must contribute funds to meet the expenses of the capital planning region in the following manner: (a) a regional member municipality, other than the City of Winnipeg, with a population in the range listed in Column 1 of the table in the Schedule must contribute at least the amount listed opposite in Column 2 of the table; (b) the City of Winnipeg must contribute at least the aggregate amount of funds contributed by all other regional member municipalities under clause (a). 13(2) For certainty, the regional member municipalities must not agree to contribute less than the amount determined under clauses (1)⁠(a) and (b). Contribution if no agreement 14 If an agreement under subsection 13(1) is not reached, each regional member municipality must contribute the amount determined under clauses 13(1)⁠(a) and (b). PUBLIC INFORMATION AND RECORDKEEPING Records 15 The capital planning region must maintain the following records in accordance with the Act and any applicable standards: (a) all relevant financial records; (b) annual budgets, financial statements and audits; (c) agendas, resolutions and meeting minutes of the board, committees, subcommittees and advisory groups; (d) corporate by-laws; (e) a current list of directors and officers; (f) annual reports required by section 10.17 of the Act; (g) reports and recommendations from committees, subcommittees and advisory groups; (h) all regional planning by-laws. Website 16(1) Within 180 days of the coming into force of this regulation, the capital planning region must establish and maintain a publicly accessible website. 16(2) If the Act or this regulation requires the capital planning region to make a notice or document available to the public, the capital planning region must publish a copy of the notice or document on its website in addition to any other requirement. 16(3) The capital planning region must publish the following to its website at the times specified: (a) the records listed in clauses 15(b) to (h), including any changes to those records, as soon as reasonably practicable after the records are available; (b) board meeting agendas, at least three business days before each regular board meeting. Printed regional planning by-laws 17 The capital planning region must make printed copies of all regional planning by-laws available to the public upon request and at a reasonable cost. M.R. 12/2026 PART 2 REGIONAL PLAN Adoption of first regional plan 18(1) In accordance with section 10.3 of the Act and this Part, the capital planning region must adopt a regional planning by-law within two years of the coming into force of this regulation. 18(2) For the purposes of subsection (1), the following must be completed before the deadline: (a) a proposed regional planning by-law; (b) second reading of the proposed regional planning by-law; (c) submission of the proposed regional planning by-law to the minister for approval. PREPARATION AND PUBLIC CONSULTATION Preparation of proposed regional plan 19(1) Before preparing the proposed regional planning by-law, the regional planning board must review the existing and proposed development plans of each regional member municipality. 19(2) The proposed regional planning by-law must be prepared with the assistance of an individual who is a registered professional planner within the meaning of The Registered Professional Planners Act . Public consultation 20 At least 60 days before the regional planning board gives first reading of the proposed regional planning by-law, the board must (a) give notice of public consultation in accordance with subsection 33(2); (b) hold one or more public consultations with any interested persons on the proposed regional planning by-law; (c) consult with the minister, the minister's department and any other government department the minister considers appropriate; (d) consult with each of the regional member municipalities; and (e) consult with any other organization, group or stakeholder that the regional planning board considers appropriate. FIRST READING First reading 21 After the regional planning board has prepared the proposed regional planning by-law in accordance with this Part, the regional planning board must give the by-law first reading. Public hearing 22 Before or after the regional planning board gives first reading of the proposed regional planning by-law, the board must hold a public hearing to receive representations from any person on the proposed regional planning by-law. M.R. 12/2026 SECOND READING Second reading 23(1) After the hearing has been held in accordance with section 22, the regional planning board must (a) if it determines that the proposed regional planning by-law does not require alteration or requires only a minor alteration that does not change the intent of the by-law, make any required alteration and proceed to give the by-law second reading; (b) if it determines that the proposed regional planning by-law requires a major alteration that changes the intent of the by-law, (i) make the required alteration, (ii) hold another public hearing in accordance with section 22 to receive representations on the alterations to the by-law, (iii) if after holding the hearing in subclause (ii), it determines that the by-law requires a major alteration that changes the intent of the by-law, it must hold another hearing in accordance with subclause (ii), and (iv) proceed to give the altered by-law second reading or pass a resolution not to proceed with the by-law; or (c) pass a resolution not to proceed with the by-law. 23(2) If the regional planning board passes a resolution not to proceed with the by-law, it must send a copy of the resolution to (a) the minister; (b) each regional member municipality; (c) each planning district in the capital planning region; and (d) every person who made a representation at a hearing held on the by-law. 23(3) The regional planning board must also publish a copy of the resolution not to proceed on the capital planning region website and keep it on the website for at least 60 days after it is published. M.R. 12/2026 MINISTER'S APPROVAL Submission to minister 24 As soon as reasonably practicable after the proposed regional planning by-law is given second reading, the regional planning board must submit the following to the minister, in the form and manner directed by the minister: (a) a certified copy of the by-law; (b) a copy of the minutes of the hearing held on the by-law and each written submission filed at the hearing. M.R. 12/2026 No adoption until approval 25 The regional planning board must not give third reading to the proposed regional planning by-law until the minister has approved it under section 28. Notice of second reading given 26(1) As soon as practicable after submitting the proposed regional planning by-law to the minister for approval, the regional planning board must send a notice to every person who made a representation on the by-law at a hearing held on the by-law stating that (a) second reading was given to the by-law; (b) the by-law has been submitted to the minister for approval; and (c) any person who made a representation at the hearing may file an objection with the minister that sets out the reasons for their objection, within 14 days after the notice is given. 26(2) The notice under subsection (1) must (a) include the mailing address and e-mail address of the regional planning board for the purpose of receiving objections; (b) state that any person filing an objection under clause (1)⁠(c) must also submit their name, mailing address and, if they wish to be contacted electronically, their e-mail address; and (c) state that a copy of any objection must also be sent to the regional planning board at the address provided. Referral to Municipal Board 27(1) Before deciding whether to approve the proposed regional planning by-law, the minister may refer the by-law to the Municipal Board. 27(2) The minister may refer the entire by-law or limit the Municipal Board's review to a specific objection, question or issue about the by-law and direct that the Municipal Board consider only that matter. 27(3) If the minister makes a referral under subsection (1), the Municipal Board must hold the hearing required under subsection 10.7(4) of the Act within 120 days. 27(4) In addition to the notice requirements under section 168 of the Act and this regulation, at least 27 days before the hearing, the Municipal Board must send notice of the hearing to (a) the regional planning board; (b) each regional member municipality; (c) each planning district in the capital planning region; (d) every person who made a representation at a hearing on the by-law; and (e) any other person it considers appropriate. 27(5) Within 60 days after holding the hearing, the Municipal Board must submit a report to the minister setting out its recommendations on the objection, question or issue referred to it, as required under subsection 10.7(5) of the Act. Minister's decision 28(1) After receiving copies of the proposed regional planning by-law and any objections or comments, and after considering any recommendations of the Municipal Board under section 27, the minister may do one of the following: (a) approve the by-law with no alterations or conditions; (b) approve the by-law, subject to the regional planning board (i) making any alteration to the by-law required by the minister, and (ii) complying with any condition imposed by the minister; (c) reject the by-law. 28(2) Before making a decision under subsection (1), the minister may consult with the regional planning board, any regional member municipality and any other person the minister considers appropriate. 28(3) The minister is to provide the regional planning board with written notice of the minister's decision. 28(4) If the minister rejects the by-law under clause (1)⁠(c), that decision is final and may not be appealed, and the regional planning board must (a) notify each regional member municipality, each planning district in the capital planning region and each person who made a representation on the by-law; and (b) publish a notice of the decision on the capital planning region website and keep it on the website for at least 120 days after it is published. THIRD READING AND ADOPTION Third reading 29 Within 120 days after receiving the minister's decision, the regional planning board must (a) give third reading to the proposed regional planning by-law approved under clause 28(1)⁠(a) or (b), but only after (i) making any alterations to the by-law specified by the minister, and (ii) complying with any condition imposed by the minister; or (b) pass a resolution not to proceed with the by-law. Adoption 30(1) When a proposed regional planning by-law receives third reading, it must be signed by (a) the chair of the regional planning board; and (b) the vice-chair of the regional planning board or another person authorized by the board. 30(2) The by-law is adopted when it receives third reading and is signed in accordance with subsection (1). Notice of adoption 31 If a proposed regional planning by-law is adopted, the regional planning board must, as soon as practicable, (a) give the minister a certified copy of the by-law in the form and manner directed by the minister; (b) give a copy of the by-law to each regional member municipality and each planning district in the capital planning region; (c) send a notice stating that the by-law has been adopted to every person who made a representation at a hearing on the by-law; (d) if a Municipal Board hearing was held on the by-law, send a notice stating that the by-law has been adopted to the Municipal Board; (e) publish a notice on the capital planning region website stating that the by-law was adopted and that it is available for review by any person on the website or in accordance with section 17; and (f) publish a notice in a newspaper with a general circulation in the capital planning region, or on the website of the newspaper, that the by-law was adopted and that it is available for review by any person on the capital planning region website or in accordance with section 17. M.R. 12/2026 Notice of resolution not to proceed 32(1) If the regional planning board passes a resolution not to proceed with the by-law under clause 29(b), it must send a copy of the resolution to (a) the minister; (b) each regional member municipality; (c) each planning district in the capital planning region; and (d) every person who made a representation at a hearing held on the by-law. 32(2) The regional planning board must also publish a copy of the resolution not to proceed on the capital planning region website and keep it on the website for at least 60 days after it is published. NOTICE Notice of public hearing 33(1) In addition to the requirements set out in section 167 of the Act, notice of any public hearing must (a) state that any person may provide written submissions before or during the hearing, which must include their name and contact information; (b) give a mailing address, e-mail address and, if applicable, a website where written submissions may be submitted; (c) state that documents related to the matter to be considered at the hearing are available on the capital planning region website or may be inspected or copied at any other location specified in the notice; (d) in the case of a hearing to consider a matter affecting a specific property, identify the location of that property on a map; and (e) specify the applicable details if participation in the hearing by electronic means is available, or if the hearing is being broadcast live. 33(2) Notice of a hearing must be given by (a) publishing the notice of the hearing in one issue of a newspaper with a general circulation in the capital planning region on two occasions at least 6 days apart during the period beginning 40 days before the hearing and ending 7 days before the hearing; or (b) posting the notice prominently on the website of the newspaper for at least 14 days before the hearing. 33(3) At least 27 days before a hearing, a copy of the notice of the hearing must (a) be sent (i) to the minister, and (ii) to each regional member municipality and each planning district in the capital planning region; and (b) appear in a prominent location on the capital planning region website and remain posted there until the end of the hearing. 33(4) If the hearing is held to consider a matter affecting a specific property that changes the designation or requirements of that property, (a) a copy of the notice of hearing must be sent to the affected property owner in accordance with subsection 168(4) of the Act; and (b) if the property is located within 3 km of a municipality that is not a member of the capital planning region, at least 27 days before the hearing, a copy of the notice of the hearing must be sent to that municipality. M.R. 12/2026 Electronic notification 34 Any person who provides an e-mail address when making a submission under this Part is deemed to have agreed to receiving further communications by e-mail. AMENDMENTS TO THE REGIONAL PLAN Amending regional planning by-law 35 In accordance with the Act, an amendment to the regional planning by-law may be initiated by (a) the minister; (b) the capital planning region; (c) a regional member municipality; or (d) a planning district in the capital planning region. Amendment process 36(1) Sections 21 to 34 apply to amendments to the regional planning by-law, with any necessary changes, except (a) [repealed] M.R. 12/2026 ; (b) where an amendment relates primarily to one regional member municipality, at least one public hearing must be held in that municipality; and (c) a notice does not need to be published in a newspaper after the amendment is given third reading. M.R. 12/2026 36(2) Except for a minor amendment under section 37, an amendment to the regional planning by-law must be prepared with the assistance of an individual who is a registered professional planner within the meaning of The Registered Professional Planners Act . Exception for minor amendments 37(1) The regional planning board may apply to the minister to make a minor amendment to the regional planning by-law without complying with sections 21 to 34 by providing a written request with a copy of the proposed amendment. 37(2) The minister may give the regional planning board written authorization to make a minor amendment to the regional planning by-law, subject to any conditions set out in the authorization, if the minister is satisfied that (a) the proposed amendment is a minor one that does not change the intent of the by-law; or (b) the proposed amendment is required to correct an error or omission. 37(3) If the regional planning board makes a minor amendment to the regional planning by-law under subsection (1), it must (a) send a certified copy of the amendment to the minister; (b) send a copy of the amendment and an explanation of the amendment to each regional member municipality and each planning district in the capital planning region; and (c) publish a notice and a copy of the amendment on the capital planning region website for at least 120 days. Effect on planning instruments 38 If an amendment to, or replacement of, the regional planning by-law makes a by-law or plan listed in section 10.8 or 10.20 of the Act inconsistent with the regional planning by-law, the regional planning board must notify the regional member municipality or the planning district, as the case may be, of the obligation to comply with section 10.8 or 10.20 of the Act. REVIEW OF REGIONAL PLAN Review of regional plan 39(1) The regional planning board must complete a detailed review of the regional planning by-law (a) when determined in accordance with this section; or (b) when ordered to do so by the minister. 39(2) The regional planning board must (a) begin a review of the regional planning by-law no later than (i) eight years after adopting the first regional planning by-law, or (ii) eight years after completion of the last review under this section; and (b) complete the review no later than two years after beginning it under clause (a), including sending the new regional planning by-law to the minister for approval after second reading before the deadline, if applicable. 39(3) The minister may, by written order, require the regional planning board to complete a detailed review of the regional planning by-law in accordance with this section on or before the date specified in the order, or such later date as the minister may by further order allow. 39(4) A review of the regional planning by-law must include (a) a comprehensive examination of the by-law; and (b) the steps described in sections 19 and 20, as if it were a new by-law. 39(5) Upon completion of the review, the regional planning board must re-enact the regional planning by-law or repeal and replace it with a new regional planning by-law, in accordance with the process set out in sections 19 to 34. PART 3 COMING INTO FORCE Coming into force 40 This regulation comes into force on the same day that section 3 of The Planning Amendment and City of Winnipeg Charter Amendment Act , S.M. 2021, c. 36, comes into force. SCHEDULE (Section 13) MINIMUM ANNUAL CONTRIBUTION BY REGIONAL MEMBER MUNICIPALITIES COLUMN 1 Municipal Population COLUMN 2 Minimum Annual Contribution 999 or fewer $1,100 1,000 – 1,999 $2,100 2,000 – 2,999 $3,100 3,000 – 3,999 $4,100 4,000 – 4,999 $5,100 5,000 – 5,999 $6,100 6,000 – 6,999 $7,100 7,000 – 7,999 $8,100 8,000 – 8,999 $9,100 9,000 – 9,999 $10,100 10,000 – 10,999 $11,100 11,000 – 11,999 $12,100 12,000 – 12,999 $13,100 13,000 – 13,999 $14,100 14,000 – 14,999 $15,100 15,000 – 15,999 $16,100 16,000 – 16,999 $17,100 17,000 – 17,999 $18,100 18,000 – 18,999 $19,100 19,000 – 19,999 $20,100 20,000 or more $21,100, plus an additional $1,000 per 1,000 residents above 20,000 residents