Authority re minor variances 102(1) A board or council may, by by-law, authorize a designated employee or officer to make an order that varies (a) any height, distance, area, size or intensity of use requirement in the zoning by-law by no more than 15%; or (b) the number of parking spaces required by the zoning by-law by no more than 15%. No notice or hearing required 102(2) An application for a minor variance does not require a hearing under section 96 or notice to any person. Decision on minor variances 102(3) The designated employee or officer must make an order (a) rejecting the requested variance; or (b) varying the application of the zoning by-law with respect to the affected property in accordance with the limits of subsection (1), subject to any conditions considered necessary to meet the requirements of clause 97(1)⁠(b). Submissions before setting conditions 102(4) A minor variance order must not be made subject to conditions unless the applicant has been given a reasonable opportunity to make representations about the proposed conditions. Notice to applicant 102(5) The designated employee or officer must send a copy of the order to the applicant, along with written notice of the applicant's right to appeal the order under subsection (6). Appeal of minor variance 102(6) The applicant may appeal the order of the designated employee or officer, and sections 94 to 100 apply to the appeal, with any necessary changes. S.M. 2018, c. 14, s. 17 . PART 7 CONDITIONAL USES DIVISION 1 GENERAL CONDITIONAL USES APPLICATIONS Requirement for approval 103(1) No person may undertake a conditional use without first obtaining approval under this Part. Applicants 103(2) An application for approval of a conditional use must be made by the owner of the affected property, or a person authorized in writing by the owner. Application to board or council 103(3) The application must be made to (a) the council of the municipality in which the affected property is located; or (b) the board of the planning district in which the affected property is located, if the planning district has adopted a district-wide zoning by-law under section 69. Application requirements 103(4) The application must be in the form and accompanied by any supporting material and fee required by the board or council. Application process 103(4.1) In respect of an application for approval of a conditional use under subsection (2), the board or council must (a) send the applicant confirmation of the date that the board or council received the application; and (b) within 20 days after the application is received, determine if the application is complete. If application is complete 103(4.2) An application is complete if, in the opinion of the board or council, the application contains the documents, fees and other information necessary to review the application. If application is incomplete 103(4.3) If the board or council determines under subsection (4.2) that the application is incomplete, the board or council must give the applicant notice that identifies any missing documents, fees or other information. Extension by agreement 103(4.4) The time period referred to in clause (4.1)⁠(b) may be extended by an agreement in writing between the applicant and the board or council. S.M. 2022, c. 27, s. 42 . Authority respecting conditional uses 104 A board or council may, by by-law, authorize a planning commission to consider and make decisions on applications for conditional uses or specified types of conditional uses. Applications must be referred to the planning commission in accordance with the by-law. Public hearing 105 Upon receiving an application for approval of a conditional use, the board, council, or planning commission must (a) hold a public hearing to receive representations from any person on the application; and (b) give notice of the hearing in accordance with section 169. Decision 106(1) After holding the hearing, the board, council or planning commission must make an order (a) rejecting the application; or (b) approving the application if the conditional use proposed in the application (i) will be compatible with the general nature of the surrounding area, (ii) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area, and (iii) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law. Conditions of approval 106(2) When approving an application for a conditional use, the board, council or planning commission may, subject to section 107 and subsections 116(2) and (3) (conditions on livestock operations), (a) impose any conditions on the approval that it considers necessary to meet the requirements of clause (1)⁠(b); and (b) require the owner of the affected property to enter into a development agreement under section 150. Revoking approval 106(3) The approval of a conditional use may be revoked if the applicant or the owner of the affected property fails to comply with the conditional use order or a condition imposed under subsection (2). Modification of conditions 106(4) A condition imposed on the approval of a conditional use may be changed only by following the same process required to approve a new conditional use under this Part. Conditions on livestock operations 107(1) Only the following conditions may be imposed on the approval of a conditional use for a livestock operation dealt with in accordance with this Division, and any condition must be relevant and reasonable: (a) measures to ensure conformity with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law; (b) one or both of the following measures intended to reduce odours from the livestock operation: (i) requiring covers on manure storage facilities, (ii) requiring shelter belts to be established; (c) requiring the owner of the affected property to enter into a development agreement dealing with the affected property and any contiguous land owned or leased by the owner, on one or more of the following matters: (i) the timing of construction of any proposed building, (ii) the control of traffic, (iii) the construction or maintenance — at the owner's expense or partly at the owner's expense — of works required to service the livestock operation, including roads, traffic control devices, water servicing, site drainage, fencing, landscaping or shelter belts, (iv) the payment of a sum of money to the planning district or municipality to be used to construct anything mentioned in subclause (iii). No conditions re manure 107(2) No conditions may be imposed respecting the storage, application, transport or use of manure from a livestock operation described in subsection (1), other than a condition permitted under clause (1)⁠(b). S.M. 2026, c. 26, s. 21 . Notice of decision 108 The board, council or planning commission must send a copy of its order to the applicant and every person who made a representation at the hearing held under section 105. No appeal 109(1) Except as provided in section 118.2, the order of a board or council on an application for approval of a conditional use is final and not subject to appeal. Appeal of planning commission order 109(2) The order of a planning commission on an application for approval of a conditional use — except a decision that is subject to section 118.2 — may be appealed in accordance with sections 34 and 35 (appeal of decision by commission). S.M. 2018, c. 14, s. 18 . Expiry of approval 110(1) The approval of a conditional use under this Part will expire and cease to have any effect if it is not acted upon within 12 months of the date of the decision. Extending approval deadline 110(2) A board, council or planning commission may extend the deadline under subsection (1) (a) for a period of not longer than 12 months if an application is received before the expiry of the original deadline; and (b) for a second period of not longer than 12 months if an application is received before the expiry of the first extension. S.M. 2021, c. 36, s. 23 ; S.M. 2023, c. 10, s. 35 . Minor change for large-scale livestock operation 110.1 Despite subsection 106(4), an application to change a conditional use for an existing livestock operation involving 300 or more animal units must be made and dealt with in accordance with this Division if the application is to change any condition other than a condition described in subsection 111(1). S.M. 2026, c. 26, s. 22 . DIVISION 2 LARGE-SCALE CONDITIONAL USE LIVESTOCK OPERATIONS Application 111(1) Subject to section 110.1 of Division 1, an application to approve or change a conditional use for a livestock operation involving 300 or more animal units must be made and dealt with in accordance with this Division if the application is (a) to establish the operation; (b) to change or add a livestock category for the operation; or (c) to increase the number of animal units involved in the operation. Applicability of Division 1 111(2) Sections 103, 104, 109 and 110 and subsection 106(4) apply to an application that is subject to this Division. S.M. 2026, c. 26, s. 23 . Minister to receive copy of application 112 A board, council or planning commission must ensure that when an application that is subject to this Division is received, a copy of the application and all supporting material is sent to the minister as soon as reasonably practicable. TECHNICAL REVIEW COMMITTEES Appointment of Technical Review Committees 113(1) The minister may appoint a committee, to be known as the Technical Review Committee, for each region of the province. Application referred to T.R.C. 113(2) Upon receiving an application under this Division, the minister must refer it to the appropriate Technical Review Committee for review. Committee may require additional material 113(3) The Technical Review Committee may require the applicant to provide material in addition to the material required under subsection 103(4). T.R.C. report 113(4) The Technical Review Committee must prepare a report setting out its findings and recommendations respecting the application and give the report to the board, council or planning commission. Report available for inspection 113(5) The Technical Review Committee report must be available for inspection and copying at the office of the applicable planning district or municipality. Regulations re T.R.C. 113(6) The Lieutenant Governor in Council may make regulations respecting the review of applications received by a Technical Review Committee, including, but not limited to, the process and procedure to be used by the committee (a) in obtaining information from an applicant and the public about an application; and (b) in conducting its review. S.M. 2011, c. 2, s. 2 . HEARINGS Hearing date 114(1) The board, council or planning commission must fix a date for the hearing of an application under this Division. Notice of hearing date 114(2) At least 14 days before the date of hearing, the board, council or planning commission must (a) send notice of the hearing to (i) the applicant, (ii) the minister, (iii) all adjacent planning districts and municipalities, and (iv) every owner of property located within three kilometres of the site of the proposed livestock operation, even if a property is located outside the boundaries of the planning district or municipality; (b) publish or post the notice of hearing in accordance with subsection (2.1); and (c) post a copy of the notice of hearing on the affected property in accordance with section 170. Publishing or posting notice 114(2.1) The board, council or planning commission must publish or post the notice of hearing in accordance with the following: (a) if there is a newspaper with a general circulation in the planning district or municipality, (i) by publishing the notice of the hearing in one issue of the newspaper, or (ii) by posting the notice prominently on the website of the newspaper continuously until the date of the hearing; (b) if there is no such newspaper, by posting the notice in a conspicuous manner at the office of the planning district or municipality and at least two other public places in the district or municipality. Notice of T.R.C. report 114(3) The notice of hearing must include notice that the Technical Review Committee report is available for inspection and copying at the office of the planning district or municipality. S.M. 2018, c. 14, s. 19 ; S.M. 2021, c. 46, s. 16 . Hearing 115 At the hearing, the board, council or planning commission must receive representations from any person on the application. DECISION Decision 116(1) After holding the hearing, the board, council or planning commission must make an order (a) rejecting the application; or (b) approving the application if (i) the Technical Review Committee has determined, based on the available information, that the proposed operation will not create a risk to health, safety or the environment, or that any risk can be minimized through the use of appropriate practices, measures and safeguards, and (ii) the proposed operation (A) will be compatible with the general nature of the surrounding area, (B) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area, and (C) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law. Conditions on livestock operations 116(2) Only the following conditions may be imposed on the approval of an application under this Division, and any condition must be relevant and reasonable: (a) measures to ensure conformity with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law; (b) measures to implement recommendations made by the Technical Review Committee; (c) one or both of the following measures intended to reduce odours from the livestock operation: (i) requiring covers on manure storage facilities, (ii) requiring shelter belts to be established; (d) requiring the owner of the affected property to enter into a development agreement under clause 107(1)⁠(c). No conditions re manure 116(3) No conditions may be imposed respecting the storage, application, transport or use of manure from a livestock operation that is the subject of an application under this Division other than a condition permitted under clause (2)⁠(c). Revoking approval 116(4) The approval of a livestock operation subject to this Division may be revoked if the applicant or the owner of the affected property fails to comply with the conditional use order or a condition imposed under subsection (2). Notice of decision 117 The board, council or planning commission must send a copy of its order to (a) the applicant; (b) the minister; and (c) every person who made a representation at the hearing held under section 115. No development until all approvals obtained 118 No development or expansion of a livestock operation that is the subject of an application under this Division may take place until (a) the application is approved and the applicant complies, or agrees to comply, with any condition imposed on the approval under this Division; and (b) the applicant obtains every approval, including any permit or licence, required under an Act, regulation or by-law in respect of the proposed operation or expansion, and complies with, or agrees to comply with, any condition attached to the approval. DIVISION 3 APPEALS CONCERNING AGGREGATE QUARRIES AND LARGE-SCALE LIVESTOCK OPERATIONS Definitions 118.1 The following definitions apply in this Division. "aggregate quarry" has the same meaning as in subsection 1(1) of The Mines and Minerals Act . (« carrière d'agrégat ») "large-scale livestock operation" means a livestock operation involving 300 or more animal units. (« exploitation de bétail à grande échelle ») S.M. 2018, c. 14, s. 20 ; S.M. 2026, c. 26, s. 24 . Right to appeal 118.2(1) An applicant may appeal the following decisions of a board, council or planning commission to the Municipal Board: (a) for an application for approval of a conditional use made in respect of an aggregate quarry, (i) a decision to reject the application, (ii) a decision to impose conditions; (b) for an application for approval of a conditional use made in respect of a large-scale livestock operation that was made and dealt with in accordance with Division 2, (i) a decision to reject the application, (ii) a decision to impose conditions. How to appeal 118.2(2) An appeal may be commenced by sending a notice of appeal to the Municipal Board within 14 days after the board, council or planning commission gives notice of its decision under (a) section 108, in respect of an application concerning an aggregate quarry; or (b) section 117, in respect of an application concerning a large-scale livestock operation. Notice of appeal 118.2(3) A notice of appeal must include the following information: (a) the legal description of the land that is subject to the application and the name of the municipality in which the land is located; (b) the name and address of the appellant; (c) if the decision being appealed relates to conditions imposed in a conditional approval, a description of the conditions being appealed. S.M. 2018, c. 14, s. 20 ; S.M. 2022, c. 27, s. 43 ; S.M. 2026, c. 26, s. 25 . Appeal hearing 118.3(1) The Municipal Board must hold a hearing to consider the appeal within 120 days after the notice of appeal is received. Notice of hearing 118.3(2) At least 14 days before the hearing, the Municipal Board must send notice of the hearing to the appellant, the board, council or planning commission and any other person the Municipal Board considers appropriate. S.M. 2018, c. 14, s. 20 ; S.M. 2026, c. 26, s. 26 . Decision of Municipal Board 118.4(1) The Municipal Board must make an order (a) rejecting the proposal; or (b) approving the proposal, subject to any conditions described in the following provisions that it considers appropriate: (i) subsection 106(2), in the case of an aggregate quarry, (ii) subsection 116(2), in the case of a large-scale livestock operation. Notice of decision 118.4(2) The Municipal Board must make its order within 60 days after the hearing is concluded and must send a copy of the order to the appellant, the board, council or planning commission, the minister and any other party to the appeal. Decision not subject to appeal 118.4(3) A decision of the Municipal Board on an appeal is final and not subject to further appeal. S.M. 2018, c. 14, s. 20 ; S.M. 2026, c. 26, s. 27 . Effect of decision 118.5 The applicable board, council or planning commission continues to have jurisdiction under the following provisions in respect of an order made under section 118.4, but may not require the owner of the affected property to enter into a development agreement under section 150 unless the Municipal Board requires a development agreement as a condition under clause 118.4(1)⁠(b): (a) subsections 106(3) and (4) and section 110, in the case of an aggregate quarry; (b) subsection 116(4), in the case of a large-scale livestock operation. S.M. 2018, c. 14, s. 20 . PART 8 SUBDIVISION CONTROL DEFINITIONS Definitions 119(1) The following definitions apply in this Part. "applicant" means a person who applies for subdivision approval under section 124. (« auteur de la demande ») "approving authority" means (a) the board, in the case of a board authorized under section 120; (b) the council, in the case of a council that is subject to section 120.1; and (c) the minister, in any other case. (« autorité compétente ») "minor subdivision" means a subdivision that meets the requirements set out in subsection 119(1.1). (« lotissement mineur ») "railway line" means the track, land and structure on which a railway may be operated and includes all extra rights of way, auxiliary tracks, spurs, wyes, sidings, station grounds and yards. (« ligne de chemin de fer ») "registered plan of subdivision" does not include an explanatory plan filed in the land titles office under section 127 of The Real Property Act. (« plan de lotissement enregistré ») Minor subdivision — requirements 119(1.1) A subdivision is a minor subdivision for the purpose of this Part if (a) the subdivision is one of the following: (i) a subdivision that results in a single new parcel of land, (ii) a subdivision of one or more parcels of land where each parcel being transferred is to be consolidated with an adjacent parcel covered by another title, so that no additional title results, (iii) a subdivision that results in new parcels of land where at least one boundary, or part of a boundary, of at least two adjacent parcels is or will be subject to a party wall agreement; and (b) the subdivision meets all the following conditions: (i) the parcels resulting from the subdivision conform with the development plan by-law, the zoning by-law and any secondary plan by-law, (ii) the subdivision does not create any new public roads, (iii) the subdivision does not require any change in access to a provincial road or provincial trunk highway. Mines and minerals not included 119(2) In this Part, "land" does not include mines and minerals or sand and gravel. S.M. 2013, c. 37, s. 2 ; S.M. 2020, c. 23, s. 3 ; S.M. 2026, c. 26, s. 28 . Board as approving authority 120 At the request of the board of a planning district, the minister may authorize the board to act as the approving authority for the area under its jurisdiction, subject to any conditions the minister considers appropriate. Approving authority for Brandon 120.1(1) The council of The City of Brandon is hereby established as the approving authority for the subdivision of land in Brandon. Approving authority for designated municipalities 120.1(2) The minister may make regulations designating the council of a municipality as the approving authority for the subdivision of land in the municipality, including regulations (a) establishing eligibility requirements for the council to act as the approving authority; (b) respecting conditions that apply when the council is the approving authority. S.M. 2020, c. 23, s. 4 . WHEN SUBDIVISION APPROVAL IS REQUIRED Approval required for subdivision of land 121(1) A district registrar may not accept for registration any instrument that has the effect, or may have the effect, of subdividing a parcel of land, including (a) a plan of subdivision; (b) a plan of survey; (c) an order or judgment of a court; and (d) a caveat; unless the subdivision has been approved by the approving authority. Cases in which approval is not required 121(2) As exceptions to subsection (1), a district registrar may accept an instrument that has the effect, or may have the effect, of subdividing a parcel of land in any of the following circumstances: (a) each parcel resulting from the subdivision consists of (i) at least 80 acres, and either abuts on a public road or is being consolidated with an adjoining parcel that abuts on a public road, (ii) two or more legal subdivisions that abut each other, and either abut on a public road or are being consolidated with an adjoining parcel that abuts on a public road, (iii) a parcel of approximately equal area to the other parcel created by the subdivision of an entire quarter section where the parcels abut each other and either abut on a public road or are being consolidated with an adjoining parcel that abuts on a public road, (iv) one or more whole lots or blocks in a registered plan of subdivision, (v) one or more whole lots or blocks and any existing part or parts of a lot or block contiguous thereto in a registered plan of subdivision, or (vi) at least one parish lot, or more if contiguous, in either the inner or the outer two miles, or a settlement lot (not including a woodlot or a park lot); (b) the parcel resulting from the subdivision is not contiguous to and does not abut any other land described in the certificate of title, but does abut on a public road or is being consolidated with adjoining land that abuts on a public road; (c) the land is being acquired or disposed of by His Majesty in right of Canada or Manitoba or by Manitoba Hydro; (d) the land is being acquired by a municipality for the purpose of (i) widening or extending a public road, or (ii) constructing, opening or making a new drain, or widening, altering, diverting or straightening an existing drain under The Municipal Act , and the instrument or plan is accompanied, at registration, by a statutory declaration of an officer of the municipality that the land was acquired for one of those purposes; (e) the land was part of a government road allowance, public road or public reserve that has been closed by by-law and is being consolidated with adjacent existing titles; (f) the land is part of a railroad right-of-way and is being consolidated with adjacent existing titles. Parcel includes public road, etc. 121(3) For the purpose of subclauses (2)⁠(a)⁠(i), (ii), (iii) and (vi), a parcel of land is deemed to include land for a public road, road allowance, drain or right-of-way excepted from the land described in the certificate of title covering the parcel. Contiguity of land 121(4) For the purpose of this section, land that is excepted from land described in a certificate of title for a public road — excluding a government road allowance — railway line, transmission or distribution line, river, drain or right of way, or is acquired for any of those purposes, is deemed not to create a break in the contiguity of the land. Easement not a subdivision 121(5) For the purpose of this section, an easement does not have the effect of subdividing a parcel of land, and is deemed not to create a break in the contiguity of the land. Affidavit or statutory declaration may be required 121(6) The district registrar may require an affidavit or statutory declaration by a party to an instrument alleging facts to establish that clause (2)⁠(a) applies to a subdivision. The affidavit or declaration is conclusive proof of the facts stated in it. Effect of zoning by-law 121(7) When a parcel of land remains after adjoining land or a use or right in adjoining land is acquired under clause (2)⁠(c) or (d), the parcel is deemed to conform to the applicable site area or lot size requirements of the zoning by-law in force at the time of the acquisition. Caveat void 121(8) A caveat filed contrary to subsection 148(2) of The Real Property Act is void. Unregistered instrument effecting subdivision 122 An interest in land is not created or conveyed by an unregistered instrument that purports to subdivide land or to have the effect of subdividing land contrary to this Part. RESTRICTION ON SUBDIVISION APPROVAL Restriction on approvals 123 A subdivision of land must not be approved unless (a) the land that is proposed to be subdivided is suitable for the purpose for which the subdivision is intended; and (b) the proposed subdivision conforms with (i) the development plan by-law and zoning by-law, (ii) any secondary plan by-law, and (iii) the regulations under section 146. APPLYING FOR SUBDIVISION APPROVAL Application for subdivision approval 124(1) The owner of land, or a person authorized in writing by the owner, may apply to the approving authority for subdivision approval in accordance with the regulations. Application process 124(1.1) In respect of an application for subdivision approval under subsection (1), the approving authority must (a) send the applicant confirmation of the date that the approving authority received the application; and (b) within 20 days after the application is received, determine if the application is complete. If application is complete 124(1.2) An application is complete if, in the opinion of the approving authority, the application contains the documents, fees and other information necessary to review the application. If application is incomplete 124(1.3) If the approving authority determines under subsection (1.2) that the application is incomplete, the approving authority must give the applicant notice that identifies any missing documents, fees or other information. Extension by agreement 124(1.4) The time period referred to in clause (1.1)⁠(b) may be extended by an agreement in writing between the applicant and the approving authority. Approving authority to prepare report 124(2) Upon receiving an application, the approving authority must, in accordance with the regulations, (a) refer the application to government departments and other entities for comment; (b) prepare a planning report; and (c) send the planning report along with a copy of the application to the council of the municipality in which the affected land is located. Minor subdivisions 124(3) Upon receiving an application for a minor subdivision, the approving authority may, in accordance with the regulations and as an exception to subsection (2), (a) give conditional approval to the minor subdivision, subject to any conditions described in section 135 that the approving authority considers appropriate; and (b) send a copy of the application and the conditional approval to the council of the municipality in which the affected land is located. New or varied conditions 124(4) The approving authority may add to, vary or rescind a condition it imposed under clause (3)⁠(a), at any time before a certificate of approval is issued in respect of the minor subdivision. Minor subdivisions if council is approving authority 124(5) If the council is the approving authority, an application for a minor subdivision must be sent to the council and dealt with in accordance with section 125 or 125.1, and subsections (3) and (4) do not apply to such an application. S.M. 2013, c. 37, s. 3 ; S.M. 2020, c. 23, s. 5 ; S.M. 2022, c. 27, s. 44 . REVIEW BY COUNCIL Review by council 125(1) Upon receiving the application and the planning report, the council must consider the application and decide, by resolution, (a) to reject it; or (b) to approve the application, with or without any of the conditions described in section 135. Hearing when road created 125(2) If the proposed subdivision will result in the creation of a new public road, the council must (a) hold a public hearing to receive representations on the proposed subdivision; and (b) give notice of the hearing in accordance with section 169. Council's decision final 125(3) A resolution of council under this section is final, and the council may not reverse it notwithstanding The Municipal Act . But the council may, by resolution, vary or rescind any condition it has specified under clause (1)⁠(b) or specify new conditions. Notice to approving authority 125(4) The council must provide the approving authority with a certified copy of any resolution it makes under this section. If no decision within specified time 125(4.1) Subject to subsection (4.2), for a subdivision application subject to this section, an applicant may consider their application to have been rejected and may appeal the matter to the Municipal Board under section 129 if the council fails to pass a resolution respecting the application within 90 days after the complete application is received by the council. Extension by agreement 125(4.2) The time period referred to in subsection (4.1) may be extended by an agreement in writing between the applicant and the council. Non-application to council 125(5) Subsection (4) does not apply if the council is the approving authority. S.M. 2013, c. 37, s. 4 ; S.M. 2020, c. 23, s. 6 ; S.M. 2021, c. 36, s. 24 ; S.M. 2022, c. 27, s. 45 . MINOR SUBDIVISIONS Review and approval of minor subdivisions 125.1(1) In respect of an application for a minor subdivision sent to the council under subsection 124(3) or (5), a council may (a) consider the application and decide, by resolution, to approve or reject it; or (b) as an exception to section 125, provide that the application is to be referred to a designated employee or officer of the municipality and authorize the employee or officer to approve the application. Approval may not be reversed 125.1(2) An approval under subsection (1) is final, and may not be reversed, despite The Municipal Act . Conditions on approval 125.1(3) An approval under subsection (1) may be made subject to any of the conditions described in section 135, and the decision maker under subsection (1) may add to, vary or rescind a condition that the decision maker imposed at any time before a certificate of approval is issued in respect of the minor subdivision. Effect of approval — minor subdivisions 125.1(4) A decision to approve an application for a minor subdivision is deemed to be a decision of the approving authority to give conditional approval to the minor subdivision under clause 126(2)⁠(b). Council resolution required to reject 125.1(5) A decision to reject an application for a minor subdivision may be made only by a resolution of council, and no designated employee or officer may be authorized to make such a decision. Effect of rejection 125.1(6) A council's decision to reject an application for a minor subdivision is deemed to be a decision of the approving authority under clause 126(2)⁠(a). Notice of decision 125.1(7) The municipality must send a certified copy of its decision to the applicant, the approving authority and, where a board is the approving authority, to the minister. Non-application 125.1(8) Subsections 126(3) to (5) do not apply in respect of a minor subdivision. Non-application if council is approving authority 125.1(9) Subsections (4), (6) and (7) do not apply in respect of a minor subdivision if the approving authority is the council. S.M. 2013, c. 37, s. 5 ; S.M. 2020, c. 23, s. 7 ; S.M. 2021, c. 36, s. 25 . Notice of council decisions for minor subdivisions 125.2 If the council is the approving authority, the municipality must send a certified copy of council's decision on a minor subdivision to the applicant and to the minister. S.M. 2020, c. 23, s. 8 . If no decision within specified time 125.3(1) Subject to subsection (2), for an application for a minor subdivision, an applicant may consider their application to have been rejected and may appeal the matter to the Municipal Board under section 129 if the application is not dealt with within 60 days after it is received by the council. Extension by agreement 125.3(2) The time period referred to in subsection (1) may be extended by an agreement in writing between the applicant and the council. S.M. 2021, c. 36, s. 26 ; S.M. 2022, c. 27, s. 46 . FINAL DECISION BY APPROVING AUTHORITY 126(1) [Repealed] S.M. 2021, c. 36, s. 27 . Decision of approving authority 126(2) After receiving notice of a decision under subsection 125(4) or 125.1(7), the approving authority must consider the application and do one of the following: (a) reject the application; (b) give conditional approval to the subdivision, subject to (i) any conditions specified by council under clause 125(1)⁠(b), and (ii) any additional conditions described in section 135 that the approving authority considers appropriate. Notice of decision 126(3) The approving authority must send a copy of its decision to the applicant, the council and, where a board is the approving authority, to the minister. New or varied conditions 126(4) The approving authority may add to, vary or rescind a condition it has imposed under subclause (2)⁠(b)⁠(ii). If no decision within 60 days 126(5) If the approving authority fails to make a decision on an application, the applicant may, after the expiry of 60 days from the date of the council resolution, consider the application to have been rejected by the approving authority and may appeal the matter to the Municipal Board under section 129. S.M. 2021, c. 36, s. 27 . Council acting as approving authority 126.1(1) A decision made in accordance with section 125 or 125.1 by a council that is an approving authority is deemed to be a decision of the approving authority to reject the application or give conditional approval to the subdivision, subject to any conditions specified by the council or the designated employee or officer. Non-application 126.1(2) Section 126 does not apply when the council is the approving authority. S.M. 2020, c. 23, s. 9 . Conditional approval valid for 2 years 127 If, within two years after notice is given under subsection 125.1(7), section 125.2 or subsection 126(3), the applicant does not satisfy the approving authority that the conditions imposed on a subdivision approval have been met, the conditional approval expires. But the approving authority may, within that two-year period, extend the period for one additional period of not more than 12 months. S.M. 2013, c. 37, s. 6 ; S.M. 2020, c. 23, s. 10 . Revoking a conditional approval 128(1) The approving authority may, in writing, revoke a conditional approval it has given, if it believes the approval was issued in error, in which case the applicant is entitled to be compensated for his or her expenses. If no agreement on expenses can be reached, subsections 88(3) and (4) (arbitration if no agreement) apply, with necessary changes. Effect of revocation — minor subdivisions 128(1.1) In the case of a minor subdivision, the revocation of a conditional approval by the approving authority under subsection (1) has the effect of revoking any approval of the minor subdivision under section 125.1. Notice 128(2) The approving authority must send a copy of the revocation to the applicant and the municipality. Revocation final 128(3) A revocation is final and may not be appealed. S.M. 2013, c. 37, s. 7 . APPEAL TO MUNICIPAL BOARD Right to appeal 129(1) An applicant or the minister may appeal the following decisions of the approving authority to the Municipal Board: (a) a decision to approve or reject an application under subsection 126(2), including a decision to impose conditions; (b) a decision to impose new conditions or vary or rescind conditions under subsection 126(4). Right to appeal — when council is approving authority 129(1.1) If the council is the approving authority, an applicant or the minister may appeal a decision under section 125 or 125.1 to approve an application or to impose conditions on such an approval. 129(2) [Repealed] S.M. 2021, c. 36, s. 28 . How to appeal 129(3) An appeal may be commenced by sending a notice of appeal to the Municipal Board (a) within 14 days after (i) the municipality gives notice of the decision under subsection 125.1(7) or section 125.2, or (ii) the approving authority gives notice of its decision under subsection 126(3); or (b) within 14 days after the expiry of the time specified in subsection 125(4.1), section 125.3 or subsection 126(5), if the approving authority has failed to make a decision. Notice of appeal 129(4) A notice of appeal must include the following information: (a) the legal description of the land proposed to be subdivided and the name of the municipality in which that land is located; (b) the name and address of the applicant; (c) the name and address of the appellant; (d) if the decision being appealed relates to conditions imposed in a conditional approval, a description of the conditions being appealed. S.M. 2013, c. 37, s. 8 ; S.M. 2018, c. 14, s. 21 ; S.M. 2020, c. 23, s. 11 ; S.M. 2021, c. 36, s. 28 ; S.M. 2022, c. 27, s. 47 . Appeal hearing 130(1) The Municipal Board must hold a hearing to consider the appeal within 120 days after the notice of appeal is received. Notice of hearing 130(2) At least 14 days before the hearing, the Municipal Board must send notice of the hearing to the applicant, the minister, the approving authority, the council and any other person the board considers appropriate. S.M. 2026, c. 26, s. 29 . Decision of Municipal Board 131(1) Subject to section 123 (restrictions on approval), the Municipal Board must make an order (a) rejecting the proposed subdivision; or (b) approving the proposed subdivision, subject to any conditions described in section 135 that it considers appropriate. Notice of decision 131(2) The Municipal Board must make its order within 60 days after the hearing is concluded, and must send a copy of the order to the applicant, the approving authority, the council, the minister and any other party to the appeal. If conditions not met within 2 years 131(3) If the Municipal Board approves a subdivision subject to conditions and the applicant fails to provide evidence satisfactory to the approving authority that the conditions have been met within two years from the date of the order, the conditional approval expires, unless extended under section 127. S.M. 2026, c. 26, s. 30 . 131.1 [Repealed] S.M. 2021, c. 36, s. 29 ; S.M. 2026, c. 26, s. 31 . CERTIFICATE OF APPROVAL Certificate of approval 132(1) Upon being satisfied that conditions imposed on a subdivision approval under section 125 or 125.1 or clause 126(2)⁠(b) or 131(1)⁠(b) have been met, the approving authority must issue a certificate of approval. Certificate issued in 30 days 132(2) If the approving authority is a board or the council of a municipality, the board or the municipality may not issue the certificate of approval until after the deadline for an appeal under section 129 has passed, unless the minister agrees to an earlier date. Notice 132(3) The approving authority must send a copy of the certificate of approval to (a) the applicant; (b) the council, except if the council is the approving authority; and (c) the minister, except if the minister is the approving authority. Certificate valid for 24 months 132(4) A certificate of approval issued after subsection (4.1) comes into force is valid for 24 months after the day it is issued. Transitional — extension of 12-month certificate 132(4.1) While a certificate of approval issued before the coming into force of this subsection remains valid, it may be extended by the approving authority for one additional period of 12 months. No certificate until appeal settled 132(5) No certificate of approval may be issued under this section until any appeal under section 129 has been resolved. S.M. 2020, c. 23, s. 12 ; S.M. 2021, c. 48, s. 19 . WAITING PERIOD FOR NEW APPLICATIONS Six-month wait before applying again 133 If an application for subdivision approval of land is rejected, the approving authority may refuse to accept for consideration, with respect to the same land, a further application submitted to it within six months from the later of the following dates: (a) the date of the approving authority's decision to reject the application; (b) if the rejection is appealed to the Municipal Board, the date of the Municipal Board's decision. 134 [Repealed] S.M. 2013, c. 37, s. 9 . CONDITIONS OF SUBDIVISION APPROVAL Conditions of approval 135 A subdivision of land may be approved subject to one or more of the following conditions, which must be relevant to the subdivision: 1. Any condition necessary to ensure compliance with this Act or another Act, or the regulations made under them, or a development plan by-law, secondary plan by-law or zoning by-law. 2. Any condition necessary to satisfy the requirements of a municipal by-law, including the payment of subdivision examination fees and capital levies, and the requirement to pay property taxes. 3. A condition that the applicant enter into a development agreement with the government, the municipality or a planning district, as required, respecting (a) the construction or maintenance — at the owner's expense or partly at the owner's expense — of works, including, but not limited to, sewer and water, waste removal, drainage, public roads, connecting streets, street lighting, sidewalks, traffic control, access, connections to existing services, fencing and landscaping; (b) construction or payment by the owner of all or part of the capacity of works in excess of the capacity required for the proposed subdivision; and (c) the use of the land and any existing or proposed building. 4. Any condition recommended or required by a government department or other entity to which the application was referred by the approving authority. 5. Any condition necessary for the proper design of the subdivision or to implement the reorganization of titles. 6. A condition that the applicant dedicate the following land, without compensation: (a) land for adequate public roads and municipal services in the subdivision; (b) land for public reserve purposes, not exceeding 10% of the land being subdivided, but only if the land is being divided into parcels of less than 4 hectares; (c) land for school purposes, not exceeding 10% of the land being subdivided; (d) land not suitable for building sites or other development because it is unstable, subject to severe flooding, required for source water protection, or is otherwise unsuitable because of topographical or subsurface features, such as wetlands, gullies, ravines, natural drainage courses, creeks, ponds or lake beds; (e) shore lands designated in a development plan by-law as land to be dedicated upon subdivision as a Crown reserve or a public reserve, including land that is or might be required to provide access to shore lands. 7. As an alternative to dedicating land under item 6(d) or (e), a condition that the applicant enter into a development agreement with the government, the municipality, or the planning district as required, whereby the applicant agrees to conditions limiting, regulating or prohibiting any use, activity or development on the land. 8. A condition that a zoning by-law be amended. S.M. 2013, c. 37, s. 10 . Money in place of public reserve or school lands 136(1) The council may require the owner of land that is the subject of a proposed subdivision to provide money to the municipality or a school board or school district in place of dedicating land for public reserve purposes or for school purposes under section 135, item 6(b) or (c). The amount paid must be equivalent to the value of the land that would have been dedicated. Council must specify payment as a condition 136(2) If money is required to be paid in place of dedicating lands, the council must specify that such a payment is required in a resolution under section 125. Agreement about the amount 136(3) The applicant and the municipality may reach an agreement about the amount payable under this section, but if they cannot agree, either one may submit the matter to arbitration by sending a notice to that effect to the other. Arbitration 136(4) If arbitration is required, (a) the value of the land must be determined on the basis of what might be expected to be realized if the unsubdivided land was sold in the open market immediately before the conditional approval; and (b) subsections 88(3) and (4) (arbitration if no agreement) apply, with necessary changes. Errors in approvals or plans 137 If the approving authority believes an error or omission has been made in a conditional approval, certificate of approval or an unregistered plan of subdivision approved under this Part, it may make a correction without giving notice. CONDITION OF SUBDIVISION APPROVAL 137.1 [Not proclaimed, but repealed by S.M. 2018, c. 29, s. 29 ] S.M. 2011, c. 38, s. 14 ; S.M. 2018, c. 29, s. 29 . Prohibition — advertising future school buildings 137.2(1) No developer shall advertise that a school building is to be built or may be built on a parcel of land that is outside the City of Winnipeg.
